[Community-Discuss] Interim order of June 14th 2022

Paul Hjul hjul.paul at gmail.com
Mon Jun 20 07:58:25 UTC 2022

// cutting just to the crux


Hi Paul,

Thanks for your email, brother.

...while reading your numerous long emails, i still

 don't understand why you seem to essentially

behaving in support of a rioting activity started against both this RIR &

the whole INRS (Internet

Numbers Registry System - RFC7020).

Hi Sylvain

I think there is a simple element of the situation which you aren't taking
proper cognizance of which is that the rioters are not those members who
are angry and have resorted to litigation but rather it is the individuals
who are egging the organization on to behave lawlessly. My position is
always "Afrinic's problems arise because Afrinic doesn't follow its own
rules". Therefore even if I were fully supportive of the operation of the
INRS I would still be taking the position that Afrinic's lawlessness is a
problem. There are problems with RFC7020 and with the NRO system as it
currently is honestly so much of the problem comes from conflating
organizations and roles in an unhealthy manner and I know we can't go back
to 1998.

So for example if you look back in this and the members mailing list you'll
notice that I broached the fact that the injunction on holding the election
I asked for an SGMM. In the discussion I made it clear that despite some
areas where I felt the NRS is overreaching - and being too partisan for my
liking - I would sign it and would sign on to any appropriate petition to
call for an SGMM that could make the requisite 5% mark. The clock here is
important because after the AGMM the board doesn't have 5 members, it has
3. It has insufficient members to operate an ordinary Board meeting (the
by-laws appear to allow for a reduced quorum but there are major caveats to
that), it doesn't have sufficient members to operate various committees -
your audit committee can't be chaired by the CEO or char of the board so
only the third member of the board can hold it but then you've got other
committees and well you've run out of board members who aren't already
executive or chairing in conflict. All of this can only be solved through
the court or through an SGMM.  The problem could have been avoided if the
AGMM agenda had a resolution to deal with the lapsing of board but members
where refused the opportunity to rectify the agenda.

Quite simply the minute the then Board put Noah onto the nominations
committee it was clear that the committee was going to behave improperly.
As soon as an injuction was granted the then Board knew that they would be
walking into a problem and a postponement or calling of an SGMM was the
logical choice. As issues were fleshed out it was clear that a special
adoption of an amended agenda was needed. I pushed for this to be done. The
organization could have held a perfectly functioning AGMM whereat consensus
building and a path forward could have been devised followed by an SGMM to
adopt financial statements. None of this was done. As I see it that is
wholly a failure of the organization to respect its membership.

I specifically travelled to Johannesburg to attend an Afrinic engagement.
It was a great opportunity to build on work towards getting the
organization on track, but it also showed the stark disconnect between the
then Board and the organization at large.

The "rioting" activity you speak of is internal to Afrinic. Remember I have
repeatedly pushed for an ADR settlement and for dispute resolution
mechanisms to be built into the RSA. I really like your use of the term
"rioting" here though because its a subject I've actually done some work on
and the major cause of riots is a situation in which rioting is felt by
potential participants as the most or only viable course. To reduce the
likelihood of a riot you build institutional mechanisms - which is exactly
what I always argue for.

But this is Afrinics problem, the organization faced with a challenge will
rather dig in its heels and spends thousands on litigation and will ignore
proper legal advice. I have no doubt that Afrinic's successive boards have
been presented with settlement offers and with opportunities to resolve the
litigation in a less adversarial manner. From where I am sitting the only
reason why litigation has not been resolved is because Afrinic refuse act
in good faith.
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