UNESCO. General Conference; 30th; Records ... - unesdoc - Unesco

out of 14 organizations (which I am going to quote) only two - FAO and WIPO - have terms of six years. FAO
has six years, IAEA has four years, ICAO has three years, IFAD four years, ILO five years, IMF five years, IMO
four years, ITU five years, UNIDO four years, UPU five years, WHO five years, WIPO, as I mentioned, six
years, WMO four years, and the World Bank five years. So, in fact, six years is somewhat abnormal in the United
Nations system; five years and four years are more the norm. Since we have a biennial programme implemented
over a two-year period we cannot really go for five, and that is why New Zealand and Canada have proposed four
years. We support that. Thank you very much, Madam President.
66.1 The PRESIDENT:
I thank the distinguished delegate of South Africa. This brings me to the end of my list. I shall try to sum
up the situation in which we are now, and shall then ask the Legal Adviser whether I am right in my summing up.
66.2 We have an amendment presented by New Zealand, proposing an amendment to the Constitution which
would require a two-thirds majority of the Members present and voting to be accepted. Then we have an
amendment to this amendment, as presented by Canada, which would require only a simple majority of Members
present and voting. Then we have a proposal, supported by several countries, that this matter should not be
decided today but should be left for the Executive Board to deal with, for submission to the General Conference
at its 31st session. There is also an additional proposal which was put forward by Argentina but which would
involve a change in the Constitution and therefore in my opinion - and we shall hear the Legal Adviser on that -
does not fulfil the conditions to be met for presenting such a proposition.
66.3 Now, I shall put to the vote the proposal, supported by several countries, that the matter should not be
dealt with now, but by the General Conference at its 31st session. If this were carried, then the contract with the
Director-General would be for a period of six years - there is nothing specified in the contract about the
possibility of an extension. If it were carried, it would rule out the Canadian amendment to the New Zealand
proposal. Is that clear?
66.4 I give the floor to the representative of Kenya on a point of order.
67. Mr WANDIGA (Kenya):
Madam President, your summary is almost perfect, but I did indicate in my intervention that the
Canadian amendment is receivable under Rule 114 and not 87, and therefore it, too, requires a two-thirds
majority.
68. The PRESIDENT:
Thank you, Sir, that is something we shall also hear an opinion on. I am a layman in such matters but I
repeat that there has to be a figure in the contract of the Director-General. If it is accepted that the matter be
postponed, the present rules laid down in the Constitution would stand, i.e. six years followed by six years. It
would rule out the Canadian amendment to the New Zealand amendment to the Constitution. But, as far as New
Zealand's amendment to the Constitution is concerned, that could be dealt with by the Executive Board and the
Conference at its next session. It still could be accommodated. Because there is nothing in the contract with the
Director-General which says anything about a further term of office, so it would not rule out that amendment; nor
would it rule out what Argentina proposed, because that could still be dealt with. That is all. I believe I have
summed up the situation correctly. I should like to hear a legal opinion.
69.1 The LEGAL ADVISER:
Madam President, you have stated that a number of delegations have proposed the adjournment of the
debate on this item to the 31st session of the General Conference. If you put this motion to the vote and it is
carried, it would mean that the person who would be appointed Director-General by this General Conference at
this session would have a term of six years. That would be the only matter which would be certain, because if he
has a term of six years, subsequently the Constitution may be amended to grant a further term of four years or a
further term of two years, or you may decide not to attempt to amend the Constitution at any future date at all.
69.2 Therefore, in brief, if the motion is carried, the next Director-General will have a term of office of six
years. The issue of a subsequent term would be decided by the General Conference in future. Thank you Madam
President.
70. The PRESIDENT:
Do you agree with my summing up? I understand this will rule out the Canadian amendment. The Legal
Adviser has the floor.
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