Affiliations Committee/Wikimedia India/Concerns

Concerns Regarding Legal Structure
Concern	Wikimedia India Response	Requested Deliverables	Status of Deliverables
The Affiliations Committee expressed a concern that Wikimedia India has not obtained either 12A non-profit tax status or an FCRA license, and appears to have no plan to do so.	In a March 2019 email, the Wikimedia India Executive Committee stated that it “cannot provide a tentative timeline to resolve issues on government licenses pertaining to 12A and FCRA”, but that “attaining the two licenses are of utmost priority and most of the efforts are spent there at the moment”.	During the April 2019 call, the Affiliations Committee requested that the Wikimedia India Executive Committee submit (1) documentation demonstrating Wikimedia India’s current non-profit registration status and (2) an action plan that describes how Wikimedia India will work towards obtaining the 12A and FCRA licenses in the future.	The Wikimedia India Executive Committee has not submitted the requested documentation or the requested action plan.
Concerns Regarding Open Governance
Concern	Wikimedia India Response	Requested Deliverables	Status of Deliverables
The Affiliations Committee expressed a concern that the requirement for members to be physically present at a general assembly excludes members or potential members who do not live in certain cities or do not have the means and flexibility to travel and to take time away from work.	n a March 2019 email, the Wikimedia India Executive Committee stated that “requirements to be physically at the assembly is a prerequisite of the government laws and regulations and outside any control of the Wikimedia Chapter”. In response to questions raised by the Affiliations Committee during the April 2019 call, the Wikimedia India Executive Committee clarified its earlier response to state that delegate (proxy) voting by mail was permissible.	During the April 2019 call, the Affiliations Committee requested that the Wikimedia India Executive Committee submit (1) documentation demonstrating how Wikimedia India used delegate (proxy) voting.	The Wikimedia India Executive Committee has not submitted the requested documentation.
The Affiliations Committee expressed a concern that new members of Wikimedia India appear to be recruited primarily through connections with existing university programs rather than through open community participation.	The Wikimedia India Executive Committee has not responded to this concern.
Concerns Regarding Open Active Contributor Involvement
Concern	Wikimedia India Response	Requested Deliverables	Status of Deliverables
The Affiliations Committee expressed a concern that Wikimedia India appears to lack a broad membership base, as well as broad community support and involvement in general.	In a March 2019 email, the Wikimedia India Executive Committee stated that Wikimedia India “abides to the principal of fairness and transparency and the list of members are always updated before the elections along with their city” and that the Executive Committee “can share the list of present members along with their usernames”.	During the April 2019 call, the Affiliations Committee requested that the Wikimedia India Executive Committee submit (1) documentation demonstrating that Wikimedia India has at least 20 active contributors as members and (2) documentation demonstrating that Wikimedia India has a process for involving a broad and diverse membership base in its activities.	The Wikimedia India Executive Committee has not submitted the requested documentation.
Concerns Regarding Capacity
Concern	Wikimedia India Response	Requested Deliverables	Status of Deliverables
The Affiliations Committee expressed a concern that Wikimedia India does not appear to be effectively planning and leading programs and partnerships, and that it has not demonstrated the capacity and ability for collaboration necessary to do so.	In December 2018, the Wikimedia India Executive Committee submitted Wikimedia India's annual activities report, which had been overdue since July 2018. This report included information about certain programs carried out by Wikimedia India; however, some of these programs do not appear to have been completed in a timely manner, possibly as a result of insufficient capacity. The Wikimedia India Executive Committee has not responded regarding Wikimedia India's ability for collaboration.	During the April 2019 call, the Affiliations Committee requested that the Wikimedia India Executive Committee submit (1) an action plan that describes how Wikimedia India will ensure that it has sufficient capacity to implement programs in a timely manner before committing to them in the future.	The Wikimedia India Executive Committee has not submitted the requested action plan.
The Affiliations Committee expressed a concern that, based on repeated failures to submit on-time reports to the Wikimedia Foundation, Wikimedia India appears to lack capacity for the basic reporting required to maintain legal status and compliance with its chapter agreement.	In a December 2018 email, the Wikimedia India Executive Committee stated that the failures to submit on-time reports were the result of delays imposed by the government. In response to questions raised by the Affiliations Committee during the April 2019 call, the Wikimedia India Executive Committee clarified that Wikimedia India was compliant with reporting deadlines within its local jurisdiction, but that those deadlines were not aligned with the deadlines for submitting reports to the Wikimedia Foundation.	During the April 2019 call, the Affiliations Committee requested that the Wikimedia India Executive Committee submit (1) an action plan that describes how Wikimedia India will ensure timely reporting to the Wikimedia Foundation in the future.	The Wikimedia India Executive Committee has not submitted the requested action plan.
Concerns Regarding Organizational Best Practices
Concern	Wikimedia India Response	Requested Deliverables	Status of Deliverables
The Affiliations Committee expressed a concern that Wikimedia India was not following the organizational best practices published by the Wikimedia Foundation, particularly in the areas of governance, transparency, and assessment.	The Wikimedia India Executive Committee had not responded to this concern prior to the April 2019 call. During the call, the Affiliations Committee reiterated this concern, and clarified that it was not limited to the lack of annual plans and the repeated failure to submit on-time reports. The Wikimedia India Executive Committee ultimately submitted a response on June 4, 2019.