UNITED NATIONS NATIONS UNIES

WORLD H E A L T H ORGANISATION MONDIALE ORGANIZATION DE LA SANTÉ

THIRD WORLD HEALTH ASSEMBLY A3/53 `' 6 May 1950

ORIGINAL: FRENCH

APPLICATION FOR MEMBERSHIP BY THE KINGDOM OF (Provisional agenda, item 13)

The Government of the Kingdom of Laos has applied fcr membership in the World Health Organization, This request was made within the time limit required by the Rules of Procedure of the Assembly:

The letters exchanged and other relevant informations are reproduced below.

TELEGRAM DATED 7 APRIL 1950 AND LETTER DATED 15 APRIL 1950 FROM THE MINISTRY FOR FOREIGN AFFAIRS OF FRANCE TO THE DIRECTOR- GENERAL: "HAVE HONOUR TO INFORM 17.0 GOVERNMENT LAOS REQUESTS ADMISSION AS MEMBER WORLD HEALTH ORGANIZATION LETTERS GOVERNMENT LACS AND FRENCH GOVERNMENT CONFIRMING APPLICATION WILL BE SENT TO YOU LATER ON"

"On 7 April, I informed you by telegram that the Government of Laos has requested the admissi:n of its country as a member of the World Health Organization

"I have the honour, in the name of the President of the French Union, to confirm this application and to ask if you would kindly include thé request for admission formulated by Laos on the agenda cf the coming World Health Assembly."

EXTRACT FROM THE CONSTITUTION OF THE FRENCH REPUBLIC OF 13 OCTOBER 1946, PROMULGATED 27 OCTOBER 1946

SECTION VIII

Article 60

The French Union shall consist, on the one hand, of the French Republic, comprising and the overseas Departments. and Territories, on the other hand of the Associated Territories and States. A3/53 page2

Article 61

The position of the Associated States within the French Union shall be established for each of them by the instrument defining their relationship to France.

Article 62

The members of the French Union shall combine their entire resources to guarantee the defence of the Union as a whole. The Government of the Tepublic shall assume the co- ordination of these resources and the direction of the appropriate policy for preparing and ensuring the said defence.

Article 63

The central organs of the French Union shall be the Presidency, the Higher Council and the Assembly.

Article 64

The President of the French Republic shall be President of the French Union, whose permanent interests he shall represent,

Article 65

The Higher Council of the French Union shall consist, under the presidency of the President of the Union, of a delegation from the French Government and the representatives whom each of the Associated States shall have the power to appoint for collaboration with the President of the Union.

Its function shall be to assist the Government in the general direction of the .Union,

Article 66

One half of the Assembly of the French Union shall consist of members representing metropolitan France and the other half of members representing the overseas Departments and Territories and the Associated States.

An organic law shall determine uder what conditions the various sections of the population may be represented;

Article 71

The Assembly of the French Union shall take cognizance of projects or pro- posals which are submitted to it foi consideration by the National Assemblyor the Government of the French Republic or the Governments of the Associated States...... , .,...'..f

2 Act of 27 October 1946 A3/53 page 3

Extracts from the

CONSTITUTION OF THE KINGDOM OF LAOS

Preamble

The peoples of Laos affirm their loyalty to the Monarch, and their attach- ment to democratic principles; they proclaim as King of Laos His Majesty Sisavang Vong.

Laos declares itself.to be an autonomous State, a member of the French Union.

It recognizes as the fundamental rights of the inhabitants of Laos: freedom of the individual, freedom of conscience, freedom to own property, freedom to speak, write and publish without restraint, freedom of teaching, freedom to meet and form associations, freedom of profession, equality before the law, the guarantee of the means of existence.

It imposes the following duties upon them: national service, respect for conscience, the practice of solidarity, the fulfilment of family obligations, the execution of contracts freely entered into, application to work, probity, observance of the law.

It requests the support of France for help on the path of civic, moral and material progress, as well as the assistance of French advisers and technicians during the period necessary to train its own professional bodies..

In this way, with both liberty and an organization calculated to develop its resources to the utmost, Laos will be able to play the part which is its due and allow its best citizens to prove their work in the French Union as a whole.

Section 1

GENERAL PRINCIPLES

Article 1. - The Kingdom of Laos shall consist of a single, indivisible, demo- cratic and social State, formed by the union of the former Kingdom of Luang- Probang and the Provinces which were previously under direct French administration,

Its capital shall be Vientiane.

Article 2. - Its national emblem shall be the flag with a red ground bearing in the centre the three -headed White Elephant, surmounted by the White Parasol. A3/53 page 4

Article 3, - The national sovereignty shall belong to the Laotian people. They shall exercise it through representatives elected by universal suffrage.

Article 4. - All persons belonging to races definitely established on the territory of Laos and not already having any other nationality shall be con- sidered Laotian citizens.

The conditions governing the acquirement and loss of nationality shall be laid down by an act.

Arti cle 5. - All nationals who have reached their majority, are of the male sex and enjoy their civil and political rights shall be electors, under the con- ditions laid down by law.

Article 6, - The official language shall be Lao. The French langúage shall be employed at the same time as official language and shall be. regarded as authentic in case of dispute, The shall be the official language for all instruments concerning the French Union.

Article 7. - Buddhism shall be the State Religion. The King shall be the High Protector thereof.

Section .'II

THE KING

Article 8. - The Wing shall be the Supreme Head, of the State-. His person shall be sacred and'inwioiable. He'should be a devout Buddhist.

Article 13. - The King shall sanction and promulgate by Royal Decree the laws approved by the Assembly under the conditions laid down in, Article 30. He', shall 'edict by Royal Decree the statutory provisions proposed by,the Council of Ministers and countersigned by the responsiblé'Ministers.

When it is impossible for. the deputies to be brought together, because of exceptional cïrcuMstances, the King, after the approval of the Permanent Commission of the National Assembly, shall be empowered to take legislative measures by Royal Decree, subject to subsequent ratification by the Assembly.

The King shall sigh-treaties entered into with France and the other associated States of the, French Union and ratify them in pursuance of the dis cussions of the National Assembly.

Article 14. The King shall be the Supreme Head of the Armed Forces. A3/53 page 5

section III

THE COUNCIL OF MINISTERS

Article 19.- The King shall designate the President of the Council. The latter shall form the Government and submit it to the Assembly for approval,

The President of the Council and the Ministers may be appointed only after a vote of confidence of the Assembly carried by a majority of two- thirds of the members present.

In the event of a vacancy through death or any cause, the King

shall designate a new President of the Council, chosen from the Ministers in . office, who shall present himself for the approval of the Assembly as soon as possible.

Section IV

THE ASSEMBLY

Article 24. - The National Assembly shall consist of deputies elected every four years by universal suffrage under conditions laid down by the electoral law.

The deputies shall be the representatives of the nation as a whole and not merely of those who have elected them. They may not be bound by any overriding mandate.

Article 28. - The National Assembly shall:

- vote the budget and national loans as well as approving the administrative expenses;

- vote the laws concerning personal status and the revision of the Laotian cedes;

- vote the organic laws of the Kingdom;

- vote laws granting amnesty;

- consider whether approval is to be given for the ratification of treaties...

Furthermore, it shall study all projects submitted to it by the Council of Ministers.

Article 29.-- The deputies shall have the power to initiate laws touching on all matters enumerated in the preceding article. A3/53 page 6

Section V

THE ROYAL COUNCIL

Article 37. - The Royal Council shall consist of nine members. made up as followsi

(a) six members designated by the King;

(b) three members designated by the Assembly.

It shall be completely renewed every four years.

Article 38. - The Royal Council shall give its opinion on all projects and. ' proposals submitted to it.

In exceptional circumstances it may be constituted as a High Court of Justice.

It shall judge whether the laws are constitutional.

Section VI

THE ADMINISTRATIVE AND JUDICIh L ORGANIZATION

Article 39. - The provinces shall consist of territorial communities. The extent and organization of these shall be laid down by an act.

Certain important urban centres may enjoy a special organization.

Article 42. - The organization, the powers and competence of the courts, both judicial and administrative, as well as overlapping of jurisdiction, shall be defined by an act. Furthermore, this act shall guarantee the independence of the judicial power with respect to the legislative and executive powers.

Constitution promulgated at Ltarig-Prabang 11 May 1947.

EXTRACTS FROM THE INSTRUMENTS DEFINING THE RELATIONSHIP OF THE STATE OF LAOS WITH FRANCE

B) General agreement of 19 July 1949 .between the French Republic and the Kingdom of Laos, A3/53 page 7

Section 1

Independence - French Union

The French Republic recognizes the Kingdom of Laos as an independent. State.

The Kingdom of Laos re- affirms its adhesion to the French Union as an Associated State, as follows from the, exchange of letters dated 25 November

1947 and 14 January 1948 between the high contracting parties gyred above; .

,Consequently,

(a) thelKingdom of Laos thall undertake to pool its total resources with the other Members of the French Union for the guarantee of the defence of the Union as a whole, The Government of the French Republic shall assume the co- ordination of these resources and the direction cif a policy ealcu,.. fated to prepare and ensure the said defence.

(b) The Kingdom of Laos shall designate delegates to the Assembly of the French Union within the limits and conditions fixed by the texts regulating that organization.

(o) A special agreement shall determine the representation of the Kingdom-oft Lacs in the Higher Council of the French-Union.

Section II

Reciprocal Engagements

The French Republic shall undertake; 1.

A. To ensure the defence of the frontiers of the Kingdom in collaboration with the national. Laotian Army under conditions which shall be fixed by an additional military convention.

B. To place its diplomatic missions, which may include a representative of Laos, at the disposal of the Kingdom of Laos. Furthermore, thé Kingdom of Laos may bivrepresented by its own diplomatic mission in certain countries which shall be agreed upon wir th the French Government.

The Head of this Mission, appointed by the Royal Governor after agreement, with the Government of the Republic, shall receive credentials issued by the President of the French Union and initiated by.H.M. the '.King of Laos.

The unity of the foreign policy of the French Union in States where the Kingdom of Laos has its own diplomatic mission shall be ensured by general directives established with the approval of the Higher Council of the French Union, and transmitted by the. Government of the Republic to the Government of Laos, as well as by the, direct contact which French and Laotian diplomats shall arrange between themselves. A3/53 page 8

This mission may be empowered to negotiate and sign agreements relating to the special interests of Laos. The Royal Government shall undertaketo submit its draft agreements to the Government of the Republic for examination by the Higher Council before any negotiations take place. Negotiations shall be carried on in liaison with the French diplomatic mission. The favourable opinion of the Higher Council shall be necessary before agreements reached in this way become final.

'The Heads of foreign diplomatic Missions to Laos shall be accredited to the President of the French Union and to H.M. the King of Laos.

C. To present and support the candidature of the Kingdom of. Laos to the United Nations Organization when Laos shall have fulfilled the general conditions laid down by the United Nations Charter for admission to that Organization.

D. To provide technicians and experts for the services of the Ryal Govern- ment under conditions which shall be fixed by an additional agreement which shall provide in particular:

1. That citizens of the French Union be given preference;

2. that the approval of the French representative shall be necessary before engaging technicians and experts;

3. that, reciprocally, the agreement of. the Laotian Government shall be requested before engaging Laotian technidians, experts or officials by the French or French Union services.

E. To grant for a given period and under conditions to be determined, financial aid to Laos.

F. To place temporarily at the disposal of the Royal Government, under conditions to be determined, those technical missions which it may request for supervising or carrying out certain public services.

The despatch of these' missions shall form the subject of a spécial additional agreement.

The Kingdom of Laos shall undertake:

(a) To grant the French Union the right to station and move on Laotian territory, land, sea or air forces necessary either for the defence of the frontiers of Laos or for.. he joint defence of the States of Indo-China. These forces may organize on the territory of Laos, land, air and river bases which shall be determined in an additional agreement.

(b) To grant all facilities for recruiting the contingents necessary for setting up and maintaining.. mixed Franco - Laotian units forming part of the troops of the French Union. A3/53 page 9

After their release from service, Laotian conscripts shall enjoy special status as reservists.

Except in case of military necessity, only French and mixed Franco -Laotian contingents shall be stationed on Laotian territory.

The ways and means for applying these clauses shall form the subject of an additional agreement.

(e) To grant to French citizens and citizens of the French Union, subject to special agreements which'should be concluded with the neighbouring associated states, the same democratic liberties as enjoyed by its nationals under the territorial laws and regulations.

Laotian citizens in France and in the French Union shall enjoy reciprocal rights.

French citizens and the citizens of the French Union, with the above reservations, shall be subject to the following regulations in particular on the territory of Laos.

1. Justice. The Kingdom of Laos shall retain full and entire jurisdiction in all civil, commercial and penal cases throughout thé territory of the Kingdom.

However, civil and commercial suits between Laotians and either citizens of France or of the French Union other than Laotians, or foreigners, as well as penal prosecutions resulting from offences in which these same classes of person are implicated or injured, or which shall have caused prejudices to the French State, shall be subject to the jurisdiction of the French Union in accordance with French law.

Administrative litigation shall be dealt with in accordance with the same principles.

An additional judicial agreement shall lay down, whenever necessary, ways and means for applying the preceding provisions.

2. Settlement. Citizens of France and of the French Union may travel, settle, carry on any activity and invest capital.

3. Regulations applying to property and undertakings. The regu- lations applying to the property and undertakings of citizens of France and of the French Union upon the territory of Laos may be amended only following joint agreement between the Government of the French Republic and the Government of Laos.

French capital tray be freely invested in Laos subject to the following reservations: A3/53 page 10

(a) the Government of Laos shall take part, whenever it deems it of value, in undertakings coming within the field of national interest, by investing capital;

(b) the setting up of undertakings coming within the field of national defence shall be subject to authorization from the Government of Laos;

(c) the Government of Laos may exercise the right of pre- emption over the assets of undertakings which have ceasea their activities.

A joint Franco -Laotian commission shall define in advance the exact extent of these categories as well as the precise scope of the limitations to the principles of free settlement which are introduced thereby.

The preceding reservations shall not apply to the property and undertakings at present existing in Laos nor to developments which may result from their normal activities.

4. Fiscal regulations, labour legislation. French citizens and citizens of the French Union shall be subject to the same fiscal regulations and labour legislation as Laotian citizens. When fiscal provisions enacted by the Laotian Government have special application to citizens of France and of the French Union, the said provisions shall form the subject of an advance consulta- tion between French and Laotian representatives with the aim of maintaining a certain harmony between the fiscal regulations of Laos and those of the other Indo- Chinese states and the normal pursuit of economic activities.

(d) To grant permission for and facilitate the opening by France of scientific and educational establishments as well as of all kinds of sanitary units.

Section III

The Associated States of Indo -China

1. Laos, believing that it has joint interests with Viet Nam and Cambodia en the one hand and the French Union on the other hand, and that it would be advantageous if these interests could be harmonized with the aim of general pr40perity,acknowledges the advisability of setting up joint bodies to ensure the study, harmonizing and bringing into play of the said interests.

Consequently, Laos agrees to accept:

(a) A monetary union with the other Associated States of Indo- China. The only legal currency in the territory of this monetary union shall be the piastre, forming part of the franc area and issued by the Indo- Chinese Institute of Issue. A3/53 page 11

(b) Customs union with the Associate Indo- Chinese States.

II. Furthermore, a Conference meeting in Indo -China at the request of the , and in which will be represented, besides the Government of the French Republic and the Royal Government of Laos, the Governments of Viet Nam and Cambodia, shall determine the terms and extent of the powers of these joint bodies.

It therefore appears bast to reserve the following points for the judgment of the Conference:

1. The Communication Service

2. The Control of Immigration

3. Foreign Trade and Customs

4. The Treasury

5. The Equipment Scheme.

It shall be provided in this Atonnexibn that the Indo- Chinese Confer.* c ence defined above shall be called upon to give its views on the equipment scheme at present under study.

This Conference shall itself establish its regulations and procedure at the outset of its discussions.

The Higher Council of the French Union may, if necessary, be referred to for advice and conciliation.

Section IV A3/53 page 12

SG 82/03/MJ 24 April 1950 4

Letter from the Secretary General of the United Nations:

(Extract)

The following is a list of states which, according to the information available to the Secretariat, have recognized Cambodia and Laos as

1 States within the French Union:

The United Kingdom Costa Rica The United States Brazil Australia Honduras Belgium Siam Luxembourg Spain New Zealand (de facto) Republic of Korea Greece Union of South Africa Bolivia The Vatican Italy Ecuador Jordan, Hashemite Kingdomof the, Venezuela Cuba

1 Unofficial statement