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[rpd] APPEAL AGAINST THE CONFIRMATION OF CONSENSUS DECLARED BY THE POLICY LIAISON TEAM AND THE BOARD ON THE SELECTION OF PDWG CO-CHAIRS

Mark Elkins mje at posix.co.za
Fri Apr 23 16:45:37 UTC 2021


What an excellent idea! Meet the faces behind the emails 😁

On 4/23/21 6:32 PM, Noah wrote:
> Hi Eddy and Chair
>
> Can AfriNIC perhaps through the Stakeholder Engagement department 
> increase its efforts on running quartely webinars for new members of 
> our community. I have been reading emails in recent weeks from folks 
> who I believe to be new members of the PDWG who could do with some 
> capacity building.
>
> This will go on to reduce the level of ignorance among the new members 
> of the community especially around the Policy Development Process.
>
> Some sort of orientation program similar to the one AfriNIC provides 
> to its fellows each year who attended physical meetings but instead 
> run it remotely via webinars.
>
> In my humble opinion.
>
> Noah
>
> On Fri, 23 Apr 2021, 16:26 Fernando Frediani, <fhfrediani at gmail.com 
> <mailto:fhfrediani at gmail.com>> wrote:
>
>     Hello Jaco
>     Thanks for this excellent and necessary lesson.
>
>     Every time I see the word democracy trying to be used in PDWG I
>     feel the same lack of understanding by some.
>     Some need to understand that just by a certain number of people
>     voicing their wish for something isn't just enough to make
>     something happen as things are not decided by a majority of voices.
>
>     Fernando
>
>     On 23/04/2021 09:56, Jaco Kroon wrote:
>>
>>     Hi Okoye,
>>
>>     I think you're confusing the concept of democracy and a consensus
>>     based approach.
>>
>>     In a democracy, the majority (or largest individual sub group)
>>     get what they want, irrespective of whether it's right or wrong. 
>>     The premise behind a democracy is two-fold:  those that we
>>     appointed will action in the form of an autocracy that which they
>>     have pitched in their run-up (failure to do so generally leads to
>>     unrest, and even if they follow exactly that if it's not to the
>>     betterment of the larger group will at least be met with
>>     resistance by the minority), and will stick to exactly that and
>>     not become power hungry, and the larger believe is that the
>>     majority knows best and are right in their believes.  Of course
>>     this is an idealogical/philosophical statement, for which there
>>     are many other wordings, the base premise is:  the majority
>>     rules, right or wrong.  A democracy only works if the elected
>>     leaders of the majority has the best interests of community as a
>>     whole at heart, otherwise it becomes an oppression of minority by
>>     the majority.
>>
>>     In a consensus based approach, it's more strict, the majority
>>     cannot simply enforce their arbitrary will. But at the same time
>>     the minority can get their way. It's about addressing problems in
>>     such a way that the right thing will happen, irrespective of
>>     emotional influence and state of mind.  In some cases we can
>>     delegate to a democratic based decision (ie, vote) *if we so
>>     choose*.  As was the original proposal until I filed two motions:
>>
>>     1.  That we select two of the three eligible candididates (as per
>>     the criteria that the group have conceded to which eliminated the
>>     other three candidates, and AK based on the fact that he was the
>>     previously recalled chair).  AK subsequently pulled out leaving
>>     us with only two eligible candidates, and based on no valid
>>     objections that was raised, they were then on the basis of
>>     consensus elected.
>>
>>     2.  That the appointments are made for one and two years
>>     respectively, but there were objections against this, so as I've
>>     got it this was accepted, but this could still potentially be
>>     changed at the PPM such that one term will end during the PPM and
>>     the other will run for a further year.
>>
>>     Against the first item there were (as far as I could tell) no
>>     valid objections, just emotional outbursts, against the latter
>>     there were some "this is a variation of the accepted CPM" which
>>     could be deemed to be valid, and I also conceded that I've got no
>>     objection if this decision is postponed to the PPM, but it does
>>     make things more difficult for the newly elected chairs since
>>     their position going forward is unclear.
>>
>>     My request is thus in short to not confuse a democracy with a
>>     consensus system(much more strict than a democracy since one
>>     person that raises a *valid* objection against a proposal can
>>     stop the thousand, in theory).  But in the same sense, the
>>     thousand cannot stop the one unless they can raise a valid objection.
>>
>>     The PDWG is not a democracy.
>>
>>     Kind Regards,
>>     Jaco
>>
>>     On 2021/04/23 14:12, Okoye Somtochukwu wrote:
>>>     Dear Community,
>>>
>>>     In my opinion, I believe we should have a chance to appeal and
>>>     contest the boards' decisions on the selection of co-chairs. A
>>>     democratic government does not function when citizens are
>>>     deprived of their right to free speech, protests tec. in the
>>>     same vein, we should also have a say in appealing against the
>>>     decision made by the board against the co-chairs.
>>>
>>>     Also, The appeal against the board on the selection of the
>>>     co-chairs is valid. Although it is only rational that we look
>>>     into this issue and try to assess the situation as it is. This
>>>     is because, although the board has acted in carrying out its
>>>     duties and that of the co-chairs, I don't feel it is right for
>>>     the board to have a consensus regarding the selection of the
>>>     co-chairs.
>>>
>>>     In all our doings, we must treat each other's duties and
>>>     positions with the utmost respect and do our best to move the
>>>     community forward.
>>>
>>>     Thank you.
>>>
>>>     Sent from my iPhone
>>>
>>>>     On Apr 23, 2021, at 1:57, Paschal Ochang <pascosoft at gmail.com>
>>>>     <mailto:pascosoft at gmail.com> wrote:
>>>>
>>>>     Hello all.
>>>>
>>>>     It's very simple. Has an appeal been lunched ? The answer is
>>>>     yes. So let the Appeal Committee do their job. It's simple.
>>>>
>>>>     On Thursday, April 22, 2021, Haruna Umar Adoga
>>>>     <hartek66 at gmail.com <mailto:hartek66 at gmail.com>> wrote:
>>>>
>>>>         Hello,
>>>>
>>>>
>>>>         If we decide to proceed with the confirmation of the newly
>>>>         ‘selected’ Co-chairs, which some say were chosen based on a
>>>>         ‘consensus’ by the PDWG, it will be a step in the wrong
>>>>         direction.
>>>>
>>>>
>>>>         I personally do not subscribe to the idea of wasting the
>>>>         community’s time on frivolous issues but an appeal has been
>>>>         made against the confirmation of the Co-chairs and it needs
>>>>         to be addressed.
>>>>
>>>>
>>>>         We cannot and should not keep supporting this narrative as
>>>>         PDWG members, that whenever someone or a group of persons
>>>>         question an act/decision that needs clarification, we tend
>>>>         to push things under the carpet intentionally by throwing
>>>>         all sorts of tantrums rather than facing the issues in an
>>>>         upright manner.
>>>>
>>>>
>>>>         Cheers,
>>>>
>>>>         Haruna.
>>>>
>>>>
>>>>         On Thu, Apr 22, 2021 at 9:30 AM Arnaud AMELINA
>>>>         <amelnaud at gmail.com <mailto:amelnaud at gmail.com>> wrote:
>>>>
>>>>             In the Spirit of Law, what is not authorised, is
>>>>             forbidden. Don't fool people here please. An other
>>>>             waist of time to the  Community . The Co-chairs
>>>>             selection is over. Now we invite Co-chairs to take the
>>>>             place and start working, in order to avoid such kind of
>>>>             waist of time. Please, let move forward.
>>>>
>>>>             --
>>>>             Arnaud
>>>>
>>>>             Le jeu. 22 avr. 2021 à 02:38, lucilla fornaro
>>>>             <lucillafornarosawamoto at gmail.com
>>>>             <mailto:lucillafornarosawamoto at gmail.com>> a écrit :
>>>>
>>>>                 Hello everyone,
>>>>
>>>>
>>>>                 As we can all see, it is true that the CPM (3.5)
>>>>                 openly mentions the appeal against the co-chairs,
>>>>                 but it doesn’t forbid other forms of appeals.
>>>>                 Furthermore, the appeal reports a serious matter
>>>>                 that should be properly investigated. This is the
>>>>                 only way to go through it.
>>>>
>>>>
>>>>                 In particular, I believe that the declaration of
>>>>                 the consensus by the Board of Directors goes beyond
>>>>                 their authority.
>>>>
>>>>                 Therefore, I support this appeal.
>>>>
>>>>
>>>>                 Lucilla
>>>>
>>>>
>>>>                 Il giorno mer 21 apr 2021 alle ore 14:18 Emem
>>>>                 William <dwizard65 at gmail.com
>>>>                 <mailto:dwizard65 at gmail.com>> ha scritto:
>>>>
>>>>                     *Dear Appeal Committee,*
>>>>
>>>>                     Please check  the attachment for our appeal.
>>>>
>>>>                     Thank you!
>>>>
>>>>                     *
>>>>                     *
>>>>
>>>>                     *Subject : Appeal against the confirmation of
>>>>                     consensus declared by the Policy Liaison Team
>>>>                     and the Board on the selection of PDWG Co-chairs*
>>>>
>>>>                     **
>>>>
>>>>                     Dear Appeal Committee,
>>>>
>>>>                     I am appealing against the confirmation of
>>>>                     consensus declared by the AFRINIC team and the
>>>>                     Board on the selection of PDWG Co-chairs, made
>>>>                     on the RPD mailing list, on April 9^th and
>>>>                     April 11^th .
>>>>
>>>>                     (https://lists.afrinic.net/pipermail/rpd/2021/013018.html
>>>>                     <https://lists.afrinic.net/pipermail/rpd/2021/013018.html>)
>>>>
>>>>                     (https://lists.afrinic.net/pipermail/rpd/2021/013052.html
>>>>                     <https://lists.afrinic.net/pipermail/rpd/2021/013052.html>)**
>>>>
>>>>                     I consider that the actions of the Board of
>>>>                     Directors to self-declare consensus over the
>>>>                     PDWG matter in selecting the new co-chairs is
>>>>                     done outside of their scope of power and
>>>>                     prerogatives.
>>>>
>>>>                     *Date of the appeal :*April 19^th , 2021
>>>>
>>>>                     *Date of the decision made by the Policy
>>>>                     Liaison Team*
>>>>
>>>>                     (1) 3^rd April 2021
>>>>
>>>>                     (2) 9^th April 2021
>>>>
>>>>                     *Date of the decision made by the Board of
>>>>                     Directors*
>>>>
>>>>                     11^th April 2021
>>>>
>>>>                     *f) Reference to an announcement of decision
>>>>                     which is being appealed*
>>>>
>>>>                     (1) 26^th March 2021, Eligibility criteria
>>>>                     imposed by Policy Liaison Team
>>>>
>>>>                     (https://lists.afrinic.net/pipermail/rpd/2021/012768.html
>>>>                     <https://lists.afrinic.net/pipermail/rpd/2021/012768.html>)
>>>>
>>>>
>>>>                     (2) 9^th April 2021, Policy Liaison Team
>>>>                     announced consensus is achieved
>>>>
>>>>                     (https://lists.afrinic.net/pipermail/rpd/2021/013018.html
>>>>                     <https://lists.afrinic.net/pipermail/rpd/2021/013018.html>)
>>>>
>>>>                     (3) 11^th April 2021, Board Chair declared
>>>>                     consensus
>>>>
>>>>                     (https://lists.afrinic.net/pipermail/rpd/2021/013052.html
>>>>                     <https://lists.afrinic.net/pipermail/rpd/2021/013052.html>)
>>>>
>>>>                     *Name and email address of complainant.*
>>>>
>>>>                     Emem William
>>>>
>>>>                     dwizard65 at gmail.com <mailto:dwizard65 at gmail.com>
>>>>
>>>>                     **
>>>>
>>>>                     *Names of complainants.*
>>>>
>>>>                     1.Olamide Andu (olamideandu at gmail.com
>>>>                     <mailto:olamideandu at gmail.com>)
>>>>
>>>>                     2.Yusuf Abdurahman Adebisi (adebc007 at gmail.com
>>>>                     <mailto:adebc007 at gmail.com>)
>>>>
>>>>                     3.Emem Ekpo William (dwizard65 at gmail.com
>>>>                     <mailto:dwizard65 at gmail.com>)
>>>>
>>>>                     4.Sunday Ayuba (sundayayuba8 at gmail.com
>>>>                     <mailto:sundayayuba8 at gmail.com>)
>>>>
>>>>                     The following appeal addresses the “fake
>>>>                     consensus on the selection of the co-chairs”
>>>>                     declaration, which according to the CPM, cannot
>>>>                     be done by anyone else besides the chair. Yes
>>>>                     In this situation we agreed that AFRINIC team
>>>>                     should serve as secretariat but this team went
>>>>                     ahead to selectively implement decisions even
>>>>                     when there was no consensus.   The board’s
>>>>                     interference with the matter signifies that the
>>>>                     bottom up process no longer exists. Therefore,
>>>>                     this appeal should serve the Appeal Committee
>>>>                     in taking into account a very important point,
>>>>                     which is the fact that the board has no right
>>>>                     in declaring consensus.
>>>>
>>>>                     Based on the Board’s action ofdeclaring
>>>>                     consensus on the selection of the co-chairs,
>>>>                     which is done outside of their prerogatives, it
>>>>                     is safe to conclude that the declaration of
>>>>                     consensus is illegal as it is not within the
>>>>                     prescribed power and prerogatives of the Board
>>>>                     of Directors. The Board of Directors should
>>>>                     have referred to and comply with the stipulated
>>>>                     terms of the AFRINIC’s constitution and the CPM
>>>>                     and ensure that any action that is taken by the
>>>>                     Board of Directors is done consistently and in
>>>>                     compliance with the stipulated terms of the
>>>>                     AFRINIC’s Constitution and the CPM, which was
>>>>                     not the case. The declaration of the consensus
>>>>                     by the Board of Directors shows that the Board
>>>>                     of Directors have acted above and beyond their
>>>>                     prescribed power and prerogatives.
>>>>
>>>>                     As for the list of requirements and
>>>>                     qualifications imposed by the Policy Liaison
>>>>                     Team, It is vital to note that they were never
>>>>                     stipulated under the CPM. By simply adding on a
>>>>                     list of requirement and qualification proves
>>>>                     that the Policy Liaison Team have acted
>>>>                     arbitrarily and with blatant disregard to the
>>>>                     terms and procedures which are clearly
>>>>                     stipulated under the CPM.
>>>>
>>>>                     Based on the above, I urge the Appeal committee
>>>>                     to look into this serious matter and resolve
>>>>                     this appeal by standing with what is right.
>>>>
>>>>                     Thank you!
>>>>
>>>>                     Regards,
>>>>                     *Emem William*.
>>>>                     _______________________________________________
>>>>                     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>
>>>>
>>>>                 _______________________________________________
>>>>                 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>
>>>>
>>>>             _______________________________________________
>>>>             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>
>>>>
>>>>
>>>>
>>>>
>>>>     -- 
>>>>     Kind regards,
>>>>
>>>>     Paschal.
>>>>
>>>>     _______________________________________________
>>>>     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>
>>>
>>>     _______________________________________________
>>>     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>
>>
>>     _______________________________________________
>>     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>
>     _______________________________________________
>     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>
>
>
> _______________________________________________
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-- 

Mark James ELKINS  -  Posix Systems - (South) Africa
mje at posix.co.za       Tel: +27.826010496 <tel:+27826010496>
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