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

Fri Apr 9 01:33:19 UTC 2021

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
>>>
>>> **********************************************
>>> IPv4 is over
>>> Are you ready for the new Internet ?
>>> http://www.theipv6company.com
>>> The IPv6 Company
>>>
>>> This electronic message contains information which may be privileged 
>>> or confidential. The information is intended to be for the exclusive 
>>> use of the individual(s) named above and further non-explicilty 
>>> authorized disclosure, copying, distribution or use of the contents 
>>> of this information, even if partially, including attached files, is 
>>> strictly prohibited and will be considered a criminal offense. If 
>>> you are not the intended recipient be aware that any disclosure, 
>>> copying, distribution or use of the contents of this information, 
>>> even if partially, including attached files, is strictly prohibited, 
>>> will be considered a criminal offense, so you must reply to the 
>>> original sender to inform about this communication and delete it.
>>>
>>>
>>> _______________________________________________
>>> RPD mailing list
>>> RPD at afrinic.net
>>> https://lists.afrinic.net/mailman/listinfo/rpd
>> _______________________________________________
>> RPD mailing list
>> RPD at afrinic.net <mailto:RPD at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/rpd 
>> <https://lists.afrinic.net/mailman/listinfo/rpd>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/rpd/attachments/20210408/9734cd61/attachment.html>