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

[Fernando Frediani]

Owen, unfortunately you are still missing the point and keep repeating 
the something again and again in what look a hope to defend the suppose 
right of the RIR to edit policies unilaterally ignoring the empowered 
community if they wish so just because it is written in the bylaws.

Look, I never denied that as a corporation registered in Mauritius 
AfriNic may do what whatever the bylaws allow them to do. However as a 
RIR they CAN NOT.
For being and remaining to be a RIR goes much beyond any corporate 
bylaws and stick to rules that go beyond a corporate bylaw. If they dare 
to do that they will be usurping prerogatives that don't belong to them 
as a RIR (look I said *as a RIR*), that must stick to principles that 
are above the constitution of a corporation in Mauritius or any other 
country RIRs are registered.

If that ever happens IT IS indeed that case for empowered community to 
question the recognition of that corporation as a recognized RIR 
everywhere is due. The corporation may continue existing as a registered 
corporation in the country but other Internet related organizations may 
stop to recognize it as a RIR if it goes against and ignore the 
empowered community by doing such an act which they, are a RIR, don't 
have the right to do.

Please try to understand the difference between the 2 things before you 
reply saying I am wrong.

Fernando

On 08/04/2021 20:40, Owen DeLong wrote:

> 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 

>> <mailto:fhfrediani at gmail.com>> wrote:

>>

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

>>> <clip>.

>>>

>>>  1. 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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