This proposal addresses the lack of a neutral and well-defined appeals procedure in the current PDP, including the creation of an impartial Appeals Committee.
Rationale (Describe the problem you intend to solve)Although item 3.3 of the PDP indicates that the board is responsible for appeals, this makes it impossible for board members to participate freely and neutrally in the PDP. This prevents members who are actively involved in the community from contributing to the discussions. Furthermore, given that the Board of Directors is responsible for the final ratification of any proposal and that its obligation is to defend LACNIC member organizations, it implies an inherent lack of impartiality.
Other details are not specified in the appeals procedure that are necessary to avoid vulnerabilities in the PDP, for example, it does not specify a deadline for submitting an appeal.
Therefore, it is essential to separate these functions —ratification and appeals— like other RIRs do (in different ways).
Current text5. Appeals process
In case of disagreement during the process, any member of the community must initially bring the matter to the Public Policy List for consideration by the Chairs.
Alternately, if any member considers that the Chairs have violated the process or erred in their judgement, they may appeal their decision through the Board, which must decide the matter within a maximum of four weeks.
3.6. LACNIC Board
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• If a decision of the Chairs is appealed, the Board must decide the appeal within a maximum of four weeks.
New text5. Appeals process
In case of disagreement during the process, any member of the community must initially bring the matter to the Public Policy List for consideration by the Chairs, within a maximum of four weeks.
After this four-week period, if a response is not received from the chairs resolving the disagreement, an additional four-week period will be allowed to formally appeal through the Public Policy List.
Once an appeal is received, LACNIC, who will provide the secretariat function for the entire appeal process, will have two weeks to call for volunteers for the Appeals Committee, which must be formed within a maximum of four additional weeks. Exceptionally, this four-week period may be extended if there are no volunteers.
The Appeals Committee will consist of an odd number of community members, no fewer than three, selected strictly based on the order of the presentation of their candidacies.
Candidates must not be members of the Board of Directors or any other committees, serve or have served as chairs, or be RIR staff members. Furthermore, they must not have participated in the discussion of the proposal in question but are required to be active participants in the PDP.
Once the potential Appeals Committee is announced, the appellant will have one week to raise any challenges against the candidates (following the principles of Uruguayan law*). If necessary, a new call for volunteers will be made to complete the Appeals Committee.
Throughout the appeal process, the PDP will be temporarily suspended for the proposal under appeal until a decision is reached by the Appeals Committee.
The Appeals Committee will reach a final and binding decision by consensus within a maximum of four weeks. This decision may disapprove the chairs’ actions and, if applicable, resume the PDP with respect to the appeal presented, reversing the decision of the chairs to the extent necessary.
* Article 325 of the General Code of Procedure (CGP) stipulates that any verifiable circumstance that may affect the Judge's impartiality, such as interest in the process, personal relationships with the parties or their lawyers, or expressing a specific opinion on the case before rendering a decision (prejudgment) may be cause for recusal.
3.6. LACNIC Board
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(Delete the following: “If a decision of the Chairs is appealed, the Board must decide the appeal within a maximum of four weeks.”)
Additional information-
Timetable-
References-
Presented at:LACNIC 41 (08/05/2024)