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[rpd] Community Feedback

Jaco Kroon jaco at uls.co.za
Thu Dec 3 12:51:25 UTC 2020


Hi Lucilla,

1.  I personally never asked any author to withdraw anything.
2.  I believe the current wording is perfectly clear; as such:
3.  Could you please clarify - by way of reference to the CPM text -
clarify what doubts (uncertainty, ambiguity) do you read in the text as
it's written?

4.  I did state my support that I don't see an emergency here and that
both the proposal and the recall process should follow the existing
established processes.

Kind Regards,
Jaco

On 2020/12/03 14:07, lucilla fornaro wrote:
> Dear Jaco,
>
> considering the contest, clearly, we are not facing any of the
> emergencies you mentioned.  Remaining closer to the purpose of the
> discussion, the current recall process opens the door to several
> doubts. The incompletion of the call request section is already
> creating issues and can potentially create unfair situations that in
> the interest of the community we should try to avoid and fix in
> advance. The proposal can help us and there are no reasons to ask the
> author to withdraw it.
>
> Regards,
>
> Lucilla
>
> Il giorno gio 3 dic 2020 alle ore 06:16 Jaco Kroon <jaco at uls.co.za
> <mailto:jaco at uls.co.za>> ha scritto:
>
>     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.
>>>             >
>>>             > _______________________________________________
>>>             > RPD mailing list
>>>             > 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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>>>             <https://lists.afrinic.net/mailman/listinfo/rpd>
>>>
>>>
>>>
>>>         -- 
>>>         *Ogundele Olumuyiwa Caleb*
>>>         /*muyiwacaleb at gmail.com <mailto:muyiwacaleb at gmail.com>*/
>>>         /*234 - 8077377378*/
>>>         /*234 - 07030777969*/
>>>         _______________________________________________
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>>>         https://lists.afrinic.net/mailman/listinfo/rpd
>>>         <https://lists.afrinic.net/mailman/listinfo/rpd>
>>
>>         _______________________________________________
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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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>
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