, WORLD HEALTH ORGANIZATION ORGANISATION MONDIALE DE LA SANTE
REGIONAL OFFICE FOR THE WESTERN PACIFIC BUREAU REGIONAL DU PACIFIQUE OCCIDENTAL
REGIONAL COMMITTEE Thirtieth session Singapore" 2-8 Octob~'r 1979 ... . Provisional agenda item 10
WPR/RC30/8 1 October 1979 ORIGINAL: ENGLISH
REPORT OF THE SUB-COMMITTEE ON THE RULES OF PROCEDURE OF THE REGIONAL COMMITTEE FOR THE WESTERN PACIFIC The Sub-Committee on the Rules of Procedure met in Singapore on 1 October 1979. The following representatives attended: Dr G. Howells, Australia Dr F. Chastel, France Dr A. Chew, Singapore The representative from Samoa was not able to be present. ,;
-
Dr Chastel (France) was elected Chairman and Dr Chew (Singapore) Rapporteur. Members of the Sub-Committee had before them Document WPR/RP/l (see Annex I) , prepared by the Secretariat, which explained the procedure for nomination of the Regional Director and contained, as Annexes 2 and 3, proposed amended texts of Rule 51 of the Rules of Procedure. In accordance with Rule 53 of the Rules of Procedure, the Sub-Committee decided to recommend to the Regional Committee that Rule 51 be amended as set out in Annex 2 of Document WPR/RP/1. In proposing the amendment, the SubCommittee recognized that submission of a single name to the Executive Board would bring the Rules of Procedure into line with the rules of procedure of the other Regional Committees. Accordingly, the Sub-Committee recommended the adoption of the following resolution: The Regional Committee, Recalling resolution WPR/RC29.R20 on the Rules of Procedure of the Regional Committee for the Western Pacific; Having considered the report of the Sub-Committee established to study Rule 51;
'-
WPR/RC30/8 Page 2 ,.. DECIDES to replace the present Rule 51 of the Rules of Procedure with the following text: Rule 51 Not less than six months before the date fixed for the opening of a session of the Committee at which persons are due to be nominated as Regional Director, the DirectorGeneral shall inform each Member that he will receive proposals for the names of persons for nomination by the Comm~ttee as Regional Director. Any Member may propose the name of one or more persons for the post of Director; submitting with the proposal particulars of each person's qualifications and experience. Such proposals shall be sent to the Director-General, so as to reach him at the Headquarters of the Organization at Geneva, Switzerland, not less than twelve weeks before the date fixed for the opening of the session. The Director-General shall, not less than ten weeks before the date fixed for the opening of the session of the Committee, cause copies of all proposals for nomination for the post of Director (with particulars of qualifications and experience) received by him within the period specified to be sent to each Member. If no proposals have been received by the Director-General in time for transmission to Members in accordance with this Rule, Members shall be informed accordingly not less than ten weeks before the opening of the session of the Committee. The Committee shall itself establish a list of candidates composed of the names proposed in secret by the representatives present and entitled to vote. ,If the Director in office is available for reappointment, the Director-General shall inform each Member accordingly at the time when he invites proposals for names of nominees for the post of Director. The name of the Director in office thus available shall automatically be submitted to the Committee and shall not require a proposal from any Member. The nomination of the Regional Director shall take place at a private meeting of the Committee. The Regional Director is elected by secret ballot from amongst the persons proposed in accordance with this Rule. For this purpose each representative entitled to vote shall write on his ballot paper the name of a single candidate chosen from amongst the persons proposed. If no candidate obtains the majority required, the candidate who obtains the least number of votes shall be eliminated at each ballot. If the number of candidates -is reduced to two, there shall
WPR/RC30/a Page 3
be as many ballots as are necessary in order to secure a majority for either candidate~ In the event of a tie between the remaining candidates after three such ballots, the whole voting procedure established by this paragraph' shall be recommenced. The name of the person so nominated shall be submitted to the Executive Board.
ANNEX I WORLD HEALTH ORGANIZATION . ORGANISAT'ON MONDIALE , DE LA SANTE
.,. REGIONAL OFFICE FOR THE WESTERN PACIFIC BUREAU RtGIONAL DU PACIFIOUE OCCIDENTAL
REGIONAL COMMITTEE Sub-Committee on the Rules of Procedure Singapore 1 October 1979
WPR/RP/l 22 August 1979 ORIGINAL: ENGLISH
-
PROCEDURE FOR THE NOMINATION OF THE REGIONAL DIRECTOR Prepared by the Secretariat During its twenty-ninth session, a proposal was submitted to the Regional Committee for an amendment to Rule 51 of the Rules of Procedure concerning the nomination of persons for the post of Regional Director (Annex 1). In accordance with Rule 53, the Regional Committee, by its resolution WPR/RC29.R20,l established a sub-committee, composed of representatives of Australia, France, Samoa and Singapore, to study Rule 51 and to report its recommendations to the Regional Committee at its thirtieth session. To facilitate the work of the Sub-Committee, the secretariat has prepared the present document in order to: explain the procedure followed in the other regional committees for nomination for the post of Regional Director; describe the prevailing situation in the Western Pacific; suggest a solution to any difficulties which the system may present. prese~t
1. According to Article 52 of the WHO Constitution,2 the Regional Director is "appoin~ed by the Board in agreement with the regional committee". From the earliest years of the Organization, a practice developed under which the "agreement" of the regional committee, required by the Constitution, was expressed by means of the Committee electing a candidate. All the regional committees adopted a provision
lSee Report of the WHO Regional Committee for the Western Pacific, twenty-ninth session, 1978, page 33. 2See Basic Documents, 29th ed., 1979, p~ge 13.
WPR/RP/l ~age 2 to that effect in their respective rules of procedure, which provided for them to elect a single candidate for the post, whose name was submitted to the Executive Board for appointment. The practice of submitting the name of a single candidate was first questioned by a gover~nt in 1956. The government proposed that, in order to playa more effective part in the selection, the Executive Board should receive the names of all the candidates for the post of Regional Director and should choose one from amongst them, the name of whom would be referred to the regional committee for confirmation. 1 As requested by the Board in resolution EB19.R6l, the Director-General invited the comments of the regional committees, the majority of which favoured a single candidature (Africa, the Americas, South-East Asia and the Eastern Mediterranean), the other regional committees reaching no clear conclusion. 2 After considering the matter, the Board decided, by resolution EB23.R51, that no change in the practice was necessary at that time. The matter was raised again in 1964. In a document presented to the Board it was underlined that "since it would appear from the text of Article 52 of the Constitution that its framers intended the major responsibtlity for decision to rest with the Executive Board, it would appear reasonable that the Board request regional committees normally to submit the names of more than one candidate (for example, three) so as to permit the Board to exercise its responsibilities of making the appointment. Should the regional committee decide to propose the reappointment of the current incumbent to the exclusion of any other candidate, it could in this case put forward a single name.,,3 In its resolution EB33.R42, the Executive Board, witbout giving its formal endQrsement, requested the regional committees to consider those suggestions. Four of the regional committees (Africa, the Americas, South-East Asia and the Eastern Mediterranean) confirmed the past· practice -of -submitting the name of-a-slngie cand~date to· the Board for appointment. The Regional Committee for Europe decided to provide, in- two limitedcases,_ for the poss:i.liilit::y---or-two cancl1CIiturea .to be submitted to the Board: (a) where there was a tie between two candidate, which could not be resolved by three further ballots; (b) where the Committee wished to present a second candidate if the person first nominated was not available. Only the Regional Committee for the Western Pacific, taking into account the suggestion presented, decided to 'amend its Rules of Procedure and to adopt the rule at present in force. 2. Under Rule 51 of the Regional Committee for the Western Pacific Rules of Procedure, the Committee elects by secret ballot not less than two and not more than three candidates from amongst the persons proposed in accordance with that Rule, a separate v,ote being taken for each of the candidates. The names of those persons so nominated are then submitted to the ~xecutive Board in the order of preference
-
~
~
lwHo
Official Records, No. 76, 1957, Annex 22.
\rnO Official ReCords, No. 88, 1958, Annex 5. 3WUO Official Records, No. 132, 1964, Annex 19.
..
-
WPR/RP/l page 3 as indicated by the order of their election. As underlined by the representative who suggested the amendment to the present rule, the first question is to determine whether or not it is really necessary to elect more than one candidate for the post of Regional Director when no other regional committee does it. This submission of several names to the Executive Board might put the Board in a difficult situation. It could be argued for instance whether the Board would have the possibility of changing the order of preference as indicated by the Regional Committee and of appointing the candidate presented as a second choice. Another question has also been raised regarding the real need, if it were decided to retain the principle of several candidatures. to take separate votes for each of the candidates. It could be embarrassing for the Regional Committee to proceed with another ballot in respect of the candidate who was not elected during the first ballot. At any rate, it could be argued that it is superfluous to proceed to a second ballot, the result of the first one having clearly indicated the order of preference between the candidates. Accordingly the Committee might wish to simplify these procedures. 3. Two possibilities could be envisaged, depending upon whether the principle of submission of. several names to the Executive Board is maintained: <a) Should the Regional Committee wish to reverse the present situation and to bring its Rules of Procedure into line with those of the other regional committees, i.e., the provision calling for the submission of a single name to the Executive Board, an amendment to. Rule 51 would be f required. This amendment would affect paragraphs 1. 6, 7, 9, 10 and 11 of the present rule: . (1) paragraph 1 should be replaced by the following text: "Not less than six months before the date fixed for the opening of a session of the Committee at which persons are due to be nominated as Regional Director, the Director-General shall inform each Member that he will receive proposals for the names of persons for nomination by the Committee as Regional Director." (ii) paragraph 6 should be replaced by the following text: "The norq.ination of the Regiona~ Director shall take place at a private meeting of the Committee. The Regional Director is elected by secret ballot from amongst the persons proposed in accordance with this Rule." (iii) paragraphs 7 and 9 should be deleted.
WPR/'B.P/I
.. (iv) paragraph 10 should be replaced by the following text: "The name of the person so nominated shall be submitted to the Executive Board." (v) paragraph 11 should be deleted.
page 4
A revised text of Rule 51 incorporating the suggested amendments is attached as Annex 2 •. (b) Should the Committee decide to maintain the principle of the submission of several candidates, it may be asswned that it would wish to present only two candidates. To permit the Committee to indicate the order of preference between the two candidates without taking a separate vote for each of them, the following amendments to Rule 51 could be envisaged in respect of paragraphs 6, 7, 8, 9, 10 and 11: (i) the second sentence of paragraph 6 should be replaced by the following text: "The Committee shall elect not less than one and not more than two candidates by secret ballot from ~ongst the persons proposed in accordance with this Rule. " (ii) (iii) paragraph 7 should be deleted. paragraphs 8, 9 and 10 should be replaced by the following text: "For this purpose each representative entitled to vote shall write on his ballot paper the name of one or two candidates chosen from amongst the persons proposed. In order to be nominated, a candidate has to obtain the majority required. If no candidate obtains the majority required, there shall be as many ballots as are necessary in order to secure the majority required for one of them. The name of the person or persons so nominated shall be submitted to the Executive Board; in the event that two persons are proposed, their names will be submitted to the Board in order of preference as indicated by the election." (iv) paragraph 11 should be deleted.
..
..
A revised text of Rule 51 incorporating the suggested amendments is attached as Annex 3.
WPR/RP/l page 5/6
ANNEX 1 TRANSLATION FROM FRENCH
Medecin general Charpin Representative of France To: Dr Francisco Dy, WHO Regional Director for the Western Pacific Region
Manila, 25 August 1978
Sir, Now that you have kindly taken action in compliance with my wish for the revision of Article 51 of our Rules of Procedure and the honourable representative of the United States of America has rightly asked me to explain my position, I have the honour to address you in my capacity both as representative and as one of the present officers. My first question is whether it is really necessary to designate more than one candidate for the post of Regional Director, despite the increased importance given to the regional organizations, considering that to the best of my knowledge the choice thus left to the Executive Board exists only in the Western Pacific Region. My second question is whether, if the principle of proposing two or three candidates for the post of Director is maintained, there need to be as many ballots as there are candidates to be designated, a procedure which seems to me pointless and invidious towards the last candidate. I hope by raising these questions both to clarify the procedure for the election of our Director and to help strengthen the authority of our Regional Office. I have the honour to be, Sir,
...
Your obedient servant
(signed) Dr Charpih
• WPlt/RP/1 page 7/8 ANNEX 2
RULES OF PROCEDURE OF THE REGIONAL COMMITTEE FOR THE WESTERN PACIFIC Rule 51 Not less than six months before the date fixed for t~e opening of a session of the Committee at which persons are due' to be nominated as Regional Director, the Director-General shan inform each Member that he will receive proposals for the names of persons for nomination by the Committee as Regional Director. Any Member may propose the name of one or mor! persons for the post of Director, submitting with the proposal particulars of each person's qual i fications and experience. Such proposals shall be sent to the Director-General, so as to reach him at the Headquarters of the Organization at Geneva, Switzerland, not less than twelve weeks before the date fixed for the opening of the session. The Director-General shall, not less than ten weeks before the date fixed for the opening of the sess ion of tlle Committee, cause copies of all proposal. for nomination for the post of Director (with particulars of qualifications and experience) received byhi~ within the peripd specified to be s~nt to each Member. ' , If no proposals have been received by the Director-General in time for transmission, to Members in accordance with this Rule, Members shall be informed accordingly not le,ss than ten weeks before the opening of the oession of the Committee. TheC9IDJIlittee shall itself establish a list of candidates composed of the' na.. proposed in secret by the representative. present and entitled to vote. If the ,Director in office is available for reappointment, the Director-General shall inform each Member accordingly at the time when he invites proposals for names of nominees for the post of Director. The name of the Director in office thus available shall automatically be .ubmitted to the Committee and .h.ll not require a proposal from any Member.
The nomination of the Regional Director shall take place at a private meeting of theColIDittee. The Regional Director is elected by secret ballot from amongst the peraona proposed in accordance with this Rule. For this purpose each representative entitled to vote shall write on his ballot paper the name of a single candidate chosen from amongst the persons proposed. I f ' no candidate obtains the '. majority required, the candidate who obtains the least number of votes shall be eliminated at each ballot. If the number of candidates is reduced to two, there shall be as many ballots as are necessary in order to secure a majority for either candidate. tn the evept of a tie between' the remaining candidates after three such ballots, the whole voting procedure established by this paragraph shall be ~ecommeaced.
,..
The name of the person so nominated shall be submitted to the Executive Board.
.. WPR./RP/l page 9
ANNEX 3
RULES OF PROCEDURE OF THE REGIONAL COMMITTEE FOR THE WESTERN PACIFIC Rule 51 Not less than six months before the date fixed for the opening of a session of the Committee at which persons are due to be nominated for the post of Director, the Director-General shall inform each Member that he will receive proposals for the names of persons {or nomination by the Committee for the post of Director. '~irector,
Any Member may propose the name of one or mot:e persons for the pos t of submitting with the proposal particu16rs of each person' s qual ificationsand experience. Such proposals shall be sent to the Director-General, so as to reach him at the Headquarters of the Organization at Geneva, Switzerland, not less than twelve weeks before the date fixed for the opening of the session.
~
The Director-General shall, not less than ten weeks before the date fixed for the opening of the sess ion of the Commi ttee I cause copies of all proposals for nomination for the post of Director (with particulars of qualifications and experience) received by him within the period specified to be sent to each Member. If no proposals have been received by the Director-General in time for transmission to Members in accordance with this Rule, Members' shall be informed accordingly not less than ten weeks before the opening of the session of the Committee. The Committee shall itself establish a list of candidates composed of the names proposed in secret by the representatives present and entitled to vote. ___ If the Director in office is available for reappointment, the Director-General shall inform each Member accordingly at the tiae when he invites proposals for names of nominees for the post of Director. The name of the Director in office thus available shall automatically be submitted to the Committee and shall not require a proposal from any Member.
"',.
The nomination of persons for the post of Director shall take place at a private meeting of the Committee. The Committee shall elect not le.. than one and not more than two candidates by secret ballot fromamonast the persons proposed in accordance with this Rule. For this purpose each representative entitled to vote ahall write on his ballot paper the.name of one or two candidates chosen from amongst the persons proposed. In order to be nominated, each candidate h-as to obtain the majority required. If no candidate obtains the majority required, there shall be as many ballots as are necessary in order to secure the majority required for one of them. The name the person or persons so nominated shall be 8ubmitted to the Executive Board; in the event that two persons are proposed, their names will be submitted to the Board in order of jarefer8llce as indicated by .the election.
of