[rpd] A question for the PDWG

[JORDI PALET MARTINEZ]

Hi Mike,

 

While this is debatable, the parts of the bylaws that are broken, where already broken when those bylaws were created in order to constitute AFRINIC to comply with the ICP-2.

 

As a consequence, the recognition of AFRINIC could be declared invalid, because *was not* complying with “3) Bottom-up self-governance structure for setting local policies”.

 

I will prefer not to go that direction, but this means that broken thins should be fixed, not ignored by the Board every time we come to the same conclusions. I guess you (others) will agree with me that it is necessary to fix whatever is found broken?

 

Regards,

Jordi

@jordipalet

 

 

 

El 24/5/22, 16:31, "Mike Silber" <silber.mike at gmail.com> escribió:

 

Hi Jordi



On 24 May 2022, at 15:55, JORDI PALET MARTINEZ via RPD <rpd at afrinic.net> wrote:

 

...

 

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

 

ICP-2 only requires compliance to allow for a new RIR to be established and recognised. The only ongoing obligation seems to be clause 9 “Record Keeping” and even then I am not really sure it is an ongoing obligation, or just an undertaking at a point in time which ICANN hopes will continue.

 

ICP-2 does not contain a provision for an RIR to be de-established and does not contain any compliance obligations. I suppose the other RIRs could remove an RIR from the ASO/NRO for non-compliance, however there is no mechanism for that.


…..

 

What you’re proposing will only increatse to breach of ICP-2.

 

As above, this idea of a “breach” of ICP-2 is nonsense. AfriNIC has been established and ICP-2 no longer has any status. ICANN [and the ASO/NRO] are not our auditors or a court to adjudicate on compliance.

 

Happy to debate what the PDP should [or should not] look like, but please stop this appeal to alleged non-compliance or breach of ICP-2.

 

Mike



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