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[rpd] PDP issues because the lack of the confirmation of dates for the new PPM

JORDI PALET MARTINEZ jordi.palet at consulintel.es
Thu May 7 15:59:24 UTC 2020


Hi chairs, all,



I fully know that each region is different, and I could understand that and on-line event is not possible because many folks couldn’t participate. I’m not asking for “enforcing it” at all.



But planning is the same for all of us. Planning ahead is just a matter of willingness. I also fully understand that not all the details can be agreed yet, but at least, in my opinion, it could be perfectly possible for the board to take a decision about:
If we can do an on-line meeting
If this could take place in the existing planed dates
Or otherwise, what other targets dates are on the table in case of 1/2 are not acceptable/possible


We need to respect the PDP, so we need to have in mind that from the perspective of the community (which include the authors).



Regarding your second point, I will like to understand what is the issue here, because I’ve read again the code of conduct and can’t find anything wrong in my email.



The behavior of the Appeal Committee, has been clearly discriminatory in my opinion and the opinions of other people in the list. Expressing that is a matter of freedom of expression, nothing else than that. If we can’t express our opinions and what things are wrong in a bottom-up approach, from the perspective of the PDP compliance, then we are not respecting the ICANN ICP-2, which is the one that sets the RIRs and allows us to work in a cooperative manner.



In a previous appeal, it looks like the Appeal Committee, didn't ask for the support for 3 people from the list, as they did in this case. This was exposed by someone else from the community, not the authors of the proposal.



Furthermore, the PDP clearly says:



"3.5 Conflict Resolution

A person who disagrees with the actions taken by the Chair(s) shall discuss the matter with the PDWG Chair(s) or with the PDWG. If the disagreement cannot be resolved in this way, the person may file an appeal with an Appeal Committee appointed by the AFRINIC Board of Directors. An appeal can only be filed if it is supported by three (3) persons from the Working Group who have participated in the discussions."



This means *anyone* from the WG, and *anyone* include the authors. Not allowing the authors to support the appeal, when there are several authors, it is a discrimination. It is not just my opinion, as I've checked with 3 different lawyers and they doubt that this can be legal in any country.



But even without needing to reach courts, it is clear that a committee *can't* modify what the PDP establishes. The PDP is our major law, and *only* can be modified or *restricted* by the PDP process itself. Only the *community* can decide that. *never* the board or any committee, can change or restrict what the PDP indicates.



Otherwise tomorrow, the board, other committees, can alter the PDP, at their own way. How then we want the community to respect the policies?



If you look at other RIRs that have appeal process or similar, none of them has this kind of discrimination.



Note that I don't really care about this proposal, it is a *general issue*, because they are acting according to a ToR (not sure if they did that or a previous committee, it doesn't really matter), so this may happen with any policy proposal appeal, not just this one.



Regards,

Jordi

@jordipalet







El 7/5/20 15:58, "ABDULKARIM AYOPO OLOYEDE" <oloyede.aa at unilorin.edu.ng> escribió:



Dear Jordi

You have raised some critical question for us all to think about I am sure you do not expect a stright forward response to your questions as you know Africa is different from Latin America in a lot of ways.

Secondly, in your last email, you used some words that are not acceptable. We (Co-chairs) are sure that you are aware of the code of conduct concerning the use of such statements on the PDWG making list or during the Policy meeting. Such statements are unacceptable, and this is a formal warning that you should refrain from the use of such words. We understand that you are not satisfied with the appeal, but there are ways in which this can be resolved. As far as we Co-chairs are concerned the ruling of the appeal committe means that our decision was upheld, meaning the policy proposal goes back to the discussion stage. This should not result in you using unacceptable language; rather, you should put your energy into convincing the community about the policy during the next Policy meeting.

Please be warned.

Thank you



Co-Chair

PDWG





On Tue, May 5, 2020 at 8:59 AM JORDI PALET MARTINEZ via RPD <rpd at afrinic.net> wrote:

Hi all,

Because the dates of the next Public Policy Meeting (PPM) are unknown, there is a problem with the PDP in several aspects:

1) Deadlines for new policy proposals are unknown.
2) Deadlines for new versions of existing policy proposals are unknown.
3) Co-chair elections timing is unknown.

Further to that, the lack of response on the board and the co-chairs, regarding the criminal appeal comitte agression to the PDP discriminating authors of proposals by not allowing them to be part of the community for an appeal as indicated in 3.5.1 of the CPM, also creates an additional trouble. We are in a limbo state with this proposal. Should we accept the aggression to the PDP and send the existing text again? On what timing basis? Should we ask the co-chairs to make sure that the PDP is respected? Should the board take an action on that?

It is a must to know *NOW* (already too close to the 4 weeks deadline) if we are going to hold a on-line PPM in the same dates as originally scheduled, or what is the new date, or if we will just have one meeting this year, with the same dates as already scheduled?

The Covid-19 is affecting everyone, and it is very sad, but most of our work is done ir can be done remotelly. There are no excuses to avoid continuing doing our work, but we need to get an *urgent* confirmation from the co-chairs and board about all the matters I've indicated above.

As a side note, all the other RIRs (and the IETF and ICANN already did) are doing the meetings on-line. In fact, today we have the equivalent to the PPM for LACNIC. The only issue is a reduced agenda, so only 3 policy proposals are being discussed, and still there will be consensus determination for them.

By the way if you're interested to participate in the LACNIC, there is simultaneous english/portuguess/spanish transcription and anyone can participate: https://www.lacnic.net/4191/56/evento/welcome-to-lacnic-33-online. The agenda of the PPM is here: https://www.lacnic.net/4487/56/evento/open-policy-forum.


Regards,
Jordi
@jordipalet





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