У

/ UNITED NATIONS NATIONS UNIES

W O R L D H E A L T H

O R G A N I Z A T I O N

ORGANISATION MONDIALE

DELA SANTÉ

SECOND Î/ORLD HEALTH ASSEMBLY A2/CLÇ/6 t S 20 June 1949

ORIGINAL: ENGLISH

]/ DRAFT SECOND REPORT CO'BJITTEE ON CONSTITUTIONAL MAT'TERS

The Committee on Constitutional Matters, at i t s f i f t h meeting on 20 June 1949, took the following decisions:

1. Agreement with the Government of India The Committee unanimously approved the draft Agreement with the

\f Government of India extending privi leges and immunities in India to the Regional Organization for South-East Asia.

The Committee therefore recommends to the Assembly the adoption of the following resolution:

The Second World Health Assembly, acting in pursuance of Chapter XV of the'Constitution, APPROVES the draft agreement between the Government of India and the World Health Organization concerning the privi leges and immunities and f a c i l i t i e s to be granted by the Government of India to the World Health Organization with regard to i t s arrangements in the South-East Asia Region; AUTHORIZES the Director-General or his representative to sign the said agreement on behalf of the tVorld Health Assembly; REQUESTS the Director-General or his representative in furtherance of Artic le XII, Section 33 of the said agreement to noti fy the Government of India of the approval of the said agreement by the

orld Health Assembly.

Agreement with the Government of Egypt Pending the approval by the Government of Egypt of an agreement extending- privi leges and immunities t o the Regional Organization in the Eastern Mediterranean Region, the Committee recommends to the Assembly the adoption of the following -resolution:

The Second World Health Assembly

RESOLVES

(1) That the Director-General be invited to continue negotiations with the Government of Egypt in order to obtain an agreement extending' privi leges and immunities to the Regional Organization of fflO in the Eastern Mediterranean Area, including those persons properly taking part, in order to carry out i t s functions, having regard to the proper interests of the Government of Egypt and having regard to agreements of the same nature which are in force and which have been concluded between the "host" govern-ments and international organizations in several countries;

Document A2/51

А2УСМ/6 page 2

\

> V

(2) That as a provisional measure, and until such agreement comes into force , the Government of Egypt be invited to extend to the regional organizations established on i t s territory," including those persons properly taking part, the privileges and immunities containa-' in the general Convention on thé Privileges and Immun-i t i e s of the Specialized .Agencies, including Annex VII;

(3) That the Director-General be requested to report on the results of negotiations at the next session of the Executive Board.

Report on the Situation with regard to OIHP The Committee discussed the Report of the Executive Board concerning the situation of the Office International d'Hygiène publique. The Committee further took note of a suggestion that in the case where certain parties to the Rome Agreement of 1907 should be unable either to denounce the Rome Agreement or to become parties to the 1946 Pro-toco l , the precedent created for the protection of the interests of certain States Members of the league of Nations but not Members of the United Nations, consequent on the winding up of the League, might be followed by the OIHP. The Committee therefore recommends to the Assembly the adoption of the following resolution: Whereas, forty-nine States have accepted the Protocol of 1946 regar-ding the OIHP; Whereas a certain number of Parties to the Rome Agreement of 1907 have not yet accepted the Protocol or have not otherwise taken steps to denounce the said Agreement; Whereas, i t i s desirable to terminate the Rome Agreement of 1907 and to transfer to WHO, after the complete liquidation of the Off ice , a l l i t s tasks and functions as well as the assets and l i a b i l i t i e s con-cerned; Whereas, certain Governments, Parties to the Rome Agreement of 1907, may be unable to proceed to the denunciation of the said Agreement;

For these reasons,

The Second World Health Assembly

INVITES

(1) Those Parties to the Agreement of 1907 which have not already done so, to denounce the said Agreement, and i f possible, to accept the Protocol of 1946;

(2) Those Governments which are competent to act on behalf of any Party not now in a position to act for i t s e l f , to denounce the Agreement of 1907 and to agree to the dissolution of the Office on behalf of that Party;

(3) Those Governments which are responsible for the conduct of the International relations of any non-self-governing terr i tor ies and which acceded to the Agreement of 1907 on behalf of any such terr i to -r ies , to denounce the Agreement of 1907 and agree to the dissolution of the Office on behalf of any such terr i tor ies ;

2 Off.Rec.World Hith Org. 14, 30, 17, 20

A2/CM/6 page 3

INVITES the Executive Board and the Director-General of MO to keep in touch with the Office International d'Hygiène Publique and to give their assistance i f required in settling the situation which might arise should certain Governments, Parties to the Rome Agreement of 1907, be unable to denounce the said Agreement;

INVITES the Director-General of YtfHO to inform -without delay a l l interested Governments of the text of the present resolution, for such purposes as they may deem f i t .