[Community-Discuss] Call for AFRINIC’s registry service migration to other RIRs

JORDI PALET MARTINEZ jordi.palet at consulintel.es
Thu Aug 5 08:48:51 UTC 2021


The bylaws are plenty of evident mistakes …



Such as the understanding of the “community”, or use of “internet” instead of “Internet”, etc.



However the intent of 11.4 was “to resolve an urgent problem in Internet resources” (not issues in the PDP itself): The Board is allowed to change the rules (policies) with immediate effect -> this is not a Draft Policy Proposal, but a *pre-ratified Policy* (or if you want to say it in a different way Board writes a policy and immediately ratify it in the next second after they – the Board not the community - agree on the text).



The immediate effect meand immediate implementation.



Then, they are mandated to get the community endorsment. However the *only* way to get the community endorsement it is a DPP via the regular cicle. If that DPP fails to reach consensus, the the Board ratified and implemented policy falls, but whatever effect it has caused in the previous weeks/months, remain in effect.





Dear AfriNIC's Community,



Please see my comments below, inline...

Le jeudi 5 août 2021, JORDI PALET MARTINEZ via Community-Discuss <community-discuss at afrinic.net> a écrit :

Hi Sylvain,





Hi Jordi,

Thanks for replying, brother.





11.4 literally says policy not DPP.





...exact, brother! but, btw, what is the lifecycle of

a DPP? That's my point :-/



It simply appears that they used inappropriate

terms, as you can see.





Also ready 11.5, otherwise you are taking it out of context.





Ok! thanks <https://afrinic.net/bylaws#b20-11>



~°~

[...]



11.4) Notwithstanding the provisions of Article 11.3 above, the Board may adopt such policies regarding the management of internet number resources where it considers that the same is necessary and urgent, having regard to the proper and responsible usage of these resources. [Amended at the 2020 AGMM]

11.5) Endorsement of the policy adopted by the Board:

i. Any policy adopted by the Board under the provisions of Article11.4 shall be submitted to the community for endorsement at the next public policy meeting.

ii. In the event that such a policy submitted by the Board is not endorsed, the said policy shall not be enforced or implemented following its non-endorsement; however, any action taken in terms of the policy prior to such non-endorsement shall remain valid.

iii.

[...]

~°~



...again, i understand it as a mean to varying the

process...and i'm ok with it. If it's appropriately

used, it could be a useful legal tool, same as CPM

section 3.6.



Now, in this context of variation of an existant

PPD, which clearly define the lifecycle of a DPP,

the BoD consider that they can adopt something.

...the thing can simply not be a policy; but a DPP.

Are you getting me? again, a policy is a state of

a DPP which has been submitted to the PDWG,

get discussed during at least two weeks, get

presented and discussed during PPM, get the

decision of the PDWG's Chairs whether it reach

the rough consensus or back to the list. If rough

consensus is declared, it's sent to the list for a

last call, during at least two weeks. If the consensus remains after that, it appears that

the PDWG has *adopted* that DPP. Then a

ratification report is sent to BoD, by the PDWG's Chairs, for consideration. Usually, the BoD ratify,

but, exceptions occur. A ratified DPP becomes a

Policy, then has to be implemented no more than six months after...when implemented it joins the

other Policies into the CPM.



...i may be wrong, but those are the lines i have

followed to reach to that conclusion.



Hope this clarifies something.



Shalom,

--sb.







[...]







--
--

Best Regards !
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