[rpd] Statement from Legal Counsel

[Gregoire EHOUMI]

Bottom-up self-governance structure for setting local policies

Jordi,


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> What this policy is about, is to *allow* the bylaws to be correct and not need to modify them, otherwise, the bylaws are enforcing a breach of the PDP, which should be brought to ICANN, as it constitutes an ICP-2 breach. 

>  

> Regards,

> Jordi

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Which principles of the ICP-2 is been breached?

Let us not go into individual and personal interpretation of important aspects of the governance of AFRINIC simply because we had some issue with some element of the ecosystem. 

The ICP-2 principle 3 imposes clearly that the procedures for the development of resource management policies must be open and transparent, be accessible to all interested parties, and ensure fair representation of all constituencies within the region.

The model of governance set a framework within which each sub-group operates and exercise its powers.

The RIR's did an accountability assessment recently. See below link.

https://www.nro.net/accountability/rir-accountability/regional-internet-registry-accountability-assessment-reports/

Also a governance matrix can be seen in the below link as well.

https://www.nro.net/accountability/rir-accountability/rir-governance-matrix/

Let us not rush into destabilizing the system by trying to fix problems not clearly identified and in an uncontrolled manner.

—Gregoire

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> @jordipalet

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> El 15/12/20 17:27, "Sunday Folayan" <sfolayan at skannet.com <mailto:sfolayan at skannet.com>> escribió:

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> Dear Legal Counsel,

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> Dear Board Chair,

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> Permit me to make the following comments on the Legal Counsel's email. 

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> Clearly, the CPM states:

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