[rpd] Statement from Legal Counsel

[Fernando Frediani]

Just want to call Appeal Committee attention on this tentative to avoid 
an appeal follow its course with a justification that doesn't apply at all.

On 17/12/2020 12:52, ABDULKARIM OLOYEDE wrote:

> <clip>

>

> *2.*We wish to clarify that we have already retracted our initial 

> consensus (made on 21^st September 2020) in regards to the resource 

> transfer policy which the appeal is against. We then gave an ample 

> time of 3 weeks for the community to discuss the matter. Consequently, 

> the current appeal based on passing the last call’s initial decision 

> (made on 21^st September 2020) should be voidas it is invalid. 

> Whereas, as for the new decision made on 16^th November 2020, we wish 

> to clarify that to the best of our knowledge no appeal has been 

> requested and the appeal timeframe of 2 weeks have duly elapsed. 

> Therefore, it should be strongly noted that our new decision has not 

> been challenged. We also gave enough notice for discussion of the 

> final draft  that was posted on the making list before we arrived at a 

> decision.

>

You wish !
That's all you have ?

The final decision (last-call confirmation) made on 07th October 2020 
(https://lists.afrinic.net/pipermail/rpd/2020/011630.html) was appealed 
on 15th October 2020 therefore within the timeframe.
CPM 3.5.1 says "/A person who disagrees with the //*actions taken*//by 
the Chair(s) ... may file an appeal/".

Any decision can be appealed, regardless if other decisions were taken 
afterwards. Don't try to avoid Appeal Committee analysis with the 
confusion that happened afterwards even if it was supposedly "to give it 
more time to discuss".

Fernando



>

> On Thu, Dec 17, 2020 at 3:33 AM Gregoire EHOUMI via RPD 

> <rpd at afrinic.net <mailto:rpd at afrinic.net>> wrote:

>

>     Bottom-up self-governance structure for setting local policies

>

>     Jordi,

>

>>     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

>>

>     ####################

>

>     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/

>     <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/

>     <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

>

>     ####################

>

>>     @jordipalet

>>

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

>>     <mailto:sfolayan at skannet.com>> escribió:

>>

>>     Dear Legal Counsel,

>>

>>     Dear Board Chair,

>>

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

>>     email.

>>

>>     Clearly, the CPM states:

>>

>

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>

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