[rpd] clarify? - (Fwd) Adhoc Appeal Committee appointment

[Sylvain Baya]

{remove the members ML}
Dear PDWG,

Le mar. 9 mars 2021 19:01, Dr Paulos Nyirenda <paulos at sdnp.org.mw> a écrit :


> Board Chair, AFRINIC,

>

> [...]

>

> Or is it to fill a vacancy on the Appeal Committee ?

>

> Has the Board met the minimum requirements to do so ?

>

> Regards,

>

> Paulos

> ===================

> [...]

>

> On 8 Mar 2021 at 23:35, chair at afrinic.net wrote:

>

> > Dear Dr Nyirenda,

> >

> > Thank you for your email.

> >

> > The following sentence was the consensus of the "RPD" group at the

> > time when the current Public Development Process (PDP) was ratified as

> > a policy: "If the disagreement cannot be resolved in this way, the

> > person may file an appeal with an Appeal Committee appointed by the

> > AfriNIC Board of Directors."  A reasonable application of that

> > sentence, in my opinion, would entail interpreting it while taking

> > into consideration the fact that the current PDP was intended to

> > provide the flexibility to adapt to a variety of circumstances that

> > can occur in a process.

> >

> > In 2017, the Board approved a Resolution as follows:

> >

>


...i found this URI

<https://afrinic.net/board/meeting/2017#r366>

~°~

Resolution 201708.366

"WHEREAS section 3.5 of the Consolidated Policy Manual (
https://afrinic.net/policy/manual#Conflict-Resolutions) requires an Appeal
Committee to be appointed by the Board;

WHEREAS terms of reference for an AFRINIC Policy Development Appeal
Committee have been drafted;

RESOLVED to publish the draft terms of reference dated 18 July 2017 for a
period of 30 days for comments from the community;

WHEREAS the possibility exists that an appeal may be made before the end of
the comment period;

RESOLVED to establish an interim Appeal Committee as described in the draft
without delay.”
~°~

No mention of "permanent" only *interim* :-/

...then this one too
<https://afrinic.net/board/meeting/2017#r378>

~°~

Resolution 201711.378

WHEREAS in terms of Board resolution 201708.366, draft terms of reference
for an AFRINIC Policy Development Appeal Committee were published for
comment;

WHEREAS the Board has taken the comments into consideration and revised the
terms of reference;

RESOLVE to approve the updated Terms of Reference dated 2 November 2017 for
the Policy Development Appeal Committee;

RESOLVED that the first appointment of the Standing Committee will be
during the AGMM in 2018.
~°~

...and these last ones

<https://afrinic.net/board/meeting/2017#r384>
<https://afrinic.net/board/meeting/2017#r385>

~°~

Resolution 201712.384

Whereas the Board intended to appoint a permanent PDWG appeal committee by
June 2018 in accordance with the published appeal TOR,

Whereas there is the possibility of an appeal of the ruling of the
PGWG co-Chairs in the nearest future,

Resolved to appoint an interim PDWG Appeal Committee, made up of:

   1. Adam Nelson
   2. Paulos Nyirenda
   3. Wafa Dhamani
   4. [REDACTED]
   5. Lala Andrianamamplanina

to hear any appeal that may be filed until the permanent appeal committee
is appointed.



Resolution 201712.385

WHEREAS the Board appointed an Interim Appeal Committee as per resolution
on Friday 8 December 2017.

WHEREAS a member of the committee is not able to accept the appointment.

Resolved to appoint an interim PDWG Appeal Committee, made up of:

   1. Adam Nelson
   2. Paulos Nyirenda
   3. Wafa Dhamani
   4. Ayitey Bulley
   5. Lala Andrianamamplanina

~°~

...finaly, Resolution 201712.384 comes with "permanent"



>    "Whereas the Board intended to appoint a permanent PDWG appeal

> > committee by June 2018 in accordance with the published appeal TOR,

> >

>


Hi SM,
Could you, please, clarify the today intention of
the BoD?
...in other words: is it your plan to appoint a
"permanent" PDWG AC?



>    Whereas there is the possibility of an appeal of the ruling of the

> > PGWG co-Chairs in the nearest future,

> >

> >    Resolved to appoint an interim PDWG Appeal Committee, made up of:

> >      Adam Nelson

> >      Paulos Nyirenda

> >      Wafa Dhamani

> >     [REDACTED]

> >     Lala Andrianamamplanina"

> >

> >    to hear any appeal that may be filed until the permanent appeal

> > committee is appointed."

> >

>



Thanks.

Shalom,
--sb.



> There wasn't any concern about whether the meaning of "Appeal

> > Committee" in the current PDP should be construed as allowing an

> > interim Board committee to be appointed by the Board of Directors.

> >

> > [...]

> >

> > I don't see how "a well founded acceptable committee" is related to

> > the task of an Appeal Committee being "very heavy" or "very

> > demanding".  Is it about the workload of the Committee?  If that is

> > the case, I don't have any information about that as the Board did not

> > receive any feedback about workload.

> >

> > Regards,

> > S. Moonesamy

> >

> > Board Chair, AFRINIC

>

> [..]




-- 
--
Best Regards !
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