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Rights and obligations of Associate Members and other territories in the World Health Assembly and Executive Board

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directing council regional committee

PAN

AMERICAN

WORL

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SANITARY

HEALTH

~';:~*ORGANIZATION

ORGANIZATION

IX Meeting VIII Meeting Antigua Guatemala

September 1956

.CD9/A (Eng,)

14 August 1956

ORIGINAL: ENGLISI

Topic 30: RIGHTS AND OBLIGATIONS OF ASSOCIATE IETIBERS AND OTHER TERRITORIES IN THE WORLD HEALTH ASSEMBLY AND EXECUTIVE BOARD, AND IN THE REGIONAL COIT1ITTEES

The Director-General of the World Health Organization has re-quested the Director to bring to the attention of the Regional

Committee Resolution WHA9.52 adopted by the Ninth World Health Assembly on the above subject (see Annex I). In this resolution the Assembly, after "considering that it is premature to adopt any changes in the existing rights and obligations of Associate Members," requested

"regional committees to study the subject of the rights and obligations of Associate Members in the regional organizations and to report

there-on." The Executive Board of the WHO is to consider this subject, together with the comments of the regional committees, and submit its recommendations to the Tenth World Health Assembly next year.

This subject was previously referred to the Directing Council, at its VII Meeting (Washington, October 1953), pursuant to Resolution WHA6.38 of the Sixth World Health Assembly, which invited the Regional Committee to comment on the advisability of changes in the rights and

obligations of Associate Members in the Regional Committee. At that meeting of the Council, the Director presented the following report, as set forth in Document CD7/20:

Resolution WHA2.103 of the Second World Health Assembly (1949) provides inter alia that, except in the American Region:

"Associate Members shall have all rights and obligations in the regional organizations, with the exception that they will have no vote in plenary meetings of the Regional Committee, nor in subdivisions dealing with finance or constitutional matters."

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CD9/14 (Eng.)

Page 2

American Sanitary Conference, through the Directing Council of the Pan American Sanitary Organization, shall serve as the Regional Committee of the World Health Organization for the

Western Hemisphere and since the Pan.American Sanitary Conference and the Directing Council are duly constituted under the Pan American Sanitary Code (Treaty Havana, 1924) and the Constitution of the PASO (Buenos Aires, 1947), action by the Council or by the Conference is required to alter their memberships.

It is obvious,that, so long as the present agreement exists, the competent bodies of the PASO must determine the constitution of the Conference and of the Directing Council, ihich serve as the Regional Committee of- the WHO for the Americas.

A statement to the same effect was made by the Director at the Second World Health Assembly (Rome, 1949) when this topic was discussed (see Annex II).

After 'studying the matter at its VII Meeting, the Directing Council adopted Resolution XXI, as follows:

Whereas:

The Director-General of the World Health Organization has brought to the attention of the Directing Council, Regional Committee of the World Health Organization, Resolution WHA6.38

adopted by the Sixth World Health Assembly, inviting it to com-ment on the advisability of changes in the rights and obliga-*tions of Associate Members in regional committees;

At present there are no Associate Members in the Region of the Americas;

The Pan American Sanitary Organization now has the revision of its Constitution under study; and

It is not advisable to change the present situation until the definitive text of the aforesaid revision is approved,

The Directing Council

RESOLVES:

To inform the Director-General of the World Health Organiza-tion, in reply to the inquiry received, that it is the wish of the Directing Council that no measures be taken to change the present

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CD9/14 (hng.)

Page 3

The XIV Pan American Sanitary Conference (Chile, October 1954) resolved to maintain in force without revision the Constitution of the

PASO (Buenos Aires, 1947). The Constitution makes no provision for Associate Members. Article 2-B provides, with respect to "territories

or groups of territories within the Western Hemisphere rhich are not responsible for the conduct of their international relations," that they

"shall have the right to be represented and to participate in the

Organization," and that "the nature and extent of the rights and obliga-tions of these territories or groups of territories in the Organization shall be determined in each case by the Directing Council after consulta-tion with the government or other authorities having responsibility for their international relations."

Resolutions XV and XL of the V Meeting of the Directing Council, the terms of which are implemented in the Rules of Procedure of the Council, defined the participation in meetings of the Directing Council by "States Members of the World Health Organization not having their seats of

govern-ment within the Western Hemisphere, which (a) either by reason of their Constitution consider certain territories or groups of territories in the Western Hemisphere as part of their national territory, or (b) are respon-sible for the conduct of the international relations of territories or groups of territories within the Western Hemisphere." The rules provide inter alia that "all meetings of the Directing Council shall at the same

time be meetings of the Regional Committee of the World Health Organization except when the Directing Council is considering constitutional matters, the juridical relations between the Pan American Sanitary Organization and the World Health Organization or the Organization of American States, or other questions relating to the Pan American Sanitary Organization as an Inter-American Specialized Organization" (Article 7-A). They further provide that "representatives of territories are entitled to participate

and vote on the same basis as those of Members, except that they shall not participate or vote when any of the matters enumerated in Article 7-A

are under discussion" (Article 11); their privilege of voting on budget matters of the Pan American Sanitary Organization is contingent upon an

equitable contribution being made to the PASO budget on their behalf (Article 11-A).

Therefore, in view of the fact that the situation with respect to the Regional Committee of the Americas has not changed, the Director reiterates at this time the views he expressed to the Council at its VII Meeting.

Annex Is Resolution PWHA9.52

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CD9/l1 (Eng.) ANNEX I

RESOLUTION WHA9.52

RIGHTS AND OBLIGATIONS OF ASSOCIATE MEMBERS AND OTHER

TERRITORIES IN THE WORLD HEALTH ASSEMBLY AND THE

EXECUTIVE BOARD, AND IN THE REGIONAL ORGANIZATIONS

The Ninth World Health Assembly,

1

Considering the proposal relating to the rights and obligations of Associate Members,

Considering the statements regarding their rights and obligations made by the representatives of Associate Members,

Considering that it is premature to adopt any changes in the exist-ing rights and obligations of Associate Members,

1. DECIDES to defer to the Tenth Health Assembly re-examination of the rights and obligations of Associate Members;

2. REQUESTS Regional Committees to study the subject of the rights and obligations of Associate Members in the regional organizations and to report thereon;

3. REQUESTS the Executive Board to consider the subject together with the comments of the Regional Committees and to submit its recommendations to the Tenth World Health Assembly.

(Twelfth plenary meeting 23 May 1956

A9/VR/12)

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CD9/l (Eng.)

ANiEAL II

Official Records of the World Health Organization No. 21, Annex 14

(Second World Health Assembly, Rome, 19h9)

RIGHTS AND OBLIGATIOliS Id REGIONAL ORGANIZATIONS:

STATEMiENT BY THE DIRECTOR OF THE PAN AMERICAN SANITARY BUREAU

The agreement between the World Health Organization and the Pan American Sanitary Organization, the terms of which were aper oved by the

First World Health Assembly, has been signed on 24 May 1949, by the Director-General and by the Director of PASB and will come into force upon approval by the Second World Health Assembly. Article 2 of this agreement provides that the Pan American Sanitary Conference, through

the Directing Council of the Pan American Sanitary Organization, shall serve as the Regional Committee of the World Health Organization for the

Western Hemisphere.

The Directing Council of the PASO is duly constituted under the Pan American Sanitary Code (Treaty Havana, 1924) and the Constitution of the PASO (Buenos Aires, 1947). Action by the Council itself or by the Pan American Sanitary Conference is required to alter its membership,

Such action has been taken by the XII Pan American Sanitary

Conference (Caracas, 1947) in the case of Canada, which was specifically

recognized as a member of future Pan American Sanitary Conferences.

The Directing Council of the PASO opened membership to all

self-governing nations of the Western Hemisphere (Constitution, Buenos Aires,

1947).

Similar action would be required before other nations not members

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