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Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, 1999

Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, 1999

 (ILO Convention No. 182)

 

Preamble

The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 87th Session on 1 June 1999, and

Considering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, as the main priority for national and international action, including international cooperation and assistance, to complement the Convention and the Recommendation concerning Minimum Age for Admission to Employment, 1973, which remain fundamental instruments on child labour, and

Considering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action, taking into account the importance of free basic education and the need to remove the children concerned from all such work and to provide for their rehabilitation and social integration while addressing the needs of their families, and

Recalling the resolution concerning the elimination of child labour adopted by the International Labour Conference at its 83rd Session in 1996, and

Recognizing that child labour is to a great extent caused by poverty and that the long-term solution lies in sustained economic growth leading to social progress, in particular poverty alleviation and universal education, and

Recalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, and

Recalling the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, and

Recalling that some of the worst forms of child labour are covered by other international instruments, in particular the Forced Labour Convention, 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, and

Having decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention;

adopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Worst Forms of Child Labour Convention, 1999.

Article 3

 

For the purposes of this Convention, the term the worst forms of child labour comprises:

(a)        all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;

(b)       the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

(c)        the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

(d)       work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Article 4

  1. The types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999.
  2. The competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist.
  3. The list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned.

Article 6

 

  1. Each Member shall design and implement programmes of action to eliminate as a priority the worst forms of child labour.
  2. Such programmes of action shall be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate.

Article 7

  1. Each Member shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions.
  2. Each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to:

(a)        prevent the engagement of children in the worst forms of child labour;

(b)        provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;

(c)        ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour;

(d)       identify and reach out to children at special risk; and

(e)        take account of the special situation of girls.

  1. Each Member shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention.

Article 10

 

  1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office.
  2. It shall come into force 12 months after the date on which the ratifications of two Members have been registered with the Director-General.
  3. Thereafter, this Convention shall come into force for any Member 12 months after the date on which its ratification has been registered.

Article 11

 

  1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2.   Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention

Article 12

 

  1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and acts of denunciation communicated by the Members of the Organization.
  2. When notifying the Members of the Organization of the registration of the second ratification, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention shall come into force.

Article 13

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles.

Article 15

  1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides —

(a)        the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 11 above, if and when the new revising Convention shall have come into force;

(b)        as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.

  1. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

4. Authority to issue Passport

4. Authority to issue Passport: A Passport may only be issued by the Government
of Nepal or Nepalese Embassy or any other Mission stationed in any foreign
countries which are so authorized for the same by the Government of Nepal.
Provided that,

5. Penalties

Whosoever receives or attempts to receive a passport providing false
statement or false details, or visits or attempts to visit a foreign country in against
of Section 3, or does not abide by the order or direction issued by the Government
of Nepal, or misuses the purpose of the passport, or provides his/her passport to
any other person for other’s use, or uses others passport, or commits any act which
is in against of this Act or Rules framed hereunder, may be punished with an
imprisonment up to one year or fined up to Five Thousand Rupees or with both.

6. Government of Nepal to be the Plaintiff

(1) The Government of Nepal shall be
the plaintiff in the case which is to be filed for an offence punishable under
Section 5 and such cases shall be filed before the court by the police with at least
the rank of Inspector.

(2) If there is any reasonable doubt for committing or attempting to commit
an offence pursuant to Section 5 by a person, any police personnel shall arrest
such person even without a warrant and produce such person before his/her
authority at least an Inspector

CHAPTER  I Functioning of the Union

 

  SECTION 1

ARTICLE 1

Plenipotentiary Conference

 

  1.    (1) The Plenipotentiary Conference shall be convened in accordance with the relevant provisions of Article 8             of the Constitution of the International Telecommunication Union (hereinafter referred to as “the                         Constitution”).

(2) If practicable, the precise place and the exact dates of a Plenipotentiary Conference shall be set by the preceding Plenipotentiary Conference; failing this, they shall be fixed by the Council with the concurrence of the majority of the Members of the Union.

  1.  (1) The precise place and the exact dates of the next Plenipotentiary Conference, or either one of these, may be changed:

a) when at least one-quarter of the Members of the Union have individually proposed a change to the Secretary-General; or

b) on a proposal of the Council.

    (2) Any such change shall require the concurrence of a majority of the Members of the Union.

ARTICLE  2

Elections and Related Matters

 

The Council

  1. Except in the case of vacancies arising in the circumstances described in Nos. 10 to 12 below, the Members of the Union elected to the Council shall hold office until the date on which a new Council is elected. They shall be eligible for re-election.

2.     (1) If, between two Plenipotentiary Conferences, a seat becomes vacant on the Council, it shall pass by right to the Member of the Union from the same region as the Member whose seat is vacated, which had obtained at the previous election the largest number of votes among those not elected.

(2) When for any reason a vacant seat cannot be filled according to the procedure of No. 8 above, the Chairman of the Council shall invite the other Members of the region to seek election within one month of such an invitation being issued. At the end of this period, the Chairman of the Council shall invite Members of the Union to elect a new Member. The election shall be carried out by secret ballot by correspondence. The same majority as indicated above will be required. The new Member shall hold office until the election of the new Council by the next competent Plenipotentiary Conference.

  1. A seat on the Council shall be considered vacant:

a) when a Council Member does not have a representative in attendance at two consecutive ordinary sessions of the Council;

b) when a Member of the Union resigns its membership of the Council.

Elected officials

  1. The Secretary-General, the Deputy Secretary-General and the Directors of the Bureaux shall take up their duties on the dates determined by the Plenipotentiary Conference at the time of their election. They shall normally remain in office until dates determined by the following Plenipotentiary Conference, and they shall be eligible for re-election once only.
  2. If the post of Secretary-General falls vacant, the Deputy Secretary-General shall succeed to it and shall remain in office until a date determined by the following Plenipotentiary Conference. When under these conditions the Deputy Secretary-General succeeds to the office of the Secretary-General, the post of Deputy Secretary-General shall be considered to fall vacant on that same date and the provisions of No. 15 below shall be applied.
  3. If the post of Deputy Secretary-General falls vacant more than 180 days prior to the date set for the convening of the next Plenipotentiary Conference, the Council shall appoint a successor for the balance of the term.
  4. If the posts of the Secretary-General and the Deputy Secretary-General fall vacant simultaneously, the Director who has been longest in office shall discharge the duties of Secretary-General for a period not exceeding 90 days. The Council shall appoint a Secretary-General and, if the vacancies occur more than 180 days prior to the date set for the convening of the next Plenipotentiary Conference, a Deputy Secretary-General. An official thus appointed by the Council shall serve for the balance of the term for which his predecessor was elected.

 

  1. If the post of a Director becomes unexpectedly vacant, the Secretary-General shall take the necessary steps to ensure that the duties of that Director are carried out until the Council shall appoint a new Director at its next ordinary session following the occurrence of such a vacancy. A Director so appointed shall serve until the date fixed by the next Plenipotentiary Conference.
  2. Subject to the relevant provisions of Article 27 of the Constitution, the Council shall provide for the filling of any vacancy in the post of Secretary-General or Deputy Secretary-General in the situation described in the relevant provisions of the present Article at an ordinary session, if held within 90 days after a vacancy occurs, or at a session convened by the Chairman within the periods specified in those provisions.

 

  1. Any period of service in the post of an elected official pursuant to an appointment under Nos. 14 to 18 above shall not affect eligibility for election or re-election to such a post.

 

Members of the Radio Regulations Board

  1. The members of the Radio Regulations Board shall take up their duties on the dates determined by the Plenipotentiary Conference at the time of their election. They shall remain in office until dates determined by the following Plenipotentiary Conference, and shall be eligible for re-election once only.
  2. If, in the interval between two Plenipotentiary Conferences, a member of the Board resigns or is no longer in a position to perform his duties, the Secretary-General, in consultation with the Director of the Radio communication Bureau, shall invite the Members of the Union of the region concerned to propose candidates for the election of a replacement at the next session of the Council. However, if the vacancy occurs more than 90 days before a session of the Council or after the session of the Council preceding the next Plenipotentiary Conference, the Member of the Union concerned shall designate, as soon as possible and within 90 days, another national as a replacement who will remain in office until the new member elected by the Council takes office or until the new members of the Board elected by the next Plenipotentiary Conference take office, as appropriate. The replacement shall be eligible for election by the Council or by the Plenipotentiary Conference, as appropriate.
  3. A member of the Radio Regulations Board is considered no longer in a position to perform his duties after repeated consecutive absences from the Board meetings. The Secretary-General shall, after consultation with the Board’s Chairman as well as the member of the Board and the Member of the Union concerned, declare existence of a vacancy in the Board and shall proceed as stipulated in No. 21 above.

 

 

ARTICLE  3

Other Conferences

  1. In conformity with the relevant provisions of the Constitution, the following world conferences of the Union shall normally be convened within the period between two Plenipotentiary Conferences:

a) two world radiocommunication conferences;

b) one world telecommunication standardization conference;

c) one world telecommunication development conference;

d) two radiocommunication assemblies, associated in place and time with world radiocommunication conferences.

 

  1. Exceptionally, within the period between Plenipotentiary Conferences:

– the second world radio communication conference may be cancelled together with its associated radio communication assembly; alternatively, either one may be cancelled even if the other is held;

– an additional telecommunication standardization conference may be convened.

  1.  These actions shall be taken:

a) by a decision of a Plenipotentiary Conference;

b) on the recommendation of the previous world conference of the Sector concerned, if approved by the Council;

c) at the request of at least one-quarter of the Members of the Union, which shall individually address their requests to the Secretary-General; or

d) on a proposal of the Council.

4.  A regional radiocommunication conference shall be convened:

a) by a decision of a Plenipotentiary Conference;

b) on the recommendation of a previous world or regional radiocommunication conference if approved by the Council;

c) at the request of at least one-quarter of the Members belonging to the region concerned, which shall individually address their requests to the Secretary-General; or

d) on a proposal of the Council.

5.     (1) The precise place and the exact dates of a world or regional conference or radio communication assembly may be fixed by a Plenipotentiary Conference.

(2) In the absence of such a decision, the Council shall determine the precise place and the exact dates of a world conference or radio communication assembly with the concurrence of a majority of the Members of the Union, and of a regional conference with the concurrence of a majority of the Members of the Union belonging to the region concerned; in both cases the provisions of No. 47 below shall apply.

  1. (1) The precise place and the exact dates of a conference or assembly may be changed:

a) at the request of at least one-quarter of the Members of the Union in the case of a world conference or assembly, or of at least one-quarter of the Members of the Union belonging to the region concerned in the case of a regional conference. Their requests shall be addressed individually to the Secretary-General, who shall transmit them to the Council for approval; or

b) on a proposal of the Council.

   (2) In the cases specified in Nos. 44 and 45 above, the changes proposed shall not be finally adopted until accepted by a majority of the Members of the Union, in the case of a world conference or assembly, or by a majority of the Members of the Union belonging to the region concerned, in the case of a regional conference, subject to the provisions of No. 47 below.

  1. In the consultations referred to in Nos. 42, 46, 118, 123, 138, 302, 304, 305, 307 and 312 of this Convention, Members of the Union who have not replied within the time limits specified by the Council shall be regarded as not participating in the consultations, and in consequence shall not be taken into account in computing the majority. If the number of replies does not exceed one-half of the Members consulted, a further consultation shall take place, the results of which shall be decisive regardless of the number of votes cast.
  2. (1) World conferences on international telecommunications shall be held upon decision by the Plenipotentiary Conference.

 

    (2) The provisions for the convening of, the adoption of the agenda of, and the participation in a world radiocommunication conference shall, as appropriate, equally apply to world conferences on international telecommunications.

 

SECTION  2

ARTICLE  4

The Council

  1. The Council is composed of forty-three Members of the Union elected by the Plenipotentiary Conference.
  2.      (1) The Council shall hold an ordinary session annually at the seat of the Union.

(2) During this session it may decide to hold, exceptionally, an additional session.

(3) Between ordinary sessions, it may be convened, as a general rule at the seat of the Union, by the Chairman at the request of a majority of its Members, or on the initiative of the Chairman under the conditions provided for in No. 18 of this Convention.

  1. The Council shall take decisions only in session. Exceptionally, the Council in session may agree that any specific issue shall be decided by correspondence.
  2. At the beginning of each ordinary session, the Council shall elect its own Chairman and Vice-Chairman from among the representatives of its Members, taking into account the principle of rotation between the regions. They shall serve until the opening of the next ordinary session and shall not be eligible for re-election. The Vice-Chairman shall serve as Chairman in the absence of the latter.
  3. The person appointed to serve on the Council by a Member of the Council shall, so far as possible, be an official serving in, or directly responsible to, or for, their telecommunication administration and qualified in the field of telecommunication services.

 

  1. Only the travelling, subsistence and insurance expenses incurred by the representative of each Member of the Council in his capacity at Council sessions shall be borne by the Union.
  2. The representative of each Member of the Council shall have the right to attend, as an observer, all meetings of the Sectors of the Union.
  3. The Secretary-General shall act as Secretary of the Council.
  4. The Secretary-General, the Deputy Secretary-General and the Directors of the Bureaux may participate as of right in the deliberations of the Council, but without taking part in the voting. Nevertheless, the Council may hold meetings confined to the representatives of its own Members.
  5. The Council shall consider each year the report prepared by the Secretary-General on the recommended strategic policy and planning for the Union in keeping with the guidelines given by the Plenipotentiary Conference and shall take appropriate action.
  6. The Council shall, in the interval between two Plenipotentiary Conferences, supervise the overall management and administration of the Union; it shall in particular:

(1) approve and revise the Staff Regulations and the Financial Regulations of the Union and any other regulations as it may consider necessary, taking account of current practice of the United Nations and of the specialized agencies applying the common system of pay, allowances and pensions;

(2) adjust as necessary:

a) the basic salary scales for staff in the professional and higher categories, excluding the salaries for posts filled by election, to accord with any changes in the basic salary scales adopted by the United Nations for the corresponding common system categories;

b) the basic salary scales for staff in the general services categories to accord with changes in the rates applied by the United Nations and the specialized agencies at the seat of the Union;

c) the post adjustment for professional and higher categories, including posts filled by election, in accordance with decisions of the United Nations for application at the seat of the union;

d) the allowances for all staff of the Union, in accordance with any changes adopted in the United Nations common system;

(3) take decisions to ensure equitable geographical distribution of the staff of the Union and monitor the implementation of such decisions;

(4) decide on proposals for major organizational changes within the General Secretariat and the Bureaux of the Sectors of the Union consistent with the Constitution and this Convention, submitted to it by the Secretary-General following their consideration by the Coordination Committee;

(5) examine and decide on plans concerning Union posts and staff and human resources development programmes covering several years, and give guidelines for the staffing of the Union, including on staffing levels and structures, taking into account the guidelines given by the Plenipotentiary Conference and the relevant provisions of Article 27 of the Constitution;

(6) adjust, as necessary, the contributions payable by the Union and its staff to the United Nations Joint Staff Pension Fund, in accordance with the Fund’s rules and regulations, as well as the cost of living allowances to be granted to beneficiaries of the Union Staff Superannuation and Benevolent Funds on the basis of the practice followed by the Fund;

(7) review and approve the biennial budget of the Union, and consider the budget forecast for the two-year period following that budget, taking account of the decisions of the Plenipotentiary Conference in relation to No. 50 of the Constitution and of the limits for expenditures set by that Conference in accordance with No. 51 of the Constitution; it shall ensure the strictest possible economy but be mindful of the obligation upon the Union to achieve satisfactory results as expeditiously as possible. In so doing, the Council shall take into account the views of the Coordination Committee as contained in the report by the Secretary-General mentioned in No. 86 and the financial operating report mentioned in No. 101 of this Convention;

(8) arrange for the annual audit of the accounts of the Union prepared by the Secretary-General and approve them, if appropriate, for submission to the next Plenipotentiary Conference;

(9) arrange for the convening of the conferences of the Union and provide, with the consent of a majority of the Members of the Union in the case of a world conference, or of a majority of the Members of the Union belonging to the region concerned in the case of a regional conference, appropriate directives to the General Secretariat and the Sectors of the Union with regard to their technical and other assistance in the preparation for and organization of conferences;

(10) take decisions in relation to No. 28 of this Convention;

(11) decide upon the implementation of any decisions which have been taken by conferences and which have financial implications;

(12) to the extent permitted by the Constitution, this Convention and the Administrative Regulations, take any other action deemed necessary for the proper functioning of the Union;

(13) take any necessary steps, with the agreement of a majority of the Members of the Union, provisionally to resolve questions not covered by the Constitution, this Convention, the Administrative Regulations and their annexes and which cannot await the next competent conference for settlement;

(14) be responsible for effecting the coordination with all international organizations referred to in Articles 49 and 50 of the Constitution and to this end, conclude, on behalf of the Union, provisional agreements with the international organizations referred to in Article 50 of the Constitution, and with the United Nations in application of the Agreement between the United Nations and the International Telecommunication Union; these provisional agreements shall be submitted to the next Plenipotentiary Conference in accordance with the relevant provision of Article 8 of the Constitution;

(15) send to Members of the Union, as soon as possible after each of its sessions, summary records on the activities of the Council and other documents deemed useful;

(16) submit to the Plenipotentiary Conference a report on the activities of the Union since the previous Plenipotentiary Conference and any appropriate recommendations.

 

SECTION  3

ARTICLE  5

General Secretariat

 

  1. The Secretary-General shall:

a) be responsible for the overall management of the Union’s resources; he may delegate the management of part of these resources to the Deputy Secretary-General and the Directors of the Bureaux, in consultation as necessary with the Coordination Committee;

b) coordinate the activities of the General Secretariat and the Sectors of the Union, taking into account the views of the Coordination Committee, with a view to assuring the most effective and economical use of the resources of the Union;

c) after consultation with the Coordination Committee and taking into account its views, prepare and submit to the Council an annual report indicating changes in the telecommunication environment and containing recommended action relating to the Union’s future policies and strategy, as stipulated in No. 61 of this Convention, together with their financial implications;

d) organize the work of the General Secretariat and appoint the staff of that Secretariat in accordance with the directives of the Plenipotentiary Conference and the rules established by the Council;

e) undertake administrative arrangements for the Bureaux of the Sectors of the Union and appoint their staff on the basis of the choice and proposals of the Director of the Bureau concerned, although the final decision for appointment or dismissal shall rest with the Secretary-General;

f) report to the Council any decisions taken by the United Nations and the specialized agencies which affect common system conditions of service, allowances and pensions;

g) ensure the application of any regulations adopted by the Council;

h) provide legal advice to the Union;

i) supervise, for administrative management purposes, the staff of the Union with a view to assuring the most effective use of personnel and the application of the common system conditions of employment for the staff of the Union. The staff appointed to assist directly the Directors of the Bureaux shall be under the administrative control of the Secretary-General and shall work under the direct orders of the Directors concerned but in accordance with administrative guidelines given by the Council;

j) in the interest of the Union as a whole and in consultation with the Directors of the Bureaux concerned, temporarily reassign staff members from their appointed position as necessary to meet fluctuating work requirements at headquarters;

k) make, in agreement with the Director of the Bureau concerned, the necessary administrative and financial arrangements for the conferences and meetings of each Sector;

l) taking into account the responsibilities of the Sectors, undertake appropriate secretariat work preparatory to and following conferences of the Union;

m) prepare recommendations for the first meeting of the Heads of delegations referred to in No. 342 of this Convention, taking into account the results of any regional consultation;

n) provide, where appropriate in cooperation with the inviting government, the secretariat of conferences of the Union, and provide the facilities and services for meetings of the Union, in collaboration, as appropriate, with the Director concerned, drawing from the Union’s staff as he deems necessary in accordance with No. 93 above. The Secretary-General may also, when so requested, provide the secretariat of other telecommunication meetings on a contractual basis;

o) take necessary action for the timely publication and distribution of service documents, information bulletins, and other documents and records prepared by the General Secretariat and the Sectors, communicated to the Union or whose publication is requested by conferences or the Council; the list of documents to be published shall be maintained by the Council, following consultation with the conference concerned, with respect to service documents and other documents whose publication is requested by conferences;

p) publish periodically, with the help of information put at his disposal or which he may collect, including that which he may obtain from other international organizations, a journal of general information and documentation concerning telecommunication

q) after consultation with the Coordination Committee and making all possible economies, prepare and submit to the Council a biennial draft budget covering the expenditures of the Union within the limits laid down by the Plenipotentiary Conference. This draft shall consist of a consolidated budget, including cost-based budgets for the three Sec tors, prepared in accordance with the budget guidelines issued by the Secretary-General, and comprising two versions. One version shall be for zero growth of the contributory unit, the other for a growth less than or equal to any limit fixed by the Plenipotentiary Conference, after any drawing on the Reserve Account. The budget resolution, after approval by the Council, shall be sent for information to all Members of the Union;

r) with the assistance of the Coordination Committee, prepare an annual financial operating report in accordance with the Financial Regulations and submit it to the Council. A recapitulative financial operating report and accounts shall be prepared and submitted to the next Plenipotentiary Conference for examination and final approval;

s) with the assistance of the Coordination Committee, prepare an annual report on the activities of the Union which, after approval by the Council, shall be sent to all Members;

t) perform all other secretarial functions of the Union;

u) perform any other functions entrusted to him by the Council.

2.   The Secretary-General or the Deputy Secretary-General may participate, in a consultative capacity, in conferences of the Union; the Secretary-General or his representative may participate in a consultative capacity in all other meetings of the Union.

 

 

SECTION  4

ARTICLE  6

Coordination Committee

  1.      (1) The Coordination Committee shall assist and advise the Secretary-General on all matters mentioned               under the relevant provisions of Article 26 of the Constitution and the relevant Articles of this Convention.

(2) The Committee shall be responsible for ensuring coordination with all the international organizations mentioned in Articles 49 and 50 of the Constitution as regards representation of the Union at conferences of such organizations.

(3) The Committee shall examine the progress of the work of the Union and assist the Secretary-General in the preparation of the report referred to in No. 86 of this Convention for submission to the Council.

  1. The Committee shall endeavour to reach conclusions unanimously. In the absence of the support of the majority in the Committee, its Chairman may in exceptional circumstances take decisions, on his own responsibility, provided he judges that the decision of the matters in question is urgent and cannot await the next session of the Council. In such circumstances he shall report promptly in writing on such matters to the Members of the Council, setting forth his reasons for such action together with any other written views submitted by other members of the Committee. If in such circumstances the matters are not urgent, but nevertheless important, they shall be submitted for consideration by the next session of the Council.
  2. The Chairman shall convene the Committee at least once a month; the Committee may also be convened when necessary at the request of two of its members.
  3. A report shall be made of the proceedings of the Coordination Committee and will be made available on request to Members of the Council.

 

SECTION 5

Radiocommunication Sector

 

ARTICLE  7

World Radio communication Conference

  1. In accordance with No. 90 of the Constitution, a world radio communication conference shall be convened to consider specific radio communication matters. A world radio communication conference shall deal with those items which are included in its agenda adopted in accordance with the relevant provisions of this Article.
  2. (1) The agenda of a world radio communication conference may include:

a) the partial or, exceptionally, complete revision of the Radio Regulations referred to in Article 4 of the Constitution;

b) any other question of a worldwide character within the competence of the conference;

c) an item concerning instructions to the Radio Regulations Board and the Radio communication Bureau regarding their activities, and a review of those activities;

d) the adoption of questions to be studied by the radio communication assembly, as well as matters that the assembly shall consider in relation to future radio communication

    (2) The general scope of this agenda should be established four years in advance, and the final agenda shall be       established by the Council preferably two years before the conference, with the concurrence of a majority of           the Members of the Union, subject to the provisions of No. 47 of this Convention.

 

      (3) This agenda shall include any question which a Plenipotentiary Conference has directed to be placed on           the agenda.

  1. (1) This agenda may be changed:

a) at the request of at least one-quarter of the Members of the Union. Such requests shall be addressed individually to the Secretary-General, who shall transmit them to the Council for approval; or

b)  on a proposal of the Council.

   (2) The proposed changes to the agenda of a world radiocommunication conference shall not be finally                   adopted until accepted by a majority of the Members of the Union, subject to the provisions of No. 47 of this          Convention.

  1. The conference shall also:

(1) consider and approve the report of the Director of the Bureau on the activities of the Sector since the last conference;

(2) recommend to the Council items for inclusion in the agenda of a future conference and give its views on such agendas for at least a four-year cycle of radiocommunication conferences, together with an estimate of the financial implications;

(3) include, in its decisions, instructions or requests, as appropriate, to the Secretary-General and the Sectors of the Union.

5.   The Chairman and Vice-Chairmen of the radio communication assembly, or of relevant study groups, may               participate in the associated world radio-communication conference.

 

ARTICLE  8

Radio communication Assembly

  1. A radio communication assembly shall deal with and issue, as appropriate, recommendations on questions adopted pursuant to its own procedures or referred to it by the Plenipotentiary Conference, any other conference, the Council or the Radio Regulations Board.
  2. With regard to No. 129 above, the radio communication assembly shall:

(1) consider the reports of study groups prepared in accordance with No. 157 of this Convention and approve, modify or reject the draft recommendations contained in those reports;

(2) bearing in mind the need to keep the demands on the resources of the Union to a minimum, approve the programme of work arising from the review of existing questions and new questions and determine the priority, urgency, estimated financial implications and time-scale for the completion of their study;

(3) decide, in the light of the approved programme of work derived from No. 132 above, on the need to maintain, terminate or establish study groups, and allocate to each of them the questions to be studied;

(4) group questions of interest to the developing countries as far as possible, in order to facilitate their participation in the study of those questions;

(5) give advice on matters within its competence in response to requests from a world radiocommunication conference;

(6) report to the associated world radiocommunication conference on the progress in matters that may be included in the agenda of future radio-communication conferences.

  1. A radiocommunication assembly shall be presided over by a person designated by the government of the country in which the meeting is held or, in the case of a meeting held at the seat of the Union, by a person elected by the assembly itself. The Chairman shall be assisted by Vice-Chairmen elected by the assembly.

 

ARTICLE  9

Regional Radio communication Conferences

The agenda of a regional radio communication conference may provide only for specific radio communication questions of a regional nature, including instructions to the Radio Regulations Board and the Radio communication Bureau regarding their activities in respect of the region concerned, provided such instructions do not conflict with the interests of other regions. Only items included in its agenda may be discussed by such a conference. The provisions contained in Nos. 118 to 123 of this Convention shall apply to a regional radio communication conference, but only with regard to the Members of the region concerned.

 

ARTICLE 10

Radio Regulations Board

  1. The Board is composed of nine members elected by the Plenipotentiary Conference.
  2. In addition to the duties specified in Article 14 of the Constitution, the Board shall also consider reports from the Director of the Radio communication Bureau on investigations of harmful interference carried out at the request of one or more of the interested administrations, and formulate recommendations with respect thereto.
  3. The members of the Board have a duty to participate, in an advisory capacity, in radio communication conferences and radio communication assemblies. The Chairman and Vice-Chairman of the Board, or their nominated representatives, have a duty to participate, in an advisory capacity, in Plenipotentiary Conferences. In all of these cases, the members having these duties shall not participate in these conferences as members of their national delegations.
  4. Only the travelling, subsistence and insurance expenses incurred by the members of the Board in the exercise of their duties for the Union shall be borne by the Union.
  5. The working methods of the Board shall be as follows:

(1) The members of the Board shall elect from their own members a Chairman and a Vice-Chairman for a period of one year. Thereafter the Vice-Chairman shall succeed the Chairman each year and a new Vice-Chairman shall be elected. In the absence of the Chairman and Vice-Chairman, the Board shall elect a temporary Chairman for the occasion from among its members.

(2) The Board shall normally hold up to four meetings a year, generally at the seat of the Union, at which at least two-thirds of its members shall be present, and may carry out its duties using modern means of communication.

(3) The Board shall endeavor to reach its decisions unanimously. If it fails in that endeavor, a decision shall be valid only if at least two-thirds of the members of the Board vote in favour thereof. Each member of the Board shall have one vote; voting by proxy is not allowed.

(4) The Board may make such internal arrangements as it considers necessary in conformity with the provisions of the Constitution, this Convention and the Radio Regulations. Such arrangements shall be published as part of the Board’s Rules of Procedure.

 

ARTICLE     11

                         Radio communication Study Groups

  1. Radio communication study groups are set up by a radio communication assembly.
  2. (1) The radio communication study groups shall study questions and prepare draft recommendations on the matters referred to them in accordance with the provisions in Article 7 of this Convention. Those draft recommendations shall be submitted for approval to a radio communication assembly or, between two such assemblies, by correspondence to administrations in accor dance with procedures adopted by the assembly. Recommendations approved in either manner shall have equal status.

   (2) The study of the above questions shall, subject to No. 158 below, focus on the following:

a) use of the radio-frequency spectrum in terrestrial and space radio-communication (and of the geostationary-satellite orbit);

b) characteristics and performance of radio systems;

c) operation of radio stations;

d) radio communication aspects of distress and safety matters.

   (3) These studies shall not generally address economic questions, but when they involve comparing technical        alternatives, economic factors may be taken into consideration.

  1. The radio communication study groups shall also carry out preparatory studies of the technical, operational and procedural matters to be considered by world and regional radio communication conferences and elaborate reports thereon in accordance with a programme of work adopted in this respect by a radio communication assembly or following instructions by the Council.
  2. Each study group shall prepare for the radio communication assembly a report indicating the progress of work, the recommendations adopted in accordance with the consultation procedure contained in No. 149 above and any draft new or revised recommendations for consideration by the assembly.
  3. Taking into account No. 79 of the Constitution, the tasks enumerated in Nos. 151 to 154 above and in No. 193 of this Convention in relation to the Telecommunication Standardization Sector shall be kept under continuing review by the Radio communication Sector and the Telecommunication Standardization Sector with a view to reaching common agreement on changes in the distribution of matters under study. The two Sectors shall cooperate closely and adopt procedures to conduct such a review and reach agreements in a timely and effective manner. If agreement is not reached, the matter may be submitted through the Council to the Plenipotentiary Conference for decision.
  4. In the performance of their studies, the radio communication study groups shall pay due attention to the study of questions and to the formulation of recommendations directly connected with the establishment, development and improvement of telecommunications in developing countries at both the regional and international levels. They shall conduct their work giving due consideration to the work of national, regional and other international organizations concerned with radio communication and cooperate with them, keeping in mind the need for the Union to maintain its pre-eminent position in the field of telecommunications.
  5. For the purpose of facilitating the review of activities in the Radio-communication Sector, measures should be taken to foster cooperation and coordination with other organizations concerned with radio communication and with the Telecommunication Standardization Sector and the Telecommunication Development Sector. A radio communication assembly shall deter mine the specific duties, conditions of participation and rules of procedure for these measures.

 

 

ARTICLE     12

Radio communication Bureau

  1. The Director of the Radio communication Bureau shall organize and coordinate the work of the Radio communication Sector. The duties of the Bureau are supplemented by those specified in provisions of the Radio Regulations.
  2.  The Director shall, in particular,

 (1) in relation to radio communication conferences:

a) coordinate the preparatory work of the study groups and the Bureau, communicate to Members the results of this preparatory work, collect their comments and submit a consolidated report to the conference which may include proposals of a regulatory nature;

b) participate as of right, but in an advisory capacity, in the deliberations of the radio communication assembly and of the radio communication study groups. The Director shall make all necessary preparations for radio communication conferences and meetings of the Radio communication Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council in carrying out these preparations;

c) provide assistance to the developing countries in their preparations for radio communication

  (2) in relation to the Radio Regulations Board:

a) prepare and submit draft Rules of Procedure for approval by the Radio Regulations Board; they shall include, inter alia, calculation methods and data required for the application of the provisions of the Radio Regulations;

b) distribute to all Members of the Union the Rules of Procedure of the Board and collect comments thereon received from administrations;

c) process information received from administrations in application of the relevant provisions of the Radio Regulations and regional agreements and prepare it, as appropriate, in a form suitable for publication;

d) apply the Rules of Procedure approved by the Board, prepare and publish findings based on those Rules, and submit to the Board any review of a finding which is requested by an administration and which cannot be resolved by the use of those Rules of Procedure;

e) in accordance with the relevant provisions of the Radio Regulations, effect an orderly recording and registration of frequency assignments and, where appropriate, the associated orbital characteristics, and keep up to date the Master International Frequency Register; review entries in that Register with a view to amending or eliminating, as appropriate, those which do not reflect actual frequency usage, in agreement with the administration concerned;

f) assist in the resolution of cases of harmful interference, at the request of one or more of the interested administrations, and where necessary, make investigations and prepare, for consideration by the Board, a report including draft recommendations to the administrations concerned;

g) act as executive secretary to the Board;

          (3)  coordinate the work of the radio communication study groups and be responsible for the organization of                 that work;

(4)  also undertake the following:

a) carry out studies to furnish advice to Members with a view to the operation of the maximum practicable number of radio channels in those portions of the spectrum where harmful interference may occur, and with a view to the equitable, effective and economical use of the geostationary-satellite orbit, taking into account the needs of Members requiring assistance, the specific needs of developing countries, as well as the special geographical situation of particular countries;

b) exchange with members data in machine-readable and other forms, prepare and keep up to date any documents and databases of the Radio communication Sector, and arrange, with the Secretary-General, as appropriate, for their publication in the working languages of the Union in accordance with No. 172 of the Constitution;

c) maintain such essential records as may be required;

d) submit to the world radio communication conference a report on the activities of the Radio communication Sector since the last conference; if a world radio communication conference is not planned, such a report covering the two-year period since the last conference shall be submitted to the Council and to the Members of the Union;

e) prepare a cost-based budget estimate for the requirements of the Radio communication Sector and transmit it to the Secretary-General for consideration by the Coordination Committee and inclusion in the Union’s budget.

3.   The Director shall choose the technical and administrative personnel of the Bureau within the framework of         the budget as approved by the Council. The appointment of the technical and administrative personnel is               made by the Secretary-General in agreement with the Director. The final decision for appointment or                     dismissal rests with the Secretary-General.

4.   The Director shall provide technical support, as necessary, to the Telecommunication Development Sector             within the framework of the Constitution and this Convention.

 

SECTION  6

Telecommunication Standardization Sector

 

ARTICLE 13

World Telecommunication Standardization Conference

  1. In accordance with No. 104 of the Constitution, a world standardization conference shall be convened to consider specific matters related to telecommunication standardization.
  2. The questions to be studied by a world telecommunication standardization conference, on which recommendations shall be issued, shall be those adopted pursuant to its own procedures or referred to it by the Plenipotentiary Conference, any other conference, or the Council.
  3. In accordance with No. 104 of the Constitution, the conference shall:

a) consider the reports of study groups prepared in accordance with No. 194 of this Convention and approve, modify or reject draft recommendations contained in those reports;

b) bearing in mind the need to keep the demands on the resources of the Union to a minimum, approve the programme of work arising from the review of existing questions and new questions and determine the priority, urgency, estimated financial implications and time-scale for the completion of their study;

c) decide, in the light of the approved programme of work derived from No. 188 above, on the need to maintain, terminate or establish study groups and allocate to each of them the questions to be studied;

d) group, as far as practicable, questions of interest to the developing countries to facilitate their participation in these studies;

e) consider and approve the report of the Director on the activities of the Sector since the last conference.

 

ARTICLE     14

Telecommunication Standardization Study Groups

  1.     (1) Telecommunication standardization study groups shall study questions and prepare draft recommendations on the matters referred to them in accordance with the provisions of Article 13 of this Convention. Those drafts shall be submitted for approval to a world telecommunication standardization conference or, between two such conferences, by correspondence to administrations in accordance with procedures adopted by the conference. Recommendations approved in either manner shall have equal

(2) The study groups shall, subject to No. 195 below, study technical, operating and tariff questions and prepare recommendations on them with a view to standardizing telecommunications on a worldwide basis, including recommendations on interconnection of radio systems in public telecommunication networks and on the performance required for these interconnections. Technical or operating questions specifically related to radio communication as enumerated in Nos. 151 to 154 of this Convention shall be within the purview of the Radio communication Sector.

(3) Each study group shall prepare for the telecommunication standardization conference a report indicating the progress of work, the recommendations adopted in accordance with the consultation procedure contained in No. 192 above, and any draft new or revised recommendations for consideration by the conference.

  1. Taking into account No. 105 of the Constitution, the tasks enumerated in No. 193 above and those enumerated in Nos. 151 to 154 of this Convention in relation to the Radio communication Sector shall be kept under continuing review by the Telecommunication Standardization Sector and the Radio communication Sector with a view to reaching common agreement on changes in the distribution of matters under study. The two Sectors shall cooperate closely and adopt procedures to conduct such a review and reach agreements in a timely and effective manner. If agreement is not reached, the matter may be submitted through the Council to the Plenipotentiary Conference for decision.
  2. In the performance of their studies, the telecommunication standardization study groups shall pay due attention to the study of questions and to the formulation of recommendations directly connected with the establishment, development and improvement of telecommunications in developing countries at both the regional and international levels. They shall conduct their work giving due consideration to the work of national, regional and other international standardization organizations, and cooperate with them, keeping in mind the need for the Union to maintain its pre-eminent position in the field of worldwide standardization for telecommunications.
  3. For the purpose of facilitating the review of activities in the Tele communication Standardization Sector, measures should be taken to foster cooperation and coordination with other organizations concerned with telecommunication standardization and with the Radiocommunication Sector and the Telecommunication Development Sector. A world telecommunication standardization conference shall determine the specific duties, conditions of participation and rules of procedure for these measures.

 

ARTICLE     15

Telecommunication Standardization Bureau

 

  1. The Director of the Telecommunication Standardization Bureau shall organize and coordinate the work of the Telecommunication Standardization Sector.
  2.  The Director shall, in particular:

a) update annually the work programme approved by the world tele communication standardization conference, in consultation with the Chairmen of the telecommunication standardization study groups;

b) participate, as of right, but in an advisory capacity, in the deliberations of the world telecommunication standardization conferences and of the telecommunication standardization study groups. The Director shall make all necessary preparations for conferences and meetings of the Telecommunication Standardization Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council concerning these preparations;

c) process information received from administrations in application of the relevant provisions of the International Telecommunication Regulations or decisions of the world telecommunication standardization conference and prepare it, where appropriate, in a suitable form for publication;

d) exchange with members data in machine-readable and other forms, prepare and, as necessary, keep up to date any documents and data bases of the Telecommunication Standardization Sector, and arrange with the Secretary-General, where appropriate, for their publication in the working languages of the Union in accordance with No. 172 of the Constitution;

e) submit to the world telecommunication standardization conference a report on the activities of the Sector since the last conference; he shall also submit to the Council and to the Members of the Union such a report covering the two-year period since the last conference, unless a second conference is convened;

f) prepare a cost-based budget estimate for the requirements of the Telecommunication Standardization Sector and transmit it to the Secretary-General for consideration by the Coordination Committee and inclusion in the Union’s budget.

3.   The Director shall choose the technical and administrative personnel of the Telecommunication                               Standardization Bureau within the framework of the budget as approved by the Council. The appointment of         the technical and administrative personnel is made by the Secretary-General in agreement with the                         Director. The final decision on appointment or dismissal rests with the Secretary-General.

4.   The Director shall provide technical support, as necessary, to the Telecommunication Development Sector             within the framework of the Constitution and this Convention.

SECTION      7

Telecommunication Development Sector

ARTICLE     16

Telecommunication Development Conferences

  1. In accordance with No. 118 of the Constitution, the duties of the telecommunication development conferences shall be as follows:

a) world telecommunication development conferences shall establish work programmes and guidelines for defining telecommunication development questions and priorities and shall provide direction and guidance for the work programme of the Telecommunication Development Sector. They may set up study groups, as necessary;

b) regional telecommunication development conferences may give advice to the Telecommunication Development Bureau concerning the specific telecommunication requirements and characteristics of the region concerned, and may also submit recommendations to world telecommunication development conferences;

c) the telecommunication development conferences should fix the objectives and strategies for the balanced worldwide and regional development of telecommunications, giving particular consideration to the expansion and modernization of the networks and services of the developing countries as well as the mobilization of the resources required for this purpose. They shall serve as a forum for the study of policy, organizational, operational, regulatory, technical and financial questions and related aspects, including the identification and implementation of new sources of funding;

d) world and regional telecommunication development conferences, within their respective sphere of competence, shall consider reports submitted to them and evaluate the activities of the Sector; they may also consider telecommunication development aspects related to the activities of the other Sectors of the Union.

  1. The draft agenda of telecommunication development conferences shall be prepared by the Director of the Telecommunication Development Bureau and be submitted by the Secretary-General to the Council for approval with the concurrence of a majority of the Members of the Union in the case of a world conference, or of a majority of the Members of the Union belonging to the region concerned in the case of a regional conference, subject to the provisions of No.47 of this Convention.

 

 

ARTICLE  17

Telecommunication Development Study Groups

 

  1. Telecommunication development study groups shall deal with specific telecommunication questions of general interest to developing countries, including the matters enumerated in No. 211 above. Such study groups shall be limited in number and created for a limited period of time, subject to the availability of resources, shall have specific terms of reference on questions and matters of priority to developing countries and shall be task-oriented.
  2. Taking into account No. 119 of the Constitution, the Radio communication, Telecommunication Standardization and Telecommunication Development Sectors shall keep the matters under study under continuing review with a view to reaching agreement on the distribution of work, avoiding duplication of effort and improving coordination. The Sectors shall adopt procedures to conduct such reviews and reach such agreement in a timely and effective manner.

 

ARTICLE 18

Telecommunication Development Bureau and Advisory Board

  1. The Director of the Telecommunication Development Bureau shall organize and coordinate the work of the Telecommunication Development Sector.
  2. The Director shall, in particular:

a) participate as of right, but in an advisory capacity, in the deliberations of the telecommunication development conferences and of the tele communication development study groups. The Director shall make all necessary preparations for conferences and meetings of the Telecommunication Development Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council in carrying out these preparations;

b) process information received from administrations in application of the relevant resolutions and decisions of the Plenipotentiary Conference and telecommunication development conferences and prepare it, where appropriate, in a suitable form for publication;

c) exchange with members data in machine-readable and other forms, prepare and, as necessary, keep up to date any documents and databases of the Telecommunication Development Sector, and arrange with the Secretary-General, as appropriate, for their publication in the working languages of the Union in accordance with No. 172 of the Constitution;

d) assemble and prepare for publication, in cooperation with the General Secretariat and the other Sectors of the Union, both technical and administrative information that might be especially useful to developing countries in order to help them to improve their telecommunication networks. Their attention shall also be drawn to the possibilities offered by the international programmes under the auspices of the United Nations;

e) submit to the world telecommunication development conference a report on the activities of the Sector since the last conference; the Director shall also submit to the Council and to the Members of the Union such a report covering the two-year period since the last conference;

f) prepare a cost-based budget estimate for the requirements of the Tele communication Development Sector and transmit it to the Secretary-General for consideration by the Coordination Committee and inclusion in the Union’s budget.

3.   The Director shall work collegially with the other elected officials in order to ensure that the Union’s catalytic role in stimulating telecommunication development is strengthened and shall make the necessary arrangements with the Director of the Bureau concerned for the convening of information meetings on the activities of the Sector concerned.

4.    At the request of the Members concerned, the Director, with the assistance of the Directors of the other Bureaux and, where appropriate, the Secretary-General, shall study and offer advice concerning their national telecommunication problems; where a comparison of technical alternatives

5.    The Director shall choose the technical and administrative personnel of the Telecommunication Development Bureau within the framework of the budget as approved by the Council. The appointment of the personnel is made by the Secretary-General in agreement with the Director. The final decision for appointment or dismissal rests with the Secretary-General.

6.    A Telecommunication Development Advisory Board shall be established and the members of the Board shall be appointed by the Director in consultation with the Secretary-General. The Board shall be composed of persons with a wide and equitable cross-section of interests and expertise in telecommunication development and shall elect its chairman from among its members. The Board shall advise the Director, who shall participate in its meetings, on priorities and strategies in the Union’s telecommunication devel opment activities; it shall, inter alia, recommend steps to foster cooperation and coordination with other organizations interested in telecommunication development.

 

SECTION 8

Provisions Common to the Three Sectors

ARTICLE 19

Participation of Entities and Organizations Other than

Administrations in the Union’s Activities

 

  1. The Secretary-General and the Directors of the Bureaux shall encourage the enhanced participation in the activities of the Union of the following entities and organizations:

a) recognized operating agencies, scientific or industrial organizations and financial or development institutions which are approved by the Member concerned;

b) other entities dealing with telecommunication matters which are approved by the Member concerned;

c) regional and other international telecommunication, standardization, financial or development organizations.

  1. The Directors of the Bureaux shall maintain close working relations with those entities and organizations which are authorized to participate in the activities of one or more of the Sectors of the Union.
  2. Any request from an entity listed in No. 229 above to participate in the work of a Sector, in accordance with the relevant provisions of the Constitution and this Convention, approved by the Member concerned shall be forwarded by the latter to the Secretary-General.
  3. Any request from an entity referred to in No. 230 above submitted by the Member concerned shall be handled in conformity with a procedure established by the Council. Such a request shall be reviewed by the Council with respect to its conformity with the above procedure.
  4. Any request from any entity or organization listed in No. 231 above (other than those referred to in Nos. 260 and 261 of this Convention) to participate in the work of a Sector shall be sent to the Secretary-General and acted upon in accordance with procedures established by the Council.
  5. Any request from an organization referred to in Nos. 260 to 262 of this Convention to participate in the work of a Sector shall be sent to the Secretary-General, and the organization concerned shall be included in the lists referred to in No. 237 below.
  6. The Secretary-General shall compile and maintain lists of all entities and organizations referred to in Nos. 229 to 231 and Nos. 260 to 262 of this Convention that are authorized to participate in the work of each Sector and shall, at appropriate intervals, publish and distribute these lists to all Members and to the Director of the Bureau concerned. That Director shall advise such entities and organizations of the action taken on their requests.
  7. Entities and organizations contained in the lists referred to in No. 237 above are also referred to as “members” of the Sectors of the Union; the conditions of their participation in the Sectors are specified in this Article, in Article 33 and in other relevant provisions of this Convention. The provisions of Article 3 of the Constitution do not apply to them.

 

  1. A recognized operating agency may act on behalf of the Member which has recognized it, provided that Member informs the Director of the Bureau concerned that it is authorized to do so.
  2. Any entity or organization authorized to take part in the work of a Sector has the right to denounce such participation by notifying the Secretary-General. Such participation may also be denounced, where appropriate, by the Member concerned. Such denunciation shall take effect at the end of one year from the date when notification is received by the Secretary-General.
  3. The Secretary-General shall delete from the list of entities and organizations any entity or organization that is no longer authorized to participate in the work of a Sector, in accordance with criteria and procedures determined by the Council.

 

ARTICLE  20

Conduct of Business of Study Groups

  1. The radio communication assembly, the world telecommunication standardization conference and the world telecommunication development conference shall appoint a Chairman and normally one Vice-Chairman of each study group. In appointing Chairmen and Vice-Chairmen, particular consideration shall be given to the requirements of competence and equitable geographical distribution, and to the need to promote more efficient participation by the developing countries.
  2. If the workload of any study group requires, the assembly or conference shall appoint such additional Vice-Chairmen as it deems necessary, normally not more than two in total.

 

 

  1. If, in the interval between two assemblies or conferences of the Sector concerned, a study group Chairman is unable to carry out his duties and only one Vice-Chairman has been appointed, then that Vice-Chairman shall take the Chairman’s place. In the case of a study group for which more than one Vice-Chairman has been appointed, the study group at its next meeting shall elect a new Chairman from among those Vice-Chairmen and, if necessary, a new Vice-Chairman from among the members of the study group. It shall likewise elect a new Vice-Chairman if one of the Vice-Chairmen is unable to carry out his duties during that period.
  2. Study groups shall conduct their work as far as possible by correspondence, using modern means of communication.
  3. The Director of the Bureau of each Sector, on the basis of the decisions of the competent conference or assembly, after consultation with the Secretary-General and coordination as required by the Constitution and Convention, shall draw up the general plan of study group meetings.
  4. Study groups may initiate action for obtaining approval from Members for recommendations completed between two assemblies or conferences. The procedures to be applied for obtaining such approval shall be those approved by the competent assembly or conference. Recommendations so approved shall have the same status as ones approved by the conference itself.
  5. Where necessary, joint working parties may be established for the study of questions requiring the participation of experts from several study groups.
  6. The Director of the relevant Bureau shall send the final reports of the study groups to the administrations, organizations and entities participating in the Sector. Such reports shall include a list of the recommendations approved in conformity with No. 247 above. These reports shall be sent as soon as possible and, in any event, in time for them to be received at least one month before the date of the next session of the conference concerned.

 

ARTICLE  21

Recommendations from One Conference to Another

  1. Any conference may submit to another conference of the Union recommendations within its field of competence.
  2. Such recommendations shall be sent to the Secretary-General in good time for assembly, coordination and communication, as laid down in No. 320 of this Convention.

 

ARTICLE  22

Relations Between Sectors and With International Organizations

  1. The Directors of the Bureaux may agree, after appropriate consultation and coordination as required by the Constitution, the Convention and the decisions of the competent conferences or assemblies, to organize joint meetings of study groups of two or three Sectors, in order to study and prepare draft recommendations on questions of common interest. Such draft recommendations shall be submitted to the competent conferences or assemblies of the Sectors concerned.
  2. Conferences or meetings of a Sector may be attended in an advisory capacity by the Secretary-General, the Deputy Secretary-General, the Directors of the Bureaux of the other Sectors, or their representatives, and members of the Radio Regulations Board. If necessary, they may invite, in an advisory capacity, representatives of the General Secretariat or of any other Sector which has not considered it necessary to be represented.
  3. When a Sector is invited to participate in a meeting of an international organization, its Director is authorized to make arrangements for its representation in an advisory capacity, taking into account the provisions of No. 107 of this Convention.

CHAPTER II General Provisions Regarding Conferences

 

ARTICLE  23

Invitation and Admission to Plenipotentiary Conferences when There is an Inviting Government

  1. The precise place and the exact dates of the Conference shall be fixed in accordance with the provisions of Article 1 of this Convention, following consultations with the inviting government.
  2. (1) One year before the date of opening of the Conference, the inviting government shall send an invitation to the government of each Member of the Union.

   (2) These invitations may be sent directly or through the Secretary-General or through another government.

  1. The Secretary-General shall invite the following organizations to send observers:

a) the United Nations;

b) regional telecommunication organizations mentioned in Article 43 of the Constitution;

c) intergovernmental organizations operating satellite systems;

d) the specialized agencies of the United Nations and the International Atomic Energy Agency.

4.     (1) The replies of the Members must reach the inviting government at least one month before the date of                  opening of the Conference and should include whenever possible full information on the composition of                the delegation.

(2) These replies may be sent directly to the inviting government or through the Secretary-General or through another government.

(3) The replies of the organizations and agencies referred to in Nos. 259 to 262 above must reach the Secretary-General one month before the opening date of the Conference.

  1. The General Secretariat and the three Bureaux of the Union shall be represented at the Conference in an advisory capacity.
  2. The following shall be admitted to Plenipotentiary Conferences:

a) delegations;

b) observers of organizations and agencies invited in accordance with 259 to 262 above.

ARTICLE  24

Invitation and Admission to Radio communication Conferences when There is an Inviting Government

  1. The precise place and exact dates of the conference shall be fixed in accordance with the provisions of Article 3 of this Convention, following consultations with the inviting government.
  2. (1) The provisions of Nos. 256 to 265 of this Convention shall apply to radio communication conferences.

   (2) Members of the Union should inform the recognized operating agencies of the invitation they have                        received  to participate in a radio communication conference.

  1. (1) The inviting government, in agreement with or on a proposal by the Council, may notify the international organizations other than those referred to in Nos. 259 to 262 of this Convention which may be interested in sending observers to participate in the conference in an advisory capacity.

    (2) The interested international organizations referred to in No. 273 above shall send an application for admission to the inviting government within a period of two months from the date of notification.

 

(3) The inviting government shall assemble the requests and the conference itself shall decide whether the                          organizations concerned are to be admitted.

  1. The following shall be admitted to radiocommunication conferences:

a) delegations;

b) observers of organizations and agencies referred to in Nos. 259 to 262 of this Convention;

c) observers of international organizations admitted in accordance with Nos. 273 to 275 above;

d) observers representing recognized operating agencies authorized in accordance with Article 19 of this Convention to participate in the radiocommunication study groups and duly authorized by the Member concerned;

e) in an advisory capacity, the elected officials, when the conference is discussing matters coming within their competence, and the members of the Radio Regulations Board;

f) observers of Members of the Union participating in a non-voting capacity in a regional radio communication conference of a region other than that to which the said Members belong.

 

ARTICLE  25

Invitation and Admission to Radio communication Assemblies and to Telecommunication Standardization and Telecommunication Development Conferences when There is an Inviting Government

  1. The precise place and exact dates of each assembly or conference shall be fixed in accordance with the provisions of Article 3 of this Convention, following consultations with the inviting government.
  2. One year before the date of the opening of the assembly or conference, the Secretary-General, after consultation with the Director of the Bureau concerned, shall send an invitation to:

a) the administration of each Member of the Union;

b) the entities or organizations authorized in accordance with Article 19 of this Convention to participate in the activities of the Sector concerned;

c) regional telecommunication organizations mentioned in Article 43 of the Constitution;

d) intergovernmental organizations operating satellite systems;

e) any other regional organization or other international organization dealing with matters of interest to the assembly or conference.

3. The Secretary-General shall also invite the following organizations or agencies to send observers:

a) the United Nations;

b) the specialized agencies of the United Nations and the International Atomic Energy Agency.

4.   The replies must reach the Secretary-General at least one month before the date of opening of the assembly           or conference and should, whenever possible, include full information on the composition of the delegation           or representation.

5.    The General Secretariat and the elected officials of the Union shall be represented at the assembly or                        conference in an advisory capacity.

6.    The following shall be admitted to the assembly or conference:

a) delegations;

b) observers of organizations and agencies invited in accordance with Nos. 287 to 289 and 291 and 292 above;

c) representatives of entities or organizations referred to in No. 286 above.

 

ARTICLE  26

Procedure for Convening or Cancelling World Conferences or Radio communication Assemblies at the Request of Members of the Union or on a Proposal of the Council

  1. The procedures to be applied for convening a second world telecommunication standardization conference in the interval between successive Plenipotentiary Conferences and fixing its precise place and exact dates or for cancelling the second world radio communication conference or the second radio communication assembly are set forth in the following provisions.
  2.      (1) Any Member of the Union wishing to have a second world telecommunication standardization                              conference convened shall so inform the Secretary-General, indicating the proposed place and dates of                 the conference.

(2) On receipt of similar requests from at least one-quarter of the Members, the Secretary-General shall inform immediately all Members thereof by the most appropriate means of telecommunication, asking them to indicate, within six weeks, whether or not they agree to the proposal.

(3) If a majority of the Members, determined in accordance with No. 47 of this Convention, agree to the proposal as a whole, that is to say, if they accept the proposed place and dates, the Secretary-General shall so inform immediately all Members by the most appropriate means of tele communication.

(4) If the proposal accepted is for a conference elsewhere than at the seat of the Union, the Secretary-General, with the assent of the government concerned, shall take the necessary steps to convene the conference.

(5) If the proposal as a whole (place and dates) is not accepted by the majority of the Members determined in accordance with No. 47 of this Convention, the Secretary-General shall inform the Members of the Union of the replies received, requesting them to give a final reply on the point or points under dispute within six weeks of receipt.

 

(6) Such points shall be regarded as adopted when they have been approved by a majority of the Members, determined in accordance with No. 47 of this Convention.

 

  1.      (1) Any Member of the Union wishing to have a second world radio communication conference or a second radio communication assembly cancelled, shall so inform the Secretary-General. On receipt of similar requests from at least one-quarter of the Members, the Secretary-General shall inform immediately all Members thereof by the most appropriate means of telecommunication, asking them to indicate, within six weeks, whether or not they agree to the proposal.

(2) If a majority of the Members, determined in accordance with No. 47 of this Convention, agrees to the                              proposal, the Secretary-General shall so inform immediately all Members by the most appropriate means                      of telecommunication and the conference or assembly shall be cancelled.

  1. The procedures indicated in Nos. 301 to 307 above, with the exception of No. 306, shall also be applicable when the proposal to convene a second world telecommunication standardization conference or to cancel a second world radio communication conference or a second radio communication assembly is initiated by the Council.
  2. Any Member of the Union wishing to have a world conference on international telecommunications convened shall propose it to the Plenipotentiary Conference; the agenda, precise place and exact dates of such a conference shall be determined in accordance with the provisions of Article 3 of this Convention.

 

 

ARTICLE  27

Procedure for Convening Regional Conferences at the Request of Members of the Union or on a Proposal of the Council

In the case of a regional conference, the procedure described in Nos. 300 to 305 of this Convention shall be applicable only to the Members of the region concerned. If the conference is to be convened on the initiative of the Members of the region, it will suffice for the Secretary-General to receive concordant requests from a quarter of the total number of Members in that region. The procedure described in Nos. 301 to 305 of this Convention shall also be applicable when the proposal to convene such a conference is initiated by the Council.

 

ARTICLE  28

Provisions for Conferences Meeting when There is no Inviting Government

When a conference is to be held without an inviting government, the provisions of Articles 23, 24 and 25 of this Convention shall apply. The Secretary-General shall take the necessary steps to convene and organize it at the seat of the Union, after agreement with the Government of the Swiss Confederation.

 

 

ARTICLE  29

Change in the Place or Dates of a Conference

  1. The provisions of Articles 26 and 27 of this Convention for convening a conference shall apply, by analogy, when a change in the precise place and/or exact dates of a conference is requested by Members of the Union or is proposed by the Council. However, such changes shall only be made if a majority of the Members concerned, determined in accordance with No. 47 of this Convention, have pronounced in favour.
  2. It shall be the responsibility of any Member proposing a change in the precise place or exact dates of a conference to obtain for its proposal the support of the requisite number of other Members.
  3. Where the issue arises, the Secretary-General shall indicate, in the communication referred to in No. 301 of this Convention, the probable financial consequences of a change in the place or dates, as, for example, when there has been an outlay of expenditure in preparing for the conference at the place initially chosen.

 

ARTICLE  30

Time-Limits and Conditions for Submission of Proposals and Reports to Conferences

  1. The provisions of this Article shall apply to the Plenipotentiary Conference, world and regional radio communication conferences and world conferences on international telecommunications.
  2. Immediately after the invitations have been dispatched, the Secretary-General shall ask Members to send him, at least four months before the start of the conference, their proposals for the work of the conference.
  3. All proposals the adoption of which will involve amendment of the text of the Constitution or this Convention or revision of the Administrative Regulations must carry references identifying by their marginal numbers those parts of the text which will require such amendment or revision. The reasons for the proposal must be given, as briefly as possible, in each case.

 

  1. Each proposal received from a Member of the Union shall be annotated by the Secretary-General to indicate its origin by means of the symbol established by the Union for that Member. Where a proposal is made jointly by more than one Member the proposal shall, to the extent practicable, be annotated with the symbol of each Member.
  2. The Secretary-General shall communicate the proposals to all Members as they are received.
  3. The Secretary-General shall assemble and coordinate the proposals received from Members and shall communicate them to Members as they are received, but in any case at least two months before the opening of the conference. Elected officials and staff members of the Union, as well as those observers and representatives that may attend conferences in accordance with the relevant provisions of this Convention, shall not be entitled to submit proposals.
  4. The Secretary-General shall also assemble reports received from Members, the Council and the Sectors of the Union and recommendations by conferences and shall communicate them to Members, along with any reports by the Secretary-General, at least four months before the opening of the conference.
  5. Proposals received after the time-limit specified in No. 316 above shall be communicated to all Members by the Secretary-General as soon as practicable.
  6. The provisions of the present Article shall apply without prejudice to the amendment provisions contained in Article 55 of the Constitution and in Article 42 of this Convention.

  

 

ARTICLE  31

Credentials for Conferences

  1. The delegation sent by a Member of the Union to a Plenipotentiary Conference, a radiocommunication conference or a world conference on international telecommunications shall be duly accredited in accordance with Nos. 325 to 331 below.

 

  1. (1)    Accreditation of delegations to Plenipotentiary Conferences shall be by means of instruments signed by              the Head of State, by the Head of Government or by the Minister for Foreign Affairs.

(2) Accreditation of delegations to the other conferences referred to in No. 324 above shall be by means of                            instruments signed by the Head of State, by the Head of Government, by the Minister for Foreign Affairs                        or by the Minister responsible for questions dealt with during the conference.

   (3) Subject to confirmation prior to the signature of the Final Acts, by one of the authorities mentioned in Nos.            325 or 326 above, a delegation may be provisionally accredited by the Head of the diplomatic mission of                the Member concerned to the host government. In the case of a conference held in the Swiss                                      Confederation, a delegation may also be provisionally accredited by the Head of the permanent delegation            of the Member concerned to the United Nations Office at Geneva.

  1. Credentials shall be accepted if they are signed by one of the competent authorities mentioned in Nos. 325 to 327 above, and fulfil one of the following criteria:
  • they confer full powers on the delegation;
  • they authorize the delegation to represent its government, without restrictions;
  • they give the delegation, or certain members thereof, the right to sign the Final Acts.
  1.      (1) A delegation whose credentials are found to be in order by the Plenary Meeting shall be entitled to exercise the right to vote of the Member concerned, subject to the provisions of Nos. 169 and 210 of the Constitution, and to sign the Final Acts.

(2) A delegation whose credentials are found not to be in order by the Plenary Meeting shall not be entitled to exercise the right to vote or to sign the Final Acts until the situation has been rectified.

  1. Credentials shall be deposited with the secretariat of the conference as early as possible. The Committee referred to in No. 361 of this Convention 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 concerned.

 

  1. As a general rule, Members of the Union should endeavor to send their own delegations to conferences of the Union. However, if a Member is unable, for exceptional reasons, to send its own delegation, it may give the delegation of another Member powers to vote and sign on its behalf. Such powers must be conveyed by means of an instrument signed by one of the authorities mentioned in Nos. 325 or 326 above.
  2. A delegation with the right to vote may give to another delegation with the right to vote a mandate to exercise its vote at one or more meetings at which it is unable to be present. In such a case it shall, in good time, notify the Chairman of the conference in writing.
  3. A delegation may not exercise more than one proxy vote.
  4. Credentials and transfers of powers sent by telegram shall not be accepted. Nevertheless, replies sent by telegram to requests by the Chairman or the secretariat of the conference for clarification of credentials shall be accepted.
  5. A Member or an authorized entity or organization intending to send a delegation or representatives to a telecommunication standardization conference, a telecommunication development conference or a radio communication assembly shall so inform the Director of the Bureau of the Sector concerned, indicating the names and functions of the members of the delegation or of the representatives.

CHAPTER  III Rules of Procedure

 

ARTICLE 32

Rules of Procedure of Conferences and Other Meetings

The Rules of Procedure shall apply without prejudice to the amendment provisions contained in Article 55 of the Constitution and in Article 42 of this Convention.

 

  1. Order of Seating

At meetings of the conference, delegations shall be seated in the alphabetical order of the French names of the Members represented.

2. Inauguration of the Conference

1.      (1) The inaugural meeting of the conference shall be preceded by a meeting of the Heads of delegation in the course of which it shall prepare the agenda for the first Plenary Meeting and make proposals for the organization, chairmanships and vice-chairmanships of the conference and its committees, taking into account the principles of rotation, geographical distribution, the necessary competence and the provisions of No. 346 below.

           (2) The Chairman of the meeting of Heads of delegation shall be appointed in accordance with the provisions of Nos. 344 and 345 below.

2.  (1) The conference shall be opened by a person appointed by the inviting government.

     (2) When there is no inviting government, it shall be opened by the oldest Head of delegation.

 3. (1) The Chairman of the conference shall be elected at the first Plenary Meeting; generally, he shall be a           person nominated by the inviting government.

      (2) If there is no inviting government, the Chairman shall be chosen, taking into account the proposals                made by the Heads of delegation at the meeting described in No. 342 above.

  4.   The first Plenary Meeting shall also:

a) elect the Vice-Chairmen of the conference;

b) set up the conference committees and elect their respective Chairmen and Vice-Chairmen;

c) designate the conference secretariat, in accordance with No. 97 of this Convention; the secretariat may be reinforced, in case of need, by staff provided by the administration of the inviting government.

 

  1. Powers of the Chairman of the Conference

1.   The Chairman, in addition to the other prerogatives conferred upon him under these Rules of Procedure, shall open and close the meetings of the Plenary Meeting, direct the deliberations, ensure that the Rules of Procedure are applied, give the floor to speakers, put questions to the vote, and announce the decisions adopted.

2.   He shall have the general direction of all the work of the conference, and shall ensure that order is maintained at Plenary Meetings. He shall give his ruling on motions of order and points of order and, in particular, he shall be empowered to propose that discussion on a question be postponed or closed, or that a meeting be suspended or adjourned. He may also decide to postpone the convening of a Plenary Meeting should he consider it necessary.

3.   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.

4.  He shall ensure that discussion is limited to the point at issue, and he may interrupt any speaker who departs therefrom and request him to confine his remarks to the subject under discussion.

4.  Setting up of Committees

1.  The Plenary Meeting may set up committees to consider matters referred to the conference. These committees may in turn set up sub committees. Committees and sub-committees may set up working groups.

2.   Sub-committees and working groups shall be set up when necessary.

3.   Subject to the provisions of Nos. 356 and 357 above, the following committees shall be set up:

4.1   Steering Committee

a) This Committee shall normally be composed of the Chairman of the conference or meeting, who shall be its Chairman, the Vice-Chairmen of the conference and the Chairmen and Vice-Chairmen of committees;

b) The Steering Committee shall coordinate all matters connected with the smooth execution of work and shall plan the order and number of meetings, avoiding overlapping wherever possible in view of the limited number of members of some delegations.

4.2   Credentials Committee

A Plenipotentiary Conference, a radiocommunication conference or a world conference on international telecommunications shall appoint a Credentials Committee, the mandate of which shall be to verify the credentials of delegations to these conferences. This Committee shall report on its conclusions to the Plenary Meeting within the time specified by the latter.

4.3  Editorial Committee

a) The texts prepared in the various committees, which shall be worded as far as possible in their definitive form by these committees, taking account of the views expressed, shall be submitted to an Editorial Committee charged with perfecting their form without altering the sense and, where appropriate, with combining them with those parts of former texts which have not been altered.

b) The texts shall be submitted by the Editorial Committee to the Plenary Meeting, which shall approve them, or refer them back to the appropriate committee for further examination

4.4    Budget Control Committee

a) At the opening of each conference, the Plenary Meeting shall appoint a Budget Control Committee to determine the organization and the facilities available to the delegates, and to examine and approve the accounts for expenditure incurred throughout the duration of the conference. In addition to the members of delegations who wish to participate, this Committee shall include a representative of the Secretary-General, of the Director of the Bureau concerned, and, where there is an inviting government, a representative of that government.

b) Before the budget approved by the Council for the conference is exhausted, the Budget Control Committee, in collaboration with the secretariat of the conference, shall present an interim statement of the expenditure to the Plenary Meeting. The Plenary Meeting shall take this statement into account in considering whether the progress made is sufficient to justify a prolongation of the conference after the date when the approved budget will be exhausted.

 

c) At the end of each conference, the Budget Control Committee shall present a report to the Plenary Meeting showing, as accurately as possible, the estimated total expenditure of the conference, as well as an estimate of the costs that may be entailed by the execution of the decisions taken by such conference.

d) After consideration and approval by the Plenary Meeting, this report, together with the observations of the Plenary Meeting, shall be transmitted to the Secretary-General for submission to the Council at its next ordinary session.

5.  Composition of Committees

            5.1       Plenipotentiary Conferences

Committees shall be composed of the delegates of Members and the observers referred to in No. 269 of this Convention who have so requested or who have been designated by the Plenary Meeting.

            5.2    Radio communication Conferences and World Conferences on International                                                Telecommunications

Committees shall be composed of the delegates of Members and the observers and representatives referred to in Nos. 278, 279 and 280 of this Convention who have so requested or who have been designated by the Plenary Meeting.

   5.3 Radiocommunication Assemblies, Telecommunication Standardization Conferences and               Telecommunication Development Conferences

In addition to delegates of Members and observers referred to in Nos. 259 to 262 of this Convention, the radiocommunication assemblies and the committees of the telecommunication standardization and telecommunication development conferences may be attended by representatives of any entity or organization included in the relevant list referred to in No. 237 of this Convention.

  1. Chairmen and Vice-Chairmen of Sub-Committees

The Chairman of each committee shall propose to his committee the choice of the Chairmen and Vice-Chairmen of the sub-committees which may be set up.

  1. Summons to Meetings

Plenary Meetings and meetings of committees, sub-committees and working groups shall be announced in good time in the meeting place of the conference.

  1. Proposals Presented Before the Opening of the Conference

Proposals presented before the opening of the conference shall be allocated by the Plenary Meeting to the appropriate committees set up in accordance with Section 4 of these Rules of Procedure. Nevertheless, the Plenary Meeting itself shall be entitled to deal with any proposal.

9. Proposals or Amendments Presented During the Conference

1.   Proposals or amendments presented after the opening of the conference shall be delivered to the Chairman of the conference, to the Chairman of the appropriate committee or to the secretariat of the conference for publication and distribution as conference documents.

2.  No written proposal or amendment may be presented unless signed by the Head of the delegation concerned or by his deputy.

3.  The Chairman of the conference or of a committee, a sub-committee or a working group may at any time submit proposals likely to accelerate the debates.

4.  Every proposal or amendment shall give, in precise and exact terms, the text to be considered.

5.  (1) The Chairman of the conference or the Chairman of the appropriate committee, sub-committee or working group shall decide in each case whether a proposal or amendment submitted during a meeting shall be made orally or presented in writing for publication and distribution in accordance with No. 374 above.

 

    (2) In general, the texts of all major proposals to be put to the vote shall be distributed in good time in the working languages of the conference, in order that they may be studied before discussion.

    (3) In addition, the Chairman of the conference, on receiving proposals or amendments referred to in No. 374 above, shall refer them to the appropriate committee or to the Plenary Meeting as the case may be.

6.  Any authorized person may read, or may ask to have read, at a Plenary Meeting any proposal or amendment submitted by him during the conference, and he shall be allowed to explain his reasons therefor.

10.  Conditions Required for Discussion of or Decision or Vote on any Proposal or Amendment

1.   No proposal or amendment may be discussed unless it is supported by at least one other delegation when it comes to be considered.

2.  Each proposal or amendment duly supported shall be submitted for discussion and thereafter for decision, if necessary by a vote.

 11.  Proposals or Amendments Passed Over or Postponed

When a proposal or an amendment has been passed over or when its examination has been postponed, the delegation sponsoring it shall be responsible for seeing that it is considered later.

12. Rules for Debates in Plenary Meetings

                12.1     Quorum

For a valid vote to be taken at a Plenary Meeting, more than half of the delegations accredited to the conference and having the right to vote must be present or represented at the meeting.

12.2    Order of debates

(1) Persons desiring to speak must first obtain the consent of the Chairman. As a general rule, they shall begin by announcing in what capacity they speak.

(2) Any person speaking must express himself slowly and distinctly, separating his words and pausing as necessary in order that everybody may understand his meaning.

12.3    Motions of order and points of order

(1) During debates, any delegation may, when it thinks fit, submit a motion of order or raise a point of order, which shall at once be settled by the Chairman in accordance with these Rules of Procedure. Any delegation may appeal against the Chairman’s ruling, which shall however stand unless a majority of the delegations present and voting are against it.

(2) A delegation submitting a motion of order shall not, during its speech, discuss the substance of the matter in question.

               12.4   Priority of motions of order and points of order

The motions and points of order mentioned in No. 388 of this Convention shall be dealt with in the following order:

a) any point of order regarding the application of these Rules of Procedure, including voting procedures;

b) suspension of a meeting;

c) adjournment of a meeting;

d)       postponement of debate on the matter under discussion;

e) closure of debate on the matter under discussion;

f) any other motions of order or points of order that may be submitted, in which case it shall be for the Chairman to decide the relative order in which they shall be considered.

               12.5   Motion for suspension or adjournment of a meeting

During the discussion of a question, a delegation may move that the meeting be suspended or adjourned, giving reasons for its proposal. If the proposal is seconded, the floor shall be given to two speakers to oppose the suspension or adjournment and solely for that purpose, after which the motion shall be put to the vote.

                12.6   Motion for postponement of debate

During discussion of any question, a delegation may move that the debate be postponed for a stated period. Once such a proposal has been made, any discussion thereon shall be limited to no more than three speakers not counting the person submitting the proposal, one for the motion and two against, after which the motion shall be put to the vote.

               12.7    Motion for closure of debate

A delegation may at any time move that discussions on the point at issue be closed. In such cases the floor shall be given to not more than two speakers opposing the motion, after which the motion shall be put to the vote. If the motion succeeds, the Chairman will immediately call for a vote on the point at issue.

12.8   Limitation of speeches

(1) 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.

(2) However, as regards questions of procedure, the Chairman shall limit the time allowed for a speech to a maximum of five minutes.

(3) When a speaker has exceeded the time allowed, the Chairman shall notify the Meeting and request the speaker to conclude his remarks briefly.

12.9  Closing the list of speakers

(1) During the debate, the Chairman may rule that the list of speakers wishing to take the floor be read. He shall add the names of other delegations which indicate that they wish to speak and he may then, with the assent of the Meeting, rule that the list be closed. Nevertheless, as an exceptional measure, the Chairman may rule, if he thinks fit, that a reply may be made to any previous statement, even after the list of speakers has been closed.

(2) The list of speakers having been exhausted, the Chairman shall declare discussion on the matter closed.

            12.10   Questions of competence

Any question of competence that may arise shall be settled before a vote is taken on the substance of the matter under discussion.

            12.11   Withdrawal and re-submission of a motion

The author of a motion may withdraw it before it is put to a vote. Any motion, whether amended or not, which has been withdrawn from debate may be resubmitted or taken up by the author of the amendment or by another delegation.

      13.  Right to Vote

  1. At all meetings of the conference, the delegation of a Member of the Union duly accredited by that Member to take part in the work of the conference shall be entitled to one vote in accordance with Article 3 of the Constitution.
  2. The delegation of a Member of the Union shall exercise the right to vote under the conditions described in Article 31 of this Convention.
  3. When a Member is not represented by an administration at a radio-communication assembly, a world telecommunication standardization conference or a telecommunication development conference, the representatives of the recognized operating agencies of the Member concerned shall, as a whole, and regardless of their number, be entitled to a single vote, subject to the provisions of No. 239 of this Convention. The provisions of Nos. 335 to 338 of this Convention concerning the transfer of powers shall apply to the above conferences.

14.  Voting

           14.1     Definition of a majority

(1) A majority shall consist of more than half the delegations present and voting.

(2) In computing a majority, delegations abstaining shall not be taken into account.

(3) In case of a tie, a proposal or amendment shall be considered rejected.

(4) For the purpose of these Rules of Procedure, a “delegation present and voting” shall be a delegation voting for or against a proposal.

            14.2    Non-participation in voting

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 absent, for the purpose of determining a quorum as defined in No. 385 of this Convention, nor as abstaining for the purpose of applying the provisions of No. 416 below.

            14.3     Special majority

 In cases concerning the admission of new Members of the Union, the majority described in Article 2 of the Constitution shall apply.

     14.4     Abstentions of more than fifty per cent

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.

             14.5         Voting procedures

      1.  The voting procedures are 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;

  b) by a roll call in the alphabetical order of the French names of the Members present and entitled to vote:

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

2.  if the procedure under a) shows no clear majority;

         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.

2.  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. He shall then declare the beginning of the vote. When the vote has been taken, he shall announce the results.

3.   In the case of a secret ballot, the secretariat shall at once take steps to ensure the secrecy of the vote.

4.   Voting may be conducted by an electronic system if a suitable system is available and if the conference so decides.

           14.6  Prohibition of interruptions once the vote has begun

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.

            14.7     Reasons for votes

The Chairman shall authorize any delegations which so request to give the reasons for their vote, after the vote has been taken.

             14.8        Voting on parts of a proposal

(1) When the author of a proposal so requests, or when the meeting thinks fit, or when the Chairman, with the approval of the author, so proposes, that proposal shall be sub-divided and its various sections put to the vote separately. The parts of the proposal which have been adopted shall then be put to the vote as a whole.

(2) If all the sections of a proposal are rejected the proposal shall be regarded as rejected as a whole.

             14.9         Order of voting on concurrent proposals

(1) 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.

(2) After each vote, the meeting shall decide whether or not the following proposal shall be voted on.

            14.10  Amendments

(1) Any proposal for modification consisting only of a deletion from, an addition to, or a change in, a part of the original proposal shall be considered an amendment.

(2) Any amendment to a proposal accepted by the delegation submitting the proposal shall at once be embodied in the original proposal.

(3) No proposal for modification shall be regarded as an amendment if the meeting considers it to be incompatible with the original proposal.

     14.11   Voting on amendments

(1) When an amendment to a proposal is submitted, a vote shall first be taken on the amendment.

(2) 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.

(3) If one or more amendments are adopted, the proposal thus amended shall then be put to the vote.

            14.12   Repetition of a vote

(1) In the committees, sub-committees or working groups of a conference or a meeting, a proposal, a part of a proposal or an amendment which has already been decided by a vote within one of the committees, sub committees or working groups may not be put to the vote again within the same committee, sub-committee or working group. This shall apply irrespective of the voting procedure chosen.

(2) In the Plenary Meetings a proposal, a part of a proposal or an amendment shall not be put to the vote again unless:

a) he majority of the Members entitled to vote so request, and

b) the request for a repetition of the vote is made at least one full day after the vote has been taken.

 

15.  Rules for Debates and Voting Procedures in Committees and Sub-Committees

1.  The Chairmen of all committees and sub-committees shall have powers similar to those conferred by Section 3 of the present Rules of Procedure on the Chairman of the conference.

2.  The provisions of Section 12 of the present Rules of Procedure for the conduct of debates in the Plenary Meeting shall also apply to the discussions in committees and sub-committees, except in the matter of the quorum.

3.  The provisions of Section 14 of the present Rules of Procedure shall also apply to votes taken in committees and sub-committees.

16.  Reservations

1.  As a general rule, any delegation whose views are not shared by the remaining delegations shall endeavour, as far as possible, to conform to the opinion of the majority.

2.  However, if any decision appears to a delegation to be such as to prevent its government from consenting to be bound by amendments to the Constitution or this Convention or by the revision of the Administrative Regulations, this delegation may make reservations, final or provisional, regarding that decision; any such reservations may be made by a delegation on behalf of a Member which is not participating in the conference and which has given that delegation proxy powers to sign the Final Acts in accordance with the provisions of Article 31 of this Convention.

 17.  Minutes of Plenary Meetings

1.  The minutes of Plenary Meetings shall be drawn up by the secretariat of the conference, which shall ensure that they are distributed to delegations as early as possible, and in any event not later than five working days after each meeting.

2.  After the minutes have been distributed, delegations may submit in writing to the secretariat of the conference any corrections they consider to be justified; this shall be done in the shortest possible time. This shall not prevent them from presenting amendments orally during the meeting at which the minutes are approved.

3   (1) As a general rule, the minutes shall contain only proposals and conclusions, together with the principal arguments on which they are based, presented in terms as concise as possible.

     (2) However, any delegation shall have the right to require the insertion in the minutes, either summarized or in full, of any statement it has made during the debates. In this case, the delegation should, as a general rule, announce this at the beginning of its statement in order to facilitate the work of the reporters and must itself hand in the text to the secretariat of the conference within two hours after the end of the meeting.

4. The right accorded in No. 450 above regarding the insertion of statements in the minutes shall in all cases be used with discretion.

18.  Summary Records and Reports of Committees and Sub-Committees

1.    (1) Summary records of the debates of meetings of committees or sub-committees shall be drawn up, meeting by meeting, by the secretariat of the conference, which shall ensure that they are distributed to delegations not later than five working days after each meeting. The records shall bring out the essential points of the discussion, and the various opinions of which note ought to be taken, together with any proposals or conclusions resulting from the debates as a whole.

      (2)   Nevertheless, any delegation shall be entitled to invoke No. 450 above.

      (3) The right accorded in No. 453 above shall in all circumstances be used with discretion.

2.   Committees and sub-committees may prepare any interim reports they deem necessary and, if circumstances warrant, they may submit, at the end of their work, a final report recapitulating in concise terms the proposals and conclusions resulting from the studies entrusted to them.

19.  Approval of Minutes, Summary Records and Reports

1.   (1) As a general rule, at the beginning of each Plenary Meeting, or meeting of a committee, or sub-committee, the Chairman shall inquire whether there are any comments on the minutes of the previous meeting, or, in the case of committees or sub-committees, on the summary record of the previous meeting. These documents shall be considered approved if no amendments have been handed in to the secretariat and no objection is made orally. Otherwise, the appropriate amendments shall be made in the minutes or summary record as the case may be.

                     (2) Any interim or final report must be approved by the committee or sub-committee concerned.

       2.    (1) The minutes of the last Plenary Meetings shall be examined and approved by the Chairman.

(2) The summary records of the last meetings of each committee or sub-committee shall be examined and approved by the Chairman of the committee or sub-committee.

20.  Numbering

  1. The numbers of the chapters, articles and paragraphs of the texts subjected to revision shall be preserved until the first reading in Plenary Meeting. The passages added shall bear provisionally the number of the last preceding paragraph in the original text, with the addition of “A”, “B”, etc.
  2. The final numbering of the chapters, articles and paragraphs shall normally be entrusted to the Editorial Committee after their adoption at the first reading but may, by a decision of the Plenary Meeting, be entrusted to the Secretary-General.

21.  Final Approval

The texts of the Final Acts of a Plenipotentiary Conference, a radio-communication conference or a world conference on international tele communications shall be considered final when they have been approved at the second reading in Plenary Meeting.

22.  Signature

The texts of the Final Acts approved by the conferences referred to in No. 462 above shall be submitted for signature, in the alphabetical order of the Members’ names in French, to the delegates provided with the powers defined in Article 31 of this Convention.

23.  Relations with the Press and the Public

  1. Official releases to the press about the work of the conference shall be issued only as authorized by the Chairman of the conference.
  2. The press and the public may, to the extent practicable, be present at the conference in accordance with the guidelines approved by the meeting of Heads of delegations referred to in No. 342 above and with the practical arrangements made by the Secretary-General. The presence of the press and the public shall in no way disturb the normal conduct of the work of the meeting.
  3. Other meetings of the Union shall not be open to the press and the public, unless the meeting in question decides otherwise.

 

  1. Franking Privileges

During the conference, members of delegations, representatives of Members of the Council, members of the Radio Regulations Board, senior officials of the General Secretariat and of the Sectors of the Union attending the conference and the staff of the Secretariat of the Union seconded to the conference shall be entitled to postal, telegram, telephone and telex franking privileges to the extent arranged by the host government in agreement with the other governments and recognized operating agencies concerned.

CHAPTER  IV Other Provisions

 

ARTICLE  33

Finances

  1. (1) The scale from which each Member shall choose its class of contribution, in conformity with the relevant provisions of Article 28 of the Constitution, shall be as follows:

40 unit class                                     4 unit class

35 unit class                                     3 unit class

30 unit class                                     2 unit class

28 unit class                                     11/2 unit class

25 unit class                                     1 unit class

23 unit class                                      1/2 unit class

20 unit class                                      1/4 unit class

18 unit class                                     1/8 unit class*

15 unit class                                     1/16 unit class*

13 unit class                   (*For the least developed

10 unit class                                     countries as listed by the

8 unit class                                       United Nations and other

5 unit class                                        Members as determined by

the Council.)

 

  • (2) In addition to the classes of contribution listed in No. 468 above, any Member may choose a number of contributory units over 40.
  • (3) The Secretary-General shall communicate the decision of each Member as to the class of contribution chosen by it to all the Members of the Union.

 

  • (4) Members may at any time choose a class of contribution higher than the one already adopted by them.
  1. (1) Every new Member shall, in respect of the year of its accession, pay a contribution calculated as from the first day of the month of accession.
  • (2) Should the Constitution and this Convention be denounced by a Member, its contribution shall be paid up to the last day of the month in which such denunciation takes effect.
  1. The amounts due shall bear interest from the beginning of each financial year of the Union at 3% (three per cent) per annum during the first six months, and at 6% (six per cent) per annum from the beginning of the seventh month.
  2. The following provisions shall apply to contributions by the organizations referred to in Nos. 259 to 262 and to entities authorized to participate in the Union’s activities in accordance with the provisions of Article 19 of this Convention.
  3. The organizations referred to in Nos. 259 to 262 of this Convention and other organizations of an international character which participate in a Plenipotentiary Conference, in a Sector of the Union or in a world conference on international telecommunications shall share in defraying the expenses of the conference or the Sector in accordance with Nos. 479 to 481 below, as appropriate, unless they have been exempted by Council, subject to reciprocity.
  4. Any entity or organization appearing in the lists mentioned in No. 237 of this Convention shall share in defraying the expenses of the Sector in accordance with Nos. 479 and 480 below.
  5. Any entity or organization appearing in the lists mentioned in No. 237 of this Convention which participates in a radiocommunication conference, a world conference on international telecommunications or a conference or assembly of a Sector of which it is not a member, shall share in defraying the expenses of the conference or assembly in accordance with Nos. 479 and 481 below.
  6. The contributions mentioned in Nos. 476, 477 and 478 shall be based on the free choice of a class of contribution from the scale given in No. 468 above, with the exception of the 1/4, 1/8 and 1/16 unit classes reserved for Members of the Union (the latter exception does not apply to the Telecom munication Development Sector); the Secretary-General shall be informed of the class chosen; any entity or organization concerned may at any time choose a class of contribution higher than the one already adopted by it.
  7. The amount of the contribution per unit payable towards the expenses of each Sector concerned shall be set at 1/5 of the contributory unit of the Members of the Union. These contributions shall be considered as Union income. They shall bear interest in accordance with the provisions of No. 474 above.
  8. The amount of the contribution per unit payable towards the expenses of a conference or assembly shall be set by dividing the total amount of the budget of the conference or assembly in question by the total number of units contributed by Members as their share of Union expenses. The contributions shall be considered as Union income. They shall bear interest from the sixtieth day following the day on which accounts are sent out, at the rates fixed in No. 474 above.
  9. Reduction in the number of contributory units shall be possible only in accordance with the principles stipulated in the relevant provisions of Article 28 of the Constitution.
  10. In the case of denunciation of participation in the work of a Sector or of termination of such participation (see No. 240 of this Convention), the contribution shall be paid up to the last day of the month in which such denunciation or termination takes effect.
  11. The sale price of publications shall be determined by the Secretary-General, bearing in mind that the cost of reproduction and distribution should, in general, be covered by the sale of the publications.
  12. The Union shall maintain a reserve account in order to provide working capital to meet essential expenditures and to maintain sufficient cash reserves to avoid resorting to loans as far as possible. The amount of the reserve account shall be fixed annually by the Council on the basis of expected requirements. At the end of each biennial budgetary period all budget credits which have not been expended or encumbered will be placed in the reserve account. Other details of this account are described in the Financial Regulations.
  13. (1) The Secretary-General may, in agreement with the Coordination Committee, accept voluntary contributions in cash or kind, provided that the conditions attached to such voluntary contributions are consistent, as appropriate, with the purposes and programmes of the Union and with the programmes adopted by a conference and in conformity with the Financial Regulations, which shall contain special provisions for the acceptance and use of such voluntary contributions.

 

  • (2) Such voluntary contributions shall be reported by the Secretary-General to the Council in the financial operating report as well as in a summary indicating for each case the origin, proposed use and action taken with respect to each voluntary contribution.

 

ARTICLE  34

Financial Responsibilities of Conferences

  1. Before adopting proposals or taking decisions with financial implications, the conferences of the Union shall take account of all the Union’s budgetary provisions with a view to ensuring that they will not result in expenses beyond the credits which the Council is empowered to authorize.
  2. No decision of a conference shall be put into effect if it will result in a direct or indirect increase in expenses beyond the credits that the Council is empowered to authorize.

 

ARTICLE  35

Languages

  1. (1) At conferences and meetings of the Union, languages other than those mentioned in the relevant provisions of Article 29 of the Constitution may be used:

 

  1. a) if an application is made to the Secretary-General or to the Director of the Bureau concerned to provide for the use of an additional language or languages, oral or written, provided that the additional cost so incurred shall be borne by those Members which have made or supported the application;

 

  1. b) if any delegation itself makes arrangements at its own expense for oral translation from its own language into any one of the languages referred to in the relevant provision of Article 29 of the Constitution.
  • (2) In the case provided for in No. 491 above, the Secretary-General or the Director of the Bureau concerned shall comply to the extent practicable with the application, having first obtained from the Members concerned an undertaking that the cost incurred will be duly repaid by them to the Union.
  • (3) In the case provided for in No. 492 above, the delegation concerned may, furthermore, if it wishes, arrange at its own expense for oral translation into its own language from one of the languages referred to in the relevant provision of Article 29 of the Constitution.
  1. Any of the documents referred to in the relevant provisions of Article 29 of the Constitution may be published in languages other than those there specified, provided that the Members requesting such publication undertake to defray the whole of the cost of translation and publication involved.

CHAPTER  V Various Provisions Related to the Operation of Telecommunication Services

 

ARTICLE  36

Charges and Free Services

The provisions regarding charges for telecommunications and the various cases in which free services are accorded are set forth in the Administrative Regulations.

 

ARTICLE  37

Rendering and Settlement of Accounts

  1. The settlement of international accounts shall be regarded as current transactions and shall be effected in accordance with the current international obligations of the Members concerned in those cases where their governments have concluded arrangements on this subject. Where no such arrangements have been concluded, and in the absence of special agreements made under Article 42 of the Constitution, these settlements shall be effected in accordance with the Administrative Regulations.
  2. Administrations of Members and recognized operating agencies which operate international telecommunication services shall come to an agreement with regard to the amount of their debits and credits.
  3. The statement of accounts with respect to debits and credits referred to in No. 498 above shall be drawn up in accordance with the provisions of the Administrative Regulations, unless special arrangements have been concluded between the parties concerned.

 

ARTICLE  38

Monetary Unit

In the absence of special arrangements concluded between Members, the monetary unit to be used in the composition of accounting rates for international telecommunication services and in the establishment of international accounts shall be:

  • either the monetary unit of the International Monetary Fund
  • or the gold franc,

both as defined in the Administrative Regulations. The provisions for application are contained in Appendix 1 to the International Telecommunication Regulations.

ARTICLE  39

Intercommunication

  1. Stations performing radiocommunication in the mobile service shall be bound, within the limits of their normal employment, to exchange radio-communications reciprocally without distinction as to the radio system adopted by them.
  2. Nevertheless, in order not to impede scientific progress, the provisions of No. 501 above shall not prevent the use of a radio system incapable of communicating with other systems, provided that such incapacity is due to the specific nature of such system and is not the result of devices adopted solely with the object of preventing intercommunication.
  3. Notwithstanding the provisions of No. 501 above, a station may be assigned to a restricted international service of telecommunication, determined by the purpose of such service, or by other circumstances independent of the system used.

 

ARTICLE  40

Secret Language

  1. Government telegrams and service telegrams may be expressed in secret language in all relations.
  2. Private telegrams in secret language may be admitted between all Members with the exception of those which have previously notified, through the Secretary-General, that they do not admit this language for that category of correspondence.
  3. Members which do not admit private telegrams in secret language originating in or destined for their own territory must let them pass in transit, except in the case of suspension of service provided for in Article 35 of the Constitution.

CHAPTER  VI Arbitration and Amendment

 

ARTICLE  41

Arbitration: Procedure

(see Article 56 of the Constitution)

  1. The party which appeals to arbitration shall initiate the arbitration procedure by transmitting to the other party to the dispute a notice of the submission of the dispute to arbitration.
  2. The parties shall decide by agreement whether the arbitration is to be entrusted to individuals, administrations or governments. If within one month after notice of submission of the dispute to arbitration, the parties have been unable to agree upon this point, the arbitration shall be entrusted to governments.
  3. If arbitration is to be entrusted to individuals, the arbitrators must neither be nationals of a State party to the dispute, nor have their domicile in the States parties to the dispute, nor be employed in their service.
  4. If arbitration is to be entrusted to governments, or to administrations thereof, these must be chosen from among the Members which are not involved in the dispute, but which are parties to the agreement, the application of which caused the dispute.
  5. Within three months from the date of receipt of the notification of the submission of the dispute to arbitration, each of the two parties to the dispute shall appoint an arbitrator.
  6. If more than two parties are involved in the dispute, an arbitrator shall be appointed in accordance with the procedure set forth in Nos. 510 and 511 above, by each of the two groups of parties having a common position in the dispute.
  7. The two arbitrators thus appointed shall choose a third arbitrator who, if the first two arbitrators are individuals and not governments or administrations, must fulfil the conditions indicated in No. 509 above, and in addition must not be of the same nationality as either of the other two arbitrators. Failing an agreement between the two arbitrators as to the choice of a third arbitrator, each of these two arbitrators shall nominate a third arbitrator who is in no way concerned in the dispute. The Secretary-General shall then draw lots in order to select the third arbitrator.
  8. The parties to the dispute may agree to have their dispute settled by a single arbitrator appointed by agreement; or alternatively, each party may nominate an arbitrator, and request the Secretary-General to draw lots to decide which of the persons so nominated is to act as the single arbitrator.
  9. The arbitrator or arbitrators shall be free to decide upon the venue and the rules of procedure to be applied to the arbitration.
  10. The decision of the single arbitrator shall be final and binding upon the parties to the dispute. If the arbitration is entrusted to more than one arbitrator, the decision made by the majority vote of the arbitrators shall be final and binding upon the parties.
  11. Each party shall bear the expense it has incurred in the investigation and presentation of the arbitration. The costs of arbitration other than those incurred by the parties themselves shall be divided equally between the parties to the dispute.
  12. The Union shall furnish all information relating to the dispute which the arbitrator or arbitrators may need. If the parties to the dispute so agree, the decision of the arbitrator or arbitrators shall be communicated to the Secretary-General for future reference purposes.

 

 

 

ARTICLE  42

Provisions for Amending this Convention

  1. Any Member of the Union may propose any amendment to this Convention. Any such proposal shall, in order to ensure its timely transmission to, and consideration by, all the Members of the Union, reach the Secretary-General not later than eight months prior to the opening date fixed for the Plenipotentiary Conference. The Secretary-General shall, as soon as possible, but not later than six months prior to the latter date, forward any such proposal to all the Members of the Union.
  2. Any proposed modification to any amendment submitted in accordance with No. 519 above may, however, be submitted at any time by a Member of the Union or by its delegation at the Plenipotentiary Conference.
  3. The quorum required at any Plenary Meeting of the Plenipotentiary Conference for consideration of any proposal for amending this Convention or modification thereto shall consist of more than one half of the delegations accredited to the Plenipotentiary Conference.
  4. To be adopted, any proposed modification to a proposed amendment as well as the proposal as a whole, whether or not modified, shall be approved, at a Plenary Meeting, by more than half of the delegations accredited to the Plenipotentiary Conference which have the right to vote.
  5. Unless specified otherwise in the preceding paragraphs of the present Article, which shall prevail, the general provisions regarding conferences and the Rules of Procedures of conferences and other meetings as contained in this Convention shall apply.
  6. Any amendments to this Convention adopted by a Plenipotentiary Conference shall, as a whole and in the form of one single amending instrument, enter into force at a date fixed by the Conference between Members having deposited before that date their instrument of ratification, acceptance or approval of, or accession to, both this Convention and the amending instrument. Ratification, acceptance or approval of, or accession to, only a part of such an amending instrument shall be excluded.

 

  1. Notwithstanding No. 524 above, the Plenipotentiary Conference may decide that an amendment to this Convention is necessary for the proper implementation of an amendment to the Constitution. In that case, the amendment to this Convention shall not enter into force prior to the entry into force of the amendment to the Constitution.
  2. The Secretary-General shall notify all Members of the deposit of each instrument of ratification, acceptance, approval or accession.
  3. After entry into force of any such amending instrument, ratification, acceptance, approval or accession in accordance with Articles 52 and 53 of the Constitution shall apply to this Convention as amended.
  4. After the entry into force of any such amending instrument, the Secretary-General shall register it with the Secretariat of the United Nations, in accordance with the provisions of Article 102 of the Charter of the United Nations. No. 241 of the Constitution shall also apply to any such amending instrument.

ANNEX

Definition of Certain Terms Used in this Convention and the Administrative Regulations of the International Telecommunication Union

 

For the purpose of the above instruments of the Union, the following terms shall have the meanings defined below:

 

Expert: A person sent by either:

  1. the Government or the administration of his country, or
  2. an entity or an organization authorized in accordance with Article 19 of this Convention, or
  3. an international organization

to participate in tasks of the Union relevant to his area of professional competence.

 

      Observer: A person sent by:

  • the United Nations, a specialized agency of the United Nations, the International Atomic Energy Agency, a regional telecommunication organization, or an intergovernmental organization operating satellite systems, to participate, in an advisory capacity, in a Plenipotentiary Conference, a conference or a meeting of a Sector,
  • an international organization to participate, in an advisory capacity, in a conference or a meeting of a Sector, or
  • the government of a Member of the Union to participate in a non-voting capacity in a regional conference, in accordance with the relevant provisions of this Convention.

 

Mobile Service: A radiocommunication service between mobile and land stations, or between mobile stations.

Scientific or Industrial Organization: Any organization, other than a governmental establishment or agency, which is engaged in the study of tele communication problems or in the design or manufacture of equipment intended for telecommunication services.

 

Radiocommunication: Telecommunication by means of radio waves.

Note 1: Radio waves are electromagnetic waves of frequencies arbitrarily lower than 3000 GHz, propagated in space without artificial guide.

Note 2: For the requirements of Nos. 149 to 154 of this Convention, the term “radiocommunication” also includes telecommunications using electromagnetic waves of frequencies above 3000 GHz, propagated in space without artificial guide.

 

Service Telecommunication:  A telecommunication that relates  to public international telecommunications and that is exchanged among the following:

  • administrations,
  • recognized operating agencies, and
  • the Chairman of the Council, the Secretary-General, the Deputy Secretary-General, the Directors of the Bureaux, the members of the Radio Regulations Board, and other representatives or authorized officials of the Union, including those working on official matters outside the

OPTIONAL PROTOCOL

On the Compulsory Settlement of Disputes Relating to the

Constitution of the International Telecommunication Union,

to the Convention of the International Telecommunication Union

and to the Administrative Regulations

 

 

At the time of signing the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union (Geneva, 1992), the undersigned Plenipotentiaries have signed the present Optional Protocol on the Compulsory Settlement of Disputes.

The Members of the Union, parties to this Optional Protocol, expressing the desire to resort to compulsory arbitration, so far as they are concerned, for the settlement of any disputes concerning the interpretation or application of the Constitution, the Convention or of the Administrative Regulations mentioned in Article 4 of the Constitution, have agreed upon the following provisions:

Came into force on 1 July 1994, for the following Parties, which had ratified, accepted, approved or acceded to it, in accordance with article 3:

 

Date of deposit

Participant

of the instrument

of ratification or accession (a)

Denmark  ……………………………………………….

18

June

1993

Canada  …………………………………………………

21

June

1993

Mexico  …………………………………………………

27

September

1993

Mauritius  ……………………………………………….

6 December

1993a

Belize  ………………………………………………….

7

December

1993a

Lao People’s Democratic Republic  ………………………….

24

January

1994a

Oman  ………………………………………………….

18

May

1994

Belarus  …………………………………………………

15

June

1994

United Kingdom of Great Britain and Northern Ireland  …………..

27

June

1994

South Africa  …………………………………………….

30

June

1994a

 

ARTICLE 1

Unless one of the methods of settlement listed in Article 56 of the Constitution has been chosen by common agreement, disputes concerning the interpretation or application of the Constitution, the Convention or the Administrative Regulations mentioned in Article 4 of the Constitution shall, at the request of one of the parties to the dispute, be submitted for compulsory arbitration. The procedure to be followed is laid down in Article 41 of the Convention, paragraph 5 (No. 511) of which shall be amplified as follows:

“5. Within three months from the date of receipt of the notification of the submission of the dispute to arbitration, each of the two parties to the dispute shall appoint an arbitrator. If one of the parties has not appointed an arbitrator within this time-limit, this appointment shall be made, at the request of the other party, by the Secretary-General who shall act in accordance with Nos. 509 and 510 of the Convention.”

ARTICLE 2

This Protocol shall be open to signature by Members at the same time as they sign the Constitution and the Convention. It shall be ratified, accepted or approved by any Signatory Member in accordance with its constitutional rules. It may be acceded to by any Members parties to the Constitution and the Convention and by any States which become Members of the Union. The instrument of ratification, acceptance, approval or accession shall be deposited with the Secretary-General.

ARTICLE 3

This Protocol shall come into force for the Parties hereto, who have ratified, accepted, approved or acceded to it, on the same date as the Constitution and the Convention, provided that at least two instruments of ratification, acceptance, approval or accession in its respect have been deposited on that date. Otherwise, it shall come into force on the thirtieth day after the date on which the second instrument of ratification, acceptance, approval or accession is deposited.

ARTICLE 4

This Protocol may be amended by the Parties hereto during a Plenipotentiary Conference of the Union.

ARTICLE 5

Each Member party to this Protocol may denounce it by a notification addressed to the Secretary-General, such denunciation taking effect at the expiration of a period of one year from the date of receipt of its notification by the Secretary-General.

ARTICLE 6

The Secretary-General shall notify all Members:

  1. of the signatures appended to this Protocol and of the deposit of each instrument of ratification, acceptance, approval or accession;
  2. of the date on which this Protocol shall have come into force;
  3. of the date of entry into force of any amendment;
  4. of the effective date of any denunciation.

 

IN WITNESS WHEREOF, the respective Plenipotentiaries have signed this Protocol in each of the Arabic, Chinese, English, French, Russian and Spanish languages, in a single copy within which, in case of discrepancy, the French text shall prevail, and which shall remain deposited in the archives of the International Telecommunication Union, which shall forward a copy to each of the signatory countries.

Done at Geneva, 22 December 1992

Minimum Age Convention, 1973  (No. 138)

Adopted on 26 June 1973 by the General Conference of the International Labour Organization at its Fifty-Eighth Session

 

Entry into force: 19 June 1976, in accordance with Article 12.

 

General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its fifty-eighth session on 6 June 1973, and having decided upon the adoption of certain proposals with regard to minimum age for admission to employment, which is the fourth item on the agenda of the session, and  noting the terms of the Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age (Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age (Underground Work) Convention, 1965, and

Considering that the time has come to establish a general instrument on the subject, which would gradually replace the existing ones applicable to limited economic sectors, with a view to achieving the total abolition of child labour, and having determined that these proposals shall take the form of an international Convention, adopts this twenty-sixth day of June of the year one thousand nine hundred and seventy-three the following Convention, which may be cited as the Minimum Age Convention, 1973:

Article 1

Each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.

Article 2

  1. Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation.
  2. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified.
  3. The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.
  4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose economy and educational facilities are insufficiently developed may, after consultation with the organizations of employers and workers concerned, where such exist, initially specify a minimum age of 14 years. 2
  5. Each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its reports on the application of this Convention submitted under article 22 of the constitution of the International Labour Organization a statement:
  • That its reason for doing so subsists; or
  • That it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3

  1. The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years.
  2. The types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist.
  3. Notwithstanding the provisions of paragraph 1 of this Article, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity.