WORKING GROUP OF EXPERTS ON STABLE ELECTION PROCEDURES (RES. 78, MINNEAPOLIS, 1998)

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INTERNATIONAL TELECOMMUNICATION UNION
WORKING GROUP OF EXPERTS ON
STABLE ELECTION PROCEDURES
(RES. 78, MINNEAPOLIS, 1998)
1 March 2001
Original: English
REPORT OF THE COUNCIL WORKING GROUP OF EXPERTS
ON STABLE ELECTION PROCEDURES
I
Introduction
1
In accordance with the decision of Council 2001 (twelfth Plenary Meeting, 27 June 2001 -
Appendix 1 to this Report), a Group of Experts was set up under the Chairmanship of Germany
pursuant to Resolution 78 (Minneapolis, 1998 – Appendix 2 to this Report).
2
The task of this Group of Experts was:
-
to develop draft stable election procedures for the election of Member States to the Council,
elected officials, and members of the Radio Regulations Board pursuant to Resolution 78
(Minneapolis, 1998), on the basis of Council Document C2001/51(Rev.1) (Appendix 3 to
this Report) and Council deliberations (Appendix 1 to this Report); and
-
to submit a Report containing these draft procedures to Council 2002 for consideration.
3
The Group was open to participation by all Member States and conducted its work by
electronic means (the list of experts designated by their Administration to take part in the Group’s
work is contained in Appendix 4 to this Report). The Group’s proposal was conveyed to all
Member States and was revised in the light of their comments. The revised Report is submitted to
Council 2002 for consideration. The proposal, as revised by Council, shall be submitted to the next
Plenipotentiary Conference for examination and possible adoption as stable election procedures.
II
Group’s conclusions
4
According to No. 64 of the ITU Constitution, at present, each Plenipotentiary Conference
establishes and adopts the procedures to be followed for the election of Member States to serve on
the Council, for the election of the elected officials (Secretary-General, Deputy Secretary-General
and the Directors of the Bureaux of the Sectors), and for the election of the members of the Radio
2
Regulations Board. In order to save valuable conference time, these election procedures should be
established as permanent rules as is common practice in other United Nations agencies (Resolution
78 (Minneapolis, 1998), Doc. C2001/51(Rev.1) paragraph A.1 and Recommendation 23a) of the
Working Group on ITU Reform).
5
It seems appropriate, as in other United Nations agencies, to group these election
procedures together with the existing “Rules of Procedure of Conferences and other Meetings of the
International Telecommunication Union” and the “General Provisions regarding conferences and
assemblies” extracted from Chapter II of the ITU Convention (as proposed by the Group of Experts
responsible for reviewing the provisions of Chapter II of the Convention). In concurrence with this
Working Group, it is therefore proposed that the new combined text be entitled “General Rules of
Procedure of the International Telecommunication Union”. The election procedures should form a
specific chapter of these “General Rules of Procedure of the ITU” (Doc. C2001/51(Rev.1),
paragraph A.1).
6
At present, according to the constant practice of the Union, candidatures can be announced
at any time prior to the elections, including during the Plenipotentiary Conference. It is indeed up to
the Conference to set the deadline for the deposit of candidatures. But the uncertainty with regard to
the candidatures makes it difficult for Member States to develop national positions prior to the
Conference. In Document C2001/51(Rev.1), paragraph A.4, it is therefore proposed to establish a
deadline for the announcement of candidatures prior to the Conference as is common practice in
other United Nations agencies. This proposal is in concurrence with Recommendation 24 of the
Working Group on ITU Reform (WGR). In § 1 No. 3 of the Draft Election Procedures, three
options are proposed with regard to the deadline for the announcement of candidatures: two weeks
(WGR Rec. 24), one month (Doc. C2001/51(Rev.1) and at least two months (proposed by two
experts of the Working Group). When deciding on the options, consideration should be given to the
time necessary for the Secretary-General to translate the relevant papers into the working languages
of the Union, the time necessary for distribution of the papers as conference documents to the
Member States of the Union and the time necessary for Administrations to consult internally and
with other Administrations on their position.
7
In order to concentrate the work of the Plenipotentiary Conference on matters of substance,
it has been proposed that all the elections mentioned above be held in the first week of the
Conference (Doc. C2001/51(Rev.1) paragraph A.7 and Recommendation 23c) and d) of the
Working Group on ITU Reform).
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3
8
In order to save valuable Conference time it is proposed that all elections be held by
electronic means whenever possible (Doc. C2001/51(Rev.1) paragraph A.8; cf. Recommendation
23b) of the Working Group on ITU Reform).
9
One expert of the Working Group suggested having a provision in the Election Procedures
stating that a candidate holding an appointed post in the Union shall submit his resignation at least
30 days before the beginning of the Conference. The majority of the Working Group’s experts,
however, felt that this point primarily touches upon the relationship between the Union and its staff
and is therefore better dealt with in the ITU Staff Rules and Regulations and not in the Election
Procedures of the Union. It was noted that Article 12.2 of the ITU Staff Rules and Regulations
covers the case described by the one expert.
10
The establishment of stable election procedures as described above makes it necessary to
propose certain consequential amendments to the Constitution, the Convention and the existing
Rules of Procedure (i.e. those adopted by PP–98).
III
Proposed Text
11
The proposed text is set out in Annexes 1 to 4.
-
Annex 1 contains the “Election Procedures” which it is proposed to establish.
-
Annexes 2 and 3 contain, respectively, those provisions of the Constitution and of the
Convention which would need to be amended as a consequence of establishing the
proposed “Election Procedures” as shown in Annex 1 as a specific chapter of the “General
Rules of Procedure of the ITU”.
-
Annex 4 shows the structure of the new combined text entitled “General Rules of
Procedure of the ITU” as proposed by the Group of Experts on Chapter II of the ITU
Convention and proposed to be amended by the Group on Stable Election Procedures by
adding an additional Chapter III “Election Procedures”.
Peter VOSS
Chairman
Group of Experts
on Stable Election Procedures
Annexes: 4
Appendices: 4
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4
ANNEX 1
Election Procedures
These election procedures shall apply to the election of the Member States which are to serve on the
Council, to the election of the elected officials and to the election of the members of the Radio
Regulations Board in accordance with Articles 8 and 9 of the Constitution.
1
General Rules on Election Procedures
1
At least six months prior to the opening of the Conference, the Secretary-General shall
invite Member States to nominate candidatures, if appropriate.
2
Each candidature shall be accompanied by the curriculum vitae of the candidate.*
3
The exact time (Geneva) and date of the deadline for submission of candidatures shall be
specified in the invitation sent by the Secretary-General. That date shall be [at least two
months] [one month] [two weeks] prior to the opening date of the Conference.
4
Candidatures shall be published as conference documents as soon as they have been
received by the Secretary-General.
5
Elections should be held during the first week of the Conference. They should be held after
adoption of the Credentials Committee’s Report by the Plenary of the Conference (see No.
334 of the ITU Convention).
6
Elections shall be held in the following order: 1) Elected officials, 2) Members of the Radio
Regulations Board and 3) Member States to the Council.
7
Elections shall be held by secret ballot.
8
Elections should preferably be held using an electronic system when a suitable system is
available and if the Conference does not decide otherwise.
____________________
*
Not applicable for the election of Member States to the Council.
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9
Whenever ballot papers are used, before proceeding to the vote, one teller for each region
shall be designated by the Chairman from among the delegations present. The Chairman
shall hand them the list of delegations entitled to vote and the list of candidates.
10
Delegations fulfilling the conditions set forth in Article 31 of the Convention shall be
entitled to vote.
11
Proxy votes in accordance with Nos. 335 to 338 of the Convention shall be permitted.
2
Specific Rules of Procedure for the Election of Elected Officials
[1
Elections shall be carried out in two groups on a single day, if at all possible, the first one
comprising the posts of Secretary-General and Deputy Secretary-General, and the second
the posts of Directors of the Bureaux of the Sectors. The second group of elections shall
only start upon completion of the first group of elections.]
[1
Elections shall be carried out in three stages, as follows: first, the Secretary-General;
second, the Deputy Secretary-General; and third, the Directors of the Bureaux of the
Sectors. The election of the Deputy Secretary-General shall only start upon completion of
the election of the Secretary-General. The election of the Directors of the Bureaux shall
only start upon completion of the election of the Deputy Secretary-General.]
2
Candidatures [of one person] for more than one post shall not be permitted.
3
Before proceeding to the elections pertaining to [one group] [each stage], each delegation
entitled to vote shall receive:
a)
a list of the posts included in the [group] [stage], bearing the names of all candidates in
French alphabetical order, together with the names of the Member States which have
presented the candidates or,
b)
when ballot papers are used to hold the elections, a separate ballot paper for each of the
posts included in the [group] [stage], bearing the names of all candidates in French
alphabetical order, together with the names of the Member States which have presented the
candidates.
4
Each delegation should indicate the candidate it supports:
a)
by electronic means or,
b)
when ballot papers are used to hold the elections, on its ballot paper by means of an “X” in
the box against the name of that candidate.
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6
5
Any candidate obtaining the majority [see No. 72 of the Rules of Procedures of
Conferences and other Meetings of the ITU] [see No. 115 of the General Rules of
Procedure of the ITU*] shall be elected.
6
Blank ballot papers shall be considered as abstentions. Ballot papers with more than one
box marked, or bearing any mark other than an “X” inside a box, or bearing any mark
whatsoever outside the boxes, shall be considered as invalid and shall not be counted. In
computing the majority, delegations abstaining from voting shall not be taken into account.
7
When the number of abstentions exceeds half the number of votes cast, the provisions of
[No. 78 of the Rules of Procedure of Conferences and other Meetings of the ITU] [No. 121
of the General Rules of Procedure of the ITU*] shall apply.
8
When the counting of the votes is completed, the Chairman of the Conference shall
announce the results of the ballot in the following order:
-
number of delegations entitled to vote;
-
number of delegations absent;
-
number of abstentions;
-
number of invalid ballot papers;
-
number of votes recorded;
-
number of votes constituting the required majority;
-
number of votes secured by each of the candidates, in ascending order of the number of
votes;
-
name of the elected candidate, if any.
9
When, in the first ballot, no candidate obtains the necessary majority of the votes, one or –
if required – two further ballots shall be taken after successive intervals of at least six hours,
unless the Conference decides otherwise, from the announcement of the results.
10
When, after the third ballot, no candidate has obtained the necessary majority of votes,
there shall, after an interval of at least twelve hours, unless the Conference decides
____________________
*
As proposed to be amended by the Group of Experts on Chapter II of the ITU Convention.
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otherwise, from the announcement of the results, be a fourth ballot in which the two
candidates having the largest number of votes at the third ballot shall be voted upon.
11
If however, after the third ballot, there is a tie between several candidates so that the two
candidates to be voted upon at the fourth ballot cannot be selected, one or, if necessary, two
additional ballots, after successive intervals of at least six hours, unless the Conference
decides otherwise, from the announcement of the results, shall be first held to distinguish
between the candidates in question.
12
When there is a tie in both the additional ballots mentioned in paragraph 11 above, the
Chairman of the Conference shall draw lots to determine the candidate or candidates to be
selected among those having obtained the same number of votes.
13
When, after the last ballot, there is a tie, the Chairman shall draw lots to determine the
candidate who shall be declared elected.
3
Specific Rules of Procedure on Election to the Radio Regulations Board
1
The total number of members of the Radio Regulations Board and the number of seats per
region of the world shall be decided in accordance with Nos. 62 and 93A of the
Constitution.
2
The Conference may only re-open the list of candidatures for the region(s) concerned for a
seat on the Radio Regulations Board if:
a)
changes are made to the regions of the world or to the composition thereof;
b)
the total number of members of the Radio Regulations Board increases; or
c)
the number of members per region of the world increases.
3
Before proceeding to the vote, each delegation entitled to vote shall receive:
a)
a list bearing the names, in French alphabetical order, of the candidates together with the
names of the Member States which have presented the candidates, grouped into the regions
of the world or,
b)
when ballot papers are used to hold the elections, a respective ballot paper bearing the
names, in French alphabetical order, of the candidates together with the names of the
Member States which have presented the candidates, grouped into the regions of the world.
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8
4
Each delegation shall indicate the names of the candidates it supports, up to a maximum of
the number of candidates per region whose election is permitted according to paragraph 3.1
above:
a)
by electronic means or,
b)
when ballot papers are used to hold the elections, on its ballot paper by means of an “X” in
the box against each of these names.
5
Ballot papers bearing more than the permitted number of “X” per region shall be
considered invalid and shall not be counted for the region or regions concerned. Ballot
papers bearing any mark other than an “X” inside a box, or bearing any mark whatsoever
outside the boxes, shall be considered invalid and shall not be counted.
6
After the count, a list shall be drawn up by the secretariat of the candidates in each region in
decreasing order of the number of votes obtained. This list shall be handed to the Chairman
of the Conference - after verification by the tellers - in the case that ballot papers were used
to hold the elections.
7
The candidates per region receiving the largest number of votes within the limit of the
number of seats to be filled shall be elected as members of the Radio Regulations Board.
8
When required a special ballot shall be held to decide between candidates for the same
region having received an equal number of votes after an interval of at least six hours,
unless the Conference decides otherwise, from the announcement of the results.
9
When there is a tie following the special ballot, the Chairman of the Conference shall draw
lots to determine the candidate(s) who shall be declared elected.
4
Specific Rules of Procedure for the Election of the Member States to the
Council
1
The total number of Member States to be elected and the number of seats per region of the
world shall be decided in accordance with No. 50A of the Convention and No. 61 of the
Constitution.
2
The Conference may only re-open the list of candidatures for the region(s) concerned for a
seat on the Council if:
a)
changes are made to the regions of the world or to the composition thereof;
b)
the total number of seats of the Council increases; or,
c)
the number of seats per region of the world increases.
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3
Before proceeding to the vote, each delegation entitled to vote shall receive:
a)
a list bearing the names, in French alphabetical order, of the Member States which are
candidates, grouped into the regions of the world or,
b)
when ballot papers are used to hold the elections, a single ballot paper bearing the names, in
French alphabetical order, of the Member States which are candidates, grouped into the
regions of the world.
4
Each delegation shall indicate the names of the Member States it supports, but not more
Member States per region than the number of countries whose election is permitted
according to paragraph 4.1 above:
a)
by electronic means or,
b)
when ballot papers are used to hold the elections, on its ballot paper by means of an “X” in
the box against each of these names.
5
Ballot papers bearing more than the maximum permitted number of “X” per region shall be
considered as invalid and shall not be counted for the region or regions concerned. Ballot
papers bearing any mark other than an “X” inside a box, or bearing any mark whatsoever
outside the boxes, shall be considered invalid and shall not be counted.
6
After the count, a list shall be drawn up by the secretariat of candidate Member States in
each region in decreasing order of the number of votes obtained. This list shall be handed to
the Chairman of the Conference - after verification by the tellers - in the case that ballot
papers were used to hold the elections.
7
If, for any region, several Member States tie for the last seat or seats, a special ballot shall
be taken to decide between the candidates after an interval of at least six hours, unless the
Conference decides otherwise, from the announcement of the results.
8
When there is a tie after the special ballot, the Chairman of the Conference shall draw lots
to determine the Member State(s) which shall be declared elected.
9
Shall be elected to the Council those Member States which shall obtain the highest number
of votes in their respective region within the limit of the number of seats to be filled.
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ANNEX 2
Provisions of the ITU Constitution to be amended as a consequence of the
establishment of stable election procedures
ARTICLE 9
Principles Concerning Elections and Related Matters
64
2
Provisions relating to taking up duties, vacancy and re-eligibility are
contained in the Convention.
ARTICLE 32*
General Rules of Procedure of the Union
177
PP-98
1
The General Rules of Procedure of the Union adopted by the
Plenipotentiary Conference shall apply to the preparation of conferences and
assemblies, to the organization of the work and conduct of the discussions of
conferences and other meetings of the Union and to the election process of
Member States of the Council, elected officials and members of the Radio
Regulations Board.
* Amendments of the text in italics are proposed by the Group of Experts on Chapter II of the ITU
Convention
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ANNEX 3
Provisions of the ITU Convention to be amended as a consequence of the
establishment of stable election procedures
ARTICLE 31
Credentials for Conferences
334
PP-98
5
Credentials should be deposited with the Secretary-General of the
Union prior to the opening date of the conference. The committee referred to
in No. 68 of the General Rules of Procedure of the Union shall be entrusted
with the verification thereof and shall report on its conclusions to the Plenary
Meeting within the time specified by the latter. Pending the decision of the
Plenary Meeting thereon, any delegation shall be entitled to participate in the
conference and to exercise the right to vote of the Member State concerned.
* Amendments of the text in italics are proposed by the Group of Experts on Chapter II of the ITU
Convention
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ANNEX 4
General Rules of Procedure of the International Telecommunication Union *
CHAPTER I
General Provisions regarding conferences and assemblies
CHAPTER II
Rules of procedure of conferences and other meetings
CHAPTER III
Election Procedures
CHAPTER IV
Proposal, Adoption and Entry into Force of Amendments
to These General Rules
*Text in italics is proposed by the Group of Experts on Chapter II of the ITU Convention
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APPENDIX 1
INTERNATIONAL TELECOMMUNICATION UNION
Document C2001/127-E
... June 2001
Original: English
COUNCIL
GENEVA —
2001 SESSION — (18 - 29 JUNE)
PLENARY MEETING
SUMMARY RECORD
OF THE
TWELFTH PLENARY MEETING
Wednesday, 27 June 2001, at 1435 hours
Chairman: Mr Y. GRIN (Russia)
2
Implementation of Resolution 78 (Minneapolis, 1998)
(Document C2001/51(Rev.1))
2.1
The Chairman drew attention to Document C2001/51(Rev.1), containing a submission
from Germany addressed to the Secretary-General for the establishment of a working group of legal
experts with the task of preparing a proposal for election procedures, in pursuance of Resolution 78
(Minneapolis, 1998). The group would be open to participation by all Member States and could
conduct its work by electronic means. The group's proposal would be conveyed to all Member
States and revised in the light of their comments. The revised text would be submitted to
Council-02 for consideration.
2.2
The representative of Morocco, welcoming the German proposal, proposed that
Document C2001/51(Rev.1) be considered in conjunction with WGR Recommendation 24, which
recommended that the deadline for presenting candidacies should be two weeks before the start of
the plenipotentiary conference.
2.3
The representatives of Denmark, the United Kingdom and Italy supported
Document C2001/51(Rev.1) and the proposal by the representative of Morocco. So too did the
representative of Saudi Arabia, who proposed deleting the word "legal" so that the title of the
working group would be "a working group of experts".
2.4
The Chairman said that if there were no objections, a working group of experts would be
set up as proposed in Document C2001/51(Rev.1), under the leadership of Germany, with its title
and mandate amended as proposed during the discussion.
2.5
It was so agreed.
The Secretary-General:
Y. UTSUMI
The Chairman:
Y. GRIN
14
APPENDIX 2
RESOLUTION 78 (Minneapolis 1998)
Stable procedures for the election of Member States
to the Council, elected officials, and members
of the Radio Regulations Board
The Plenipotentiary Conference of the International Telecommunication Union (Minneapolis,
1998),
considering
a)
that, in accordance with No. 64 of the Constitution, the procedures to be followed for the
election of Member States to the Council, elected officials, and members of the Radio Regulations
Board shall be established by each plenipotentiary conference;
b)
that one of the basic principles in ITU is equitable geographical and gender distribution of
posts for all levels of staff, elected and appointed;
c)
that candidates for these positions can be announced at any time prior to the election,
including during the conference;
d)
that the resulting uncertainty regarding the procedures and candidatures makes it difficult to
develop national positions in preparation for the elections;
e)
that it is desirable to improve the efficiency of the election procedure,
recognizing
that it is common practice in other United Nations agencies to have established election procedures
and a deadline for the announcement of candidates,
resolves to instruct the Council
1
to develop, in consultation with all Member States, draft stable procedures for the election
of Member States to the Council, elected officials, and members of the Radio Regulations Board;
2
to submit a report containing these draft stable procedures to the next plenipotentiary
conference for examination and possible adoption as permanent procedures.
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APPENDIX 3
...
- 16 -
...
- 17 -
...
- 18 -
...
- 19 -
...
20
APPENDIX 4
Council Working Group on Stable Election Procedures
List of Experts
Peter VOSS
Germany (Federal Republic of)
Nicolas DIKOV
Bulgaria (Republic of)
Janis DORAN
Canada
Bruce GRACIE
Canada
Mette KONNER
Denmark
Marie-Laure ARISTY
Dominican Republic
Jacqueline SPINDLER
United States of America
Marie-Odile BEAU
France
Kavouss ARASTEH
Iran (Islamic Republic of)
Javad H. ROUHBAKHSH
Iran (Islamic Republic of)
Andrea MACCHIONI
Italy
Masashi ITO
Japan
Masanori KONDO
Japan
Miwa KOSHIISHI
Japan
Masahiro NISHIMORI
Japan
Simone MEIJER
Netherlands (Kingdom of the)
Cristina LOURENÇO
Portugal
Nabil KISRAWI
Syrian Arab Republic
Zdenek VOPARIL
Czech Republic
Karen TROLL
Switzerland (Confederation of)
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