[rpd] AFRINIC PDWG Co-Chair Selection Timeframe

Wed Apr 27 15:43:30 UTC 2022

> On Apr 27, 2022, at 02:37 , Sylvain Baya <abscoco at gmail.com> wrote:
> 
> Dear PDWG,
> Please see my comments below, inline...
> 
> Le mercredi 27 avril 2022, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> a écrit :
>> 
>>  [...]
>> 
>> Ok! Let's move forward, as you strongly disagree 
>> to this pré-selection procedure; with reasonable 
>> arguments...imho, the discussion has reached a 
>> point where the PDWG's Chairs should decide what
>>  they prefer...you know, they have that power [1] 
>> and they are free to use it at this occasion.
>> __
>> [1]: "3.6  Varying the Process
>> The process outlined in this document may vary in
>>  the case of an emergency. Variance is for use 
>> when a one-time waiving of some provision of this 
>> document is required.
> 
> As you point out, varying the process requires an emergency. This is NOT an emergent situation,
> 
> 
> 
> Thanks for your reaction, Owen!
> 
> ...don't be sure, brother!
> 
> This situation could be easily considered as an 
> *emergency* by the PDWG's Chairs; simply due to the fact that part of the PDWG is willing to prepare 
> a successful PDWG's Chair selection/choice ahead
>  of the next PPM. Rough Consensus on a call for 
> Varying the Process is a perfect case of emergency,
>  imho :-)

Willingness by some undefined subset of the group to vary the pretend there’s an emergency is _NOT_ an emergency by any legitimate definition.

An emergency is defined (in a non-medical context) as:

	a serious, unexpected, and often dangerous situation requiring immediate action.

This situation might border on “serious” by some definitions.
It is definitely NOT dangerous.
There is certainly no requirement for immediate action.

It simply doesn’t meet the definition of an emergency.

Alternatively, if we turn to Merriam Webster for the definition, we get the following two choices:

1: an unforeseen combination of circumstances or the resulting state that calls for immediate action
2: an urgent need for assistance or relief

For definition 1, we fail to meet the requirements as this is NOT unforeseen. There is no state requiring immediate action here.
For definition 2, again, there is no urgent need for assistance or relief.

We simply do not have an emergency by any plain text definition of that term.

> You may need to start your usual interesting 
> questionning here :-/
> 
> Q1. Who should determine the emergency state?

Asked and answered…. Technically, the PDWG co-chairs have this authority, but if they are acting in good faith, surely we can expect them to be bound by the definition of the word emergency?

> Q2. Which criteria to use to *unequivocally* identify 
> an emergency?

Would we not expect this to at least start with the dictionary definition of the term “emergency”? Surely if we must bend the dictionary definition to the point of breaking in order to consider this an emergency, we must consider that doing so represents a failure to act in good faith, no?

> Q3. {/feel free to add more here, please!/}

I don’t think there’s a need.  A plain text reading of the dictionary provides all that is required in order to determine that this is not legitimately an emergency situation and therefore, only two possibilities exist:

1.	The co-chairs recognize this and recognize that varying the process as a result is not a good faith implementation of the language in the PDP.
2.	Once again, AFRINIC ignores the legitimate meaning of its own rules and proceeds as it wishes, making the rules up as we go along.

While 2 has become somewhat of a tradition, I remain opposed to its continuance and I do point out that this tradition is exactly what has spawned a series of litigation.

Owen

> 
>  
> 
>  so no, the co-chairs aren’t free to vary the process this time. 
> 
> 
> ...please see above, brother!
> 
> You know, it's just for this time...not sure that, part of the PDWG will want to have a *Pré-Selection* 
> facility next time. They just have to (i) provide a justification in which they must (ii) indicate which 
> *emergency* state/situation striked the use of the
>  PDWG's Chair power.
> 
> Also, only one PDWG's Chair is sufficient to Varying
>  the Process.
> 
>  
> 
> Yes, last year was emergent due to the constraints imposed by the COVID emergency. We’ve begun to move from Pandemic phase to Endemic phase and we’ve had a year to plan for this situation. As such, no such emergency exists at this time.
> 
> 
> Various argumentations exists when it comes to 
> identifying an emergency...and as said, the PDWG's
>  are qualified as allowed by the PDP to justify their
>  decision...
> 
> Afterwards, the PDWG will have the opportunity to
>  verify the claimed emergency state...but nothing 
> into the actual version of the PDP can stop the execution of such a powerful decision.
> 
>  
> 
>> The decision to vary the process is taken by a 
>> Working Group Chair.
>> There must be an explanation about why the 
>> variance is needed.
>> The review period, including the Last Call, shall 
>> not be less than four weeks.
>> If there is consensus, the policy is approved and it 
>> must be presented at the next Public Policy Meeting."
>>  https://afrinic.net/policy/manual#:~:text=3.6%C2%A0%20Varying%20the,Public%20Policy%20Meeting <https://afrinic.net/policy/manual#:~:text=3.6%C2%A0%20Varying%20the,Public%20Policy%20Meeting>.
> 
> I suppose that technically, if a WG chair decides there’s an emergency, that meets the letter of the law, but the clear intent of the language is that the co-chair is expected to be able to explain himself and justify the emergency (and the resulting variance) 
> 
> 
> 
> ...sure! you got the point, brother :-)
> Thanks!
>  
> 
> to the satisfaction of the working group.
> 
> 
> That's not seem to be required by the PDP in CPM 
> (v.1.6) section 3.3.
> 
> The PDWG's Chairs are allowed to Varying this:
> "The PDWG Chairs are chosen by the AFRINIC community during the Public Policy Meeting and serve staggered two-year terms."
> https://afrinic.net/policy/manual#:~:text=The%20PDWG%20Chairs%20are%20chosen%20by%20the%20AFRINIC%20community%20during%20the%20Public%20Policy%20Meeting%20and%20serve%20staggered%20two%2Dyear%20terms. <https://afrinic.net/policy/manual#:~:text=The%20PDWG%20Chairs%20are%20chosen%20by%20the%20AFRINIC%20community%20during%20the%20Public%20Policy%20Meeting%20and%20serve%20staggered%20two%2Dyear%20terms.>
>  
> Shalom,
> --sb.
> 
>  
> 
> Owen
> 
> 
> 
> -- 
> Best Regards !
> __
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