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UNITED NATIONS NATIONS UNIES

W O R L D H E A L T H O R G A N I Z A T I O N

ORGANISATION MONDIALE DE LA SANTÉ

FIRST WORLD HEALTH ASSEMBLY A/L/13

13 July 1948 ORIGINAL: ENGLISH

I2.5.8 Other Business (Off.Rec.WHO, 10, page 95)

LEGAL COMMITTEE

Letter from the Delegation of Italy concerning the Executive Board and Amendment of the

Constitution

A t the thirteenth plenary meeting of the Health Assembly it was resolved that proposals relating to the composition of the Executive Board embodied in a letter addressed by the Acting Chief Delegate of Italy to the President should be referred to the Legal Committee.

The following is the text of the letter :

"Mr. President,

"The stirring words with which you have requested, at its twelfth meeting, that the Assembly adhere unanimously to the proposal set forth by the General Committee for the appointments to the Executive Board;

the firm belief that the efficacy of the future action of TOO depends closely upon the confidence that the Member States will place in the Organization; and, finally, the strong desire to co-operate in the search for the best possible solution to the very d i c a t e and complex problem of appointing the Board, have prompted the Italian Delegation to explain the motives which have induced it, on one hand, to support the pertinent suggestions of the Swiss Delegation; and, on the other hand, to submit to the General Meeting its own point of view, as follows :

"The Italian Delegation heartily supports the appreciation

expressed by the Assembly for the fruitful preparatory work carried out by the Interim Commission; but it believes that all nations should

"12 July 1948

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henceforward be given an opportunity to co-operate in the normal functioning of the Organization, The list proposed by the General Committee, however, provides for the Executive Board a composition which is basically the same as that of the Interim Commission» This seems to suggest the consolidation of a situation which,, in the spirit of the Arrangement of 1946, was meant to have a much shorter duration than two yearsj and, thereby, it would suggest the maintenance of a situation which might be interpreted as favouring certain Member States. It is possible that the procedure suggested by the General Cornmittee and b y yourself, Mr.President, is the most expeditious manner of selecting the members of the Executive Board. But it must be admitted that it would have illuminated the situation for the Assembly if this fact had been brought more forcefully to their attention beforehand. Although the continuation of the Interim Commission members on the Executive Board seems to have been a very practical consideration, in view of the long life of the Interim Commission and the accumulated experience of its members, yet it would seem that this fact also should have been brought to the attention of the Assembly beforehand»

"The omission of prior discussion of the means of selecting the members of the Executive Board by the Assembly itself has lent support to the contention of some Members that there has been discrimination in the preparation of the proposed list of Members of the Executive Board.

"Although the Italian Delegation is fully aware of and appreciates the keen interest shown in the participation of Italy in the Executive Board, we cannot refrain from pointing out the embarrassing situation which has arisen for Members of the most southern parts of Europe, none

of whom appear in the proposed list. The Italian Delegation also fails to see how such Members could in future participate in the work of the Executive Board, for there is no rule in the Constitution which provides

for rotation, ensuring that all Members will have a seat in the Executive Board eventually,

"Hoping that the reasons which prompted its attitude have been explained, the Italian Delegation, following its strong desire to

co-operate fully with W H O , has thj honour to submit herewith the following suggestions to the General Assembly :

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a) that the Executive Board be instructed to study the

possibility of amending the Constitution of TOO so that the Executive Board shall consist of more than 18 Members, the exact number to be dependent upon the ratifications which will be deposited in future, in such a way that the Members represented on t h e Board shall be one-third of all the Members of the Organization;

b) that an appropriate procedure be studied for the appoint- ment and the replacement of the Members of the Board, in such a way as to guarantee to every Member the possibility of participating, in rotation, in the work of the Board,

"To this effect, it might be suggested that all the Members should agree t о form groups of three nations, according to community of interests and problems; each group to be represented on the Board by one of the three Members, A t the end of the term of one Member, his seat would be occupied by another Member belonging to the same group,,

"I should be very glad if the above suggestions prove to be of help in providing a better solution for the problem of appointments to the Executive Board, and I venture to request you to submit them to the Assembly,

"I have the honour to be,

"Sir,

(signed) "Professor G . Canaperia, Acting Chief of the Italian Delegation"

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