[lac-discuss-en] Next steps regarding the motion of no confidence

Wed Sep 23 19:09:40 UTC 2015

Dear all,

We have received the official translations of the motion of no 
confidence into Spanish and Portuguese.

They have already been sent to the LACRALO list and will be published in 
the wiki page. We have also received from the ICANN Legal Department the 
input on this issue. The answer is the following:

"We have discussed your questions internally, and we consider that 
LACRALO leadership has to decide on a course of action. As regards 
LACRALO's rules, we have found provisions related to regular motions 
only. We have found no provisions related to special motions, and there 
are no general rules within ICANN that would apply to this situation. If 
the leaders determine that this falls within the category of regular 
motions, then LACRALO must follow the procedure established in its 
regulations. In general, the ICANN community is based on the accountable 
and responsive participation of the whole multistakeholder community, 
and encourages LACRALO members to meet in order to collectively address 
the issues raised in this motion."

We believe that no LACRALO Rule of Procedure (RoP) or Operating 
Principle supports this motion. However, we also believe that we must 
listen to your opinion.

Therefore, based on Article 11 of LACRALO RoPs, we propose the following 
resolution:

*"LACRALO lacks competence to rule on the motion of no confidence 
presented by Mr. Carlton Samuels because there are no rules regulating 
this situation, and so the motion cannot be handled."*

Also, in case you consider that LACRALO does have competence to rule on 
this motion and you reject the proposed resolution, we want to submit to 
a vote, in a subsidiary manner to the proposed resolution above, an 
amendment to the operative part of Mr. Samuels' motion. This amendment 
consists in adding the following phrase to the operative part of the 
motion of no confidence:

*"Resolved:***

**

*The General Assembly shall demonstrate its lack of confidence in 
LACRALO leadership and shall vote on this motion. This motion shall be 
considered approved by the vote of a two-thirds majority of the ALSes' 
representatives present and voting."***

The motion of no confidence submitted is known in legal doctrine as 
"destructive motion of no confidence". This variation seeks to remove 
the Prime Minister or the President from government without discussing 
how to replace him/her and fill the power vacuum. In a parliamentary 
system, a new President or Prime Minister would then have to be elected 
(https://es.wikipedia.org/wiki/Moci%C3%B3n_de_censura).

In institutions or governments where the motion of no confidence is 
regulated, there are specific requirements both for submission and approval.

We consider that the requirement of a two-thirds majority of the ALSes' 
representatives present and voting is supported on Rules 83 and 84 of 
the Rules of Procedure of the General Assembly of the United Nations 
(UNGA) (http://www.un.org/es/ga/about/ropga/ropga_plenary.shtml).

These rules read:

Rule 83

[Rules 82, 83 and 85 reproducing textually the three paragraphs of 
Article 18 of the Charter]

Decisions of the General Assembly on *important questions* shall be made 
by a *_two-thirds_* majority of the members present and voting. These 
questions shall include: recommendations with respect to the maintenance 
of international peace and security, the election of the non-permanent 
members of the Security Council, the election of the members of the 
Economic and Social Council, the election of members of the Trusteeship 
Council in accordance with paragraph 1 c of Article 86 of the Charter, 
the admission of new Members to the United Nations, *_the suspension of 
the rights and privileges of membership, the expulsion of Members_*, 
questions relating to the operation of the trusteeship system, and 
budgetary questions.

Rule 84

[see introduction para. 10]

Decisions of the General Assembly on amendments to proposals relating to 
*important questions*, and on parts of such proposals put to the vote 
separately, shall be made by a *_two-thirds majority_* of the members 
present and voting.

Rule 18.5 of the RoP establishes that "Important Questions" shall mean 
"matters of substance" when referring to UNGA rules.

We understand that the removal of the regional leaders is an important 
question or matter of substance requiring a quorum greater than normally 
required. Also, it must be taken into account that the outcome of this 
case will set a precedent for similar situations in LACRALO. That is why 
we propose the aforementioned two-thirds majority requirement.

In view of the aforesaid, we propose the following voting calendar:

The proposed resolution and amendment will be published in the wiki page 
within 24 hours. After that, the discussion will be opened until 8 
October 2015, 23:00.

*FIRST***

The voting process regarding the proposed resolution will begin on 9 
October 2015, 00:00. And it will close on 16 October 2015, 23:00.

The voting process shall be governed by rules 12, 19 and 20 of LACRALO's 
RoP.

Concerning the proposed resolution, the following question will be asked:

Do you believe that LACRALO is competent to vote a motion of no confidence?

1. Yes, the motion of no confidence must move forward.

2. No, the motion of no confidence must be ignored.

a.- *_If the NO wins_*, the proposed resolution shall be considered 
approved. As a consequence, the proposed amendment and Mr. Samuels' 
motion of no confidence must be ignored.

*SECOND***

**

b. - *_If the YES wins_*, the proposed resolution shall be considered 
rejected. In this case, a voting period on the amendment will be opened. 
The voting process regarding the proposed amendment will begin on 19 
October 2015, 00:00. And it will close on 26 October 2015, 23:00.

The voting process shall be governed by rules 12, 19 and 20 of LACRALO's 
RoP.

The question to be answered will be:

Do you agree with the following amendment to the operative part of Mr. 
Samuels' motion?

*"Resolved:***

*The General Assembly shall demonstrate its lack of confidence in 
LACRALO leadership and shall vote on this motion. This motion shall be 
considered approved by the vote of a two-thirds majority of the ALSes' 
representatives present and voting."***

1.- YES

2.- NO

c. - *_If the YES wins_*, the amendment shall be considered approved. In 
this case, a voting period on the amended motion of no confidence will 
be opened. In this case, there will be no need to rule on Mr. Samuels' 
motion.

The voting process on the amended motion of no confidence will begin on 
30 October 2015, 00:00, and will finish on 6 November 2015, 23:00.

The voting process shall be governed by rules 12, 19 and 20 of LACRALO's 
RoP.

Do you agree to approve, by the vote of a two-thirds majority of the 
ALSes' representatives present and voting, the motion of no confidence 
in LACRALO leadership?

1.- YES

2.- NO

d.- *_If the NO wins_*, the amendment shall be considered rejected. In 
this case, a voting period on Mr. Samuels' motion of no confidence will 
be opened.

The voting process on Mr. Samuels' motion of no confidence will begin on 
30 October 2015, 00:00, and will finish on 6 November 2015, 23:00.

The voting process shall be governed by rules 12, 19 and 20 of LACRALO's 
RoP.

Do you agree to approve the motion of no confidence in LACRALO leadership?

1.- YES

2.- NO

Attached you will find the versions in Spanish, English and Portuguese 
of this response.

Regards

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