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

[Fernando Frediani]

On 26/07/2021 22:36, Owen DeLong via RPD wrote:

>

>> As defined in the*ICP-2*, Afrinic must operate according to *a 

>> Bottom-up self-governance structure for setting local policies*, and 

>> which explicitlystates 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.”/

>>

>

> ICP-2 governs the creation and acceptance of new RIRs into the RIR 

> system. It has no material bearing on the RIR once it has been 

> accepted into the RIR system, so quoting it here is not particularly 

> meaningful.

Once again this is not correct information. Those reading it please 
consider it as simply Owen personal point of view.
It simply make zero sense to say the above given what ICP-2 means 
including after the creation of the RIR. It's not something to use 
one-off an be trashed right after as easy as said.

Just think for a minute that a key condition to create a new RIR is that 
have bottom-up self-governance structure. Then it passed and on the day 
after it doesn't have that anymore. What sense does it have at all ? 
Simply none !

Fernando


>

>>

>> Lamiaa

>>

>>

>>

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

>> <mailto: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

>>     <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

>>     <https://www.afrinic.net/>  | youtube.com/afrinicmedia

>>     <http://youtube.com/afrinicmedia>

>>     ___________________________

>>

>>     Vision: “A secure and accessible Internet for sustainable digital

>>     growth in Africa”

>>     Mission: “To serve the African Internet community by delivering

>>     efficient services in a global multi-stakeholder environment”

>>     Values: EPIC (■ Excellence ■ Passion ■ Integrity ■ Community Driven)

>>

>>

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>>

>>

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