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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

SECOND WORLD HEALTH A S SE" SLY

ENGLISH

COMMITTEE ON CONSTITUTIONAL MATTERS

J PROVISIONAL ЖNUTES OF THE SECOND MEETING

Palazzo Venezia, Rome 15 June 1949, at 3.30 p.m.

CHAIRMAN: Dr. P. V0LLEN1EIDER (Switzerland) RAPPORTEUR: Mr. H.B. CALDERWOOD (United States of America) SECRETARY: Dr. Chandra MANI LEGAL -SECRETARY: M. A. ZARB

CONTENTS

1. Election of Rapporteur 2. Admission of new Members

ORGANISATION MONDIALE

DE LA SANTÉ

A2/Clí/Min/2 i / 15 June 1949

Note: Corrections to these provisional minutes should be submitted in writing to Mr. Richards, Room 203, within 48 hours of their distribution or as soon as possible thereafter.

А2/СМ/Щт/2 о- I ' ¡ ! / 'I !•'

page 2- . 1 • • • •/ () j "¡' • \ i / , •,

1. ELECTION OF RAPPORTEUR; Item 9.2 of the Agenda

The CHAIRMAN informed the committee that the election of the Vice-Chairman would have to be postponed to the next meeting. It could therefore proceed immediately to the election of the Rapporteur. In view of the nature of the committee's work he considered that a lawyer should be selected, and he proposed Mr. Calderwood (United States of America) .

Sir ALY TEWFIK SHOUSHA, Pasha (Egypt) and Dr. FROES (Brazil) seconded the Chairman's proposal";"

Decision; There were no further nominations and Mr. Calderwood was unanimously elected Rapporteur of the committee.

2. ADMISSION OF NEW 'MEMBERS; Item 12 of the Agenda

> / On the invitation of the Chairman, the SECRETARY briefly out-lined the history of the application for membership made by the San Marino Republic. The application had been rejected by the First Health Assembly as the requisite 30 days' notice had not been given. The necessary conditions had now been complied with. The application came under Article 6 of the Constitution, since the San Marino Republic was not at present a member either of the United Nations or of any other specialized agency.

^ Dr. van den BERG (Netherlands) recalled that an excellent procedure had been adopted last year in the appointment of a small committee to consider requests for admission to the Organization. He would strongly advocate the continuation of that procedure ,

i/ Dr. STAMPAR (Yugoslavia) supported the Netherlands proposal. On the Chairman's invitation Dr. VALLI (Republic of San Marino)

stated that although his country was a small one its sovereignty and independence had always been recognized. His Government was extremely anxious to join WHO since it was an international organization with a humanitarian purpose. It was not the political standing of Member States that was important but the achievement of genuine co-operation.

l/пг. BANDARANAIKE (Ceylon) was doubtful as to the necessity of referring the application of the San Marino Republic to a working party as suggested by the Netherlands representative since its case had already been considered at the First Assembly. There could be no doubt that San Marino was a fully sovereign State responsible for its own foreign relations. There could therefore be no objection to its immediate admission to the Organization. He was not in principle opposed to the creation of a working party to consider further applications. That was a question which might be dealt with later, but at the present stage he was anxious not to postpone the admission of the San Marino Republic.

(/Dr. LINDSAY (United Kingdom) agreed with the delegate of Ceylon.

У Ъг . PANTALEONI (Italy) was also in favour of the immediate admission of the San Marino Republic,

J Dr. van den BERG (Netherlands) explained that his proposal related not only to the application for membership by the San Marino Republic but to all applications. Experience had shown that they required very careful consideration.

0 Dr. VILLARAMA (Philippine Republic) pointed out that the credentials of the delegation of the San Marino Republic had been accepted by the Committee on Credentials. He was therefore unable to understand what technical objections could bé raised to its admission to the Organization.

J Dr. STAMPAR (Yugoslavia), while in no way Wishing to restrict the admission of new Members, considered that all applications should be very thoroughly examined so as to establish the status of appli-cants. For instance, the position of South^^t^w^as extremely complicated and would certainly require the expert knowledge of international lawyers. It was for that reason that he was in favour of the Netherlands proposal.

J Sir Aly Tewfik SHOUSHA, Pasha (Egypt) said that presumably the Secretariat had fully studied the question of the status of the Republic of San Marino and he doubted vrtiether there could be any technical objections to its immediate admission. However, a working party might

be set up to consider future applications. /

v M. ZARB, Secretary, pointed out in reply to the delegate of Egypt that the Secretariat could not express any opinion on the status of any applicant for membership since there was a question of political recognition involved.

In connexion with the point raised by the delegate of the Philippine Republic he observed that the Committee on Credentials h'ad very limited terms of reference. The acceptance of credentials could in no way affect the question at issue.

x/ Dr. 5URTZER (United States of America) was in favour of the Netherlands proposal and considered that the applications from both the Republic of San Marino and re-^erret^ a

working party which could then4 report to the committee,

Rajkumari AMRIT KAUR (India) supported the Netherlands proposal on condition that the working party should report to the committee within a very short time.

The CHAIRMAN then closed the debate and put the Netherlands propo-sal for the creation of a working party to consider all applications for membership to the vote.

of the working party! South Africa, Ceylon, Netherlands, Denmark. He asked whether it was the wish of the committee that the applications from both the Republic of San Marino and South Korea should be referred to that working party.

Dr. van den BERG (Netherlands) pointed out that his proposal was that all applications, without exception, should be considered by the working party.

Dr. BANDARANAIKE (Ceylon) observed that when he had voted in favour of the Netherlands proposal he had not realized that it involved the reference of the San Marino application to the working party, as well as future applications. He had cast his vote under a misappre-hension .

Decision; The Netherlands proposal was adopted.

The CHAIRMAN then proposed the following countries for membership

Dr. GSERÁERTS (Belgium) did not consider that any exception should be made in the case of the Republic of San Marino. The procedure adopted last year for referring all applications to a working party was the most satisfactory solution. The anxiety expressed by the delegate of Ceylon that delay would occur over the admission of the Republic of San Marino should be allayed by th fact that if there were no technical objections the working party could dispose of its case with great despatch.

>f Dr. STOYANOFF (Bulgaria) proposed that the working party should be enlarged by the addition of Czechoslovakia and Yugoslavia.

w Dr. VAUCEL (France) could see no objection to increasing the number of the working party, but felt that its geographical composition should be balanced by the inclusion of a representative from one of the South American Republics. He therefore proposed that Uruguay should be included.

Decision! It was agreed that the working party should consist of Ceylon, Czechoslovakia, Denmark, the Netherlands, South Africa, Uruguay, and Yugoslavia.

The Chairman announced that the working party would start work at once in order to report to the committee as quickly as possible.

,/' The DIRECTOR-GENERAL urged that a decision be reached without delay as to the admission of new Members, for which the present meeting had specifically been convened. He hoped that the committee would be able to report to the Assembly at its next meeting, so that the necessary steps could be taken at Lake Success by the governments involved. The position of their delegations at the present Assembly could then be regularized.

The meeting rose at $ p.m.