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

[JORDI PALET MARTINEZ]

I think the base of the problem is understanding that registry (AFRINIC organization) and community (PDWG) are different things and that the community *choose* that the registry is the organization offering the support to the community.

 

The community is the one that has the power on the policy development. The registry *must* follow the community wishes, but at the same time it must protect the membership.

 

However, if the community decides that the organization is not being useful anymore or acting against the community, it can decide to find and alternative organization.

 

Yes, it will be a very bad situation, and not an easy path, but a possible one.

 

To avoid that, it is better that the community provides explicit permission to AFRINIC for certain aspects that today are miswritten in the bylaws and not made explicit in the PDP.

 

For example, the bylaws talk about urgent policies for resources, but the PDP don’t explicitly say that, so the bylaws attributed to the organization something that the community MUST authorize.

 

I also agree that the organization has legal power for things that a non-legal organization such the community could not resolve, and I think is good that the community explicitly provides the organization certain additional attributions.

 

 

Regards,

Jordi

@jordipalet

 

 

 

El 9/4/21 3:42, "Fernando Frediani" <fhfrediani at gmail.com> escribió:

 

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> 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> escribió:

 

 

On Wed, Apr 7, 2021 at 7:48 PM JORDI PALET MARTINEZ via RPD <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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