[lac-discuss-en] REMINDER - TODAY / LACRALO Costa Rica Events press conference Working Group on Thursday March 1st, 2012 at 20:00 UTC

Sat Mar 3 05:30:25 UTC 2012

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 Subject: Re: REMINDER - TODAY / LACRALO Costa Rica Events press conference Working Group on Thursday March 1st, 2012 at 20:00 UTC 
 From: fatimacambronero at gmail.com

 Dear, 

 Yesterday I could not participate in the teleconference (apologies Jospresentmis 
 the time of initiation of the same). I like to do some Asque 
 comments have to do with the points, which from my point of view, 
 were treated yesterday, and that deal specifically with the 
 realization of our General Assembly in Costa Rica and points of 
 Order of Daa be included. 

 There are some points that I will leave out, trying to be as brief ms 
 possible. 

 Some people expressed confusion about some points. I'm going 
 placing the name of the speaker before and after my comment. 

 * Carlton *: There are several issues. 

 First, whether to treat the choice at the beginning or end of the Assembly 
 General. 

 * Fátima *: If you see the order of Da of the proposed agenda for the AG, the 
 choice of the President and Secretary, Estal beginning of it, and within 
 and General Assembly, after electing Assembly Official 
 General roll call of delegates present ALS, control proxies 
 and have adopted the Agenda or Order of the proposed Da. 

 This is not whimsical. It aims to achieve a General Assembly 
 orderly, and obviously the choice of these officers is to be performed 
 * Operating with the Principles and Rules of Procedure in force *, which are 
 the only ones that we can grant rights and impose obligations on a day of 
 today. The other is a proposed amendment, no legal value to date. 
 Adopcin discusiny missing (or not) by the AG, the only sovereign to 
 take such decisions. 

 Again, this proposed Order of Da, has the intention of this 
 matter not be mixed or pay down any confusion to the issue 
 of discusiny adopcin (or not) of the proposed amendments to the Principles 
 Operating LACRALO. 

 * Carlton * And if they will do basndose the Statute or Rules 
 existing Procedure. 

 The term we use Statute or Rules of Procedure 
 interchangeably. Then we have to determine cules Sern Rules 
 Procedure, and whether to do on quReglas of Procedure. 
 So it should be clear about this. 

 * FÃ¡tima *: If you use it is either a habit, bad 
 acquired and is misleading. 

 LACRALO official documents, published on the website LACRALO ( 
 https://community.icann.org/display/LACRALO/LACRALO+Organising+Documents) 
 both the version in Spanish and in the version in English, apart 
 clearly between: LACRALO Operating Principles and Rules of 
 LACRALO procedure. 

 In no time there was confusion on our part in the proposals 
 made. We are aware that discuss the proposed amendments on 
 Operating Principles, will be something that will take a long time, 
 which clearly decided not to try anything at this time referred to 
 our Rules of Procedure.

 Both in the e-mails to the list of discussion, as in 
 attached proposed amendments, the expression is utilizsiempre 
 Operating Principles. In no time Our proposed amendments to 
 Rules of Procedure. Please check the mail sent to the list 
 including the proposed Amendment to the Operating Principles as 
 Agenda or Order of the proposed Da. 

 * Carlton * In all these years there was no clear understanding of what 
 established in the Rules of Procedure regarding the election. 

 The Rules of Procedure are clear. 

 Second, by QUNO is a requirement for the Legal Department 
 ICANN to adopt our Rules of Procedure. All the rules 
 are completed or terminated once we have the view of the Advisory 
 Counsel. 

 * FÃ¡tima: * And sought QUNO Adoption of the Law Department 
 ICANN Mxico General Assembly, when they decided to incorporate 
 President of LACRALO figure, which immediately approved the 
 two paragraphs shall added to the end of Principle 4 of the Principles 
 Operating, is the choice of the President proceeded LACRALO? 

 * Carlton * But this is not as. So if there is a vote for votacino 
 change the Statutes or Rules of Procedure, and these votes are 
 quorum, are legal, we can not do anything with the new rules until 
 Counsel or the Legal Department of the ICANN approves. 

 * FÃ¡tima: * In official qudocumento LACRALO say that? That does not estni in 
 Operating Principles or Rules of Procedure. The MoU between 
 ICANN and the techniques LACRALO amendments is referred to 
 amendments to the MoU, in Section 6.3.1. (Stating that debern be 
 in the General Assembly of LACRALO), but at no time states that 
 to take effect, debern be approved by the Department 
 Legal ICANN.Therefore, even by analogous to the document 
 LACRALO creator, comes the requirement of the Department sujecin 
 ICANN's legal for an amendment has legal value. 

 Moreover, this alleged requirement of approval of amendments by 
 ICANN's Legal Department, clearly contradicts with the 
 happened in the General Assembly Mxico 2009. For QUNO gave 
 intervencin ICANN's Legal Department when decidimodificar the 
 Principle 4 of our operating principles, incorporating the figure of 
 President of LACRALO, when the person who leads it General Assembly 
 LACRALO was fifth l met this requirement? So this Modification 
 is added in Mxico vlida, estvigente not, is illegal, go 
 against a requirement of no knows where? 

 Also, refer to an email in which I respond to Vanda on the subject of 
 ICANN lawyers. Ahexpresque if necessary we will consult 
 these lawyers, but for the moment (drafting of the proposal 
 amendment) necesitbamos not as participate in LACRALO 
 many lawyers as volunteers.

 I agree to seek advice to ICANN's Legal Department, 
 once we have approved. 

 And I liked this mail make a formal request and ask 
 the Secretary of LACRALO to arbitrate the means to make this happen. * Request 
 algnoa invite some members of ICANN's Legal Department 
 Observers of our General Assembly. I would like to ask in addition, that 
 consult all members of LACRALO if they're under this 
 request or not. And if necessary, use all means to 
 votacin make a decision about it and according to the will 
 majority of our RALO. * 

 * 
 * 

 * Carlton: * It must be understood by the members that if you have 
 an organization that estregulada and limited by the rules, it should be 
 as. It must first learn, self has to learn, and 
 which is more challenging, need to understand the meaning of these rules. 

 * FÃ¡tima: * S, I totally agree.And I add, especially 
 must be informed and trained those who hold positions 
 leadership and lead the destinies of RALO. 

 To these people this I, as a member of LACRALO, I demand 
 transparency and clarity in its manifestations, both written and 
 oral. Anyone familiar with the Operating Principles and Rules of 
 LACRALO procedure and no capacity to transmit 
 properly, without a cause confusion among members of 
 LACRALO, and not get tired of explaining them as often as necessary, 
 for me, this leadership must be analyzed. 

 * Carlton * Qurum to the General Assembly said that the Rules of 
 Procedure will require 50% of all accredited ALS, 50% more 
 a. 

 * FÃ¡tima: * When referring to the ALS accredited estdiciendo 
 ALAC accredited as ALS or credited to the General Assembly. 
 Because the Rules of Procedure in Section 6.1., Provide: 

 * Rule 6 - Qurum

 6.1 The quorum consistiren the simple majority of ALS credited against 
 referred to in Rule 1.1 and that are present and represented in the 
 Assembly. * 

 * 
 * 

 As is clear from this Rule, the quorum required for the 
 General Assembly to sit vlidamente is of the simple majority of the 
 * Acreditas ALS present and in the Assembly *. Not accredited to ALAC. 

 On the issue of election of President and Secretary of LACRALO, esttbNL&gt; specifically included in the proposed Agenda or Order of the Day of the 
 General Assembly. * Request the Secretary to make the call 
 nominations, to be held in the Assembly elections 
 General of Costa Rica. * If you make that call for nominations, 
 Secretary estarincumpliendo its obligations, which are only 
 and administrative information, and estardecidiendo (when that is not his 
 function) against expressed by several members of LACRALO.
 Again, if it is not clear that this is the will of many members who 
 expressed openly put for the realization of elections 
 President and Secretary in our General Assembly in Costa Rica * 
 formally requested to submit the proposed Agenda or Order of 
 Da, to the vote of all members of LACRALO. * 

 * 
 * 

 In relacina the time to make this call for nominations, 
 I have no very clear quel current President and Secretary 
 decided not to meet the deadlines established by our rules 
 Procedure and extend them all until Monday March 5 for all 
 modems procedural issues, and QUNO can apply the same 
 extension to the call for nominations for President and Secretary. 
 Culture is the criterion used to implement this discriminacin of 
 exceptions? 

 Another point I would like to comment on the meetings of construction 
 consensus.As you know those who regularly participate in our 
 monthly teleconferences (and we have been taking every Thursday 
 connection with events in Costa Rica) at first I was not very 
 sessions according to the construction of consensus (or Working Sessions) 
 proposed. 

 In the last days cambide opinion. And I'm looking forward to 
 time comes for the sake of transparency that should exist in 
 all organizations serious (or pride themselves on such) and the respect 
 must prevail for all members of the same (whether they are 
 participating for 5 days or 5 years), I think that will be a 
 excellent experience, so that together we listen, and express 
 freely the reasons why you believe our RALO 
 through this crisis is growing. 

 It is not necessary for someone estdesde the beginning of RALO to 
 review, much less to learn, manage, observe and enforce 
 our Operating Principles and / or our Rules of Procedure. The 
 lack of knowledge, be recovered, with reading and study, with 
 dedication, time and patience.The lack of respect for the principles 
 Operating Procedure and Rules, are not correctable or over 
 time and with all the patience in the world. 

 Regards, 

 FÃ¡tima Cambronero 

 - 
 * Fatima Cambronero * 
 Attorney-Argentina 
 Director of Research 
 * Argentina * AGEIA DENSI 
 http://ar.ageiadensi.org/ 

 * @ Facambronero * 

 * Join the LACRALO / ICANN discussions: * 
 https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es 
 _______________________________________________ 

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