[rpd] A question for the PDWG

Tue May 24 13:55:35 UTC 2022

Hi Dewole,

And as I said many times, and it match your analysis, the bylaws are VERY BROKEN. It can be easily said that 11.3 and 15.3 of bylaws are contradictory, but this is not the only broken point.

The bylaws are encroaching the community sovereignty in many aspects, which means that the RIR is not complying with the ICP-2.

Some of those points can be addressed by the PDP by authorizing those “mistakes” of the bylaws, however, some aspects must be corrected in the bylaws.

There is no RIR bylaws doing anything like that.

If board and membership keeps ignoring that, instead of solving it, then AFRINIC is insisting in endangering the organization.

What you’re proposing will only increatse to breach of ICP-2. The PDP is in the hands of the community, and that means we can’t accept that only members do certain things, including selecting chairs.

Regards,

Jordi

@jordipalet

El 24/5/22, 15:40, "Dewole Ajao via RPD" <rpd at afrinic.net> escribió:

Just trying to take a look at the "letter of the law" since we have an interesting proposal to sue the AFRINIC board of directors regarding the process of getting our co-chairs.

I can't find any mention of the "Policy Development Working Group" in the bylaws. Following a reference to the "Policy Development Process" however, one is taken to the Consolidated Policy Manual https://www.afrinic.net/cpm-1-3?view=article&id=1606&lang=en#PDP of which the PDP and PDWG are subsets.

We encounter the PDWG in Section 3.3 of the Consolidated Policy Manual (CPM) and indeed it states that

- *Anyone may participate...*

- *Two chairs are *chosen*

Section 3.4 also states that

- *Anyone may submit a proposal*

Going by this, we can infer that the group (which is made up of any interested persons) will select its co-chairs using any mechanism that is based on openness, fairness and transparency - See sections 3.2.1, 3.2.2, and 3.2.3. I do not see any requirement for election; not even for a show of hands. 

Moving on to Section 15 of the bylaws (Powers of Directors) for a moment, it appears to me that the directors have the duty to *determine the guidelines for the allocation of address space to members...*.

15.3) Without prejudice to the generality of Articles 15.1 and 15.2 above, the Directors shall be entitled to:

                                i.            determine the guidelines for the allocation of address space to members in line with the member-driven Policy Development Process;           

>From the above and simple English language, one could infer (without prejudice to the rights of any interested person to participate), that only *members* have the duty to "drive the Policy Development Process".

Note: members in the context of the bylaws refers to Resource members, Registered members, and Associate members.

One could then translate this to mean that 

1. anyone can propose draft policies with the goal of making them policies and have them debated/improved/discarded/accepted

2. anyone can contribute to policy proposals that have been received by the group

3. since anyone can propose/contribute text, it is the responsibility of resource members to ensure that the PDP produces fair policies via a process that is open and transparent

4. since the company must abide by the laws of the land, and operate in line with the objects of the company, it is the responsibility of the Directors to ratify the resulting member-driven policies for implementation. 

So that it does not remain a matter that is open to translation as I have done above, is anyone willing to contribute very simple policy text that puts the process of selecting PDWG leadership in the hands of resource members? 

Maybe that could put an end to room-stacking and other PDP hijacking fears and get us back to the business of serious policy development? 

Putting on my flame-retardant suit,

Dewole.

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