[rpd] PDWG Co-Chairs Selection pursuant to Section 3.3 of CPM |

[Owen DeLong]

You’re still 100% wrong about that. AFRINIC is an organization that runs a registry. They are a corporation.
The corporation MUST act according to its bylaws and the bylaws give the board authority as described.
IF the board chooses to utilize that authority, there is no basis for the corporation to contravene it and the
only recourse is for the community to reject the action at a later time.

Doing so will not call into question the continued existence of AFRINIC, it will not be a crisis, it will
likely be unpopular and will likely be controversial, but eventually, the controversy will resolve and the
policy will either be ratified by the community or rejected by the community and we will return to some
new form of normal.

Owen



> On Apr 7, 2021, at 11:01 , Fernando Frediani <fhfrediani at gmail.com> wrote:

> 

> On 07/04/2021 14:43, JORDI PALET MARTINEZ via RPD wrote:

>> <clip>.

>> Board could ratify a proposal but if they don’t agree with it, considering the bylaws, they could also at the same time, approve a “contrary” policy, which will be in place immediately *until* it is endorsed by the community at the next meeting. If not endorsed, it will then be withdrawed.

> That part of bylaws means nothing to PDWG. If they would ever do that it would open a precedent that has the potential to question AfriNic internationally to continuing to existing and be recognized as a RIR.

> Bylaws is made by members-only and members-only are not allowed to determine unilaterally what the policies will be unless that is give to them by PDWG which has never happened.

> Therefore that part of the bylaws should be rejected, dismissed and ideally removed by the next General Assembly.

> 

> Fernando

> 

>>  

>> 

>>  

>>  

>> El 7/4/21 19:20, "Noah" <noah at neo.co.tz <mailto:noah at neo.co.tz>> escribió:

>>  

>>  

>> On Wed, Apr 7, 2021 at 7:48 PM JORDI PALET MARTINEZ via RPD <rpd at afrinic.net <mailto:rpd at afrinic.net>> wrote:

>> I need to disagree with you here.

>> Both proposals reached consensus. That’s a fact.

>>  

>> No Jordi the Resource Transfer Policy  with all its multiple versions, v.1 v.2, v.3 and I believe v.4 did not reach consensus due to lack of following the process.

>>  

>> I know you are obsessed with wanting to see an IPv4 Inter-RIR transfer policy in place within our AFRINIC service region but that has to only happen through a clear PDP process and with all valid objections addressed including the serious financial implication that AFRINIC staff indicated when tasks by its resource members not withstanding staff impact analysis. 

>>  

>>  

>> One of them is pending on an appeal, so the board need to wait for that to be resolved.

>>  

>> Yes and that is part of the process and the appeals state clearly why that specific proposal never achieved consensus and why it should be taken back to the WG for further discussion.

>>  

>>  

>> In any case, the board could return both proposals to the PDWG, if they have *strong* reasons to object to the ratification.

>> They could even decide that they ratify the proposal but also take a “contrary” proposal, which will take immediate effect, to be endorsed by the community in the next meeting, which can leave without effect the ratification.

>>  

>> I would not support such a rushed move by the AFRINIC board. If a proposal has issues, it's the role of the WG to fine tune it until the WG agrees that yes, now we have a proposal that the co-chairs can send to the board for consideration like we have done with so many proposals in the past.

>>  

>> Therefore, your piecemeal approach is very dangerous and we have taken some lessons from past mistakes as a WG that we can not afford to rush with piecemeal proposals just because folks can come back and fine tune the said policy. Why not the WG resolve all issues with the proposal before it can be sent for ratification. 

>>  

>> FWIW, Inter-RIR transfer proposals especially for our region ought to be treated with caution in light of all the fraud and we shall not blindly rush things here Jordi.

>>  

>> Cheers,

>> Noah 

>> 

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