[rpd] Clarifying a few points

[JORDI PALET MARTINEZ]

Hi SM,

I'm going to try to "guess" what you mean, and further clarify my own email, but because I'm not sure about what you mean, I may be confused with my own responses ...

See below, in-line as [Jordi] in your original email.

Regards,
Jordi
@jordipalet
 
 

El 14/12/20 23:17, "JORDI PALET MARTINEZ via RPD" <rpd at afrinic.net> escribió:

    Hi SM,

    I totally fail to understand each of your points from your email and the referenced documents in your email.

    Could you put that in context or explain them a little bit better?

    Regarding the last one (5), it is clear to everybody that AFRINIC *business practices and procedures* are out of the scope of the PDP. EXACTLY the same as AFRINIC (as an organization) decisions when affect the PDP *must* follow the PDP itself. That means that the Board can't use *any other mean* to modify the PDP than the PDP itself.

    You can't "invent" a ToR if it is affecting the PDP interpretation and call it ToR or procedure or addenda, or whatever you want. Changing the name doesn't authorize it. Anything that is, in some way, modifying, expanding, interpreting, restricting, enhancing, etc., etc., etc., the PDP, MUST BE a policy proposal, and consequently follow the PDP and become an integral part of the CPM.

    Never mind if you ask for a "vote" or "community review" in the list, *it must be a policy proposal and follow the PDP*. The PDP doesn't provide *any other mean than following the PDP itself*.

    This is also stated in the bylaws. Even for an emergency policy, which by the bylaws is only authorized for Internet resources management (not the PDP itself), it must be endorsed by the community as a policy, in the next meeting.

    Regards,
    Jordi
    @jordipalet



    El 14/12/20 20:46, "S. Moonesamy" <sm+af at afrinic.net> escribió:

        Dear Policy Development Working Group,

        I would like to clarify a few points related to the recent discussions.

           1. I did not receive any email requesting the Board to ratify a policy
              proposal(s).

[Jordi] Do you mean that the chairs haven't requested the Board to ratify the policies? I don't know how this has been done before, but my reading of:
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.

Is that when the chairs declared consensus, after the last call, they have sent it to the board, I guess via the policy officer, etc. Can you clarify if that didn't happen? Is this a chairs lack of action or staff mistake or delay in some way?

           2. AFRINIC is accountable to its membership and bound by the laws of
              the jurisdiction in which it operates.

[Jordi] You said it, membership, not community - The community is a global one, not bound by the laws of Mauritius. AFRINIC is responsible for the correct handling of the resources according to policies, not responsible for amending the PDP in other aspects, unless is done following the PDP itself.

           3. There is an agreement for global policy development [2].  At the
              regional level, there is a policy development process.  I read
              the version [3] which was discussed on this mailing list as a
              refresher.

[Jordi] I fail to see the relation of the global policy development process here. Could you explain it?

[Jordi] Same with the link [3], is not that the actual PDP? I only can read it from the CPM, not in a different place.

           4. I noticed a mistake in a "terms of reference" yesterday.  I would
              not have caught it if I only read the emails sent to this mailing
              list.

[Jordi] Can you explain what mistake you are referring to? May be is the same or related to my complain about section 5 ...

           5. Did the Policy Development Working Group take the following sentence
              sentence into consideration:

                [AFRINIC] "General business practices and procedures are
                not within the purview of the Policy Development Process."

             If so, what is the reasoning for its decision?

[Jordi] You didn't explain this yet. As I've already justified, I could agree that because the PDP empowers the Board to appoint the Appeal Committee, it may be acceptable sections 1-4 of the ToR as an "internal" Board decision. Fine if you share and consult with the community, of course, transparency and more eyes looking at any document much better. But section 5 is NOT at all related to General business practices of procedures, because *that* is defined by the PDP and if *further* clarification is needed, then the PDP should be followed to update it.

        Regards,
        S. Moonesamy

        1. https://lists.afrinic.net/pipermail/rpd/2013/003105.html

[Jordi] What is the meaning of this archived email from 2013 with this conversation?

        2. 
        https://aso.icann.org/wp-content/uploads/2019/11/ASO-MoU-Executed-Nov-7-2019.pdf
        3. http://r.elandsys.com/r/97973

        Board Chair, AFRINIC 


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