Meeting of the States parties

First Meeting

New York, 31 May 2011

Item 4 of the provisional agenda

Adoption of the rules of procedure for the meeting

Provisional rules of procedure of the meetings of the States parties to the International Convention for the Protection of all Persons from Enforced Disappearance

Note by the Secretary-General*

I. Representation and credentials

Rule 1

Each State party to the International Convention for the Protection of All Persons from Enforced Disappearance(hereinafter referred to as the Convention) shall be represented at the meeting of States parties (hereinafter referred to as the meeting) by an accredited representative. If more than one representative is named, one shall be designated as the head of the delegation. Each delegation may also include such alternate representatives and advisers as may be required.

Rule 2

The credentials of representatives and the names of members of a delegation shall be submitted to the Secretary-General of the United Nations, if possible not later than one week before the date fixed for the opening of the meeting. The credentials shall be issued by the Head of State or Government or by the Minister for Foreign Affairs. The Secretary-General shall report to the meetings on the credentials.

Rule 3

Pending the decision of the meeting upon the report on credentials, the representatives of the participating States parties shall be entitled provisionally to participate in the meeting.

II. Officers

Rule 4

The meeting shall elect a Chairperson and one to four Vice-Chairpersons from among the representatives of the States parties.

Rule 5

If the Chairperson is absent from a meeting or any part thereof, a Vice-Chairperson nominated by him or her shall preside. The Vice-Chairperson, when acting as Chairperson, shall have the same powers and duties as the Chairperson.

Rule 6

The Chairperson or Vice-Chairperson acting as Chairperson may in his or her capacity as representative appoint one of his or her alternates or advisers to participate in the proceedings and to vote in the meetings in his or her place. In such a case, the Chairperson or Acting Chairperson shall not vote.

III. Secretariat

Rule 7

The Secretary-General of the United Nations shall be responsible for making the arrangements connected with the meeting. He or his representatives may participate in the meetings and may make either oral or written statements to the meeting concerning any question under consideration.

IV. Conduct of business

Rule 8

A quorum shall be constituted by the representatives of two thirds of the States parties to the Convention.

Rule 9

The Chairperson shall declare the opening and closing of each meeting, and at such meeting shall direct the discussions, accord the right to speak, put questions to the vote, announce decisions, rule on points of order and, subject to these rules of procedure, have complete control of the meeting. In exercising these functions the Chairperson shall remain under the authority of the meeting.

V. Voting

Rule 10

Each State party represented at the meeting shall have one vote.

Rule 11

Decisions of the meeting shall be made by a majority of the representatives present and voting except as regards the election of the members of the Committee on Enforced Disappearances, which shall be conducted in accordance with rules 13 and 14 of these rules of procedure.

Rule 12

For the purposes of these rules, the phrase “representatives of States parties present and voting” shall mean representatives casting an affirmative or a negative vote. Representatives who abstain from voting are considered as not voting.

VI. Election of the members of the Committee on Enforced Disappearances

Rule 13

1.Members of the Committee on Enforced Disappearances shall be experts of high moral standing, impartiality and recognized competence in the field covered by the Convention, who shall serve in their personal capacity.

2.The members of the Committee on Enforced Disappearances shall be elected by secret ballot by the States parties from a list of persons nominated by the States parties, due consideration being given to equitable geographical distribution, relevant legal experience and balanced gender representation. The list of all persons nominated shall be prepared by the Secretary-General and submitted to the States parties in conformity with the Convention.

3.Each State party may nominate one person from among its own nationals

Rule 14

Elections of members of the Committee on Enforced Disappearances shall be held by secret ballot.

Rule 15

The persons elected to the Committee on Enforced Disappearances shall be those nominees who obtain in the first ballot the largest number of votes and an absolute majority of the votes of the representatives of States parties present and voting. If the number of candidates obtaining majority is less than the number of persons to be elected, there shall be additional ballots to fill the remaining places, the voting being restricted to the candidates who obtained the largest number of votes in the previous ballot and candidatures being limited to not more than twice the places remaining to be filled, provided that, after the third inconclusive ballot, votes may be cast for any eligible nominee.

VII. Languages

Rule 16

Arabic, English, French, Russian and Spanish shall be the official and the working languages of the meeting.

VIII. Records

Rule 17

Official records of the meeting shall be drawn up by the Secretariat of the United Nations in the working languages.

Rule 18

The text of all formal decisions adopted by the meeting shall be distributed by the Secretary-General of the United Nations in the official languages as soon as possible after the meeting.

IX. Publicity

Rule 19

The meetings shall be held in public unless decided otherwise.

X. Reference to the rules of procedure of the General Assembly

Rule 20

Any procedural matters arising at meetings of States parties which are not covered by these rules shall be dealt with by the Chairperson in the light of the rules of procedure of the General Assembly of the United Nations which may be applicable to the matter at issue.

XI. Amendments

Rule 21

These rules of procedure may be amended by a decision of the meeting of the States parties to the Convention, provided that the amendment is not inconsistent with the provisions of the Convention.

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