[LACNIC/Politicas] AFRINIC SUSPENDED CEO TRYING TO ASK GOVERNMENT TO APPOINT DIRECTORS OF RIR

[Oscar A. Robles-Garay]

Carlos Afonso,

No se si este tema sea relevante para esta lista, en cualquier caso creo 
que necesitas contexto para entender esta situación.

El Directorio de AFRINIC quedó reducido a menos del quorum legal para 
operar (3 miembros). Esto ya les ha sucedido en el pasado y la única 
manera de salir de ese bloqueo jurídico es mediante la Suprema Corte de 
Mauricio.

Lo que están intentando hacer con esta solicitud, tanto AFRINIC como 
alguna otra parte interesada, es acercar una lista de candidatos que le 
facilite a la Suprema Corte de Mauricio la decisión.

Esta designación (una vez que la Corte resuelva), sería temporal y en 
cuanto pueda convocar y realizar una asamblea con sus elecciones, 
AFRINIC puede elegir nuevamente a sus autoridades... si no resulta 
alguna demanda frívola que le impida realizar sus procesos institucionales.

Saludos,

Oscar


On 21/07/22 10:06, Carlos Afonso via Politicas wrote:
> Dear people,
>
> Just as AfriNIC's mandate has absolutely nothing to do with 
> telecommunications regulations, ATU has absolutely no mandate to rule 
> AfriNIC.
>
> This is a protracted conflict we experience in Brazil as well, with 
> Anatel (the telco regulator) trying to take over issues which do not 
> belong to their mandate.
>
> Since CGI.br was created here in 1995, a federal norm (known as "Norma 
> 4"), also issued when CGI.br was launched and still valid, determines 
> clearly that the Internet layers above the telco infrastructure are 
> value-added services which are beyond the reach of telco regulations. 
> BTW, CGI.br was created two years before Anatel came to be.
>
> I hope AfriNIC can overcome this unaceptable intervention.
>
> fraternal regards
>
> --c.a.
>
> On 21/07/2022 09:44, Adrie Schmidt wrote:
>> Dear Global community
>>
>> I have very unfortunate news to share with you. The suspended CEO of 
>> AFRINIC, Eddy Kayihura - has written to African Telecommunication 
>> union, an Inter-government body and requested them to appoint the 
>> directors of AFRINIC.
>>
>> This is a clear attempt to avoid the legitimate election by depriving 
>> AFRINIC members' right to select their own directors.
>>
>> According to ATU's reply, they have proposed four directors. One of 
>> them is involved in fraud proceedings.
>>
>> https://www.lawandpowerkenya.com/interconsult-engineers-ltd-director-six-others-charged-with-fraud/ 
>>
>>
>> The RIR community has been running on the principle of 
>> community-drive bottom up process for years. This is the foundation 
>> of today's Internet. By adhering to this principle, the RIRs have 
>> successfully resisted external interference from governmental bodies 
>> such as ITU.
>>
>> It is extremely regretful to see that a suspended CEO of one of the 
>> RIRs, is trying to ask a governmental body to interfere with RIR's 
>> independent procedure. This is putting the entire system at a 
>> tremendous risk that we have never had before.
>>
>> The suspended CEO is continually trying to take further legal action 
>> in secret. He is spending members money on this. We were lucky to 
>> retrieve this letter, from the case Eddy filed against AFRINIC, in an 
>> attempt to appoint four directors suggested by ATU as elected 
>> directors, in which in that affidavit in the case, Eddy admitted that 
>> AFRINIC is lacking of quorum and can not defend its own case, so Eddy 
>> is trying to use this opportunities to bypass the very election 
>> allows member to have their voice heard.
>>
>> The suspended CEO is acting without authority and in secret and is 
>> out of control. The organization is failing.
>>
>> Members have no oversight on what he is doing unilaterally. He is out 
>> of control and not acting in the interests of members.
>>
>> We have attached the relevant letters in this email. You may read 
>> them yourselves.
>>
>> This is unprecedentedly shocking and disappointing. It is a spectra 
>> that the RIRs may fall into the hands of governmental bodies - a 
>> scenario that none of us would like to see in the community.
>>
>>
>> NRS team
>>
>>
>>
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