[lac-discuss-en] Residency Requirement for LACRALO Rep to ALAC

[Carlton Samuels]

I was planning to remain above this controversy but I am overcome by events.

Regarding the matter of participation in meeting, location is hardly an
issue.  After all, most LACRALO meetings are held in cyberspace!  Secondly,
meetings are based on the open meeting principle; *Any* and *everyone* can
participate in any LACRALO meeting from *anywhere* on the planet, certain
conditions applied.

Now, to the matter of representation.  There is a residency clause for
qualified candidates. Here's the relevant text from Clause 8 of the LACRALO
Operating Principles, as adopted:  "The selected representatives shall be
members of various ALSs, have their main places of residence in countries
of the region,and their nationalities must be distinct."

Here's the thing. The context is not only about the qualification for
service but also the *term* of service.  This is the sub-clause of critical
importance: "have their main places of residence in countries of the
region.."

Note the plural form!

You may not read Clause 8 in serene ignorance of or disconnected from the
contents of the following Clause 9.

At the time when these Principles were being developed, I can recall a lot
of argumentation on whether the word 'domiciled' should be used.  Like it
or not, these are legal documents. We continue to struggle with a common
understanding of terms, a situation that is due to differences in our
socialization.  The common law understanding of the term, the Caribbean
understanding, is different from the civil law understanding, typical of
Latin America.

As it turned out, we though the term 'main *places* of residence' would be
clearer.

To argue interpretation absent context is, at best, a contribution to
noise.  Make a careful reading of the evidence trail extracted in such
great detail by the LACRALO Chair.  Then assess in context of the
Principles.

On balance, the arguments that the member from Chile is a qualified
candidate from LACRALO to the ALAC cannot prevail.

- Carlton Samuels

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Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
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