[lac-discuss-en] Waiver LACRALO nomination as representative toALAC

Thu Aug 23 21:44:03 UTC 2012

Alberto,

Exactly where are you? You agree with both positions it seems. If I am 
reading Fatima correctly, she is clear that Humberto's nomination is within 
the rules. Further, if I am reading her correctly, she is saying that 
LACRALO is trying to use a majority to breach the rules.

A member of this list reminded me today that this was the same thing some 
tried to do at the GA in CR; use their majority to breach the rules and have 
the elections at the GA. This was basically defeated by the Caribbean 
members, even though a minority.

These two scenarios establishes a pattern of behaviour. I personally find it 
distressing that such behaviour is allowed to prevail within LACRALO to the 
point of a vote designed to circumvent established rules. Of course, if this 
vote denies Humberto's nomination, the rules will have to be re-written to 
reflect the decision and with all my might I shall insist that the rules are 
amended.

There is no doubt that LACRALO or any RALO can make their rules tighter than 
ICANN rules. If it is that we don't want any representatives to be outside 
the region for any amount of time, then we can say this and state it too. If 
Humberto spends 4 months out of every year in Chile to complete his studies, 
I am not sure that equals residence outside the region. So there is nothing 
wrong with a vote to change it. However, this will effectively change the 
rules and more than that, change the intent of the rules on this matter to 
the point where anybody who has to travel outside the region often or spend 
months at a time outside the region, can be challenged as a candidate. This 
is the backlash that will be felt.

Trying to change the rule makes the rule quite unreasonable and I dare say, 
unwanted and cumbersome. I would wish you to qualify your talk of 
unwarranted attacks and if you are referring to me, I would like you to 
point out where in my e-mails you see unwarranted attacks... but this way of 
trying to sully characters so that an illegal act can prevail is out of 
place.

Personally I have said that the Chair is just not competent for the role. I 
said it in CR and I will say it again and if you check the votes you will 
see that I abstained because, for me, he had already demonstrated his 
incompetence in CR. I have no apologies for saying so. He may be competent 
in other areas, but not when it comes to interpreting and applying the 
rules. If a Chairman can't get a meeting past the agenda after 4 hours, what 
kind of chair is that? I suppose that I am being disrespectful, but if 
telling the truth is disrespectful, then I will always be disrespectful. I 
therefore plead guilty with the explanation that the evidence will bear out 
that what I have been saying is fair comment and you can take me to the 
cross on that charge... but don't expect me to be silent and don't expect 
that I will not express outrage at such attempts to circumvent the rules.

ROK

-----Original Message----- 
From: asoto at ibero-americano.org
Sent: Wednesday, August 22, 2012 11:39 PM
To: lac-discuss-en at atlarge-lists.icann.org
Subject: Re: [lac-discuss-en] Waiver LACRALO nomination as representative 
toALAC

[[--Translated text (es -> en)--]]

Subject: Re: Waiver LACRALO nomination as representative to ALAC
From: asoto at ibero-americano.org

My first comment to Fátima: decisiny really surprises me is the
I deeply regret, because by and DEV mritos of yours, tendramos
Reida and excellent eleccin one. I think it's the first major noticeable 
loss
This election act. I know and understand, ysque is unwavering.

For the rest of the list and the recipients: the loss previously
mentioned, we must add another loss, as serious as the first, which
says Fátima and the subject of his resignation: &quot;violate what 
specifically requests
one of our rules of LACRALO. &quot;

You have unread review consequences of regulations, to hold opinions without
read the mails, and therefore no basis review, only basndose
direct attacks or irnicas.

And I would like to add something that I think anyone commenting and ms
the list already: without discussing jurdicamente if residence or
address, the requirement of Article 8 is quite logic: means the
esttodos one place where the DAS, and if not in the region, not
tendrel close and direct contact with users of the Internet, between
other things, and not necessary recycling existirel needed to
adequately fulfill the function.

I urge you to reflect on what has been done.

Regards

Alberto Soto

----- Original Message ----- 
From: lac-discuss-es-bounces at atlarge-lists.icann.org
[Mailto: lac-discuss-es-bounces at atlarge-lists.icann.org] In the name of 
Fatima
Cambronero
Posted on: Thursday, August 23, 2012 12:16 am
To: LACRALO Espaol; Olivier Crpin-Leblond, Cheryl Langdon-Orr, At-Large
Staff; Rodrigo de la Parra
Subject: [lac-discuss-es] Waiver candidacy as representative
LACRALO to ALAC

Dear members of LACRALO,

I am communicating with you in view of the last events
occurred in our RALO to inform the decision that I have taken.

SABRN As delegates of ALS have received their credentials for
vote and make a decision as a region. We must rule on whether the
cuestin candidate meets the requirement of Rule 8 of our
Operating Principles, specifically requiring the principal residence
in one of the countries of the region.

According to the view favored our list sent by discusin
LACRALO President and According the many arguments jurdicos
presented in this post, basndonos in our Operating Principles
LACRALO in the ICANN Bylaws, the laws of the State of California (and
reinforced with additional sharee'ah), my understanding is that the
rules are clear, both in terms of requiring residence in one of
our countries of the region, and in addition on the means quse
residence concept, a concept separate and distinct from the concept of
address.

I am convinced that the rules estn to accomplish. And msan when, with
jurdicos the number of arguments presented, the rules are clear.

Vote in this case implies that if we all agree (or the majority),
we will decide what specifically requests violate one of our rules
LACRALO.

Taking the work of analyzing and respect our rules and present
presentnuestro arguments LACRALO President, is a task very
few were taken and that many of the answers to that email were
full of disrespect and unsubstantiated opinions, with no
jurdicos arguments, which is what should be analyzed in this case.

I would like to fully understand this: I will always defend the right to
region to rule and decide how issues that affect us as such.
I worked and I will continue to reach consensus on our
region, as it is not possible to decide for most of us. That s,
provided that respecting our operating principles, our MoU with
ICANN and the ICANN Bylaws.

In the situation we are living in LACRALO, this is not the case.

We are voting to decide to break the rules.

As you all know my formation is a lawyer, and I made a vow:
respect and enforce the laws (rules, rules, regulations).

Therefore, to remain part of this election process, when going
against my profession, my oath and my principles, is to go
against my essence.

As I have indicated those who were part of the redaccin
our Operating Principles, the residence requirement (such as the
Nationality of representatives) is by demanding our Principles
Operating RALO to prevent capture by one organizacino by
a group of organizations. Unfortunately it was achieved.

A RALO estcapturado not, working in a healthy harmony, is a RALO
where delegates from organizations that offer Workgroup,
then participate in its conference and the decisions that
Working Group, is a RALO where the official General Assembly
undertook to deliver his report to the AG, then delivered without
need to be requested by anyone, is a RALO where officers
respect the tasks and functions assigned, consultndolo
Officials with the others previously, is a RALO where our
representatives discussed Policies, we as members are going
delivering, after they are discussed as a region.

It is regrettable that in our RALO, when you can not destroy
positions with arguments, are destroyed by the force of the faults of
respect, private pressures of unsubstantiated opinions.

Lords, donkey can work or get results. We are like a bucket
full of crabs where for wanting to stick his head up high ms, is
head trample each other and ultimately no one leaves the bucket.

This is not the LACRALO that I imagin.

For the reasons expressed, primarily on the grounds that
estn this case violated express and clear rules that require our
LACRALO Operating Principles, * I decided to quit my candidacy
as representative of LACRALO to ALAC. *

Also take the opportunity to inform and notify my
silence and lack of activity in the next few das, because I will be
subjected to quirrgica intervencin I will keep off.

Best regards,

Fatima Cambronero

-
* Fatima Cambronero *
Attorney-Argentina

Phone: +54 9351 5282 668
Twitter: @ facambronero
Skype: fatima.cambronero

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

* Join the discussions Diplo Internet Governance Community: *
http://www.diplointernetgovernance.org/

* Join to the Internet Society (ISOC): * http://www.internetsociety.org/
_______________________________________________

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