Humberto Carrasco hcarrascob at gmail.com
Thu Sep 10 12:31:23 UTC 2015

Dear Jacqueline,

To further clarify our position, we want to explain the nature of what 
is a point of order.

The UNGA Rules of Procedure, in particular, Article 79 of Annex IV (a) 
of the Rules of the General Assembly, gives a concept of what a point of 

79. The Special Committee recommends to the General Assembly the 
adoption of the following text as a description of the concept of a 
point of order [para. 229]:

*_"(a) A point of order is basically an intervention directed to the 
presiding officer, requesting him to make use of some power inherent in 
his office or specifically given him under the rules of procedure_*. It 
may, for example, relate to the manner in which the debate is conducted, 
to the maintenance of order, to the observance of the rules of procedure 
or to the way in which presiding officers exercise the powers conferred 
upon them by the rules. Under a point of order, a representative may 
request the presiding officer to apply a certain rule of procedure or he 
may question the way in which the officer applies the rule. Thus, within 
the scope of the rules of procedure, representatives are enabled to 
direct the attention of the presiding officer to violations or 
misapplications of the rules by other representatives or by the 
presiding officer himself. A point of order has precedence over any 
other matter, including procedural motions (rules 73 [114] [Rule 71 
[113] of the present rules of procedure] and 79 [120] [Rule 77 [119] of 
the present rules of procedure]).

"(b) Points of order raised under rule 73 [114]n involve questions 
necessitating a ruling by the presiding officer, subject to possible 
appeal. *They are therefore distinct from the procedural motions 
provided for in rules 76*[117] [Rule 74 [116] of the present rules of 
procedure] to 79 [120]o which can be decided only by a vote and on which 
more than one motion may be entertained at the same time, rule 79 [120]o 
laying down the precedence of such motions. *_They are also distinct 
from requests for information or clarification, or from remarks relating 
to material arrangements (seating, interpretation system, temperature of 
the room), documents, translations, etc., which - while they may have to 
be dealt with by the presiding officer - do not require rulings from 
him. However, in established United Nations practice, a representative 
intending to submit a procedural motion or to seek information or 
clarification often rises to 'a point of order' as a means of obtaining 
the floor. The latter usage, which is based on practical grounds, should 
not be confused with the raising of points of order under rule 73 [114]_*.

If Mr. Samuels' request is reviewed, it can be observed that the request 
it is not directed to the President ‘/requesting him to make use of some 
power inherent in his office or specifically given him under the rules 
of procedure/', but he requests ‘/That the general assembly demonstrate 
its lack of confidence in the LACRALO leadership and vote on this motion/’.

In simple terms, what Mr. Samuels says is a point of order, it's really 
not. It is therefore not possible to give such treatment.


El 10/09/2015 a las 13:15, Jacqueline Morris escribió:
> Hi
> I don't think you understood my question. A motion was raised on a 
> Point of Order. The rules that you just quoted say that this needs to 
> be dealt with immediately, I think this means that we have to (if we 
> were in a physical meeting, we would stop, discuss, get a ruling, 
> appeal, vote ..  Before continuing on what we were doing - the 
> original vote) focus on this, because if the motion on the Point of 
> Order passes, the process that we are in will be judged illegitimate 
> and will have to end.
> So I really think that we, in order to be correct, need to deal with 
> Carlton's motion before the election process ends. If translation etc 
> are making it take too long, then yes, we need to suspend or extend. I 
> don't think a suspension needs to be requested per we, but in order 
> for things to run properly, in official order, this may have to happen.

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