DRAFT AMENDMENT TO ARTICLE VI, PARAGRAPH 2, OF THE CONSTITUTION

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1 General Conference 30th Session, Paris C 30 C/50 23 July 1999 Original: English Item 6.4 of the provisional agenda DRAFT AMENDMENT TO ARTICLE VI, PARAGRAPH 2, OF THE CONSTITUTION OUTLINE Source: Item proposed by New Zealand. Background: A draft amendment to Article VI, paragraph 2, of the Constitution is proposed by New Zealand for adoption by the General Conference. Purpose: The purpose of the proposed draft amendment by New Zealand is to impose an eight-year term limit on the office of Director-General. It is the opinion of New Zealand that the present provision which entitles the Director-General to be elected to a sixyear term, with the possibility of his being appointed for a further term of six years is too long for a major organization like UNESCO. The draft amendment proposes that the Director-General be appointed by the General Conference for six years, with an additional possible term of two years and no eligibility for a subsequent term. The appropriate procedure for amendments to the Constitution is described in paragraphs 4 and 5 below. 1. In a letter dated 21 April 1999, the Permanent Delegate of New Zealand forwarded to the Director-General, a draft amendment to Article VI, paragraph 2, of the Constitution, which the Government of New Zealand is proposing for adoption by the General Conference at its 30th session. 2. In accordance with Article XIII.1 of the Constitution and Rule 113 of the Rules of Procedure of the General Conference, the Director-General communicated the draft amendment under cover of circular letter CL/3516 dated 26 April 1999.

2 30 C/50 - page 2 3. The letter from the Permanent Delegate of New Zealand and the draft amendment and the accompanying explanatory memorandum are reproduced in full in the annex to this document. 4. The procedure for amending the Constitution of UNESCO is laid down in Article XIII of the Constitution and Rules 113 to 116 of the Rules of Procedure of the General Conference. 5. In accordance with Rule 88, subparagraph 1(e) of the Rules of Procedure of the General Conference, an amendment to the Constitution requires an affirmative decision of the General Conference taken by a two-thirds majority of Member States present and voting.

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4 30 C/50 - page 4 Proposed amendment to the UNESCO Constitution regarding the term of office of the Director-General Replace present paragraph 2 of Article VI with the following (the proposed changes are underlined): 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 two years but shall not be eligible for reappointment to a subsequent term. The Director-General shall be the Chief Administrative Officer of the Organization.

5 30 C/50 - page 5 Explanatory memorandum Proposed constitutional amendment Term of office of the Director-General of UNESCO International organizations need dynamism, dedication and objectivity in their management, particularly at the senior levels. In a rapidly changing world, they benefit from an ongoing process of appraisal and from the injection of new ideas. Where the head of an organization is performing well, he or she should have the opportunity to serve for a sufficient period to contribute significantly to the work of the agency. However, there is growing international recognition that there ought now to be a limit on the tenure in office of those at the higher levels of management. While there is no uniformity of practice among the United Nations agencies, there have been moves in recent years to set reasonable upper limits on the length of tenure of office for their executive heads. In the case of UNESCO, the Director-General is elected for a six-year term, with the right of re-election for a further period of six years. This provision was adopted at the 25th session of the General Conference in Modern management practice indicates that 12 years is too long for one persons to run the affairs of a major organization such as one of the most important bodies in the United Nations system. The imminent retirement of the present Director-General of UNESCO means that this matter can be considered without reference to the particular situation of any individual person. However, in taking the decision at the 30th session of the General Conference, the incoming Director-General would be bound by the new provision.

6 General Conference 30th Session, Paris C 30 C/50 Add. 2 September 1999 Original: English Item 6.4 of the provisional agenda PROPOSED CHANGE TO THE AMENDMENT SUBMITTED BY NEW ZEALAND TO ARTICLE VI, PARAGRAPH 2, OF THE CONSTITUTION OUTLINE Source: Item proposed by New Zealand. Background: A change proposed by Canada to the draft amendment to Article VI, paragraph 2, of the Constitution submitted by New Zealand. Purpose: The purpose of the proposed draft is to limit the office of the Director- General to two four-year terms without eligibility for a subsequent term instead of a six-year term with a possibility for the Director-General to be appointed for a further term of two years as proposed by New Zealand in its draft amendment. 1. The Director-General received from the Permanent Delegate of Canada a letter dated 22 July 1999 containing a proposed change to the draft amendment to Article VI, paragraph 2, of the Constitution submitted by the Government of New Zealand in connection with the term of office of the Director-General. 2. In pursuance of Rule 114 of the Rules of Procedure of the General Conference, the proposal of Canada was communicated to Member States and Associate Members under cover of CL/3523 dated 26 July The proposal in question is reproduced as an annex to this document.

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