PERMANENT COUNCIL OF THEOEA/Ser.G

ORGANIZATION OF AMERICAN STATESCP/CAJP-1947/02

1 May 2002

COMMITTEE OF JURIDICAL AND POLITICAL AFFAIRSOriginal: Spanish

COMPARATIVE TABLE FOR STUDY OF THE REFORM OF

THE RULES OF PROCEDURE OF THE PERMANENT COUNCIL

PERMANENT MISSION OF ECUADOR

to the

Organization of American States

No. 4-3-32/02

Washington, D.C., April 23, 2002

Excellency:

I am pleased to enclose with this letter a summary table containing the following: in the left hand column, the text of the current Rules of Procedure of the Permanent Council; in the middle column, the text of the proposed amendments to them; and, in the right-hand column, the source of these proposals and their consistency with the provisions of the OAS Charter and the Statutes of the Permanent Council.

In addition to the amendments included as a result of approval by the Permanent Council of the Report of the Chairman on its operating rules, I have added a few proposals of my own, as follows: the ones appearing on page 4 pertaining to subparagraphs 2 and 4 of Article 8, as I believe the permissive, nonauthoritative way in which they are drafted is unacceptable; the proposal appearing on page 7 regarding the composition of the General Committee, as it is my opinion that only with this new membership can it fulfill the purposes for which it was created; and, the proposals related to approval of annual reports presented for the consideration of the Permanent Council and subject to the approval of the General Committee.

As soon as the Permanent Council, and especially the Committee on Juridical and Political Affairs, has dealt with its backlog of work, I would like to invite the representatives to attend an informal meeting for the purpose of discussing the document I am forwarding to you, for your due consideration.

In the meantime, I would very much appreciate it if you would arrange to have this document distributed to the representatives of the member states.

Accept, Excellency, the renewed assurances of my highest consideration.

Blasco Penaherrera Padilla

Permanent Representative

Ambassador Valter Pecly Moreira

Permanent Representative of Brazil

Chairman of the Committee on Juridical and Political Affairs

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RULES OF PROCEDURE OF THE PERMANENT COUNCIL[1]/ / PropOSALS TO AMEND OR ADD TO THE TEXT OF THE RULES
OF PROCEDURE OF THE
PERMANENT COUNCIL[2]/ / SOURCE OF THE PROPOSALS-
areas of consistency between THE RULES OF PROCEDURE and THE oAS CHARTER and the STATUTES OF THE PERMANENT COUNCIL[3]/
I. NATURE AND COMPOSITION
Article 1. The Permanent Council is one of the organs of the Organization, and is composed of one representative of each member state, especially appointed by the government thereof, with the rank of ambassador. Each government may appoint such alternate representatives or advisers as it considers advisable and may, if necessary, accredit an acting representative. / Art. 80, Charter
Arts. 1 and 2, Statutes
II. ORDER OF PRECEDENCE
Article 2. The order of precedence of the principal, acting, and alternate representatives shall be determined according to the dates on which they present the respective documents accrediting them as such. / Art. 4, Statutes
III. CHAIRMAN AND VICE CHAIRMAN
Terms of Office
Article 3. The chairman and vice chairman of the Permanent Council shall hold office for a term of three months. The terms shall begin automatically on the first day of the months of January, April, July, and October. / Article 3. The chairman and vice chairman of the Permanent Council shall hold office for a term of three months. The terms shall begin on the first day of the months of January, April, July, and October. / Art. 81, second paragraph, Charter
Art. 6, Statutes
Proposal by the coordinator of the informal working group set up by the CAJP on 4/4/02 to revise the Rules of Procedure of the Permanent Council.
Order of succession
Article 4. The office of chairman of the Permanent Council shall be held by each of the principal representatives in turn, following the Spanish alphabetical order of the names in Spanish of their respective states. The office of vice chairman shall be filled in the same way, in reverse alphabetical order. / Art. 81, Charter
Art. 5, Statutes
Article 5. If the state to which the chairmanship corresponds does not have a principal representative, the vice chairman shall serve as chairman. If the state to which the vice chairmanship corresponds does not have a principal representative, the principal representatives of the states in reverse alphabetical order shall serve in turn as vice chairman on an acting basis. The incumbency of such substitute in either office shall terminate with the arrival in the Permanent Council of the principal representative of the state to which that office pertains by right. / Art. 7, Statutes
Provisional Replacement of the Chairman
Article 6. In the event of the temporary absence or impediment of the chairman, the vice chairman shall replace him, and in the event of the absence or impediment of both, the principal representative with the greatest seniority shall preside. / Art. 7, first paragraph, Statutes
Article 7. If the offices of chairman and vice chairman of the Permanent Council should both devolve upon the principal representative of the same state, he shall be the chairman. The office of vice chairman shall devolve upon the principal representative of the state next in reverse alphabetical order, and thus successively.
Functions of the Chairman
Article 8. The chairman of the Council:
1. Shall call the meetings, open and adjourn them, direct the discussions, recognize speakers in the order in which they request the floor, put motions to a vote and announce the results thereof, decide on points of order in accordance with the provisions of Article 46 of these Rules of Procedure, install the committees, and, in general, comply with and enforce the provisions of these Rules of Procedure
2. May attend functions or ceremonies when invited to do so in his capacity as such. / 2. Shall represent the Permanent Council at functions or ceremonies when invited to do so in his capacity as such. / Proposal formulated by the coordinator of the informal working group established by the CAJP on 4/4/02 to revise the Rules of Procedure of the Permanent Council.
3. Shall appoint the committee of representatives to receive, on behalf of the Council, the heads of state or government who attend protocolary ceremonies and meetings.
4. May consult the members of the Council in order to prepare the work for a forthcoming meeting. / 4. Shall consult the members of the Council in preparing the work for forthcoming meetings. / Proposal formulated by the coordinator of the informal working group established by the CAJP on 4/4/02 to revise the Rules of Procedure of the Permanent Council.
5. Shall give welcome and farewell addresses to representatives on the Council. / 5. Shall give welcome and farewell addresses to representatives on the Council, and extend congratulations and condolences on behalf of the Council. In the case of the departure of permanent representatives, the coordinators of the subregional groups may also address the Council. These expressions of farewell shall not be reiterated by the delegations. / Rule #13 of the Report of the Chair on the Operating Standards to Govern the Functioning of the Permanent Council (OEA/Ser.G, CP/doc.3553/02 rev.2).
6. Shall carry out such other functions as are expressly attributed to him by the Statutes, the Charter, and other inter-American treaties, and those which are specifically entrusted to him by the General Assembly, the Meeting of Consultation, and the Permanent Council.
IV. AD HOC COMMITTEES FOR THE PEACEFUL SETTLEMENT OF DISPUTES
Establishment
Article 9. In the exercise of its functions, the Permanent Council may establish ad hoc committees with the consent of the parties to a dispute. / Art. 86 , Charter
Art. 24, Statutes
Membership and Mandate
Article 10. The ad hoc committees shall have the membership and mandate that the Permanent Council agrees upon in each individual case, with the consent of the parties to the dispute. / Art. 86, Charter
Art. 25 of the Statutes
Duration of the Terms of Office of the Members
Article 11. The duration of the terms of office of the members of the ad hoc committees shall be as determined by the Permanent Council in each case at the time it establishes such committees.
V. COMITTEES, SUBCOMMITTEES, AND WORKING GROUPS
Establishment / Establishment
Article 12. The Permanent Council may establish such permanent and special committees and such working groups as it deems necessary. Special committees and working groups shall be temporary. / Article 12. The Permanent Council may establish such permanent and special committees and working groups as it deems necessary. The special committees and working groups shall be temporary, and they shall be established whenever there are temporary mandates to be carried out that have not been assigned to other bodies. / Art. 15 Statutes
Rule #9 of the Report of the Chair on the Operating Standards to Govern the Functioning of the Permanent Council (OEA/Ser.G, CP/doc.3553/02 rev. 2).
Article 13. The committees may establish subcommittees and working groups, and must specify their mandate in each case.
Permanent Committees
Article 14. The following are permanent committees of the Permanent Council, without prejudice to any others that may be established as such:
General Committee;
Committee on Juridical and Political Affairs;
Committee on Administrative and Budgetary Affairs;
Committee on Meetings and Organizations; / Committee on Meetings and Organizations;
Committee on Panama Canal Tolls; / Committee on Panama Canal Tolls
Committee on the Environment; / Committee on the Environment;
Committee on Hemispheric Security.
Delegations are continuing to study the proposal to include the Committee on the Participation of Civil Society in OAS Activities as a permanent committee of the Permanent Council.
General Committee
Article 15. The General Committee shall be composed of one representative of each member state. The chairman and vice chairman of the Permanent Council shall be the chairman and vice chairman of the General Committee, respectively. / Article 15. The General Committee shall be composed of one representative of each member state. The chairman and vice chairman of the Permanent Council shall be the chairman and vice chairman of the General Committee, respectively.
New article. The General Committee shall be composed of the chairman and vice chairman of the Permanent Council and the chairmen of the permanent and special committees. The chairmen of the working groups and the representatives of the member states may participate in the meetings of the General Committee with a voice but no vote. The chairman and vice chairman of the Permanent Council shall serve as the chairman and vice chairman of the General Committee, respectively. / Proposal formulated by the Coordinator of the informal working group set up by the CAJP on 4/4/02 to amend the Rules of Procedure of the Permanent Council.
Article 16. The General Committee shall have the following duties:
a.To advise the Permanent Council and its chairman on matters that are within the area of competence of the Council and which, not having been assigned to other committees, have been assigned to the General Committee;
b.To consider and to make recommendations to the Council, to its chairman, and to the chairmen of the other committees on the course and coordination of their respective work, for which purpose it may establish a subcommittee on coordination made up of those chairmen;
c.To examine periodically, by mandate of the Permanent Council, current working methods and procedures so as to maximize efficiency and make the best possible use of time in its work; and
d.Such other functions as are assigned by the Council. / New article. The General Committee shall have the following duties:
d.To study and report to the Permanent Council on the reports presented by the bodies, agencies, and entities referred to in Article 91.f of the Charter, with the exception of the reports assigned to the Committee on Juridical and Political Affairs pursuant to these Rules of Procedure; and,
e.Any other duties assigned by the Council. / Proposal formulated by the Coordinator of the informal working group established by the CAJP on 4/4/02 to revise the Rules of Procedure of the Permanent Council.
Committee on Juridical and Political Affairs
Article 17. It shall be the duty of the Committee on Juridical and Political Affairs to study topics of this nature entrusted to it by the Permanent Council.
Article 18. The Committee on Juridical and Political Affairs shall study the reports of the organs, agencies, and entities referred to in Article 90.f of the Charter that are presented to it by the Council for consideration, and shall submit a report thereon to the Permanent Council. / Article 18. The Committee on Juridical and Political Affairs shall study the reports of the Inter-American Juridical Committee, the Inter-American Court of Human Rights, and the Inter-American Commission on Human Rights referred to in Article 91.f of the Charter, and shall submit a report thereon to the Permanent Council. / Art. 91.f, Charter
Articles 48, 52, and 60, Statutes
Proposal formulated by the Coordinator of the informal working group established by the CAJP on 4/4/02 to revise the Rules of Procedure of the Permanent Council.
Committee on Administrative and Budgetary Affairs
Article 19. The Committee on Administrative and Budgetary Affairs shall have the following duties:
a.To recommend to the Permanent Council any programs within the Council's purview that may serve the General Secretariat as a basis for preparing the proposed program-budget of the Organization, as stipulated in Article 117.c of the Charter;
b.To examine the proposed program-budget that the General Secretariat transmits to the Permanent Council for consultation, for the purposes indicated in Article 117.c of the Charter, and to submit to the Council such observations as it may deem pertinent;
c.To study any other subjects that the Permanent Council may entrust to it in relation to the programs, budget, administration, and financial aspects of the operations of the General Secretariat; and
d.To consider any annual evaluation reports submitted by the Secretary General to the Permanent Council in compliance with the provisions of the General Standards to Govern the Operations of the General Secretariat and, on that basis, to evaluate the overall effectiveness of the Organization's programs, projects, and activities. Furthermore, to make any recommendations it deems appropriate and submit them to the Permanent Council for consideration and subsequent referral to the Preparatory Committee, so that they may be considered by the General Assembly in conjunction with the proposed program-budget / Paragraphs a and b of Article 19 should contain reference to Article 112.c of the Charter.
Committee on Meetings and Organizations / Committee on Meetings and Organizations
Article 20. It shall be the duty of the Committee on Meetings and Organizations, inter alia, to study the matters entrusted to it by the Permanent Council with respect to the subsidiary organs, agencies, and entities of the Organization.
The Committee shall also study matters related to:
a.The holding of meetings and conferences within the competence of the Permanent Council;
b.Any necessary coordination with other organs of the Organization with respect to meetings and conferences held under the auspices of the Organization;
c.The inter-American specialized organizations and other inter-American entities within the competence of the Permanent Council; and
d.Any necessary coordination with the appropriate subsidiary organs of the other councils with respect to inter-American specialized organizations and other inter-American entities that are outside the exclusive competence of any single council. / Article 20. It shall be the duty of the Committee on Meetings and Organizations, inter alia, to study the matters entrusted to it by the Permanent Council with respect to the subsidiary organs, agencies, and entities of the Organization.
The Committee shall also study matters related to:
a.The holding of meetings and conferences within the competence of the Permanent Council;
b.Any necessary coordination with other organs of the Organization with respect to meetings and conferences held under the auspices of the Organization;
c.The inter-American specialized organizations and other inter-American entities within the competence of the Permanent Council; and
d.Any necessary coordination with the appropriate subsidiary organs of the other councils with respect to inter-American specialized organizations and other inter-American entities that are outside the exclusive competence of any single council.
Article 21. The Committee on Meetings and Organizations shall examine the reports of the organs, agencies, and entities cited in Article 90.f of the Charter that are presented for its consideration by the Council, and shall submit a report thereon to the Council. / Article 21. The Committee on Meetings and Organizations shall examine the reports of the organs, agencies, and entities cited in Article 90.f of the Charter that are presented for its consideration by the Council, and shall submit a report thereon to the Council.
Committee on Panama Canal Tolls / Committee on Panama Canal Tolls
Article 22. The Committee on Panama Canal Tolls shall, among other functions, be responsible for preparing, coordinating, and providing to the Panama Canal Commission the views of the member states of the OAS that use the Canal. / Article 22. The Committee on Panama Canal Tolls shall, among other functions, be responsible for preparing, coordinating, and providing to the Panama Canal Commission the views of the member states of the OAS that use the Canal.
Committee on the Environment /

Committee on the Environment

Article 23. It is the responsibility of the Committee on the Environment to study and propose to the Permanent Council the Organization’s policy in this area and to develop, coordinate, evaluate, and monitor, among others, measures for regional cooperation in environmental matters. / Article 23. It is the responsibility of the Committee on the Environment to study and propose to the Permanent Council the Organization’s policy in this area and to develop, coordinate, evaluate, and monitor, among others, measures for regional cooperation in environmental matters.
Membership
Article 25. All the member states have the right to be represented on the Permanent Committees. However, to facilitate its work, and except as provided for the General Committee, the Permanent Council shall install on these committees representatives of those member states that have requested membership thereon. / Article 25. Unless otherwise provided by the General Committee, all the member states have the right to be represented on the permanent committees. However, to facilitate their work, the Permanent Council shall install on these committees representatives of those member states that have requested membership thereon. / Proposal formulated by the Coordinator of the informal working group established by the CAJP on 4/4/02 to revise the Rules of Procedure of the Permanent Council.