[lac-discuss-en] =? Windows-1252? Q? Consulta_a_la_Regi = F3n_-_Elecci? == Windows-1252? Q? Ones_ALAC_!? =
cveraq at gmail.com
cveraq at gmail.com
Thu Aug 9 13:52:23 UTC 2012
[[--Translated text (es -> en)--]]
Subject: Re: =? Windows-1252? Q? Consulta_a_la_Regi = F3n_-_Elecci? == Windows-1252? Q? Ones_ALAC_!? =
From: cveraq at gmail.com
I understood that Humberto had accepted the impossibility of participation. Otherwise wait for its delivery and support.
I do not see any attempt to restrict any participation. I see an exhibition of a colleague and friend and a discussion about it.
Carlos Vera
ISOC Ecuador
----- Original Message -----
From: Gilberto Lara <galara at conexionelsalvador.org>
Sender: lac-discuss-es-bounces at atlarge-lists.icann.org
Date: Thu, 09 Aug 2012 7:18:52
To: <lac-discuss-es at atlarge-lists.icann.org>
Subject: Re: [lac-discuss-en]
Consultation to Regin - Elections ALAC!
Respecting the request not to speak out while Humberto l not
answer, I just want to ask:
Should not a candidate Humberto finally, giving habrposibilidad
a time to see if anyone more out as a candidate???Personally
I think a trio of 3 was excellent choice for tuviramos
with more options.
Regards,
------------------------------------
GL
www.conexionelsalvador.org
On 08/09/12 00:37, "Humberto Carrasco" <hcarrascob at gmail.com> escribitbNL>
> Dear all:
>
> First of all, let me say that I am not at all upset with
> Planning. The only thing criticism is to be done with such little
> Time to respond before the meeting of the day. No sermuy
> Little time to prepare an appropriate response?
>
> Anyway, I will answer today.
>
> I find it absolutely necessary to do this question to the region
> To leave no doubt that if I meet with the conditions laid for
> Be a candidate. Although I want to win for the secretary "as they say
> In Chile, "I'll try to explain the solids basis jurdicos
> Because I completely disagree with this requirement intepretacin
> That some do.
>
> The only thing I ask is to give me time to 18:00 UCT before
> Issue a opinin through the list. I do not have the ability to
> Defend or comment on this situation. Therefore, under the "Law
> To due process "so fashionable now given is that the time requested.
>
>
> So, those who do not express an, I ask, who do not
> Do until after my email issue.
>
> A hug
>
>
> Dear all:
>
> First of all, let me say That I am not upset With This issue. The only
> Criticism, Is That I have little time to respond Before The
> Teleconference of today. Do you think I have enought time to preparing an
> Appropriate response?
>
> However, I will respond today.
>
> I find it absolutely NECESSARY to ask This question to the region to
> Leave no doubt That I Comply With The Requirements to be a candidate.
> Although someone wants to win via secretary "as we say in Chile," I will
> Try to Explain the legal foundations I completely disagree with Because
> This interpretation.
>
> Please, give me time Until 18:00 UCT Before the review to send an
> List. I did not Have the Opportunity to defend or Comment on this
> Situation before. THEREFORE, under the "the right to due process" so
> Fashionable today, in latinamerica, I request this Time.
>
>
> THEREFORE, If You have not send your opinion regarding to the This Issue
> List, I beg you, please wait until my reply.
>
>
> A hug
>
>
>
>
> On 8/9/2012 1:00, Maple JosFrancisco escribitbNL >>> Dear,
>>
>>
>> I am writing this time to participarlos in a situation that
Is >>
>> Has occurred in the past weeks in LACRALO concerning the situation of
Humberto Carrasco >> running for ALAC member, having its
Home >>
Edinburgh >> current and possible conflict with the principles
Operating >>
>> LACRALO in rule # 8 (cited below).
>>
>>
>> I have received mail from ICANN Staff even referring to this
Situation >>
>> Particular, and several emails from members of the region concerned and
Doubts >>
>> About prximas elections. And it has become an issue
Deserves >>
Discusiny >> the knowledge of the region.
>>
>>
>> Before sending this email, I had a chance to talk personally with
Humberto >> and shares the idea of \u200b\u200bdiscussing among all this situation.
>>
>>
>>
>> Of all consultations and talks I've had a summary of the arm
>> Situations and general concerns and share them with you to
That >>
>> Have a say.
>>
>>
>>
Greetings >>
>>
>>
>> JosArce. -
>>
President of LACRALO >>
>>
>>
>>
>> * Location * Humberto Carrasco
>>
Humberto >> estviviendo in Edinburgh, Scotland, and estestudiando a
PhD >> University of Edinburgh.he himself has expressed this
Enviun >> situation where electronic mail to the list of discussion of
LACRALO >> accepting the proposal as representing nominacin LACRALO
ALAC >> before.
>>
Http://atlarge-lists.icann.org/pipermail/lac-discuss-es/2012/004678.html >>
>>
Also there >> e-mails in the list of discussion LACRALO
Where l >> prompted to call for a conference of LACRALO
Where >>
Provides a phone number >> of Scotland to receive the call.
>>
Http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html >>
>>
In addition on page >> personal Facebook, where each user
>> Provides the data you want to provide a voluntary basis, Humberto has
Expressed >> living in Edinburgh, Scotland.
>>
>> https://www.facebook.com/humberto.carrasco.376
>>
>>
>>
>> <http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html
Also >>>
>> On his personal Facebook profile, Humberto has said that comenzsus
>> Studies at the University of Edinburgh in the year 2011.As is
Audience >>
>> Knowledge, studying a PhD in whatever branch, consuming
>> More than a year of study, it is inferred that still >>> living esttbNL
>> Studying in Edinburgh and his Ph.D. at the University of Edinburgh.
>>
>> https://www.facebook.com/humberto.carrasco.376/info
>>
>>
>>
>> * Residency requirements for a PhD study at the University
Of >>
>> Edinburgh (Scotland) *
>>
>> In the link that accompanies the detailed residence requirements
For >>
>> Studying a PhD in Edinburgh in the field of
Telecommunications >>
Humberto >> as estrealizando.
>>
Http://www.drps.ed.ac.uk/08-09/regulations/postgrad.php >>
>>
These requirements >> contained in section 4 requires that the
Candidates >>
PhD >> a * must maintain their residence in Edinburgh ** During the period of
Study >> * (in doctorates have a minimum of 3 years of duration) unless
That >>
>> A leave of absence has been allowed.* Means
Home >>
Edinburgh >>: residence in the city of Edinburgh or in their
>> Nearby,
Candidate >> and proximity to Edinburgh, to allow ease of
The >>
>> Face to face meetings with their supervisors and study, led by
>> Supervisor and approved by the Faculty *.
>>
This document >> Edinburgh University also provides the
>> Possibility of residence elsewhere for PhD candidates to
Purposes >>
>> Fieldwork and research acadmicas but not exceeding the
>> Within 15 months, but must reside at least 9 months
The >>
Duration >> of his PhD in Edinburgh. To use this
Possibility >>
Debern >> candidates obtain written authorization from the Director
Of >>
Faculty >> and the need to maintain regular contact with their
>> Own supervisor.
>>
>> Permits for reasons other than field work or
Research >>
>> Acadmicas, Sern exceptionally granted by the Faculty.
>>
Requirements >> * LACRALO representatives to ALAC *
>>
>> The first rule that we must go is to our Principles
Operating >> LACRALO, which have covered this situation so
>> Express, exhaustive and clear.
>>
>> In case there are gaps in this subject in our Principles
Operating >>,
Freshly >> ahse must resort to external rules such as Rules
ALAC >> procedure, and then freshly ICANN's Bylaws.
>>
Rules of Procedure >> ALAC have nothing planned for this
>> Issue. The ICANN Bylaws relating to the residence, but only
>> Regarding the Directors of the Board and to comply with the requirement
>> Of the
Estcontemplada >> regional diversity and expressly required
For >>
>> To become members.
>>
* >> * Operating Principles LACRALO
>>
Operating Principles >> LACRALO have in principle number 8,
First paragraph shall >> referred to LACRALO representatives to ALAC
So >>
>> States:
>>
>> 8.The LACRALO elect two (2) individuals to serve as
Representatives >>
>> To the At Large Advisory Committee (ALAC), in the terms that have been
>> Specified in the ICANN Bylaws. Only those that have ALS
Been >>
Accredited before >> votacin, podrn vote in the choice. Each ALS
Tendrderecho >> accredited to one vote. The representatives selected *
>> * Must
>> Be members of different ALS, * shall have their place of residence
Main >> in different passes of the region *, and their nationalities must
>> Be different. Tendrna representatives responsible for the
Responsibilities >>
>> Specified in the statutes of ICANN. *
>>
>> https://community.icann.org/download/attachments/2264378/Principios%2520O
Imperatives >> 2520la%%% 2520de 2520LACRALO% 2520Rev1% 2520 -% 220ES% 2520.pdf? Version
>> = 1 & modificationDate = 1283972736000
* >>
>>
>>
>>
* >> Interpretation of ICANN's lawyers *
>>
Sam Eisner writes >> =>
>>
STARTS ** >> **
>>
>> The LACRALO may wish to Consider how issues of diversity are discussed This
In >>
ICANN Bylaws >> the Purposes of Determining for the domicile / residency:
>>
For Purposes of This >> sub-section 2 of Article VI, Section 2 of
ICANN >> the Bylaws, if Any candidate for Director Maintains citizenship of
>> More than one country, or Has Been domiciled for more than five years
>> In a
Which >> country of the candidate does not Maintain citizenship
>> ("Domicile")
That candidate may be >> Deemed to be from Either country and must-select
In >>
>> His / her Statement of Interest the country of citizenship or Domicile
That >>
>> He / she wants to use the Nominating Committee for Diversity Calculation
>> Purposes.For Purposes of This sub-section 2 of Article VI, Section 2
>> Of
ICANN >> the Bylaws, a person can only have one "Domicile," Which Shall be
Determined by >> Where the candidate has a permanent residence and place of
>> Habitation.
>>
There are >> Considerations of issues of citizenship (Which do not seem to
Be >>
At issue >> With This candidate) and WHERE I lives. The NomCom
Requirement >>
>> Sets a 5-year window Which Could allow for items Such as schooling,
>> Etc..
>> The LACRALO may wish to Consider Whether a school's Requirement That a
Matriculant >> live near the school to weitere historical education equals to
Requirement That the matriculant >> no longer Maintain Any sort of
Residence >>
They >> elsewhere and may wish to Discuss this With The Candidate Before
Taking a decision on >> Whether the candidacy is viable. Whatever
Decision is >>
>> Taken, I would recommend getting a full view of the facts from the
>> Candidate, and not basing a decision on independent internet FULLY
>> Research.
>>
>> I do not see in the document ops ALAC That There's Any discussion of
Requirements >> residency, so I do not see a conflict there.
>>
ENDS ** >> **
>>
>> In the consultation ICANN's lawyers express the statement
>> Above. Although they forget that when the situation presented esttbNL >>> expressly provided in our bylaws, we must turn in
>> First them. In addition refer to the elections office
Of >>
>> NomCom, which are governed by rules different from LACRALO.
>>
>> In this case, we are looking to choose for the region, a representative
Of >>
LACRALO >> to ALAC. It must apply the rules governing our
>> Region, not the NomCom. The NomCom is aplicarn when choosing
>> Candidates for office, it is not our case.
>>
Apply >> strange, strange rules * JURISDICTION affect independence and
Autonomous >> RALO must have: the ability to dictate their
Own >>
>> Laws and abide by them *.
>>
* >>
* >>
>>
* How should >> interpret the residency requirement? *
>>
>> Legally, the residence comprises two elements: the * body * and
* >> * Animus.
>> I mean, physically be in one place (with the body of the
Person >>
>> In that place, living in a particular place) and in addition such person
Should >>
>> Make the intention, the * animus *, to remain there.
>>
The documentation >> acompaada demonstrated that Humberto Carrasco,
>> Lives, resides, has his * corpus * in Edinburgh and in addition has the
>> Intention (the * animus *) to remain there, because it is an
Is >>
His Ph.D. >> studying and living in finalizing debercontinuar
>> Edinburgh, as required by the regulations for residence
PhD >> University of Edinburgh.
>>
In addition >> is proper and nature of the residence, a person not
WHO >> residence can have two in different places and at the same
>> Time,
>> Mainly because a person only has a body.It
>> Say, in our case, Humberto can not have their residence, live in
Chile >> Edinburgh and at the same time.
>>
Also >> come in to help determine the residence of individuals,
>> Generally in the tax laws of each country.
Because >>
>> Is meant as a general rule that all citizens are taxed in the
>> Country where they live or have their principal residence. Except
>> Exceptions,
>> In which a person living in a given an pas, taxed debertbNL >>>
>> In another country, if the latter has source of income.
>>
>> If it is held that Humberto has a residence in Chile, we use the
Sharee'ah tax >> that country, especially that relating to
Tax >>
>> On income from property in Chile or
Activities >>
L >> developed, ie Chilean source.
>>
Chilean sharee'ah >> For the residence time refers to the
>> Tax purposes to:
>>
>> * "Resident" means any natural person to remain in Chile more than six
>> Calendar months in a year, WHO six months in total, in two
Consecutive tax years >>, *
>>
>> So, we must ask, assuming that a person does not
Can >>
>> Have two different residences and at the same time, if resident in
>> Chile means being more than six months in the country, and on the other hand,
Home >> regulations of the University of Edinburgh, will require
Humberto >> live in Edinburgh or its vicinity during the period
Their >>
>> Studies, how may reside at the same time in Chile and Edinburgh?
>>
* >>
* >>
>>
* >> The point to be discussed is (from my point of view): *
>>
>> It fails the residency requirement to establish the Principles
Operating >> LACRALO * have their primary residence in
>> Different passes of the region to have Humberto Carrasco currently
His >>
>> Residence in Edinburgh? *
>>
>> I hope we can discuss this issue to make clear our
>> Processes.
_______________________________________________ >>
>> Lac-discuss-en mailing list
Lac-discuss-es at atlarge-lists.icann.org >>
>> https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es
>>
Http://www.lacralo.org >>
>
> _______________________________________________
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>
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>
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