Rules of Procedure
Annex I (a)
Recommendations and suggestions of the Special Committee on Methods and Procedures of the General Assembly approved by the Assembly (b)
Consideration by the General Assembly of international conventions negotiated by conferences of government representatives of all Member States
13. The Special Committee found that in the past some of the Main Committees of the General Assembly had devoted a particularly large number of meetings to the detailed consideration, article by article, of texts of international conventions. This was even the case where the text of a convention had been drawn up by an international conference on which all Member States had been represented. It was pointed out in this connection that experience had shown that a Main Committee, by the very fact of its size, was not particularly fitted to draft conventions, and that when it was entrusted with the detailed study of conventions, it often did not have time to deal satisfactorily with the other questions for which it was responsible.
The Special Committee recognizes the importance of the sponsorship of conventions by the General Assembly. It believes that the authority of the General Assembly and the powerful influence its debates have on public opinion should, in many cases, be used for the benefit of international cooperation. It therefore favours the retention by the General Assembly of the necessary freedom of action.
The Special Committee therefore confines itself to recommending that when conventions have been negotiated by international conferences in which all the Members of the United Nations have been invited to take part, and on which they have been represented, not only by experts acting in a personal capacity but by representatives of Governments, and when these conventions are subsequently submitted to the General Assembly for consideration, the Assembly should not undertake a further detailed examination, but should limit itself to discussing them in a broad manner and to giving its general views on the instruments submitted to it. After such a debate, the General Assembly could, if desirable, adopt the conclusions reached by the conferences and recommend to Members the acceptance or ratification of such conventions.
This procedure might be applied in particular to conventions submitted to the General Assembly as a result of conferences of all Member States convened by the Economic and Social Council under Article 62, paragraph 4, of the Charter.
Consideration by the General Assembly of international conventions prepared by experts or by conferences in which not all Member States take part - drafting of legal texts
14. Furthermore, when it is proposed that the General Assembly should consider conventions prepared by groups of experts not acting as governmental representatives, or by conferences in which not all Members of the United Nations have been invited to take part, it would be advisable for the General Committee and the General Assembly to determine whether one of the Main Committees, especially the Legal Committee, would have enough time during the session to examine these conventions in detail, or whether it would be possible to set up an ad hoc committee to undertake this study during the session.
If this is not possible, the Special Committee recommends that the General Assembly should decide, after or without a general debate on the fundamental principles of the proposed convention, that an ad hoc committee should be established to meet between sessions. Alternatively, the General Assembly might decide to convene a conference of plenipotentiaries, between two of its own sessions, to study, negotiate, draft, and possibly sign, the convention. The conference of plenipotentiaries might be empowered by the General Assembly to transmit the instruments directly to Governments for acceptance or ratification. In this case too, the General Assembly might, at a subsequent session, express its general opinion on the convention resulting from the conference, and might recommend to Members its acceptance or ratification.
With regard to the drafting of legal texts, the Special Committee strongly recommends that small drafting committees should be resorted to whenever possible.
Meetings of the General Committee and of the Main Committees
20. In order that more frequent meetings of the General Committee should not delay the work of plenary and committee meetings, the Special Committee wishes to mention that it would be desirable for the General Committee to be enabled to meet, whenever necessary, at the same time as the plenary or the Main Committees. (In such cases, one of the Vice-Presidents could take the chair at plenary meetings and the Vice-Chairman could replace the Chairman at Main Committee meetings.)
The Special Committee also considers that, in order to save time at the beginning of the session, some of the Main Committees should not wait until the end of the general debate before starting their work.
Allocation of agenda items to the Main Comittees
22. In the past, some of the Main Committees have been allocated more items requiring prolonged consideration than have others. This has especially been the case for the First Committee. The Special Committee noted, however, that, during the third session of the General Assembly, exception had been made to the principle laid down in rule 89 [Rule 97 of the present rules of procedure], that "items relating to the same category of subjects shall be referred to the committee or committees dealing with that category of subjects".
The Special Committee feels that the allocation of items to committees might be effected in a less rigid manner and that questions which may be considered as falling within the competence of two or more committees should preferably be referred to the committee with the lightest agenda.
Consideration of agenda items in plenary meetings without prior reference to a Main Committee
23. Another means of lightening the task of any given Main Committee would be to consider directly in plenary meeting, without preliminary reference to committee, certain questions which fall within the terms of reference of the Main Committee. This procedure would, moreover, have the great advantage of reducing to a notable extent repetition of debate.
It is felt that the amount of time saved by this method would be considerable, especially if the Main Committee and plenary meetings could be held concurrently.
If the Main Committee could not meet at the same time as the plenary meeting, the fact that the Committee was not meeting would enable another Main Committee to meet in its place.
The consideration of questions in plenary meetings would have the benefit of the attendance of leaders of delegations and of greater solemnity and publicity. The slightly higher cost to the United Nations of plenary meetings, due in particular to the distribution of verbatim records of the meetings, would undoubtedly be compensated by the shorter duration of the session.
The General Committee would be responsible for suggesting to the General Assembly which items on the agenda might be dealt with in this manner. The Special Committee recommends that this method should be introduced on an experimental basis at future sessions.
The Special Committee is of the opinion that this procedure would be especially appropriate for certain questions the essential aspects of which are already familiar to Members, such as items which have been considered by the General Assembly at previous sessions and which do not require either the presence of representatives of non-member States or the hearing of testimony.
The role of the President of the General Assembly, of the Chairmen of committees and of the Secretariat
39. At this point the Special Committee desires to stress once more the importance of the role of the President of the General Assembly and of the Chairmen of committees. The satisfactory progress of the proceedings depends essentially on their competence, authority, tact and impartiality, their respect for the rights both of minorities as well as majorities, and their familiarity with the rules of procedure. The General Assembly, or the committee, as the case may be, is the master of the conduct of its own proceedings. It is, however, the special task of the Chairmen to guide the proceedings of these bodies in the best interests of all the Members.
The Special Committee considers that everything possible should be done to help Chairmen in the discharge of these important functions. The President of the General Assembly and the General Committee should assist the Chairmen of committees with their advice. The Secretary-General should place his experience and all his authority at their disposal.
The Special Committee is happy to note the Secretariat's valuable practice of holding daily meetings of the committee secretaries, under the chairmanship of the Executive Assistant to the Secretary-General, where the procedural questions arising from day to day in the General Assembly and committees are thoroughly examined. Furthermore, the Special Committee stresses the value of having, as in the past, a legal adviser from the Secretariat in attendance at meetings to give the Chairmen or the committees such advice as they need for the conduct of their business and the interpretation of the rules of procedure.
(a) By resolution 362 (IV) of 22 October 1949, the General Assembly approved various recommendations and suggestions of the Special Committee on Methods and Procedures of the General Assembly which had been established under resolution 271 (III) of 29 April 1949. The Assembly considered these recommendations and suggestions "worthy of consideration by the General Assembly and its committees" and requested the Secretary-General "to prepare a document embodying the above-mentioned recommendations and suggestions in convenient form for use by the General Committee and the delegations of Member States in the General Assembly". In pursuance of this request, the recommendations and suggestions of the Special Committee, as set forth in annex II to resolution 362 (IV), have been reproduced in the present annex.
(b) The paragraph numbers refer to paragraphs of the report of the Special Committee. The full text of the report may be found in the Official Records of the General Assembly Fourth Session, Supplement No. 12 (A/937). Subtitles and footnotes have been inserted by the Secretariat for convenience of reference.