39th session, Paris, 2017 nom

39 C/NOM/DR.1
3 November 2017
Nominations Committee Original: English

Item 13.1 of the agenda

DRAFT RESOLUTION
Submitted by Portugal on behalf of the Member States of
the Electoral Group I (Andorra, Austria, Belgium, Canada,
Cyprus, Denmark, Finland, France, Germany, Greece,
Iceland, Ireland, Israel, Italy, Luxembourg, Malta, Monaco,
Netherlands, Norway, Portugal, San Marino, Spain,
Sweden, Switzerland, Turkey, United Kingdom of Great
Britain and Northern Ireland and United States of America)

Election of Members of the Executive Board

Replacement of the United States of America in the
Executive Board of UNESCO

The General Conference,

Considering the official notification letter of the United States of
America of 11 October 2017 to withdraw from UNESCO,
Recalling Article II.6 of the Constitution which provides that “Any
Member State or Associate Member of the organization may
withdraw from the Organization by notice addressed to the Director-
General. Such a notice shall take effect on 31 December of the year
39 C/NOM/DR.1 – page 2

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 States or other authority having responsibility for its
international relations.”,
Further recalling Article V.A.5 of the Constitution which provides that
“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”,
Noting that neither the Constitution nor the Rules of Procedures of
the General Conference of UNESCO provide guidance on the
replacement of Members of the Executive Board between two
ordinary sessions of the General Conference,
Recalling Article V A. 4. (a) Members of the Executive Board shall
serve from the close of the session of the General Conference which
elected them until the close of the second ordinary session of the
General Conference following their 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.
Recognizing nevertheless the critical importance for any Electoral
Group of UNESCO to be fully and equitably represented in the
Executive Board at any time, for the ultimate interest of the
Organization,
Noting with concern that a precedent could be established unless
there are amendments to Articles II and V of the Constitution that
would make it possible to address the existing legal lacunae in order
to fill the vacancies on the Executive Board as a result of the
withdrawal of a Member State from UNESCO,
Acknowledging that from Electoral Group I there are four candidates
to fill the three vacancies occurring at the end of the 39th session of
the General Conference under the item 13.1 “Elections of Members
of the Executive Board”,
 39 C/NOM/DR.1 – page 3

Also acknowledging the need to review the representation of different

Electoral Groups at the Executive Board in the event of the admission
or effective withdrawal of any Member State,
1. Decides, on an exceptional basis, that the replacement of the
United States of America in the Executive Board shall occur
immediately from the date its withdrawal from UNESCO takes
effect, or from an earlier date should the United States of America
decide to leave the Executive Board before its effective
withdrawal from UNESCO, until the end of the 40th ordinary
session of the General Conference;
2. Further decides that the replacement of the United States of
America in the Executive Board shall result from the elections
taking place at the 39th session of the General Conference under
the item 13.1 “Elections of Members of the Executive Board”;
3. Exceptionally Aagrees that the Group I candidate obtaining the
less fewest number of votes under the item 13.1 “Elections of
Members of the Executive Board” at the 39th session of the
General Conference shall fill the seat left vacant by be elected
exceptionally appointed to replace the United States of America
from the effective date of its withdrawal from UNESCO, or from
an earlier date should the United States of America decide to
leave the Executive Board before its effective withdrawal from
UNESCO, until the end of the 40th ordinary session of the
General Conference.

4. Also agrees that this decision cannot be invoked as a precedent

when a Member State withdraws from the Organization.

5. Decides to review the composition of Electoral Groups for the

purpose of elections to the Executive Board and the distribution
of seats on the Executive Board as contained in Appendix 2 of
the Rules of Procedure of the General Conference prior to the
elections at its 40th session;
Adopted with amendments in Room XI on 6 November 2017 at 14:03.