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

[Erick Joshua Lagon]

I would like to build up on Fernando's arguments here regarding the
composition of the Appeal Committee. Since there is a former Board
chairperson that constitutes the AC, wouldn't it be a conflict of interest
since the Board also approves the appointments? Worst case scenario, they
can indirectly influence the decisions of the AC, and make it work in their
favor. I may be assuming things here but the fact that there is no
representation for the community in the AC, makes it questionable because
only the higher-ups get the final say in the appeals that are given to
them. What about the community that works for the sake of the users? I hope
that AFRINIC clears this.

Regards,
Erick

On Thu, Jul 15, 2021 at 12:52 PM Fernando Frediani <fhfrediani at gmail.com>
wrote:


> 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 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 <policy-liaison at afrinic.net> *

>

> --

> AFRINIC Policy Liaison.

> t: +230 403 51 00 | f: +230 466 6758 | tt: @afrinic | w:www.afrinic.netfacebook.com/afrinic | flickr.com/afrinic | youtube.com/afrinicmedia

>

>

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