Rules of Procedure of the Meeting of States Parties to the Convention on the Protection of the Underwater Cultural Heritage
Rules of Procedure of the Meeting of States Parties to the Convention on the Protection of the Underwater Cultural Heritage
Adopted by the Meeting of States Parties to the 2001 Convention at its first meeting (Paris, 26/27 March 2009) and amended at its seventh meeting (Paris, 20/21 June 2019) and at its ninth meeting (Paris, 13/14 June 2023).
CHAPTER I 鈥 FUNCTIONS OF THE MEETING
Rule 1 鈥 Functions of the Meeting
In accordance with Article 23.2 of the Convention on the Protection of the Underwater Cultural Heritage adopted by the General Conference on 2 November 2001 (hereinafter referred to as 鈥渢he Convention鈥), the Meeting of States Parties (hereinafter referred to as 鈥渢he Meeting鈥) shall have the following functions:
(a) to elaborate, discuss and approve the Operational Guidelines for the Convention;
(b) to elect members to the Scientific and Technical Advisory Body (hereinafter referred to as 鈥渢he Advisory Body鈥), nominated by States Parties;
(c) to adopt and amend the statutes of the Advisory Body;
(d) to receive and examine reports by the States Parties to the Convention, as well as their requests for advice;
(e) to examine reports submitted to it by the Advisory Body;
(f) to examine, discuss and decide on recommendations submitted to it by the Advisory Body;
(g) to seek means for raising funds and to take the necessary measures to this end;
(h) to take all other measures it considers necessary to further the objectives of the Convention.
CHAPTER II 鈥 PARTICIPATION聽
Rule 2 鈥 States Parties to the Convention
2.1 The representatives of all States Parties to the Convention may participate, with the right to vote, in the work of the Meeting.
2.2 States Parties are encouraged to include specialists in underwater cultural heritage, recognized at national or international level, in their delegations to the Meeting of States Parties.
Rule 3 鈥 Observers
3.1 The representatives of Member States of UNESCO not parties to the Convention and of permanent observer missions to UNESCO may participate in the work of the Meeting as observers, without the right to vote and subject to Rule 16.3.
3.2 Representatives of the United Nations and organizations of the United Nations system and other intergovernmental organizations, that have concluded mutual representation agreements with UNESCO, may participate in the work of the Meeting as observers, without the right to vote and subject to Rule 16.3.
3.3 Representatives of other intergovernmental and international non-governmental organizations, as well as other representatives or observers, invited by the Director-General, may participate in the work of the Meeting, without the right to vote and subject to Rule 16.3.
CHAPTER III 鈥 ORGANIZATIONOF THE MEETING聽
Rule 4 鈥 Ordinary and Extraordinary Sessions
4.1 The Meeting shall meet every two years in ordinary session in accordance with Article 23.1 of the Convention.
4.2 The Meeting shall meet in extraordinary session at the request of a majority of States Parties in accordance with Article 23.1 of the Convention.
Rule 5 鈥 Date and Place
5.1 The Director-General shall determine the date of the ordinary session, in consultation with the Bureau of the Meeting. The Director-General shall communicate such date to all States Parties and observers.
5.2 Unless the date has been decided by the Meeting, the Director-General shall determine the date of the extraordinary session. The Director-General shall communicate such date to all States Parties and observers.
5.3 Ordinary and extraordinary sessions shall be held at the Headquarters of UNESCO, unless the Meeting decides to meet elsewhere.
Rule 6 鈥 Online sessions
6.1 The Meeting may hold online sessions only during periods of emergency or in exceptional circumstances rendering in praesentia meetings impracticable.
6.2 At an ordinary or extraordinary session, the Meeting may decide to hold an online session by a simple majority of States Parties present and voting.
6.3 Should at least one third of the States Parties propose the holding of an online session while the Meeting is not in session, the Director-General shall consult all the States Parties by correspondence. The Meeting shall hold an online session, unless one third of the States Parties disagrees to the proposal.
6.4 Elections by secret ballot held pursuant to the present Rules in the course of an online session shall be conducted in praesentia. The Secretariat shall make the necessary arrangements therefore, including the place and time of the election, which shall be notified to States Parties in advance of the ballot. Other voting held pursuant to the present Rules shall preferably be conducted in praesentia.
Rule 7 鈥 Provisional Agenda
7.1 The provisional agenda of the session shall be prepared by the Director-General, in consultation with the Bureau.
7.2 The provisional agenda of an ordinary session shall include:
(a) Any question required by the Convention and the present Rules of Procedure;
(b) Any question the inclusion of which has been decided by the Meeting at a previous session;
(c) Any question referred by the Subsidiary Bodies;
(d) Any question referred by the Advisory Body;
(e) Any question proposed by the States Parties to the Convention;
(f) Any question proposed by the Director-General.
7.3 The provisional agenda for an extraordinary session shall only include those questions for which the session has been convened.
7.4 The Secretariat shall circulate to the States Parties and observers the provisional agenda at least sixty days before the opening of an ordinary session of the Meeting and as soon as possible in the case of an extraordinary session.
Rule 8 鈥 Adoption of the Agenda
The Meeting shall adopt its agenda at the beginning of each session.
Rule 9 鈥揂mendments, deletions, and new items
The Meeting may amend, delete or add new items to the agenda so adopted if so decided by a two-thirds majority of the States Parties present and voting.
CHAPTER IV 鈥 BUREAU
Rule 10 鈥 Bureau
10.1 The Bureau shall consist of the Chairperson, the Vice-Chairperson(s)and the Rapporteur.
10.2 The Bureau shall coordinate the work of the Meeting and fix the order of business of the session. It shall also assist the Chairperson in carrying out her or his functions.
10.3 The Bureau, convened at the request of its Chairperson, shall meet as frequently as deemed necessary. The Bureau may, if the Chairperson deems it appropriate, be consulted by correspondence.
Rule 11 鈥 Election of the Members of the Bureau
11.1 The Meeting shall elect the Chairperson, up to four Vice-Chairpersons and the Rapporteur at the opening of each ordinary session in conformity with the principle of equitable geographical representation.
11.2 The term of office of the Chairperson, the Vice-Chairperson(s) and the Rapporteur will run from the opening of the ordinary session of the Meeting in which they are elected until a new Bureau is elected at the next ordinary session.
11.3 The Chairperson, the Vice-Chairperson(s) and the Rapporteur shall not be eligible for immediate re-election after completing two consecutive terms.
Rule 12 鈥 Powers and duties of the Chairperson
12.1 In addition to exercising the powers and duties which are conferred upon her or him elsewhere by the present Rules of Procedure, the Chairperson shall open and close each plenary meeting of the Meeting. She or he shall direct the discussions, ensure observance of the present Rules of Procedure, accord the right to speak, put questions to the vote and announce decisions. She or he shall rule on points of order and, subject to the present Rules of Procedure, shall control the proceedings and the maintenance of order. She or he shall not vote, but she or he may instruct another member of her or his delegation to vote in her or his place.
12.2 Should the Chairperson be absent during a meeting, or part thereof, her or his powers and duties shall be exercised by one of the Vice-Chairpersons, selected according to the French alphabetical order of the States members of the Bureau commencing with the country of the Chairperson. A Vice-Chairperson acting as Chairperson shall have the same powers and duties as the Chairperson.
CHAPTER V 鈥 CONDUCTOF BUSINESS聽
Rule 13 鈥 Quorum
13.1 A quorum shall consist of a majority of the States Parties referred to in Rule 2 and represented at the Meeting.
13.2 At meetings of subsidiary bodies, a quorum shall consist of a majority of the States Parties, which are members of the bodies concerned.
13.3 Neither the Meeting nor its subsidiary bodies shall decide on any matter unless a quorum is present.
Rule 14 鈥 Public nature of meetings
14.1 Meetings shall be held in public unless decided otherwise by the Meeting.
14.2 Any decision taken by the Meeting at a private meeting shall be announced at a subsequent public meeting.
Rule 15 鈥 Subsidiary bodies
15.1 The Meeting may establish such subsidiary bodies, including working groups, as it deems necessary for the performance of its functions.
15.2 The Meeting shall define the composition and the terms of reference (including mandate and duration of office)at the time of their establishment.
15.3 Each subsidiary body shall elect its Chairperson.
15.4 In appointing members of subsidiary bodies, due regard shall be given to principle of equitable geographical representation.
Rule 16 鈥 Order and time-limit of speeches
16.1 The Chairperson shall call upon speakers in the order in which they signify their wish to speak.
16.2 For the convenience of the discussion, the Chairperson may limit the time to be allowed to each speaker.
16.3 The consent of the Chairperson must be obtained whenever an observer wishes to address the Meeting.
Rule 17 鈥 Draft resolutions and amendments
17.1 Draft resolutions and amendments may be proposed by the States Parties referred to in Rule 2 and shall be transmitted in writing to the Secretariat of the Meeting, which shall circulate copies to all participants.
17.2 As a general rule, no draft resolution or amendment shall be discussed or put to the vote unless it has been circulated reasonably in advance to all participants at least in the working languages of the Secretariat.
17.3 At the end of each session, the Meeting shall adopt the list of resolutions that shall be published and distributed to the States Parties within one month of the closure of the session and in the official languages.
Rule 18 鈥 Points of order
18.1 During the discussion of any matter, a State Party may rise to a point of order; and the point of order shall be immediately ruled upon by the Chairperson.
18.2A State Party may appeal against the ruling of the Chairperson. The appeal shall be put to the vote immediately, and the Chairperson鈥檚 ruling shall stand, unless overruled by a majority of the States Parties present and voting.
Rule 19 鈥 Procedural motions
During the discussion of any matter, a State Party may propose a procedural motion: suspension or adjournment of the meeting, adjournment of the debate or closure of the debate.
Rule 20 鈥 Suspension or adjournment of the meeting
During the discussion of any matter, a State Party may move the suspension or the adjournment of the meeting. Such motions shall not be debated but shall be immediately put to the vote.
Rule 21 鈥 Adjournment of the debate
During the discussion of any matter, a State Party may move the adjournment of the debate on the item under discussion. On moving the adjournment, the State Party shall indicate whether it moves the adjournment sine die or to a particular time which it shall specify. In addition to the proposer of the motion, one speaker may speak in favour of, and one against, the motion, after which the motion shall be immediately put to the vote. The Chairperson may limit the time to be allowed to speakers under this rule.
Rule 22 鈥 Closure of the debate
During the discussion of any matter, a State Party may move the closure of the debate on the item under discussion, whether or not any other speaker has signified her or his wish to take part in the discussion. If application is made for permission to speak against the closure, it may be accorded to not more than two speakers, after which the motion shall be immediately put to the vote. If the Meeting is in favour of the closure, the Chairperson shall declare the closure of the debate. The Chairperson may limit the time to be allowed to speakers under this rule.
Rule 23 鈥 Order of procedural motions
Subject to Rule 18.1, the following motions shall have precedence in the following order over all other proposals or motions before the meeting:
(a) to suspend the meeting;
(b) to adjourn the meeting;
(c) to adjourn the debate on the item under discussion;
(d) for the closure of the debate on the item under discussion.
CHAPTER VI 鈥 WORKING LANGUAGES聽
Rule 24 鈥 Working languages
24.1 The official languages of the Meeting shall be Arabic, Chinese, English, French, Russian and Spanish.
24.2 Speeches made at the Meeting in one of the official languages shall be interpreted into the other languages.
24.3 Speakers may, however, speak in any other language, provided that they make their own arrangements for interpretation of their speeches into one of the official languages.
24.4 The documents of the Meeting shall be issued in the six official languages.
Rule 25 鈥 Deadline for the distribution of documents
The documents relating to the items on the provisional agenda of each session of the Meeting shall be distributed, either in paper format or electronically, at the latest thirty days before the opening of the ordinary session, and as soon as possible in the case of an extraordinary session, to all States Parties and observers.
Rule 26 鈥 Summary records
The Secretariat shall prepare summary records of all statements made during the plenary meetings of the Meeting in English and French for approval at the opening of the next session.
CHAPTER VII 鈥 VOTING聽
Rule 27 鈥 Voting rights
Each State Party shall have one vote in the Meeting.
Rule 28 鈥 Consensus
Every effort should be made to adopt decisions in the Meeting by consensus. If consensus cannot be reached, decisions shall be adopted by vote.
Rule 29 鈥 Conduct during voting
After the Chairperson has announced the beginning of voting, no one shall interrupt the voting except on a point of order in connection with the actual conduct of the voting.
Rule 30 鈥 Simple majority
When the Meeting resorts to voting and unless otherwise provided in the present Rules of Procedure, decisions shall be taken by a simple majority of the States Parties present and voting.
Rule 31 鈥 Voting by show of hands and roll-call
31.1 Except as otherwise provided for in the present Rules of Procedure, voting shall normally be carried out by show of hands unless a secret ballot is requested by one State Party and seconded by two others.
31.2 When the result of a vote by show of hands is in doubt, the Chairperson may take a second vote by roll-call. Vote by roll-call shall also be taken if it is requested by not less than two States Parties. The request shall be made to the Chairperson before voting takes place or immediately after the vote by show of hands.31.3 When a vote is taken by roll-call, the vote of each State Party participating shall be inserted in the summary records.
Rule 32 鈥 Order of voting on proposals
32.1 If two or more proposals, other than amendments, relate to the same question, they shall, unless the Meeting decides otherwise, be voted on in the order in which they were submitted. The Meeting may, after each vote on a proposal, decide whether to vote on the next proposal.
32.2 A motion requiring that no decision be taken on a proposal shall have priority over that proposal.
Rule 33 鈥 Voting on amendments
33.1 When an amendment to a proposal is moved, the amendment shall be voted on first. When two or more amendments to a proposal are moved, the Chairperson shall put them to the vote, starting with the amendment deemed by her or him to be the furthest removed in substance from the original proposal, and so on. In case of doubt, the Chairperson shall consult the Meeting.
33.2 If one or more amendments are adopted, the amended proposal shall then be put to the vote.
33.3 A motion is considered an amendment to a proposal if it merely adds to, deletes from or revises part of that proposal.
Rule 34 鈥 Meaning of the expression 鈥淪tates Parties present and voting鈥
For the purpose of the present Rules of Procedure, the expression 鈥淪tates Parties present and voting鈥 means States Parties casting an affirmative or negative vote. States Parties who abstain from voting are considered as not voting.
CHAPTER VIII 鈥 ELECTION AND TERM OF OFFICE OF THE SCIENTIFIC AND TECHNICAL ADVISORY BODY聽
Rule 35 鈥 Establishment of a Scientific and Technical Advisory Body
If the Meeting decides, in conformity with Article 23.4 of the Convention, to establish a Scientific and Technical Advisory Body, a State Party may nominate an expert for election to represent it therein.
Rule 36 鈥 Geographical distribution and professional background of the experts
36.1 The election of members of the Advisory Body shall be conducted with due regard to the principle of equitable geographical distribution and the desirability of a gender balance as well as a balance of domains of expertise. Experts shall have a scientific, professional and ethical background at the national and/or international level adequate to the task, in conformity with the objective and purpose of the Convention.
36.2 The Advisory Body shall be composed of 14 members. The Meeting may increase this number to up to twenty-four depending on the number of States Parties.
Rule 37 鈥 Term of Office of the Members of the Advisory Body
37.1 The members of the Advisory Body shall be elected for a term of office of four years starting at the end of the session of the Meeting, in which they are elected, and ending at the end of the second consecutive ordinary session. Nevertheless, the term of office of half of the members elected at the first election shall be limited to two years. Those members will be chosen by lot at the time of the first election. Every two years, the Meeting shall renew part of the membership of the Advisory Body with due regard to the principle of equitable geographical distribution, rotation and the desirability of a gender balance.
37.2 Priority shall be given in the election to the practical and professional experience of the candidate, taking due account of the principle of equitable geographical distribution.
37.3 The members of the Advisory Body shall be eligible for immediate re-election only for a second term of office.
37.4 Attendance of members at Advisory Body meetings is required. Upon notification from the Advisory Body, the Meeting may replace a member of the body that has been absent for two consecutive meetings.
Rule 38 鈥 Presentation of Candidatures to the Advisory Body
38.1 The Secretariat shall ask the States Parties, as a general rule, six months prior to the opening of the Meeting, whether they intend to nominate a candidate for the election of the members of the Advisory Body. If so, the candidature accompanied by the curriculum vitae of the candidate as well as his/her scientific, professional and ethical background at the national and/or international level in English or French language shall be sent to the Secretariat at least three weeks prior to the opening of the Meeting.
38.2 At least two weeks prior to the opening of the Meeting, the Secretariat shall send to all States Parties the provisional list of candidates and the background information, as received, indicating the State, which proposes them.
38.3 The final list of candidatures is to be established 7 days before the opening of the meeting. No candidatures will be accepted within 7 days prior to the opening of the meeting.
Rule 39 鈥 Election of Members of the Advisory Body
39.1 The election of members of the Advisory Body shall be conducted by secret ballot, except that, where the number of candidates within geographical distribution is the same as or less than the number of seat to be filled, the candidates shall be declared elected without the need to hold a ballot.
39.2 Before the election begins, the Chairperson shall appoint two tellers from among the States Parties present; he/she shall hand to them the list of candidates. He/she shall announce the number of seats to be filled.
39.3 The Secretariat shall prepare for each State Party an envelope without any distinguishing mark and separate ballot papers, one for each of the electoral groups. The ballot paper for each electoral group shall bear the names of all candidates for election in that electoral group.
39.4 Each State Party shall cast its vote by circling the candidates for which it votes.
39.5 The tellers shall collect from each State Party their ballot papers and shall proceed to count the votes, under the supervision of the Chairperson.
39.6 The absence of any ballot paper in the envelope shall be considered an abstention.
39.7 Ballot papers on which more candidates have been circled than there are seats to be filled and those which bear no indication of the voter鈥檚 intention shall be considered invalid.
39.8 The counting of the votes for each electoral group shall take place separately. The tellers shall open the envelopes, one by one, and shall sort the ballot papers into electoral groups. The votes cast for the candidates shall be entered on lists prepared for that purpose.
39.9 The Chairperson shall declare elected those candidates who obtain the greatest number of votes up to the number of seats to be filled. If two or more candidates obtain the same number of votes, and, as a result, there are still more candidates than seats to be filled, there shall be a second secret ballot restricted to those candidates who obtained the same number of votes. If in the second ballot two or more candidates obtain the same number of votes, the Chairperson shall draw lots to determine which candidate has won.
39.10 When the counting of the votes is completed, the Chairperson shall announce the results of the ballot separately for each of the electoral groups.
Rule 40 鈥 Meeting of the Advisory Body
40.1 The Director-General shall convene a session of the Advisory Body once a year. In exceptional circumstances, he/she may convene an extraordinary session if funds are available.
40.2 The Director-General shall establish the agenda for the sessions of the Advisory Body after consultation with the Bureau of the Meeting and the Chairperson of the Advisory Body.
CHAPTER IX 鈥 SECRETARIAT OF THE MEETING
Rule 41 鈥 Secretariat
41.1 The Director-General of UNESCO or her or his representative shall participate in the work of the Meeting, its subsidiary bodies and the Bureau without the right to vote. She or he may, at any time, make either oral or written statements to the Meeting on any question under discussion.
41.2 The Director-General of UNESCO shall appoint an official of the Secretariat of UNESCO to act as Secretary to the Meeting, as well as other officials who shall together constitute the Secretariat of the Meeting.
41.3 The Secretariat shall receive, translate and distribute, into the six official languages and at least thirty days before the opening of the session of the Meeting, all official documents. It shall arrange for the interpretation of the discussions and also perform all other duties necessary for the proper conduct of the work of the Meeting.
41.4 The Secretariat shall also perform all other duties necessary for the proper conduct of the work of the Meeting.
CHAPTER X 鈥 AMENDMENTTO AND SUSPENSION OF THE RULES OF PROCEDURE
Rule 42 鈥 Amendment
The Meeting may amend the present Rules of Procedure by a decision taken by a two-thirds majority of the States Parties present and voting, except when they reproduce provisions of the Convention.
Rule 43 鈥 Suspension
The Meeting may suspend the application of any of the present Rules of Procedure, except when they reproduce provisions of the Convention, by a decision taken by a two-thirds majority of the States Parties present and voting.
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