OUTLINE. Source: Article IV.C, paragraph 8(c), of the Constitution.

Transcription

1 35 C 35 C/12 31 July 2009 Original: English Item 1.3 of the provisional agenda REPORT BY THE DIRECTOR-GENERAL ON COMMUNICATIONS RECEIVED FROM MEMBER STATES INVOKING THE PROVISIONS OF ARTICLE IV.C, PARAGRAPH 8(c), OF THE CONSTITUTION OUTLINE Source: Article IV.C, paragraph 8(c), of the Constitution. Background: In accordance with Rule 83, paragraph 4 of the Rules of Procedure of the General Conference the Director-General hereby reports on communications received from Member States invoking the terms of Article IV.C, paragraph 8(c), of the Constitution concerning the right to vote at the 35th session. Purpose: To submit to the General Conference all relevant information concerning communications received from Member States requesting the right to vote and thereby facilitate the decision-making process. Decision required: paragraph 15.

2 35 C/12 INTRODUCTION 1. This document is divided into two parts. Part I deals with the procedures to be followed by the General Conference when considering communications requesting the right to vote. In Part II of this document, the Director-General makes his report on the individual communications received from Member States and proposes the outline of a draft resolution. 2. The Director-General s report on the most recent position of payment plans agreed between UNESCO and Member States in arrears is contained in document 35 C/31. PART I PROCEDURES TO BE FOLLOWED 3. The procedure for the granting of voting rights is defined in Rule 83 of the General Conference. At its 28th, 29th and 30th sessions, the General Conference by 28 C/Resolution 20.3, 29 C/Resolution 87 and 30 C/Resolution 79, decided to amend this Rule so as to specify the procedure and the justifications to be provided by Member States availing them of this procedure. Consequently, paragraphs 3 to 10 below have been incorporated in Rule 83 of the Rules of Procedure of the General Conference as follows: 3. Before each ordinary session of the General Conference, the Director-General shall, using the most reliable and rapid channels, notify Member States in danger of losing their voting rights in accordance with the provisions of Article IV.C, paragraph 8(b), of the Constitution concerning their financial position with respect to the Organization and the provisions of the Constitution and the Rules and Regulations relating thereto, at least six months before the General Conference session is due to open. 4. Member States shall address their communications invoking the provisions of Article IV.C, paragraph 8(c), to the Director-General, who shall transmit them to the Administrative Commission of the General Conference. That Commission shall take up the matter at the commencement of its work and issue in plenary meeting, as a matter of priority, a report and recommendations on the subject. 5. The communications from Member States referred to in paragraph 4 shall be submitted no later than three days after the commencement of the proceedings of the General Conference. In the absence of such a communication from the Member States concerned, the latter may no longer be authorized to take part in voting at that session of the General Conference. 6. Notwithstanding the provisions of paragraph 1 of this rule, after the time limit specified in paragraph 5 above has passed, and pending a decision by the General Conference in plenary meeting, only those Member States concerned that have submitted the communication referred to in paragraph 4 shall have the right to vote. 7. In its report to the General Conference, the Administrative Commission shall: (a) (b) describe the conditions that render non-payment beyond the Member State s control; give information on the Member State s history of payment of its contributions in preceding years and on request(s) for voting rights under Article IV.C, paragraph 8(c), of the Constitution;

3 35 C/12 page 2 (c) state the measures taken in order to settle the arrears normally a payment plan for settlement of such arrears in annual instalments over a period of three biennia and make mention of the undertaking by the Member State to do all it can to settle future annual assessed contributions on a regular basis. 8. Any decision to permit a Member State in arrears in the payment of its contributions to vote shall be made conditional upon that Member State s observance of the recommendations for settlement of the arrears made by the General Conference. 9. After the General Conference has approved the payment plan under which the arrears of a Member State are consolidated and payable in accordance with paragraph 7(c), any decision by the Conference permitting that Member State to vote shall be valid as long as the Member concerned pays its annual installments by the scheduled dates. 10. The provisions of Articles 5.5 and 5.7 of the Financial Regulations shall not apply to payments made under the payment plans referred to in paragraphs 7(c) and 9 above. 4. At its 29th session, the General Conference encountered difficulties in applying the new provisions and some Member States difficulties in complying with them. The President of the General Conference established a working group on conditions under which the right to vote may be granted to the Member States referred to in Article IV.C, paragraph 8 of the Constitution. The report of the working group was presented at the 30th session of the General Conference which, by 30 C/Resolution 82, endorsed the following recommendations of the working group: 3. The criteria to be used by the Administrative Commission of the General Conference to assess, in accordance with paragraph 7 of Rule [83] of the Rules of Procedure, whether the conditions invoked by a Member State are genuinely beyond its control should be grouped in three categories: criteria linked to wars and armed conflicts affecting a State, economic and financial criteria, and natural disasters. Those criteria should be applied while taking into account the time factor (the situation invoked should have had proven effects over the two preceding years and since the establishment of the current scale) and the real intention of the Member State to pay its total financial contributions to UNESCO. 4. The practice of submission of payment plans to the General Conference should be improved and arrangements should be made so that the payment plans on the basis of which governments undertake to settle their arrears are prepared and presented as early as possible before the General Conference session. 5. After the Conference session, the Director-General should send a letter to the governments concerned to remind them that their payment plans have been approved by the General Conference and, at the same time, to inform them of all the possible consequences of non-observance of those commitments. 6. The Director-General should take advantage of regional or subregional meetings of the National Commissions to inform representatives of Member States facing serious payment difficulties about existing options for the payment of assessed contributions and for the settlement of arrears and to help them to devise solutions that are appropriate for their specific situation. 7. In the general framework of payment plans, swap -type arrangements could be used more frequently and other kinds of arrangements could be considered. The Director-General might be invited to examine the possibility of developing new types of arrangements based on swap schemes in respect of payment plans and in cooperation with other United Nations agencies (in particular UNDP and UNICEF). 1 In this context, particularly for field office staff, 1 In particular, it would be desirable to explore the options open to Member States to reduce the budgets of already approved UNDP and UNICEF projects carried out in their countries through the temporary secondment of

4 35 C/12 page 3 special attention should be given to training in project financing, negotiating skills (e.g. matching funds from different sources), and managerial skills in general. 8. The Bureau of the Administrative Commission, or a small ad hoc body established by it, should examine case by case the communications of Member States invoking the provisions of Article IV.C, paragraph 8(c), of the Constitution and propose a draft resolution to be recommended to the General Conference. The proposal that the Administrative Commission submits to the plenary should also contain information on the reasons why, in certain cases, the granting of voting rights must be approved by a two-thirds majority. 9. The Director-General should submit to the Executive Board, together with his regular reports, at the spring session before the General Conference, information on the situation of arrears of contributions at UNESCO, as well as in other organizations of the United Nations systems and the incentives/disincentives applied by them to improve the situation. 10. In the event of a sanction, the loss of voting rights by Member States affected by the sanction will not deprive such Member States of any of the services of the Organization and shall not preclude them from participating in the activities of UNESCO. 5. Finally at its 33rd session, the General Conference adopted 33 C/Resolution 92 (R.9) which states that: the communications received from Member States invoking the provisions of Article IV.C, 8(c) of the Constitution should be examined by the Executive Board at its session immediately preceding the General Conference in order to allow the Conference to decide on voting rights, upon the recommendations of the Executive Board, at the opening of the session. 6. The Director General has fully complied with his obligations under paragraph 3 of Rule 83 of the Rules of Procedure of the General Conference and paragraphs 5 and 9 of 30 C/Resolution 82. Member States being at risk of losing voting rights at the 35th session of the General Conference were informed by written notification in March and April Last reminders will be sent in September With regard to paragraphs 6 and 7 of the same resolution the Director-General remains most willing to discuss all options for assisting Member States with their arrears. 7. Paragraphs 4 to 10 of Rule 83 of the Rules of Procedure of the General Conference and Paragraphs 3, 4, 8 and 10 of 30 C/Resolution 82 are addressed to Member States and to the Administrative Commission of the General Conference. PART II CONSIDERATION OF INDIVIDUAL COMMUNICATIONS 8. Article IV.C, paragraphs 8(b) and (c), of the Constitution are worded as follows: (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. professional staff and the provision of vehicles and premises. The funds thus released would then be transferred to UNESCO, which would credit them to the payment plans concerned. This proposal reflects the basic concept of swap arrangements, now that the original scheme payment in non-convertible currencies is considered to be ineffective or inapplicable by many of the Member States concerned.

5 35 C/12 page 4 9. Paragraphs 3 to 10 of Rule 83 of the Rules of Procedure of the General Conference and paragraphs 2 and 4 to 9 of 30 C/Resolution 82 (contained in paragraphs 3 and 4 above) define the procedures to be followed by the Director-General, Member States and the General Conference respectively with regard to the application of the above-mentioned articles of the Constitution. 10. Paragraph 3 of 30 C/Resolution 82 (see paragraph 4 above) defines the criteria to be used by the Administrative Commission of the General Conference when examining such requests. 11. As of 30 June Member States had contribution arrears in excess of the levels allowed in the Constitution with regard to voting rights at the General Conference as compared to 35 in the previous biennium at the same period. Details are provided in Schedule 1. These Member States can be classified in several groups: 15 of them have arrears under payment plans approved at previous sessions of the General Conference. 22 of them have contribution arrears in excess of the levels allowed in the Constitution with regard to voting rights but no payment plans. 3 of them are part of the group of 5 Member States for which the General Conference at its 32nd session approved payment plans covering only partially the outstanding arrears with a commitment to submit at the 35th session of the General Conference a progress report for the purpose of reconsidering the rescheduling of their arrears in the light of their capacity to pay at that time. Those 3 Member States have respected their payment plans and pay their annual contribution but have to submit a proposal for rescheduling the outstanding balance. In April 2009 special letters were sent to the Member States of this group of which attention was drawn to the requirement of submitting a new payment plan to the General Conference for its approval at its 35th session. 12. However at the date of finalization of this document, formal communication has been received from one Member State invoking the provisions of Article IV.C, paragraph 8(c) of the Constitution. Schedule 2 shows the analysis of arrears of that Member State by biennium and the date of its last payment. Schedule 3 shows the history of requests for voting rights and permission granted by the General Conference to that Member State at the preceding five sessions of the General Conference and has attached as Annex I, reproduction of the communication received. 13. An addendum will be issued prior to the commencement of the General Conference, containing any further communications received from Member States requesting the right to vote. As soon as possible after the expiry of the three-day limit following the commencement of the General Conference allowed for submission of communications requesting the right to vote under paragraph 5 of Rule 83 of the Rules of Procedure, the Director-General will submit a further addendum, transmitting any additional communications received. In each case he will submit updated Schedules 1 to 3 in order to assist the Administrative Commission in formulating the report it is required to make to the General Conference in plenary meeting on the individual requests received. CONCLUSION 14. It is an essential part of the strategy to generate positive cash flow that all Member States with accumulated arrears should pay in each year more than the amount of their current year s assessment, so that their arrears can be gradually reduced until eliminated. Bearing in mind that the potential loss of voting rights is the only disincentive that exists in UNESCO against late payment of contributions, the General Conference will no doubt wish to study carefully the requests that invoke the provisions of Article IV.C, paragraph 8(c), of the Constitution. The Conference may also wish to bear in mind that the acceptance of a large number of payment plans, deferring

6 35 C/12 page 5 payment of contributions into future years, places an additional burden on the cash resources of the Organization. 15. Following consideration of the report that the Administrative Commission is required to make to the General Conference in plenary meeting and the recommendations of the Executive Board at its 182nd session, 2 the Conference may wish to adopt a resolution along the following lines: The General Conference, Having considered the communications received from (names of Member States to be inserted) invoking the terms of Article IV.C, paragraph 8(c), of the Constitution in order to obtain permission to take part in the voting at its 35th session, Recalling the constitutional obligation of Member States to pay their contributions fully and on time, Taking into account the history of payment of contributions in preceding years and previous requests for voting rights in the case of each of these Member States, as well as the measures proposed by them to eliminate their arrears, Noting that (names of Member States) have subsequent to their requests paid the amounts required for voting rights in conformity with Article IV.C, paragraph 8(b), of the Constitution, Considers that the failure of (names of Member States) to pay contributions for an amount exceeding the total due for the current year and the immediately preceding calendar year and/or instalments on payment plans is due to conditions beyond their control and decides that these Member States may take part in the voting at the 35th session of the General Conference, Further considers that the failure of (names of Member States) to pay contributions for an amount exceeding the total due for the current year and the immediately preceding calendar year and/or installments on payment plans does not comply with the conditions laid down in Rule 83 of the Rules of Procedure of the General Conference and consequently these Member States may not take part in the voting at the 35th session of the General Conference, Invites the Director-General to report to the 185th and 187th sessions of the Executive Board as well as to the 36th session of the General Conference on the actual position concerning all payment plans agreed upon between UNESCO and Member States in arrears with their contributions. 2 This item will be examined by the Executive Board at its 182nd session. Any observations and recommendations made by the Board will be reflected in an addendum to the present document.

7 35 C/12 page 6 SUMMARY OF SCHEDULES Schedule 1. Member States at risk of losing voting rights at 30 June Schedule 2. Arrears of contributions of Member States invoking the provisions of Article IV.C, paragraph 8(c), of the Constitution at 30 June Schedule 3. Requests made for voting rights and permission granted by the General Conference at its last five sessions. Annex 1: communication received.

8 35 C/12 - page 7 SCHEDULE 1 MEMBER STATES AT RISK OF LOSING VOTING RIGHTS AS AT 30 JUNE 2009 Member States Working Capital Fund Arrears of contributions 2005 and prior years Total arrears Instalments due under payment plans 2008 and prior years 2009 Total instalments TOTAL ARREARS (A) Date of last payment 1 Afghanistan (1) May-09 2 Antigua and Barbuda - 42,993 17,657 60, , Dec-08 3 Argentina , , , Nov-08 4 Armenia ,850 37,850 37, Jun-09 5 Azerbaijan (1) Jun-09 6 Cape Verde 10-7,062 7, , Oct-07 7 Central African Republic - 6,357 7,062 13, , , , Mar-09 8 Chile , , , Aug-08 9 Comoros 40 6,357 7,062 13, ,990 75, , , Oct Costa Rica , , , Jun Democratic Republic of the Congo 30-21,169 21, , Oct Djibouti ,214 45,214 90,428 90, Oct Dominica 10-7,062 7, , Oct Georgia (1) Feb Guinea 10-14,125 14, , Sep Guinea-Bissau 10-7,062 7, ,955 51, , , Jan Iraq - 5,370, ,466 5,479, ,479, Oct Kyrgyzstan (1) ,000 5,000 5, Dec Lebanon - - 6,419 6, , Jun Liberia ,587 35,587 71,174 71, Oct Libyan Arab Jamahiriya , , , Oct Marshall Islands 10-7,062 7, , Oct Mauritania 10-3,469 3, , Aug Micronesia 10-2,013 2, , Sep Myanmar 50-52,968 53, , Sep Niger ,427 21,427 21, Sep Pakistan ,567 28, , Oct Palau 10-5,815 5, , Mar Panama ,589 14, , Apr Papua New Guinea 20-17,657 17, , Oct Paraguay ,300 32,300 32, Dec Peru , , , Mar Sao Tome and Principe ,316 40,316 80,632 80, Sep Senegal - - 1,005 1, , Apr Sierra Leone 10 6,310 7,062 13,382 35,935 14,108 50,043 63, Dec Somalia ,492 7, , , Dec Sudan ,562 63, , Oct Tajikistan (1) - - 1,506 1, ,000 5,315 6, Dec Vanuatu 10-3,055 3, , Oct Zimbabwe Jun-09 TOTAL 1,620 5,774,691 1,057,378 6,833, , ,408 1,851,938 8,685,627 (1) MEMBER STATES AT RISK OF LOSING VOTING RIGHTS IF A NEW PAYMENT PLAN IS NOT SUBMITTED AS PER 32C/RESOLUTION 67.II Member States Working Capital Fund Arrears and contributions due and prior biennia Total (1) 2009 and prior years Amount to be rescheduled* Total (2) TOTAL DUE (1+2) Date of last payment 1 Afghanistan , , , Apr-09 2 Azerbaijan , , , May-08 3 Georgia ,753,065 2,753,065 2,753, Feb-09 4 Kyrgyzstan - 3,371 3,371 5, , , , Dec-08 5 Tajikistan - 1,506 6,310 7,816 5, , , , Dec-08 TOTAL - 1,506 9,681 11,187 10,315 4,356,066 4,366,381 4,377,568 * Amount excluded from payment plans approved by the General Conference at its 32nd session Instalments due under payment plans Note : (A) This is the total to be paid by each Member State in order to obtain voting rights under the cumulative provisions of Article IV.C.8(b) of the Constitution and Rule 83, paragraph 9, of the Rules of Procedure of the General Conference

9 SCHEDULE 2 ARREARS OF CONTRIBUTIONS OF MEMBER STATES INVOKING THE PROVISIONS OF ARTICLE IV.C, PARAGRAPH 8(C) OF THE CONSTITUTION AT 30 JUNE 2009 CONTRIBUTIONS DUE 35 C/12 - page 8 Date of request Member States Advances Instalments on Amount to be TOTAL due to WCF payment plans rescheduled* USD USD USD USD USD USD USD USD USD USD USD USD USD Date of last payment 15-Jun-09 Georgia - - 2,753,065 - February 2009 TOTAL ,753,065 - TOTAL * Amount excluded from payment plans approved by the General Conference at its 32nd session

10 35 C/12 - page 9 SCHEDULE 3 REQUESTS MADE FOR VOTING RIGHTS AND PERMISSION GRANTED BY THE GENERAL CONFERENCE AT ITS LAST FIVE SESSIONS Sessions at which requests made and permission to vote granted are crossed as appropriate. Annex No. Communications received date Member States 30th 31st 32nd 33rd 34th 1 15 June 09 Georgia X X

11 ANNEX 1 35 C/12 Annex 1

12 35 C/12 Annex 1 - page 2

13 35 C 35 C/12 Add. 7 September 2009 Original: English Item 1.3 of the provisional agenda REPORT BY THE DIRECTOR-GENERAL ON COMMUNICATIONS RECEIVED FROM MEMBER STATES INVOKING THE PROVISIONS OF ARTICLE IV.C, PARAGRAPH 8(c), OF THE CONSTITUTION ADDENDUM PART II UPDATE OF INFORMATION ON CONSIDERATION OF INDIVIDUAL COMMUNICATIONS Paragraphs 11 and 12 below update and replace paragraphs 11 and 12 of document 35 C/ Since 30 June 2009, 11 Member States have paid the required amount to vote at the General Conference at its 35th session. As of 31 August 2009, 29 Member States had contribution arrears in excess of the levels allowed in the Constitution with regard to voting rights as compared to 26 in the previous biennium at the same period. Details are provided in Schedule 1. These Member States can be classified in several groups: Eleven of them have arrears under payment plans approved at previous sessions of the General Conference. Sixteen of them have contribution arrears in excess of the levels allowed in the Constitution with regard to voting rights but no payment plans. Two of them are part of the group of five Member States for which the General Conference at its 32nd session approved payment plans covering only partially the outstanding arrears with a commitment to submit at the 35th session of the General Conference a progress report for the purpose of reconsidering the rescheduling of their arrears in the light of their capacity to pay at that time. Those two Member States have respected their payment plans and pay their annual contribution but have to submit a proposal for rescheduling the outstanding balance. In April 2009 special letters were sent to the Member States of this group drawing attention to the requirement to submit a new payment plan to the General Conference for its approval at its 35th session.

14 35 C/12 Add. page Since 30 June 2009 one new formal communication has been received from a Member State invoking the provisions of Article IV.C, paragraph 8(c) of the Constitution. At the time of finalizing this report, two Member States have submitted such communications. Schedule 2 shows the analysis of arrears of those Member States by biennium and the date of their last payments. Schedule 3 provides the history of requests for voting rights and permission granted by the General Conference to those Member States at the preceding five sessions of the General Conference, and has attached as Annex 2, reproduction of the last communications received. SUMMARY OF SCHEDULES Schedule 1. Member States at risk of losing voting rights at 31 August Schedule 2. Arrears of contributions of Member States invoking the provisions of Article IV.C, paragraph 8(c), of the Constitution at 31 August Schedule 3. Requests made for voting rights and permission granted by the General Conference at its last five sessions. Annex 2: communication received.

15 35 C/12 Add. - page 3 SCHEDULE 1 MEMBER STATES AT RISK OF LOSING VOTING RIGHTS AS AT 31 August 2009 Arrears of contributions Instalments due under payment plans Member States Working Capital Fund 2005 and prior years Total arrears 2008 and prior years 2009 Total instalments TOTAL ARREARS (A) Date of last payment 1 Afghanistan (1) May-09 2 Antigua and Barbuda - 42,993 17,657 60, , Dec-08 3 Cape Verde 10-7,062 7, , Oct-07 4 Central African Republic - 6,357 7,062 13, , , , Mar-09 5 Comoros 40 6,357 7,062 13, ,990 75, , , Oct-03 6 Costa Rica , , , Jul-09 7 Democratic Republic of the Congo 30-21,169 21, , Oct-05 8 Dominica 10-7,062 7, , Oct-07 9 Georgia (1) Feb Guinea 10-14,125 14, , Sep Guinea-Bissau 10-7,062 7, ,955 51, , , Jan Iraq - 4,767, ,466 4,877, ,877, Aug Kyrgyzstan (1) ,629 1,629 1, Jul Liberia ,587 35,587 71,174 71, Oct Libyan Arab Jamahiriya , , , Oct Marshall Islands 10-7,062 7, , Oct Mauritania 10-3,469 3, , Aug Micronesia 10-2,013 2, , Sep Myanmar 50-52,968 53, , Sep Niger ,427 21,427 21, Sep Palau 10-5,815 5, , Mar Panama ,589 14, , Apr Papua New Guinea 20-17,657 17, , Oct Peru , , , Mar Sao Tome and Principe ,316 40,316 80,632 80, Sep Sierra Leone 10 6,310 7,062 13,382 35,935 14,108 50,043 63, Dec Somalia ,492 7, , , Dec Tajikistan (1) - - 1,506 1, ,000 5,315 6, Dec Vanuatu 10-3,055 3, , Oct-07 TOTAL 920 5,172, ,295 5,840, , ,881 1,322,197 7,162,830 (1) MEMBER STATES AT RISK OF LOSING VOTING RIGHTS IF A NEW PAYMENT PLAN IS NOT SUBMITTED AS PER 32C/RESOLUTION 67.II Arrears and contributions due Instalments due under payment plans Member States Working Capital Fund and prior biennia Total (1) 2009 and prior years Amount to be rescheduled* Total (2) TOTAL DUE (1+2) Date of last payment 1 Afghanistan , , , May-09 2 Georgia ,753,065 2,753,065 2,753, Feb-09 3 Kyrgyzstan - 3,371 3,371 1, , , , Jul-09 4 Tajikistan - 1,506 6,310 7,816 5, , , , Dec-08 TOTAL - 1,506 9,681 11,187 6,944 4,247,552 4,254,496 4,265,683 * Amount excluded from payment plans approved by the General Conference at its 32nd session Note : The column "TOTAL ARREARS (A)" shows the total to be paid by each Member State in order to obtain voting rights under the cumulative provisions of Article IV.C.8(b) of the Constitution and (A) Rule 83, paragraph 9, of the Rules of Procedure of the General Conference.

16 SCHEDULE 2 ARREARS OF CONTRIBUTIONS OF MEMBER STATES INVOKING THE PROVISIONS OF ARTICLE IV.C, PARAGRAPH 8(C) OF THE CONSTITUTION AT 31 AUGUST 2009 CONTRIBUTIONS DUE. 35 C /12 Add. - page 4 Date of request Member States Advances due to WCF Instalments on payment plans Amount to be rescheduled* USD USD USD USD USD USD USD USD USD USD USD USD USD TOTAL Date of last payment 15-Jun-09 Georgia ,753,065 2,753,065 February Sep-09 Iraq ,733 1,026,533 1,059, , , , , , ,877,375 August 2009 TOTAL ,733 1,026,533 1,059, , , , , ,466-2,753,065 7,630,440 * Amount excluded from payment plans approved by the General Conference at its 32nd session

17 35 C/12 Add. - page 5 SCHEDULE 3 REQUESTS MADE FOR VOTING RIGHTS AND PERMISSION GRANTED BY THE GENERAL CONFERENCE AT ITS LAST FIVE SESSIONS Annex N Communications received date Sessions at which request made and permission to vote granted are crossed as appropriate Member States 30th 31st 32nd 33rd 34th 1 15-Jun-09 Georgia X X 2 01-Sep-09 Iraq X X X X X

18 Annex 2 35 C/12 Add. Annex 2

19 35 C 35 C/12 Add. 2 5 October 2009 Original: English Item 1.3 of the provisional agenda REPORT BY THE DIRECTOR-GENERAL ON COMMUNICATIONS RECEIVED FROM MEMBER STATES INVOKING THE PROVISIONS OF ARTICLE IV.C, PARAGRAPH 8(c), OF THE CONSTITUTION ADDENDUM 2 OUTLINE Background: This present document transmits to the General Conference the decision adopted by the Executive Board at its 182nd session after the consideration of document 182 EX/37 and Add. on communications received from Member States invoking the provisions of Article IV.C, paragraph 8 (c) of the Constitution, and provides update of information as of 30 September Decision required: paragraph During the debate on this item at the 182nd session of the Executive Board, the Finance and Administrative Commission considered that the present Rules of Procedure of the General Conference allowing the Member States to present their requests until the third day after the commencement of the General Conference is in the interest of the concerned Member States but prevented the Board from playing an effective role in this matter. After consideration of documents 182 EX/37 and Add. and the debate at the Finance and Administrative Commission, the Executive Board adopted the following decision: 1. Having examined document 182 EX/37 and Add., 2. Recalling the constitutional obligation of Member States to pay their contributions fully and on time,

20 35 C/12 Add. 2 page 2 3. Taking into account the history of payment of contributions in preceding years and previous requests for voting rights in the case of each of these Member States, as well as the measures proposed by them to eliminate their arrears, 4. Requests the Director-General to transmit the communications received invoking the terms of Article IV.C, paragraph 8(c) of the Constitution to the General Conference for decision; 5. Requests the General Conference not to submit such communications to the Executive Board any longer, in view of the lack of relevant information and of Rule 83, paragraph 5, of the Rules of Procedure of the General Conference. UPDATE OF INFORMATION ON CONSIDERATION OF INDIVIDUAL COMMUNICATIONS (paragraphs 11 and 12 of document 35 C/12 Add.) 2. Since 31 August 2009, eight Member States have paid the required amount to vote at the General Conference at its 35th session. As of 30 September 2009, 21 Member States had contribution arrears in excess of the levels allowed in the Constitution with regards to voting rights as compared to 21 in the previous biennium at the same period. Details are provided in Schedule 1. These Member States can be classified in several groups: Seven of them have arrears under payment plans approved at previous sessions of the General Conference. Twelve of them have contribution arrears in excess of the levels allowed in the Constitution with regards to voting rights but no payment plans. Two of them are part of the group of five Member States for whom the General Conference at its 32nd session approved payment plans covering only partially the outstanding arrears with a commitment to submit at the 35th session of the General Conference a progress report for the purpose of reconsidering the rescheduling of their arrears in the light of their capacity to pay at that time. Those two Member States have respected their payment plans and pay their annual contribution but have to submit a proposal for rescheduling the outstanding balance. In April 2009, special letters were sent to the Member States of this group of which attention was drawn to the requirement of submitting a new payment plan to the General Conference for its approval at its 35th session. 3. Since 31 August 2009, one new formal communication has been received from a Member State invoking the provisions of Article IV.C, paragraph 8(c) of the Constitution. At the time of finalizing this report, three Member States have submitted such communications. Schedule 2 shows the analysis of arrears of those Member States by biennium and the date of their last payments. Schedule 3 provides the history of requests for voting rights and permission granted by the General Conference to those Member States at the preceding five sessions of the General Conference, and has attached as Annex 3, reproduction of the last communication received. SUMMARY OF SCHEDULES Schedule 1. Member States at risk of losing voting rights at 30 September Schedule 2. Arrears of contributions of Member States invoking the provisions of Article IV.C, paragraph 8(c), of the Constitution at 30 September Schedule 3. Requests made for voting rights and permission granted by the General Conference at its last five sessions. Annex 3: communication received.

21 35 C/12 Add. 2 page 3 4. The General Conference may wish to adopt a resolution along the following lines: The General Conference, Having considered the communications received from (names of Member States to be inserted) invoking the terms of Article IV.C, paragraph 8(c), of the Constitution in order to obtain permission to take part in the voting at its 35th session, Recalling the constitutional obligation of Member States to pay their contributions fully and on time, Taking into account the history of payment of contributions in preceding years and previous requests for voting rights in the case of each of these Member States, as well as the measures proposed by them to eliminate their arrears, Noting that (names of Member States) have subsequent to their requests paid the amounts required for voting rights in conformity with Article IV.C, paragraph 8(b), of the Constitution, Considers that the failure of (names of Member States) to pay contributions for an amount exceeding the total due for the current year and the immediately preceding calendar year and/or installments on payment plans is due to conditions beyond their control and decides that these Member States may take part in the voting at the 35th session of the General Conference; Further considers that the failure of (names of Member States) to pay contributions for an amount exceeding the total due for the current year and the immediately preceding calendar year and/or installments on payment plans does not comply with the conditions laid down in Rule 83 of the Rules of Procedure of the General Conference and consequently these Member States may not take part in the voting at the 35th session of the General Conference; Invites the Director-General to report to the 185th and 187th sessions of the Executive Board as well as to the 36th session of the General Conference on the actual position concerning all payment plans agreed upon between UNESCO and Member States in arrears with their contributions; Takes note of 182 EX/Decision 37 and resolves that communications received from Member States invoking the provisions of Article IV.C, paragraph 8 (c) of the Constitution be no longer submitted to the Executive Board for consideration, but be submitted directly to the General Conference for examination.

22 35 C/12 Add.2 - page 4 SCHEDULE 1 MEMBER STATES AT RISK OF LOSING VOTING RIGHTS AS AT 30 SEPTEMBER 2009 Arrears of contributions Instalments due under payment plans Member States Working Capital Fund 2005 and prior years Total arrears 2008 and prior years 2009 Total instalments TOTAL ARREARS (A) Date of last payment 1 Antigua and Barbuda - 42,993 17,657 60, , Dec-08 2 Cape Verde 10-7,062 7, , Oct-07 3 Central African Republic - 6,357 7,062 13, , , , Mar-09 4 Comoros 40 6,357 7,062 13, ,990 75, , , Oct-03 5 Democratic Republic of the Congo 30-21,169 21, , Oct-05 6 Dominica 10-7,062 7, , Oct-07 7 Georgia (1) Feb-09 8 Guinea 10-14,125 14, , Sep-07 9 Guinea-Bissau 10-7,062 7, ,955 51, , , Jan Iraq - 4,767, ,466 4,877, ,877, Aug Kyrgyzstan (1) ,629 1,629 1, Jul Liberia ,587 35,587 71,174 71, Oct Marshall Islands 10-7,062 7, , Oct Mauritania 10-3,469 3, , Aug Micronesia 10-2,013 2, , Sep Palau 10-5,815 5, , Mar Panama ,589 14, , Apr Sao Tome and Principe ,316 40,316 80,632 80, Sep Sierra Leone 10 6,310 7,062 13,382 35,935 14,108 50,043 63, Dec Somalia ,492 7, , , Dec Tajikistan (1) Sep-09 TOTAL 220 5,172, ,211 5,417, , ,968 1,089,969 6,507,818 (1) MEMBER STATES AT RISK OF LOSING VOTING RIGHTS IF A NEW PAYMENT PLAN IS NOT SUBMITTED AS PER 32C/RESOLUTION 67.II Arrears and contributions due Instalments due under payment plans Member States Working Capital Fund and prior biennia Total (1) 2009 and prior years Amount to be rescheduled* Total (2) TOTAL DUE (1+2) Date of last payment 1 Georgia ,753,065 2,753,065 2,753, Feb-09 2 Kyrgyzstan - - 3,371 3,371 1, , , , Jul-09 3 Tajikistan , , , Sep-09 TOTAL - - 3,371 3,371 1,629 3,935,139 3,936,768 3,940,139 * Amount excluded from payment plans approved by the General Conference at its 32nd session Note : The column "TOTAL ARREARS (A)" shows the total to be paid by each Member State in order to obtain voting rights under the cumulative provisions of Article IV.C.8(b) of the Constitution (A) and Rule 83, paragraph 9, of the Rules of Procedure of the General Conference.

23 SCHEDULE 2 ARREARS OF CONTRIBUTIONS OF MEMBER STATES INVOKING THE PROVISIONS OF ARTICLE IV.C, PARAGRAPH 8(C) OF THE CONSTITUTION AT 30 SEPTEMBER 2009 CONTRIBUTIONS DUE Date of request Member States Advances due to WCF Instalments on payment plans Amount to be rescheduled* TOTAL USD USD USD USD USD USD USD USD USD USD USD USD Date of last payment 15-Jun-09 Georgia ,753,065 2,753,065 February Sep-09 Iraq - 644,733 1,026,533 1,059, , , , , , ,877,375 August Sep-09 Sierra Leone 10 6,310 7,062 50,043-63,425 December 2006 TOTAL ,733 1,026,533 1,059, , , , , ,528 50,043 2,753,065 7,693,865 * Amount excluded from payment plans approved by the General Conference at its 32nd session 35 C/12 Add.2 - page 5

24 35 C/12 Add.2 - page 6 SCHEDULE 3 REQUESTS MADE FOR VOTING RIGHTS AND PERMISSION GRANTED BY THE GENERAL CONFERENCE AT ITS LAST FIVE SESSIONS Annex N Communications received date Sessions at which request made and permission to vote granted are crossed as appropriate Member States 30th 31st 32nd 33rd 34th 1 15-Jun-09 Georgia X X 2 01-Sep-09 Iraq X X X X X 3 28-Sep-09 Sierra Leone X X

25 ANNEX III 35 C/12 Add.2 Annex III Cables: UNESCO MINEDUC Telefax: REF. NO. ME (H) 131 SIERRA LEONE NATIONAL COMMISSION FOR UNESCO The Director-General United Nations Educational, Scientific and Cultural Organization 7 Place de Fontenoy Paris 07 SP France MINISTRY OF EDUCATION SCIENCE AND TECHNOLOGY A.J. MOMOH STREET TOWER HILL, FREETOWN REPUBLIC OF SIERRA LEONE 28 September 2009 Dear Sir, RE FINANCIAL CONTRIBUTION TO UNESCO I write with reference to the above subject and to inform you that Sierra Leona has and continues to make frantic efforts to honour her financial commitments to UNESCO through payment of arrears of financial contributions. However the rapid depreciating rate of our local currency coupled with the current global financial crisis, has adversely affected our local economy as a post-conflict country. Furthermore the new government of H.E. Dr Ernest Bai Koroma is at the moment faced with very serious challenges in tackling some of the most urgent problems of reducing illiteracy, endemic poverty and high infant mortality in the country. It is against this background that we are requesting that concession be granted to Sierra Leone for deferred payment of financial contributions. We are also requesting that Sierra Leone be granted voting rights during the General Conference in accordance with Paragraph 8(c) of Article IV of the constitution. Whilst thanking you in anticipation of your kind understanding, please accept Sir, the assurances of our highest considerations. B.I.S. Konneh SECRETARY GENERAL cc. Comptroller Printed on recycled paper