[rpd] Appeal Committee Terms of Reference (Version 1)

[Owen DeLong]

> On Aug 2, 2017, at 03:25 , ALAIN AINA <aalain at trstech.net> wrote:
> 
> Dear Mr Chairman of the Board,
> 
> I thank the board for this proposal to setup an appeal committee to fill this old gap.
> 
> It shall be simple and straightforward for the board to fulfil this role directly or through a sub-committee. 
> 
> The board is involved in policy process. 

Well, actually, not necessarily (outside of their role ratifying proposed policies which gain consensus in the community).

Nothing below requires the board to be involved except for PDP 3.4.4 (as noted in my previous sentence). Everything else in your bylaw quotes below creates an OPTION for the board to take action should the board deem it necessary. This should only occur in extreme circumstances where the community has failed to account for dangers to AfriNIC in a proposed policy or where immediate action is required by their fiduciary responsibilities to the organization which would preclude use of the normal processes.

These are broad discretionary powers granted to the board and I am grateful that the board has not abused them and hope the board will continue to exercise extreme discretion in the use of these powers going forward.

Owen

> 
> Section 15.3(*) of the bylaws entitles  board to determine  the guidelines for the allocation of address space to members in line with the member driven Policy Development Process.
> 
> Section 11.4(*) of the same bylaws allows board to adopt policies for the management of Internet Number resources when necessary and urgent.
> 
> Furthermore,
> 
> The current PDP in its section 3.4.4(**), requires board approval for policy proposals which reach consensus before implementation. 
> 
> Board decision to approve and reject a proposal is mainly about making sure the PDP has been followed as it shall be. Board  decision  here is not appealable. 
> 
> The board is deeply involved in the policy development and is in good position to fulfill this role of the appeal committee which is about  processes, and this, at least until we conclude PDP-BIS  discussions.
> 
> But in case, the board persist in considering a external committee, i call the board to appoint people from the AFRINIC Community.
> 
> Hope this helps
> 
> —Alain
> 
> ###########
> (*)
> Bylaws
> ======
> 
> 11.4 Notwithstanding, the provisions of Article 11.2 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.
> 
> 
> 15.3 Without prejudice to the generality of Articles 15.1 and 15.2 above, the Directors shall be entitled to:
> 
> (i) determine the guidelines for the allocation of address space to members in line with the member driven Policy Development Process;
> 
> (ii) consider broad Internet policy issues in order to ensure that the policies and strategies of the Company fully respond to the changing Internet environment;
> 
> (**)
> PDP
> ====
> 
> 3.4.4 Approval
> 
> The Working Group Chair(s) shall recommend the draft policy to the AFRINIC Board of Directors for approval if it has the consensus of the Policy Development Working Group. The recommendation shall include a report  of the discussions of the draft policy and feedback from the Last Call. The draft policy shall be ratified by the AFRINIC Board of Directors.
> 
> ###########
> 
> 
> 
>> On 19 Jul 2017, at 12:51, Sunday Folayan <sfolayan at gmail.com> wrote:
>> 
>> Dear PDWG,
>> 
>> The AFRINIC Board of Directors intends to establish an Appeal Committee to give effect to the requirements in section 3.5 of the Consolidated Policy Manual (that is, the Conflict resolution portion of the Policy Development Process).
>> 
>> The Appeal Committee Terms of Reference (version 1) is published at https://afrinic.net/en/community/working-groups/policy-appeal
>> 
>> The Board calls for comments on the Terms of Reference for a 30 day period, ending on 19 August 2017. Comments may be sent to the RPD mailing list <rpd at afrinic.net>.
>> 
>> The Board intends to appoint an interim Appeal Committee without delay, to cater for the possibility that an appeal might be filed before the comments on the Terms of reference can be taken into account. We seek the cooperation of the community in this regard.
>> 
>> Sunday Folayan
>> Chair of the AFRINIC Board of Directors
>> 
>> 
>> _______________________________________________
>> RPD mailing list
>> RPD at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/rpd
> 
> 
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