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

[Fernando Frediani]

Hello

As far as I could watch there hasn't been any more explanation from the 
Board to the Community of the reasons for the ratification refusal other 
than "legal advise". Why hasn't been published this legal advise so far ?

Key question is: What is the real danger to AfriNic as RIR for the Board 
refusal to ratify or did they do this simply because they didn't like 
the wording of the proposal ?

Fernando

On 24/07/2021 01:57, Eddy Kayihura 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 

> <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 

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

>

> 2.

>     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 

> <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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