[rpd] Can a Consensual Decision of the PDWG Violate the PDP? (was: Report from Recall Committee)

[Sylvain Baya]

{start a new thread from [1]}

Dear PDWG,

Hope you are safe and well!

<tl;dr>
This PDWG has violated its own PDP by reaching a consensus non
PDP-compliant. In fact, the actualités CPM (version 1.6) contains no
provision which could allow the PDWG to varying the process without at
least one PDWG's Chair in place.
<tl;dr>

...i first want to thank Jordi, for have right•ful•ly
decided to coordinate PDWG actions during
this post-recall PDWG's Chairs transition period.
He did well (because the PDP [2] implicitely
allows it, by leaving the howto question {see CPM
section 3.3 [3]} to the implementors), but, IMHO, Jordi
also failed to stick to only what was allowed
by the PDP [3]. This is were what Fernando
have tried to explain below is really relevant...i
can also refer to more than two emails where
Sunday is trying to enlightening that lack of PDP compliance.

Some observations or facts to consider:

~°~
•1| First, the final action made [4] on tuesday by Jordi,
on behalf of the PDWG is a good proof that if
appropriately conducted, the consensus-driven
mecanism can work very well in this AfriNIC's
PDWG.
•2| The PDP is *sufficiently* clear about the emergency
procedure to use when it comes to replacing
the PDWG's Chair(s) before the end of mandate(s).
•3| The PDP is also clear (see CPM section 3.6 [5])
about who from the PDWG can varying the process
(PDP) and in which kind of circonstances.
•4| This post-recall PDWG's Chairs time makes
an interesting precedent to study and without
at least one of its Chairs, the PDWG is leaved
with no mean to varying the process by itself...
•5| ...within the CPM (version 1.6) [6] even a
consensus reached by the PDWG during this
emergency time *MUST* be bond to the few
tasks allowed by the PDP (select the new PDWG's
Chairs; then continue to follow the PDP)...we
failed on it; then we are in violation to the actual PDP.
•6| Yes! by the PDP, this PDWG is allowed to do
only very few things without its Chairs. Doing
more than those things is a clear violation
of the PDP.
•7| AfriNIC's BoD has its prerogatives and we are
sure it shall act accordingly if we, PDWG, fail
to enforce our PDP. Therefore there is no need
to violate our own PDP to do something which
will be surely do soon by the BoD. That's doing
something of non incidence...
•8| With the new PDWG's Chairs in action, of course,
the fact that the PDWG can not actually varying
the process by itself (raise a problem) could
be consider and therefore handled by proposing
a DPP (Draft Policy Proposal) to change at least
it for example...
•9| Jordi has proved a good ability to conduct
the PDWG, he is therefore a proven-good candidate
as a replacement PDWG's Chair, for us, IMHO.
10| Let's back to the PDP to do the only task
we PDWG are allowed to do without our Chairs.
Sunday, please can you handle the process
to help the PDWG to enforce its PDP?
~°~

...i want to call the PDWG once more [7], to firmly
defend its PDP; because that is the most important
thing to do, IMHO, during these difficult times.

If you see things differently, i look forward
to reading you too! ;-)

Thanks & Blessed thursday!
__
[1]: <https://lists.afrinic.net/pipermail/rpd/thread.html#12428>
[2]: <https://afrinic.net/policy/manual#PDP>
[3]: <https://afrinic.net/policy/manual#PDWG>
[4]: <https://lists.afrinic.net/pipermail/rpd/012425.html>
[5]: <https://afrinic.net/policy/manual#Varying-Process>
[6]: <https://afrinic.net/cpm-1-6>
[7]: <https://lists.afrinic.net/pipermail/rpd/012358.html>

Shalom,
--sb.

Le mer. 17 févr. 2021 02:46, Fernando Frediani <fhfrediani at gmail.com> a
écrit :

Hello Gregoire

Well, the PDP makes it clear that is up to the WG to select the Co-Chairs,
no one else (point 3.3). It doesn't have a fallback mechanism or even a
point which allows the WG defer that decision to the Board.
This is different from when something is not mentioned at all and is
considered not covered by current rules.

So anything different from what is in the PDP right now is a change in the
PDP and a change in the PDP can only be done via the due process with rough
consensus when we have new Co-Chairs in place. Even if the WG would decide
unanimously right now to defer that decision it is something that cannot be
done at the present because the current PDP as written forbids it having it
clear the only way Co-Chairs can be chosen.

I keep hoping the Board will organize the elections soon and we will be
able to progress in this matter with the natural way which is the WG
choosing.
Hope also in the next change we have to adjust the PDP we can include the
possibility for the Board to be able to select temporary/interim Co-Chairs
during unforeseen situation and it is in other RIRs.

Regards
Fernando
[...]
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