[lac-discuss-es] Mis comentarios relacionados con la enmienda

Lun Mar 5 21:16:08 UTC 2012

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

 Asunto: Re: Mis comentarios relacionados con la enmienda 
 De: carlton.samuels en gmail.com

 Queridos todos: 
 Además una de estas observaciones. 

 Además una de las recomendaciones contenidas aquí. 

 - Carlton Samuels 

 ============================== 
 Carlton Samuels A 
 Móvil: 876-818-1799 
 * Estrategia, Planificación, Gobierno, Evaluación y plazos * 
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 El lunes, 05 de marzo 2012 a las 3:58 PM, Jacqueline Morris 
<jam en jacquelinemorris.com> escribió: 

> Sorry I have taken so long - I really wanted to do proper research and
> make reasoned, logical comments in line with the role of the RALOs,
> the values and MSH model of ICANN, and the ALAC improvements. I also
> looked at the original emails around the formation of the RALOs to
> refresh my memory as to why certain specific clauses were in the
> Operating Principles.
>
> I tried not to make it an academic treatise with loads of references
> and footnotes, but I do have them, in case anyone would like to know
> more about why I made specific comments.
>
> Also sorry for the length of the document - I could not make it
> shorter, try as I might.
>
> Comments on the proposal for modification of the LACRALO Operating
> Principles and Rules of Procedure
>
> In general, I believe that the items contained in the proposal are
> overly broad and sweeping, will change the entire character of the
> LACRALO, and not for the better. They seem designed to create a
> massive bureaucratic organisation in which there are almost 30%
> chiefs, with few workers, and also seem designed to discard both the
> diverse nature of LACRALO and any pretense of democracy that remains
> in the organisation.
>
> To specifics::
>
> Paragraph 2:
>
> This item is designed to allow for rules to be created to allow
> individual participation in LACRALO. This is something that has been
> in process for five years. Instead of treating with the substantive
> theme of this item, increased participation by all end-users in the
> region, the proposed modification seeks to insert participation
> requirements to limit participation by the ALSes, and ignores the
> individual user.
>
> I suggest that the proposed modification be stricken, and a motion
> proposed instead that states:
>
> Whereas
> Individuals who wish to participate in LACRALO  are not able to so do
> solely  because there is no accredited ALS in their country;
> We propose that
> Any individual seeking to participate must:
> be a permanent resident of one of the countries/territories in the LAC
>  region as defined by ICANN,
> not be a member of a certified ALS.
>  Such individuals will be allowed to join LACRALO as individual
> members and participate in LACRALO activities including votes.
> Such individuals will be subject to all LACRALO rules and requirements.
>
>
> Along with this, we propose a modification to the text of para 1 of
> the Operating Principles:
>
> 1. The LACRALO is composed of the ALSs  of Latin America and the
> Caribbean accredited by the ALAC as a mechanism to promote and ensure
> participation by regional users in the process of developing ICANN
> policies
>
> to
>
> 1. The LACRALO is composed of the ALSs  of Latin America and the
> Caribbean region as defined by ICANN, as well as qualified individual
> members,  accredited by the ALAC as a mechanism to promote and ensure
> participation by regional users in the process of developing ICANN
> policies
>
> Proposed new text is shown in bold.
>
>
>
> Paragraph 4
>
>
> This proposal was the most difficult for me to wrap my mind around. To
> me, it seemed simply ridiculous. However, I will attempt to break it
> down and deal with each item.
>
> “LACRALO’s supreme and sovereign governing body will be a General
> Assembly.”
>
> This is inconsistent with the actuality of the LACRALO. The LACRALO
> only exists inside of and subject to ICANN, via the ALAC. Hence the
> insertion of the terms “supreme and sovereign” just seems ridiculous
> to me, and I suggest those terms be stricken and the original language
> retained.
>
> “The governing body of the LACRALO  will be a General Assembly”
>
> Next:
>
> “ Each ALS accredited in the General Assembly will be entitled to one
> vote.”
>
> This removes the weighting provision that was specifically imposed to
> allow countries with fewer ALSes by virtue of smaller populations to
> have a more equitable voice alongside larger countries which may have
> many more ALSes. Removal of this provision will lead to capture of the
> LACRALO by larger countries, and I strongly object to the removal of
> the weighting system, and request that this text be stricken.
>
> Next:
> “Said representatives shall also act for the duration of their
> appointment as official contacts of the ALS vis-à-vis the LACRALO,with
> the duties to keep their e-mails updated, to inform the  Secretariat
> and the At-Large Staff of any change in same or in the names of said
> representatives.”
>
> Just a wording change here - “emails” should be changed to “email
> addresses”
>
>
>
> The removal of the text referring to LACRALO operating by consensus is
> against the values and principles of ICANN, which operates by
> consensus in all its activities, and I strongly request that it be
> retained.
>
>
> Chair, Vice Chair, Secretariat, Vice Seecretariat, ALAC
> representatives, alternates, and Board.
>
>
> This is patently ridiculous. The creation of a THIRTEEN member Board
> of LACRALO is unnecessary, overly bureaucratic and unworkable. I
> suggest this entire modification be stricken.
>
> “Diversity requirements shall not be applicable among incumbent and
> alternate members with respect to each other.”
>
> I totally disagree. Diversity requirements are needed to balance the
> voices of the much larger Latin American sub-region with the much
> smaller Caribbean region. Removal of diversity requirements will leave
> the smaller countries of the Caribbean without a voice in LACRALO.
>
> “In the case of the election, the affiliation, residency and
> nationality coincidence of same with the ALS  country represented,
> shall also be taken into account with respect to the person acting as
> a
> representative vis-à-vis ALAC on behalf of LAC [sic] appointed by the
> Nominating Committee
> (NOMCOM)“
>
> This is counter to the ICANN bylaws governing the NomCom. The
> Nominating Committee reports only to the Board, and has extreme
> latitude in determining who they select. Additionally, the NomCom does
> not select any “representative vis-à-vis ALAC on behalf of LAC”. The
> NomCom selects appointees to the ALAC from specific regions, including
> the LAC, to act on behalf of ICANN and ALAC, in their capacity as
> individuals. These individuals are NOT selected to act on behalf of
> the LAC, and far less the LACRALO, hence the nationality of the person
> chosen should have no bearing on the diversity requirements within the
> LACRALO.The language of this paragraph shows a serious
> misunderstanding of, or disagreement with, the Bylaw-mandated role of
> the NomCom.
>
>
> “. Each of
> these representatives shall have an alternate with the same powers as
> the incumbent in the event of  resignation, absence, inability,
> incompatibilities  or decease of the latter. Each incumbent and
> alternate shall be elected in the same election. For the purpose of
> better continuity in the discussion  of policies, said representatives
> shall be renewed every other term, one representative having to be
> elected each year”
> Text note: Should be “former” in line 2, not “latter”.
> This is, I believe contrary to ICANN’s by-laws. LACRALO cannot simply
> create an alternate & send them to an ALAC meeting as representative
> “with the same powers as the incumbent in the event of  resignation,
> absence, inability, incompatibilities  or decease of the latter.” The
> rules for representatives to ALAC are clear and stated in the ICANN
> bylaws.
>
> What I believe LACRALO can do is select an alternate in case of
> resignation, death or any other reason that the ALAC rep cannot
> fulfill the term, and submit that name to the ALAC in that case.
> However, until and unless those circumstances arise, the alternate as
> elected by LACRALO cannot have “the same powers as the incumbent in
> the event of  resignation, absence, inability, incompatibilities  or
> decease of the latter”, as such powers are granted by ALAC, and cannot
> be granted by LACRALO.
>
> This proposal is basically a massive overreach on the part of LACRALO,
> to usurp the powers granted in the ICANN bylaws to ALAC.
>
>
> “These five Policy Directors shall be selected by the Board members
> elected by the General Assembly. Each of them shall be entitled to one
> vote and decisions shall be taken by simple majority.“
>
> Unnecessary, bureaucratic and undemocratic. This proposes a Board,
> created with no diversity requirement, in which over one-third of the
> members are hand-picked by the other members.  If this is not obvious
> to all as the creation of a cabal, then ideas of good  governance are
> sorely lacking.
>
> “First Temporary Provision. The modifications established with the
> present reform, will be
> considered applicable to the terms of the current Chair and
> Secretariat of LACRALO, which are in power at the time of approval of
> these modifications by LACRALO’s General Assembly.”
>
> This is contrary to all notions of good governance.
>
> “Second Temporary Provision. The Board of LACRALO shall be constituted
> from the first election to be conducted immediately after these
> modifications are approved.”
>
> Having strongly disagreed with the formation of the Board, it is
> obvious I will disagree with this proposal.
>
> “For the purposes of constituting the first Board of LACRALO, those
> positions that have already been put to vote, it having been
> impossible to elect their respective alternates, shall be responsible
> for selecting their respective alternates for one time only. “
>
> Setting up for corruption and cabal-ism. NO.
>
>
> Jacqueline A. Morris
> Technology should be like oxygen: Ubiquitous, Necessary, Invisible and
> Free. (after Chris Lehmann )
>
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