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Constitution of the UNESCO |

Table of contents |
| I |
Purposes and functions |
IX |
Budget |
| II |
Membership |
X |
Relations with the United
Nations Organization |
| III |
Organs |
XI |
Relations with other
specialized international organizations and agencies |
| IV |
The General Conference |
XII |
Legal status of the
Organization |
| V |
Executive Board |
XIII |
Amendments |
| VI |
Secretariat |
XIV |
Interpretation |
| VII |
National co-operating
bodies |
XV |
Entry into force |
| VIII |
Reports by Member States |
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The Governments of the States Parties to
this Constitution on behalf of their peoples declare:
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That since
wars begin in the minds of men, it is in the minds of men that the defences of peace must
be constructed; |
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That ignorance
of each others ways and lives has been a common cause, throughout the history of
mankind, of that suspicion and mistrust between the peoples of the world through which
their differences have all too often broken into war; |
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That the great
and terrible war which has now ended was a war made possible by the denial of the
democratic principles of the dignity, equality and mutual respect of men, and by the
propagation, in their place, through ignorance and prejudice, of the doctrine of the
inequality of men and races; |
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That the wide
diffusion of culture, and the education of humanity for justice and liberty and peace are
indispensable to the dignity of man and constitute a sacred duty which all the nations
must fulfil in a spirit of mutual assistance and concern; |
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That a peace
based exclusively upon the political and economic arrangements of governments would not be
a peace which could secure the unanimous, lasting and sincere support of the peoples of
the world, and that the peace must therefore be founded, if it is not to fail, upon the
intellectual and moral solidarity of mankind. |
For these reasons, the States Parties to
this Constitution, believing in full and equal opportunities for education for all, in the
unrestricted pursuit of objective truth, and in the free exchange of ideas and knowledge,
are agreed and determined to develop and to increase the means of communication between
their peoples and to employ these means for the purposes of mutual understanding and a
truer and more perfect knowledge of each others lives;
In consequence whereof they do hereby
create the United Nations Educational, Scientific and Cultural Organization for the
purpose of advancing, through the educational and scientific and cultural relations of the
peoples of the world, the objectives of international peace and of the common welfare of
mankind for which the United Nations Organization was established and which its Charter
proclaims.
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Article I |
Purposes
and functions |
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- The purpose of the Organization is to contribute to peace and
security by promoting collaboration among the nations through education, science and
culture in order to further universal respect for justice, for the rule of law and for the
human rights and fundamental freedoms which are affirmed for the peoples of the world,
without distinction of race, sex, language or religion, by the Charter of the United
Nations.
- To realize this purpose the Organization will:
(a) Collaborate in the work of advancing the mutual knowledge and
understanding of peoples, through all means of mass communication and to that end
recommend such international agreements as may be necessary to promote the free flow of
ideas by word and image;
(b) Give fresh impulse to popular education and to the spread of
culture:
By collaborating with Members, at their request, in the development of
educational activities;
By instituting collaboration among the nations to advance the ideal of equality of
educational opportunity without regard to race, sex or any distinctions, economic or
social;
By suggesting educational methods best suited to prepare the children of the
world for the responsibilities of freedom;
(c) Maintain, increase and diffuse knowledge:
By assuring the conservation and protection of the worlds inheritance of
books, works of art and monuments of history and science, and recommending to the nations
concerned the necessary international conventions;
By encouraging co-operation among the nations in all branches of intellectual
activity, including the international exchange of persons active in the fields of
education, science and culture and the exchange of publications, objects of artistic and
scientific interest and other materials of information;
By initiating methods of international co-operation calculated to give the people
of all countries access to the printed and published materials produced by any of them.
- With a view to preserving the independence, integrity and
fruitful diversity of the cultures and educational systems of the States Members of the
Organization, the Organization is prohibited from intervening in matters which are
essentially within their domestic jurisdiction.
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Article II |
Membership |
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- Membership of the United Nations Organization shall carry with it
the right to membership of the United Nations Educational, Scientific and Cultural
Organization.
- Subject to the conditions of the Agreement between this
Organization and the United Nations Organization, approved pursuant to Article X of this
Constitution, states not members of the United Nations Organization may be admitted to
membership of the Organization, upon recommendation of the Executive Board, by a
two-thirds majority vote of the General Conference.
- Territories or groups of territories which are not responsible
for the conduct of their international relations may be admitted as Associate Members by
the General Conference by a two-thirds majority of Members present and voting, upon
application made on behalf of such territory or group of territories by the Member or
other authority having responsibility for their international relations. The nature and
extent of the rights and obligations of Associate Members shall be determined by the
General Conference.
- Members of the Organization which are suspended from the exercise
of the rights and privileges of membership of the United Nations Organization shall, upon
the request of the latter, be suspended from the rights and privileges of this
Organization.
- Members of the Organization which are expelled from the United
Nations Organization shall automatically cease to be Members of this Organization.
- Any Member State or Associate Member of the Organization may withdraw
from the Organization by notice addressed to the Director-General. Such notice shall take
effect on 31 December of the year following that during which the notice was given. No
such withdrawal shall affect the financial obligations owed to the Organization on the
date the withdrawal takes effect. Notice of withdrawal by an Associate Member shall be
given on its behalf by the Member State or other authority having responsibility for its
international relations.(1).
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Article III |
Organs |
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The Organization shall include a General Conference, an
Executive Board and a Secretariat.
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Article IV |
The
General Conference |
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A. Composition
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- The General Conference shall consist of the representatives of
the States Members of the Organization. The Government of each Member State shall appoint
not more than five delegates, who shall be selected after consultation with the National
Commission, if established, or with educational, scientific and cultural bodies.
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B. Functions
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- The General Conference shall determine the policies and the main
lines of work of the Organization. It shall take decisions on programmes submitted to it
by the Executive Board.
- The General Conference shall, when it deems desirable and in
accordance with the regulations to be made by it, summon international conferences of
states on education, the sciences and humanities or the dissemination of knowledge;
non-governmental conferences on the same subjects may be summoned by the General
Conference or by the Executive Board in accordance with such regulations.
- The General Conference shall, in adopting proposals for
submission to the Member States, distinguish between recommendations and international
conventions submitted for their approval. In the former case a majority vote shall
suffice; in the latter case a two-thirds majority shall be required. Each of the Member
States shall submit recommendations or conventions to its competent authorities within a
period of one year from the close of the session of the General Conference at which they
were adopted.
- Subject to the provisions of Article V, paragraph 6 (c), the
General Conference shall advise the United Nations Organization on the educational,
scientific and cultural aspects of matters of concern to the latter, in accordance with
the terms and procedure agreed upon between the appropriate authorities of the two
Organizations.
- The General Conference shall receive and consider the reports
sent to the Organization by Member States on the action taken upon the recommendations and
conventions referred to in paragraph 4 above or, if it so decides, analytical summaries of
these reports.
- The General Conference shall elect the members of the Executive
Board and, on the recommendation of the Board, shall appoint the Director-General.
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C. Voting
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- (a) Each Member State shall have one vote in
the General Con-ference. Decisions shall be made by a simple majority except in cases in
which a two-thirds majority is required by the provisions of this Constitution,1 or the
Rules of Procedure of the General Conference.2 A majority shall be a majority of the
Members present and voting.
(b) A Member State shall have no vote in the General Conference if the
total amount of contributions due from it exceeds the total amount of contributions
payable by it for the current year and the immediately preceding calendar year.
(c) The General Conference may nevertheless permit such a Member State
to vote, if it is satisfied that failure to pay is due to conditions beyond the control of
the Member State.
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D. Procedure
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- (a) The General Conference shall meet in
ordinary session every two years. It may meet in extraordinary session if it decides to do
so itself or if summoned by the Executive Board, or on the demand of at least one third of
the Member States.
(b) At each session the location of its next ordinary session shall be
designated by the General Conference. The location of an extraordinary session shall be
decided by the General Conference if the session is summoned by it, or otherwise by the
Executive Board.
- The General Conference shall adopt its own rules of procedure. It
shall at each session elect a President and other officers.
- The General Conference shall set up special and technical
committees and such other subsidiary organs as may be necessary for its purposes.
- The General Conference shall cause arrangements to be made for
public access to meetings, subject to such regulations as it shall prescribe.
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E. Observers
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- The General Conference, on the recommendation of the Executive
Board and by a two-thirds majority may, subject to its rules of procedure, invite as
observers at specified sessions of the Conference or of its commissions representatives of
international organizations, such as those referred to in Article XI, paragraph 4.
- When consultative arrangements have been approved by the
Executive Board for such international non-governmental or semi-governmental organizations
in the manner provided in Article XI, paragraph 4, those organizations shall be invited to
send observers to sessions of the General Conference and its commissions.
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Article V |
Executive
Board |
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A. Composition
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- (a) The Executive Board shall be elected by the
General Conference and it shall consist of fifty-eight Member States. The President of the
General Conference shall sit ex officio in an advisory capacity on the Executive Board.
(b) Elected States Members of the Executive Board are hereinafter
referred to as Members of the Executive Board.
- (a) Each Member of the Executive Board shall
appoint one representative. It may also appoint alternates.
(b) In selecting its representative on the Executive Board, the Member
of the Executive Board shall endeavour to appoint a person qualified in one or more of the
fields of competence of UNESCO and with the necessary experience and capacity to fulfil
the administrative and executive duties of the Board. Bearing in mind the importance of
continuity, each representative shall be appointed for the duration of the term of the
elected Member of the Executive Board, unless exceptional circumstances warrant his
replacement. The alternates appointed by each Member of the Executive Board shall act in
the absence of its representative in all his functions.
- In electing Members to the Executive Board, the General
Conference shall have regard to the diversity of cultures and a balanced geographical
distribution.
- (a) Members of the Executive Board shall serve
from the close of the General Conference which elected them until the close of the second
ordinary session of the General Conference following that election. The General Conference
shall, at each of its ordinary sessions, elect the number of Members of the Executive
Board required to fill vacancies occurring at the end of the session except for the
election that takes place during the 30th session of the General Conference, where one of
the elected Member States from Electoral Group II and two of the elected Member States
from Group IV, whose names shall be drawn by the President of the General Conference by
lot, shall serve until the close of the 31st session of the Conference.
(b) Members of the Executive Board are eligible for re-election.
Re-elected Members of the Executive Board shall endeavour to change their representatives
on the Board.
- In the event of the withdrawal from the Organization of a Member
of the Executive Board, its term of office shall be terminated on the date when the
withdrawal becomes effective.
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B. Functions
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- (a) The Executive Board shall prepare the
agenda for the General Conference. It shall examine the programme of work for the
Organization and corresponding budget estimates submitted to it by the Director-General in
accordance with paragraph 3 of Article VI and shall submit them with such recommendations
as it considers desirable to the General Conference.
(b) The Executive Board, acting under the authority of the General
Conference, shall be responsible for the execution of the programme adopted by the
Conference. In accordance with the decisions of the General Conference and having regard
to circumstances arising between two ordinary sessions, the Executive Board shall take all
necessary measures to ensure the effective and rational execution of the programme by the
Director-General.
(c) Between ordinary sessions of the General Conference, the Board may
discharge the functions of adviser to the United Nations, set forth in Article IV,
paragraph 5, whenever the problem upon which advice is sought has already been dealt with
in principle by the Conference, or when the solution is implicit in decisions of the
Conference.
- The Executive Board shall recommend to the General Conference the
admission of new Members to the Organization.
- Subject to decisions of the General Conference, the Executive
Board shall adopt its own rules of procedure. It shall elect its officers from among its
Members.
- The Executive Board shall meet in regular session at least four
times during a biennium and may meet in special session if convoked by the Chairman on his
initiative or upon the request of six Members of the Executive Board.
- The Chairman of the Executive Board shall present, on behalf of
the Board, to the General Conference at each ordinary session, with or without comments,
the reports on the activities of the Organization which the Director-General is required
to prepare in accordance with the provisions of Article VI.3 (b)
- The Executive Board shall make all necessary arrangements to
consult the representatives of international organizations or qualified persons concerned
with questions within its competence.
- Between sessions of the General Conference, the Executive Board
may request advisory opinions from the International Court of Justice on legal questions
arising within the field of the Organizations activities.
- The Executive Board shall also exercise the powers delegated to
it by the General Conference on behalf of the Conference as a whole.
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Article VI |
Secretariat |
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- The Secretariat shall consist of a Director-General and such
staff as may be required.
- The Director-General shall be nominated by the Executive Board
and appointed by the General Conference for a period of six years, under such conditions
as the Conference may approve. The Director-General may be appointed for a further term of
six years but shall not be eligible for reappointment for a subsequent term. The
Director-General shall be the chief administrative officer of the Organization.
- (a) The Director-General, or a deputy
designated by him, shall participate, without the right to vote, in all meetings of the
General Conference, of the Executive Board, and of the Committees of the Organization. He
shall formulate proposals for appropriate action by the Conference and the Board, and
shall prepare for submission to the Board a draft programme of work for the Organization
with corresponding budget estimates.
(b) The Director-General shall prepare and communicate to Member States
and to the Executive Board periodical reports on the activities of the Organization. The
General Conference shall determine the periods to be covered by these reports.
- The Director-General shall appoint the staff of the Secretariat
in accordance with staff regulations to be approved by the General Conference. Subject to
the paramount consideration of securing the highest standards of integrity, efficiency and
technical competence, appointment to the staff shall be on as wide a geographical basis as
possible.
- The responsibilities of the Director-General and of the staff
shall be exclusively international in character. In the discharge of their duties they
shall not seek or receive instructions from any government or from any authority external
to the Organization. They shall refrain from any action which might prejudice their
positions as international officials. Each State Member of the Organization undertakes to
respect the international character of the responsibilities of the Director-General and
the staff, and not to seek to influence them in the discharge of their duties.
- Nothing in this Article shall preclude the Organization from
entering into special arrangements within the United Nations Organization for common
services and staff and for the interchange of personnel.
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Article VII |
National
co-operating bodies |
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- Each Member State shall make such arrangements as suit its
particular conditions for the purpose of associating its principal bodies interested in
educational, scientific and cultural matters with the work of the Organization, preferably
by the formation of a National Commission broadly representative of the government and
such bodies.
- National Commissions or National Co-operating Bodies, where they
exist, shall act in an advisory capacity to their respective delegations to the General
Conference, to the representatives and alternates of their countries on the Executive
Board and to their Governments in matters relating to the Organization and shall function
as agencies of liaison in all matters of interest to it.
- The Organization may, on the request of a Member State, delegate,
either temporarily or permanently, a member of its Secretariat to serve on the National
Commission of that state, in order to assist in the development of its work.
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Article VIII |
Reports
by Member States |
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Each Member State shall submit to the Organization, at such
times and in such manner as shall be determined by the General Conference, reports on the
laws, regulations and statistics relating to its educational, scientific and cultural
institutions and activities, and on the action taken upon the recommendations and
conventions referred to in Article IV, paragraph 4.
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Article IX |
Budget |
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- The budget shall be administered by the Organization.
- The General Conference shall approve and give final effect to the
budget and to the apportionment of financial responsibility among the States Members of
the Organization subject to such arrange- ment with the United Nations as may be provided
in the agreement to be entered into pursuant to Article X.
- The Director-General may accept voluntary contributions, gifts,
bequests and subventions directly from governments, public and private institutions,
associations and private persons, subject to the conditions specified in the Financial
Regulations.
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Article X |
Relations
with the United Nations Organization |
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This Organization shall be brought into relation with the United
Nations Organization, as soon as practicable, as one of the Specialized Agencies referred
to in Article 57 of the Charter of the United Nations. This relationship shall be effected
through an agreement with the United Nations Organization under Article 63 of the Charter,
which agreement shall be subject to the approval of the General Conference of this
Organization. The agreement shall provide for effective co-operation between the two
Organizations in the pursuit of their common purposes, and at the same time shall
recognize the autonomy of this Organization, within the fields of its competence as
defined in this Constitution. Such agreement may, among other matters, provide for the
approval and financing of the budget of the Organization by the General Assembly of the
United Nations.
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Article XI |
Relations
with other specialized international organizations and agencies |
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- This Organization may co-operate with other specialized inter-
governmental organizations and agencies whose interests and activities are related to its
purposes. To this end the Director-General, acting under the general authority of the
Executive Board, may establish effective working relationships with such organizations and
agencies and establish such joint committees as may be necessary to assure effective
co-operation. Any formal arrangements entered into with such organizations or agencies
shall be subject to the approval of the Executive Board.
- Whenever the General Conference of this Organization and the
competent authorities of any other specialized intergovernmental organizations or agencies
whose purpose and functions lie within the competence of this Organization deem it
desirable to effect a transfer of their resources and activities to this Organization, the
Director-General, subject to the approval of the Conference, may enter into mutually
acceptable arrangements for this purpose.
- This Organization may make appropriate arrangements with other
intergovernmental organizations for reciprocal representation at meetings.
- The United Nations Educational, Scientific and Cultural
Organization may make suitable arrangements for consultation and co-operation with
non-governmental international organizations concerned with matters within its competence,
and may invite them to undertake specific tasks. Such co-operation may also include
appropriate participation by representatives of such organizations on advisory committees
set up by the General Conference.
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Article XII |
Legal
status of the Organization |
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The provisions of Articles 104 and 105 of the Charter of the
United Nations Organization1 concerning the legal status of that Organization, its
privileges and immunities, shall apply in the same way to this Organization.
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Article XIII |
Amendments |
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- Proposals for amendments to this Constitution shall become
effective upon receiving the approval of the General Conference by a two-thirds majority;
provided, however, that those amendments which involve fundamental alterations in the aims
of the Organization or new obligations for the Member States shall require subsequent
acceptance on the part of two thirds of the Member States before they come into force. The
draft texts of proposed amendments shall be communicated by the Director-General to the
Member States at least six months in advance of their consideration by the General
Conference.
- The General Conference shall have power to adopt by a two-thirds
majority rules of procedure for carrying out the provisions of this Article.
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Article XIV |
Interpretation |
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- The English and French texts of this Constitution shall be
regarded as equally authoritative.
- Any question or dispute concerning the interpretation of this
Constitution shall be referred for determination to the International Court of Justice or
to an arbitral tribunal, as the General Conference may determine under its Rules of
Procedure.
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Article XV |
Entry
into force |
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- This Constitution shall be subject to acceptance. The instrument
of acceptance shall be deposited with the Government of the United Kingdom.
- This Constitution shall remain open for signature in the archives
of the Government of the United Kingdom. Signature may take place either before or after
the deposit of the instrument of acceptance. No acceptance shall be valid unless preceded
or followed by signature. However, a state that has withdrawn from the Organization shall
simply deposit a new instrument of acceptance in order to resume membership.
- This Constitution shall come into force when it has been accepted
by twenty of its signatories. Subsequent acceptances shall take effect immediately.
- The Government of the United Kingdom will inform all Members of
the United Nations and the Director-General of the receipt of all instruments of
acceptance and of the date on which the Constitution comes into force in accordance with
the preceding paragraph.
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In faith whereof, the
undersigned, duly authorized to that effect, have signed this Constitution in the English
and French languages, both texts being equally authentic. Done
in London the sixteenth day of November, one thousand nine hundred and forty-five, in a
single copy, in the English and French languages, of which certified copies will be
communicated by the Government of the United Kingdom to the Governments of all the Members
of the United Nations. |
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(1)
Back |
Paragraph adopted by
the General Conference at its 8th session (1954) (8 C/Resolutions, p. 12). At its 28th
session (1995), the General Conference adopted resolution 20.1 (28 C/Resolutions, p. 117),
concerning the amendment of this provision and of Article IX (new paragraph 3),
which is worded as follows:
The General Conference,
Having examined document 28 C/30 and taken note of the Report of the Legal Committee (28
C/136),
1. Decides to amend Article II, paragraph 6, of the Constitution as follows:
"6. Any Member State or Associate Member of the Organization may withdraw from
the Organization by notice addressed to the Director-General. The withdrawal shall take
effect twenty-four months after its notification to the Director-General. No such
withdrawal shall affect the financial obligations of the state concerned to the
Organization on the date the withdrawal takes effect. Notice of withdrawal by an Associate
Member shall be given on its behalf by the Member State or other authority having
responsibility for its international relations.";
2. Decides to add a new paragraph 3 to Article IX of the Constitution reading as follows
(the present paragraph 3 becoming paragraph 4):
"3. The financial period shall be two consecutive calendar years, unless
otherwise decided by the General Conference. The financial contribution of each Member
State or Associate Member is due for the whole financial period and is payable by calendar
year. However, the contribution of a Member State or an Associate Member having exercised
its right of withdrawal according to Article II, paragraph 6, shall be calculated, for the
year during which the withdrawal takes effect, on a pro rata basis covering the period of
its membership in the Organization.";
3. Considers that the above-mentioned amendments involve new obligations for Member States
and that, consequently, these amendments shall only come into force after having been
accepted by two thirds of the Member States, in accordance with the provisions of Article
XIII, paragraph 1, of the Constitution. |
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