[lac-discuss-en] ??????? Q = utf-8 Pr = C3 = C3 = B3n_a B3ximos_pasos_en_relaci = = = utf-8 q = B3n_de_censura _la_moci = C3 =

Wed Sep 23 19:12:37 UTC 2015

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

 Subject:??????? Q = utf-8 Pr = C3 = C3 = B3n_a B3ximos_pasos_en_relaci = = = utf-8 q = B3n_de_censura _la_moci = C3 = 
 From: hcarrascob at gmail.com

 Dear, 

 We have the official translations of the motion of censure in Spanish and 
 Portuguese. 

 These have already been sent to the LACRALO list and will be published in the 
 wiki. We also received the legal opinion of the Legal Department 
 ICANN concerning this issue. The answer is: 

 &quot;We have had internal discussions concerning their questions, and as the 
 see, the LACRALO leadership has to decide on how to proceed. 
 In terms of rules to guide, from a reading of the Rules of 
 LACRALO, we see that there is only provision for regular movements. Do not 
 we see no provision for special moves, and no rules 
 General within ICANN that would apply to this situation.If the 
 leaders determine that this falls into the category of movement 
 regular basis, then LACRALO must follow the procedure set 
 in its rules. Overall, the ICANN community is based on the 
 sensible and responsible participation of the whole community of multiple 
 stakeholders and encourages members to meet to LACRALO 
 collectively address the issues raised in this motion. &quot; 

 We believe that this motion is not supported by any RoP LACRALO 
 or its operating principles. However, we also believe that we 
 to hear from you. 

 Therefore, under Article 11 of the RoP propose LACRALO 
 following resolution: 

 * &quot;LACRALO lacks jurisdiction to hear the motion of censure 
 presented by Mr. Carlton Samuels because there are no rules 
 regulate this situation and therefore this motion can not be processed. &quot;*

 In turn, if you estimate that LACRALO has jurisdiction 
 this motion and reject the proposed resolution, we want to 
 vote in the alternative to the proposed resolution 
 above, an amendment to the operative part of Mr. Samuels. Is 
 amendment is to add the following sentence to the operative part of 
 the motion of censure: 

 * &quot;Resolves: * 

 ** 

 * That the General Assembly show its lack of confidence in leaders 
 LACRALO and vote on this motion. This motion is considered approved 
 by a two-thirds vote of the representatives of the 
 ALS present and voting. &quot;* 

 The motion of censure is what is known in doctrine as 
 &quot;Motion of censure destructive&quot;. This is one that looks for fall 
 Prime Minister or Prime Minister, untreated form 
 replace fill the power vacuum. In a parliamentary system 
 we should then proceed to elect a new president or prime 
 Minister.(  https://es.wikipedia.org/wiki/Moci%C3%B3n_de_censura) 

 In institutions or governments which is regulated, it has 
 specific requirements for both presentation and for approval. 

 We believe that the requirement of two-thirds of the votes of the 
 representatives of ALS present and voting, has its foundation in 
 Articles 83 and 84 of the Rules of Procedures of the Assembly 
 General of the United Nations (UNGA). 
 (Http://www.un.org/es/ga/about/ropga/ropga_plenary.shtml) 

 These rules provide: 

 Article 83 

 [Articles 82, 83 and 85 reproduce textually the three paragraphs of 
 Article 18 of the Charter.] 

 Decisions of the General Assembly on important questions * is * 
 They were taken by the vote of a majority of tercios_ * * _Two members 
 present and voting.These questions shall include: recommendations 
 concerning the maintenance of international peace and security, 
 election of non-permanent members of the Security Council, the 
 election of members of the Economic and Social Council, the election of 
 members of the Trusteeship Council in accordance with 
 subparagraph c of paragraph 1 of Article 86 of the Charter, the admission of 
 New Members * _ United Nations, the suspension of rights 
 and privileges of membership, the expulsion of Members, the _ * 
 issues relating to the operation of the system of administration 
 fiduciary and budgetary issues. 

 Article 84 

 [See introduction para. 10] 

 Decisions of the General Assembly on amendments to proposals 
 * important issues concerning * and parts of such 
 proposals to be voted on separately be taken by 
 * * Tercios_ _mayoría two of the members present and voting.

 Rule 18.5 of the RoP states that &quot;important matters&quot; means 
 &quot;Matters of substance&quot; when referring to the UNGA rules. 

 We understand that the removal of the leaders of the region is a 
 matter of importance or substance that requires a higher quorum 
 normal. It should also be noted that what is decided in this 
 case will be a precedent for similar situations in the life of 
 LACRALO. Therefore the requirement of two-thirds already mentioned aims. 

 Under the above we suggest the following schedule of vote: 

 The draft resolution and the amendment was put into a wiki page 
 within 24 hours. After this, the debate will open on 
 which will run until the day October 8, 2015 at 23:00. 

 * FIRST * 

 On October 9, 2015 at 00:00 will begin the voting process 
 in relation to this motion.Voting will close on 
 October 16, 2015 at 23:00. 

 The voting process under rules 12, 19 and 20 of the RoP is governed 
 LACRALO. 

 In relation to the proposed resolution, will the following question: 

 Do you think that LACRALO is competent to vote on a motion of censure? 

 1. Yes, the censure motion should proceed. 

 2. The motion of censure should be ignored. 

 * Q: If a.- wins NO_ option * it means the adoption of resolution 
 proposal. As a result you should ignore the proposed amendment and the 
 motion of censure Mr. Samuels. 

 * SECOND * 

 ** 

 b.- * * Q: If wins SI_ option means that the resolution is rejected 
 proposal. In this case a new voting period opens respect 
 of the amendment. The October 19, 2015 at 00:00 will begin 
 voting process regarding the proposed amendment.The vote 
 will end on October 26, 2015 at 23:00. 

 The voting process under rules 12, 19 and 20 of the RoP is governed 
 LACRALO. 

 The question to be made is as follows: 

 Are you. In accordance with the following amendment to the operative part of 
 The motion presented by Mr. Samuels? 

 * &quot;Resolves: * 

 * That the General Assembly show its lack of confidence in leaders 
 LACRALO and vote on this motion. This motion is considered approved 
 by a two-thirds vote of the representatives of the 
 ALS present and voting. &quot;* 

 1. IF 

 2. NO 

 c.- * * Q: If wins SI_ option means approved the amendment. In this 
 If begin a period of voting on the motion of censure 
 amended. In this case, there is no need to rule on the 
 motion of Mr. Samuels.

 The vote on the amended motion of censure begin on October 30 
 2015 at 00:00 and will end on November 6, 2015 at 23:00. 

 The voting process under rules 12, 19 and 20 of the RoP is governed 
 LACRALO. 

 Are you. Agreed to adopt, by a two-thirds vote 
 representatives of ALS present and voting, the motion of 
 censorship by lack of confidence in the leaders of LACRALO? 

 1. IF 

 2. NO 

 D. * * Q: If wins NO_ option means rejected the amendment. In this 
 If begin a period of voting on the motion of censure Mr. 
 Samuels. 

 The vote on the motion of censure Mr. Samuels begin 30 
 October 2015 at 00:00 and will end on November 6, 2015 to 
 23:00. 

 The voting process under rules 12, 19 and 20 of the RoP is governed 
 LACRALO. 

 Are you.agreed to adopt the motion of censure for lack of 
 confidence in LACRALO leaders? 

 1. IF 

 2. NO 

 Enclosed versions in Spanish, English and Portuguese at this 
 answer. 

 Cheers 

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