[rpd] Board Prerogatives on the PDP - AFPUB-2020-GEN-004-DRAFT02

[Lamiaa Chnayti]

Dear Eddy,



The Policy Development Process does not leave room to personal
interpretations and singular opinions. The bylaws and the CPM exist for a
reason, don’t they?


The fact is, the board’s approval of policies that have reached consensus
is an integral step of the PDP, and nothing more. The Bylaws do not expand
the board’s power in judging or conducting a *“final checkpoint”* on
community made decisions.

Please refer to the *CPM 3.4.4: “Approval”*

*The Working Group Chair(s) shall recommend the draft policy to the AFRINIC
Board of Directors for approval if it has the consensus of the Policy
Development Working Group. The recommendation shall include a report of the
discussions of the draft policy and feedback from the Last Call. The draft
policy shall be ratified by the AFRINIC Board of Directors.*



Moreover, AFRINIC’s decision of not ratifying a policy that has been
approved by the community is far from representing the *ethical governance*
that the organization aspires to have. It is rather a clear violation of
the community’s wishes that no RIR has ever committed.



As defined in the* ICP-2*, Afrinic must operate according to *a Bottom-up
self-governance structure for setting local policies*, and which explicitly
states that :

*“Policies are developed by the community through the PDP that is also
developed by the same community. AFRINIC implements what the community has
proposed, discussed and attained consensus on.”*



To sum up, the only unfortunate thing in this (easily avoidable) situation,
is Afrinic’s violation of an entire clear and defined process that is the
backbone of the RIR itself. What is even the point of recognizing the
“voluntary
work to author and discuss the proposals in a consensus-based spirit” if
there will be no consideration of the bottom-up process?


Lamiaa



On Sat, 24 Jul 2021 at 05:58, Eddy Kayihura <eddy at afrinic.net> wrote:


> Dear PDWG,

>

> I have taken note of the concerns raised by Jordi with reference to the

> PDWG co-chairs Report on the Draft Policy Proposal "Board Prerogatives on

> the PDP" -AFPUB-2020-GEN-004-DRAFT02.

>  https://lists.afrinic.net/pipermail/rpd/2021/013531.html

>

> I would like to share some thoughts with you all on the matter.

>

>

>    1. AFRINIC staff produced an impact assessment report by staff on the

>    concerned  policy. The impact assessment highlighted a conflict

>    between the provisions of Sections 3.6 and 3.61 of the proposed policy and

>    Section 3.5 of the CPM.

>

>

> https://afrinic.net/policy/proposals/2020-gen-004-d2#impact

>

>

>    1. Following a legal assessment of the proposed texts regarding the

>    above sections of the proposed policy,  the Board of Directors were further

>    advised that their powers and prerogatives are  provided for in the bylaws,

>    and by extension are governed by the Companies Act of the Republic of

>    Mauritius.

>

> https://lists.afrinic.net/pipermail/rpd/2020/012121.html

>

> In my opinion the Board ratification requirement is not a “symbolic stamp”

> but rather a final checkpoint by those who have been entrusted by the

> resource members to steer the organization towards a sustainable future by

> adopting sound, ethical, and legal governance and financial management

> policies.

>

> It is very unfortunate that we reached such a “dead-end”. However, I

> believe that where there is a will there's a way and we can collaborate to

> swiftly address the issue.

>

> I would like to propose to the PDWG co-chairs to organise a meeting with

> all interested parties. The aim of this meeting would be to better explain

> the rationale behind the current issue and hopefully get to a point that

> would address all the related concerns.

>

> We also currently have four proposals under discussion that aim at

> bringing changes to the AFRINIC Policy Development Process.

>

> I would like to commend the PDWG who put in voluntary work to author and

> discuss the proposals in a consensus-based spirit.

>

> We are confident that our PDWG will work together and bring forward

> improvements that will strengthen the foundation of the current Policy

> Development Process and address its challenges.

>

> On a side note, I am sure the community has noticed that AFRINIC has not

> been communicating as swiftly as we normally do. I am aware that there are

> other threads where the PDWG expects feedback. All I can do at this point

> is apologise as we have faced multiple other threats that threaten the

> foundation of the entire bottom-up process system the PDP was founded upon.

>

> Please rest assured that more clarity will be shared with the community

> very soon (my hope is that we can share more over the course of next week).

> Till then I trust that the PDWG members willI continue to uphold the Code

> of Conduct while dealing with each other and  refrain from unnecessary

> belittling comments.

>

> --

>

> Kind Regards

>

> Eddy Kayihura M.

> Chief Executive Officer

> AFRINIC Ltd.

> ====

> t: +230 403 51 00  |  tt: @afrinic  |  https://www.afrinic.net  |

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