[rpd] New Terms of Reference for the Policy Development Appeal Committee Published

[Fernando Frediani]

Hello Jordi

I have to disagree with you about the decisions taken by AC have to be 
by consensus. They decide by majority and in my view is expected they do 
that day as they have a pretty limited number of members plus the fact 
that decision (which is final) must be as much objectives as possible 
should the prior one have left doubts about it. Knowing consensus is not 
unanimity if 3 members of the AC think in one way and 2 in another way 
how will the consensus will be determined ? Who will be in charge to 
determine it ? That's why it is appropriate for a body as AC to decide 
by simply majority of its members. Process in the PDWG done by us 
community is a different thing and why have pretty different working.

Regards
Fernando

On 14/07/2021 14:00, JORDI PALET MARTINEZ via RPD wrote:

>

> Hi all,

>

> The new ToR at least don’t violate so explicitly the PDP as the 

> previous one.

>

> I’ve a problem however with decisions following majority. That doesn’t 

> make sense to me. All the work in the PDP (and the AC is part of it) 

> is done following consensus. How then the AC now is changed to work 

> with “democracy”?

>

> Finally, point 3 it is a bit irrational in my opinion. If the 

> co-chairs erred in their decision about consensus, then the AC is 

> actually changing that decision. Yes, you can say that this is an 

> “indirect” consequence, but actually is very “direct”, and in fact, 

> 3.5.2 of the PDP say “The Appeal Committee may direct that the 

> Chair(s) decision be annulled if the Policy Development Process has 

> not been followed.”, so clearly, if by any reason the decision of the 

> co-chairs is erred as confirmed by the AC, the AC duty is to change that.

>

> Otherwise, if the Board is willing to change that, then it will be a 

> new Board violation of the PDP, which can only be done by mean of a 

> policy proposal reaching consensus.

>

> Regards,

>

> Jordi

>

> @jordipalet

>

> El 14/7/21 17:54, "AFRINIC Policy Liaison" <policy-liaison at afrinic.net 

> <mailto:policy-liaison at afrinic.net>> escribió:

>

> Dear Colleagues,

>

> Please be advised that the new Terms of Reference for the Policy 

> Development  Appeal Committee has been published

>

> (https://afrinic.net/policy/appeal-committee 

> <https://afrinic.net/policy/appeal-committee>) as per the Board 

> Resolution 

> 202107.622*(**https://www.afrinic.net/board/meeting/2021#r622* 

> <https://www.afrinic.net/board/meeting/2021#r622>*).*

>

> The AFRINIC Policy Development Appeal Committee, or the Appeal 

> Committee, is a committee appointed by the AFRINIC Board, intended to 

> adjudicate appeals in terms of the Conflict Resolution section of the 

> AFRINIC Policy Development Process (PDP). Any such appeal will involve 

> a disagreement regarding the actions taken by the Chair(s) of the 

> Policy Development Working Group (PDWG).

>

> The AFRINIC Board at its meeting held on *08 July 2021* resolved to 

> revoke the current Terms of Reference for the Appeal Committee and 

> replace them with new Terms of Reference.

>

> As a consequence of the above, the Appeal Committee that was 

> reconstituted by the Board on *14 April 2021* was dissolved.

>

> The new version makes the required provision for**Section 3.5(1) of 

> AFRINIC’s Consolidated Policy Manual.

>

> We invite you all to take note**of its scope with regards to the 

> composition, term and duty of the committee.

>

> The reconstitution of the Appeal Committee is currently ongoing so 

> that the current appeals can be assessed.

>

> Yours Sincerely,

>

> AFRINIC Policy Liaison Team.

>

> policy-liaison at afrinic.net <mailto:policy-liaison at afrinic.net>

>

> -- 

> AFRINIC Policy Liaison.

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