UNITED NATIONS WORLD HEALTH
ORGANIZATION
FIRST WORLD HEALTH ASSEMBLY
12.5.3 Draft Provisional Rules of Procedure of the World Health Assembly
(Off.Rec.WH09 10, page 97) LEGAL COi:IBITTEE
LIST OF AMENDMENTS
NATIONS U TIES
ORGANISATION IONDT AT,F, DE LA SA _TTE
A/ L/9
July y 194.8
ORIGINAL: ENGLISH
In Column 1, the Rules of Procedure appear as stated in Part II of the Report of the Interim Commission to the First World Health Assembly's as modified in the Supplementary Report2. These provisional Rules of Procedure as amended wore previously accepted by the Health Assembly on 24 June 19483, The Words in the
text which are underlined indicate the amendments proposed in the supplementary report.
Anondments proposed by delegates appear after the original text in the English alphabetical order of countries. Each amendment bears the name of the country of the delegation proposing the amendment and a reference to the document containing such proposed amendments.
1 Provisional Agenda9 12.5.3: (Off.Rec.WH09 10, pp. 97-106)
2 Document S.58.
3 Document APR/1, page 1.
A/L/9 .page 2
Preamble
These Provisional Rules of Procedure are adopted under the authority of, and are intended to be complementary to, the Constitution of the World Health Organization. In the event of any conflict between any provision of the Rules and of any provision of the Constitution, the Constitution shall prevail.
Rule 2
The Director -General shall convene the Health Assembly to meet in special session, within ninety d-ys of the
receipt of --my request therefor, made by a majority of the -c- l',ors of the Or- aniûatir n or b the Board, at such time and Illace as the Board shall determine.
Rule 3
- Notices convening a session of the Health Assembly shall be sent by the Director- General to Members and Associate Members, and to all related inter - governmental organizations invited to be represented at the session, not less than 60 days in advance of the opening day of the session.
Preamble Egypt (A/1/5) Delete "and are intended to be complementary to."
Rule 2
Add a second paragraph as follóws:
' "In urgent cases, this interval may be shortened by decision of the Board."
Egypt (A /L /5 )
Rule 3 Belgium (L /L /8)
"Notices convening a session of the Health Assembly shall be sent by the Director-General-to Members and Associate Members and to all related inter- govàrnmental
and non- 'overnmental organizations invited to be represented at the session, not lass than 60 days in advance of the opening of the session."
The Belgian Delegation supports the amendment proposed by the United Kingdom. The above text should, therefore, be followed by the three paragraphs set forth it that amendment.
Rule 3 Egypt (L/1/5)
$t the beginning insert the following: "Without prejudice
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page 3
Rule 3
Egypt (4/0)
to paragraph 2 of the preceding Rule."
Rule 3 United Kingdom (A/23) After Rule 3 insert:
"The Director -General with the consent of the Executive Board may invite States which have signed-but not accepted the Constitution or countries which wore represented in any way at the Now York Conference to send observers to meetings
of the Health Assembly.
Such observers may attend any open meeting of the Health Assembly or any of its main committees. They may, upon the
invitation of the President, and with the consent of the Health Assembly or Committee, make a statement on the subject under
discussion.
Such observers shall have access to non- confidential documents and to such other documents as the Director -General may see fit to make available. They may submit memoranda to the Director- General, who shall determine the nature and scope
of the circulation."
Rule 3 United States (L /30)
"Notices convening a regular session of the Health Assembly shall be sent by the Director -General to Members and Associate Members, and to all related inter -governmental organizations invited to be represented at the session, not less than 60
days in advance of the opening day of the session. Such notices for a special session shall be sent not lass than 30 days in advance of the o eninr da y of the session."
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Rule 5,
The Board, in preparing the provisional agenda of each regular session of the Health Assembly, shall include, inter alias
(a) the Annual Report of the Director -General on the work of the Organization, including a summary analysis of annual reports from Members under Articles 61 and 62 of the Constitution;
(b) all items the inclusion of which has boon ordered by the Health Assembly at a previous session;
(o.) all items pertaining to the budget for the next financial year and to the report on the accounts for the preceding financial year;
(c.) any item proposed by a Member;
(o) subject to such preliminary consultation as may be n:céssary between the Director- General and the Secretary-General of the United Nations, any item proposed by the United Nations;
(f)lanyitem.proposed by any specialized agency with which the Organization has entered into a formal agreement, subject to the relevant provisions thereof.
Rule 6
Sùpplementary-items may be added to the agenda during any sessión"provided (a) the General Committee so recommends and-súch r©carimendation reaches the Health Assembly net later hañ- -tor- - day:..after the opening of the session.
It to 6 Belgium (A/48)
"Supplementary items may be added to the agenda during a session, if the Assembly so decides; it shall reach a decision after consultation -with its General Committee as to the propriety of such a procedure. The General Committee shall state its opinion at tie earliest possible moment."
Rule 9
Copies of all reports and other documents relating to the agenda of any session shall be sent by the Director - General to Members and Associate Members and to
participating inter -governmental organizations at the same time as the agenda or as soon thereafter as possible;
appropriate ro orts and documents shall also be sent to related non - governmental organizations in the same manner.
Rule 10
The Health Assembly shall in no case ;proceed to the discussion of any item on the agenda, whet:1er added under Rule 6 or otherwise, until at least 48 hours have elapsed after the documents referred to in Lules 7 and 9 have been made available to delegations.
Rule 11
The Director-General shall act as Secretary of the Assembly and of any subdivision thereof. He may
delegate these functions.
Thzle 14
PLenary meetings of the Health Assembly will, unless
#ho Lssembly decides otherwise, be open to attendance by all delegates, alternates and advisers appointed by Members,
: >.-11 accordance with l;rticlos 10 -- 12 inclusive of the
onst?.tut:ion, by repreeentatíves of Associate Members, appointed in accordance with Article 8 of the Constitution,
Piulo 6
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Egypt (L/0)
Add: "or is recommended by . thpée - Members."
Rule 10 'Belgium (L /L/8 ) The Belgian Delegation supports the Amendment proposed by the United States.
Rule 10 United States (L/3Q)
"The Health Assembly shall not proceed, unless it determines otherwise, to the discussion of any item on the agenda until at 'least 48 hours have elapsed after the documents referred to in
Rules 7 and 9 have been made available to delegations."
Rule Ill .
After Relo_.e,, _::ase-: . __
United Kingdom (!/23)
"In plenary session the Chief Delegate may designate another delegate who shall have the richt to speak and vote in the name of his Delegation on `r-question. Moreover, upon the request of the Chief Delegate or any Delegate so designated by him the President may allow an adviser to speak on any
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page 6
Rule M
b observers of invited non -Member States and? also by
invited representatives of participating inter -governmental and related non - governmental organizations.
Rule 16
The credentials of delegates of Members and of the representatives of Associate Members, and the names of representatives of participating inter -governmental and
related non-governmental organizations and of all alternates, advisers, and delezation secretaries, shall be submitted to the Director- General if possible not less than 2 days before
he opening of the session of the Health .Lseembly.
Rule
11
4. credentials committee of nine membere shall be appointed at the beginning of each session by the Health Assembly on the proposal of the President. This Comj i ttee
shall elect its arm officers. It shall examine the
credentials of delegates of Members and of the representatives of Associate Members and report to the Assembly thereon without delay. Any delegate or representative to whose admission a Member has made objection shall be seated provisionally with the same rights as other delegates or- representatives, until the Credentials Committee has reported and the Assembler has given its decision.
.pule 18
At the beginning of each regular session9 the Health Assembly shall elect a Nominations Committee consisting of nine delegates of as many Members.
Pdu.lel4.
particular point."
United Kingdom (L./23)
uje 16 Egypt (LfL15)
Substitute for 'two days" the words "tun days ".
pule 1 Belgium (L/L/8 In the first sentence substitute "12 m;mbers" fc r
"9 members ".
Rulo 18 Belgium (LA/8) For "9 delegates" substitute "12 delegates ".
31119_12
The Nominations Committee, having regard to an equitablè geographic distribution and to experience and personal
competence, shall propose (a) to the Health Assembly from among the chief delegates nominationssfor the offices of the President aid three Vice -Presidents of the Assembly and for the members of the General Committee to be elected under Rille 25, and (b) to the Main Committees, set up under Rule 27, nominations from among tho delegates for the Chairman and the Vice-Chairman of each such Committee.
Rule 24
In the event that neither the President nor any Vice - President is present at the opening of a session, the Director -General shall preside.
The General Committec of the Health ssembly shall consist of the President and Vice -Presidents of the Assembly, the
Chairman of the Main Committees cf the As embly established under Rule 27, and six delegates to be
electo:=.
'.y the Assembly after consideration of the Report of the Nominations Committee,provided that no delegation may have more than one representative on the Committee. The President of the Assembly shall convene, and preside over, meetings of the General Committee.
Rule 19
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Belgium
(A/L/8) 7The Belgian Delegation, supports the amendment proposed by the Delegation of the Union of South Africa.
úu1 e el.. `
Egypt (A/O)
Delete in Section (b) the words "and vice chairman"
and re-word the text with a view to emphasizing that the proposal relating to the choice of chairman should be submitted to the General Assembly for approval
Rule 19 Union of South Africa (A/27) Delete the words "chief delegates" and substitute the word "delegates."
Rule 24 South Africa (A/27) Delete the whole and substitute:
"In the event that neither the President nor any .Vice- President is present within thirty minutes of the appointed time for the opening of any meeting, the Director -General shall preside pending the immed:late election of an acting
President from amongst those present. Such acting President shall hold office only for' the period of absence of the
President or any Vice -President."
Rule South Africa (A/27)
Add the following:
"If a Vice -President is absent during a meeting or any part thereof, he may designate a member of his delegation as his substitute. The Chairman of a main committee shall, in case of absence, designate the Vice -Chairman of the
Committee as his substitute, provided that the Vice- Chairman shall not have the right to vote if he is of the same
delegation as another member of the Committee.
pago S
'h].e
2The Health Assembly shall establish at each session such Maui Committees as it may consider necessary and, after
consideration of the recommendations of the General Committee, shall allocate to such Committees appropriate items on the agenda.
Rule 28
Each delegation shall be entitled to the represented on each main committee by one of its members. He may be
accompanied at meetings of the committee by one or more othe members, who may be accorded permission to speak but shall not vote.
Rule 29
Each Main Committee shall, after consideration of the Report of the Nominations Committee, elect a Chairman and a Vi ce- Chairman.
Rule 32
Any main committee may set up such sub- committees ór other sub -divisions as it considers necessary.
Tt111e 25 South Africa (A/27)
Each of the six elected delegates shall be entitled to designate another member of his delegation to act as
his substitute in the event of his absence from any meeting of the General Committee."
Mule 28 South Africa íM27 ) Add the-following at the end of the second sentence:
"Provided that one of the said members may, in the absence of the ap;.inted representative of the delegation from any meeting portion thereof, vote as well as speak.
R111221 Egypt (LILf5 ) Delete the words "a chairman and ".
Rule 38
Representatives of non -governmental organizations with which arrangements for consultation and
co- operation have been made, in accordance with Article 71 of the Constitution, may be invited to attend plenary meetings and meetings of the main
committees of the Health Assembly and May participate without vote in their deliberations when invited to
do so by the President of the Assembly or by the chairman of'a main committee, respectively. -
Rule 39
Formal- proposals relating to items on the agenda may be introduced, at plenary meetings up to the date -
on which all items on the, agenda have been allocated -or. until fourteen days after the opening of the- -
session, whichever date is the earlier.
Rulo 41
All resolutions, amendments, and substantive motions for consideration. at plenary meetings must be introduced in writing and handed to the President
of the Health Assembly. Copies shall be distributed to delegates as soon as possible.
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pa,7.;e 9
S>AfriOa (Ii)27): . - Rule 38
Delete the words "plenary meetings and meetings ", and
substitute thé words "public plenary meetings and public meetings "..
United States (A.30) Rule 41
"Props 71s and amendments shall normally be introduced in writing and handed te_theDirector-GiOneral, who shall
circulate copies to the delegations. As a general rule, no proposal shall be. discussed or put to the vote at any
meeting of the-Health Assembly unless copies of it have been.-"
circulated to all delegations not later than the day preceding the meeting. The President may, however, permit the discussion -
. and consideration of amendments, or of .motions as to procedure, even though these amendments and motions have net been .
circulated or have only been circulated the sane day,
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page 10 Egypt ( $/L/5 )
Rule 42 - Rule 42
The reports of all committees established to For the word " approved" substitute- "examined" and add the consider items of the agenda shall, before being following at the endé ' "Unless the General Committee decides submitted to a plenary meting for final disposition, to refer the report or the draft for re-- examination to the be referred to the General Committee, or to a drafting competent Committee ".
committee appointed by it, for co- ordinating and
editing. Such reports, including draft resolutions, United States 11-30
shall, after being approved by the General Committee, .121112-42 be circulated, insofar as practicable, at least 24
Delete hours in advance of the plenary meeting at which
they are to be considered.
Rule 44
The Director- General or a member of the
Secretariat designated by him as his representative may at.any time make either oral or written
statements to the Health Assembly or to any
subdivision thereof concerning any question under consideration.
Ruie_42.
During the discussion of any matter, a delegate may move the suspension or the
adjournment of the debate. Such. motions shall not be debated but shall immediately be put to vote.
'Egypt (L/1/5) Rule 45
After the words "may move" add "for reasons which he.
'shall briefly state ",.
S. Africa (h.27)
Delete the whole and substitute the followings
"During the discussion of any matter a delegate may move the
suspension or adjournment of the debate. In addition to proposer of the motion, two delegates may speak in favour of and two'against the motion, after which the motion shall immediately be put to the
vate ". Y p
ïBule
59
A secret ballot shall be taken if the President of the Health Assembly should so decide, or when at least ten delegates so request; in that case, two tellers selected from among the members of the dele- gations present shall assist in the counting of votes.
All elections shall be held by secret ballot.
Rule 60 Rule 60
When only one person or Member is to be elected and no candidate obtains in the first ballot the majority required, a second ballot shall be taken which shall be restricted to the two candidates obtaining the largest number of votes. If in the second ballot the votes are equally divided, and a
majority is required, the President shall decide between the candidates by drawing lots. If a two- thirds
majority is required, the balloting shall be continued until one candidate secures two- thirds of the votes cast; provided that, after the third inconclusive ballot, votes may be cast for any eligible person or Member. If three such unrestricted ballots are inconclusive, the next three ballots shall be restricted to the two candidates who obtained the greatest number of votes in the third of the unres- tricted ballots, and the following three ballots there- after shall be unrestricted, and so on until a person or Member is elected.
Rule 61
When two or more elective places are to be filled at one time under the same conditions, those candidates obtaining in the first ballot the majority required shall be elected. If the, number of candidates obtaining such majority is less than the number of persons or Members to
be elected, there shall be additional ballots to fill the
remaining places, the voting being restricted to the candidates obtaining the greatest number of vote in the previous ballot to a number not more than twice the places remaining to be filled; provided that, after the third inconclusive ballot,
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South Africa (A.27)
It might be well to profit by the experience of the General Assembly of the United Nations in regard to the two- thirds majority.
..
page 12
votes may be cast for any eligible person or Member.
If three such'unrestricted ballots are inconclusive, the next three ballots shall be restricted to the candidates who obtained the greatest number of votes in the third
of the unrestricted ballots, to a number not more than twice the places remaining to be filled, and the following three ballots thereafter shall be unrestricted, and so on until all the placed have been filled.
Rule 62
Subject to any decision of the Health Assembly and to the provisions of Rules 28 - 33 inclusive, the procedure governing the conduct of business by 'Committees of the
Assembly shall conform as far as practicable to the provisions of Rules.43 -61 inclusive relative to plenary meetings, (except that all decisions shall be made by a majority of the members
of any committee present and voting.) Rule 71
Summary records of the meetings of the General Committee and of committees and sub -committees established under Rules 27, 32 and 35 shall be made by the Secretariat and shall be sent as soon as possible to all delegations participating in the meeting, who shall inform the Secretariat in writing not later
than 48 hours thereafter of any corrections they wish to have made. Unless expressly decided by the committee concerned, no record shall be made of the proceedings of the Nominations Committee or t he Credentials Committee other than the report presented'by the committee to the Health Assembly.
Note by the Secretariat: The desirability or otherwise of retatnrng the Words contained in brackets is discussed in."the covering note to document S.58.
A/L/9 Egypt (AlL%5) page 13
Rule 15
Rule
The Health Assembly shall, at each regular At the end, add; "and except in the case
session of the a dmi scion of Members"..
(a) adopt the budget authoriti ing expenditure
for the next financial year after consideration of the Director -General's budget estimate and the Board's recommendations thereon;
(b) consider and approve supplementary estimates for the current financial year'if and as necessary;
(c) examine the report of the auditor on the annual accounts of receipts and expenditures for the preceding financial year and take such action
thereon as may be appropriate;
(d) consider the report of the Director -General on the ptlyment of Members' contributions
(e) on the recommendation of the Board, or on the request of any Member transmitted to the
Director -General not later than 90 days before the opening of the session, review the apportion- ment of the contributions among Members, the
scale of assessments, when once. fixed by. the Health Assembly, shall not be subject to a general revision
for at least three years, unless it is clear that there have been substantial changes in relative
capacities to pay.
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Rul.
At each regular session of the Health Assembly, the members entitled to designate persons to serve on the Board shall be elected for three-year terms, in accordance with Articles 18 (b), 24 and 25 of the Constitution, provided that, when the Board is first constituted, one -third of the members shall be
selected for a period of one year, one- third for a period of two years, and one-third for a period of three years. The members whose terms expire at the end of the above - mentioned initial periods of one andtwo years shall be chosen by lot to be drawn by the President of the Lssem_ immediately after the first election has been completed.
For the purpose of this rules the word "year"
shall be taken to mean the period of time between one election et a ro ar annual session of the Health Assembly and the next election by the Health Assembly.
Rule Z8
Tho term of office of each person designated to
sC'cre on '`_. k a 7!7:vl.1 begin on the opening day of the first meeting of the Board held after the election of the Member concerned and shall end at the expiration
of the period for which such Member has b eon elected.
United States (L.30) Rule 78
"The term of office of each Member entitled to designate a person to serve on the Board shall begin on theopening day of the first meeting of the Board held after the election of the Member concerned and shall end at the expiration of the period for which such Member has been elected ".
:',u1e 84
Should the health ...se.,bly reject the Board's norination, t:_e Beard shall if po,sible submit a fresh proposal within seven Gays.
=.iule 86
In any case rhere the .irector- ::.eneral is unable to perfora the mictions of his office, or
in
the case of a vacancy in such office, t _e sei:ior Ceputy76ssistant7
.irector- General shall serve as cti. Director- _ :ener T, subject to any decision by the hoard.
In addition to e=ercisinl, the functions conferred upon hi:_ by the Constitution as chief technical and: adminis-
trative officer of the Oraiization, the Director- General, subject to the authority of the 'board., shall perform such.
.duties as are specified elsewhere in these hulcs and in the Financial be_ulatiens and staff he, ulations a lne=ed thereto, and as wad: be assigned to him by the . :.ssembly.
2ule 89
nT such application shall be placed on the
a.; enha of the ne=t session of the health Lssewbld rovidéd
the a T lice.
'aca s :;ze ÿ 'rector -- General at least 30
ways before the oz;enin ; of such seSsi^"
hule 04...P.
South :°ica
ll"27)
7eleté thé whole ana substitute thé foi:to..inL;c
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page 15
"Should the real í;h :..sse:'uly reject the Loard.'s nomination,
the Board shall suiiit a fresh proposal as soon as circumstances permit :. ith due re ;ard to the desirability of eisposin ; of the Matter before -t_.e conclusion of the relevant session of the
health Lssew bly. "
hule 86 .,outh :..frica (_:.27)
belote the cords "(:,eputy) (:_ssistaiit )" and substitute the nord "Deputy ".
hule 87 :,outh
:;elete the words "the Z`inancial î.eL ulatio.;s anne._ed thereto, aid.
as _iay be assi; ned to him by the :1sseI:2bly", and substitute the words "the _te ulwtio..s here-,o, ná::ely the =i.ancia:i he ulwtions (-:ï,._e=ure I) aaû the taïf he ulwtions
and as way be assi aed to by the ,'.sseibly or the :,oard."
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The approval of any such application by the Health Assembly, in accordance with Article 6 of the Constitution, shall be
accompanied by a determination of the propor- tionate share of the annual budget and of the working capital fund to be paid by the.
applicant State.
Rule 91
The Director -General shall communicate to the Government of the State applying for membership the decision referred to in Rule
20. Such Government, in accordance with Article 79 of the Constitution, may then deposit with the Secretary -- General of the United Nations a formal instrument of acceptance of the Constitution and shall
become a Member from the date of such deposit.
2112.2_22.
In pursuance of Article 73 of the Constitution, the texts of proposed amend- ments to the Constitution shall be communi- cated to the Director -General at least 6 months in advance of their consideration by the Health Assembly.
Delete.
Rule 90
Rule 91
Egypt (A/L/5))
Egypt (A /L /5)
For the first sentence, substitute the followings
"The approval by the World Health Assembly of any request,, in pursuance of Article 6 of the Constitution,
shall be,immdiately communicated to the Government of the Member which has submitted it.
Egypt (A/L/5) Rule 93
Add a second paragraph as follows:
"Nevertheless the Board may authorize the. Director- General to submit to the Health Assembly any proposed
amendment which, for adequate reasons, has not been communicated within the period specified in the pre- ceding paragraph."
South Africa (A.27) Delete the words following the word "Director- General" and substitute the words "in such time as will permit.. of the transmission of copies thereof by
the Director -General. to. Members not lá.ter than six months before the opening day of the session of the Health Assembly at which they are intended to be
considered."
Rule
94.
The.Director- General shall immediately send to each Member a copy of any such text.
Rule 95
Members accepting proposals for amend- ment adopted by the Health Assembly in
accordance with Article 73 of the Constitu- tion shall effect their acceptance by
depositing.a formal instrument of acceptance with the Director -General.
Rule 96
When two- thirds of the Members have deposited their instruments of acceptance under Rule 95, the Director- General shall register with the Secretary- General of the United Nations a certified copy of the text
of the amendment and shall notify all Members and Associate Members of the entry into force of the amendment as of the date of its
registration with the Secretary -General.
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South Africa (A.27) Rule 94
Delete the whole consequentially upon the proposed amendment of Rule 93.
United States (A /L /4)
21_112._a
Substitute for the words "Director- General"
the words "Secretary- General of the United Nations."
Rule 96 Delete Rule 96.
United States (A /L /4)
