[[--Translated text (es -> en)--]] Subject: Re: REMINDER - TODAY / LACRALO Costa Rica Events press conference Working Group on Thursday March 1st, 2012 at 20:00 UTC From: fatimacambronero@gmail.com Dear, Yesterday I could not participate in the teleconference (apologies Jospresentmis the time of initiation of the same). I like to do some Asque comments have to do with the points, which from my point of view, were treated yesterday, and that deal specifically with the realization of our General Assembly in Costa Rica and points of Order of Daa be included. There are some points that I will leave out, trying to be as brief ms possible. Some people expressed confusion about some points. I'm going placing the name of the speaker before and after my comment. * Carlton *: There are several issues. First, whether to treat the choice at the beginning or end of the Assembly General. * Fátima *: If you see the order of Da of the proposed agenda for the AG, the choice of the President and Secretary, Estal beginning of it, and within and General Assembly, after electing Assembly Official General roll call of delegates present ALS, control proxies and have adopted the Agenda or Order of the proposed Da. This is not whimsical. It aims to achieve a General Assembly orderly, and obviously the choice of these officers is to be performed * Operating with the Principles and Rules of Procedure in force *, which are the only ones that we can grant rights and impose obligations on a day of today. The other is a proposed amendment, no legal value to date. Adopcin discusiny missing (or not) by the AG, the only sovereign to take such decisions. Again, this proposed Order of Da, has the intention of this matter not be mixed or pay down any confusion to the issue of discusiny adopcin (or not) of the proposed amendments to the Principles Operating LACRALO. * Carlton * And if they will do basndose the Statute or Rules existing Procedure. The term we use Statute or Rules of Procedure interchangeably. Then we have to determine cules Sern Rules Procedure, and whether to do on quReglas of Procedure. So it should be clear about this. * Fátima *: If you use it is either a habit, bad acquired and is misleading. LACRALO official documents, published on the website LACRALO ( https://community.icann.org/display/LACRALO/LACRALO+Organising+Documents) both the version in Spanish and in the version in English, apart clearly between: LACRALO Operating Principles and Rules of LACRALO procedure. In no time there was confusion on our part in the proposals made. We are aware that discuss the proposed amendments on Operating Principles, will be something that will take a long time, which clearly decided not to try anything at this time referred to our Rules of Procedure. Both in the e-mails to the list of discussion, as in attached proposed amendments, the expression is utilizsiempre Operating Principles. In no time Our proposed amendments to Rules of Procedure. Please check the mail sent to the list including the proposed Amendment to the Operating Principles as Agenda or Order of the proposed Da. * Carlton * In all these years there was no clear understanding of what established in the Rules of Procedure regarding the election. The Rules of Procedure are clear. Second, by QUNO is a requirement for the Legal Department ICANN to adopt our Rules of Procedure. All the rules are completed or terminated once we have the view of the Advisory Counsel. * Fátima: * And sought QUNO Adoption of the Law Department ICANN Mxico General Assembly, when they decided to incorporate President of LACRALO figure, which immediately approved the two paragraphs shall added to the end of Principle 4 of the Principles Operating, is the choice of the President proceeded LACRALO? * Carlton * But this is not as. So if there is a vote for votacino change the Statutes or Rules of Procedure, and these votes are quorum, are legal, we can not do anything with the new rules until Counsel or the Legal Department of the ICANN approves. * Fátima: * In official qudocumento LACRALO say that? That does not estni in Operating Principles or Rules of Procedure. The MoU between ICANN and the techniques LACRALO amendments is referred to amendments to the MoU, in Section 6.3.1. (Stating that debern be in the General Assembly of LACRALO), but at no time states that to take effect, debern be approved by the Department Legal ICANN.Therefore, even by analogous to the document LACRALO creator, comes the requirement of the Department sujecin ICANN's legal for an amendment has legal value. Moreover, this alleged requirement of approval of amendments by ICANN's Legal Department, clearly contradicts with the happened in the General Assembly Mxico 2009. For QUNO gave intervencin ICANN's Legal Department when decidimodificar the Principle 4 of our operating principles, incorporating the figure of President of LACRALO, when the person who leads it General Assembly LACRALO was fifth l met this requirement? So this Modification is added in Mxico vlida, estvigente not, is illegal, go against a requirement of no knows where? Also, refer to an email in which I respond to Vanda on the subject of ICANN lawyers. Ahexpresque if necessary we will consult these lawyers, but for the moment (drafting of the proposal amendment) necesitbamos not as participate in LACRALO many lawyers as volunteers. I agree to seek advice to ICANN's Legal Department, once we have approved. And I liked this mail make a formal request and ask the Secretary of LACRALO to arbitrate the means to make this happen. * Request algnoa invite some members of ICANN's Legal Department Observers of our General Assembly. I would like to ask in addition, that consult all members of LACRALO if they're under this request or not. And if necessary, use all means to votacin make a decision about it and according to the will majority of our RALO. * * * * Carlton: * It must be understood by the members that if you have an organization that estregulada and limited by the rules, it should be as. It must first learn, self has to learn, and which is more challenging, need to understand the meaning of these rules. * Fátima: * S, I totally agree.And I add, especially must be informed and trained those who hold positions leadership and lead the destinies of RALO. To these people this I, as a member of LACRALO, I demand transparency and clarity in its manifestations, both written and oral. Anyone familiar with the Operating Principles and Rules of LACRALO procedure and no capacity to transmit properly, without a cause confusion among members of LACRALO, and not get tired of explaining them as often as necessary, for me, this leadership must be analyzed. * Carlton * Qurum to the General Assembly said that the Rules of Procedure will require 50% of all accredited ALS, 50% more a. * Fátima: * When referring to the ALS accredited estdiciendo ALAC accredited as ALS or credited to the General Assembly. Because the Rules of Procedure in Section 6.1., Provide: * Rule 6 - Qurum 6.1 The quorum consistiren the simple majority of ALS credited against referred to in Rule 1.1 and that are present and represented in the Assembly. * * * As is clear from this Rule, the quorum required for the General Assembly to sit vlidamente is of the simple majority of the * Acreditas ALS present and in the Assembly *. Not accredited to ALAC. On the issue of election of President and Secretary of LACRALO, esttbNL> specifically included in the proposed Agenda or Order of the Day of the General Assembly. * Request the Secretary to make the call nominations, to be held in the Assembly elections General of Costa Rica. * If you make that call for nominations, Secretary estarincumpliendo its obligations, which are only and administrative information, and estardecidiendo (when that is not his function) against expressed by several members of LACRALO. Again, if it is not clear that this is the will of many members who expressed openly put for the realization of elections President and Secretary in our General Assembly in Costa Rica * formally requested to submit the proposed Agenda or Order of Da, to the vote of all members of LACRALO. * * * In relacina the time to make this call for nominations, I have no very clear quel current President and Secretary decided not to meet the deadlines established by our rules Procedure and extend them all until Monday March 5 for all modems procedural issues, and QUNO can apply the same extension to the call for nominations for President and Secretary. Culture is the criterion used to implement this discriminacin of exceptions? Another point I would like to comment on the meetings of construction consensus.As you know those who regularly participate in our monthly teleconferences (and we have been taking every Thursday connection with events in Costa Rica) at first I was not very sessions according to the construction of consensus (or Working Sessions) proposed. In the last days cambide opinion. And I'm looking forward to time comes for the sake of transparency that should exist in all organizations serious (or pride themselves on such) and the respect must prevail for all members of the same (whether they are participating for 5 days or 5 years), I think that will be a excellent experience, so that together we listen, and express freely the reasons why you believe our RALO through this crisis is growing. It is not necessary for someone estdesde the beginning of RALO to review, much less to learn, manage, observe and enforce our Operating Principles and / or our Rules of Procedure. The lack of knowledge, be recovered, with reading and study, with dedication, time and patience.The lack of respect for the principles Operating Procedure and Rules, are not correctable or over time and with all the patience in the world. Regards, Fátima Cambronero - * Fatima Cambronero * Attorney-Argentina Director of Research * Argentina * AGEIA DENSI http://ar.ageiadensi.org/ * @ Facambronero * * Join the LACRALO / ICANN discussions: * https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es _______________________________________________ [[--Original text (es) http://mm.icann.org/transbot_archive/ba8419421c.html --]]