Page History

Meetings: 10 December 2012

SPANISH 

Asamblea General: Seguimiento

...

Arce, José Francisco.-

Presidencia de LACRALO.

ENGLISH

General Assembly:  Follow-up

Introduction:   Before any follow-up alternatives to the General Assembly held in Costa Rica were put forward, consultations were held with several experts and a series of questions were submitted to ICANN Legal with the aim of choosing the best course of action and formalities.

ICANN Legal Department’s reply was:  “Because LACRALO is an entity separate from ICANN, we are in no position to provide any binding legal advice on LACRALO’s internal proceedings, unless said actions result in an infringement of ICANN'S Bylaws or the MOU. The remaining questions indicated below are actually questions related to internal proceedings.  I can give some general considerations as to how to reply to these questions but, I insist, this is NOT a binding legal opinion."

As a last step, we want to share some proposals with you on how to resume and proceed with the General Assembly.  These proposals will be posted for comment on the wiki for two weeks. Following this time frame, the General Assembly will be resumed on the basis of comments submitted.  Please note that our organizing documents do not foresee any form in particular for this specific case; hence, this case will be subject to the region's interpretation.

In view of the foregoing, it is clear that the only framework is that of ICANN’s Bylaws; hence, our proposals are fully in line with ICANN's legal and functional framework.  A summary of events taking place at the GA, as well as the adopted agenda, are posted on the wiki. 

Proposal I:  Synchronous

This proposal's starting point is to hold General Assembly meetings in real time, i.e. via ADIGO conference calls and/or Adobe Connect.  The advantage of this proposal is immediate participation; the disadvantage is that it would entail several calls and, therefore, quorum tally and voting procedures would be difficult, as not all participants would be able to attend all calls. 

Proposal II: Asynchronous

This proposal’s starting point is to hold the General Assembly meetings via e-mail, by means of a dedicated e-mail exchange list, with previously arranged discussion and voting deadlines. The advantage is that we would have previously agreed deadlines for all GA proceedings and sessions quorum. The disadvantage would be limited interaction during discussions of agenda items.

Proposal III:  Mixed Proposal

The idea is to have a proposal that will blend both approaches (synchronous and asynchronous). This has to do with the possibility of holding synchronous discussions of agenda items, while making the most of asynchronous feedback.  

Common Guidelines:  

The following points will be respected:

a)     The agenda adopted at the General Assembly in Costa Rica.

b)    The voting system for all situations that may arise, taking into account Rule 20 of our Rules of Procedure.

c)     Rules on quorum during face-to-face General Assemblies. 

d)    Terms applicable to discussions of all agenda items.

e)     Participants' rights and obligations will be respected as in a face-to-face General Assembly. 

f)     As always, it is worth noting that one of our regional objectives is to act on the basis of consensus.

We look forward to your comments.

Arce, José Francisco.