[lac-discuss-en] Importance and respect to the ICANN-LACRALO regulations - Selections of chair of LACRALO

Thu Mar 26 09:16:07 CDT 2009

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Subject: Importance and respect to the ICANN-LACRALO regulations - Selections of chair of LACRALO
From: jlaureano at aui.pe

Distinguished members of LACRALO - ICANN, 

 It wanted to refer to me, yet respect, once again to the importance of respecting the legality that governs the institucionalidad of the ICANN and the LACRALO and these are not debilitated, in which corresponds to his norms, regulations and procedures for his processes of selection of his representatives. I have read with attention following documents:  

Regulation of the General Assembly of the United Nations  
A/520/Rev.17.     

The ordinary rules of procedure for the meetings of  
the deliberative organisms of  
LACRALO.     

Internal rules of procedure of the ALAC 

Ordinary regulation of World  
Heritage - UNESCO   
In all of them, one ***reflxes mng clearly the procedures thatare due to carry out in the meetings, step by step, mainly for the meetings that they have to see with the election processes and for that reason I want to emphasize its importance, because they are in his essence those that sustain to the existence and existence of all we in LACRALO - ICANN. 

After following the mail on this thorny subject, I have returned to read the regulations and they have appeared me the following questions, which I aspire are been responsible for the illustrious lawyers who compose this community, in special by Mr. Carlton Samuels,person in charge like ex--official president of the selections for theLACRALO chair: 

1. If the appointment of the official president is made in assembly and its appointment concludes to the closing of the same one, as it says the rules established in all the documents that are indicated: Because Mr. Carlton Samuels still thinks that she is official president and he can name a new President, after more than 20 days of to have raised the General Assembly? 

2. By the previous situation, Mr. Carlton Samuels can, to summon to selections for Secretary of the LACRALO. If in no of the election regulations, he is mentioned that an ex--official can summon to selections, That that power has authorized him to summon to selectionsto the secretariat. The General Assembly of the 02 of March (that has been claudurada for more than 22 days) in which moment this Assembly has authorized to him has to summon to later selections to its rise?  

3. Mr. Carlton Samuels, has been chosen official president in General Assembly of the 02 of March, the official president adjourns to the session closing the meeting, if its appointment concludes with her andit has not been left an agenda point because it summons to selections for secretary. I have not been able to read in any of the regulations that are indicated, something on the matter, I will be mistaken? 

4. Who has declared the vacancia of secretary of the LACRALO? It has resigned or revoked Mr. Andres Seat? if it is that one stays the results of the Assembly of the 02 of March. 

5. All the procedures and regulations in these documents mention that in General Assembly, the consensus in a list looks for, of not obtaining it is summoned to selections, register the candidates, vows,process the votes, it announces the winner and in the same act it recognizes its new authority. Because some members of the LACRALO, want to not know this procedure? Because to insist on naming a nonelect president in general assembly? because to summon to new selections, that summon them? the ex--official president whereupon faculties, whereupon to be able, who gave it, an assembly that legallyalready closed all the points of its agenda? 

6. An important point that they indicate the norms has been that all the civil employees choose themselves in General Assembly, this already was closed for more than 20 days, now if the secretary of the LACRALO is a civil employee, can an ex--official (then its appointmentconcludes with the closing of the Assembly) summon to selections?  

I want to express my respect to Mr. Carlton Samuels, to Mr.s Andrés Saline Plaza and Sergio, is clear that they have an important roll that to fulfill, and a great responsibility that to assume, would not have none to happen through this if it had followed the norms, procedures and regulations, but I want to give objectivity to my appreciations, I do not know as it will be the outcome of this subject, but very I am convinced that to respect the procedures and regulations that govern the institucionalidad of ICANN and the LACRALOit is the best guarantee than we will not be contravening the fundamental reasons of its existence and our existence. 

I will be been thankful very if the gentlemen lawyers who conform thisworthy community can clarify these questions, so that this can be explained to the possible brevity. 

Kindly, 

Ing. Johnny Laureano 
     Pdte. AUI PERU 

Of: "Johnny Laureano" <jlaureano at aui.pe> 
Envoy: Sunday, 22 of March of 2009 12:55 
It stops: lac-discuss-es at atlarge-lists.icann.org 
Subject: Position of AUI PERU on the selection of chair of LACRALO  

Distinguished members of the LACRALO,  

 I want to express my to them more warm greeting and also to show ours  
preoccupation before the facts and declarations that comes provoking due to  
the prolongation of a "individual error", according to own manifestation, of  
ex--secretary and ex-president of the process of selections, to choose to ours  
authorities of the LACRALO, carried out in magna General Assembly the 02 of  
March last in Mexico. On the matter, the Association of Users of Internet of  
Peru (AUI PERU) in his to have like ALS of this community, expresses its opinion and  
position sustained in the principles, regulations, documents and  
procedures that govern the institutional life of ICANN and theLACRALO:   

Regulation of the General Assembly of the United Nations  
A/520/Rev.17.     

The ordinary rules of procedure for the meetings of  
the deliberative organisms of  
LACRALO.     

Internal rules of procedure of the ALAC 

Ordinary regulation of World  
Heritage - UNESCO    

It is invoked indifferently to the articulated ones of these documents, every time  
perfectly they are known by all the members of the LACRALO.  

 Position 1: Respect to the functions and  
attributions of the President of the GA for the selections:   

 Article 4 - Functions of the President   

4.1 Besides to exert the attributions that are conferred to him in others  
dispositions of the present Regulation, the President will open and raise each  
plenary session of the Assembly. 

Rule 2 - Selection of officials   
2.1 The Assembly will have  
to choose a President, at least two (2) vice-presidents and a judge   
ponente, by simple majority of the total of the ALSs present that  
vote. These   
appointments will stop being valid once it rises  
session of each Assembly   

General, unless the Assembly determines the opposite.    

 Position of AUI PERU:  
Assembly for the selection of the President of the LACRALO wasmade the 02 of  
March. The appointments like officials or president of selections, left  
of being valid in this same date, all its later acts invoking that  
position is NULL.   

Position 2: With respect to the announcement of the results of the selection and  
the proclamation of the decisions of the General Assembly:  

 14.11 The President will announce the results of the selection.  

 AGNU: The Chief of a main directorate will direct the debates, will guard by the fulfillment  
of the present Regulation, he will grant the word, he will putunder voting the subjects and  
he will proclaim the decisions.  

Position of AUI PERU: In  
valid process, without vices nor claims was come to the selection, soon of  
count of the votes in General Assembly, announced the triumph of a candidate.  
The president in exercise announced the Saline results and proclaimed Sergio  
I carry like president of the LACRALO. The made proclamation is due to respect  
in the General Assembly of the 02/03/2009, this has been the decision of the Assembly  
General.  

Position 3: With respect to the decision of reconteo of the votes,  
later to the General Assembly of the 02 of March 2009.  

Article 9 - Motions of procedure   

9.1 In the course of a debate, any delegation will be able to propose  
suspension or the rise of the session or the postponement or the closing of  
debate.   

9.2 The proposal will be put under immediately to voting. Without damage of  
Rule 8,1, such motions will have precedence, in the following order on all  
the other presented/displayed proposals or motions:   

(a) suspension of the meeting;   

(b) the rise of the session;   

(c) postponement of the debate on the question in debate;   

(d) to close the debate on the question in debate.  

Position of AUI PERU:  
Assembly rose according to the procedures and effective regulationses.  
The president stops in functions for election processes. He did not have  
pending postponement of selections, claims, nor subjects respect to  
selections to the LACRALO. There was proclamation of winner ofthe selections Sergio  
Salt mines I carry, adjourned the meeting of the GA.   

Position 4: Respect to the "continuity of the functions" of  
ex-president to declare a new winner of the selections of  
LACRALO:  

Rule 2 - Selection of officials 
2.1 The Assembly will have to choose to  
President, at least two (2) vice-presidents and a judge 
ponente, by majority  
simple of the total of the ALSs present that votes. These 
appointments will leave  
of being valid once the session of each Assembly rises 
General, a  
less than the Assembly he determines the opposite.   

Position of AUI PERU:  
General assembly has not ordered to the ex-president to continue with  
election process for the authorities of the LACRALO. Their functions conclude  
with the proclamation of the winners and when raising the session of magna  
General Assembly. The acts derive in NULL but it must be ableeffective, later  
to the 02 of March. The General Assembly has not conferred him powers to rectify  
its decisions and to not know to its Authorities chosen in General Assembly. His  
faculty to proclaim winner of the selection of the president of the LACRALO is  
limited the power granted by the General Assembly, the same one that rose  
02 of March of the 2009.  

Position 5: The Institucionalidad like  
value of order and progress   

10.8 The recently elect civil employees will assume their positions to the closing of  
the annual General Meeting. In case the selection is made between  
annual general meetings, the mandate will begin as of the date in which  
they announce the results.  

10.12 The civil employees at issue will continue carrying out their position with  
permanent character until a valid result has been obtained in  
selections and a new civil employee chooses itself.  

Position of AUI PERU: The gentleman  
Sergio Saline I carry, fué proclaimed president of the LACRALO, thus has been  
recognized by all in the General Assembly celebrated the 02 of March of the 2009.  
Their functions are effective and total from that date, we recognize their mandate,  
until a new process of selections to president of the LACRALO, same that  
it will take in General Assembly.  

Finally, AUI PERU like member leaves from the structure of ICANN in  
the region renews its commitment to continue working by development e  
implementation of the policies of ICANN in our region, this sense  
it invokes to all to prioritize the collective interest on the personal interest in his  
decisions and actions.  

Kindly,  

Johnny Laureano  

President of the Association of Users of Internet of Peru - AUI PERU  

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