Tutorial for leadership teams of ITU-T study groups,
TSAG, tariff groups and focus groups
Overview of the Constitution, the
Convention and the General Rules of
Conferences, Assemblies and Meetings
Arnaud GUILLOT
LEGAL ADVISER
ITU
Geneva, 15-16 December 2008
LEGAL FRAMEWORK
WTSA Res. 1 – Rules of Procedure of the ITU
Telecommunication Standardization Sector
Rec. A.1. Work Methods for Study Groups of the ITU-T
Those legal instruments as well as those working procedures
adopted by any meeting of a Sector must be compatible with:
The ITU Constitution (CS)
The ITU Convention (CV)
The General Rules of Conferences, Assemblies and Meetings
(GR)
adopted by the Plenipotentiary Conference
GR shall apply to meetings of the Sectors
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
2
BASIC PREROGATIVES AND POWERS
OF THE CHAIRMAN
A.
B.
Chairing meetings
Directing the deliberations
1.
2.
3.
4.
5.
"The chairman ... shall ... direct the deliberations …"
(GR 59)
"Persons desiring to speak must first obtain the consent
of the chairman." (GR 94)
"As a general rule, they shall begin by announcing in what
capacity they speak." (GR 94)
"Speakers must express themselves slowly and distinctly,
separating their words and pausing as necessary in order
that everybody may understand their meaning." (GR 95)
"The chairman ... may at any time submit proposals
likely to accelerate the debates." (GR 84)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
3
BASIC PREROGATIVES AND POWERS
OF THE CHAIRMAN (contd.)
Maintaining Order
A.
1.
"The chairman ... shall ensure that order is maintained at plenary meetings."
(GR 60)
Ensuring that discussion is limited to the point at issue
B.
1.
2.
"The chairman shall ensure that discussion is limited to the point at issue ..."
(GR 62)
"The chairman ... may interrupt any speaker who departs [from the point at issue]
and request such speakers to confine their remarks to the subject under
discussion." (GR 62)
Protecting the right of each delegation/ representative of a Sector Member
to express its opinion freely and fully on the point at issue
C.
1.
2.
3.
4.
"It shall be the duty of the chairman to protect the right of each delegation to
express its opinion freely and fully on the point at issue." (GR 61)
"The [Plenary] Meeting may, if necessary, decide how many speeches any one
delegation may make on any particular point, and how long they may last."
(GR 108)
"However, as regards questions of procedure, the chairman shall limit the
speaking time allowed to a maximum of five minutes." (GR 109)
"When a speaker has exceeded the time allowed, the chairman shall notify the
meeting and request the speaker to conclude briefly." (GR 110)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
4
BASIC PREROGATIVES AND POWERS
OF THE CHAIRMAN (contd.)
Putting questions to the vote
A.
1.
2.
"The chairman ... shall … put questions
to the vote …" (GR 59)
"Any question of competence that may
arise shall be settled before a vote is
taken on the substance of the matter
under discussion." (GR 113)
Ruling on motions and points of order
B.
•
"The chairman shall rule on motions of
order and points of order …" (GR 60)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
5
BASIC PREROGATIVES AND POWERS
OF THE CHAIRMAN (contd.)
A.
Proposing postponement of discussion, closure of list
of speakers, or adjournment or suspension of a
meeting
1.
2.
3.
"The chairman shall … in particular, … be empowered to propose
that discussion on a question be postponed or closed, or that a
meeting be suspended or adjourned." (GR 60)
"During the debate, the chairman may rule that the list of
speakers wishing to take the floor be read.
[After reading the list of speakers, the] chairman shall add the
names of other delegations which indicate that they wish to
speak and may then, with the assent of the meeting, rule that
the list be closed.
Nevertheless, as an exceptional measure, the chairman may if
finding it appropriate to do so rule that a reply may be made to
any previous statement, even after the list of speakers has been
closed." (GR 111)
"The list of speakers having been exhausted, the chairman shall
declare discussion on the matter closed." (GR 112)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
6
DECISION-MAKING PROCEDURE
A.
B.
Consensus: almost all decisions are
adopted by this procedure, ITU’s
culture being one of negotiation and
consensus-building
“Sounding out”
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
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DECISION-MAKING PROCEDURE
(contd.)
Voting (last resort!)
Right to vote
A.
1.
2.
3.
4.
“ … each Member State shall have one vote at all .. .study group
meetings … “ (CS 27)
Majority
"A majority shall consist of more than half the delegations present
and voting." (GR 115)
Tied votes
"In case of a tie, a proposal or amendment shall be considered
rejected." (GR 117)
Abstentions
i.
ii.
"In computing a majority, delegations abstaining shall not be
taken into account." (GR 116)
"When the number of abstentions exceeds half the number of
votes cast (for, against, abstentions), consideration of the
matter under discussion shall be postponed to a later meeting,
at which time abstentions shall not be taken into account."
(GR 121)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
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DECISION-MAKING PROCEDURE
(contd.)
Non-participation in voting
A.
1.
"Delegations which are present but do not take part in a particular vote
or expressly state they do not wish to take part shall not be considered
… as abstaining for the purpose of applying the provisions of No. 121
below." (GR 119)
Voting procedures
B.
1.
2.
3.
Votes are taken as follows:
a)
by a show of hands as a general rule unless a roll call under
b) or secret ballot under c) has been requested;" (GR 123)
b)
by a roll call in the alphabetical order of the French names of
the Member States present and entitled to vote;" (GR 124)
1
if at least two delegations, present and entitled to vote, so
request before the beginning
of the vote and if a secret ballot
under c) has not been requested, or" (GR 125)
2
if the procedure under a) shows no clear majority;" (GR 126)
c)
by a secret ballot, if at least five of the delegations present and
entitled to vote so request before the beginning of the vote." (GR 127)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
9
DECISION-MAKING PROCEDURE
(contd.)
A.
Steps to be followed in voting
1.
B.
"The chairman shall, before commencing a vote, observe any
request as to the manner in which the voting shall be
conducted, and then shall formally announce the voting
procedure to be applied and the issue to be submitted to the
vote. The chairman shall then declare the beginning of the vote
and, when the vote has been taken, shall announce the results."
(GR 128)
Prohibition of interruptions once the vote has begun
1.
"No delegation may interrupt once a vote has begun, unless to
raise a point of order in connection with the way in which the
vote is being taken. The point of order cannot include any
proposal entailing a change in the vote that is being taken or a
change in the substance of the question put to the vote. Voting
shall begin with the chairman's announcement that the voting
has begun and shall end with the chairman's announcement of
its results." (GR 131)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
10
DECISION-MAKING PROCEDURE
(contd.)
Reasons for votes
A.
•
"The chairman shall authorize any delegations which so request to give
the reasons for their vote, after the vote has been taken." (GR 132)
Order of voting on concurrent proposals
B.
1.
2.
"When there are two or more proposals on any one matter, they shall
be put to the vote in the order in which they were presented, unless the
meeting decides to the contrary." (GR 135)
"After each vote, the meeting shall decide whether or not the following
proposal shall be voted on." (GR 136)
Voting on amendments
C.
•
"When two or more amendments to a proposal are submitted, the
amendment furthest from the original text shall be put to the vote first;
if this amendment does not obtain the support of the majority, of the
remaining amendments, that furthest from the proposal shall then be
put to the vote and the same procedure shall be followed until a
subsequent amendment gains the support of the majority; if all the
amendments submitted have been considered and none has gained a
majority, the unamended proposal shall be put to the vote." (GR 141)
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
11
Some relevant provisions of the CS &
CV to be kept in mind
A.
B.
Recognition of the sovereign right of each Member State to regulate its
telecommunications
Preamble of the CS: Purposes of the Union
CS Article 1, in particular Nos. 3.A, 5, 8, 9, 13 & 16
C.
Rights of Member States and Sector Members
CS Article 3
D.
Functions and Structure of ITU-T
CS Article 17
CV Article 13 (WTSAs)
E.
Functions, duties and organization of Study Groups, Advisory Group
CV Article 14 (Study Groups)
CV Article 14A (Advisory Group)
CV Article 20 (Conduct of Business of Study Groups)
-
Some key provisions of CV Article 20
No. 244 relating to vacancies of chairmanship
Nos. 246A to 247A relating to the adoption & approval of questions &
recommendations
No. 248A. Possibility for the Director to invite, in consultation with the Chairman of
the Study Group concerned, an organization which does not participate in the
Sector to send representatives to take part in the study of a specific matter in the
SG concerned or its subordinate groups
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
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Some relevant provisions of the CS &
CV to be kept in mind (contd.)
F.
Associates
-
-
CV Article 19
May only participate in the work of a
given Study Group or subgroups thereof
(CV 241B) => only one Study Group of a
Sector
CV Article 20
May not take part in decision-making or
liaison activity of the Study Group
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
13
This overview will probably raise more
questions than it answers
JUR remains at your disposal should
you require any further explanation
Tutorial for SG & TSAG leadership teams
Geneva, 15-16 December 2008
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