COMMITTEE ON CONSTITUTIONAL AND LEGAL MATTERS
Ninety-seventh Session
Rome
,
21
-
23 October 2013
Voting procedures by the Conference (appointment of the Independent Chairperson of the Council and election of Council Members) - Amendment to the General Rules of the Organization
I
INTRODUCTION
1.
The purpose of this paper is to review the voting procedures followed by the Conference with respect to the election of the Independent Chairperson of the Council (ICC), in situations where there is only one candidate for the office, and with respect to the election of Council Members. This review is following the 38th Session of the Conference, held from 15 to 22 June 2013, and the 147th Session of the Council, held immediately thereafter, on 24 June 2013.
II.
ELECTION OF THE INDEPENDENT CHAIRPERSON OF THE COUNCIL
10.
At the 2013 Session of the Conference, some Members held the view that notwithstanding the political considerations put forward between 1955 and 1957, in 1983 and 1984 and again in 1998 and 1999, and the nature of the office of ICC, the ICC could be elected by general consent, instead of by secret ballot, in situations where there was only one candidate for the position. The matter is therefore one for political decision by the membership. Should the CCLM, and subsequently the Council, and ultimately the Conference be of the view that there is no need to hold a secret ballot for the election of the ICC in the presence of only one candidate for the office, the draft Conference Resolution set out in Appendix 1 to this document could be considered.
Appendix 1
RESOLUTION
__/2015
Amendment of Rule XII, subparagraph 10(a) of the General Rules of the Organization
THE CONFERENCE,
Recalling that during its 147th Session in June 2013, the Council heard proposals from Member Nations concerning, inter alia, elections and votes;
Noting that the Committee on Constitutional and Legal Matters at its 97th Session in October 2013 recommended an amendment to Rule XII of the General Rules of the Organization and that the Council at its 148th Session in December 2013 endorsed the proposed amendment;
Decides to amend Rule XII of the General Rules of the Organization as follows:
Rule XII
Quorum and Voting Arrangements at Meetings of Conference and Council
(...)
10.
(a)
The appointment of
the Chairperson of the Council and of the
Director-General
,
and
the admission of additional Member Nations and Associate Members shall be decided by secret ballot. Other elections shall likewise be decided by secret ballot, except that in the case of an election in which there are not more candidates than vacancies the Chairperson may submit to the Conference or Council that the appointment be decided by clear general consent.
(Adopted on ....)