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

[Fernando Frediani]

Please find below my view of this just published ToR.

- I may be wrong but this version of the ToR doesn't seem to have 
circulated in PDWG prior to its approval by Board Resolution. Although 
this is not mandatory is it certainly a bad thing such is the importance 
and affect it has on us all from community and how the PDWG works.

- In 1, b) why one of the seats has been reserved only to Chair or 
Vice-Chair of the Board ? In which way other members of the Board are 
different from the Board Chair or Vice-Chair? Are they less fitted to 
serve in the AC ?
I think it may be a good thing to have 1 Board representative in the AC, 
but it doesn't need to be that restricted to only Chair or Vice-Chair. 
This is strange at minimal to say.

- Why there has been no seat at all for Community members, specially to 
consider ex Co-chairs which certainly may have a fair amount of 
experience to serve in the AC ?
In this ToR all 3 members of AC have a direct or indirect relation to 
membership elected members and not even space for choosing a experienced 
person from the Community if that person is not currently an elected 
member of Board, ASO-AC or Governance Committee.

- I didn't understand very well the rational to have someone from ASO-AC 
as a member of the Appeal Committee. It doesn't specify if from the 
entire ASO-AC or only from the AfriNic ASO-AC selected members. If the 
last case there is one of the three that is already appointed by the 
Board. Would it be the case that person also be considered as well along 
of the person already appointed from the Board, if not then there would 
be only 2 possible names for the seat which is quiet restrict.

- In the line of the previous point reducing the number of AC seats from 
5 to 3 in the current times with several appeals to be analyzed 
increases the changes the AC can have difficulties to deliver its job 
with impartiality and be less susceptible to tentative of external pressure.

- It is quiet obvious but in the try to simply the ToR may be good to 
keep making clear enough that if a member of the appeal committee is 
author or co-author of the a proposal which becomes subject to appeal, 
this member of the AC must recuse himself from the deliberations.

- I think the last point (3) was a good one and make it clearer in order 
to avoid doubt about the duty and prerogatives of the Appeal Committee 
and that in no way substitutes the PDWG or its Co-Chairs in the 
consensus process.

There I urge the Board of Directors of AfriNic to review this ToR before 
selecting the new AC members, take in consideration the mentioned points 
above and publish a revised version of the ToR with improvements that 
can give more flexibility in composing the AC and open to more 
possibilities of choosing experienced people to serve.

Regards
Fernando Frediani

On 14/07/2021 12:46, AFRINIC Policy Liaison wrote:
>
> *
> *
>
> *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 2021resolved 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 2021was dissolved.
>
>
> The new version makes the required provision forSection 3.5(1) of 
> AFRINIC’s Consolidated Policy Manual.
>
>
> We invite you all to take noteof 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.
> t: +230 403 51 00 | f: +230 466 6758 | tt: @afrinic | w:www.afrinic.net
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>
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