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Record of the Meeting of the States Parties to the 1962 Protocol

(Paris, 7 and 8 October 2003)

Record

1. The States Parties to the Protocol instituting a Conciliation and Good Offices Commission to be responsible for seeking the settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education elected by acclamation Mr Pierre Michel Eisemann (France), Chairperson, Ms Carmelita P. Yadao (Philippines), Vice-Chairperson, and Mr Luis María Sobrón (Argentina), Rapporteur. The list of participants and the Rules of Procedure adopted by the Meeting are appended as Annex 1 and Annex 2 respectively.

2. After examining the document prepared by the Secretariat, the States Parties, aware of the need to maintain the existence of the Conciliation and Good Offices Commission, decided to interpret specific articles of the Protocol to enable the Commission to fulfil its functions:

Article 3, paragraph 2:
These provisions should be applied flexibly to permit States Parties to submit nominations up to the eve of the day on which the General Conference elects the members of the Commission.

Article 7:
This Article should be applied in such a way that members of the Commission who have not been replaced at the end of their term of office will continue to be regarded as members until the next election. When inviting States Parties to submit nominations, the Director-General will remind them of the provisions of Article 7. He will invite the States Parties to specify the vacant seat for which they are submitting the nomination. If there has been no election to a seat, the outgoing member of the Commission shall remain in office until the following election, except in the event of death, resignation or incapacity as provided in Article 6.

Article 11:
The election of the Chairperson or Vice-Chairperson of the Commission may be conducted by correspondence.
Article 19:
In the absence of any activity on its part, the Commission will not be required to submit a report to the General Conference.

3. This record will be transmitted to all States Parties to the Protocol.


(Signed by Mr Pierre Michel Eisemann, Chairperson of the Meeting)


Annex 1 - List of participants

Chairperson
Mr Pierre Michel Eisemann (France)

Vice-Chairperson
Ms Carmelita Yadao (Philippines)

Rapporteur
Mr Luis María Sobrón (Argentina)

Australia
Brunei-Darussalam
Cyprus
Costa Rica (Ms Iris Leiva-Billault)
Côte d’Ivoire
Denmark
Dominica
Egypt (Mr Iskandar Ghattas)
Guatemala
Germany (Mr Klaus Hüfner)
Israel
Italy (Mr Francesco Margiotta-Broglio)
Libyan Arab Jamahiriya
Jordan
Madagascar (Ms Yvette Rabetafika Ranjeva)
Malta
Morocco
Netherlands (Mr Louis Peter Van Vliet)
Niger
Norway
Panama
Portugal (Mr Antonio Carlos Duarte Fonseca)
Saint Vincent and the Grenadines
Senegal
Solomon Islands
South Africa
Spain (Mr Juan Carlos Flores Auñón)
Uganda (Mr Phenny Birungi)
United Kingdom of Great Britain and Northern Ireland


Annex 2 - Rules of Procedure

Rule 1 – States participants

1.1 Participants shall be States Parties to the Protocol instituting a Conciliation and Good Offices Commission to be responsible for seeking the settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education. Each State participant shall be represented by one or more delegate(s).

1.2 Each State participant shall communicate to the Secretariat of UNESCO the name(s) of its(their) delegate(s).

Rule 2 – Bureau

2.1 At its first meeting, the Meeting shall elect a Chairperson, a Vice-Chairperson and a Rapporteur, which shall constitute the Bureau.

2.2 The Bureau shall coordinate the work of the Meeting and shall discharge the duties with which it has been entrusted by the Meeting.

2.3 If the Chairperson is unable to act at any meeting, or part thereof, his/her functions shall be exercised by the Vice-Chairperson.

2.4 In addition to exercising the powers which are conferred upon her/him elsewhere in the present Rules, the Chairperson shall open and close each plenary meeting. He/she shall direct the discussions, ensure observance of these Rules, accord the right to speak, put questions to the vote and announce the decisions. He/she shall rule on points of order and, subject to the present Rules, shall control the proceedings and the maintenance of order. He/she shall not vote, but he/she may instruct another member of his/her delegation to vote on his/her behalf. He/she shall exercise all other functions given to him/her by the Meeting in the exercise of his/her functions. The Vice- Chairperson and the Rapporteur shall assist the Chairperson in the exercise of his/her functions.

2.5 The Vice-Chairperson acting as Chairperson shall have the same powers and duties as the Chairperson.

2.6 If the Rapporteur is unable to act at any meeting or at the Bureau, or part thereof, his/her functions shall be exercised by the Vice-Chairperson.

2.7 The Vice-Chairperson acting as Rapporteur shall have the same powers and duties as the Rapporteur.

Rule 3 – Publicity of meetings

3.1 All meetings shall be open to the public unless the Meeting decides otherwise.

3.2 When in exceptional circumstances the Meeting decides to hold a private meeting, it shall determine the persons who, in addition to the delegates of States participants, shall be present.

3.3 A quorum shall consist of one quarter of States Parties.

3.4 The Meeting shall not decide on any matter unless a quorum is present.

Rule 4 – Conduct of business

4.1 The Chairperson may limit the time to be allowed to each speaker.

4.2 During the discussion on any matter, any State participant may, at any time, raise a point of order, which point of order shall forthwith be decided upon the Chairperson.

4.3 An appeal may be made against the ruling of the Chairperson. Such appeal shall be put to the vote immediately and the Chairperson’s ruling shall stand unless overruled by a majority of States participants present and voting.

4.4 Any State participant may, at any time, propose the suspension or adjournment of a meeting, or adjournment or closure of a debate. Such a motion shall be put to the vote immediately. The order of priority of such motions shall be as follows:

(a) suspension of the meeting;
(b) adjournment of the meeting;
(c) adjournment of the debate on the question under discussion;
(d) closure of the debate on the question under discussion.

4.5 Arabic, English, French and Spanish are the working languages of the Meeting.

4.6 The working documents of the Meeting shall be issued in Arabic, English, French and Spanish.

4.7 The Meeting may nevertheless limit the number of working languages without prejudice to the proper conduct of its business.

Rule 5 – Vote

5.1 Each State participant shall have one vote in the Meeting.

5.2 Subject to the provisions of the present Rules, decisions shall be taken by a majority of the States participating present and voting. For the purpose of these Rules, the phrase “States participants present and voting” means States participants casting an affirmative or negative vote. States participants who abstain from voting are considered as not voting.

5.3 Voting shall normally be by show of hands. When the results of a vote by show of hands is in doubt, the Chairperson may take a second vote by roll-call. A vote by roll-call shall also be taken if it is requested by not less than two States participants before the voting takes place. The vote or abstention of each State participant participating in a roll-call vote shall be inserted in the report.

5.4 When an amendment to a proposal is moved, the amendment shall be voted on first. When two or more amendments to a proposal are moved, the Meeting shall first vote on the amendment deemed by the Chairperson to be furthest removed in substance from the original proposal, and then on the amendment deemed next furthest removed therefrom and so on, until all the amendments have been put to the vote.

5.5 If one or more amendments are adopted, the amended proposal shall then be voted upon as a whole.

5.6 A motion is considered an amendment to a proposal if it merely adds to, deletes from or revises part of that proposal.

5.7 If two or more proposals relate to the same question, the Chairperson shall, unless the Meeting decides otherwise, put the proposals to the vote in the order in which they have been submitted. After each vote, the Meeting may decide whether to vote on the following proposal.

5.8 A proposal may be withdrawn by its proposer at any time before voting has begun, provided it has not been amended. A proposal that has been withdrawn may be reintroduced by another State participant.

5.9 All elections shall be decided by secret ballot unless the Meeting unanimously decides otherwise.

5.10 If a vote is equally divided on matters other than elections the proposal shall be regarded as rejected.

Rule 6 – Decisions, summaries and reports

6.1 The Meeting shall adopt such decisions and recommendations as it may deem appropriate

6.2 Following the closure of each session, a summary of the Meeting’s proceedings, prepared by the Rapporteur with the assistance of the Secretariat, shall be submitted for approval by the Chairperson. The summary shall be transmitted subsequently to all States participants.

Rule 7 – Ad hoc Committees and working groups

7.1 The Meeting may set up ad hoc committees as it considers necessary for the conduct of its business within the limits of the funds available.

7.2 The Meeting may establish working groups as it considers necessary for the conduct of its business within the limits of the funds available.

7.3 The term of reference of the ad hoc committees and working groups shall be defined by the Meeting.

7.4 The ad hoc committees and working groups shall meet in accordance with the decisions of the Meeting or its Bureau, and shall themselves elect their Chairperson, Vice-Chairperson and, if necessary, Rapporteur.

7.5 Unless otherwise decided by the Committee, the present Rules shall apply to the work of the ad hoc committees and working groups.

Rule 8 – Secretariat

8.1 The Secretariat of the Meeting shall be provided by the Director-General, who shall make available to the Meeting a member of the UNESCO Secretariat to act as Secretary of the Committee, together with the staff and other means required for its operation.

8.2 The Secretariat shall provide the necessary services for the meeting.

8.3 The Director-General of UNESCO or his representative shall participate in the work of the meeting, without the right of vote. He may at any time make either oral or written statements to the Meeting or its subsidiary bodies on any question under consideration.

8.4 The Secretary or his representative may make either oral or written statements to the Meeting, its ad hoc committees and working groups and its Bureau concerning any question under consideration.

Rule 9 – Adoption and amendment of the Rules of Procedure

9.1 The Meeting shall adopt its Rules of Procedure by a decision taken in a plenary meeting.

9.2 The Rules of Procedure may be amended by a decision of the Meeting in plenary by majority of the States participants present and voting.

9.3 The Meeting may suspend the application of any of these Rules of Procedure by a decision taken in plenary by a two-thirds majority of the States participants.

Publication Year 29 Nov 2004
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