Rules of Procedure of the Committee of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean
Rules of Procedure of the Committee of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean
Adopted by the Committee of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean at its first ordinary session (Colonia del Sacramento, Uruguay, 13 - 14 April 2023).
I. FUNCTIONS OF THE CONVENTION COMMITTEE
Rule 1 鈥 Functions
In accordance with Article IV.1 of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean (2019) (hereinafter referred to as the 鈥淐onvention鈥), the Committee of the Convention (hereinafter referred to as the 鈥淐onvention Committee鈥) shall have the following functions:
a) to promote the Convention and oversees its implementation;
b) to receive and examine the periodic reports which the States Parties shall communicate to it, every two years, on the progress made and the obstacles encountered by them in the implementation of the Convention;
c) to receive and examine the studies carried out by its Secretariat on the Convention;
d) to address to the States Parties recommendations, of a general or individual nature through subsequent subsidiary texts to facilitate recognition;
e) to maintain links to the other UNESCO regional committees for the implementation of conventions on the recognition of studies, diplomas and degrees in higher education adopted under the auspices of UNESCO;
f) to adopt amendments to the Convention in accordance with the procedure set out for this purpose in the Convention.
II. PARTICIPATION
Rule 2 鈥 States Parties to the Convention
The representatives of all States Parties to the Convention may participate, with the right to vote, in the work of the Convention Committee.
Rule 3 鈥 Observers
3.1 The representatives of UNESCO Member States of the Latin America and Caribbean Region as defined in the 鈥淒efinition of regions with a view to the execution by the Organization of regional activities鈥 adopted by the General Conference of UNESCO, and if they are not States Parties to the Convention, may participate in the work of the Convention Committee as observers, without the right to vote and subject to Rule 16.3.
3.2 The representatives of UNESCO Member States belonging to other regions of the world and of the Holy See, and if they are not States Parties to the Convention, as well as representatives of UNESCO Associate Members, may participate in the work of the Convention Committee as observers, without the right to vote and subject to Rule 16.3.
3.3 Representatives of the United Nations and organizations of the United Nations system may participate in the work of the Convention Committee as observers, without the right to vote and subject to Rule 16.3.
3.4 Representatives of governmental and non-governmental organizations active in the field of academic recognition, invited by the Director-General, may participate in the work of the Convention Committee as observers, without the right to vote and subject to Rule 16.3.
III. ORGANIZATION OF THE CONVENTION COMMITTEE
Rule 4 鈥 Ordinary and Extraordinary sessions
4.1 The Convention Committee shall meet in ordinary session at least once every two years in accordance with Article IV.1, paragraph 5 of the Convention.
4.2 The Convention Committee shall meet in extraordinary sessions if it so decides or at the request of at least one-third of the States Parties to the Convention.
Rule 5 - Date and Place
5.1 The Convention Committee shall determine at each session, in consultation with the Director-General, the date and place of the next session. The Bureau may, if necessary, modify the date and/or place, in consultation with the Director-General. The Director-General shall communicate such date and/or place to all States Parties and observers.
5.2 Unless the date has been decided by the Convention Committee, the Director-General shall determine the date of the extraordinary session. The Director-General shall communicate such date to all State Parties and observers.
5.3 Any State Party may invite the Convention Committee to hold an ordinary session in its territory.
Rule 6 鈥 Online sessions
6.1 The Convention Committee 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 Convention Committee may decide to hold an online session by a two-thirds 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 Convention Committee is not in session, the Director-General shall consult all the States Parties by correspondence. The Convention Committee shall hold an online session, unless one third of the States Parties to the Convention disagrees to the proposal.
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 Convention Committee at a previous session;
c) Any question proposed by the States Parties to the Convention;
d) Any question proposed by the Director-General.
7.3 The provisional agenda of 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 six weeks days before the opening of an ordinary session of the Convention Committee and as soon as possible in the case of an extraordinary session.
Rule 8 鈥 Adoption of the agenda
The Convention Committee shall adopt its agenda at the beginning of each session.
Rule 9 鈥 Amendments, deletions and new items
The Convention Committee 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.
IV. BUREAU
Rule 10 鈥 Bureau
10.1 The Bureau shall consist of a President, up to two Vice-President(s) and a Rapporteur.
10.2 The Bureau shall coordinate the work of the Convention Committee and fix the order of business of the session. It shall also assist the President in carrying out his/her functions.
10.3 The Bureau, convened at the request of its President, shall meet at least twice a year. The Bureau may, if the President deems it appropriate, be consulted by correspondence.
Rule 11 鈥 Election of officers
11.1 The Convention Committee shall elect the President, up to two Vice-Presidents and the Rapporteur at the end of each ordinary session.
11.2 The term of office of the President, the Vice-President(s) and the Rapporteur will run from the end of the ordinary session of the Convention Committee in which they are elected until a new Bureau is elected at the end of the next ordinary session.
11.3 The President, the Vice-President(s) and the Rapporteur shall be eligible for immediate re-election.
11.4 On transitory basis, the President, the Vice-President(s) and the Rapporteur of the first ordinary session shall be elected at the beginning of the session and their term of office will run until the end of the same session.
Rule 12 鈥 Powers and duties of the President
12.1 In addition to exercising the powers and duties which are conferred upon him/her elsewhere by the present Rules of Procedure, the President shall open and close each plenary meeting of the Convention Committee. He/She 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. He/She shall rule on points of order and, subject to the present Rules of Procedure, shall control the proceedings and the maintenance of order. He/She shall not vote, but he/she may instruct another member of his/her delegation to vote in his or her place.
12.2 Should the President be absent during a meeting, or part thereof, his/her powers and duties shall be exercised by one of the two Vice Presidents, selected according to the English alphabetical order of the Members of the Bureau commencing with the country of the President. A Vice-President acting as President shall have the same powers and duties as the President.
V. CONDUCT OF BUSINESS
Rule 13 鈥 Quorum
13.1 A quorum shall consist of a majority of the States Parties to the Convention referred to in Rule 2 and represented at the Convention Committee.
13.2 The Convention Committee shall not decide on any matter unless a constituted quorum is present.
Rule 14 鈥 Public nature of meetings
14.1 Meetings shall be held in public, unless decided otherwise by the Convention Committee.
14.2 Any decision taken by the Convention Committee at a private meeting shall be announced at a subsequent public meeting.
Rule 15 鈥 Subsidiary bodies
15.1 The Convention Committee shall establish any subsidiary body as necessary for the accomplishment of its tasks, by defining their composition, powers and mandate.
15.2 The present Rules of Procedure shall apply mutatis mutandis to the subsidiary bodies, if applicable.
Rule 16 鈥 Order and time-limit of speeches
16.1 The President shall call upon speakers in the order in which they signify their wish to speak.
16.2 The President may limit the time to be allowed to each speaker when circumstances make this desirable.
16.3 The consent of the President must be obtained whenever an observer wishes to address the Convention Committee.
Rule 17 鈥 Draft resolutions and amendments
17.1 Draft resolutions and amendments may be proposed by the States Parties and shall be transmitted in writing to the Secretariat, which shall circulate them 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.
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 by the President.
18.2 A State Party may appeal against the ruling of the President. The appeal shall be put to the vote immediately, and the President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 President 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 his/her 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 Convention Committee is in favor of the closure, the President shall declare the closure of the debate. The President may limit the time to be allowed to speakers under this rule.
Rule 23 鈥 Order of procedural motion
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.
VI. WORKING LANGUAGES
Rule 24 鈥 Working languages
24.1 The working languages of the Convention Committee are English and Spanish.
24.2 Speeches made at the Convention Committee in one of the working languages shall be interpreted into the other working language.
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 working languages.
24.4 The working documents of the Convention Committee shall be issued in all the working 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 Convention Committee 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. This Rule shall not apply to the first ordinary session.
Rule 26 鈥 Summary records
The Secretariat shall prepare summary records of all statements made during the plenary meetings of the Convention Committee in English and Spanish for approval at the opening of the next session.
VII. VOTING
Rule 27 鈥 Voting rights
Each State Party referred to in Rule 2 shall have one vote in the Convention Committee.
Rule 28 鈥 Consensus
Every effort shall be made to adopt decisions in the Convention Committee by consensus. If consensus cannot be reached, decisions shall be adopted by vote.
Rule 29 鈥 Conduct during voting
After the President 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 Convention Committee 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 be by show of hands, except as concerns elections, which shall normally be conducted by secret ballot if there is more than one candidate for each office.
31.2 When the result of a vote by show of hands is in doubt, the President 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 President 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 Convention Committee decides otherwise, be voted on in the order in which they were submitted. The Convention Committee 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 President shall put them to the vote, starting with the amendment deemed by him/her to be the furthest removed in substance from the original proposal, and so on. In case of doubt, the President shall consult the Convention Committee.
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.
VIII. SECRETARIAT OF THE CONVENTION COMMITTEE
Rule 35 鈥 Secretariat
35.1 The Secretariat of the Convention Committee shall be provided by the Director-General of UNESCO.
35.2 The Director-General of UNESCO or his/her representative shall participate, without the right to vote, in the work of the Convention Committee, of its Bureau and of the subsidiary bodies. The Secretariat may at any time make oral or written statements to the Convention Committee, to the Bureau or to any subsidiary body.
35.3 The Secretariat shall prepare the documentation of the Convention Committee and assist in the execution of the decisions of the Convention Committee.
35.4 The Director-General of UNESCO shall place at the disposal of the Convention Committee a member of the Secretariat who shall act as Secretary of the Convention Committee, together with the staff and other facilities necessary for the work of the Convention Committee.
35.5 The Secretary of the Convention Committee shall attend all meetings of the Convention Committee, of the Bureau and of the subsidiary bodies.
IX. ADOPTION, AMENDMENT AND SUSPENSION OF THE RULES OF PROCEDURE
Rule 36 鈥 Adoption
The Convention Committee shall adopt its Rules of Procedure by a decision taken by a simple majority of the States Parties present and voting.
Rule 37 鈥 Amendment
The Convention Committee may amend 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.
Rule 38 鈥 Suspension
A Rule of Procedure, except when they reproduce provisions of the Convention, may be suspended by a decision taken by a two-thirds majority of the States Parties present and voting.