[rpd] A question for the PDWG

[Owen DeLong]

> On May 24, 2022, at 06:55, JORDI PALET MARTINEZ via RPD <rpd at afrinic.net> wrote:
> 
> 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.

The time to raise any objections under ICP-2 was when ICANN was considering AFRINIC’s accreditation as an RIR under the ICANN administered IANA functions.

ICP-2 is a process for accrediting a new RIR. It is not a governing document applicable to RIRs once they are accredited.

There is no mechanism in ICANN for revoking the accreditation of an RIR, nor is there any rule anywhere that provides for any form of requirement for an RIR to continue to abide by ICP-2 once it is accredited.

If you have any document you can offer which contradicts my assertions here, please present it.

ICP-2 does not. It clearly states that it is the process for accrediting new RIRs by ICANN. It’s not even clear it would continue to apply if the IANA functions contract were awarded to a different entity.
 
> 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.

Wouldn’t it be better to have the membership correct the mistakes by amending the bylaws than to codify acceptance of the mistakes through the PDP?
 
> There is no RIR bylaws doing anything like that.

Your meaning here is unclear to me.
 
> If board and membership keeps ignoring that, instead of solving it, then AFRINIC is insisting in endangering the organization.

The board currently insists on ignoring the bylaws as written and ignoring the CPM as written. They have already endangered the organization as evidenced by the variety of litigation they have attracted.
 
> 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.

ICP-2 is not a governing document or a stone tablet handed down from on high. Moses did not bring ICP-2 back from the burning manzanita outside the ICANN offices.

Continuing to pretend that ICP-2 has magical powers or some authority over the operation of an RIR once it is accredited is counter productive.

Owen


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