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[rpd] Community Feedback
Jaco Kroon
jaco at uls.co.za
Wed Dec 2 20:54:43 UTC 2020
Hi Lucilla,
Please clarify the emergency here? Will a war break out if this policy
doesn't get changed sooner than the normal process? Will someone die?
What's the emergency here?
Kind Regards,
Jaco
On 2020/12/02 15:22, lucilla fornaro wrote:
> Dear Community,
>
> Section 3.6 of the CPM says: “The process outlined in this document
> may vary in the case of an emergency. Variance is for use when a
> one-time waiving of some provision of this document is required”.
> The author should not withdraw this important proposal for two
> reasons: firstly, it is valuable, and secondly, if not approved it
> will automatically expire.
> I believe this is exactly the moment for the chairs to change the
> process of the PDP, considering that we do find in the case of an
> emergency.
>
>
> Regards Lucilla
>
> Il giorno mer 2 dic 2020 alle ore 21:48 Ibeanusi Elvis
> <ibeanusielvis at gmail.com <mailto:ibeanusielvis at gmail.com>> ha scritto:
>
> Dear community,
>
> Adding to the ongoing discussion on this mailing list, besides the
> fact that this Request to Recall the PDWG Co-Chairs is based on
> personal grievances with the co-chairs and emotions, I don’t see a
> form of fast tracking this ongoing recall process and like the
> co-chairs stated, the so-called "promotion or fast-track” is of no
> benefit to them. They (the co-chairs) just performed their
> administrative function and in the principle of fairness,
> openness, and transparency, brought it forward to the RPD
> community for discussion. Likewise, the personal attack needs to
> stop, saying that the co-chairs are imitating the behavior of an
> “AFRICAN DICTATOR” whom wants to do everything they can to stay in
> power including adjusting the country’s constitution went too far
> and very disrespectful and an insult to their integrity and
> personality. Also, a disregard to the long hours and dedication
> that they have put into the service of this AFRINIC organization.
>
> Similarly, proposing a withdrawal of a draft policy proposal is
> not functional as the CPM 3.4.1 elucidates that first, "During the
> development of policy, draft versions of the document are made
> available for review and comment by publishing them on the AFRINIC
> website and posting them to the rpd at afrinic.net
> <mailto:rpd at afrinic.net> mailing list.” which is currently
> happening. Also, the same CPM 3.4.1 states that "A draft policy
> expires after one calendar year unless it is approved by the
> AFRINIC Board of Directors as a policy. Hence, the idea of
> suggesting a withdrawal should end as well as the personal
> attacks. If you have an personal issues or grievances with the
> co-chairs, find a way to settle it with them.
>
> Regards,
> Elvis.
>>
>> I'm a stickler to rules and procedures and not interested or have
>> a vested interest. Therefore consider my notes below as advisory
>> to guide your decision as I do not want to argue for it against.
>>
>> Aside from providing a context you have given in your
>> earlier email, I must call your attention to this Latin word
>> *“no one should be a judge in their own cause”*. It is one of the
>> cardinal rules of natural justice that no one should act as a
>> judge a case in which they have a personal (vested) interest.
>>
>>
>> Secondly, I wish to refer you to section 3.41. and 3.4.2. of the
>> CPM as posted below before you invoke sections 3.6 which has lots
>> of ambiguity which I have noted in my several correspondence on
>> this mailing list. There is legal standing of a section of a law
>> or CMP needs to stand as procedures.
>>
>> Let me try to clarify with a little LAW 101 classroom explanation
>> based on the principle of antecedent law. This simply means *the
>> Nature and Evolution of the Rules of Procedure and Evidence. is a
>> doctrine of interpretation where a court interprets a qualifying
>> clause to refer to the immediately preceding words or phrases.*
>> In the light of the above, you must first satisfy the following
>> in this order BEFORE YOU MAKE ANY CONCENSUS DECISION :
>>
>> 1: Publish on the website which has not been done or referred to
>> in your email (See CMP section 3.4.1 for advice as seen below)
>> 2. The draft policy shall be available for review for at least
>> four weeks before the next Public Policy Meeting.
>> 3: */CONDITIONAL Statement but best practice before any meeting
>> or consensus decision is made: /*The Working Group Chair(s) may
>> request AFRINIC to provide an analysis (technical, financial,
>> legal or other), of the impact of the draft policy proposal.
>> 4. Each policy proposals must be place on an agenda for a PUBLIC
>> MEETING. (This section must be satisfied before you proceed to
>> interpret section 3.6)
>> 5. The agenda of the meeting shall be announced on the Resource
>> Policy Discussion mailing list at least two weeks prior to the
>> meeting. (Are we having another PPM before the end of this year?)
>>
>> Please note that my comments are observations and advisory to
>> enrich out understanding of the CPM and it's interpretation.
>>
>> Regards
>>
>> Caleb Ogundele
>>
>>
>>
>> Extract of CPM Referenced
>> =============================================================================
>>
>>
>> 3.4.1 Draft Policy Proposal
>>
>> During the development of policy, draft versions of the document
>> are made available for review and comment by publishing them on
>> the AFRINIC website and posting them to the rpd at afrinic.net
>> <mailto:rpd at afrinic.net> mailing list. Each draft policy is
>> assigned a unique identifier by AFRINIC and the AFRINIC website
>> shall also contain the version history and the status of all
>> proposals.
>>
>> The draft policy shall be available for review for at least four
>> weeks before the next Public Policy Meeting. The author(s) shall
>> make the necessary changes to the draft policy according to the
>> feedback received. The Working Group Chair(s) may request AFRINIC
>> to provide an analysis (technical, financial, legal or other), of
>> the impact of the draft policy proposal.
>>
>>
>>
>> 3.4.2 Public Policy Meeting
>>
>> The draft policy is placed on the agenda of an open public policy
>> meeting. The agenda of the meeting shall be announced on the
>> Resource Policy Discussion mailing list at least two weeks prior
>> to the meeting. No change can be made to a draft policy within
>> one week of the meeting. This is so that a stable version of the
>> draft policy can be considered at the meeting.
>>
>>
>> On Wed, Dec 2, 2020 at 10:51 AM Murungi Daniel
>> <dmurungi at wia.co.tz <mailto:dmurungi at wia.co.tz>> wrote:
>>
>> +1
>>
>>
>> > On Dec 2, 2020, at 11:47 AM, Nishal Goburdhan
>> <nishal at controlfreak.co.za
>> <mailto:nishal at controlfreak.co.za>> wrote:
>> >
>> > On 2 Dec 2020, at 6:29, ABDULKARIM OLOYEDE wrote:
>> >
>> >> Dear PDWG Members,
>> >> We want to acknowledge the proposal on Co-Chair Recall process
>> >
>> > please pause.
>> >
>> > consider that you are asking this WG if they want to fast
>> track a proposal that you (the co-chairs and policy officer)
>> have neither:
>> > #1 - disclosed to this working group; sorry, but some
>> random gmail account posting a proprietary binary to this
>> list, is *NOT* a policy submission. those of us that do not
>> open attachments from random strangers are waiting for the
>> text version to be posted to this list (as is the norm)
>> >
>> > #2 - given an identifier to yet
>> >
>> > without even knowing the contents of the PDF, there are
>> procedural steps involved in submission that you have not yet
>> completed. it’s entirely unclear to me how you expect people
>> to assess the value of this proposal when they have not yet
>> had a chance to read it. and without assessing this value,
>> it’s inconceivable that you would even consider fast tracking
>> this.
>> >
>> > please, stick to the process.
>> >
>> > —n.
>> >
>> > _______________________________________________
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>> > RPD at afrinic.net <mailto:RPD at afrinic.net>
>> > https://lists.afrinic.net/mailman/listinfo/rpd
>> <https://lists.afrinic.net/mailman/listinfo/rpd>
>>
>>
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>>
>>
>>
>> --
>> *Ogundele Olumuyiwa Caleb*
>> /*muyiwacaleb at gmail.com <mailto:muyiwacaleb at gmail.com>*/
>> /*234 - 8077377378*/
>> /*234 - 07030777969*/
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