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Home , April 1946, August 1946, Brock Chisholm, Director general, Health, July 1946

OFFICIAL RECORDS OF THE HEALTH ORGAMZATION

No. 2

SUMMARY REPORT ON PROCEEDINGS MINUTES

AND FINAL ACTS

OF THE INTERNATIONAL HEALTH CONFERENCE HELD IN NEW YORK FROM 19 JUNE TO 22

United Nations WORLD HEALTH ORGANIZATION Interim Commission

350 Fifth Avenue, New York Palais des Nations,

JUNE 1948 NOTE

This volume comprises :

I. A résumé of the steps that led to the convening of the International Health Confer- ence, and an introductory survey of the opening of the proceedings and the method of .

II. Lists of the delegations and observers and of Conference officers and committees.

III. A summary report, consisting of an analytical digest of the debates, presented under chapter headings of the Constitution to which the Conference gave definitive form; a review of measures approved by the Conference for the integration of existing international health agencies with the World Health Organization; and an account of the drawing up of the Arrangement establishing an Interim Commission of the World Health Organization.

IV. Minutes of the plenary meetings.

V. The text of the four Final Acts, with table showing how each was signed.

Annexes.

Index.

Acknowledgment. - Much of the material in this number of the Official Records is based, with permission of the , on its " Report of the International Health Conference " (United Nations document E/772), dated II and published in New York. TABLE OF CONTENTS

I. INTRODUCTION Page 1. Steps leading to the convening of the International Health Conference 5 2 .Opening of the Conference 5 3. Work of the Conference 6

H. MEMBERSHIP OF THE CONFERENCE AND ITS COMMITTEES

1. Delegations and Observers 7 2 .Secretariat 13 3. Officers and Committees 13 Officers of the Conference 13 General Committee 13 Credentials Committee 14 Committee on Rules of Procedure 14 Working Committees : Committee I. - Scope and Functions of the World Health Organization 14 Committee II. - Administration and Finance 14 Committee III. - Legal Questions 14 Committee IV. - Relations withtheUnited Nationsandother Organizations 15 Committee V. - Regional Arrangements r5 Central Drafting Committee 15

III. SUMMARY REPORT ON THE PROCEEDINGS 1. Constitution of the World Health Organization 16 Name of the Organization 16 Preamble 16 Chapter I. - Objective i6 Chapter II. - Functions 17 Chapter III. - Membership and Associate Membership 18 Chapter IV. - Organs 19 Chapter V. - The 19 Chapter VI. - The Executive Board 21 Chapter VII. - The Secretariat 22 Chapter VIII. - Committees 22 Chapter IX. - Conferences 22 Chapter X. - Headquarters 23 Chapter XI. - Regional Arrangements 23 Chapter XII. - Budget and Expenses 25 Chapter XIII. - Voting 25 Chapter XIV. - Reports submitted by States 25 Chapter XV. - Legal Capacity, Privileges and Immunities 25 Chapter XVI. - Relations with other Organizations 25 Chapter XVII. - Amendments 26 Chapter XVIII. - Interpretation 26 Chapter XIX. - Entry into Force 27 Page 2 .Integration of existing International Health Agencies with the World Health Organization : A. Health Organization 27 B. Office International d'Hygiène Publique 28 C. United Nations Relief and Rehabilitation Administration 28 3. Arrangement establishing an Interim Commission 28

IV. MINUTES OF THE PLENARY MEETINGS

. First Meeting 31 2 .Second Meeting 34 3. Third Meeting 38 4. Fourth Meeting 38 5. Fifth Meeting 40 6. Sixth Meeting 41 7. Seventh Meeting 43 8. Eighth Meeting 44 9. Ninth Meeting 50 ro. Tenth Meeting 56 . Eleventh Meeting 63 12 .Twelfth Meeting 68 13. Thirteenth Meeting 73 14. Fourteenth Meeting 78 15. Fifteenth Meeting 85 16. Sixteenth Meeting 90 17 .Seventeenth, Meeting 92 18. Eighteenth Meeting 94

V. FINAL ACTS OF THE CONFERENCE

A. Final Act of the International Health Conference 98 B. Text of the Constitution of the World Health Organization roo C. Arrangement concluded by the Governments represented at the International Health Conference for the establishment of an Interim Commission of the World Health Organization rio D. Protocol concerning the Office International d'Hygiène Publique 113 E. Signatures of the Final Acts 115

ANNEXES

. Resolution adopted on II by the Economic and Social Council relative to the Report of the Technical Preparatory Committee. . . 119 2 .Rules of Procedure of the Conference 121 3 .Minutes of the Discussions in Committee II on the Site of the Headquarters of the World Health Organization 123 4. Extract from the Report of Committee III 130 Subject Index 131 Name Index 139 - 5 - I. INTRODUCTION

1. Steps leading to the convening of the Inter-resolution, the Council established a Technical national Health Conference 1 Preparatory Committee of Experts, and directed The proposal toconvene aninternationalthat itshould meet in Paris not later than conference for the establishment of a new world-15 to prepare a draft annotated agenda wide health organization originated at the Unitedand constitutional proposals for the consideration Nations Conference on International Organizationof the International Health Conference to be held at in 1945.The Conference, held not later than 20 June 1946. recognizing the vital importance of health as a The Technical Preparatory Committee, con- factor in the promotion of " conditions of stability sisting of sixteen experts serving in and well-being " for the nations of the world,their personal capacity, and representatives of included" health " among thefieldsofco- four organizations, appointed in a consultative operative endeavour with which the Unitedcapacity, deliberated in Paris from. 18 March to Nations system should concern itself.Articles 13, 5April 1946. 1The Committee gave special 55 and 59 of the Charter envisaged the creationconsideration to concrete suggestions submitted by inter-governmental agreement of a specializedby its French, British, American, and Yugoslav agency of the United Nations having wide inter-members. On the basis of these suggestions, the national responsibilities in all matters relating toCommittee developed a set of draft constitutional health. proposals, as well as a provisional annotated The States represented on Committee 11/3 ofagenda,forsubmissiontotheInternational the Conference unanimously approved the follow-Health Conference. ing Declaration 2 submitted jointly by the dele- The Committee,in view of the need for world-wide control of and for promo- gations of and China : - tingimprovedstandardsofhealthforall " The delegations of Brazil and China re-peoples, went on record in favour of as widely commend- thatageneralconferenceberepresentative a membership as possible for the convened within the next few months for the Conference.Accordingly,itwas decidedto purpose of establishing an international healthrecommend to the Economic and Social Council organization. that States not Members of the United Nations, " They intend to consult further with thetheAlliedControl Authoritiesfor , representatives of other delegations with a viewJapan, and Korea, and several inter-governmental to the early convening of such a general confer-and private international organizations concerned ence, to which each of the Governments herewith health should be invited to send observers represented will be invited to send representa-to the Conference.The Committee further pro- tives. posed that all States invited to the Conference " They recommend that, in the preparationshould be requested to authorize their repre- of a plan for the international health organiza-sentatives to sign an inter-governmental agree- tion, full consideration should be given to thement establishing a World Health Organization, relation of such organization and to methods oftogether with a protocol designed to facilitate the associating it with other institutions, nationalabsorption of the Office International d'Hygiène as well as international, which already exist orPublique into the World Health Organization. which may hereafter be established in the fieldFinally, the Committee included in its report to of health. the Council recommendations relating to the " They recommend that the proposed inter-transfer to the World Health Organization of the national health organization be brought intofunctions of the Health Organization of the League relationship with the Economic and Socialof Nations and the peace-time phases of the work Council." of the Health Division of the United Nations Relief and Rehabilitation Administration. In view of the widely expressed desire that the At its second session in New York (May-June proposed conference should be held at an early 1946), the Economic and Social Council took note date, the Government was askedof the report of the Technical Preparatory Com- to act as host.Since the Economic and Socialmittee of Experts and on ii June adopted a Council of the United Nations would shortly beresolution 2 (a) approving its recommendations established,it was, however, agreed that theand (b) transmitting to the International Health Conference should be convened by the CouncilConference various observations made by mem- acting under Article 62 of the Charter. bers of the Council on the draft constitutional A resolution to this effect was adopted by the Economic and Social Council on 15 Februaryproposals. 1946 8 In accordance with paragraph 3 of this 2. Opening of the Conference. I See also og. Rec. WHO, No. I, Minutes of the The International Health Conference held its Technical Preparatory Committee for the Inter- national Health Conference. inaugural meeting at the Henry Hudson Hotel 2 See United Nations Conference on International Organization, 11/3/32, document 614. I For the membership of the Committee, see 3 See Off. Rec. WHO, No. r, page 39, for the full Off. Rec. WHO, No. r, page 39. text of the resolution. 2 For text of the resolution, see page 119. - 6 - in New York on 19 June 1946, with Sir The General Committee, composed of the Ramaswami Mudaliar (), President of thePresident and Vice-Presidents of the Conference, Economic and SocialCouncil,inthechair.the chairmen of the five working committees, Delegations from all the Members of the Unitedand three members-at-large elected by the Con- Nations were in attendance.In addition, obser-ference, served as the over-all co-ordinating and vers were present representing thirteen non-steering group for the Conference and its various member States, the Allied Control Authoritiescommittees.During the latter part of the Con- for Germany, and Korea, and ten inter-ference, the General Committee established a national organizations interested in public health .1 Central Drafting Committee for the purpose of At the opening plenary meeting, the Confer-editing and co-ordinating the reports and recom- ence was welcomed on behalf of the Unitedmendations of the working committees .1 Nations by Mr. Trygve Lie, Secretary-General, For nearly four weeks (from 23 June to 19 July) and by Professor Henri Laugier, Assistant Secre-thefiveworking committees held altogether tary-General in charge of Social Affairs. Mr. John forty-two meetings ; and there were, in addition, G. Winant, representative of the United Statesnumerous meetings of drafting sub-committees of America on the Economic and Social Council,and special joint sub-committees. conveyed to the delegates a message of welcome from the President of the United States. Upon completion, the reports of the working At the second meeting, on 20 June, Dr. Thomascommittees were submitted to the full Conference Parran, Chairman of the United States delegation, for consideration and substantive approval and was unanimously elected President of the Con-then to the Central Drafting Committee for final ference. The following five delegates were sub-drafting.The Conference,in plenary session, sequently chosen as Vice-Presidents of the Confer-adopted with slight modifications the over-all ence :Dr. Geraldo H. de Paula Souza (Brazil),report of the Central Drafting Committee in the Dr. James Kofei Shen (China), Dr. André CavaillonEnglish and French languages. (), Dr. F. G. Krotkov (Union of Soviet At the closing ceremonies held in the Henry Socialist Republics), and Sir Wilson JamesonHudson Hotel on 22 July, the English and French (). texts of the four final instruments were formally Dr. Brock Chisholm (), Rapporteur ofapproved by the Conference ;and texts in the five the Technical Preparatory Committee, presentedofficial languages of the United Nations were then to the Conference the Committee's report. Asigned. succession of statements expressing the general The final instruments were as follows :2 views of the delegates on the work of the Confer- ence, the adoption of rules of procedure and of1. Final Act of the International Health Con- the agenda and the establishment of five working ference (signed on behalf of sixty-one States, committees and a general (steering) committee fifty-nine without reservation). completed the preliminary business of the Con-2. Constitution of the World Health Organiza- ference.From 23 June to the closing day of the tion (signed on behalf of sixty-one States, session, the meetings were held at Hunter College, two without reservation). then the interim headquarters of the United Nations. 3 .Arrangement (establishing an Interim Com- mission) concluded by the Governments repre- sented at the International Health Confer- 3. Work of the Conference. ence (signed on behalf of sixty-one States, The detailed examination of the draft con- forty-seven without reservation). stitutional proposals submitted by the Technical Preparatory Committee was referred by the4. Protocol concerning the Office International Conference to its five working committees, each cl' Publique (signed on behalf of sixty sitting as a committee of the whole .2In order to States, eighteen without reservation). facilitate the fulfilment of its assignment, each The Constitution of the World Health Organ- working committee elected one of its membersization was to come into force when twenty-six as Rapporteur and set up a small drafting sub-Members of the United Nations had become committee. parties to it in accordance with the provisions of Article 79 thereof. 1 See pages 1-13 for the complete list of de- legationsand observers.The following States were also invited to send observers, but were not 1 For the membership of the Central Drafting represented : , Roumania, Yemen. Committee, see page 15. 2 The titles, terms of reference, and officers of the 2 For the text of these four instruments see working committees are indicated on pages 14-15Part V. - 7 -

II. MEMBERSHIP OF THE CONFERENCE AND ITS COMMITTEES

1. DELEGATIONS AND OBSERVERS

A. Delegations representing States Members of BRAZIL the United Nations. Delegates: Dr. Geraldo H. DE PAULA SOUZA, Director of ARGENTINA the Faculty of Hygiene and Public Health, Delegates: University of Sao Paulo. Dr. Alberto ZWANCK, Professor of Hygiene, Dr. Alberto E. CARNEIRO, Health Officer of the University of Buenos Aires. State , Rio Grande do Sul. Dr. Francisco J. MARTONE, Secretary of Health Mr. Roberto DE OLIVEIRA CAMPOS, Executive Committee, Chamber of Deputies, Argentine Observer to the Economic and Social Council. Government. Mr. Joao Augusto DE ARAUJO CASTRO, Deputy Consul of Brazil in New York. Legal Adviser : Dr. Gabriel GALVEZ-BUNGE, Director-General BYELORUSSIAN of the Department of Sanitary Legislation, SOVIET SOCIALIST REPUBLIC Ministry of Public Health. Delegate: Mr. Nicholai T. EVSTAFIEV, Deputy of Public Health. Delegates: Secretary: Rt. Hon. H. V. EVATT, Minister of State for Miss M. PETROVA. External Affairs. Mr. A. H. TANGE, First Secretary, Australian CANADA Mission to the United Nations. Delegates: SirRaphaelCILENTO, Director-Generalof Hon. Brooke CLAXTON, Minister of National Health and Medical .Services for the State of Health and Welfare. Queensland. Dr. Brock CHISHOLM, Deputy Ministerof Mr. W. D. FORSYTH, Department of External National Health. Affairs. Advisers: Dr. W. A. WYNES, Official Secretary, Australian Dr. A. GROULX, Director of the Health Depart- 's Office, Ottawa. ment of the City of . Dr.C. W. MACMILLAN, McGill University, Adviser and Secretary : President of the Canadian Public Health Mr. A. H. BODY, Third Secretary, Australian Association. Mission to the United Nations. Dr. T. C. ROUTLEY, General Secretary of the Canadian Medical Association. Mr. Ernest CÔTÉ, Secretary, Department of External Affairs. Delegates : Mr. John H. MACDONALD, Department of Health and Welfare. Professor Maurice DE LAET, Secretary-General Ministry of Public Health. CHILE Dr. Rene SAND, Honorary Secretary-GeneralDelegates: and Technical Adviser, Ministry of Public Health. Dr. Julio BUSTOS, Director-General of Social Welfare. Legal Advisers: Dr. Carlos BRIONES, Legal Adviser, Department of Social Welfare. Mr. Roland LEBEAU, Counsellor of Legation, Dr. Alfredo RIQUELME, Chief of Ministry of Foreign Affairs. Division, Department of Public Health. Mr. Joseph NISOT, Counsellor, Belgian Embassy, , D.C. Adviser : Dr. Marcos CHARNES, Zone Inspector, Public Health Service. BOLIVIA Delegate: CHINA Dr. Luis V. SOTELO, Director of the Nutrition Delegates: Department of the Public Health Service ; Dr. James Kofoi SHEN, Deputy Director- Professor, School of , San Andreas General, National Health Administration, University, . Nanking. - 8 -

Dr. L. Chin YUAN, Director, Institute of Epi-Adviser : demiology, National Institute of Health, Dr. Václav PROgEIC, Professor of Social Medi- Nanking. cine, University of . Dr. Szeming SZE, Senior Technical Expert of the National Health Administration of China, Chinese Embassy, Washington, D.C. Delegates: Advisers: Dr. Jeppe OERSKOV, Director of the- State Dr. Shao-Hwa TAN. Serum Institute, ; Member of the Dr. Lan-sung Woo, Secretary-General, Chinese Scientific Board of the National Health Red Cross. Service. Dr. Robert T. HUANG. Professor Olaf ANDERSEN, Member of the Scien- tific Board of the National Health Service ; Technical Expert: Professor, University of Copenhagen. Dr. Chang-yui Sim, Special Member, National MT. F. MARTENSEN-LARSEN, Deputy Chief of Health Administration, Nanking. Division, Ministry of the Interior. Secretary-General: Mr. Tswen-ling Tsui, First Secretary, ChineseDelegates: Embassy, Washington, D.C. Dr. Luis F. THOMEN, Secretary of State for Deputy Secretary-General: Health and Public Assistance. Mr. George Y. L. Wu, Consul, Chinese Consulate- MT. E. R. THREAN-VALDEZ, Department of General, . ,Department ofHealth and Public Assistance. Secretaries: Mr. Allen LAU. ECUADOR Mrs. Min-Hsien Yang KIANG. Delegate: Miss E. Irene MCMULLEN. Dr.Roberto NEVAREZ VASQUEZ,Director- General of Public Health. COLOMBIA Delegates: Dr. Jorge BEJARANO, Director of the NationalDelegates: Health Service ; Vice-Director, Pan American H.E. Dr. Aly Tewfik SHOUSHA Pasha, Under- Sanitary Bureau. Secretary of State, Ministry of Public Health, Dr. Carlos URIBE AGUIRRE, Colombian Army . Health Officer. Dr. Mahmoud Soliman Bey ABAZA, Director- General, Ministry of Public Health. COSTA RICA Legal Adviser : Delegate: Taha Elsayed Bey N4sE, Royal Counsellor to the Dr. Jaime BENAVIDES, Surgical Department, Ministries of the Interior and Public Health. Lutheran Hospital, . Technical Adviser : EL SALVADOR Delegate: Dr. Oscar VARGAS, Pan American Sanitary Bureau. Dr. Aristides A. MOLL, Secretary of the Pan AmericanSanitaryBureau,Washington, Secretary: D.C. Mr. Jaime BENAVIDES, Jr. ETHIOPIA Delegate: CUBA Mr.-Getahoun TESEMMA, First Secretary, Ethio- Delegates: pian Legation, Washington, D.C. Dr. Pedro NOGUEIRA, Director of Health, Ministry of Public Health. FRANCE Dr. Victor SANTAMARINA, Director of SocialDelegates: Services. Dr.André CAVAILLON, Secretary-General, Dr. Guillermo LAGE, Director, School of Public Ministry of Public Health. Health and TropicalMedicine,Institute Professor Jacques PARISOT, Professor of Hy- Finlay. giene, Faculty of Medicine, Nancy. Dr. Vincente LAGO PEREDA, Local Chief of Médecin-Général, Inspecteur, Marcel VAUCEL, Health, Havana. Director of the Health Service, Ministry of the Colonies. Dr.Xavier LECLAINCHE,Inspector-General, Ministry of Public Health. Delegates: Dr. Jean CAYLA, Inspector-General, Ministry of Dr. Karel MACHAUK, Chief Medical Officer, Public Health. Ministry of Public Health. Dr. Jean F. MABILEAU, Chief of the Mission Dr. Josef CAN6IE, Professor of Hygiene, Uni- of the Ministry of Public Health, French versity of Prague. Embassy, Washington, D.C. - 9 -

GREECE Adviser : Delegates : Dr. John B. WEST, Director of the United States Dr.PhokionKOPANARIS,Director-General, Public Health Service Mission to Liberia. Ministry of Health. Mr. Anastassios KATSOYANNIS, Director, Ministry of Health. LUXEMBURG Delegate: Adviser : Professor Maurice DE LART, Secretary-General, Mr. Charis STEPHOPOULOS, Chief of Section, Belgian Ministry of Public Health. Ministry of Health.

GUATEMALA MEXICO Delegates: Delegates: Dr.Guillermo E. MORAN, Under-Secretary, Dr. Qctavio S. MONDRAGON, Under-Secretary, Ministry of Public Health and Social Assis- Ministry of Public Health and Social Welfare. tance. Dr. José ZOZAYA, Director, Institute of Health Dr. José Antonio MuÑoz, Department of Public and Tropical Medicine. Health. Dr. Miguel BUSTAMANTE, Epidemio- Dr.Victor Manuel MEJiA, Department of logist,InstituteofHealth and Tropical Public Health. Medicine. HAITI Technical Advisers: Delegate: Dr. Alberto P. LEON, Chief of the Bacteriological Dr. Rulx LEON, Consul-General of Haiti, New Laboratory, Institute of Health and Tropical York. Medicine. HONDURAS Dr.GustavoA. ROVIROSA, StateHealth Delegate: Officer, State of Tamaulipas. Dr. Juan Manuel FIALLOS, Chief of Nutrition Division, Ministry of Public Health. Secretary-General: Mr.Carlos PEON DEL VALLE,Counsellor, Ministry of Foreign Affairs. INDIA Delegates: Lieutenant-Colonel C. K. LAKSHMANAN,All- India Institute of Hygiene and Public Health, Delegates: Calcutt a. Dr. Cornelis VAN DEN BERG, Director-General of Major C. MANI, I.M.S., Deputy Public Health Public Health, Ministry of Social Affairs. Commissioner, New Delhi. Dr. Cornelis BANNING, Chief Medical Officer of Health. Professor J. J. VAN LOGHEM, Department of Delegates: Overseas Territories, ; Professor Dr. Ghasseme GHANI, former Iranian Minister of Hygiene, University of Amsterdam. of Health. Dr. W. A. TIMMERMAN, Director of the National Dr. Mohammed Hussein HAFEZI, Chief of Vital Institute of Public Health, Utrecht. Statistics and Publicity, Imperial Iranian Ministry of Health. Technical Adviser : Dr. Ahmed IMAMI, Chief of the Nejat Hospital, Dr. J. J. VAN DULLEMEN, Ministry of Social Ministry of Health. Affairs, Inspector of the Children's Holiday Dr. Bennett F. AVERY, Adviser to the Imperial Scheme. Iranian Ministry of Health. Legal Adviser and Secretary: Mr. C. J. GOUDSMIT, Secretary of the Depart- Delegates: ment of Health ; Legal Adviser, Ministry of H.E. Dr. Shawkat AL-ZAHAWI, Director of the Social Affairs. Pathological Institute. Dr.Ihsan DOGRAMAJI,MinistryofSocial Affairs. Delegates: Dr. T. R. RITCHIE, Deputy Director-Genéral of Delegates: Health, Wellington. Mr. Georges HAKIM, Professor, American Uni- Dr. H. B. TURD:Yu, Director, Division of School versity, . Hygiene, Department of Health. Dr. Anis MAKHLOUF.

LIBERIA NICARAGUA Delegate: Delegate: Dr. Joseph N. TOGBA, to the Liberian Dr. Alberto SEVILLA-SACASA, First Secretary, Government, Department of State. Nicaraguan Embassy, Washington, D.C. SAUDI ARABIA Delegates : Delegates : Dr. Karl EVANG, Director-General of Public H.E. Sheikh ASAD-AL-FAQIH, Saudi-Arabian Health. Minister to the United States of America. Dr. Andreas DIESEN, Chief Medical Officer, Dr. Yahia NASRI, Director-General of Health. Oslo. Dr. Medhat Sheikh AL-ARDH, Department of Dr. Axel STROEM, Professor of Hygiene, Uni- Health. versity of Oslo. Dr. Hans Th. SANDBERG, Department of Public Health. Delegate : Dr.C.TREFI,PublicHealth Department, PANAMA Ministry of Health. Delegates : Dr. J. J. VALLARINO, Ambassador of Panama to the United States of America. Dr. Guillermo GARCIA DE PAREDES, Director of Delegate : Department of Public Health. Dr. Zeki NASIR BARKER, Assistant Under- Mr. Guillermo FABREGA, Vice-Consul of Pana- Secretary, Ministry of Health and Social ma, New York. Assistance. Secretary Miss Carmen Mmo. UKRAINIAN SOVIET SOCIALIST REPUBLIC Delegates : PARAGUAY Delegates : Dr.LevkoIvanovitch MEDVED, of Public Health. Dr. Angel R. GINts, Head of the Department Dr. Ivan Ivanovitch KALTCHENKO, Director of for the Control of , Ministry of the Institute for the Advancement of Medical PublicHealth ; Professor,Facultyof Practice. Medicine, University of Asunción. Dr. Ruben RAMIREZ PANE, Deputy Director ofSecretary : theHospital ofInfectious and Tropical Miss V. SERGEEVA. ; former Adviser to the Institute of Inter-American Affairs. Adviser : UNION OF SOVIET SOCIALIST REPUBLICS ' Dr. S. TOCKER, economist. Delegates : Dr. Fedor Grigorievitch KROTKOV, Deputy PERU Minister of Public Health, Member of the Delegates : Academy of Medical . Dr. Carlos Enrique PAZ SOLDÁN, Professor of Dr. Lev Vasilievitch GROMASHEVSKY, Professor Hygiene, Faculty of Medicine, University of of , Member of the Academy San Marcos, Lima. of Medical Sciences. Dr. Alberto TORANZO, Chief of Interchange Secretary. : Department, Ministry of Public Health. Mrs. Alexandra ELISSEYEVA.

POLAND UNION OF Delegates : Delegate : Dr. Martin KACPRZAK, President of the National Dr. H. S. GEAR, Deputy Chief Health Officer, Health Council. Department of Public Health. Dr. Edward GRZEGORZEWSKI,Professorof Hygiene and Rector of the Medical Academy, Gdansk. UNITED KINGDOM Dr.Stanislaw TUBIASZ,ChiefofDivision,Delegates : Public Health Administration,Ministry of Sir Wilson JAMESON, K.C.B., Chief Medical Health. Officer, Ministry of Health. Dr. Melville D. MACKENZIE, Principal Medical Officer, Ministry of Health. Delegates : Mr. G. E. YATES, Assistant Secretary, Ministry Dr. Hilario LARA, Director, Institute of Hy- of Health. giene, University of the Philippines ;Pro- Mr. H. M. PHILLIPS, Counsellor for Economic fessor of Epidemiology and Vital Statistics. and Social Affairs, United Kingdom Delega- Dr. Walfrido DE LEÓN, Professor of Sanitary tion to the United Nations. Bacteriology and Immunology, Institute of Hygiene,UniversityofthePhilippines ; Senior Adviser .. Chief of Government Serum and Vaccine Dr. W. H. KAUNTZE, Chief Medical Adviser, Laboratories. Colonial Office. - II -

Advisers: Dr.Michael B.SHIMKIN,Surgeon,United Dr. P. G. STOCK, Medical Adviser, Ministry of StatesPublicHealthService ;Assistant Health. Director,OfficeofInternationalHealth Relations,UnitedStatesPublicHealth Mr. F. A. VALLAT, Assistant Legal Adviser, Service. Foreign Office. Miss Mary SWITZER, Assistant to the Admi- Mr. K. E. ROBINSON, Colonial Office. nistrator, Federal Security Agency. Mrs. Elmira B. WICKENDEN, Executive Secre- Secretary : tary, National Council. Miss M. E. PETZSCHE, Ministry of Health. Dr.Abel WOLMAN, ProfessorofSanitary Engineering, Johns Hopkins School of Public Health and Hygiene ;Consultant, United UNITED STATES OF AMERICA States Public Health Service. Delegates: Executive Secretary: Dr. Thomas PARRAN, Surgeon-General, United Mr. Richard S. WHEELER, Divisional Assistant, States Public Health Service. Division of International Conferences, De- Dr. Martha M. ELIOT,AssociateDirector, partment of State. Children's Bureau, Department of Labor. Special Assistant to the Chairman.. Dr. Frank G. BOUDREAU, Director, Milbank Miss Jean HENDERSON, Chief, Office of Health Memorial Fund. Information, United States Public Health Dr. James E.PAULLIN, formerPresident, Service. American Medical Association. Special Assistant to the Secretary-General: Mr. Durward V. SANDIFER, Chief, Division of International Organization Affairs, Depart- Miss Frances M. WILSON, Division of Inter- ment of State. national Labor, Social and Health Affairs, Department of State. Secretary-General: Administrative Assistant: Mr. Otis E. MULLIKEN, Chief, Division of Inter- Miss Dorothy H. KING, Division of Inter- national Labor, Social and Health Affairs, national Conferences, Department of State. Department of State. Chief Technical Adviser: URUGUAY Delegates: Dr. Louis B. WILLIAMS, Jr., Medical Director, United States Public Health Service ; Chief, Dr. José A. MORA OTERO, Minister Plenipo- Health Branch, Divisionof International tentiary. Labor, Social and Health Affairs, Department Dr.Rafael RIVERO, Director of Hospitals, of State. Ministry of Public Health. Dr. Carlos Maria BARBEROUSSE, Assistant Chief, Public Schools Medical Service. Advisers: Dr. José P. SARALEGUI, Ministry of Health. Mr. Ward P. ALLEN, Regional Problems Branch, Division of International Organization Affairs, Technical Adviser: Department of State. Dr. H. Jackson DAVIS, Director of the Inter- Mr. Howard B. CALDERWOOD, Office of Inter- American Public Health Service. national Health Relations, United States Public Health Service. Dr. James A. DotiLL, Medical Director, UnitedDelegates: States Public Health Service ;Chief, Office Dr. Alfredo ARREAZA GUZMAN, Director of of International Health Relations, United Public Health, Ministry of Health and Social States Public Health Service. Welfare, Caracas. Mr. Robert P. FISCHELIS, Executive Secretary, Dr. Arnoldo GABALDÓN, Chief of the American Pharmaceutical Association. Division,Ministry of Health and Social Dr.H. VAN ZILE HYDE, Senior Surgeon, Welfare. United States Public Health Service ;Assis- Dr. Leopoldo GARCÍA-MALDONADO, Chief of tant Chief,Health Branch,Divisionof Division,Ministry of Health and Social InternationalLabor,SocialandHealth Welfare. Affairs, Department of State. Legal Adviser : Dr.George LULL,Major-General (retired) ; Dr. Julian A. ARROYO, Legal Adviser to the General Manager, American Medical Associa- Consulate-GeneralofVenezuelain New tion. York. Mr. John MAKTOS, Division of International Organization Affairs, Department of State. Miss Marcia MAYLOTT, Division of International Delegate: Organization Affairs, Department of State. Dr. Andrija STAMPAR, Professor ofPublic Mr. Alvin ROSEMAN, Acting Chief, International Health and Social Medicine ; Rectorof Activities Branch, Bureau of the Budget. the University of Zagreb. - 12 -

B. Observers representing States non-Members of the United Nations . Professor Hilding BERGLUND, Physician-in-Chief, St. Erik's Hospital, Stockholm. ALBANIA Mr. Tuk JAKOVA, Minister of State. Dr. Sherif KLosI, Secretary-General, Ministry ofDr. Jakob EUGSTER, Member of the Medical Public Health. Faculty, University of Zurich. Mr. Behar SHTYLLA, Secretary-General, MinistryDr. Arnold SAUTER, Assistant to the Director of of Foreign Affairs. the Federal Public Health Service, Berne. Mr. Alqi KRISTO, Chief of the Press Section,Mr. S. F. CAMPICHE, Attaché, Swiss Legation, Ministry of Foreign Affairs. Washington, D.C.

AUSTRIA TRANS Dr.MariusKAISER,Counsellor,Ministryof Dr. Djamil Pacha TuTuNJI, Director of Public Welfare, Vienna. Health of the Hashemite Kingdom of Trans- j ordan.

BULGARIA C. Observers representing Allied Control Au- Dr. Dimiter P. ORAHOVATZ, Director of the thorities. Institute of Physiology of ;Professor, For GERMANY Rector of the University of Sofia. Major-General Morrison C. STAYER, United States Occupation Zone. FINLAND For JAPAN and KOREA Dr. Osmo TURPEINEN, Lecturer at University of Helsinki. Colonel Crawford F. SAms, Chief of Health and Welfare, General Headquarters, Supreme Com- mander, Allied Powers. Mr.Aladar SZEGODY-MASZAK, Envoy Extra-Dr. Y. S. S. LEE, Director of the Bureau of Health ordinary and Minister Plenipotentiary. and Welfare, Korea. Dr. Victor DE CSORNOKY, Counsellor of Legation, Washington, D.C. D. Observers representing International Organ- izations. AND AGRICULTURE Mr. Thor THORS, Minister for Iceland to the ORGANIZATION United States of America. Mr. F. L. MCDOUGALL, Special Adviser to the Director-General. IRELAND Dr. W. R. AYKROYD, Senior Nutritionist. Dr. John D. MACCORMACK, Deputy Chief Medical Officer, Department of Local Government and INTERNATIONAL LABOUR Public Health. ORGANIZATION Mr. C.Wilfred JENKS, Legal Adviser,Inter- national Labour Office. Dr.Gino BERGAMI, High CommissionerforDr. Alexandre FLORES ZORILLA, Chief of Section, Hygiene and Public Health. International Labour Office ; Secretary-General Dr. G. A. CANAPERIA, General Medical Inspector of the Inter-American Social Security Com- of Public Health. mittee. Mr. Eric W. HUTCHISON, Secretary.

PORTUGAL LEAGUE OF RED CROSS SOCIETIES Dr. Francisco Carrasqueiro CAMBOURNAC, Insti-Dr.G.Foard MCGINNES, Vice-Chairman for tute of Tropical Medicine. Health Services of the American National Red Cross. SIAM OFFICE INTERNATIONAL Mr. Mani SANASEN, Secretary, Siamese Legation, D'HYGIENE PUBLIQUE Washington, D.C. Dr. Bunliang TAMTHAI, Director of -the MedicalDr. M. T. MORGAN, President of the Permanent School, Bangkok. Committee ; Medical Officer of Health, Port of London. Dr. Maurice GAUD, Chief Medical Officer, UNRRA 1 The Governments of the following States were invited to send observers, but were not repre- Mission to France. sented : Afghanistan, Roumania and Yemen. Dr. Robert PIERRET, Director-General. - 13 -

PAN AMERICAN SANITARY BUREAU Dr. Wilbur A. SAWYER, Director of Health. Dr. Hugh S. CUMMING, Director. Dr. Neville M. GOODMAN, Director of Health Dr. John R. MURDOCH, Assistant Director. Division, European Regional Office, London. Dr. Aristides A. MOLL, Secretary. Mr. Knud STOWMAN, Chief of Epidemiological Dr. John D. LONG, Travelling Representative. Information Service (Adviser).

PROVISIONAL INTERNATIONAL CIVIL WORLD FEDERATION OF AVIATION ORGANIZATION TRADE UNIONS Dr. Josef DUBSKY, Air Transport Bureau. Mr. John GREEN, Vice-President, Congress of Industrial Organizations. Mr. Norman S. DOWD, Executive Secretary of the UNITED NATIONS EDUCATIONAL, Canadian Congress of Labour, Ottawa. SCIENTIFIC AND CULTURAL ORGANIZATION E. ObserversrepresentingtheRockefeller Dr. REGNAULT-BECCAT, Counsellor. Foundation. Mr. V. DARCHAMBEAU, Resident Observer of UNESCO to the United Nations. Dr. George K. STRODE, Director of the Inter- national Health Division. Dr. Hugh H. SMITH, Assistant Director of the UNITED NATIONS RELIEF AND International Health Division. REHABILITATION ADMINISTRATION Dr. Robert A. LAMBERT, Associate Director for the Medical Sciences. Dr. George BAEHR, President of the New York Miss M. Elizabeth TENNANT, Assistant Director Academy of Medicine. of the International Health Division. Lieutenant-Colonel Saul JARCHO, member of staff. Dr. John B. GRANT.

2. SECRETARIAT

Head of Secretariat: Secretaries : Dr. Yves M. BIRAUD, Counsellor, Head of the M. Georges DE BRANCION, Head of the Epide- Epidemiological Intelligence Service, League miological Service, Office International d'Hy- of Nations ; in charge of the Health Division, giène Publique, Paris. United Nations. Mr. Hung T. CHu, Press Attaché, Chinese Delegation to the United Nations, New York. Deputies : Mr. Eduardo JIMENEZ DE ARECHAGA, Under- Mr. Zygniunt DEUTSCHMAN, Deputy Chief, Secretary, Advisory Committee for Inter- Epidemiological Information Service, American Defence, Montevideo. UNRRA ; Health Division, United Nations. Mr. Lyman C. MOORE, U.S. Bureau of Budget, Mr. Walter R. SHARP, Professor of Public Washington, D.C. Administration, New York CityCollege ; M. Antoine H. ZARB, Head of the Legal Service, Health Division, United Nations. Office International d'Hygiène Publique, Paris.

3. OFFICERS AND COMMITTEES

Officers of the Conference. General Committee. President : Dr. Thomas PARRAN (United States of America). Chairman : Dr. Thomas PARRAN (United States of America). Vice-presidents: Dr. Geraldo H. DE PAULA SOUZA (Brazil). Dr. Geraldo H. DE PAULA SOUZA (Brazil). Dr. James Kofoi SHEN (China). Dr. Brock CHISHOLM (Canada). Dr. André CAVAILLON (France). Dr. James Kofoi SHEN (China). Dr. Fedor Grigorievitch KROTKOV (Union ofH.E. Dr. Aly Tewfik SHOUSHA Pasha (Egypt). Soviet Socialist Republics). Dr. André CAVAILLON (France). Sir Wilson JAMESON (United Kingdom). Lt.-Col. C. K. LAKSHMANAN (India). Secretary- General ex officio : Dr. W. A. TIMMERMAN (Netherlands). Professor Henri LAUGIER, Assistant Secretary- Dr. Karl EVANG (Norway). General in charge of the [Department ofDr. Carlos Enrique PAZ SOLDAN (Peru). Social Affairs of the United Nations. Dr. F. G. KROTKOV (Union of Soviet Socialist Secretary : Republics). Dr. Yves M. BIRAUD. Sir WILSON JAMESON (United Kingdom). Dr. Arnoldo GABALDÓN (Venezuela). Assistant Secretaries : Dr. Andrij a STAMPAR (Yugoslavia). Mr. Zygmunt DEUTSCHMAN. Mr. Walter R. SHARP. Secretary : Dr. Yves M. BIRAUD. - - Credentials Committee. Committee on Rules of Procedure1. Chairman: H.E. Dr. Aly Tewfik SHOUSHA Pasha Chairman: Dr. André CAVAILLON (France). (Egypt). Dr. Alberto ZWANCK (Argentina). Dr. Pedro NOGUEIRA (Cuba). Mr. Ernest CôTÉ (Canada). Dr. Phokion KoPANARIS (). Dr. Szeming SZE (China). Taha Elsayed Bey NASR (Egypt). Dr. Hilario LARA (Philippines). Mr. F. A. VALLAT (United Kingdom). Dr. Martin KACPRZAK (). Mr. Durward V. SANDIFER (United States). Secretary : Mr. Hung-Ti CHU. Secretary : Mr. Walter R. SHARP.

W orkingCommittees.

Committee I. - Scope and Functions Ex-officio : of the World Health Organization. Dr. Brock CHISHOLM (Canada), Chairman of Officers of the Committee : Committee II. Dr. Martin KACPRZAK (Poland), Vice-Chairman Chairman :H.E. Dr. Aly Tewfik SHOUSHA of Committee II. Pasha (Egypt). Vice-Chairman :Dr. Octavio S. MONDRAGÓN Terms of reference: (Mexico). Rapporteur : Dr. René SAND (Belgium). Committee II was entrusted with the con- Secretary : Mr. Walter R. SHARP. sideration of the following sections of the draft constitutional proposals : Members of Drafting Sub-Committee : Section V - (Organs). Chairman and Rapporteur :Dr. René SAND Section VI - (World Health Conference). (Belgium). Section VII - (Executive Board). Dr. Jean CAYLA (France). Major C. MANI (India). Section VIII - (Director-General and Secre- Dr.I.I.KALTCHENKO (UkrainianSoviet tariat). Socialist Republic). Section IX - (Committees). Dr. H. S. GEAR (Union of South Africa). Section X - (Conferences). Section XI - (Headquarters). Ex-officio : Section XIII - (Budget and expenses). H.E. Dr. Aly Tewfik SHOUSHA Pasha (Egypt), Section XIV - (Voting). Chairman of Committee I. Section XV - (Reports submitted by States). Dr. Octavio S. MONDRAGÓN (Mexico), Vice- Chairman of Committee I. Committee III. - Legal Questions. Terms of reference : Officers of the Committee : The following items were referred to the Com- Chairman : Dr. Karl EVANG (Norway). mittee : Vice-Chairman :Mr.NicholaiTimofeevitch Name of the Organization ; EVSTAFIEV(ByelorussianSovietSocialist Draft constitutional proposals : Republic). Rapporteur : Dr. Xavier LECLAINCHE (France). Section I - (Preamble). Secretaries :Mr. Eduardo JIMENEZ DE ARE- Section II - (Aims and objectives). Section III - (Functions). CHAGA and Mr. Antoine H. ZARB. Members of Drafting Sub-Committee : Committee II. - Administration and Finance. Chairman and Rapporteur : Dr. André CAVAIL- LON (France).2 Officers of the Committee: Dr. Alberto ZWANCK (Argentina). Chairman : Dr. Brock CHISHOLM (Canada). Mr. Ernest CôTÉ (Canada). Vice-Chairman : Dr. Martin KACPRZAK (Poland). Dr. Szeming SZE (China).3 Rapporteur : Professor Jacques PARISOT Taha Elsayed Bey NASR (Egypt). (France). Dr. Karl EVANG (Norway). Secretaries :Mr. Georges DE BRANCION and Dr. Lev Vasilievitch GROMASHEVSKY (Union of Mr. Lyman C. MOORE. Soviet Socialist Republics). Mr. F. A. VALLAT (United Kingdom). Members of Drafting Sub-Committee : Mr. Durward V. SANDIFER (United States of Chairman and Rapporteur :Professor Jacques America). PARISOT (France). The delegation of the Union of Soviet Socialist Dr. Josef CAN6Ix (Czechoslovakia). Republics was also elected to membership of this Dr. Rulx LEÓN (Haiti). Committee, but was unable to attend the meetings. Dr. T. R. RITCHIE (New Zealand). 2 LaterreplacedbyDr.XavierLeclainche Dr. Frank G. BOUDREAU (United States of (France). America). a Later replaced by Dr. L. Chin Yuan (China). - - Dr. Joseph N. TOGBA (Liberia) and Mr. C. Terms of reference: J. GOUDSMIT (Netherlands) assisted the Drafting Committee IV was entrusted with the con- Sub-Committee in the preparation of the final textsideration of section XVII of the draft constitu- on " Associate Membership " (Chapter III). tional proposals (Relations with Other Organ- Terms of reference: izations) and with the drafting of the Arrangement The following sections of the draft constitu-for the establishment of an Interim Commission, tional proposals were referred to this Committee :including provisions for the assumption by the Commission (and eventually the World Health Section IV - (Membership). Organization) of the duties and functions en- Section XVI - (Legal Status). trusted to the United Nations Relief and Reha- Section XVIII - (Amendments). bilitation Administration by the Sanitary Con- Section XIX - (Entry into force). ventions of 1944 and the Protocols thereto.The Committee III was also entrusted with theCommittee was also charged with the drafting drafting of the Protocol concerning the Officeof a resolution concerning the transfer to the International d'Hygiène Publique and was gene-World Health Organization of the activities of rally available to all committees of the Con-the League of Nations Health Organization. ference for consultation and advice on legal aspects of their work. Committee V. - Regional Arrangements. Committee IV. -Relations with the United Nations Officers of the Committee: and other Organizations. Chairman :Dr, W. A. TIMMERMAN (Nether- Officers of the Committee: lands). Vice-Chairman : Dr. Luis F. THOMEN (Domini- Chairman : Dr. Arnoldo GABALDÓN (Venezuela). can Republic). Vice-Chairman : Dr. Karel MACHAUK (Czecho- Rapporteur : Major C. MANI (India). ).1 Secretary : Dr. Yves M. BIRAUD. Rapporteur : Dr. Szeming SZE (China). Secretary : Mr. Walter R. SHARP. Members of Drafting Sub-Committee: Members of Drafting Sub-Committee: Chairman and Rapporteur : Dr. W. A. TIMMER- ChairmanandRapporteur :Dr.Arnoldo MAN (Netherlands). GABALDÓN (Venezuela). Dr. Szeming SZE (China). Sir Raphael CILENTO (Australia). Dr. Aristides A. MOLL (El Salvador). Dr. Szeming SZE (China). Major C. MANI (India). Dr. Jorge BEJARANO (Colombia). Mr. Durward V. SANDIFER (United States of Dr. Jean CAYLA (France). America). Dr. Martha M. ELIOT (United States of Ame- Dr. Andrija STAMPAR (Yugoslavia). rica). Terms of reference: Ex-officio : Section XII of the draft constitutional pro- Dr. Josef CAN6IK (Czechoslovakia), Vice-Chair-posals relatingto regional arrangements was man of Committee IV. referred to this Committee.

Central Drafting Committee.

Chairman :Dr. Melville D. MACKENZIE (UnitedMr. Durward V. SANDIFER (United States of Kingdom). America). Dr. René SAND (Belgium). Dr. Szeming SZE (China). The Committee was assisted by the following Dr. Aristides A. Mom. (El Salvador). legal experts : Dr.L.V. GROMASHEVSKY (UnionofSoviet Mr. Ernest Cent (Canada). Socialist Republics). Mr. F. A. VALLAT (United Kingdom). 1 Later replaced by Dr. Josef Can »eik (Czecho- Mr. Durward V. SANDIFER (United States of slovakia). America). - 16 -

III. SUMMARY REPORT ON THE PROCEEDINGS

1.CONSTITUTION OF THE WORLD HEALTH ORGANIZATION

The Constitution of the World Health Organ-of this-" World Health Organization of the ization, signed in New York on 22 July 1946 onUnited Nations ".Following the withdrawal by behalf of sixty-one States, consists of a preamblethe United Kingdom of its own amendment, a and nineteen chapters, the latter being sub-dividedroll-call was taken on the Netherlands proposal, into eighty-two articles numbered consecutivelythirty votes being cast in the negative and in a single series. seventeen in the affirmative. The Conference then As the basic charter of the Organization, theunanimously approved " World Health Organ- Constitution sets forthitsover-all objective,ization " as the name of the new institution. enumerates its functions, establishes its central and regional structure, defines its legal status, and provides for co-operative relationships between itPreamble. and the United Nations and other organizations, The Preamble enumerates nine basic principles both governmental and private, concerned withconsidered by the Conference to be fundamental health matters. " to the happiness, harmonious relations and security of all peoples ".Health is defined, not negatively or narrowly as the absence of disease Name of the Organization. or infirmity, but positively and broadly as " a state of complete physical, mental and social well- The choice of an appropriate name for the newbeing ", the enjoyment of which should be part organization gave rise to active discussion in theof the rightful heritage of " every human being Conference.With a view to emphasizing thewithout distinction of race,religion,political universal range of co-operative action for health,belief, economic or social condition ". the Technical Preparatory Committee proposed the name " World Health Organization ".The Within this context, international collaboration report of Committee I (Scope and Functions)in health matters was held to encompass the im- provement of standards of national health in all recommended that this title be retained. , the dissemination of medical, psycho- When this report came before the full Con-logical, and related knowledge throughout the ference for consideration, the Chinese delegate,world, and the development of an informed public seconded by the delegates of the Ukraine, Argen-opinion on health problems.The Preamble places tina, Canada, the Dominican Republic, Mexico,special emphasis on the mental and social adjust- and Brazil, made an eloquent appeal for thement of the to the " changing total environ- approval of the Committee's recommendation asment " in which he lives and recognizes the best symbolizing the new " world age " of to-day.growing responsibility of Governments every- While not contesting the desirability of thiswhere for " the provision of adequate health and emphasis in general, the United Kingdom repre-social measures " for their peoples. sentative nevertheless moved to amend the report by substituting " United Nations " for " World " In accepting the Constitution, ihe contracting in the proposed title.In defence of this amend-parties pledge themselves to co-operate for the ment, the following considerations were advanced :realization of the foregoing principles through the (r) the Organization had had its inception at theWorld Health Organization " as a specialized San Francisco Conference, and the Internationalagency within the terms of Article 57 of the Health Conference had been convened by the Charter ". Economic and Social Council ;(2)since the Constitution clearlir contemplated that the Organ- ization should be brought into formal relationshipChapter I. - Objective. with the United Nations as a " specialized The Conference deemed it appropriate to recast agency ", this " solidarity " should be manifestedand transfer to Chapter II of the Constitution " by making the connexion evident in the title " ; (dealing with functions) six of the seven specific and (3)it was hoped that the United Nationsaims and objectives which had been proposed by would at an early date embrace the entire familythe Technical Preparatory Committee for Chapter of nations.This point of view was warmlyI. On the initiative of Canada, a simple formula endorsed by the Australian delegate. for expressing the over-all objective of the Organ- As a compromise solution, the Netherlands putization was adopted as the text of Chapter I, as forward the name " United Nations World Healthfollows : Organization ", while Panama suggested a variant " The objective of the World Health Organ- ization . ..shall be the attainment by all For full text of the Constitution, see page too.peoples of the highest possible level of health." - 17 -

Chapter II. - Functions. some of the members holding that properly belonged to the sphere of action of the This chapter enumerates the functions whichInternational Labour Organization. On the other the Organization may for the purpose ofhand, certain delegates at the Conference, notably implementing its primary objective. These func-those of Belgium, the Netherlands, and Sweden, tions, twenty-two in number, fall into six inter-pointed but that nearly every aspect of social related categories. security had some bearing on health and would therefore be of concern to WHO. After extended discussion it was agreed that the role of the i.General and co-ordinative. The organizationOrganization in regard to social security should is designed as the directing and co-ordinatingbe confined to fact-finding, analysis, and report- authority in all matters relating to internationaling in collaboration with other specialized agencies health work. As such, it will occupy a paramountdealing with social security problems. position in relation toall other inter-govern- mental agencies concerned with any aspect of health.Within the field of its competence, the Organization is empowered generally " to take 4.Promotional and educational activities.The all necessary action " to further its aims. Organization is given an explicit mandate to promote and child welfare and to foster activities in the field of .In conjunction with such agencies as ILO and FAO, 2.Co-operation with other organizations. Underit will also institute action looking towards the the provisions of Chapter II, WHO is requiredprevention of accidental (chiefly ) injuries " to establish and maintaineffectivecollabo-and " the improvement of nutrition, , ration " with the United Nations, specializedsanitation, recreation, economic or working condi- agencies in related fields, national health admi-tions and other aspects of environmental hygiene". nistrations,privatescientific and professional groups, and such other agencies as may be appro- The educational work of the Organization will priate.More specifically, the Conference notedbe of two kinds.On the technical level, WHO that active and sustained co-operation by WHOwill aid in bringing about improved standards with such specialized agencies as ILO, FAO, andof teaching and training in the health, medical, UNESCO would be essential in connexion withand related professions, including arrangements the promotion of measures for the improvement for the widest possible dissemination of scientific of economic and social conditions affecting healthand technical knowledge both to research workers and for the advancementof general healthand to practitioners.As regards the lay public, . it will assist " in developing an informed public opinion among all peoples on matters of health " through its own publications as well as the media a.Research and technical services.Under thisof the Press, radio, and motion picture.The heading a variety of activities is envisaged by theConference took cognizance of the fact that the Constitution. These include the conduct and pro-public relations programme of WHO should be motion of research; the establishment and adminis-closely articulated with that of the United Nations tration of epidemiological and statistical services ; and cognate agencies. the development of international standards for food,biological,pharmaceutical, and similar products ;thestandardizationofdiagnostic procedures as necessary ; and the improvement 5. Field operations. Chapter II of the Constitu- of international nomenclatures of diseases, causestion authorizes the Organization to provide direct of death, and public health practices.All theseaid to Member Governments, upon request, for activities will have as their broad aim the morethe purpose of strengthening their health services. effectivecontrol and eventual eradicationof Secondly, it is expected to furnish appropriate disease. With a view to avoiding any implication technicalassistanceinemergencies,suchas that such work would be of limited range, theepidemics, whether upon the request of Govern- Conference decided against making any referencements or upon its own initiative (provided the to specific types of disease in the text of theGovernments concerned agree to accept such Constitution. assistance). It was the understanding of the Conference that WHO would not operate inside In addition to furthering medical research, theany without the approval of the Govern- Organization is empowered to study and reportment. In the third place, the Organization, when on the administrative and social aspects of publicrequested by the United Nations, may provide health and medical care from the preventive as" health services and facilities to special groups, well as the curative standpoint, including hospitalsuch as the peoples of Trust Territories ".The services and social security. The Technical Pre-draft proposals of the Technical Preparatory paratory Committee had been doubtful whetherCommittee made specific mention of " displaced the promotion of health insurance should bepersons " in this respect. Opposition to the entire specifically included among the functions of theparagraph was expressed by theUkrainian Organization. Various members of the Economicdelegate in Committee I (Scope and Functions). and Social Council had, moreover, expressedThe Conference decided to omit any reference to divergent views on this subject when the draft" displaced persons ", but the rest of the pro- proposals were before the Council for comment,vision was retained. Accordingly, while WHO is - i8 -

not empowered in so many words to furnish aidSeeking a formula that would reconcile these two to displaced persons, the Constitution does notproposals, the Chinese delegation submitted a text preclude- its doing soif the United Nationsproviding that all States invited to the Conference should so request. would be eligible for membership upon signing or accepting the Constitution immediately. This text,as subsequently modifiedinlinewith 6.Regulatory measures.Not least importantsuggestions made by the Union of Soviet Socialist among WHO's functions are three types of inter-Republics, the United Kingdom and the United national regulatory action which it is authorizedStates, became the basis for the membership to initiate.First, the Organization may makeprovisions finally inserted into the Constitution. formal recommendations to Governments with respect to international health matters. Secondly, it may adopt international conventions or formal These provisions (Articles 4 to 6) stipulate that agreements for acceptance by Governments in allStates invited to send representatives or accordance with their constitutional processes.observers to the Conference may become members In the third place, it may issue regulations onby accepting the Constitution provided that the specified subjects which become effective for allacceptance of those States not members of the Member States under certain conditions.The United Nations is effected prior to the first session procedures and conditions governing the exerciseof the Health Assembly. Subject to the conditions pf these three functions are spelled out in Chapterof the agreement bringing WHO into formal V of the Constitution and will be discussed laterrelationship with the United Nations, States which in this report (see pages 19-21 below). do not join the Organization under the foregoing provision may, upon application, be admitted by a simple majority vote of the Health Assembly. Although the report of the Legal Committee had Chapter HI. - Membership and Associaterecommended admission of such States by a Membership. two thirds majority vote,the full Conference, after a roll-call vote of twenty-five to twenty- Membership. The Conference unanimouslytwo, adopted a Chilean amendment authorizing endorsed the view of the Technical Preparatoryapproval by simple majórity. Committee that membership of the Organization should be open to all States without exception. The Committee proposed that any Member of the If any Member fails to meet its financial obliga- United Nations should be entitled to acquiretions, or in other exceptional circumstances, the membership of WHO merely by accepting theHealth Assembly may suspend the votifig privi- Constitution in accordance with the provisions ofleges and services to which such Member is Chapter XIX (see page 27 below).The Com-entitled (Article. 7).In this connexion the Cana- mittee referred to the Conference the question ofdian delegate observed that in the event of resort determining the conditions under which otherto bacterial warfare it would be imperative to States might become Members of the Organization.prevent the aggressor from securing information which might reveal the effectiveness of such illegal In regard to the general principle that shouldaction.The Conference felt that such a serious govern membership, the United States delegationmatter as the suspension of voting privileges and stressed the importance of extending to all peoplesservices should rest with the Health. Assembly without delay the benefits of international actionalone and not with the Executive Board as well, in the sphere of health. The idea was advancedas proposed by certain delegates. Only the that the fight against disease should outweigh anyAssembly will have the power to restore such political considerations, since the absence of any privileges. State was bound to detract from the effective operation of WHO. It was further pointed out that in conformity with established principles of international law the membership of a State Associate membership.Early in the delibera- in the Organization could in no way affect thetions of the Conference a second question affect- question of recognition or non-recognition of theing membership of WHO became the subject of Government of such State by other Memberspirited debate. This question concerned the par- States. With a view to implementing this proposi-ticipation of non-self-governing Territories not tion, the United States submitted to Committee eligible for full membership-a question which had III (Legal Questions) a draft proposal providingbeen referred to the Conference by the Technical that non-members as well as Members of thePreparatory Committee without any concrete United Nations might join the Organization byrecommendation. The Chinese delegation took the signing the Constitution before 31 August 1946initiative in proposing that the Health Assembly or by depositing an instrument of acceptance orshould be empowered to admit as " associate by accession. members", with all rights and privileges except voting and holding office,all such territories The three delegations of the Soviet Republics" ineligible to separate membership in the United jointly introduced a counter-proposal to the effect Nations, whose areas and populations are large that States not members of the United Nationsenough, whose health problems are of world should be admitted only after the submission ofconcern,and which have indigenoushealth application and the approval of such applicationsadministrations ".The United Kingdom delega- by a two-thirds vote ,of the Health Assembly.tion, supported by France, Canada, Mexico, New - 19 -

Zealand and SouthAfrica, suggestedthatUnited Nations (e.g., ILO, FAO, and UNESCO). theparticipation of non-self governingareas Most of the delegates being of the opinion that should be limited to the regional branches ofthe word " Assembly " would emphasize more the Organization.The United States broughtappropriately therepresentativefunctionsof forward a third solution of the problem whichWHO's deliberative organ,it was decided to would have conferred upon the Health Assemblyadopt the latter name. the right to determine the criteria of selection The Brazilian delegate sponsored a proposal for and to define the conditions of participation. the inclusion of an advisory council of health experts as one of the principle organs of WHO. After discussion in the Legal Comniittee, theIn his opinion such a council might tend to keep United Kingdom offered to accept the principlethe organization from becoming too " bureau- of associate membership at the central level,cratic " and might in time develop into an inter- national academy of health.The Rapporteur of provided such membership was restricted to athe Technical Preparatory Committee explained maximum of,say, twenty territories. China joined in support of this arrangement and agreedto the Conference that sympathetic, consideration with the United States that participation shouldhad been given to this proposal.The Com- require the consent of the Governments respon-mittee, however, had felt that the Organization, sible for the foreign relations of the territoriesunder the general authority to establish com- concerned. mittees, could set up an advisory council at any time it might be considered desirable.This view prevailed and no explicit provisiOn was made in The drafting sub-committeesofthe Com-the Constitution for such a body. mitteesonLegalQuestionsandRegional Arrangements, to which the matter was referred, submitted a text which took account of theChapter V. - The World Health Assembly. divergent views expressed on the subject.This text, as approved by the full Conference, provides Composition.There was general agreement that territories or groups of territories which arethat the World Health Assembly should be com- not responsible for the conduct of their inter-posed of delegates representing Members, each national relations may be admitted as associate Member having one vote.Alternative proposals members by the Health Assembly upon applica-as to the make-up of Member delegations had tion made on their behalf by the Member orbeen submitted by the Technical Preparatory other authority having such responsibility, theCommittee : nature and extent of the rights and obligations of 1.That each Member should be represented such territories being reserved for determinationby a single delegate, and by the Assembly (Article 8).The reason for including the term " other authority " in the 2.That representation should include not revised wording was to make it possible for Trustmore than three delegates, one of whom should Territories, whether administered by a singlebe designated by the Member State as chief Power or by the United Nations collectively, to be delegate. admitted to associate membership of WHO. At the Taking the view that the second proposal would instance of the Liberian delegate, the Conferenceallow Member States more opportunity to include added a provision that the representatives ofnon-governmental experts along with govern- associate members not only should be qualifiedmental officials in their delegations to the Health by their technical competence in the field ofAssemby, the Conference decided accordingly, health, but should also be chosen from the native adding a recommendation to the effectthat population.The adopted text imposes no limita-delegates " should be chosen from among persons tion upon the number of associate members ;most qualified by their technical competence in nor does it obligate the Health Assembly to consultthe field of health, preferably representing the with the State or other authority responsible fornational health administration of the Member " the foreign relations of associate members before (Article ii).Provision was also made for the deciding what their rights shall be. inclusion of alternates and advisers in Member delegations (Article 12).

Chapter IV. - Organs. Meetings.The consensus of opinion was that The Conference approved without argumentannual sessions of the Health Assembly should the central institutionalstructurefor WHObe rotated from region to region with a view to envisaged by the Technical Preparatory Com-stimulating interest in public health work around mittee.It was accordingly decided that the workthe world. The Constitution thus provides that of the Organization should be performed by aat each annual session the Assembly shall select World Health Assembly, an Executive Board, andthe country or region in which the next annual a secretariat (Article 9).One slight change insession shall take place, " the Board subsequently organizational terminology was, however, votedfixing the place " (Article 14).Special sessions by the Conference.The Technical Preparatorymay be convened at the request of the Board or a Committeehadproposedthatthegeneralmajority of the Members of the Organization. deliberative body of WHO should be called the " World Health Conference "-a name that would Officers and rulesof procedure.The Health have been more in harmony with the terminologyAssembly is authorized to elect its president and employed in similar specialized agencies of theother officers, whose terms will extend from one - 20 - annual session to the next (Article16).Theimprovement of international sanitary conven- Assembly may also adopt its own rules of pro-tions would be much easier to achieve in the cedure (Article 17). future than was the case before the war, when special conferences had to be convened for this Functions(Article18). As thesovereignpurpose, the long delays resulting in the pro- deliberative body of the Organization, the Healthvisions of such conventions becoming obsolete. Assembly is entrusted with general responsibilityOn the other hand, the Conference was unwilling for approving its programme of work and super-to accept an alternative procedure which would vising its financial and budgetary policies.Thehave given the delegates to the Health Assembly Assembly must also consider recommendationsfull powers to sign conventions on behalf of bearing on health matters which are made to ittheir Governments without reservationasto by the appropriate organs of the United Nationsacceptance.It was contended that the present and report to them on action taken by WHO tostage of international law made such a procedure give effect to such recommendations. impracticable. The Conference approved the recommendations of the Technical Preparatory Committee :1 2.Regulations (Articles 21-22).Probably the 1.That the Health Assembly should reviewmost significantcontribution to international and approve proposals submitted to it by thelegislative technique in the health field made by Executive Board and the Director-General ; Constitution lies in the power it confers upon the Health Assembly to adopt regulations 2. That it might instruct the Board in regardon a broad range of technical matters. A special to matters upon which study, investigation, orsub-committee was appointed to consider the action by the Organization was necessary ; andbasic principles that should govern the entry into 3.That it should be authorized to delegate toforce of such regulations.This sub-committee the Board such of its powers as it deemed appro- . cited certain provisions of the Convention priate. on International Civil Aviation and the Inter- national Sanitary Convention for Aerial Navi- The Assembly will elect the Board and appointgation of 1933, which it considered might serve as the Director-General upon nomination by the precedents.It was noted that the principle of Board.In order to implement the research and" tacit approval " of amendment proposals had technical operations of the Organization, thebeen incorporated in the latter convention, while Assembly may also establish such committees andthe former provided that " international technical " other institutions " as it considers advisable andstandards and practices " adopted by the Council take any further appropriate action to promoteof ICAO would become effective for all Member the over-all objective of WHO. States within three months (or such longer period With a view to underlining the importance ofas the Council might determine) " unless in the the role of the Health Assembly in carrying outmeantime a majority of the contracting States thequasi-legislative and regulatory functionsregister their disapproval with the Council ".1 - conferred upon the Organization, the Conference, after extended discussion, decided to define the Although the members of the sub-committee procedures governing the exercise of these func-did not fully agree in their interpretation of these tions in separate articles of Chapter V, as indicatedarrangements, they were all in favour of a scheme below. which would expedite the coming into force of the proposed international health regulations.After 1. Conventions and agreements (Articles 19-20).studying various alternative suggestions, the sub- The Assembly, in respect of any matter withincommittee recommended that the text of the the jurisdiction of WHO, may adopt internationalParis draft proposals on this point should be conventions and other formal agreements by aapproved without change.This text 2 provides two-thirds vote (instead of by a simple majoritythat regulations adopted by simple majority vote as proposed by the Technical Preparatory Com-of the Health Assembly shall become effective mittee).Any such convention or agreement willfor all Members after due notice, " except for such come into force for each Member of the Organ-Members as may notify the Director-General of ization 'when accepted by it in accordance with itsrejection or reservations within the period stated constitutional processes.Within eighteen monthsin the notice ".This procedure places on each after the adoption of a convention or agreement, Member of the Organization the burden of declar- each Member Government is obligated to takeing its refusal to accept a regulation.In other action relative to its acceptance and to notifywords, it will have to " contract out " of the the Director-General of the action taken or, if itobligation instead of having the right to " con- does not accept the instrument in question, totract in " by act of formal acceptance. furnish a statement of the reasons for non- Vigorous opposition to the principle of " con- acceptance.Following acceptance, an annualtracting out " was expressed by the Ukrainian report must be made to the Director-General ondelegate on the ground that it would constitute the progress achieved in applying the instrument" an infringement on sovereignty ".Belgium also through legislative and administrative channelsobjected because of the possibility that a State as stipulatedinChapter XIV (see page 25might be bound " through oversight " on the part below). In adopting the foregoing provisions, the Con- 1 See InternationalCivil AviationConference, ferenceconsideredthattheunificationand Final Act and Related Documents, Chapter XX, article go. 1 See O. Rec. WHO, No. 1, page 71. 2 See og. Rec. WHO, No. 1, page 71. - 21 - of its own Government.Representatives of thewould have pledged Member States,within United Kingdom, United States, China, Mexico,eighteen months, to bring each recommendation and Irelandsaid in reply tothis argumentbefore the authority or authorities competent to that since the Organization would have directenact legislation or to take other appropriate accessto the health administration of eachaction.In view of the authority conferred upon Member, notification of the adoption of regula-the Organization relative to conventions and tions would reach the agency of government most regulations, the Conference accepted a modified directly concerned.The Ukraine later agreedform of the Belgian proposal, which gives the to accept the proposed procedure provided itsHealth Assembly " authority to make recommen- application " were limited, on a temporary basisdations to Members with tespect to any matter pending later positive action by Governments ",within the competence of the Organization ", but to the application of new techniques for con-which requires them merely to submit annual trolling the international spread of disease.A reports on the action taken with respect thereto numberofothersafeguardmeasureswere (see page 25 below). then suggested, but all were eventually discarded by the sub-committee as being unduly restrictive. Chapter VI. - The Executive Board. When the Conference in plenary session pro- ceeded to consider the report of Committee II Composition (Articles 24-25).The Conference (Administration and Finance), the delegate of the decided that the Board should be composed of Union of Soviet Socialist Republics moved toeighteen persons technically qualified in the field amend it by providing that regulations shouldof health, and that the Health Assembly should enter into force for all Members after formal" elect the Members entitled to designate a person approval by the Governments of two-thirds ofto serve on the Board ".At the suggestion of the Members.This amendment was, however, Australia, it was further decided that the Assem- withdrawn after the attention of the Sovietbly, in electing such States, should keep in mind delegate had been invited to the fact that under histhe desirability of an " equitable geographical proposal a third of the Members of the Organ-distribution ".A proposal introduced by the ization could be bound to apply a regulationUkraine calling for permanent representation of without their consent. China, France, the Union of Soviet Socialist Republics, the United Kingdom, and the United The subject-matter which may be covered byStates on the Board received the support of only regulations was extended by the Conferenceone other delegation, the overwhelming view of beyond the list of items enumerated in the reportthe Conference being that all Member States of the Technical Preparatory Committee.Con- should be on an equal footing in regard to partici- cerning drugs moving in international commerce, pation in the work of the Board.It was unani- the report had limited the scope of the regula- mously agreed that the eighteen designating States tions to the establishment of standards as to theshould be electedfor three-year overlapping " , purity, and potency of drugs.. .interms, with eligibility for re-election. official pharmacopceia ".1 The Conference broad- ened this provision to include " biological, phar- maceutical and similar products ".Similarly, Meetings and procedure (Articles 26-27).The inconnexion with regulations governing theBoard is required by the Constitution to meet at labelling of such products, the Conference, at theleast twice a year and to determine the place of instance of Panama, added " advertising ". its meetings.It must also elect its chairman and adopt its own rules of procedure. On the other hand, the Conference refused to approve the recommendation of its Committee Functions (Articles 28-29).A marked diver- on Administration and Finance that the subject-gence of opinion as to the role of the Executive matter of regulations should extend to the pre-Board developed in the Conference.The United vention of the importation by Members of any ofStates delegation sponsored a number of amend- the foregoing products which did not conformme'nts to the Paris draft proposals, the purpose to standards adopted by the Health Assembly. of which was to limit the Board's role primarily Objection to this provision was raised by theto that of a standing committee of the Health Union of Soviet Socialist Republics and variousAssembly for matters of programme and policy, Latin-American representatives on the groundleaving executive functions almost entirely in the that it dealt with questions of commercial policyhands of the Director-General.These amend- which did not properly fall within the jurisdictionments were seconded by Canada and China, but of a health organization. met with opposition from a majority of the delegates,who preferredthattheDirector- General should be made responsible to the Health 3.Recommendations (Article 23).The dele-Assembly through the Executive Board instead of gate of Belgium proposed the adoption of a pro-directly.Accordingly, the text adopted by the cedure governing formal recommendations toConference provides that the Board shall " act as Members based upon the practice of the Inter-the executive organ of the Health Assembly ". national Labour Organization.This procedureInhiscapacityasthechief technical and administrativeofficeroftheOrganization, moreover, the Director-General will be subject 1 See Off. Rec. WHO, No. I, page 71. to the authority of the Board (Article 31). - 22 -

The Board is empowered to advise the Health unrestricted direct access, in view of the essentially Assembly on questions referred toit by thetechnical work to be performed by the Organ- Assembly and on matters assigned to the Organ-ization. A compromise text was evolved which ization by conventions, agreements, and regula-authorizes the Director-General to establish a tions.It may also submit advice and programmeprocedure," by agreementwithMembers ", proposals to the Assembly on its own initiative.permitting him to have direct access.He may Finally, authority to approve emergency mea-also establish direct relations with international sures, such as the organization of health relief toorganizations whose activities relate to the com- victims of a calamity and steps to combat epi-petence of WHO. demics, is conferred upon the Board, the Director- General having responsibility for the execution of Stag of the Secretariat (Articles 35-37).The such measures. A provision was inserted stipulat-provisions of the Constitution concerning the ing that the Board, in exercising powers delegatedappointment and status of the staff of the Organ- to it by the Health Assembly, shall act " on behalfization follow closely the corresponding provisions of the whole Health Assembly ". of the United Nations Charter.The Director- General is given authority to appoint his staff, subject to regulations to be approved by the Chapter VII. - The Secretariat. Health Assembly.In the selection of staff, the efficiency,integrity, and internationally repre- This chapter begins by defining the composi-sentative character of the Secretariat are laid tion of the Secretariat in language which closelydown asguidingprinciples, with due regard parallels that of Article 97 of the United Nationsalso to recruitment on as wide a geographical Charter-i.e.," The Secretariat shall comprisebasis as possible.It is further provided that the Director-General and such technical andthe conditions of serviceof the staff should administrative staff as the Organization mayconformasfarasispracticableto those require " (Article 3o). obtaining in other UnitedNations agencies. Protection of the staff from political pressure Director-General.As indicated earlier in thisand interference with their duties is the object report, the I5irector-General will be appointed byof provisions which bar them from seeking or the Health Assembly upon nomination by theaccepting instructions from Governments or other Board, subject to such conditions as to term, authorities external to the Organization and which salary, allowances, etc., as the Assembly mayobligate Member Governments to respect " the attach to the appointment.The Paris draftexclusively international character of the Direct or- proposals recommended (a) that the Director-General and the staff and not to seek to influence General should be appointed for an initial termthem ". of five years and be eligible for reappointment for such period as the Assembly might determine, and (b) that he should be subject to removal byChapter VIII. - Committees. the Assembly " forvalidcause ".1 At the instance of the United Kingdom delegate, the The section of the Paris draft proposals relative Conference decided to omit any reference in theto the establishment of committees was adopted Constitution to length of term or procedure ofwithoutsubstantivechange.The Board,as removal, believing thkt these questions shoulddirected by the Assembly, on its own initiative, be left to the judgment of the Assembly in theor on the proposal of the Director-General, may light of varying circumstances. establish such committees as may be considered desirable " to serve any purpose within the com- In addition to being designated as the chiefpetence of the Organization " (Article 38). From technical and adniinistrative officer of the Organ-time to time, and at least once a year, the Board ization, the Director-General is made ex officiois required to review the necessity for continuing secretary of the Health Assembly, the Executivesuch committees (Article 39).Provision is also Board, and allcommissions and committeesmade for the creation of, or participation in, joint established by WHO, with the right to deleghteor mixed committees with other organizations, as these functions.A proposal of the Canadianthe Board may consider appropriate (Article 40). delegation to make the Director-General a member of the Board without vote was rejected. Chapter IX. - Conferences. Several delegations favoured the imposition of Both the Assembly and the Board are em- restrictions on the right of the Director-Generalpowered to convene " local, general, technical or to establish direct contact with national healthother special conferences " for the consideration administrations or governmental and privateof any matter within the competence of WHO. organizations in the health field.The UkraineThey may provide for the representation at such considered that the exercise of this right shouldconferences of other international organizations ; be limited to "'urgent cases ", while Syria pro-and,withtheconsentof theGovernment posed that the Director-General should be allowedconcerned, national organizations, governmental to communicate with national health services only through the Executive Board. as well asprivate, may be invited to' parti- The United Statescipate in such conferences (Article 41). The delegation strongly supported the principle ofrecommendation of the Technical Preparatory Committee that authority to convene conferences 1 See Off. Rec. WHO, No. 1, page 72. should be vested in the Board only " in cases of - 23 - emergency "1 was rejected on the ground that and of " developing them as quickly as practicable such a clause would unduly restrict the Board'sintoregionalofficesoftheOrganization ".1 freedom of action. Alternative B envisaged arrangements designed merely to make possible the utilization of such facilities and services " to the fullest possible Chapter X. - Headquarters. extent as regional offices of the Organization ".2 Consideration of the location of the permanent Relationshipofthe Pan American Sanitary headquarters of the Organization gave rise toBureau to WHO (Article 54) .The primary issue, divergent points of view.There was no disagree-which had to be settled by the Conference was ment with the opinion of the Technical Pre-that of determining the relationship of the new paratory Committee that the headquarters shouldhealth organization to the Pan American Sanitary be situated " at or near a centre recognized forBureau, the oldest and most important inter- the excellence of its health and medical facilities ".1governmental regional health agency in existence. Certain delegations (in particular those of Austra-Specific amendments to the Paris draft proposals lia and the Soviet Republics) were in favour ofwere submitted by the delegations of Brazil, fixing the location by constitutional provision ;Canada, France, Norway, the Soviet Republics others (notably the United States, the United(jointly) the United Kingdom, the United States Kingdom and Canada) proposed that this ques- of America, and Venezuela.The United States tion should be left for the Health Assembly toamendment, introduced as a point of departure decide.The advocates of naming the site in the fordiscussion, proposed that existing regional Constitution were divided2 between those favour-health agencies should be integrated with or ing the seat of the United Nations and thosebrought into relationship with WHO by means preferring some such European centre as Parisof special agreements providing either for their or Geneva.After exhaustive discussion in Com-transformation into regional offices or for the mittee II, it was decided to authorize the Healthutilization of their facilities and services, pending Assembly to determine the site " after consulta-their progressive merger with the Organization tion with the United Nations " (Article 43), itas circumstances permitted.In amplification of being understood that the Organization wouldthis proposal, the United States delegation sub- not necessarily be bound to accept any recom-mitted a resolution advocating the principle of mendation that might be made thereon by the" dual allegiance " in the sense that the Pan United Nations.It was also agreed that theAmerican Sanitary Bureau should not only pro- Interim Commission should study the mattermote regional health programmes and under- and submit proposals to the first session of thetakings among the American Republics " in Health Assembly, due consideration being givenharmony with the general policies of WHO ", but to the discussion by the International Ilia lthalso serve when necessary as its regional commit- Conference. 8 tee in the Hemisphere. In the earlier stages of Committee V's delibera- tions,theUnitedStatesproposalreceived Chapter XI. - Regional Arrangements. unqualified support from most of the Latin- By far the most controversial question beforeAmerican Republics, which, while recognizing the the Conference concerned (1) the arrangementsprinciple of a strong, united health organization to be made for the establishment and functionswith supreme authority to co-ordinate health of new regional offices or branches of the Organ-services throughout the world, pointed to the ization and (2) the relationship of existing regionaldesirability of maintaining a separate identity for health agencies to the Organization. the PASB.The delegations of Canada, China, The report of the Technical Preparatory Com-Norway and the United Kingdom put forward mittee included alternative proposals on thissuggestions which emphasized more strongly than subject. Both called for the establishment bythe United Statesproposal the necessity of the Health Assembly of " regional committees ",progressive integration of the PASB with WHO. whose functions would betohandle policyA thirdgroupofdelegates-India,Liberia, Poland, South Africa, the three Soviet Republics, mattersofanexclusivelyregionalnature, and of " regional offices " to administer regionaland Yugoslavia-urged with varying insistence policies and activities.The two proposals differed that all existing regional health agencies should in regard to the second question.Alternative Abe transformed as quickly as possible into " re- stipulated that where regional health agenciesgional committees subordinated to the World existed they should be transformed by agree-Health Organization ".The Egyptian delegate ment into regional offices of WHO and that specialintervened in the debate to call attention to the transitional arrangements should be made by therecently created Health Bureau of the Pan Arab Health Assembly with such agencies for theLeague and to request that it be accorded the purpose of utilizing their facilities and servicessame consideration as the PASB. With a view to devising a formula that would 1 See 09. Rec. WHO, No. i, page 73. be generally acceptable, a special " harmonizing 2 Of the delegations that expressed opinions onsub-committee " of sixteen members was ap- the subject, two were in favour of having the sitepointed.The members consisted of representa- at the seat of the United Nations, and eighteentives of Brazil, China, the Dominican Republic, favoured having it in Europe. (Geneva and Paris, as possible sites, each had the support of eight delegations.) 1 See og. Rec. WHO, No. i, page 73. 3 See Annex 3. 2 Ibid., page 74. - 24 -

El Salvador, France, India, Lebanon, Mexico,administratives offices will be necessary for the the Netherlands, Norway, Peru, the Union ofeffective discharge of the Organization's responsi- Soviet Socialist Republics, the United Kingdom,bilities at the regional level, and (b) that each the United States of America, Venezuela andregional branch so constituted shall be " an Yugoslavia. As a result of the prolonged delibera-integral part " of the total organization.The tions of this sub-committee, the following textHealth Assembly is given authority to define was worked out and later approved by the fullgeographical areas for regional action.With the Conference : approval of a majority of the Members situated " The Pan American Sanitary Organization,within each area so defined, the Assembly may represented by the Pan American Sanitaryestablish a regional organization " to meet the Bureau and the Pan American Sanitary Confe-special needs of such area ", but only one such rences, andallother inter-governmentalorganization may be created in each region. regional health organizations in existence prior The functions of regional committees include to the date of signature of this Constitution,the formulation of regional policies, supervision shall in due course be integrated with theof the work of the regional office, and the tender- Organization. This integration shall be effecteding of advice to the central Organization, through as soon as practicable through common actionthe Director-General, on matters of wider than based on mutual consent ofthe competentregional significance. Any regional committee authorities expressed through the organizationsmay also recommend additional appropriations of concerned." funds by the Governments of the region concerned if it considers that the general budget of WHO Participation of Non-Self-Governing Territoriesmakes inadequate provision for the financing of in Regional Committees of WHO (Article 47).regional activities.The Constitution stipulates A second problem confronting Committee V hadthat the regional office,as the administrative to do with the representation of non-self-govern-organ of the regional committee, shall be subject ing territories on the proposed regional committeesto the general authority of the Director-General, of the Organization.The report of the Technicaland that it shall be responsible for carrying out Preparatory Committee did not deal with thiswithin that region relevant decisions of the Health question.The United Kingdom, France, and aAssembly and Executive Board. number of other delegations urged that non-self- governing territoriessituated within a given Appointment of Regional Directors and Stag region should be given full membership on the(Articles 52-53). Conflicting ideas were expressed regional committee concerned.It was the viewregarding the method of appointing regional of a majority of the Committee, however, that thedirectors and of selecting their staff.The United determination of the nature and extent of theStates and Canada favoured appointment of the rights and obligations of such territories (or groupsregional director by the Director-General in con- of territories) in respect of regional committeessultation with should be determined not in the Constitution, butcommittees.This procedure, in the opinion of by the Health Assembly, in consultation with thethe delegate for Canada, would facilitate the Member or other authority responsible for theinterchange of regional directors and protect international relations of these territories and withregional committees against undue political in- Member States of the region.Following jointfluence.A variant of this arrangement recom- consideration of the problem by the drafting sub-mended by Committee V would have made the committees of Committees III and V, this viewappointment of regional directors subject to the prevailed.Associate members of the Organ-approval of the Executive Board.After extended ization situated within a region will, however,debate, the Conference in plenary session adopted have the same status as Member States on thea compromise text which gives to the )3oard the regional committee. power to appoint " in agreement with the regional committee ". Establishment and Organization of New Regional Committees and Oces (Articles 44-51). A number A similar alignment of views emerged over the of amendments were introduced for the purposequestion of selection of the staff of regional offices. ofamplifying and improving theTechnicalThe United States and various Latin-American Preparatory Committee's draft text relating todelegations at first proposed that the Director- the nature of regional arrangements which mightGeneral should have unqualified power to select be instituted by the Organization itself.Thesuch staff, while the advocates of a less centralized sources of these amendments were the delegationsprocedure favoured making each regional director of Canada, the Soviet Republics, the Unitedprimarily responsible for the recruitment of his Kingdom, and Venezuela. A special draftingstaff.On the initiative of the United States, a sub-committee co-ordinated the substanceofcompromise text was submitted to thefull most of these proposals into a single text, which Conference and adopted with only a few dissenting was later approved by the Conference. votes.This text provides that regional staff shall be appointed " in a manner to be determined This text is based upon two major assumptions :by agreement between the Director-General and (a)that both policy-making committees andthe regional director ". By unanimously approving Chapter XI as a 1 The Pan American Sanitary Bureau and the Pan American Sanitary Conferences now bear thewhole, the Conference recorded its view that the composite titleof the Pan American Sanitaryelaborate provisions inserted into the Constitution Organization. as to regional arrangements would at one and the - 25 - same time assure unity of action by the centralupon the principle of this article was unanimously Organization on health matters of world-wideapproved by the Conference (Article 6o). import and allow for adequate flexibilityin 'It is textually stipulated that decisions on the handling the special needs of regional areas. following matters must be included among those requiring a two-thirds vote of the Health Assem- bly :adoption of conventions and agreements ! Chapter XII. - Budget and Expenses. approval of agreements bringing WHO into rela- It was agreed that the Director-General shouldtion with the United Nations and with inter- prepare and submit to the Board annual budgetgovernmentalorganizationsandagenciesin estimates for subsequent approval by the Healthaccordance with Articles 69, 70, and 72 of the Assembly, " subject to any agreement betweenConstitution ; and the adoption of amendments to theOrganization and theUnited Nations "the Constitution. (Articles 55-56). The apportionment of budgetary contributions among Member nations will be determined in accordance with a scale to be fixed Chapter XIV. - Reports submitted by States. by the Assembly, with the understanding that All Member States pledge themselves to sub- this scale will conform as closely as practicablemit to the Organization annual reports on the to that adopted by the United Nations for itsaction taken and the progress achieved in improv- own budget. A proposal by Australia that theing the health of their peoples (Article 61), and expenses of the Organization should be met byon the action taken in respect to recommendations, the United Nations was rejected by Committee IIconventions, agreements, and regulationS (Article on the ground that any such arrangement would 62).The manner in which Members will provide detract from the financial independence of WHO, statistical and epidemiological reports is left for and would raiseconstitutional and technicaldetermination bY the Health Assembly (Article difficulties. 64). A further provision (Article 63) that Members The Constitution authorizes the Health Assem- shall communicate promptly " important laws, bly, or the Board acting on its behalf, to accept regulations, official reports and statistics pertain- and administer gifts and bequests provided thating to health " was qualified by the Conference, the conditions attached thereto are consistentat the instance of the Union of Soviet Socialist with the objective and policies of the Organi-Republics, by the addition of the clause, " which zation (Article 57).The Board is instructed tohave been published in the State concerned " establish a special fund to be used at its discretion (Article 63). " to meet emergencies and unforeseen contin- gencies " (Article 58). Chapter XV. - Legal Capacity, Privileges and Immunities. Chapter XIII. - Voting. While the consensus was that each MemberCommittee relative to legal capacity, privileges, should have one vote in the Health Assembly,and immunities were adopted with one minor the question of voting requirements for decisionsaddition.These proposals, which conform sub- by the Assembly, the Board, and committees ofstantially to the provisions of Articles 104 and the Organization evoked considerable discussion 105 of the Charter of the United Nations, establish in the Conference.The Technical Preparatorythe general principle that WHO shall enjoy in Committee recommended that decisions should bethe territory of each Member State such legal taken by simple majority vote of Members presentcapacity, privileges, and immunities as may be and voting, except as otherwise provided in thenecessary for the fulfilment of its objective and Constitution.'When this point was consideredthe exercise of its functions (Articles 66-67). by the full Conference, the Ukraine submittedThe Conference added a provision stipulating an amendment calling for decisions by majoritythat these matters shall be defined in a separate vote of the total membership of these bodies.agreement which the Organization, in consultation This arrangement would have made it necessary, with the Secretary-General of the United Nations, in the case of the Board, to get the concurrencewill prepare and submit to Members for conclusion of ten of the eighteen Members for all decisions.between themselves (Article 68). A compromise suggestion was made to the effect that decisions should require the affirmative vote of a majority of Members registered at any par-Chapter XVI. - Relations with other Organi- ticular meeting. zations. The Canadian delegate then drew the attention of the Conference to the provisions of Article 18 There was unanimous agreement that the the United Nations Charter, permitting decisionsWorld Health Organization should work in close by the General Assembly " on important ques-collaboration with the United Nations and with tions " to be made by " a two-thirds majority ofother national and international organizations Members present and voting " ;decisions onin pursuit of their common purposes. other matters, " including the determination of i.TheUnitedNations.TheConstitution additional categories of questions to be decidedmakes it mandatory for the Organization to be by a two-thirds majority ", being taken by simplebrought into formal relation with the United majority vote.A solution of the problem basedNations as one of its specialized agencies.The agreement or agreements concluded with this in 1 See Off. Rec. WHO, No. 1, page 74. view, as contemplated in Articles 57 and 63 of - 26 - the Charter, will be subject to approval by thezation by international agreement or by mutually Health Assembly (Article 69).During the discus-acceptable arrangements " (Article 72).All such sion of this provision, Australia expressed theagreements and arrangements will be subject to view that a resólution should be adopted by theapproval by the Health Assembly.Supplemen- Conference recommending that the budget of thetary action taken by the Conference concerning Organization should form part of the generalthe transfer to WHO of the duties and functions budget of the United Nations and that the head-of the Office International d'Hygiène Publique, and quarters of WHO should be located at the seatcertain health functions of the League of Nations of the United Nations in order to facilitate inter-and the United Nations Relief and Rehabilitation change of staff, facilities, and services.The Con- Administration, is explained later in this report ference took the position that detailed arrange-(see pages 27-28 below). ments foreffectiveco-operation might more properly be worked out by subsequent agreementChapter XVII. - Amendments. between the two organizations. The report of the Technical Preparatory Com- 2.Other international organizations. Observersmittee contained no recommendation relative to representing related international organizations,the method of amending the Constitution.In both governmental and private, made statementsview of the legal problems involved, the Com- to the Conference stressing their wish to co-mittee referred this matter to the Conference for operate with WHO on matters of mutual interest.drafting: United Nations specialized agencies presenting A proposal was introduced by the United States statements to this effect included the Inter-delegation along the lines of Article XIII of the national Labour Organization, the Food and Agri- UNESCO Constitution,whereby amendments Organization, the United Nations Edu-would become effective after approval by a two- cational,Scientific and Cultural Organization,thirds majority vote of the Health Assembly ; and the Provisional International Civil Aviationprovided, however, that amendments involving Organization.The desire for close co-operationfundamental alterations or new obligations for was also indicated by representatives of the WorldMembers would require formal acceptance by Federation of Trade Unions and the League oftwo-thirds of the Members before entry into force. Red Cross Societies. On the other hand, the delegate of India urged Certainprocedural proposals submitted bythat proposals of amendment, after adoption by representatives of these organizations were takenthe Health Assembly, should be binding only into account by Committee IV in drafting aupon those Members which subsequently ratified them.The drafting sub-committee to which the constitutional text for adoption by the Confer-problem was referred produced a compromise text ence.This text (Articles 70-71) provides that " the Organization shall establish effective rela-which provides that " Amendments shall come tions and co-operate closely with such other inter-into force for all Members when adopted by a two- governmental organizations as may be desirable ".thirds vote of the Health Assembly and accepted In case co-operative arrangements with any suchby two-thirds of the Members in accordance agency are formalized in an inter-agency agree-with their respective constitutional processes " ment, its approval by tke Health Assembly will(Article 73).This text also provides that all be necessary before it may become binding uponamendment proposals " shall be communicated WHO. Otherwise, responsibility for the develop-by the Director-General to Members at least six ment of working relations such as are here envi-months in advance of their consideration by the saged will devolve upon the Director-General. Health Assembly ". Arrangements for consultation and co-operation Although the foregoing provisions were found with non-governmental international organiza- acceptable by most of the delegates, it was decided tions may likewise be initiated and implementedto give satisfaction to the Indian representative by inserting in the official proceedings of the Confer- directly by the Director-General. ence a " declaratory statement " (following the precedent set by the United Nations Conference 3.National organizations. With respect toon International Organization at San Francisco), organizations at the national level, governmentalwhich is reproduced below : as well as private, the consent of the Government concerned must be obtained before the Director- " A Member is not bound to remain in the General may enter into consultative and co-Organization if its rights and obligations as such operativearrangements onbehalfof WHOare changed by an amendment of the Constitu- (Article 71). tion in which it has not concurred and which it finds itself unable to accept." 4.Assumption by WHO of the health functions (It should be noted, in this connexion, that the ofother inter-governmental agencies.In orderConstitution itself makes no provision for the that there might be no doubt of the intention ofwithdrawal of Members.)With the approval the Conference to establish a single health orga-ofthisdeclaratory statement, the terms of nizationwith world-widejurisdiction,it wasChapter XVII were unanimously adopted. considered necessary to insert into the Constitu- tion authorization for WHO to take over from any other international organization or agencyChapter XVIII. - Interpretation. whose purpose and activities lie within the field No provision for the settlement of disputes of its competence " such functions, resources andarising from the interpretation or the application obligations as may be conferred upon the Organi-of the Constitution was included in the report - 27 - of the Technical Preparatory Committee.On the suggested twenty-one States ;Yugoslavia pro- basis of a formal proposal submitted by the United posed twenty-six States Members of the United States, the Conference decided that disputes of Nations ; the United Kingdom, twenty-one States this character between Members, if not settledin this same category.The Legal Committee, by direct negotiation or by the Health Assembly, after having rejected all these proposals as they should be referred to the International Court ofstood, recommended that the requirement be Justice unless the parties concerned agreed to twenty-one States Members of the United Nations. some other mode of settlement (Article 75).An During consideration of the Legal Committee's additional provision was incorporation into thereport by the full Conference, a Byelorussian Constitution permitting the organization, uponamendment calling for acceptance by two-thirds authorization by the General Assembly of theof the States Members of the United Nations was United Nations or in accordance with any agree-narrowly defeated.The Conference then adopted ment between it and the United Nations, toa compromise amendment moved by Egypt to request advisory opinions from the Court " on any the effect that the Constitution should " come legal question arising within the competence ofinto force when twenty-six Members of thé United the Organization " (Article 76). Nations have become parties to it in accordance For purposes of official interpretation, it waswith the provisions of Article 79 " (Article 8o). agreed that the Chinese, English, French, Russian This article provides that States may become and Spanish texts of the Constitution should beparties in any one of three ways :(i) by signature regarded as equally authentic (Article 74). without reservation as to approval ;(ii) by signa- ture subject to approval followed by acceptance ; or (iii) by acceptance. Chapter XIX. - Entry into Force. In using the term " acceptance " instead, of The final chapter of the Constitution consists" ratification ", the Legal Committee pointed out of a series of articles setting forth the conditionsthat the former word had a broader connotation under which the instrument may come into force.than the latter and would permit of a less formal As proposed by the Technical Preparatroy Com-method of approval by a number of States.The mittee, acceptance by fifteen States would haveact of acceptance must be completed by the been sufficient.1Observations made by membersdeposit of a formal instrument with the Secretary- of the Economic and Social Council, indicating aGeneral of the United Nations. desire for a larger number, influenced a majority Subject to the provisions of Chapter III (see of the delegates in this sense.The United Statespages 18-19 above), the Constitution will remain open to all States for signature or acceptance 1 See Off, Rec. WHO, No. r, page 75. (Article 78).

2. INTEGRATION OF EXISTING INTERNATIONAL HEALTH AGENCIES WITH THE WORLD HEALTH ORGANIZATION

A. LEAGUE OF NATIONS HEALTH ORGANIZATION

The Conference took note of resolution V oftransmission to the Secretary-General. Cognizance the report of the Technical Preparatory Com-was taken of the fact that negotiations undertaken mittee, which recognized the necessity of provid-early in 1946 had resulted in arrangements for ing, without delay, temporary machinery to carrythe transfer of the functions of the Health Organi- on the activities of the League of Nations Healthzation of the League to the United Nations, the Organization.'This resolution proposed that,final session of the League Assembly (Geneva, in order to avoid duplication of functions, suchApril 1946) having approved the terms of the machinery, when created, should be transferredproposed transfer.The Conference formally ap- to the World Health Organization or its Interimproved a resolution requesting the Secretary- Commission upon the formation of either.TheGeneral to transfer these functions as soon as necessity of creating this machinery was drawn topossible to the WHO or its Interim Commission. the attention of the Secretary-General of theThis resolution was incorporated in the Final Act United Nations. The Technical Preparatory Com-of the Conference.' mittee, in its report, paid special tribute to the valuable pioneer work performed by the League In the Arrangement establishing the Interim in the field of health.2 Commission, authority was conferred upon the A special sub-committee was appointed by theCommission to take any steps necessary to com- Conference to draft an appropriate resolution forplete this transfer and thereupon to administer the health functions of the League which had 1 For the text of the resolution, see Off. Rec.been assigned to the United Nations. WHO, No. r, page 75. 2 Ibid., page 76. 1 See Part V, A. - 28 -

B. OFFICE INTERNATIONAL D'HYGIÈNE PUBLIQUE

The Technical Preparatory Committee, realiz-slightmodificationsthisdraftprotocol was ing the importance of unifying all internationalapproved by the Conference and signed at the health work under the nis of a single world-same time as the WHO Constitution on behalf wide organization, recommended that the Confer- of sixty States, eighteen without reservations.' enceshouldinitiatearrangementsforthe absorption by WHO of the Office International Under the terms of the Protocol, the signatory d'Hygigne Publique, which had been created byStates agree that as between themselves the duties the Rome Agreement of 1907.The terms ofand functions of the Office, as defined by the this Agreement provide forits renewal everyRome Agreement of 1907, and by certain inter- sevenyears. AnyStatepartyto thenational conventions and agreements listed in desiring to withdraw from the Office is requiredan Annex to the Protocol, shall be performed by to give prior notice of such intention at leastthe World Health Organization or its Interim a year before the expiration of the seven-year Commission.The Rome Agreementwillbe period.Under these conditions the Committeelegally terminated and the Office dissolved when believed that the only feasible way in which theall parties to the Agreement have approved such Office could be merged with WHO prior to the termination.It is understood that any Govern- encrof the current seven-year period in 1949 wouldment party to the Agreement, by becoming a be for the parties to the Rome Agreement to signparty to the Protocol, consents to this action. a protocol providing for appropriate amendmentFinally, the Protocol stipulates that in the event of the Agreement.With this in view the Com-that all parties to the Rome Agreement have not mittee recommended to the Economic and Socialagreed to its termination by 15 , Council that invitations to theInternationalthe States parties to the Protocol, in accordance Health Conference should include a request thatwith Article 8 thereof, will denounce the Agree- Statesgiveplenipotentiarypowerstotheirment. representatives to sign such a protocol.Accord- ingly, most of the delegations came to the Confer- The Arrangement setting up the Interim Com- ence with authority to take this action. mission2 authorizes that body to take all necessary steps to effect the transfer of the duties and func- The General Committee of the Conferencetions of the. Office to the Commission, and to referred to Committee III the question of theinitiate such action as may be necessary to manner in which the functions of the Office should facilitate the transfer of the assets and liabilities be assumed by the new organization (or its Interimof the Office to WHO upon termination of the Commission).The drafting sub-committeeof Committee III, assisted by a representative of Rome Agreement. the Office, prepared a draft text of the necessary protocol, taking for its basis a proposal submitted 1- For the text of the Protocol, see Part V, D. by the delegation of the United States.With 2 See Part V, C.

C. UNITED NATIONS RELIEF ANDREHABILITATION ADMINISTRATION

The Conference expressed its appreciation ofparatory Committee that the functions and duties the work performed by UNRRA during the warassigned to UNRRA by the International Sani- indistributingfood and drugs,inassistingtary Conventions of 1944, and the Protocols national health administrations of war-devastatedthereto, should be assumed by the World Health States, in taking measures to control epidemicsOrganization or its Interim Commission without in occupied countries, and in revising and admi-delay. A provision to this effect was included in nistering the International Sanitary Conventionsthe Arrangement establishing the Commission.' of 1926 and 1933.Unanimous approval was given to the recommendation of the Technical Pre- " See Part V, C.

3. ARRANGEMENT ESTABLISHING AN INTERIM COMMISSION

The Conference endorsed the proposal made bymethod of ' accomplishing this purpose.Using the Technical Preparatory Committee that in caseas a basis draft proposals submitted by the United the World Health Organization should not comeStates of America, this sub-committee formulated into being immediately upon the conclusion of thea resolution for adoption by fileConference. Conference, provision should be made for theSince, however, there was ground for believing establishment of an Interim Commission. A that action merely by resolution might not give special sub-committee was appointed by Com-the Interim Commission a sufficiently solid legal mittee IV to report on the most practicablefoundation, the sub-committee proposed that a formal agreement, couched in substantially the " See off. Rec. WHO, No. 1, page 75. same language as the resolution, should be drawn - 29 - up for signature by the representatives of the The Arrangement instructs the Commission to States participating in the Conference.This pro-convene the first session of the World Health cedure was approved. Assernbly, not later than six months after the The special sub-committee recommended thatConstitution comes into force and to prepare a the Interim Commission should be composedprovisional agenda, including recommendations in the same manner as provided in the Constitu-as to programme and budget for the first year tion for the Executive Board of WHO. At theof WHO. As indicated earlier in this report, suggestion of the delegate of Australia, however,the Commission is also entrusted with respon- the Conference decided that it would be preferable sibility for entering into negotiations with certain to indicate in the Arrangement the names of thedesignatedinternational organizations with a eighteen States entitled to be represented on theview to the assumption of their health functions Commission.The delegate of Argentina movedby the Commission, and eventually by WHO. that the fourteenStates represented on theAnother of the Commission's duties is to establish General Committee of the Conference should beeffective liaison with the Economic and Social elected to membership of the Commission andCouncil and such of its commissions as may that the General Committee should be requestedappear desirable, especially the Commission on to nominate four additional States to completeNarcoticDrugs.The Commissionisfurther the full complement of eighteen members.Thisauthorized to consider any urgent health problem motion was unanimously adopted.The Generalwhich may be brought to its attention by Govern- Committee, in making its nomination, selected onements and to give technical advice thereon. State from each of the following major areas of For the financing of the Commission's work, the world :Africa, America, Australasia andtheActingSecretary-GeneraloftheUnited Europe.The Conference approved these nomina-Nations agreed, after consultation with a com- tions. mittee of the Conference, to make an allotment The Arrangement signed on 22 July 1946not exceeding $ 300,000 for 1946 from the United provides accordingly'that the Interim Com-Nations Working Capital Fund, and expressed mission shall consist of the following eighteenhis belief that the General Assembly would be States entitled to designate persons toserve willing to appropriate such further funds, up to thereon : $ 1,000,000, as might be necessary for 1947.Tha Arrangement thus provides that the expenses of AustraliaNetherlands the Commission shall be met from funds supplied Brazil Norway by the United Nations.In case these funds Canada Peru should prove insufficient, the Commission may accept advances from Governments against their China Ukrainian Soviet Socialist Republicfuture obligations to WHO. Egypt Union of Soviet Socialist Republics France United Kingdom Subsequent to its inaugural session, in New India York, the Commission is required by the Arrange- United States of America ment to meet at least once every four months at Liberia Venezuela any place it may determine.The life of the Com- Mexico Yugoslavia mission will come to an end upon the adoption of a resolution to that effect by the Health Acting upon authority granted by the resolu-Assembly at its first session. tion adopted by the Conference on 18 July, the The Executive Secretary of the Commission Commission held a preliminary organizationalwas authorized by the Arrangement to recruit meeting the following day, and on 23 July twowhatever technical and administrative staff might further meetings under authority of the Arrange-be required for its work.In the exercise of this ment signed on 22 July.During these threefunction, due regard was to be given to the meetings the chairmen of those delegations at theprinciples set forth in Article 35 of the WHO ConferencerepresentingtheeighteenStatesConstitution,1 as well as to the desirability of elected to the Commission sat as its membersappointing available personnel from the staffs of de facto.At the initial meeting the Commissionthe League of Nations Health Organization, the unanimously elected Dr. F. G. Krotkov (UnionOffice International d'Hygiène Publique, and the of Soviet Socialist Republics) as Chairman.InUNRRA Health Division.Pending the recruit- view ofhisinabilitytoservepermanently in this capacity, Dr. Krotkov asked to be relievedment and organization of his staff, the Executive of this office on 23 July, at which time Dr. AndrijaSecretary was instructed to utilize any technical Stampar (Yugoslavia) was elected Chairman forand administrative assistance which the Secretary- the life of the Commission.Dr. Sze (China),General of the United Nations might make avail- Dr. Shousha Pasha (Egypt), and Dr. Mondragem able to the Commission.By means of these (Mexico) were chosen as Vice-Chairmen.Dr. various arrangements it was hoped that there Brock Chisholm (Canada), who had served aswould be as little interruption as possible in Rapporteur of the Technical Preparatory Com-carrying forward essential international health activities during the period between the adjourn- mittee and as Chairman of Committee II duringment of the Conference and the inauguration of the Conference,wasappointedExecutive Secretary. the World Health Organization.

1 See Part V, C. 1 See Part V, B. - 30

NOTE

In the following Minutes the various parts of the Constitution are referred to by the section and sub-section headings and numbers used in the " Proposals for the Constitution of the World Health Organization" drawn up by the Technical Preparatory Committee (Off. Rec. WHO, No. I).As finally approved by the Conference, the sections and sub-sections were rearranged and re-numbered as chapters and articles.Accordingly, to facilitate reference, these final chapter and article numbers have been inserted, in square brackets, in the Minutes, side by side with the section and sub-section numbers under which the text was actually discussed. (Chapter references are in Roman numerals, article references in Arabic numerals.)The same procedure has been adopted for the other Final Acts, where the numbering of the provisions of the approved text is different from that of the- draft.

The Committee reports as such are not printed in this volume, as the texts of which they mainly consisted are already embodied (in their approved form) in the Final Acts (Part V). However, the portions of the Committee reports which evoked discussion in the plenary meetings are reproduced in full in the Minutes, and the portions that were approved by the Conference without discussion and underwent only drafting changes will be found in the Final Acts by means of the square-bracket references. --

IV. MINUTES OF THE PLENARY MEETINGS

FIRST 1VIEETING Held on Wednesday, 19 June 1946, at 3.30 p.m., Henry Hudson Hotel, New York City. Chairman' :Sir Ramaswami MUDALIAR, President of the Economic and Social Council.

1. Message of Welcome from President Truman. Mr. Winant expressedgratificationatthe The CHAIRMAN declared the Conference inholding of the Conference in the United States, session and invited the Hon. John G. Winant toand concluded by reminding the delegates of the read a message from the President of the Unitedstatement made by President Roosevelt in 1939 : States of America. " The health of the people is a public con- cern ;ill health is a major cause of suffering, Mr. WINANT, as United States representative economic loss and dependency ; good health is on the Economic and Social Council, under the essential to security and progress." auspices of which the Conference was convened, extended a welcome to the delegates and read the following message from President Truman : 2. Opening Address by the Secretary-General of ' " Gentlemen, - It is of great significance the United Nations. that the first international conference to meet The CHAIRMAN invited the Secretary-General, at the request of the Economic and SocialMr. Trygve Lie, to give the opening address. Council should have for its object the improve- ment of health, for this indicates the intention of the Council to grapple immediately with The SECRETARY-GENERAL expressed his pleasure basic problems whose solution is essential toin welcoming the delegates and in opening the the welfare and happiness of mankind. Conference.On behalf of the Secretariat, he " The health problems which we face did not addressed a particular welcome to the repre- originate with the war, but the war has ag-sentatives of sixteen nations not at that time gravatedthem tremendously.Over manymembers of the United Nations, pointing out years, nations have been building up defencesthat the Economic and Social Council had invited against disease through protective , nurs- participation of those Governments because of ing services, clinics, hospitalization, and mental,its desire to make the Conference the greatest medical and surgical care.For many millionspossible success.Disease knew no boundaries, of persons these protections have been dis-and in the endeavour to raise standards of health organized and destroyed. They must bethroughout the world it was a duty and privilege restored and expanded. to call upon the experience and skill of scientists and experts from all countries with which co- " Furthermore, modern transportation hasoperation could be established. made it impossible for a nation to protect itself against the introduction of disease by quarantine.This makes it necessary to develop He stressed the value of having at the Confer- strong health services in every country whichence representatives of several of the specialized must be co-ordinated through internationalagencies and other organizations linked to the action. cause of public health.Such agencies could assist in constitutional and administrative mat- " The new health organization will serve inters, and their presence would help to ensure this field.Just as international co-operationpermanent collaboration and to prevent over- in played a most important part inlapping in fields presenting common problems. winning the war, so will such co-operation win the battle against disease and malnutrition. The joint efforts of the specialized agencies " The right to adequate medical care and thewere of vital and fundamental importance :it opportunity to achieve and enjoy good healthwas clear, for example, that social security and should be available to all people.For thishealth went hand-in-hand and that there must objective I can assure you the interest and thebe co-operation between the projected health support of the United States." organization and the International Labour Organi- zation.The close relationship between nutrition 1 Dr. Andrija Stampar, Vice-President of theand health made the Food and Agriculture Economic and Social Council, was Chairman during Organization a natural ally ; and the danger of the latter part of the meeting. yellow-fevertransmission,throughevenone 19 JUNE 1946 - 32 _ FIRST MEETING mosquito's being borne by aeroplane, showeddingly, determined that the Economic and Social the part that could be played by the Interna-Council should deal with economic, social, educa- tional Civil Aviation Organization. tional and health matters, thereby indicating at the outset the importance of problems of health In welcoming the many distinguished repre-and of organizations dealing with world health sentatives of the American medical and public problems. health professions, the Secretary-General spoke of the world-wide importance of the United At the San Francisco Conference, the delega- States' contribution to the science of publictions from Brazil and China had proposed by specialresolution the convening as .soonas health, and was confident that the achievementspossible of a conference of representatives of of the past would be equalled and excelled byMembers of the United Nations; and that resolu- further contributions to the great work of thetion,adopted by the Technical Preparatory new health organization. Conference of the Economic Committee, had been ratified by the General Assembly. When it That body would be the first specialized agencybecame apparent,however, that the United to be established under the San Francisco CharterNations organization itself could come into being by decision of the Economic and Social Council,early in , the proposal for convening and the setting-up by the delegates of an efficient,such a conference at the instance of one or other smooth-working and practical organization wouldof the State Governments had been dropped ; be a success not only for them but for the Unitedinstead, it was felt that one of the first tasks of Nations and for all humanity.In such a field,the United Nations organization should be to where a thousand things must be done, wherestudy the question of convening an international millions of lives could be saved and tens ofhealth conference. millions made more livable, the question of co- operation between the nations did not arise ; he The Declaration 1 made at the instance of the felt sure that full co-operation would be givendelegates from Brazil and China and calling for by every nation. such a conference had come at once before the Economic and Social Council on its creation in January 1946, and the resulting resolution 2 had The nations would expect crf the Conference andprovided for the convening of the conference of the new Health Organization a clear definitionunder the auspices of the Economic and Social of the problems and a clear lead in dealing withCouncil and of the United Nations.The Council, them ; and he wished the delegates every successby the same resolution, had appointed a small in their work. preparatory committee of experts from sixteen Member States, whose main task was to prepare the agenda and documentation for the present 3. Address by the Chairman. conference.Meeting in Paris on 18 March, that committee, known as the Technical Preparatory The CHAIRMAN cordially welcomed the delegates Committee, had finished its work in record time : both on his own behalf as President of the Eco-by 5 April its report was ready for submission to nomic and Social Council and on behalf of histhe Member nations. colleagues on the Council. Expressing the Economic and Social Council's appreciation of the careful and detailed work of He expressed the appreciation and thanks ofthe Committee, the Chairman pointed out that the Conference for the message from the President the report and recommendations were before the of the United States and had no doubt that thoseConference.After consideration of the report, feelings would in due course be conveyed throughthe Economic and Social Council and various the Chairman of the regular session. of its individual members had made certain recommendations and suggestions to the Con- The opening of the present conference, the first ference 3. international conference sponsored by the United Nations, marked an historic day ; and it was well Important recommendations in the Committee's that a health conference should be the first. report to which special attention had been given by the Council included the question of the Constitution of the World Health Organization Tracing the events that had led to the calling(or of the United Nations Health Organization, of the Conference, the Chairman said that itsas some members of the council preferred to call importance had been early realized during theit).While the members had unanimously felt deliberations at San Francisco, which had led to that the Organization should come into existence the establishment of the United Nations and theas soon as possible, there had been uncertainty signing of the Charter.The first proposals for theas to whether the delegates to the present Con- creation of the Economic and Social Council hadference would have the authority :to sign imme- visualized that body as dealing with economicdiately the charter they would draw up. and social matters ; the delegates at San Francisco, however, had considered health to be of such primary importance as to constitute a major item 1 See 09. Rec. WHO, No. 1, page 39, Annex I. in itself, rather than remain merely implicit in 2 Ibid., page 39, Annex 2. the phrase " social matters ".They had, accor- 8 See Annex r. FIRST MEETING - 33 - 20 JUNE 1946 On the subject of regional organizations, twotions of the peoples of the world by making alternative proposals had been submitted by theroom in the machinery of the new organization TechnicalPreparatory Committee.Thepro-for the establishment in the medical field, in the blem, a difficult and complex one, was before thenear future, of that kind of international research. Conference : how the regional organizations could be fitted into the parent body ;whether they should be fully integrated with itor should5. Appointment of Credentials Committee. maintain independence consistent with the over- riding, supervisory powers necessary to an inter- On the proposal of the CHAIRMAN, the following national health organization. were unanimously approved as members of the CredentialsCommittee :Dr.ShoushaPasha (Chairman), Egypt ;Dr. Nogueira, Cuba ;Dr. The views of some of the members of theKopanaris, Greece ;Dr. Lara, Philippines ;Dr. Economic and Social Council were conveyed in the Kacprzak, Poland.' resolution which they had adopted, but the general feeling had been that the present con- ference, composed as it was of experts, must be6. Presentation of the Technical Preparatory the judge of what part the regional organizations Committee's Report. could play, how they could develop and what should be their relationship to the Organization. The CHAIRMAN invited Dr. Chisholm, Rappor- teur of the Technical Preparatory Committee, to In conclusion, the Chairman reminded thepresent that committee's report.2 delegates of the objectives of the United Nations, and pointed out that their own profession had long ago abandoned discrimination of race, creed Dr. CHISHOLM recalled that, in accordance with or sex.Theirs was, therefore, properly the pro-the Economic and Social Council's resolution of fession that could bring about universal freedom, 15 , the task of the Technical assure equal status for men and women, andPreparatory Committee had been to draft pro- work towards the universal freedom, health andposals for the establishment of a single inter- prosperity which the United Nations was tryingnationalhealthorganizationoftheUnited to secure through long travail.He wished theNations and to prepare an annotated draft agenda Conference all success. for an international health conference.The Com- mittee had comprised sixteen experts in public health ;its Chairman, Dr. Rene Sand (Belgium) Immediately after his address Sir Ramaswamihad been unfortunately prevented by illness from Mudaliar left to attend another meeting, and thepresenting its report. chairmanship was takenoverby Dr. Andrija The greatly enhanced importance of inter- Stampar,Vice-Presidentofthe Economic andnational health controls, said Dr. Chisholm, had Social Council. been recognized ever since the steamship had reduced the time of travel between 4. Address by the Assistant Secretary-Generalbelow the time of incubation of many diseases. in charge of Social Affairs. Air transport throughout the world would now largely nullify protective barriers against disease, Professor Henri LAUGIER associated himselfand thus no country could depend on its own with previous speakers in welcoming the dele-arrangements alone,but must be assured of gates, and emphasized the paramount importancesatisfactory controls in other countries as well. of their task in launching the fight against suffer- Those facts made clear the importance of ing, illness and death on the international plane. setting up an international organization to serve in the health of the whole human He pointed out that the specific aim of therace ; and such an organization would furthermore Conference was to.establish the Constitution, thebe able to promote the extensive exchange of statutes and structureof the World Healthinformation about medical research, advantages Organization, and to prepare foritspracticalinhealthadministrationand practices,and functioning ; and he expressed the wish that themedical education. framework to be set up would be neither too The members of the Technical Preparatory vague not too rigid, and would allow for futureCommittee had realized the importance of their developments required by the progress of sciencetask.Approaching it from the purely medical and the increasing authority and responsibilitypoint of view, they had tried to formulate their of the United Nations. agreed views on the machinery required to achieve the purposes and objectives of world-wide He himself for many years had taken part inco-operation in the field of health. the fight for the organization of international The draft report was a statement of the ideal research laboratories, fully equipped and withgoal, and the Committee expected the Economic the highest grade personnel, and drawing together in collaboration the scientists of many countries. The Conference, while not immediately concerned 1 See page 14. with such laboratories, would answer the expecta- 2 See 00. Rec. WHO, No. I. 20 JUNE 1946 - 34 - SECOND MEETING and Social Council and the International Health 5. An annotated draft agenda for the present Conference to make any necessary alterations in International Health Conference. the light of practical and legal considerations. The 6. A list of members and alternates of the members of the Committee had expressed their Technical Preparatory Committee and of high ideals and hopes for the new body in the representatives of the international health unanimous recommendation that it be named the organizations who had attended the Paris World Health Organization. meetings in a consultative capacity. The report, which had been transmitted to 7. Summary records of the meetings of the States Members of the United Nations and to the Technical Preparatory Committee. Economic and Social Council, consisted of the following sections : In the absence of Dr. Sand, Dr. Chisholm 1. A summary of events leading up to thethanked the Economic and Social Council on meeting of the Committee. behalf of the members of the Committee for the opportunity that had been given them of sharing 2 . An historical sketch on international co-in the formation of an agency that could do so operation in health matters. much toalleviatesuffering and to promote physical, mental and social health in the whole 3. Draft proposals for the Constitution of a human race. World Health Organization. 4. Resolutions adopted by the Committee. The meeting rose at 5.10 p.m.

SECOND MEETING Held on Thursday, 20 June 1946, at _To a.m., Henry Hudson Hotel, New Y ork City. Chairman I:Dr. A. STAMPAR, Vice-President of Economic and Social Council.

1. Adoption of Provisional Rules of Procedure.mittee reports and resolutions by the special The CHAIRMAN proposed that the Provisionaldrafting sub-committees mentioned in the Pro- Rules of Procedure before the meeting be adoptedvisional Rules of Procedure. temporarily, and that the delegates of Argentina, While the Technical Preparatory Committee Canada, China, Egypt, France, the Union ofhad proposed the formation of eight committees, Soviet Socialist Republics, the United Kingdom,it would not be possible with the available United and the United States of America should form aNations staff to have more than two committees committee to examine proposals as to Rules ofworking during the same period.He suggested Procedure, under the chairmanship .of Dr. Cavail-that the arrangement of work between the various lon (France).2 sub-committees might be made by a general or The Chairman's proposal was unanimouslysteering committee. adopted. 4. Report of the Credentials Committee. 2. Adoption of the Agenda. The SECRETARY read the report of the Creden- The draft agenda prepared by the Technicaltials Committee, which stated that the Committee Preparatory Committee 3 was adopted without had found the full powers conferred upon repre- discussion. sentatives of nineteen Governments of United Nations Member States in good order. 3. Explanation of Conference Arrangements. Credentials conferred upon the representatives The SECRETARY (Dr. Biraud) explained theof twenty-three Governments of Member States, arrangements for the Conference, pointing outand those conferred upon the representatives of that, from 24 June, meetings would be held inten Governments of non-member States, had Hunter College. been found to be in good order or subject to He outlined practical difficulties liable to arise further confirmation. for the Secretariat and Rapporteurs owing to the The credentials of the representatives of Control size of the Conference, attended as it was byAuthorities in Southern Korea, and those of the eighty delegations, and suggested for that reasonrepresentatives of seven organizations, were in a system of progressive daily drafting of corn-good order. The Committee proposed that all those repre- 1 The chair was later taken by Dr. Thomassentatives be admitted to participation in the Parran,Surgeon-General, United States Public Health Service, on his election as President of theConference under the conditions to be laid down Conference. in the Rules of Procedure, and that holders of 2 See page 14. credentials not yet submitted should have pro- 8 See Off. Rec. WHO, No. I, page 77. visionally the same rights as other representatives. SECOND MEETING - 35 - 20 JUNE 1946 The report of the Credentials Committee wasthe United Nations Charter and in obtaining unanimously adopted. the adoptionoftheDeclaration which had provided for the calling of the present Conference.

5. Election of the President of the Conference. Reminding the delegates of the objectives of The CHAIRMAN invited nominations for thethe meeting, he pointed out that the value of office of President of the Conference. international co-operation in public health had already been successfully demonstrated, and that their task was not to initiate such co-operation Dr. CAVAILLON (France) nominated Surgeon-but to spearhead new and expanded spheres of General Parran, pointing out how his technicalco-operative action.While at the moment the abilities,authority and personality had beenover-all problem of international teamwork for appreciated at the preparatory meetings of expertspeace seemed difficult, he was convinced that in Paris. parts of the whole could be separated and analysed and could furnish sound bases for agreement. Health was one such part. Dr. SHOUSHA Pasha (Egypt) seconded. Objectives in that field included control of Dr. BEJARANO(Colombia)wished to makeepidemics, elimination of malnutrition, progressive the same nomination in the name of the Southimprovement of national health and medical Americanrepublics,which had unanimouslyservices, more effective methods for the prevention approved the choice of Surgeon-General Parranof disease and improvement of health, and equal at a meeting they had held on the previous day.opportunities for health for everyone. His outstanding qualities' and merits were known in many countries. The primary task of the Conference was to prepare a constitution or charter providing for the establishment of a World Health Organization Dr. LARA (Philippines) supported the proposal and to outline its purposes, functions, structure and moved that nominations be closed. and administrative arrangements or relationships. If a sufficient number of delegates should sign the statute without reservation on behalf of Sir Wilson JAMESON (United Kingdom) andtheir Governments, the World Health Organ- Dr. SHEN (China) wholeheartedly supported theization could be established immediately, but nomination of Surgeon-General Parran. should the number of such signatures be in- sufficient,establishmentoftheOrganization Dr. EVANG (Norway), also supporting, proposedwould be delayed and it would be necessary for his immediate election. the Conference for an interim body or commission.

The CHAIRMAN declared Dr. Parran, Surgeon- TheOrganizationwould beaspecialized General, United States Public Health Service,agency, and the body emerging from the deliber- unanimously elected President of the Conference, ations of the Conference, whether the Organ- and expressed his deepest satisfaction in thatization itself or a temporary commission, should choice. have the status and independence to negotiate on The Chair, vacated by Dr. Stampar, was takena man-to-man basis with the other specialized by Dr. Parran. agencies and the United Nations itself. The delegates of the States parties to the Rome 6. Address by the President of the Conference.Agreement of 1907 would have the additional task of preparing a protocol agreeing to transfer The CHAIRMAN, expressing deep appreciation ofthe duties and responsibilities of the Office Inter- the honour conferred upon him, said he considerednational d'Hygiène Publique to the World Health his election primarily a recognition of the progressOrganization.The Conference would doubtless of public health and medicine in the Unitedby its resolutions empower the World Health StatesofAmerica.He extendedaheartyOrganization to assume the responsibilities and welcome to the representatives and expressedduties of the League of Nations Health Organ- appreciation on their behalf to the United Nationsization, and also those duties of UNRRA for and its Economic and Social Council for callingwhich specific provision had been made in the the Conference, and to its Secretariat.He men-protocols, signed in , prolonging the tioned particularly the personal interest showneffective date of the Sanitary Conventions of by Sir Ramaswami Mudaliar and Dr. Stampar. 1944. As a member of the Technical Preparatory Committee, the Chairman expressed the thanks The World Health Organization, further, should of the delegates to Professor René Sand, for hisbe the source of advice on health problems wise and judicious chairmanship.He spoke alsothroughout the field of the United Nations and of the pioneer achievements of Dr. de Paulaof many of its specialized agencies, and would Souza (Brazil) and Dr. Szeming Sze (China) bothhave to participate jointly in the solving of in securing appropriate recognition of health inproblems of common concern. 20 JUNE 1946 - 36 - SECOND MEETING

He urged the delegates, in conclusion, to apply nomic and Social Council, along with the Council's to their tasks the objective and scientific spiritown recommendations and observations. with which they approached their daily profes- sional duties. He assured the delegates that the United Kingdom Government was behind the World Health Organization and had great hopes for its 7. Statements by Delegates on the Generalsuccess. Attitudes of their Governments on the Report of the Technical Preparatory Committee. Dr. NOGUEIRA (Cuba) associated himself with The CHAIRMAN invited statements on the report the view that general discussion should be brief of the Technical Preparatory Committee. and the attitudes of Governments expressed in relation to each point as it was taken up. Dr. HAFEZI (Iran) expressed the regret of His Excellency Dr. Ghassem Ghani, head of the The CHAIRMAN said that the general sentiment Iranian delegation, that owing to a motor-carappeared to favour the commencement of com- accident he was unable to be present, and con-mittee work forthwith.Before asking the assent veyed the greetings and best wishes of the Iranianof the Conference to that proposal, he invited Government. statements from other delegates. Iran would contribute to the utmost in the achievement of the aims and purposes of the Dr. SHEN (China) presented the greetings of United Nations Charter, especially in the fieldthe Chinese Government and its hopes for the of public health.He spoke of health measuressuccess of the Conference and the early establish- taken by his Government, instancing recentment of the World Health Organization. progress in the fight against malaria, typhus and drug addiction. China, always especially interested in inter- The Iranian delegation, added Dr. Hafezi, wasnational health co-operation, had been happy to in general agreement with the Technical Pre-be associated with Brazil in proposing at San paratory Committee's report. Francisco the first steps towards a World Health Organization, and to introduce at the Economic and Social Council's first session the resolution Dr. EVANG (Norway) opposed a suggestion maderesulting in the convening of the present con- to the Chairman that the delegates should beference. given an opportunity of speaking by alphabetical roll-call, as he felt that questions brought up in His Government felt that the Technical Pre- general discussion would in any case arise later. paratory Committee,in drawing up a draft He suggested that delegates should simply beconstitution for the World Health Organization, asked to speak in accordance with the ordinaryhad done able and creditable work -which could procedure. well serve as a basis of discussion at the Con- ference ; and the members of the Committee were to be heartily congratulated. Dr. TREFI (Syria) expressed appreciation of the accomplishments of the Technical Preparatory The Chinese delegation, which had plenipoten- Committee and to the Governments of Braziltiary powers, would participate in the discussions and China, on whose initiative the Conferencewith an open mind and in a spirit of co-operation had been called. and would do its best towards ensuring the speedy His Government fully endorsed the Worldand firm establishment of the World Health Health Organization and was willing to subscribe Organization. fully to its objectives, particularly those concern- Discussing the draft constitution, Dr. Shen said ing epidemic and endemic diseases involving thehis delegation felt that membership of the World Mediterranean basin, such as syphilis, tuberculosisHealth Organization should be open to all nations and malaria.Syria was prepared to do its best-both Members and non-members of the United to achieve the aims and purposes of the newNations.Some provision should also be made organization. for the fullest possible participation of trust territories,protectorates,coloniesandother Dr. CAVAILLON (France) supported the proposalterritories not yet eligible as States for separate of the delegateof Norway, suggesting thatmembership of the United Nations but possessing general discussion be brief to enable the work totheir own separate health administrations, and be rapidly accomplished. having territories and populations large enough to warrant special representation.Perhaps some restricted form of membership, which might be Sir Wilson JAMESON (United Kingdom) ex-called associate membership, could be created for pressed similar views.He said it was gratifying that so many members really represented thesuch units. health admiristrations of their countries, as with- His delegation felt that regional arrangements, out full governmental backing and support thereincluding the setting-up of regional committees could not be an effective World Health Orga-and offices, should find an important place in the nization.It was furthermore a source of greatstructure of the World Health Organization.The satisfaction that the report of the Technical Pre-alternative views embodied in the draft constitu- paratory Committee had been forwarded withtion were not so divergent that they could not be such full authority and approval of the Eco-combined in a single formula. SECOND MEETING - 37 - 20 JUNE 1946

Concerning the Far East he had certain observa-she had given, since the San Francisco meeting, tions to make : in the solving of important international health questions-in which connexion the goodwill and (a) Among factors demanding special recog-understanding of other countries, especially the nition was the size of the population of thatUnited States of America and the United King- .area, constituting half of all the peoples of the dom, were. equally to be praised. world.His delegation therefore attached prime importance to the principle of balanced geo- Brazil wished to draw attention to her policy graphical representation with due consider-of acceding to the interests of the world as a ation of the interests of the Far East at allwhole, whileatthe same time maintaining times. continental solidarity. Such considerations should not be forgotten in relation to the question of (b) While the term " Far East " commonlyregional offices, and he reminded the Conference embraced both Asia and Australasia,thethat a pan-American and well-developed organ- standards of living and health conditions ofization existed, which had already paved the way those two continents were sufficiently differentfor regionalization in health work. to warrant their possible separation in the consideration of regional arrangements ;and He emphasized the need for the World Health his delegation would welcome an opportunityOrganization to have a sufficiently elastic constitu- to make with their colleagues from Asia andtion to permit its adaptation to varying condi- Australasia a careful study of that possibility.tions ; urged the suppression of " disease export- ing " where it existed (adding that Brazil was (c) Many of the areas in Asia might beno longer a country coming under that category) ; regarded as among the less developed in termsand envisaged as one of the most important and of health and sanitation.It would be mostimmediate tasks of the new organization an appropriate for the World Health Organization activeand positiveinternationalhealthco- to make one of its chief concerns the extension operation.TheConstitution would haveto of technical assistance to those areas in orderprovide means for acting in such a way as to to raise standards as quickly as possible to aavoid the creation of subservient or inferior level comparable to that of the rest of the world.conditions in the aided countries, or the breaking of their fundamental prerogatives. He laid special emphasis on the importance of setting up immediately an Interim Commission Declaring that the public health accomplish- in a form permitting it, without delay, to takements of individual countries were but small overfunctionsofotherinternationalhealthsamples of what should exist on a larger scale, bodies, to negotiate the transformation of existingDr. de Paula Souza cited as an example of a regional health organizations into parts of the (beneficial national programme the yellow-fever World Health Organization and to prepare thecampaign in Brazil, where 94 per cent of the urban the United Nations. population were already free from He attached great importance to the choice ofresponsible for the transmission of the diseasé, an outstanding health administrator as the firstwhile almost a third of the country had succeeded Director-General.His delegation, while open-in eradicating the des cegypti. minded on the question of the permanent head- He was convinced that, through the efforts of quarters site,felt that as a provisional head-the Conference, a common denominator would be quarters the choice of New York city, alreadyfound in health for the betterment of humanity. the seat of the United Nations, would be the most practical one. The CHAIRMAN reminded delegatesthata proposal by the delegate of Norway was before Dr. BE JARANO (Colombia) moved that a votethem, and expressed at the same time the hope be taken on the proposal of the delegate ofthat the delegate of Colombia would not press Norway. He felt that a declaration by everyfor immediate termination of all general discussion delegation might occupy some days. on thereportof the Technical Preparatory Committee. Dr. DE PAULA SOUZA (Brazil) said it was a The proposal of the delegate of Norway that symbol of universal understanding inhealthdelegations should speak on the report of the matters that the promotion of the World HealthTechnical Preparatory Committee in accordance Organization should be sponsored by countrieswith ordinary procedure, and not in response to as far apart, geographically, as Brazil and China. an alphabeticalroll-call, wasunanimously His country wished to thank France for heradopted. hospitality to the Technical Preparatory Com- mittee and to express appreciation of the help The meeting rose at 12.45 p.m. 20 AND 21 JUNE 1946 - 38 - THIRD AND FOURTH MEETINGS

THIRD MEETING Held on Thursday, 20 June 1946, at 2.30 p.m., Henry Hudson Hotel, New York City. Chairman: Dr. Thomas PARRAN (United States of America).

This meeting resolveditself immediately into the first meeting of Committee I (Scope and Functions of the World Health Organization), and did not reconvene in plenary form.

FOURTH MEETING Held on Friday, 21 June 1946, at ro a.m., Henry Hudson Hotel, New York City. Chairman :Dr. Thomas PARRAN (United States of America).

1. Further Statements by Delegates on the Gene- His country would gladly co-operate in the new ral Attitudes of their Governments on the Re-organization. port of the Technical Preparatory Committee. Dr. VAN DEN BERG (Netherlands) said that his Dr. TOGBA (Liberia) reminded the Conference Government, for three reasons, had learned withthat his country, one of the points on the African great approval of the proposals for the establish-coast nearest to the Western Hemisphere, had ment of organization to include allbecome closely linked to the health of three the States of the world. continents through the development of air traffic. First, the close coherence between the various He referredtoLiberia's modern airportat parts of public health work made a universalRoberts Field and to the construction at Monrovia organization indispensable, although it did notof a modern seaport which was expected to be imply that other organizations of an internationalcompleted in 1948, and assured the delegates that nature in the field of public health would not beevery effort was being made to prevent the trans- needed in the future.Care must be taken not toportation to other shores of exotic diseases and replace effectively-working institutions by some-vectors, such as malaria and Anopheles gambice. thing new, and the difficult transitional problemsLiberia also must be protected from diseases and wouldrequirecarefulconsiderationbythevectors originating in other countries, and the Conference. World Health Organization could help in the Secondly, the Netherlands Government wascontrol of disease transmission between his own convinced that too much attention could nevercountry and others. be paid to public health problems.It com- He outlined the health protection measures at pletely and readily agreed with the Preamble topresent being taken in Liberia, instancing the the Constitution of the World Health Organ-work of Haitian and French now ization proposed by the Technical Preparatoryemployed in the health service, the setting-up of Committee, and had also read with satisfactionan additional zoo-bed hospital in Monrovia and the statement of the Economic and Social Councilthe construction of a new hospital and clinic at that efforts in the public health field paid divi-Tchien, in the Eastern Province, in co-operation dends even in money.Dr. van den Berg citedwith the United States Piiblic Health Service the experience of the Netherlands, where beforeMission, and of others in the Sinoe and Bassa the war the mortality rate had been the lowestcounties. of all the European countries, and spoke of the French and British medical authorities had benefiCial results in the East and West Indies ofbeen invited to confer with Liberia's public a well-organized public health service. health representatives on the control of trypano- Thirdly, the Netherlands agreed that for thesomiasis and its vector, the glossina fly, and improvement of public health the advancementarrangements had been made for Liberian medical of medical science was of the utmost importance,students to be trained in trypanosomiasis control. and welcomed the intention to emphasize the importance of the study of social medical pro- Dr. Togba spoke highly of the work in Liberia blems, in which respect his Government had inof the United States Public Health Service Mission, mindespeciallymeasuresofimportancetoparticularly towards the elimination from Mon- mental hygiene problems. rovia of the anopheles mosquito and malaria, FOURTH MEETING - 39 - 21 JUNE 1946 as well as flies and diarrhceal diseases.Thepolicy of world co-operation for the well-being Mission was also, with the co-operation of theof all. Liberian Public Health Service, keeping the major airport free from exotic diseases and pests. While also intimately linked by its tradition to the Office International d'Hygiène Publique and Liberia would welcome the establishment ofthe League of Nations Health Organization, one of the regional bureaux at Monrovia. Argentina felt most closely associated with the He suggested the addition to Section III of thePan American Sanitary Bureau, because inter- draft Constitution of a paragraph dealing withAmerican health problems, though not completely tropical diseases, and proposed that considerationsimilar, were analogous in many respects. be given if possible to the establishment of an International Institute on Tropical Medicine. Dr. KACPRZAK (Poland) declared that expe- rience had proved the great need of an inter- Dr. MONDRAGÓN (Mexico) spoke of his country'snational health organization.He recalled the sincere desire to collaborate in a World Healthwork of the International Conference convened in Organization, and gave instances of theco- Warsaw after the First World War under the operative policy followed by Mexico intheauspices of the Health Section of the League of prevention and control of communicable diseasesNations, and the twenty years' health activities and the furthering of public . of the League.He also expressed deep apprecia- He emphasized the urgent need for the setting-tion of the health work in latter years of UNRRA up of an organization on the scale proposed, facedand of the International Red Cross. as it would be with greater and more important tasks than ever before. It would be logical and in accordance with real needs to have a singlehealthorganization, A Mexican expert had taken part in the meetingsalthough the good work done by co-existing of the Technical Preparatory Committee andinternational health organizations should not be Mexico was heartilyinagreement with theforgotten and their experience should be drawn purposes and ideas set forth in its report. upon to the largest possible extent. To be effective, however, the new organization Lieut.-Col. LAKSHMANAN (India) stated that hismust be decentralized into regional offices which Government fully agreed with the establishmentcould take into account environmental diffe- of a World Health Organization constituting arences ; and a central health organization should single organization in the form of a specializednot be a super-governmental institution. agency of the United Nations.His Government The new organization should not limit itself regarded the machinery proposed by the Technicalto problems of hygiene :curative medicine, as Preparatory Committee as generally workablewell as preventive, should be included inall and appropriate for the purpose in view. programmes.His Government was greatly in It was important that regional organizations,favour of including social insurance and health while necessary, should have functions and respon- insurance, and the important subject of popula- sibilities supplementary to and not parallel totion problems and vital" statistics.Attention to those of the central organization.Anything inthose matters would help towards realization of the nature of a federation of autonomous regionalthe ideas expressed in the Preamble to the draft organizationswastobedeprecated.WhileConstitution. endorsing the recommendation that the head- quarters should be situated in a place with adequate communication and other facilities, he Dr. PAZ SOLDÁN (Peru)congratulated the stressed the importance of contact with otherTechnical Preparatory Committee on its work specialized agencies concerned with conditionsand assured the Conference of his Government's affecting the attainment and maintenance ofsupport of the World Health Organization.With health. regard to the question of regional offices, he stressed the fact that the Pan American Sanitary He added that the Indian delegation had beenBureau would require no reform, as its long empowered to sign the Final Act of the Conferencerecord of satisfactory service to the American subject to ratification. republics had shown that it was already well adapted to their needs. Dr. ZWANCK (Argentina) said that Argentina's policy of collaboration in the field of public health had been expressed by her participation Dr. LARA (Philippines)said hisdelegation in the founding of the Pan American Sanitaryjoined with others in unanimously accepting the Bureau and her support of the four-yearly con-report of the Technical Preparatory Committee ferences. as a working basis for the Conference, and in congratulating the members of the Committee He outlined the health objectives of his country,on their splendid achievements. which guaranteed by its Constitution the of every individual ; and he emphasized The Conference must face squarely the problems his Government's determination to pursue itsto be solved in the field of health if the peoples 21 JUNE 1946 - 40 - FIFTH MEETING of the world were to live together, and he believed be rectified in the afternoon, and added that that the principles laid down by the Committeetranslations of the speeches in Spanish would be would provide good guidance.He assured themmade from the written texts and circulated to of the utmost co-operation by his country andall delegations. conveyed the sincere good wishes of its people. Professor HAKIM (Lebanon) congratulated the Dr. THOMEN (Dominican Republic) cited RuleTechnical Preparatory Committee on its report 41 of the Provisional Rules of Procedure of theand said that Lebanon wholeheartedly supported Conference 1, concerning interpretation, and saidthe establishment of a World Health Organ- he had been informed that no provision had beenization.By virtue of its geographical location, made for interpretation from Spanish.There and with the help of the medical schools of the were nineteen delegations whose mother tonguetwo universitiesof itscapital, Lebanon was was Spanish, and they desired to have theircapable of playing an important role in the promo- speeches interpreted into the working languagestion of health.His country was in favour of of the Conference.He was willing to make aorganizing effective regional arrangements to the brief interpretation into English of the remarksfullest possible extent.As a member of the Arab of the delegates of Argentina and Peru. League, it was already engaged in organizing common action in the field of health with other The CHAIRMAN expressedtheSecretariat'sArab States.He expressed the desire and hope regretsthatthe interpretationfacilities hadthatthe World HealthOrganization would broken down that morning, making it impossibleundertake positive, constructive action in spread- for the Conference to proceed in strict accordanceing the benefits of scientific progress to the less with the Rules of Procedure. advanced territories all over the world.

The SECRETARY apologized in the name of the Secretariat, explaining that the situation had Dr. LEE (Korea) said that his country, one of arisen because meetings of the most importantthe unfortunate nations of the world, had just organs of the United Nations were being held atbeen liberated, and looked forward eagerly to the earlyestablishmentofself-government.The the same time.He hoped that the position wouldAmerican Military Government in Korea had recognized the importance of the Conference, and 1 Rule 41 of the Provisional Rules of Proceduretherefore a delegate had been sent in the capacity read : He had no doubt that when the " Speeches made in either of the workingof observer. languagesintheConferenceand committeesKorean Government was legally established and shall be interpreted into the other working lan-recognized it would give its utmost support and guage ; speeches made in any of the other threeco-operation to the World Health Organization. official languages of the United Nations-Chinese, Spanish and Russian-shall be interpreted into both working languages." The meeting rose at 12.20 p.m.

FIFTH MEETING Held on Friday, 21 June 1946, at 3 p.m., Henry Hudson Hotel, New York City. Chairman :Dr. Thomas PARRAN (United States of America).

Pending the arrival of the report of the Com-The Committee recommended that Rule 26 be mittee on Rules of Procedure, the plenary meetingamended to read : was adjourned, delegates reconvening immediately " The Conference shall elect at a plenary as Committee II (Administration and Finance). meetingits own President and fiveVice- Presidents, as well as the Chairman of each 1. Election of Vice-Presidents and Committee of its working committees.Each such com- Chairmen. mittee shall elect its own Vice-Chairman and Rapporteur." On the resumption of the plenary meeting, the CHAIRMAN said that, although the mimeo- It recommended that Rule 29 be amended to graphed copies of the report of the Committeeread : on Rules of Procedure were still not available, " The President and Vice-Presidents of the Dr. Cavaillon, the Chairman of that Committee, Conference, as well as three delegates designated was prepared to recommend such changes as by the Conference, and the Chairmen of the were necessary in the temporary rules to make committees, shall constitute a General Com- possible the election of additional officers of the mittee entrusted with directing the debates Conference. of the Conference and co-ordinating the work of its committees. " Dr. CAVAILLON (France) said he wished at present to mention only two of the decisions of Rules 26 and 29,as thus amended, were the Committee, relating to Rules 26 and 29.unanimously adopted. SIXTH MEETING 41 24 JUNE 1946

2. Election of Conference Officers. Committee I (Scope and Functions of the ' World Health Organization) : Dr. Shousha The CHAIRMAN invited nominations for the Pasha (Egypt) ; vice-presidencies. Committee II (Administration and Finance) : Dr. Chisholm (Canada) ; Dr. GEAR (Union of South Africa) proposed Committee III (Legal Questions) :Dr. Evang that the senior delegates of Brazil, China, France, (Norway) ; the Union of Soviet Socialist Republics and the Committee IV (Relations) :Dr. Gabaldón United Kingdom be elected to those offices. (Venezuela) ; The proposal was supported by the delegates Committee V (Regional Arrangements) :Dr. of Cuba, Czechoslovakia, Ecuador, Egypt, Neth- Timmerman (Netherlands). erlands, India and Nicaragua. As the three additional members of the General The delegates nominated were unanimouslyCommittee, Dr. Shen nominated Dr. Stampar elected Vice-Presidents. (Yugoslavia), Dr. Lakshmanan (India) and Dr. Paz Soldán (Peru). Dr. SHEN (China) considered his election an The nominations weresupported by the honour not only to him personally but to Chinadelegates of Cuba, France, Iraq, Netherlands. and the people of the Far East, and in acceptingPhilippines, Syria, United Kingdom, Uruguay and he expressed his appreciation to the delegates. many other countries. In the name of the Chinese delegation, he made The delegates named by Dr.Shen were the following nominations for committee chair-unanimously elected. men : The meeting rose at 6 p.m.

SIXTH MEETING Held on Monday, 24 June 1946, at 2.15 p.m., Hunter College, , New York City. Chairman: Dr. Thomas PARRAN (United States of America).

CHAIRMAN extended a welcome to thehad rendered as Chairman of the Technical delegates of Belgium, Byelorussia, Greece, thePreparatory Committee. Ukraine and the Union of Soviet Socialist Repub- lics, and to the observers from Italy,all of Dr. KOPANARIS (Greece), who had participated whom had arrived since the previous plenaryin the work of the Technical Preparatory Com- session. mittee, expressed the assurance that its report, together with the experience of the other experts attending the present Conference, would be a 1. Further Statements by Delegates on thevaluable help towards the realization of the General Attitude of their Governments on theobjectives before them.Greece awaited with Report of the Technical Preparatory Corn-confidence and faith the results of the establish- rnittee. ment of the World Health Organization, which The CHAIRMAN invited a statement by thewould constitute a great hope for the world, a Chairman of the Soviet delegation. tremendous source of help and a guarantee for peace. Dr. KROTKOV (UnionofSovietSocialist The Hellenic Government entirely approved of Republics) thanked the Chairman and delegatesthedecisionsoftheTechnicalPreparatory for their greeting and explained that an airCommittee with respect to the creation of a transport delay had prevented the Soviet delega-single world organization of public health, and tion from arriving at the beginning of the Confer-in view of the urgency of the world's needs, it ence. He asked permission to postpone hisexpressed the wish that the International Health statement until the delegation had fully studiedConference would succeed in forming the basis of the documents. a solid and powerful organism able to realize the ideals sought by all peoples. Full co-operation Dr. SAND (Belgium) paid tribute to the Chair-between the nations in the field of health, as man as the symbol of the great movement ofenvisaged by the Committee, was a prerequisite hygiene and health protection which had foundto peace, happiness and prosperity. such strong support in the American nation. He also thanked the experts who had collaborated Mr. EVSTAFIEV (Byelorussia) brought greetings with him in Paris. to the Conference and stated that as his delegation had arrived only on the previous day he would The CHAIRMAN said the Conference was deeplyprefer to make his declaration at one of the later indebted to Dr. Sand for the great services hemeetings. 24 JUNE 1946 - 42 - SIXTH MEETING Dr. KALTCHENKO (Ukraine) brought the greet-one delegate should have the right to speak in ings of the Ukrainian SSR and stated that histhe name of his delegation on any particular Government shared the basic principles of thequestion, unless the Chairman should authorize World Health Organization as they were expressedothers to do so. in the draft statutes. He felt that his observations After commenting on other changes, Dr. Cavail- with regard to the draft could be made in moreIon moved the adoption of the revised Rules of precise terms in the committees. Procedure. His Government had great hopes and expected The proposal was seconded by the delegates many things from theInternational HealthofColombia,Ecuador,Mexico,Netherlands, Conference. The workers of the medical profession Paraguay, the Philippines, Poland and other in the Ukrainian SSR, which hadseen suchcountries. great suffering, knew better then anyone what war meant for the people, and the Conference The Rules of Procedure 1, as proposed in the Committee's report, were unanimously adopted. would accomplish its tasks only if it wroteon its banners, first, the fight for peace and, secondly, the fight against sickness. 3. Interpretation. He considered that the basis for thenew organization should be the Charter of the United The SECRETARY stated that the Secretariat Nations, of which one of the basic principleswas -had taken further measures to ensurestrict the independerice of each country in its internalcompliance with. Rule 36, relating to languages affairs.That point must be emphasized in theof the Conference.A Spanish interpreter was relevant statute, and his Government felt alsoexpected to arrive from London by air very that the organization should be one which madeshortly, but if in the meantime any of the South recommendations but which did not rule, healthAmerican delegations was able tofurnish a services being a matter for decision by individualtemporary interpreter, the Secretariat would be Governments. very glad to avail itself of his services. Commenting on the Preamble of the draft The CHAIRMAN expressed his distress at the Constitution, he said that while one of its decla-lack of interpretation facilities for Spanish and rations was that freedom was a function ofasked the advice of the Conference on imple- health, his delegation considered that only wherementation of Rule 36. there was freedom could health be assured. Dr. LAUGIER, as Assistant Secretary-General Another point made by Dr. Kaltchenkowasin charge of Social Affairs, assured the Conference that questions of scientific development shouldthat the Secretariat was doing its utmost to be dealt with by UNESCO in the first place.provide the necessary service.He agreed com- He considered that the World Health Organiza-pletely with the protestations on the point, which tion must be one body in which would be mergedwould certainly be transmitted to the appropriate all existing international health organizations. authorities. Regional organs should be created, theirgeo- graphical locations and their personnel being Dr. SANDIFER (United States of America) said decided in relation to the wishes and opinionsthe United States delegation sympathized fully of the interested Governments. with the representation made by the Latin-Ameri- can delegations with respect to the question of He wished the Conference every success onSpanish interpretation.He realized fully the behalf of the workers of the medical professiondifficultiesunder which theSecretariatwas of the Ukrainian SSR labouring intrying toobtain the necessary services, and that it was doing everything it could. However, he felt that the Conference 2. Report of the Committee on Rules of Pro-should take some formal note of the request, cedure. and he therefore moved that the President of the Dr. CAVAILLON (France), presenting,asitsConference refer the representation to the Secre- Chairman, the report of the Committee on Rulestary-General of the United Nations, and that a of Procedure, commented upon the proposedreport be made to the following day's session as modifications (already circulated) to the draftto the specific steps being taken to obtain the Rules for the Conference. services of an interpreter. The motion was unanimously adopted. He pointed out that, in Rule 1, the Committee had considered it necessary to define precisely The meeting rose at 3.30 p.m. the meaning of the word " delegate " :and, in Rule 3, had established the principle that only 1 See page 1z. SEVENTH MEETING - 43 - 28 JUNE 1946

SEVENTH MEETING Held on Friday, 28 June 1946, at noon, Hunter College, The Bronx, New Y ork City. Chairman :Dr. Thomas PARRAN (United States of America).

1. Expression of Sympathy on the Death of theproblems,thelegalproblems they involved President of Chile. would be assigned to Committee III(Legal The CHAIRMAN expressed to the delegation Questions). of Chile the deep sympathy of all delegations on the loss suffered by that country through the death of its President, Dr. Juan Antonio Rios. 4. Further Statements by Delegates on the General Attitudes of their Governments on Dr.BUSTOS(Chile)expressedhis heartfelt thanks to the Chairman and delegates for their the Report of the Technical Preparatory expression of sorrow.He traced the career of Committee. President Rios, whose untimely death had cut Dr. KROTKOV(UnionofSovietSocialist him off from the activities of economic and socialRepublics) conveyed the greetings of the Soviet improvement which he had so actively pursued. delegation and stated that the Soviet Government had expressed its positive approval of the prin- 2. Election of Chairman of the Central Draftingciples of the new international health organization. Committee. It was important to create a new organization The CHAIRMAN called for nominations for thein a form that would take into account the changes chairmanship of the Central Drafting Committee.made by the war, and its success would be de- pendent upon the co-ordinated effort of all the Dr.STAMPAR(Yugoslavia)nominatedDr. Governments of the world.The mission of the Chisholm (Canada), Dr. DE PAULA SOUZA (Brazil) Conference could be accomplished only if the supporting. delegates bore in mind that the main objective The CHAIRMAN pointed out that Dr. Chisholmwas to assure to all peoples the possibility of was already Chairman of Committee II, and, onenjoying the accomplishments of modern medical the request of the nominee, Dr. STAMPAR with-science, and to bring all populations into the drew his proposal. common work for that purpose. Thereupon there were four other nominations. One of the main tasks of the Conference and Dr. Mackenzie (United Kingdom) was proposedof the new organization would be to prevent by Dr. Timmerman (Netherlands) ;Dr. Sandthe spread of epidemics, and they should not (Belgium)by Dr.Guzmán(Venezuela) ;Dr. wait until they were faced with a catastrophe, Vaucel (France) by Dr. Kopanaris (Greece), andbut should seek effective measures in modern Dr. Guzmán '(Venezuela) by Dr. Bustamante methods of medical science. (Mexico). On a vote by show of hands Dr. Mackenzie A great need of the times was the exchange received 31 votes, Drs. Sand and Guzmán four of scientific information :only collectively would votes each, and Dr. Vaucel one. the nations be able to eliminate the diseases that were the enemies of mankind. Dr. Mackenzie was elected Chairman of the Central Drafting Committee. The new organization must be the initiator It was agreed that the Committee shouldof collective scientific research, and he proposed consist of its Chairman and five members res-thecreationof an international information pectively selected by him from each of the fivebulletin. Such work would call for standard drafting sub-committees. methods in statistical and demographic research. The Soviet delegation would bring to the work 3. Assignments to Committee IV. of the Conference whatever its experience could give. The CHAIRMAN stated that the General Com- mittee had decided to assign to Committee IV Mr. EVSTAFIEV(Byelorussia)spokeofthe (Relations) responsibilities embracing the problemssuffering and destruction wrought during the relating to : occupation of Byelorussia.The Germans had (i)the creation of an Interim Commission andmade a special point of liquidating medical, its relationship with the United Nations ; scientific and researchfacilities, and medical (ii)the health work of UNRRA ; schools. The republic had lost in that way more than 13,000 surgery cots, 387 sanitary facilities (iii) the Office International d'Hygiène Publi-and 6o children's sanatoria.The destruction que ; had amounted to more than 600 million roubles. (iv) the health work of the League of Nations. In the three years of German occupation, The Chairman added that once Committee IVthe health of the people had been heavily affected: had determined the general policy on thoseForced to hide in forests, they had been debarred 12 JULY 1946 - 44 - EIGHTH MEETING from normal lives and nutrition, and in conse-to the Conference and considered that the co- quence many diseases thought to have been abo-operation of all States in the new Organization lished had reappeared. would help all the peoples of the world to restore Immediately upon the liberation of the country, their health and develop their health services. the Government had set about the restorationIt believed that the new Organization would go a of the health services.As a result of very greatlong way towards preventing diseases and foster- effort, the epidemic of typhus had been eliminateding co-operation among peoples in general.The and the prophylactic net all over the countryByelorussian Republic, as a member, would give restored ; but intense and sustained work wouldall its support in the pursuit of the great ideals be required to bring the health services back tofor which the Organization would stand. the pre-war level. The Byelorussian Government sent greetings The meeting rose a i p.m.

EIGHTH MEETING Held on Friday, 12 July 1946, at .ro.Io a.m., Hunter College, The Bronx, New York City. Chairman: Dr. Thomas PARRAN (United States of America).

1. Address by the Observer from Albania. of Mexico, Dr. Mondragón, had been elected Vice-Chairman, and the Drafting Sub-Committee The CHAIRMAN said that the observer fromhad consisted of Dr. Sand (Belgium), Chairman Albania had asked permission to give a short and Rapporteur ;Dr. Cayla (France), Dr. Mani address. (India), Dr. Gear (Union of South Africa) and Dr. JAKOVA (Observer from Albania) brought Dr. Kaltchenko (Ukraine), the Chairman and greetings from the people and Government ofVice-Chairman of the Committee being ex officio his country.He said that the results of the members. ravages of the war, and their effects upon the The revised text of the Preamble and of the health of nations, made clear the importance of sections of the Constitution relating to Objective the Conference. and Functions had been approved by the Com- He spoke of the privations among which themittee, and in formulating the text, the Com- people of Albania had fought for the liberationmittee and Drafting Sub-Committee had given of their country.The victims of that strugglecareful consideration to amendments submitted numbered 50,000 dead and wounded, besidesby the delegations of South Africa,Mexico, tens of thousands of prisoners forced into concen-Australia, Belgium, Netherlands, Chile, United tration camps, many never to return. The Kingdom, Iran, China, Philippines, Poland, Vene- Albanian economy had been destroyed, churches,zuela, United States of America and Canada. mosques,schools and other publicbuildings The Committee had removed from the text burned and pillaged by the enemy.Hence, hisreferences to the means to be employed for the country welcomed the Conference as a greatfulfilmentof the enumerated functions-such and promising effort to help the peoples that hadas the establishment of institutes, laboratories, suffered. a bulletin, courses of study, and fellowships- Despite the fact that Albania had done so muchas that aspect would form part of the task of for the common victory, it had not yet beenthe Organization.Questions falling within the admitted to membership of the United Nations.competence of other organs of theUnited Nations, Nevertheless, the Albanian delegation to the suchasdemographic problems andnarcotic present Conference was happy to bring its modest control, had also been eliminated. contribution,andsincerelyhopedthatthe The Committee had accepted the suggestion World Health Organization would prove efficientthat social security and hospital services should in re-establishing the health of martyred humanitybe explicitly cited as elements in the development and in consolidating the peace and happiness ofor restoration of health, and had agreed to the all peoples. inclusion of a paragraph relating to the prevention, in co-operation with other specialized agencies, 2. Consideration of the Report of Committee I:of accidental injuries. Scope and Functions. It would be noted that the Committee had The CHAIRMAN called on Dr. Shousha Pasha,expressed the objective of the Organization in a Chairman of Committee I, to present the Com-single sentence, having grouped under Functions mittee's report. He pointed out that after sub- stantive approval had been given by the Conference 1 See para. z of Note, page 30. Committee I dealt to committee reports, the Central Drafting Com-with the draft proposal of the Technical Preparatory mittee, in consultation with the Legal Committee,Committee relative to Preamble, Aims and Objec- tives, and Functions - see (v. Rec. WHO, No. s, would prepare them in final form. pages 69-70. The report of Committee I as finally Dr. SHOUSHA Pasha (Egypt) said that Com-adopted comprises the Preamble and Chapters f mittee I had held five meetings. The chief delegateand f f of the Constitution - see page loo. EIGHTH MEETING - 45 - 12 JULY 1946 various ideas enumerated under Objectives in theinstinctualdrives by co-operating reasonably draft of the Technical Preparatory Committee. well with local people. That situation had changed The Committee had reached full agreement onentirely :the environment of every person was the revised text except with respect to Articlenow the whole world, and it was essential to the (n) of Section III (Functions), on which article 1health of every individual that he develop beyond there had been an even division of opinion.Itthe capacity to live with his own kind of people had been decided to refer the disputed clausein his own little environment and be able to -placed between brackets in the report-to thelive with all the kinds of people all over the world. plenary session of the Conference for decision. The Committee had likewise decided to refer That was not a social or educational concept, to the plenary session, as being outside its ownbut a health concept. To-day, through the radio, competence, a proposal by the United Kingdomthe Press and " movies ", man was brought into delegation that the name of the Organizationimmediate contact with events throughout the should be " Health Organization of the Unitedworld, and if he proved unable to adjust himself Nations ". to his changed environment, he would follow the The Committee believed that while retainingdinosaur into oblivion. the substance and spirit of the Technical Prepa- ratory Committee's draft, it had succeeded in He assured them, as a psychiatrist and a clarifying and improving the text in severalrepresentativeof many other people greatly particulars. interested in the field of health, that the deletion of so important a part of the Paris draft would Dr. SAND (Belgium), Chairman and Rapporteurseriously disturb many earnest scientists. of the Drafting Sub-Committee, proceeded to read the report sub-sectioh by sub-section. All generations hitherto had been the kind of people who fought wars every fifteen or twenty years.That dangerous game had now to be The Preamble. considered in terms of the survival of the human After approval of the introductory clause andrace. He would suggest that the basic problem of sub-sections r to 5, discussion arose on sub-sectionhealth was survival, and the insertion of the 6, which read paragraph in the Paris draft had been made in terms of the recognition of the desirability of the " Healthy development of the child is ofhuman race's surviving at all. basic importance. " If it should be possible, now or soon, to begin Dr. CHISHOLM (Canada) said that the text ofguiding the development of the child towards the paragraph in the Technical Preparatory Committee's draft 2 had conveyed a sense farthe ability to live in harmony with all the kinds beyond that of the paragraph now before theof people in the world, the effects of that work Conference : it had referred to the healthywould not appear for perhaps twenty-five, thirty development of the child toward world citizenship, or forty years. He warned the delegates that re- which was a very important concept. tention of the clause as it stood in the Paris draft, To many people working in the field of health,or of an equivalent clause, would lay upon the that reference in the Paris draft was the focalWorld Health Organization the responsibility of point of the whole document, and much theundertaking a great deal of serious work-speci- most important part of it. Such a view was takenfically of finding out why the human race had by workers insocial , clinical psy-attempted so seriously to wipe itself out, and chology, , education, general semanticsof attempting to do something about it.But if and many others. the World Health Organization did not recognize The paragraph, as accepted by the Technicalthat responsibility, onerous though it was, no Preparatory Committee, was not merely a state-one else would, because it was a matter of health. ment of a tenet of educational philosophy, butIf the delegates should omit the clause from the a great deal more :it was a recognition of theConstitution, they would have decided not to strong gregarious instinct in man's nature, drivingaccept the responsibility of helping children to him to live in harmony and peace with otherbe able.in later years to save the world from the people. chaos towards which it was at present heading. Until quite recently, man's environment hat been his locality only, his village or town or Dr. Chisholm went on to move the replacement at most his own country, and he had been able of sub-section 6 by the wording : to live at peace with his own emotions and his " The ability tolive harmoniously ina 1 This article read : "... (n) to promote research changing total environment is essential to the in the field of health, (notably in providing the healthy development of the child." necessary material means) ; ". 2 The corresponding paragraph in the Technical He added that the word " healthy " was there Preparatory Committee's draft read : used in the sense defined in the first sub-section " Healthy development of the child toward world citizenship is of paramount importance ". of the Preamble. 1.2 JULY 1946 - 46 - EIGHTH MEETING

Because he believed the matter to be of the Dr. PAZ SOLD ÁN (Peru) approved of Dr. Chis- most vital importance to the future of the Worldholm's proposal and of the suggestion by the Health Organization, and even to the survivaldelegate of Norway that it should be co-ordinated of the human race, Dr. Chisholm moved that awith the draft at present before the meeting. vote be taken by roll-call. As a delegate to all the pan American child health conferences and one who had devoted his lifetime work to the promotion of the fundamental Mr. YATES (United Kingdom) felt that it wasconcept of the importance of child welfare in the of the first importance that the ideas expressedgeneral society, he was convinced also that the in the proposal of the Canadian delegation shouldhealth of the child was fundamentally bound to find expression in the Charter of the World Healththe health of the in which he lived, and Organization, which should look to the futurehe proposed the addition to the text of a statement rather than to the past and include the mostto that effect. progressive and potentially fruitful ideas. If need be, the United Kingdom delegation Dr. TREFI (Syria) expressed the conviction that would support a special reference to one of thethe welfare of the child depended entirely upon drafting bodies to make absolutely sure that thehis health and surroundings.He felt that the ideas so brilliantly expressed by Dr. ChisholmOrganization should concern itself with the health were fully clothed in the most adequate language. of the child from the day of birth, and supported For its own part, the United Kingdom delegationwholeheartedly the proposal of the delegate of was content with the language now proposed byCanada. Canada. Dr. VAN DEN BERG (Netherlands) supported the proposal of the delegate of Norway, and asked Dr. MORA OTERO (Uruguay) fully supported thewhether the delegate of Canada agreed to that motion, as he felt that elimination of the concept proposal. expressed in the Paris draft would mean the Dr. VALLARINO (Panama) felt that all members suppression of one of the most important dutiesof the Conference were in accord with the excellent which the Organization was bound to take uponproposal and brilliant exposition of the delegate itself. The scope of the Organization shouldof Canada and likewise with the proposal of the include new ideas, now being brought out indelegate of Norway. He proposed therefore that socialfields, which would create a new andthose proposals be submitted to a vote. more co-operative world society. Dr. SHOUSHA Pasha (Egypt) supported the The American republics, in co-operation, had already set up inMontevideo, Uruguay, anmotion to close the debate. institutefor the protectionofchildren, and Dr. CHISHOLM (Canada) welcomed the sugges- he suggested that the work of the Organizationtion by the delegate of Norway that the text in the same field might be co-ordinated with theproposed by the Canadian delegation be added work being carried out by the institute. to the paragraph already existing as sub-section 6. He now proposed, therefore, that the Central Dr. BOUDREAU (United States of America)Drafting Committee should be asked to prepare strongly supported the Canadiandelegation'sa text along those lines for incorporation in proposal; which had underlined the fact that ifthe Constitution.In the absence of any expres- the peoples of the world wished to survive theysion of opposition, he withdrew his motion for a could not behave in the new world in the wayvote by roll-call. they had behaved in the old. The CHAIRMAN put to the meeting the pro- The United States delegation hoped that theposal as thus amended by the Canadian delegation. proposal would be adopted by the Conference, Sub-section 6 as amended was unanimously and that the World Health Organization would approved. undertake as soon as possible a programme of work designed to achieve its objective. Dr. SAND read the remainder of the Preamble, comprising sub-sections 7, 8 and 9, and these were unanimously approved. Dr. EVANG (Norway) while believing that it would be a serious omission to leave out the He then moved approval of the Preamble as a fundamental thought and line of action explainedwhole, as amended. by the delegate of Canada, suggested the reten- tion, along with the text proposed, of the more The CHAIRMAN inviteddiscussiononthe general text already before the Conference. preamble. Dr. MACKENZIE (United Kingdom) proposed Dr. Buszos (Chile) gave wholehearted supportalteration of the name " World Health Organiza- to the proposal of the delegate of Canada, declar-tion " to " Health Organization of the United ing that the full development of the child, bothNations ". He advanced the arguments that the physically and mentally, would be the basis forOrganization had had its origin at San Francisco ; a new betterment of mankind, presenting thethe proposal for its creation had been taken hope of modifying the course of future generationsfurther by the Economic and Social Council ; towards a more dignified and perfect social rela-the present Conference had been called by the tionship among the nations of the world. United Nations, and there was a possibility that EIGHTH MEETING - 47 - 12 JULY 1946 many of the financial requirements of the next He recalled that at San Francisco, in drafting six or eight months would be met by the Unitedthe resolution initiating steps for the establish- Nations. Under those conditions, the Unitedment of the Organization, the delegations of Kingdom. delegation felt that some recognitionChina and Brazil had chosen the name " Inter- was desirable.The title should, furthermore,national Health Organization ". About that time reflect the fact that the new body .would be aUNRRA and FAO hadbeenestablished, specialized agency of the United Nations.He and steps had been taken to establish UNESCO ; pointed out thatthe Food and Agricultureand although there had been a temptation to Organization of the United Nations, UNESCOfollow a similar line and suggest the name " United and UNRRA all had " United Nations "in Nations Health Organization ", the delegations their titles, and that the exception, PICAO, wasof China and Brazil had felt that there was an a provisional title only. advantage in choosing a name more universal He realized that many delegations would feelthan " United Nations ".Even at that early it difficult to drop the word " World ", but allstage it had been recognized that, in the province delegations hoped and believed that eventually the of health, activities must be universal and cover United Nations would become a world-wide a wider field than the United Nations organization body. The United Kingdom delegation wasitself. Hé believed that a similar trend of thought strongly in favour of a universal world healthhad been expressed in the titles of the Inter- organization, and had taken the lead in Parisnational Civil Aviation Organization, the Inter- in urging the inclusion of non-member States ofnational Bank for Reconstruction and Develop- the United Nations in the health organization. ment, and in the International Fund for Stabiliza- tion of Currency, representing the firststeps A demonstration of the solidarity of the dele-towards an Organization. gations at the present Conference would be of The realization,after the dropping of the great value, and the United Kingdom delegationatomic bomb at Hiroshima, that the world had requested that the roll be called by countries, inentered a new age, the Atomic Age, had been order to demonstrate outside as well as inside thereflected in further titles that began to appear room which delegations approved and whichon the international scene-such titles as " World disapproved of manifesting that solidarity byBank " and " World Fund ". makingtheconnexionbetweenthehealth The Technical Preparatory Committee had organization and the United Nations evident inbeen proud of its unanimous choice of the title its title. " World Health Organization ", feeling that that organization might be the first of the new spe- cialized agencies to recognize that the world had Dr. VAN DEN BERG (Netherlands), DI% TREFI entered upon a new age, and he earnestly appealed (Syria) and Dr. MORAN (Guatemala) supportedfor support of that name. the amendment proposed by the delegate of the United Kingdom. Dr. KALTCHENKO (Ukraine) declared that the question of the title had already been discussed at great length at committee meetings, and the Dr. HAFEZI (Iran) favoured the retention ofDrafting Committee had considered that the the title " World Health Organization ", because United Kingdom proposal would be too restrictive, all the nations of the world were not representedon the ground that it would not fully express the in the United Nations. ideas and principles at the base of the Organiza- tion. The present Conference was the first interna- He therefore moved that the debate be closed, tional conference to allow the admission of non-adding that the Ukrainian delegation, for its self-governing territories as associate members.part, supported the maintenance of thetitle The new organization would be working for the" World Health Organization ". entire human race, whereas the United Nations comprised fifty-one nations ;and the objective Dr. SHOUSHA Pasha (Egypt) supported the of the new organization, as stated in its Charter,motion for closure of the debate. was the attainment by all peoples of the highest possible level of health. The CHAIRMAN, having put to the meeting the Failure of the Iranian delegation to supportmotion for closure, announced a tie vote. the amendment proposed by the United Kingdom Observing that apparently every delegation delegation did not mean that Iran was not inhad not voted, he put the motion to the meeting favour of solidarity with the United Nations.again, asking the delegations to vote by raising Such solidarity had been amply provided for inthe names of their countries. the Charter.The Iranian delegation took the The motion for closure was rejected by 23 view that the matter under discussion was on avotes to 22. different level and of greater scope than the United Nations, and for that reason it preferred Dr. ZWANCK (Argentina) supported retention the title " World Health Organization ". of the name " World Health Organization ", on the ground that the Conference had been called for the purpose of uniting all nations in the inte- Dr. SZE (China) regretted that it was not pos-rest of health. sible for the Chinese delegation to support the Argentina believed in the interdependence of amendment proposed by the United Kingdomthe human race and of the nations of the world, delegation. and that the Organization should not be closed 12 JULY 1946 - 48 - EIGHTH MEETING

to any State.It was stated in the Preamble thatbenefits that medical science could give them, and every human being, without distinction of race, his delegation believed that that ideal could be religion, political belief, or economic or social fully expressed only by retaining the name proposed condition, should have the fundamental right toby the Technical Preparatory Committee. good health and well-being. Dr. VALLARINO (Panama) said that he was The word " World " expressed in the title theamong the delegates who felt that the Organiza- spirit in which the delegates had met to createtion should have a world function which could the Organization, and he had an official mandatenot leave out territories and nations that did to convey the request of Argentina that the entrynot adhere to the United Nations.In order to of into the Organization should be facili-conciliate the points of view expressed by the tated.Argentina, a fusion of many races, owedUnited Kingdom and Chinese delegations, he to Spain its language, culture and religion, andproposed the title, " World Health Organization to both Spain and Italy the work of their sonsof the United Nations ". who formed the Argentine nation. Dr. DE PAULA SOUZA (Brazil) supported the He was not asking for a vote or resolution onproposal of the delegate of China, and suggested the subject, but wished it to be put on recordthat as the matter had now been well ventilated that Argentina had asked that Spain be admittedthe discussion should be closed and a vote taken. to the World Health Organization. Dr.MACKENZIE(UnitedKingdom),asked permission to withdraw his amendment in favour Dr. VAN DEN BERG (Netherlands) suggested, as of the proposal by the delegate of Panama that a supplement to the amendment proposed bythe name should be the " World Health Organiza- the United Kingdom delegation, that the titletion of the United Nations ", and the similar should be " United Nations World Health Orga-proposal by the delegate of the Netherlands. nization ",thus utilizing both of the termsHe withdrew also his request for a vote by roll- under discussion. call.

Dr. CHISHOLM (Canada) said that the remarks Dr. KALTCHENKO (Ukraine) also supported the of the delegate of China had well expressed theamendment proposed by the delegates of the view of the Canadian delegation.He sincerelyNetherlands and Panama, and withdrew from the hoped that the evidence of the world-wide inte-earlier position taken by his delegation. rest of the new body would be retained through the use of the title " World Health Organization". The CHAIRMAN, after a vote on the motion for closure, declared the debate closed.

Dr. THOMEN (Dominican Republic) said that The SECRETARY read the text of the amend- the main argument advanced by the Unitedment before the meeting : Kingdom delegate to justify the use of the term " United Nations " in the title was that " The title of the Organization isWorld his country expected that most of the nations Health Organization of the United Nations '." of the world would join the United Nations. However, if it was expected that all the nations The CHAIRMAN, after taking the vote by show of the world would join the United Nations, theof hands, declared the result uncertain, and sug- name " World Health Organization " was mostgested that the vote be taken by roll-call. j ustified. Dr. NOGUEIRA (Cuba), speaking on a point For that reason he supported the proposal ofof order, declared that the title proposed in the the delegate of China and the points made by theamendment contained a grammatical error, as delegate of Iran. There were still many countriesit gave the organization world-wide scope and that were not members of the United Nations andat the same time limited it to nation-wide scope. that would probably want to join the WorldHe asked, therefore, that the final vote be delayed Health Organization, and his delegation felt thatuntil the matter had been given careful study: all the nations of the world should be able to join in the cause of health even if they did not The CHAIRMAN said he was forced to rule that feel like joining the political cause of the Unitedthe remarks of the delegate of Cuba did not Nations. constitute a point of order but a new motion. The vote was thereupon taken by roll-call. Dr.BUSTAMANTE (Mexico), supportingthe The amendment proposed by the delegate of retention of the name " World Health Organiza-the Netherlands and supported by the delegates tion ", said that Mexico had been a Member ofofPanama, theUnited Kingdom andthe the United Nations since its inception, and inUkrainian SSR was lost by 30 votes to 17, view of the part it had taken in the war it hadthe roll-call resulting as follows : earned its right to that membership. Votes for : Australia, Greece, Haiti, India, The fundamental scientific ideal of the new Netherlands, New Zealand, Norway, Panama, organization was the desire to make it possible Poland, Saudi Arabia, Syria, Byelorussia, for everybody in the world to enjoy the greatest Ukrainian SSR, Union of Soviet Socialist EIGHTH MEETING - 49 - 12 JULY 1946

Republics, Union of South Africa, United Dr. BOUDREAU (United States of America) said Kingdom and Yugoslavia. that the unanimity with which the Conference had approved the proposal of the Canadian Votes against:Argentina, Belgium, Brazil,delegation (with regard to sub-section 6 of the Canada, Chile, China, Colombia, Costa Rica,Preamble) had provided striking evidence of the Cuba, Czechoslovakia, Denmark, Dominican depth of conviction on the subject.However, Republic, Egypt, El Salvador, France, Gua-since the Preamble was not an integral part of temala, Honduras, Iran, Lebanon, Liberia, the Constitution,a necessary consequenceof Luxemburg, Mexico, Nicaragua, Paraguay,the action taken on the Canadian proppsal would Peru, Philippine Republic, Turkey, Unitedbe to mention that important subject in the States of America, Uruguay, Venezuela. Functions of the Organization. He therefore Abstention: Ethiopia. suggested that Article (1) be amended to read : The CHAIRMAN stated that, the amendment " To promote maternal and child health having been lost, discussion would revert to the and welfare and to take such measures as will motion by the Rapporteur to approve the Preamble foster harmonious living in a changing total as amended in sub-section 6. environment, which is essential for the healthy development of the child." Dr. MOLL (El Salvador) asked whether the The proposal, supported by the delegates of Preamble was part of the Constitution. Venezuela, Yugoslavia and the Dominican Repub- lic, was unanimously approved. The SECRETARY said that the Preamble was not an integral part of the Constitution, but its Article (in)[2 (m)] was approved without introduction and explanation.It did not have discussion. the legal force of the articles of the Constitution. Article (n) [2 (n)]. This article read : Dr. MOLL suggested that the sub-sections of the " (n)to promote research in the field of Preamble should not be numbered. health (notably in providing the necessary The CHAIRMAN, while thanking the delegate of material means) ; " El Salvador for his comment, observed that Dr. SHOUSHA Pasha (Egypt) said that dis- approval given at the present meeting would becussion on Article (n) in Committee I had resulted substantive only, and that legal drafting wouldin an even division, half of the votes favouring be done later. retention of the first clause only of the Article, He then put to the vote the Preamble aswithout the addition of a statement regarding amended. the provision of the necessary material means, while the others favoured the addition of that The Preamble, as amended in sub-section 6,statement.The Committee had therefore felt was unanimously approved. that it would be advisable to discuss the question in a plenary session. Section II :Objective [I, I]. the The proposal that there should be in the The paragraphstating objective wasConstitution a provision relating to the machinery approved without discussion. and the means of promoting health had been Section III :Functions [II]. made by the delegate of Belgium. Articles (a) to (I) [2, (a) to (1)] were approved Dr. EVANG (Norway) considered that the last without discussion. part of the article was of limiting effect, as there were many ways, in addition to the provi- Article (g) [2 (g)].This article read : sion of material means, in which research in the " (g) to stimulate and advance work tofield of health could be promoted. He proposed eradicate epidemic, endemic and other diseases,that the article should read, " to promote re- especially those of Major social importance."search in the field of health ", without any addi- tion. Dr. PAZ SOLDAN (Peru) suggested that the Article would be improved by the deletion of Dr. GUZMÁN (Venezuela) seconded the proposal the last clause, " especially those of major socialof the delegate of Norway. importance ". He believed that all diseases would be of social importance before, during or after Professor DE LAI' (Belgium) stated that the their occurrence, and that the clause was contraryproposal made by the Belgian delegation had to the general principles of the Constitution asnot been intended to have any limiting effect. expressed in the Preamble. The European countries that had suffered inva- sion and occupation were to-day in a very sorry The amendment proposed by the delegate ofposition, and might not be able to afford the Peru was approved. means to play their part in the general struggle Articles (h) to (k) [2, (h) to (k)] were approvedagainst sickness and in the promotion of research. without discussion. The Belgian delegation, therefore, had always stressed at the present Conference the necessity Article (1) [2 (1)]. This article read : for total international co-operation. If the second " (1) to promote maternal and childpart of Article (n) were omitted, it would be health and welfare." tantamount to excluding from that international 13 JULY 1946 - 50 - NINTH MEETING

co-operation the countries which would have its own institutions, with its own personnel, or difficulty in finding the necessary material means. inco-operation withofficialornon-official He thought that the Conference must at least institutions of any member with the consent indicate the importance of the question by in- of the Government concerned." serting in the Constitution the full text proposed. He felt that the thoughts expressed by the The CHAIRMAN asked whether the delegatesdelegate of Belgium were already included in of Belgium and Norway would agree to amendingthat paragraph. Article (n) to read : " to promote and conduct research in the Professor DE LAÉT fully agreed. field of health." The CHAIRMAN put to the meeting the amend- ment presented by the delegates of Norway and Dr. EVANG assented, and Professor DE LAÉT said that he would support the amendmentBelgium. provided that the word " promote " meant or The amendment of Article (n) to read, " to included the sense of material aid. promote and conduct research in the field of health ", was unanimously approved. Dr. PARISOT (France) believed that the sub- Articles (o) to (v) [2, (o) to (v)] were approved stance of the Belgian proposal was already con-without discussion. tained in the report of Committee II (Administra- tion and Finance), where it had been inserted The report of Committee I, as amended, was as a result of a request by the delegate of Mexico.unanimously approved. The paragraph in that report read : On behalf of the plenary session, the CHAIRMAN expressed appreciation to the Chairman, Rap- "The (World Health) Assembly shall : porteur and other members of the Committee for . . .(j)be empowered to take actiontheir excellent work. in the promotion and conduct of research in the field of health, by the establishment of The meeting rose at iro p.m.

NINTH MEETING Held on Saturday, 13 July 1946, at ro a.m., Hunter College, The Bronx, New York City. Chairman:Dr. Thomas PARRAN (United States of America).

J. Consideration of the Report of Committee The draft of the relevant section in the report IV :Relations with the United Nations andof the Technical Preparatory Committee 1 had other Organizations. been discussed and the delegations of Australia, the United Kingdom and the United States of The CHAIRMAN invited Dr. Gabaldem, Chairman America had submittedinwritingproposed of Committee IV, to present the Committee'samendments. report, at the same time reminding the Conference that approval given by it would be substantive Dr. SZE (China), Rapporteur of Committee IV, only, the text being subject to revision by theread the Committee's report paragraph by para- Central Drafting Committee in consultation withgraph, and then submitted the report as a whole the Legal Committee. for adoption. The report of Committee IV on the section of Dr. GABALDÓN (Venezuela) said that the pre- the Constitution concerning Relations with Other sent report dealt only with one of the mattersOrganizations [XVI, 69to72] was adopted referred to the Committee :that section of thewithout discussion. Constitution concerning Relations with other The CHAIRMAN noted that other reports were Organizations. still to be submitted by the Committee, and The place of Dr. Machaseek (Czechoslovakia),expressed the appreciationof the Conference the original Vice-Chairman, had been taken byfor the work so far accomplished. Dr. 6an'eik (Czechoslovakia), and Dr. Sze (China) had been appointed Rapporteur.The Drafting2. Report of Committee II :Administration Sub-Committee consisted of Sir Raphael Cilento and Finance. (Australia), Dr. Sze (China), Dr. Bejarano (Co- lombia),Dr.Cayla(France),and Dr.Eliot The CHAIRMAN invited Dr. Chisholm, Chair- (United States of America).Dr. Bejarano hadman of Committee II, to present the Committee's had to leave, but the Committee had not sub- report . sequently met and therefore no successor had 1 See og. Rec. WHO, No. I, page 74, Section yet been elected. XVII. NINTH MEETING - 51 - 13 JULY 1946

Dr. CHISHOLM (Canada) said that the Committee Dr. KROTKOV (UnionofSovietSocialist had been set up to discuss and agree as to theRepublics) considered the clause too categorical, text of the following sections of the Proposalsand therefore unacceptable.It gave the impres- for the Constitution 1 contained in the Technicalsion that the Organization, not yet established Preparatory Committee's report :V (Organs) ; or even in existence as an independent body, was VI (World Health Conference) ; VII (Executivealready taking upon itself to dictate to indepen- Board) ; VIII (Director-General and Secretariat) ;dent States.The clause furthermore dealt not IX (Committees) ; X (Conferences) ; XI (Head-only with the problem of health, but also with quarters) ; XIII (Budget and Expenses) ; XIVeconomic and political problems. (Voting) and XV (Reports submitted by States). It was true that the Conference must guard Dr. Kacprzak (Poland) had been elected Vice-against and prevent the spread of drugs that Chairman, but unfortunately, through illness, hewere below the accepted standards, and that had not been able to take part in the later meet-such regulations were just and useful. However, ings. Sub-committees had been appointed tothey must be presented in the form of recom- clarify issues involved in the questions of meetingsmendations. and functions of the Assembly, and a Drafting Sub-Committee had been set up under the chair- He felt, that if the clause were accepted in its manship of Professor Parisot (France), who waspresent form by the Conference, it might be diffi- also Rapporteur. cult to secure ratification by certain States, and that danger caused him great concern. The CHAIRMAN expressed the regret of the Whereas the first five clauses of sub-section (h) delegates at the illness of the Chairman of thewere satisfactory and dealt adequately with the Polish delegation, and their hopes for his earlyproblem, he considered that clause (vi) added recovery. He added that he himself could testifynothing new, and he therefore suggestedits that Dr. Kacprzak had been a useful and compe- deletion. tent member oftheTechnicalPreparatory Committee. Dr. CHISHOLM (Canada), as Chairman of Com- Dr. GRZEGORZEWSKI (Poland)thanked themittee II, moved postponement of consideration Chairman and delegates on behalf of the Polishof clause (vi) until 15 July. delegation for their expression of sympathy. His motion was supported by the delegates of El Salvador, the United States of America and Dr. PARISOT (France), Rapporteur of Com-Yugoslavia. mittee II, said its task had been difficult because of the wideness of the field ; and many discussions had also taken place on the twenty-five amend- Dr. PAZ SOLDAN (Peru) heartily supported the ments that had been submitted.The Draftingproposal by the delegate of the Union of Soviet Sub-Committee had had the help of sub-commit-Socialist Republics, declaring that all the reasons tees on sessions and functions of the Assembly,he had advanced for the deletion of the clause and of a legal sub-committee. applied equally to Peru. Dr.Parisot proceeded to read the report paragraph by paragraph. The CHAIRMAN ruled that discussion must be limited to discussion of the motion to postpone Section V (Organs) [IV]. consideration of the clause. This section was approved without discussion. Dr. BUSTOS (Chile) opposed postponement of Section VI (World Health Assembly) [V]. the matter, as he saw no reason why it could Paragraphs I (Composition [io to 12] and 2not be discussed immediately. The Chilean (Meetings)[13 to17] and sub-paragraphs (a)delegation had manifested its opposition to the to (g) of paragraph 3 (Functions) [18 (a), (b),clause in committee meetings, and had awaited (c), (d), (/), (g), 19, 20] were approved withoutthe present plenary session to make its attitude discussion. known once again. After approval of clauses(i)to(v) of sub- He took the view that the matter was one paragraph (h), paragraph 3 [21, (a) to (e)], dis-concerning commerce rather than health, and cussion arose on clause (vi), which read : therefore not a matter for the Conference to consider. " The Assembly shall : The Chilean Government had standards of . . .(h)have the authority to adopt biological products, and the Chilean delegation regulations concerning : had asked Committee II to use in the clause .(vi)prevention by each member ofunder discussionthe words" minimum stan- the importation into the territories underdards ", because if the standards were too high, its jurisdiction of biologic, pharmaceuticalharm wonld be done to developing industries in and similar products which do not conformChile and similar countries, and the products of to standards adopted by the Assembly."those countries could be used only for home consumption and not for export to neighbouring 1 See Og. Rec. WHO, No. 1, pages 71 to 74. countries. 13 JULY 1946 - 52 - NINTH MEETING

Dr. SANTAMARINA (Cuba) said that he and, he Dr. MOLL (El Salvador) asked whether " adop- thought, many other delegates, would like totion by the Assembly " meant adoption by a continue the discussion at once.However, ifmajority of the members present and voting. the Chairman of Committee II had some powerful reason for believing that the discussion should be The CHAIRMAN drew the attention of delegates postponed, they would be glad to hear it. to the proposed language of Section XIV (Voting). Dr. MOLL (El Salvador) observed that in other Dr. CHISHOLM (Canada) said he had moved postponement because he understood that therewords, a minority of the Assembly could decide the were several 4elegates who felt that they hadquestion. not had sufficient time to study the text of the The CHAIRMAN pointed out that the text of clause under consideration, and it might be easierSection XIV had not yet been approved. to clarify the issue at a later date. Dr. SANTAMARINA (Cuba) supported the motion The CHAIRMAN put the motion for postponement of the delegate of the Dominican Republic for to a vote. postponement. It was decided by 29 votes to II that considera- The CHAIRMAN ruled that the proposal by the tion of clause (vi) of paragraph 3, sub-paragraphdelegate of the Union of Soviet Socialist Repub- (h) should be postponed until 15 July. lics must be disposed of before consideration of the motion by the delegate of the Dominican Dr. PARISOT (France) read the remainder ofRepublic. He invited Dr. Chisholm to explain the sub-paragraph 3 (h) [22] : original text of the passage under discussion. " Such regulations shall become effective as Dr. CHISHOLM (Canada) said the issue was to all members of the Organization after duebetween the principle of " contracting out ", as notice has been given of their adoption by thein the original text, or " contracting in ", as Assembly, except for such members as mayrecommended by the delegate of the Union of notify the Director-General ofrejection orSoviet Socialist Republics.Under the amend- reservations within the period stated in thement proposed by the latter delegate, the regula- notice." tions would require, to bring them into effect, adoption in the Assembly by a majority of the Dr. KROTKOV (Union of Soviet Socialist Repub-members present and voting, followed by ac- lics) proposed, on the same principles on whichceptance by two-thirds of the Member States of he had based his observations with regard tothe World Health Organization. clause (vi), that this portion of the text should be amended to read : Dr. KROTKOV (UnionofSovietSocialist Republics) signified approval of Dr. Chisholm's " Such regulations shall become effective asinterpretation. to all members of the Organization after due notice has been given of their adoption by the Dr. BOUDREAU (United States of America) said Assembly and after the approval of two-thirdsthat in the light of the explanation by the Chair- of the Member States has been received." man of Committee II, adoption of the amendment proposed by the Soviet delegate would mean that He added that the text as it stood in the reportafter the Assembly had acted and two-thirds of might give the impression of dictating to inde-the members of the World Health Organization pendent countries. had approved the regulations, the latter would be binding upon the third of the members that Dr. CHISHOLM (Canada) said that in the pre-had not accepted them. Was that the intention vious day's meeting of Committee II the portionof the Soviet delegate ? of sub-paragraph (h) under discussion had been maintained in the text by a vote of 17 to 4 against Dr. EVANG (Norway) suggested that Rule 21 an amendment proposed by the delegate of theof the Rules of Procedure was applicable : Ukraine.Dr. Chisholm suggested that as the " During the discussion of any matter a sentence was an integral part of sub-paragraph (h) delegate may move the adjournment of the the matter should be decided forthwith. debate. Any such motion shall have priority in the debate . . ." Dr. STAMPAR (Yugoslavia) supported the amend- ment proposed by the delegate of the Union of If the Chairman could find it possible to use Soviet Socialist Republics. that rule, a vote might first be taken on post- ponement until 15 July, and if the vote were not Dr. THOMEN (DominicanRepublic) movedcarried, the discussion could continue. postponement of discussion of the proposal till The CHAIRMAN thanked the delegate of Norway 15 July, for the same reason as had been givenfor having called attention to that rule. with regard to clause (vi). Dr. KROTKOV (UnionofSovietSocialist The CHAIRMAN ruled that as a motion had been Republics) supported the proposal by the delegate made and seconded, discussion would be confined to of Norway for postponement of the discussion. the amendment proposed by the delegate of theHe believed that the questions addressed to Union of Soviet Socialist Republics. him with respect to his proposal might have NINTH MEETING - 53 - 13 JULY 1946 arisen because he had not been clear enough inthe existing paragraph i in the report becoming presenting it, and also because the delegatesparagraph 2 and the other paragraphs being had not yet had sufficient time to consider there-numbered in sequence. various texts before them. Paragraphs 2 to 6 (originally paragraphs i to 5) [31 to 34) were approved without discussion. The CHAIRMAN thereupon put to the vote the proposal for postponement of the discussion of Paragraph 7(originally paragraph6)[35] that portion of sub-paragraph (h) under consi-read as follows : deration, and declared the proposal carried. " The Director-General shall appoint the staff of the Secretariat in accordance with the Dr. GINts (Paraguay) thought it advisable for staff regulations established by the Assembly. matters on the agenda to be considered on the The paramount consideration in the employ- days fixed for their discussion, and suggested ment of the staff shall be to assure that the that it would be helpful if the texts of proposed efficiency, integrity and internationally repre- amendments could be circulated twenty-four hours sentative character of the Secretariat shall beforehand, so that delegates would have time to be maintained at the highest level. Due regard study them. shall be paid also to the importance of recruiting the staff on as wide a geographical basis as The CHAIRMAN said that the suggestion by the possible." delegate of Paraguay would be noted by the Secretary, and assured the Conference that the Dr. BOUDREAU (United States of America) Secretariat was doing its utmost to circulate theproposed that the first sentence be amended to documents with the least delay and, as far asread : possible, in advance of consideration. " The Director-General shall appoint the staff of the Secretariat in accordance with the Dr. PARISOT(France)proceeded with the provisions of this Constitution and of staff reading of Section VI, and paragraphs (i) to (o) [23, x8 (h) to (In)] were approved without dis- regulations established by the Assembly." cussion. Dr. CHISHOLM (Canada) while supporting the Section VI was unanimously approved as aproposed amendment, suggested that the wording whole, with the exception of those paragraphsof the sentence might need revision in view of on which discussion had been postponed. the change in the title of the section and the fact that the Director-General would himself be one of the staff. Section VII (Executive Board) [VI]. This section was approved without discussion. Dr. MANI (India) suggested that consideration of the amendment proposed by the delegate of the United States of America should be postponed Section VIII (The Director-General and Secreta-until the question of regional offices and their riat) [VII]. staffs had been considered by the plenary session. During the discussion on the subject in Commit- Paragraph I read : tee V, there had been some argument on the ques- " The Director-General shall be appointed bytion of who actually would appoint the staff, and the Assembly on the nomination of the Boardif any amendment were made at the present time on such terms as the Assembly may determine."on the lines suggested by the delegate of the United States of America, it might result in Mr. CôTÉ (Canada) said he noticed that as adifficulties for the plenary session when the report result of the meeting of Committee II held on theof Committee V was considered. previous day it had been agreed that the title of the section should be :" The Director-General M. HAKIM (Lebanon) felt that postponement and Secretariat (including Technical and Admi-was unnecessary and urged that the matter be nistrative Staff)." settled immediately. lie suggested that from a drafting point of view it would be better to refer to the wording The CHAIRMAN invited an explanation by the of Article 97 of the Charter of the United Nations,delegate of India. and eliminate " Director-General " from the title which would then read, in effect, " The Secreta- Dr. MANI (India) said that there had been some riat ". feeling in Committee V against a proposed provi- He moved, furthermore, that the first paragraphsion that the regional staff should be appointed should read : by the Regional Director according tostaff regulations to be approved by the Regional " The Secretariat shall comprise a Director-Committee and the Director-General. Certain ' General and such technical and administrativemembers of Committee V had felt that such a staff as the Organization may require." provision would give a power to the Regional Committees which might have undesirable reper- Dr. THOMEN (Dominican Republic) supported cussions on the over-all powers of the central the proposal. Director-General as to the appointment of the The proposal was unanimously approved, itstaff.Those members of Committee V had felt being agreed that the wording suggested by thethat all staff, whether central or regional, should delegate of Canada should constitute paragraph 1,come within the field of action of the Director- 13 JULY 1946 - 54 - NINTH MEETING

General, and that Regional Committees should Dr. MEDVED (Ukraine) said that in making his not have unlimited or unhindered scopein proposal he had in fact borne in mind the Rules appointing that staff. of Procedure. His object was to provide a means Therefore, if the amendment now before thewhereby decisions would be taken by a majority meeting were approved, it would mean that theof those registered for the Assembly, Board, part of the Constitution relating to regionalcommittee or conference (as the case might be), offices and regional staff would have to be con-rather than by a majority of those actually sidered by the Director-General in making hispresent.For example, if the Executive Board staff regulations.In other words, if the regionalcomprised eighteen members, its decisions must section of the Constitution said that the regionalbe made by a majority of that number-i.e., staff could be appointed by Regional Committees, by at least ten members. Similarly, if the Assem- the Director-General would have to make hisbly comprised fifty members, twenty-six would staff regulations conform with that particularconstitute the required majority. He wished, part of the Constitution. however, to guard against the possibility that He therefore proposed that until the problemif,for example, only thirty of those members relating to regional staff had been settled finallywere present at a meeting, sixteen would then in the Conference, consideration of the amend-be able to dictate their will to the majority of the ment should be postponed. members. Dr. GUZMAN (Venezuela)felt that allstaff The CHAIRMAN asked the Rapporteur to read regulations should take into account the spiritthe text of the proposed amendment, as he had and the letter of the Constitution, and thereforeunderstood it. he supported the amendment proposed by the Dr.PARISOT(France)readthefollowing delegate of the United States of America. text : Dr. THOMEN (Dominican Republic) supported " Decisions of the Assembly, of the Board, the proposal of the delegate of India that consi- of committees and of conferences convened by deration of the matter should be postponed. the Organization shall be taken by majority of the required quorum of members registered The motion for postponement of paragraph 7 at these meetings." was carried by 25 votes to 18. Paragraphs 8 and 9 (originally 7 and 8)[36 The delegates of Mexico and Czechoslovakia and 37) were approved without discussion. supported the amendment of the delegate of the Ukrainian SSR. Section VIII was approved as a whole, with the exception of paragraph 7. Dr. STAMPAR (Yugoslavia) proposed postponer ment of the matter until 15 July. Sections IX (Committees), X (Conferences), XI Dr. MEDVED (Ukraine) felt that his amendment (Headquarters), XIII (Budget and Expenses)was still not understood.If the Assembly had [VIII, IX, X, XII]. fifty members, twenty-six would constitute a quorum, and the majority of the quorum need These sections were approved without dis-only be fourteen. He was opposed to those four- cussion. teen being able to make decisions that would rule the majority. Section XIV (Voting) [XIII]. The CHAIRMAN suggested that the delegate This section read : of the Ukraine, the Chairman of Committee II " Decisions of the Assembly, of the Board, ofand the interpretershouldtogetherdraft a committees and of conferences convened by thesatisfactory text. Organization shall be taken by majority vote The INTERPRETER said that Dr. Medved had of the members thereof who are present andalready, inhis previous remarks,offeredto voting, except where otherwise provided in thebring the text of his proposed amendment to the Constitution of the Organization." meeting on Monday, 15 July. Dr. MEDVED (Ukraine) observed that a meeting Dr. SANTAMARINA (Cuba) suggested thatit might begin with a full quorum, but memberswould be useful for delegates to have the proposed might leave during the proceedings and at theamendment of the delegate of the Ukrainian SSR end only a tenth of the members might be present.in writing before the commencement of the He suggested therefore that the section shouldmeeting of 15 July. provide for a vote to be taken not simply of the Mr. MACCORMACK (Observer from Eire) said members present at a meeting, but of those whothat he was confused as to the real meaning of were members of the committee or conference. the delegate of the Ukraine.If that delegate desired decisions to be taken by a majority vote The CHAIRMAN observed, in connexion with theof those registered at the Conference, it would be proposal by the delegate of the Ukrainian SSR,very difficult to bring such a rule into practice. that no decision could be taken by the Assembly, In the event of one of the members becoming the Board, committees or conferences unless aseriously ill, the proceedings might be held up quorum was present.In each case, the Rules of Procedure established by the Assembly would indefinitely. undoubtedly stipulate the number required to Dr. THOMEN (Dominican Republic) observed constitute a quorum. that without a quorum no decisions could be NINTH MEETING - 55 - 13 JULY 1946 made, and therefore, if some members should leave voting . . .Decisions on other questions . . . during the proceedings, as in the example cited by shall be made by a majority of the members the delegate of the Ukraine, there would be no present and voting." quorum. There was, however, the further possibility that The CHAIRMAN asked the Chairman of Commit- some of the delegates at the meeting would wishtee II to read the amendment proposed by the to reserve their votes.They should have thedelegate of the Ukraine, in order that a vote right of doing so. For that reason, he thought that might be taken. in every case only those present and voting should be taken into consideration ; and such a provision, Dr. CHISHOLM (Canada) read : together with the requirement of a quorum, " Decisions of the Assembly, of the Board, should be adequate. of committees and of conferences convened by the Organization shall be taken by a majority Dr. MEDVED read the text of his proposal : vote of the registered members thereof, except where otherwise provided in the Constitution " Decisions of the Assembly, of the Board, of of the Organization." committees and of conferences convened by the Organization shall be taken by a majority Dr. MEDVED (Ukraine) said he meant, not the vote of the members thereof, except wherepersonsregistered,but those composing the otherwise provided in the Constitution of theOrganization. Organization." The CHAIRMAN said he was somewhat puzzled He added that in the Russian text the wordas to procedure, in view of the earlier proposal by " thereof " literally meant " of that particularthe delegate of the Ukraine that the matter organization ", and he felt, therefore, that theshould be postponed till Monday.He inquired English word " thereof " would cover the point.what where the wishes of the Conference. He could not quite understand the observations by the delegate of the Dominican Republic and Dr. VAN DEN BERG (Netherlands) supported the other delegates with regard tothepossiblemotion for postponement. difficulty of obtaining a quorum.He himself The motion to postpone discussion of Section had never experienced such a contingency. XIV was then put to the vote and declared carried. Dr. SHOUSHA Pasha (Egypt) suggested that an explanation of the usual procedure followed bySection XV (Reports submitted by States) [XIV]. the specialized agencies of the United Nations would be helpful. Paragraphs r and 2 [61 and 62] were approved without discussion. Professor LAUGIER (Assistant Secretary-Gene- Paragraph 3 [63] read : ral in charge of the Department of Social Affairs) " Each member shall communicate promptly said he believed that the decisions of UNESCO to the Organization important laws, regulations, were taken by majority vote of the members officialreports, and statistics pertaining to present and voting, and he was informed that health." UNRRA required decisions of a majority of the members present only. Dr. KROTKOV (UnionofSovietSocialist On the other hand, he could quite understand Republics)prdiposedthatthe paragraph be the preoccupation of the delegate of the Ukraine. amended to read : If decisions were to be binding upon members, " Each member shall communicate promptly the latter would certainly ensure that those deci- to the Organization important laws, regula- sions were taken by a majority of the Organization, tions, official reports, and statistics pertaining and not by a minority. to health which have been published in the given country." Dr.CHISHOLM(Canada)thoughtthatthe intention of the delegate of the Ukraine would be The proposed amendment, supported by the met by the words, " . . . by amajority votedelegatesoftheNetherlands,the Ukrainian of the registered members thereof, except whereSSR and Yugoslavia, was put to the vote and otherwise provided in the Constitution of thedeclared carried. Organization ".The wording would cover those members who had registered at the particular Paragraph 4 [64] read : " Each member shall provide statistical and conference. epidemiological reports in a manner to be Mr. CôTt (Canada) said that he felt that the determined by the Organization." observer from Eire had been quite right in his Dr.KROTKOV (UnionofSovietSocialist remarks. The question under discussion had beenRepublics) proposed the deletion of paragraph 4 closely studied at San Francisco, and the resultsand the amendment of paragraph 5 to read : would be found in Article 18 of the Charter, " Each member shall transmit on request to which read, in part : the Board any information pertaining to health " Decisions of the General Assembly on which can be practically supplied, including important questions shall be made by a two- annual reports and statistical and epidemio- thirds majority of the members present and logical reports." 15 JULY 1946 - 56 - TENTH MEETING

He added that a drafting in those terms would Dr. PARISOT (France) moved the adoption of be much more acceptable to the Soviet delegationthe report as a whole, with the exception of and to others. those portions on which discussion had been postponed. The CHAIRMAN declaredthe motion duly supported. Dr. MEDVED (Ukraine), reverting to Section XV, paragraph 4 [64], said the sense of the Dr. MACKENZIE (United Kingdom) said thediscussion had been that the Executive Board proposal of the delegate of the Union of Sovietshould determine the form in which the reports Socialist Republics caused him some anxiety, asshould be prepared, whereas it was the Organiza- it entailed omitting the words, " in a manner totion that was mentioned in the text as it now be determined by the Organization." stood. That wording might mean the Secretariat, In all international statistical and epidemio-which he thought was not the meaning the logical work, it was very important that somedelegates had intended to give. authority should lay down the methods in which the reports should be compiled, and, for that Dr. CHISHOLM (Canada) said the interpretation reason, he urged the retention of those words. of the language of paragraph 4 would be that the power of determining the manner in which the The CHAIRMAN put to the vote the amendment reports should be provided was given to the proposed by the Soviet delegate, and declared itOrganization, and thus would be given primarily lost. to the Assembly. The Assembly could delegate Paragraph5 [65]wasapprovedwithoutany such powers to the Executive Board or to discussion. the Director-General, but it would be for the Assembly to determine who within the Organiza- Section XV as a whole, as amended in respecttion would actually perform the duties. of paragraph 3, was then submitted to the meet- ing, and unanimously approved. Dr. MEDVED (Ukraine) proposed that, in the interest of clarity, the word " Assembly " be The CHAIRMAN pointed out that the amendmentsubstituted for " Organization ". of Section VIII had rendered necessary an amend- The proposal was put to the vote and approved. ment of Section V, paragraph (c)[9 (c)].He proposed therefore, the elimination from that The report as a whole, as amended, was then paragraph of the words " the Director-Generalunanimously adopted, with the exceptionof and. . . " . those portions the consideration of which had been postponed. The amendment proposed by the Chairman was approved without discussion. The meeting rose at 1.25 p.m.

TENTH MEETING Held on Monday, 15 July 1946, at io a.m., Hunter College, The Bronx, New York City. Chairman: Dy Thomas PARRAN (United States of America).

1. Bastille Day. of international understanding, of which under- The CHAIRMAN made reference to the Four-standing in matters of health was but one aspect. teenth of July, Bastille Day, an important day in Dr. Parisot expressed again his heartfelt thanks the history not only of France but of the world,in the name of the French Government, which representingas it did a significant step in thewould be duly informed of the way in which age-old struggle of the common man for inde-Bastille Day had been marked by the Conference. pendence and democracy. 2. Consideration of the Report of Committee V : Dr. PARISOT (France) expressed his thanks to Regional Arrangements. the Chairman and also thanked the delegates for the hearty applause with which they had endorsed The CHAIRMAN invited Dr. Timmerman, Chair- the latter's remarks.It was due to the sacrificesman of Committee V, to present the Committee's of many of the nations represented at the Confer-report. ence, and to the efforts of the movement inside France itself, that that country had again its own Dr. TIMMERMAN (Netherlands) said the Com- Government-a Government true tothe oldmittee had electedDr. Thomen (Dominican tradition-proclaimed on a 14th of July-whichRepublic) Vice-Chairman and Major Mani (India) France had tried to give to all nations. Rapporteur. He assured the Conference that France, mindful In a general discussion on the position of of those traditions, was more than ever determinedexisting regional healthagencies,particularly to bring its utmost help and efforts to the pursuitthat of the Pan American Sanitary Bureau, in TENTH MEETING - 57 - 15 JULY 1946 relation to the World Health Organization, some Article A. - Sub-sections (a), (b), (c) and (d) members had favoured retention by the Bureau [44 to 46] were approved without discussion and of its autonomous status in full co-operation withthe article was unanimously approved as a whole. the Organization, and others had felt that the Article B: Regional Committees. - Sub-section Bureau should be integrated into the Organiza-(a) [47] was approved without discussion.Sub- tion. section (b) [48] read : The various points of view had been referred " Regional Committees should meet as often for study to a harmonizing sub-committee, which as they may consider necessary." had agreed that the Pan American Sanitary Bureau and all other existing regional health Dr. HAFEZI (Iran) proposed the replacement agencies should in due course be integrated intoof sub-section (b) by the following paragraph : the World Health Organization.That formula " The Regional Committee shall adopt its had been accepted by the Committee. own rules of procedure, including the method of electing its chairman.It shall meet as often With respect to new regional offices, the con- as necessary, and shall determine the place of clusions reached by the Committee and amend- each regular meeting." ments submitted on the subject had been referred to a drafting sub-committee headed by Major Dr. EvANG (Norway) said that the question of Mani.Provision had been made for that sub-the appointment of the Director of the Regional committee to meet in joint session with theOffice would come up later, and he did not think drafting sub-committee of Committee III (Legalit wise to discuss it at present.He had no Questions), to consider the special problem ofobjection to the rest of the proposed amendment. representation of non-self-governing territories. Dr. MANI (India) said that the Committee had The formula adopted by the joint sub-com-assumedthatrulesof procedure would be mittees for the participation of such territories inadopted by the Regional Committee, but if it regional agencies, and also the drafting sub-were considered desirable to make specific mention committee's redraft of Section XII (Regionalof the point, he had no objection.He did not Arrangements), had been approved by Com-think, however, that the election of the chairman mittee V with slight modifications, and were nowcould properly be introduced at the present point, submitted to the plenary session. as the appointment of the Regional Director was dealt with later in the report.

Dr. MANI (India) said that Committee V had Dr. HAFEZI (Iran) stated that he was willing had one of the most difficult tasks of the Confer-to modify his proposal in line with the comments ence, as the matters referred to it had includedof the Rapporteur. " Alternatives A and B " of Section XII of the The proposal, as modified, was supported by report of the Technical Preparatory Committee. 1the delegates of the Dominican Republic, Egypt However, as a result of the work of the harmoniz-and other countries, and adopted [48 and 49]. ing sub-committee, the Committee was now able to present an agreed formula on the question of The Conference proceeded to the consideration regional arrangements. of the first part of sub-section (c) [50] : " Regional Committees shall have the follow- The revised text of Section XII, as presented ing functions : by the drafting sub-committee, had been approved " (i)to formulate policies governing matters by the Committee without much opposition, of an exclusively regional character (con- except on two points which had given rise to a sistent with the general policy of the distinctdifferenceofopinion :whetherthe Assembly)." Regional Director and his staff should be ap- pointed by theDirector-Generalor by the Dr. MANI (India) drew attention to a footnote Regional Committees.The portion of the reportto the Committee's report which stated, with relating to the appointment of regional staff hadrespect to clause (c) (i), that the question of the been considered by some delegates to be in-inclusion of the words in parenthesis was left to consistent with the powers of the Director-General the decision of the Central Drafting Committee. as approved by Committee II.The two points at issue awaited the decision of the plenary session. Dr. KAUNTZE (United Kingdom) said that during the discussion in Committee V the United Kingdom representative had raised the question Section XII (Regional Arrangements) [XI]. whether clause (i) related to policies which were controlled by the policy of the Assembly, and The CHAIRMAN requested the Rapporteur ofhad suggested that the words now appearing Committee V to read the draft of Section XII.in brackets should be added to the original draft. On further consideration, the United Kingdom 1 See O. Rec. WHO, No. I, page 73. delegation felt that some of the functions given 15 JULY 1946 - 58 - TENTH MEETING to Regional Committees should also be controlled Cuban delegation was against the proposal of the by the decisions of the Assembly.He proposed, United Kingdom to add words to that effect to therefore, that instead of the words in brackets,the clause under discussion. sub-section (c) should be amended to read : Dr. THOMEN (Dominican Republic) congratu- " Subject to the general authority of thelated the delegate of Brazil on having made clear Assembly, Regional Committees should havethat the point at issue had already been accepted the following functions as being included in the Constitution.He felt that the United Kingdom delegate probably DI% BUSTAMANTE (Mexico) opposed the amend- realized by this time that it would not be necessary ment proposed by the delegate of the Unitedfor anything to be added to the clause, as it was Kingdom, both in its original form and in thealready sufficientlyclear.He would suggest, form now submitted, on the ground that it wouldtherefore, that the United Kingdom delegate not make for the full democratic functioning ofwithdraw his proposal. the Regional Committees. Dr. KAUNTZE (United Kingdom) said that there Mr. SANDIFER (United Statesof America)did seem, from the speeches that had been made, supported the United Kingdom delegate's proposalsome ddubt as to whether Article A (c) did in to insert at the beginning of sub-section (c) thefact cover the point which was the object of the words :" Subject to the general authority of theUnited Kingdom amendment.If his delegation Assembly ".He felt that such an amendmentcould have an assurance that the object of the was implicit in the general character of the Organ-amendment was implicit in the acceptance of ization.It had been agreed during the course ofArticle A (c), he would be happy to withdraw the discussion that the authority of the generalthe proposal.But, failing that assurance, he organization would be in general paramount,thought it would be better, in order to avoid any and that the regional organization would operatepossible doubt arising in the future as to the within its framework. interpretation to be placed upon the clause, that the words suggested should remain. Dr. SHOUSHA Pasha (Egypt) supported the delegate of Mexico in opposing the proposal of The CHAIRMAN enquired how the delegate of the delegate of the United Kingdom both in itsthe United Kingdom would propose that such original form and in the form now submitted. assurance should be given. Dr. KAUNTZE (United Kingdom) said his delega- Dr. MEDVED (Ukraine) thought that the ideation would accept the ruling of the Chair. of all delegates was that all regional and other organs should act in conformity with the general The CHAIRMAN felt that on the point under policy of the Organization.He therefore sup-discussion he could not speak for the Conference. ported the proposal of the delegate of the UnitedHe asked whether the delegate of the United Kingdom, which he considered quite logical andKingdom would agree to leaving the decision to consistent with the general policy. the Central Drafting Committee, as had been suggested by Committee V itself. Dr. GINts (Paraguay) supported the views expressed by the delegate of Mexico. Dr. KAUNTZE (United Kingdom) thought that the Legal Committee might be a more suitable Dr. DE PAULA SOUZA (Brazil) said that inbody to make a decision. approving Article A (c) [45] the Conference had already agreed that " each regional health organ- The CHAIRMAN said that as there appeared to ization should be an integral part of the Worldbe objection both to his own suggestion and to Health Organization in accordance with thisthat of the United Kingdom delegate, he would Constitution ".He therefore saw no necessitybe forced to call for a vote on the United Kingdom to reiterate the principle in respect of every amendment . paragraph. Dr. PAZ SOLDAN (Peru) proposed that the He did not agree with a system of federaldiscussion be closed and the matter put to a vote. organization, but favoured an integral, singleThe delegates should, however, bear in mind health organization.Ifdelegates were agreedthat the vote would be on the final text, so far as that there should be a single health organization,substance wasconcerned.Onlyco-operation and that regional offices would be part of it, theybetween the nations, without any sort of restric- should not imply that there was doubt on thetion, could achieve the objective for which all point. were striving ; and he asked the United Kingdom, He was sure that the Pan American Sanitarywhich had also sustained liberty in the world, Bureau, in becoming a regional office, would be anand the United States of America, and the Union integral part of the World Health Organization.of Soviet Socialist Republics to work together with all small nations and to co-operate for the Dr. SANTAMARINA (Cuba) accepted the argu-achievement in the very near future of those ment of the delegate of Brazil in relation toobjectives. Article A (c).Since the regional offices were to be an integral part of the Organization, it was Dr. SZE (China) felt that at the stage the matter implicit that they would then carry out thehad now reached it would not be necessary to general policy of the Organization ; therefore, thehave a vote on the amendment proposed by the TENTH MEETING - 59 - 15 JULY 1946

United Kingdom delegation.That delegationempowered to invite any organization, national had generously offered to withdraw its amend-or international, governmental or non-govern- ment if it were ruled in some way that the amend-mental, which has responsibilities related to those ment-that the functions of the Regional Com-of the Organization. . .". mittees were subject to the general authority of the Health Assembly-was covered under Article In Section VIII, sub-section 4 [33], would be A (c).The delegate of Brazil had, in the opinionfound the sentence : " He (the Director-General) of the Chinese delegation, clearly shown thatmay also establish direct relations with inter- Article A (c) did in fact cover the point. He wouldnationalorganizations whoseactivities come therefore move that if the Chairman félt that hewithin the scope of the Organization ".The could not make the ruling, the plenary sessionprinciple was exemplified also in Section IX, sub- should do so by a vote, which, he felt, should besection 3 [0], and Section X, sub-section unanimous.He appealed to the delegates to P111. accept that procedure rather than resort to a vote on the United Kingdom amendment. The CHAIRMAN declared the amendmentsup- ported. In response to a request by the Chair, Dr. Sze put his motion in precise terms, as follows : Dr. TIMMERMAN (Netherlands) said that Corn- " With regard to the question as to whethermitee V could readily accept the amendment. thefunctionsofRegional Committees are subject to the general authority of the Assembly, Dr. SZE (China) said his delegation would prefer the Conference rules that such is implicit ina wording that made reference to the regional Article A, section (c), which reads as follows :branches of the respective international organiza- ' Each regional health organization should betions ;otherwise, there might be a confused an integral part of the World Health Organ-position, where regional bodies of the World ization in accordance with this Constitution '."Health Organization would be co-operating with global international organizations. The CHAIRMAN asked whether the United The proposal of the delegate of Australia was Kingdom delegate supported the motion of theunanimously approved and referred to the Central delegate of China. Drafting Committee for re-drafting along the lines suggested by the delegate of China. Dr. KAUNTZE (United Kingdom) said that if assurance were given in that form, the United Clauses (v),(vi) and (vii) of sub-section (c) Kingdom delegation would withdraw its amend- [50,(e),(f) and (g)] were approved without ment. discussion. Article B as amended was unanimously ap- The CHAIRMAN then put to a vote the proposalproved as a whole. by the delegate of China, and declared it carried with almost complete unanimity. Article C : Regional Offices.- Sub-section (a) [5I] was approved without discussion. Clause (i) of sub-section (c) [50 (a)] was then approved, without further discussion,inthe Sub-sections (b) and (c) read : following form : " (b) The head of the Regional Office should " (c) Regional Committees should have the be the Regional Director, appointed by the following functions : Regional Committee subject to the approval of the Executive Board. " (i)to formulate policies governing matters " (c) The Regional Director should appoint of an exclusively regional character the staff of the Regional Office in accordance Clauses (ii) and (iii) of sub-section (c) [5o, (b) with the staff regurations to be approved by the and (c)] were approved without discussion. Regional Committee and the Director-General." Clause (iv) of sub-section (c) [50 (d)] read : Dr. DE PAULA SOUZA (Brazil) suggested post- ponement till the following day of discussion on " to co-operate with the respective regionalsub-sections (b) and (c), because, although he had committees of the United Nations and withno doubt that there was general agreement in those of other specialized agencies ; principle, he felt there might not be immediate agreement on the wording. Dr. WYNES (Australia) moved the addition to clause (iv) of the words, " and with other inter- Dr. THOMEN (Dominican Republic) said that if national organizations having related intereststhere was opposition to the drafting as it stood in the region ".The Australian delegation feltat present he was willing to support the motion that the present wording was rather too restricted,of the delegate of Brazil. and did not cover the likelihood of the existence ofother inter-governmentalorganizationsor Dr. GINts (Paravay) felt that the discussion agencies within a region. should be postponed and that it was unnecessary In illustration of the application of the sameat present to hear any points in opposition to principle, Dr. Wynes cited a number of passagesthe drafting as it stood. from the report of Committee II.Section VI, There being no objection, discussion of sub- sub-section 3 () [.r8 (h)], used the words, " besections (b) and (c) was postponed. 15 JULY 1946 - 6o - TENTH MEETING

Article D. - This article [54] read : There being no objection to the definition of " The Pan American Sanitary Organization," integrate " given by the delegate of Canada, the represented by the Pan American SanitaryChairman put Article D to the meeting, and declared it unanimously approved. Bureau and the Pan American Sanitary Confer- In thanking Committee V on behalf of the ence, and all other inter-governmental regionalConference, he observed that the Committee's health organizations in existence prior to thework was not yet completed. date of signature of this Constitution, should in due course be integrated with the World Health Organization. This integrationshould be effected as soon as practicable through common3. Resumption of Discussion on the Report of action based on mutual consent of the com- Committee II :Administration and Finance. petent authorities of the organizations con- cerned." Section VI (World Health Assembly) [V]. Dr. MANI (India), drew attention to a footnote The meeting proceeded to the consideration of to the Committee's report relating to the wordportions of the report of Committee II on which discussion had been postponed, dealing first with " of " after " authorities " in Article D and stat-Section VI (World Health Assembly), paragraph 3, ing : " An amendment by the delegation from the sub-paragraph h (vi).Clause (vi) read : United Kingdom replacingof ' by ' expressed through ' was referred for decision to the Central " The Assembly shall. . . Drafting Committee ". " (h) have the authority to adopt regulations Dr. CHISHOLM (Canada) emphasized the im- concerning : portance of the Article, involving as it did the . . . (vi)prevention by each member final relationship of the regional organizations of the importation into the territories with the World Health Organization.He felt under its jurisdiction of biologic, pharma- that that should be quite clear ; otherwise there ceutical and similar products which do would be difficulties extending far into the future. not conform to standards adopted by the The real point of the paragraph lay in the defini- Assembly." tion of the word " integrate ", and he thought Dr.KROTKOV (UnionofSovietSocialist that it should be clear in the record that theRepublics) suggested that the interests of custom- meaning of the word was the first dictionaryers were entirely covered by clauses(iv) and meaning of " making it whole " or " entirely(v) [21, (d) and (e)], which dealt with standards becoming part of a single organization " .1 with respect to the safety, , purity and potency Dr. BUSTAMANTE (Mexico) said that if an inter- of biologic, pharmaceutical and similar products, pretation according to the dictionary was involved, and with the advertising and labelling of them. the meaning of the word should be explained, as Clause(vi)put countries in very unequal many of the delegates did not know the precisepositions ;it seemed to protect the strongly meanings given in the English dictionary. organized and wealthy countries to the dis- advantage of the weaker and smaller ones.There The CHAIRMAN observed that the text of thewas now, for instance, a rather importantdevelop- paragraph had been very fully discussed by ament of antibiotic means, such as penicillin ;it harmonizingsub-committee,withblackboardwas obvious that small countries thathad not so illustrations and translations, over a period of days. well-developed a pharmaceutical industry could While the word under discussion was important,not maintain the same standards as bigger and a formal definition of a word in English and allwealthier countries. the other official languages would consume much For that reason, he suggested that for the time time at a plenary meeting.He believed that inbeing clause (vi) should be omitted. Committee V,in unanimously adopting the Dr. Krotkov added that he wished to withdraw language now appearing in the report, all delegateshis previous proposal with respect to the portion had had in mind very clearly its purpose. of sub-paragraph (h) [22] immediately following Actually, the result of the paragraph would clause (vi).He wished now to suggest that that depend upon the goodwill and co-operation oftext should remain as it stood in the report. Governments rather than upon formal definitions. In response to the comments of the delegate of Dr. BOUDREAU (United States of America) Canada, the Chairman added that it was assumedsupported the proposal of the Soviet delegate that that there would be a provision in the Constitutionclause (vi) should be deleted.The provision was under which differences in interpretation woulda new one which had not appeared inthe original draft.It had, furthermore, been based upon an be referred to the World Court, although heamendment proposed by the United States doubted very much whether recourse would ever delegation which would have caused each Govern- have to be made to that provision. ment signing the Constitution to undertake an obligation, the effect of which was manifest in The delegation of Canada took the position that, in the absence of a clear understanding on this clause (vi).As the amendment, as now reflected point, it could not sign the Constitution. in that clause, no longer followed the form in TENTH MEETING - 61 - 15 JULY 1946 which it had been presented by the United Statesa *vote of the majority of the whole membership delegation, he was happy to support the proposalof those bodies, irrespective of those who were of the Soviet delegate. present at any particular meeting.

Dr. BUSTOS (Chile) was grateful to the delegate Mr.EVSTAFIEV (Byelorussia)supported the of the United States of America for his support amendment. of the motion to delete the clause.The Chilean delegation had at committee and plenary meetings advanced the same arguments. Dr. RAMIREZ PANE (Paraguay) thought that while the text as it stood in the report had impor- tant practical advantages, the decisions taken on Dr. GINES (Paraguay) and Dr. SANTAMARINA its basis might lack sufficient strength through (Cuba) also supported the motion to delete thehaving been taken by a minority of the members. clause. The delegate of the Ukrainian SSR had tried The motion was put to the meeting and carriedto find a remedy for that defect, but his motion unanimously. lacked the speed and elasticity of the text as it stood. The CHAIRMAN asked the Rapporteur of Com- mittee II to read the portion of sub-paragraph Dr. Ramirez Pane suggested, as a solution, that (h) [22] immediately following clause (vi). the most important decisions should be taken by a two-thirds majority of the members present, Dr. PARISOT (France) read the text, as follows :and other decisions by simple majority.The determination of which matters came within the " Such regulations shall become effective as" most important " category, and which within to all members of the Organization after duethe other, would in some cases be a matter of notice has been given of their adoption by thecommon sense, but would often bedifficult. Assembly, except for such members as mayHowever, if a drafting committee could present notify the Director-General of rejection oran amendment along the lines of his suggestion, reservations within the period stated in theit would combine the advantages of the sub- notice." paragraph as it stood, and of the proposal by the delegate of the Ukrainian SSR. This portion of sub-paragraph (h) was approved unanimously. The CHAIRMAN suggested that specific provision was already contemplated in various sections of the Constitution with relation to matters of special Section VIII (The Secretariat) [VII]. importance. The CHAIRMAN observed that in accordance with Dr. Mani's proposal at the ninth plenary meeting Dr. MEDVED (Ukraine) said his suggestion had consideration of paragraph 7 (originally para-not really concerned the question of a two-thirds graph 6)[35] would be postponedtillaftermajority, as that was already provided for in the adoption of the report of Committee V. Constitution ; he had simply wanted to provide a method of ensuring that decisions on all ques- tions would be taken by a real majority.How- ever, he was prepared to agree to the suggestion, Section XIV (Voting) [XIII]. made by the Chairman of Committee II at the Dr. PARISOT (France) read this section : ninth plenary meeting, that the majority should consist of " members registered " in the given " Decisions of the Assembly, of the Board,committee. of committees and of conferences convened by the Organization shall be taken by majority The CHAIRMAN said that the Chairman of vote of the members thereof who are presentCommittee II wished to make clear that he had and voting, except where otherwise providednot proposed a modification but had been trying in the Constitution of the Organization." to seek an interpretation of the proposal of the The textof the amendment submitted indelegate of the Ukrainian SSR. writing, in English and French, by Dr. MEDVED Dr. EVANG (Norway) supported the point of (Ukraine), was then read : view advanced by the delegate of Paraguay. " Decisions of the Assembly, of the Board,The Chairman had indicated that the Constitution and of the committees of the World Healthalready provided for a special form of voting on Organization shall be taken by the majorityimportant decisions.However, the final form of the votes of the members composing theseof the whole Constitution was not known as yet, organizations, except where otherwise provided and Dr. Evang suggested further study of the for in the Constitution of the Organization."point under discussion before the taking of a vote.

Dr. CHISHOLM (Canada) felt that the meeting Dr. WYNES (Australia) thought it was relevant should be quite clear on the sense of the amend-to point out that the omission of the words ment, which would make decisions of the As- present and voting " would have the effect of sembly, the Board and committees dependent on making abstention from voting the equivalent of 15 JULY 1946 - 62 - TENTH MEETING a negative vote.In such a case, a majority cif, The CHAIRMAN said he had been informed by say, ioo members would mean 51 votes.Ifthe delegate of Paraguay that the latter had not 25 members were absent, and, of the remainingmade a formal motion.There was now before 75, 50 were to vote in favour of a motion and only the meeting a formal motion for postponement 25 against, the motion would not be carriedby the delegate of Norway. because in effect, the 25 who had abstained from voting would be added to the 25 voting against. Dr. RAMIREZ PANE (Paraguay) suggested that Thus the abstentions would be equivalent tothe improvement proposed by the Paraguayan negative votes. delegation might be effected by a committee appointed in the future by the Executive Board. Mr. EVSTAFIEV (Byelorussia) considered that a The draft might be approved by the Conference vote should reflect the opinion of a real majority,in its present form, and the new form be con- and he did not see why Committee II had felt itsidered within a year or so.If that proposal necessary for decisions to be taken by a majoritywas not acceptable, he would revert to the vote of the members present.If, at a meetingproposal that the matter be postponed till next of a steering committee consisting of eighteenday. members, only the quorum of twelve members were present, decisions would be taken by a The CHAIRMAN found it difficult to entertain majority of seven members, who would,inmotions contingent upon future action of the reality, be a minority of the entire membership Assembly.He declaredthemotionofthe ofthe committee.Hence he supportedthedelegate of Norway supported. amendment proposed by the Ukrainian delega- tion. DT. SANTAMARINA (Cuba) reiterated that the delegates, not being legal experts, should follow Dr. SANTAMARINA (Cuba) thought that as thethe voting procedure laid down in the Charter delegates were for the most part public healthof the United Nations. experts and not legal experts, the fundamental point under discussion was outside their scope. Dr. TREFI (Syria) supported the proposal to He believed that the principles adopted shouldfollow the procedure laid down in the Charter- of be those that were adopted at San Francisco andthe United Nations. embodied in the Charter of the United Nations. The CHAIRMAN having put to the meeting the The CHAIRMAN observed that the words usedmotion to postpone, the result was a tie vote, in the Charter of the United Nations (Article 18)and he declared that the motion was not carried. with respect to decisions on important questions were " a two-thirds majority of the members Dr. MEDVED (Ukraine) supported the proposal present and voting ".Decisions on other ques-by the delegate of Venezuela. tions (same article) " shall be made by a majority In response to an enquiry by the CHAIRMAN, of the members present and voting ". the delegate of the Ukrainian SSR withdrew his written motion, and the delegate of the Dr. Gun/IAN (Venezuela) said the fact that theByelorussian SSR withdrew his support. delegate of the Ukrainian SSR had accepted the phrase " registered members " might help Dr.CerrA(Canada) moved the deletionof towards a compromise.As thedelegateof Section XIV as it stood in the text, and its Canada had not proposed that term as an amend-replacement by wording to the following effect : ment, he himself was ready to do so. " Decisions of the Assembly on important questionsshall be made by a two-thirds The CHAIRMAN ruled that the written motion majority of the members present and voting. of the delegate of the Ukrainian SSR which had These questions shall include. . " been seconded, was the motion before the meeting. There would follow an enumeration of the points Dr. VAN DEN BERG (Netherlands) said he under- already covered in the Constitution as now stood that the delegate of Norway had moveddrafted. that the matter be referred to the Drafting Committee. Another clause would read : " Decisions on other questions, including the The CHAIRMAN said his understanding was that determination of additional categories to be the delegate of Norway had not offered a final decided by a two-thirds majority, shall be motion to postpone or refer-and, if he had done made by a majority of the members present so, the motion had not been supported. and voting."

Dr. EVANG (Norway) said he had understood Dr. Côté added that the wording was that of that the delegate of Paraguay had moved post-the Charter of the United Nations (Article 18). ponement of the question for further study, and his own intention had been to support that motion. Dr. GUZMAN (Venezuela)presentedinthe If the delegate of Paraguay had not made thefollowing form his proposal made with a view to motion, he himself would now do so. harmonizing the conflicting views : ELEVENTH MEETING - 63 - 16 JULY 1946

" The decisions of the Assembly, of the Board,a two-thirds majority. A second clause would of committees and of conferences convened byread : the Organization shall be taken by a majority vote of the members registered for the cor- " Decisions on other questions, including the responding section,except where otherwise determination of additional categories of ques- provided in the Constitution of the Organ- tions to be decided by a two-thirds majority, ization." shall be made by a majority of the members present and voting." The proposal was put to a vote and declared lost. The CHAIRMAN said he would like to make clear that the text of the amendment proposed by the Dr. CÔTÉ (Canada) suggested that the text of delegateofCanada followedessentiallythe his motion, subject to revision by the Centrallanguage of Article 18 of the Charter of the United Drafting Committee, should be : Nations. " Decisions of the Assembly, of the Board, He then put the amendment to a vote and of committees and of conferences convened bydeclared it adopted almost unanimously [6o]. the Organization on important questions shall be made by a two-thirds majority of the Consideration of the report of Committee II members present and voting.These questionswas thus completed, except for paragraph 7 shall include . . " (originally paragraph 6)[35] of Section VIII (The Secretariat) [V//]. There would follow a list of the questions at present standing in the Constitution that required The meeting rose at 1.20 p.m.

ELEVENTH MEETING Held on Tuesday, 16 July 1946, at _To a.m., Hunter College, The Bronx, New York City. Chairman:Dr. Thomas PARRAN (United States of America).

It was agreed, on the suggestion of the CHAIR-of the Conference should be in agreement on the MAN, to convey the greetings and best wishes ofprovisions contained in sub-sections (b) and (c), the Conference to Mr. Trygve Lie, Secretary-and for that reason he moved that the text of General of the United Nations, to-day being histhose sub-sections be replaced by the following fiftieth birthday. text : " (b) The headoftheRegionalOffice 1. Resumption of Discussion on the Report of should be the Regional Director, appointed by Committee V :Regional Arrangements. the Executive Board in agreement with the The CHAIRMAN recalled thatatthe tenth Regional Committee. plenary meeting discussion on sub-sections (b) " (c) The staff of the Regional Office should and (c)of Article C,Section XII (Regional be appointed in a manner to be determined Arrangements) had been postponed. by agreement between the Director-General and the Regional Director." These sub-sections read : " (b) The head of the Regional Office should Dr. BUSTAMANTE (Mexico) said that the amend- be the Regional Director, appointed by thement of sub-section (b) proposed by the delegate Regional Committee subject to the approvalof the United States of America was in essence of the Executive Board. what the Mexican delegation had been insisting upon, and the new wording suggested for sub- " (c) The Regional Director should appoint section (c) was likewise satisfactory. The Mexican the staff of the Regional Office in accordancedelegation therefore seconded the motion. with the staff regulations to be approved by the Regional Committee and the Director- Dr. VALLARINO (Panama)supportedthe General." proposal by the United States delegation on the ground that it was just, and tended towards co- Mr. SANDIFER (United States of America) saidoperation and co-ordination in the best sense of that, if the World Health Organization were to be those words. capable of dealing with health problems through- out the world, it must be an organization which Dr. URIBE AGUIRRE (Colombia) also supported all the delegations could support. The attainmentthe proposal, for the reasons advanced by the of that objective would require mutual conces- delegate of Mexico. sions, made in a spirit of collaboration. The United States delegation felt it especially Mr. KAUNTZE (United Kingdom) said that the United Kingdom delegation was actuated by the important that all, or practically all, the membersprinciple of supporting a single World Health 1 Dr. F. G. Krotkov (Union of Soviet Socialist Organization.Its view on regional arrangements Republics),Vice-President,was Chairmanfor had been governed by the necessity of welding the latter part of the meeting. health organizations throughout the world into 16 JULY 1946 - 64 - ELEVENTH MEETING a single whole. He considered that the amend-join the World Health Organization by special ments proposed by the United States delegationagreement, but through the common act of the met very well the United Kingdom delegation's Bureau. On that basis they would all agree wishes in that respect, and also provided theeven to merging with the World Health Organiza- contact with the Regional Committees whichtion, even though that should reduce the efficiency would enable them to take their share in theand scope of the Bureau. selection of the regional officers. The Conference had a great responsibility, Dr. KROTKOV (UnionofSovietSocialist both from the point of view of the vast amount Republics) considered the motion of the Unitedof work done in the past by the Pan American States delegation the best of all the proposals that Sanitary Bureau, and from the point of view of had been presented. The formula could be fullythe enormous future possibilities to be envisaged and certainly accepted by the Soviet delegation.through the co-operation of all the peoples of the It did not in any way oppose the democratic world. principles of the structure of the Organization, The Paraguayan delegation was responsible for and would eliminate the danger of the Organiza-notifying the authorities of its country of any tion's becoming a gathering of members who,contemplated decisions, and must make clear while respectingthemselves, would have nothat the spirit underlying the Pan American common discipline. He therefore fully supported Sanitary Bureau would continue. the proposal. Although, basically, the Latin-American delega- Dr. BUSTOS (Chile) added the support of histions, like other delegations, wished to see a delegation, which considered the proposal veryfraternal co-operation of all nations in the health just, and one that would make for the bestfield, he proposed that the Pan American Bureau co-operation and co-ordination. should remain in their hands. It was intertwined in the happiness of a whole , and some Dr. DE PAULA SOUZA (Brazil) felt that thechange in the situation would profoundly affect motion made on the previous day to postponethe health of all the pan-American countries. discussion on sub-sections (b) and (c) had provedAn arbitrary termination of the Bureau would its value in saving time.There seemed to belead to all kinds of difficulti6 ; and he was sure general agreement with the amendments proposedthat other regional offices that might be in exist- by the United States delegation and he movedence would also hold the principle that an organiza- that they be accepted and the debate closed. tion could not be brushed aside without due regard to the basis on which it had been created Dr. GINts (Paraguay) requested the delegateunder international agreements. of Brazil to withdraw the motion for closure, as he wished to state his views. The Paraguayan delegation maintained that the Director of a Regional Office should be appointed Dr. DE PAULA SOUZA (Brazil) said that hisby the Regional Committee, and supported the intention in proposing closure of the debate hadproposal in the text as it stood, on the ground been the sound one of avoiding the expressionthat it would assure the autonomy necessary to by differentdelegates of virtually the sametheregionalofficesforsound andefficient opinions.However, he did not wish the motion functioning. to have the effect of preventing anyone from bringing in new ideas. Dr. THOMEN (DominicanRepublic)agreed with the United States delegation's proposal for Dr. GINts (Paraguay) regretted that he hadsub-section (b).The proposal for sub-section to oppose the proposal of the United States(c), however, might lead to difficulties if there delegation.The Latin-American delegates hadshould not be agreement between the Director- unanimously expressed their agreement on theGeneral and the Regional Director. He suggested, necessity of creating a World Health Organization. therefore, the insertion of a provision that, if the They had, on the other hand, repeatedly pointedDirector-General and the Regional Director could out that there existed in the Americas a healthnot come to agreement as to the appointment of office that had been doing excellent work forsubordinatepersonnel,theExecutive Board a very long period, and which had even greatlyshould have the last word in the matter.Spe- contributed tothe growth of pan-Americancifically, he proposed the addition to sub-section consciousness and solidarity. (c) of the words : It must be borne in mind that that health " In a case where this agreement between office (the Pan American Sanitary Bureau) had the Director-General and the Regional Director come into being through legal action, through cannot be established, the Executive Board international agreements among the American will resolve the issue." nations, and it was specified in its rules that any agreement arrived at by nations signatory to the Dr. VASQUEZ (Ecuador) supported the proposal Pan American Health Agreement must be con-of the delegate of the Dominican Republic. cluded throughthe Pan American Sanitary Bureau. In reply to a question by the Chairman, Mr. The Paraguayan delegation,therefore,hadSANDIFER (United States of America) said that originally proposed that the nations representedhe had no objection to the amendment proposed in the Pan American Sanitary Bureau should by the delegate of the Dominican Republic. ELEVENTH MEETING - 65 - 16 JULY 1946

Dr. SANTAMARINA (Cuba) supported the Unitedthe text proposed by that delegation for sub- States proposal and expressed the hope that thesection (c).He himself advocated effective and democratic spirit underlying it would prevail instrong regional offices, and he wondered whether the future and lead to the establishment of athe text, in its present form, was clear enough for between the regional authorities on thethat purpose.He felt it desirable to have on one hand, and the central organization on therecord an interpretation of the text, which he other.He hoped that, in the future, the Regio- would endeavour now to give. nal Committee would not be favoured to the disadvantage of the central organization, and, by The international public health service provided the same token, that special favour would notby the World Health Organization must be be given to the Executive Board and the Director-honoured and of high degree, the highest service General. of its type, and one that would draw to it the best administrators, hygienists and scientists from The Cuban delegation felt, however, that theall over the world. appointment of the subordinate personnel of a regional office should be' made by agreement Therefore, the expert staff-he was speaking between the Director-General and the Regionalonly of the expert staff-must be built up in Director, without any provision to the effect thatsuch a way as to utilize the experts who were available. For both the central and regional the last word might be with the Executiveoffices, there must be no discrimination of colour, Board.If such a provision were added, it wascountry or religion.The only things to count possible that a principle underlying the Unitedshould be the qualifications of the man-his States proposal would be forfeited if, at some'gifts, education, character, personality ;in fine, timeinthefuture,a Director-General-nothis potentiality to fulfil an important function maliciously, but simply in an endeavour to extendin the central office or one of the regional offices his powers somewhat-should decide to opposeof the Organization. the Regional Director, because then the Executive He felt sure that such an Board would automatically have the last wordinterpretation was in accordance with the spirit in the matter.The Cuban delegation did notof a single World Health Organization. like that possibility, and therefore could not accept the motion of the delegate of the Dominican Dr. SHOUSHA Pasha (Egypt) opposed the pro- Republic. posal of the delegate of the United States of America and supported acceptance of the text The CHAIRMAN asked those who had supportedas it stood in the report. He felt that the latter the amendment proposed by the delegate of thetext would not impair in any way the solidarity United States of America whether they concurredof the Organization-the collaboration of the in the proposal of the delegate of the Dominicanregional offices with the central office. Republic. The Egyptian delegation feltalso that the The delegates of Mexico, Panama and ColombiaRegional Committee was the adequate and ap- did not concur ; the delegate of the United King-propriate authority to nominate, in agreement dom said that he had no objection. with the Executive Board, the Regional Director. Dr. THOMEN (Dominican Republic) withdrew his motion, as it was not supported by the dele- Dr. ZWANCK (Argentina) supported the proposal gates who had supported the original motion byof the United States delegation.It must be the delegate of the United States of America.clear that the regional offices should play a harmonious role with the central organization At this point the CHAIRMAN stated that becausewithin the World Health Organization. of a commitment made some months previously Furthermore, the Argentine delegation heartily it would be necessary for him to turn the Chairapproved the principle that the best experts over to one of the Vice-Presidents.He invitedshould be chosen for the staff, on the basis Dr. Krotkov to take the Chair. previously outlined. The CHAIRMAN (Dr.Krotkov) thanked the He felt that a definite decision should now be delegates for the applause with which they hadtaken. endorsed his taking of the Chair.As he wished Replying to a question by the Chairman, Dr. to take part in the discussion, however, he asked Zwanck said he was formally moving the closure Dr. Shen to assume the chairmanship. of the debate.He added that he was doing so not in order to restrict freedom of speech, but Dr. SHEN (China) said that he also wished to because he was under the impression that the take part in the debate. discussion had been exhausted and no new view- point could be expected to be put forward. The CHAIRMAN (Dr. Krotkov) said he would therefore continue to preside. The CHAIRMAN declared the motion for closure seconded and, there being no objection, declared Dr. EVANG (Norway) felt that the text proposedit carried. for sub-section (b) by the delegate of the United States of America was perhaps the best compro- He then put to a vote the amendment of sub- mise text that could be found in the circumstances.sections (b) and (c) [52 and 53] proposed by the He was, however, much more reluctant to acceptdelegate of the United States of America. 16 JULY 1946 - 66 - ELEVENTH MEETING

The amendment was adopted by 41 votes to 7.sented in the texts now submitted were compro- mises in the true sense of the word. The CHAIRMAN then put to a vote Article C In submitting the report of Committee III, [51, 52 and 53] as a whole, as amended. Dr. Evang thanked the members of the Committee and of the Drafting Sub-Committee and other sub-committees for their help and understanding. Article C, as amended, was adopted without a dissentient voice. Dr. LECLAINCHE (France) proceeded to read the report paragraph by paragraph. The CHAIRMAN expressed the appreciation of the Conference to the Chairman, Rapporteur and members of Committee V for their work. Article IV :Membership and Associate Member- ship [III]. Sub-sections i to 3 [3, eland 5] were approved 2. Consideration of the Report of Committeewithout discussion. III :Legal Questions. Sub-section 4 read : The CHAIRMAN called upon Dr. Evang, Chair- " Subject to the conditions of the agreement man, and Dr. Leclainche, Rapporteur, of Com- between the United Nations and this Organiza- mittee III. tion, aPproved pursuant to Article XVII of this Constitution, States which do not become members in accordance with paragraphs 2 and Dr. EVANG (Norway) said that Dr. Evstafiev 3 of this Article may apply to become members (Byelorussia) had been elected Vice-Chairman of of the Organization and shall be admitted as the Committee, and Dr. Leclainche (France), members when their application has been ap- Rapporteur.At the request of Dr. Cavaillon proved by a two-thirds vote of the World (France), who had originally served as Chairman Health Assembly." of the Drafting Sub-Committee, Dr. Leclainche had taken over that office also. Dr. BUSTOS (Chile) considered that sub-section After mentioningthe membership 1of the4, in providing that States not embraced by Drafting Sub-Committee, Dr. Evang stated that asub-sections 2 and 3 should be admitted to special sub-committee, reinforced by Dr. Togbamembership only by a two-thirds vote of the (Liberia) and Dr. Goudsmit (Netherlands) hadWorld Health Assembly, was not in accordance studied the question of associate membership,with the principles expressed in the preceding which had also been studied at joint meetings ofthree sub-sections.It contradicted sub-section 1, the Drafting Sub-Committees of Committees IIIwhich made available membership of the Orga- and V. nization to all the nations of the world, by con- stituting an obstacle to the admittance of some The terms of reference of Committee III hadnations.Of those, the first that came to mind embraced the following sections of the Constitu-was Spain. tion :IV (Membership and Associate Member- Furthermore,thesub-sectionwas notin ship), XVI (Legal Status, Privileges and Im-accord with the spirit of the other provisions of munities), XVIII (Amendments), XIX (Entrythe Constitution which had already been ap- into Force) and XX (Interpretation). Otherproved, and it was also contrary to the spirit of matters had included a draft protocol concerningthe Preamble, which set forth the objectives of the Otfice International d'Hy giMe Publique, which the Technical Preparatory Committee. The was now submitted for approval by the Conference.Chilean delegation believed that the study of the manner in which States not members of the The question of the taking over by the WorldUnited Nations were to be admitted to member- Health Organization or its Interim Commissionship of the World Health Organization should be of certain duties and functions of UNRRA hadin harmony with the spirit of those objectives. been dealt with and referred to the Central Drafting Committee. The question of the applica- Although it might be said that the Preamble tion of conventions, regulations and recommenda-had no legal standing, it did contain the basis tions in non-self-governing territories had beenof the principles of the Constitution and of its studied and referred to Committee II. interpretation. The Preamble set forth the right to health as the fundamental right of man, and the positive application of that principle was an Several of the questions before Committee IIIeffective instrument for the establishment and had proved difficult and delicate ones, particularly retention of the fundamental liberties, and would questions of membership, associate membership, achieve security and prosperity for individuals entry into the Organization, and interpretation ;and for nations. and there had been wide divergences of opinion on a number of those points.However, great The Preamble statedalso thatall peoples understanding and co-operation had been shownshould participate to the fullest possible extent by 'all parties and the common solutions repre-in the benefits of medical, psychological and related knowledge, and that unequal develop- 1 See page 14. ment in different countries in the promotion of ELEVENTH MEETING - 67 - X6 JULY 1946 health and control of disease, especially com- of discussion had developed. The same arguments municable disease, was a common danger. could be used now as had been used in the first plenary meeting for the approval of the Constitu- The adoption of the Constitution would signifytion, and in Committee III-where the discussion that, in the future, health would be no longer ahad, indeed, been limited on account of a point matter of private interest to the individual andof order which had precluded the hearing of to the State, but a matter of social interest andstatements on behalf of countries whose repre- world-wide implications. sentatives had come from distant points to have The Conference was required to make a totaltheir voices heard and not blocked. revision of all health systems and methods em- He had mentioned those two meetings with the ployed up to the present, and could only do sosole purpose of showing how great was the division by the concentrated efforts of all the nationsbetween the criteria employed, and to indicate of the world. No nation could consider itself notthat as physicians and public health officials the affected by that reconstruction, and no nationmembers of the Conference must begin by clearing could be kept from participating in it. up all the rough spots. They must drop any idea If the Conference approved restrictive disposi-not pertaining to public health and must confine tions it would commit two fundamental errors ; athemselves to public health laws, prophylaxis, grave error in the field of epidemiology and anepidemiology, nutrition and all other fields of error within the concept of equal rights for allmedicine with no other motive than that general, men. universal application of the purposes and objec- The epidemiological significance of the absencetives of the Organization which was expressed in of some nations and regions from the harmoniousthe Preamble. whole the Conference was attempting to create Neither disease nor health took account of was an evident one. That was why the Chileannational boundaries. If, from a political point of delegation, instructed by its Government, notedview, sanctions might be accepted as a measure the absence of Spain and other nations from theof political order, from the public health point of World Health Organization, and wished to propose view it would be suicidal to use sanctions in and request that the rights and privileges of thesuch a way. The idea of suicide was recognized Organization should extend to all countries ofin the Constitution itself, in the statement that the world. unequal development in different countries in the ofdisease, The Chilean delegationdesiredaccordinglypromotion and control especially to propose an amendment to sub-section 4, to communicable disease, was a common danger. the effect that non-member States not covered Why then should the Conference persist in by the provisions of sub-sections 2 and 3 shouldexcluding any State from the new organization ?- be admitted to the World Health Organizationfor it must be understood that the fact of requir- by a simple majority vote instead of by a two-ing a two-thirds vote would constitute an exclu- thirds vote. sion. Even the fact of requiring a simple majority might have that result.If there were no adverse reasons of a public health nature, but if on the Dr. GINES (Paraguay) urged the members ofcontrary it would be an advantage to include all the Conference to bear in mind tbe generalStates in the Organization, the Conference had principlesexpressedinthePreamble, which stated that the enjoyment of the highest attain-the duty of opening the doors to all States and able standard of health was one of the fundamentalpeoples of the world, whatever their degree of liberty or oppression.It would not be in keeping rights of every human being without distinctionwith the objective of the Organization for political of race,religion,politicalbelief, economic orcriteria to be in evidence in the Constitution. social condition ;the health of all peoples wasFurthermore, many changes were brought about fundamental to the attainment of world security ;by the passing of time, and it would be unjust unequal development in different countries in theto leave in the Constitution something that might promotion of health and controlofdisease, be an obstacle to its ratification by some countries. especially communicable disease, was a commonThe policy of the Organization should be inspired danger. by that of the Red Cross, which had brought With those magnificent statements the definiterelief and help to millions without enquiring the writing of the Constitution had been begun.reason for the war or for their misery. However, an intention of exclusion had been seen It was for those reasons that the Government when it was proposed that the name of theof Paraguay desired its delegation to state the Organization should be changed to another namebelief that it was not right, in the agreements and of more limited meaning ; and the title " Worldconclusions of the Conference, to exclude any Health Organization " had not been accepted withcountries. Hence the Paraguayan delegation could the unanimity so necessary at the beginning tonot accept sub-section 4, and proposed that all express the universal application of the thoughtsStates of the world should be considered mem- of the Conference. bers, solely on their signature of the Constitution. Now, in regard to the question of choosing the members of the Organization, the same kind The meeting rose at 1.15 p.m. 17 IULY 1946 - 68 - TWELFTH MEETING

TWELFTH MEETING

Held on Wednesday, 17 July 1946, at lo a.m., Hunter College, The Bronx, New York City.

Chairman :Dr. Thomas PARRAN (United States of America).

1. Proposal on the Duration of Speeches. " The Director-General shall appoint the staff of the Secretariat in accordance with the pro- Dr. THOMEN (Dominican Republic) said that visions of this Constitution and of staff regula- as many delegates had pressing duties in their, tions established by the Assembly." countries and there were several matters still to be considered by the Conference, and as delegates The matter had been postponed on the sug- had had the opportunity in previous plenarygestion of the delegate of India.In the light of sessions and in committee meetings of expressingdecisions taken on the report of Committee V, their views at length, he wished to move that thethe delegation of the United States considered the time of every speaker be limited to four minutes.change no longer necessary, and withdrew its He would, moreover, ask his fellow-delegates to proposal.He therefore moved the adoption of use even less than four minutes if they could.paragraph 7 (originally paragraph 6) of the report In that way, the Conference would be able toof Committee II. reach its goal, the signing of the Final Acts and the Constitution, on Saturday, 20 July. The CHAIRMAN declared the motion supported, and put it to a vote. The CHAIRMAN declared the motion supported. The text of paragraph 7 (originally paragraph 6) of Section VIII in the reliort of Committee II Dr. BUSTOS (Chile) did not agree with thewas adopted without dissent. motion, on the ground that it did not take suffi- ciently into account the complicated and delicate nature of the matters still to be discussed.He Dr. CHISHOLM (Canada), Rapporteur of Com- favoured saving time as far as possible, but notmittee II, then moved the adoption as a whole of formally limiting speeches. the Committee's report as ainended. The report was unanimously approved. The CHAIRMAN put to a vote the motion of the delegate of the Dominican Republic. The CHAIRMAN expressed the appreciation of the Conference to the Chairman, the Rapporteur The motion was carried, there being four votesand other members of the Committee for having in opposition. produced so satisfactory a report.

2. Resumption of Discussion on the Report of3. Resumption of Discussion on the Report of Committee II :Administration and Finance. Committee III :Legal Questions. The CHAIRMAN recalled that final approval of Discussion was resumed on sub-section 4 of the report of Committee II had been postponedArticle IV (Membership and Associate Member- because of the possible conflict of one provisionship) in the report of Committee III. with the decision to be taken with regard to Regional Arrangements. He referred to para- Dr. EVANG (Norway) read the text of the graph 7 (originally paragraph 6) of Section VIIIamendment proposed at the eleventh plenary [35].The paragraph read : meeting by the delegate of Chile : " The Director-General shall appoint the staff " Subject to the conditions of the agreement of the Secretariat in accordance with staff between the United Nations and the Organiza- regulations established by the Assembly.The tion, approved pursuant to Article XVII of paramount consideration in the employment of this Constitution, States which do not become the staff shall be to assure that the efficiency, members in accordance with paragraphs 2 and 3 integrity and international representative cha- of this Article may apply to become members racter of the Secretariat shall be maintained at of the Organization and shall be admitted as the highest level.Due regard shall be paid members when theirapplicationhas been also to the importance of recruiting the staff approved by a simple majority vote of the on as wide a geographical basis as possible." World Health Assembly."

Mr. SANDIFER (United Statesof America) He pointed out that the only difference from recalled that the United States delegation hadthe text in the report was the substitution of suggested modification of the first sentence tothe words " simple majority " for " two-thirds read : maj ority ". TWELFTH MEETING - 69 - 17 JULY 1946

As Chairman of Committee III, Dr. Evang feltByelorussia during the Second World War to that a short explanation was necessary as somehelp the Hitlerite army, nor that those troops misunderstandings appeared to have arisen.Itwere real participants in the war against peaceful was not the case, as some delegations seemed tocountries and that they came to destroy the towns think, that only one country, or very few, wouldand villages of Byelorussia and to murder little come under sub-section 4 [6] ; it was not in factchildren, together with their fathers and their known how many countries would have to bemothers. admitted into the World Health Organization under that sub-section.It was known, however, In stating that the question of admitting Spain that those countries would be of different types.to membership of the World Health Organization could not even be discussed at the present Confer- There would be, in the first place, a group ofence, he believed he was expressing the views of a countries that might become members under sub-majority of the representatives. section 3 [5] : countries that had been invited to the Conference as observers, but had not taken Dr. DE PAULA SOUZA (Brazil) said that the advantage of the opportunity to ratify prior toprinciple of universality of human rights required the first World Health Assembly. recognition of the truth that health was indivisible and disease knew no boundaries.Those familiar Another group of countries would comprisewith the administration of the international fiealth those that had not the opportunity of becomingconventions were well aware of the enormous members under sub-sections 2 and 3 [4 and 5].drawbacks resulting from the absence of the co- Some had not independent Governments at theoperation of some countries. present moment and others had ; but it was a heterogeneous group. The Brazilian delegation supported the proposal by the delegate of Chile and, as no political inhibitions should intervene in health matters, was prepared to accept any other proposal Mr. EVSTAFIEV (Byelorussia) thought that sub- facilitating even more the access of all peoples to section 4 was in no way contradictory to thethe Organization. preceding three sub-sections ; all those paragraphs embodied the same principles and ideas.He consideredthatsub-section4expressedthe Dr. CHISHOLM (Canada) said that in view of the unanimity of the Conference on the question thatfirst sub-section of Article IV [3]-" Membership all the most important decisions of the Worldin the World Health Organization shall be open Health Organization should be made by a two-to all States "-it remained only to provide a thirds vote. means of deciding what constituted a State.It appeareddesirablethatsomeorganizational The delegate of Chile had on the one handmethod should be provided whereby it would be spoken in favour of a decision by simple majoritypossible to recognize the existence of a State as for the admission of new members, and had on thea responsible body able to carry out its obligations. other hand favoured a two-thirds vote for allHe felt that it was only because of that necessity the most important decisions.Mr. Evstafievthat there should be any voting process at all ; considered that the present was not the properbut because that necessity existed, and because time to discuss the question of what States notthe voting process should be made as simple as now members of the Conference would like topossible, the Canadian delegation would support become members of the World Health Organ-the proposal of the delegates of Chile and Brazil. ization at some future time. It was important that health should be regarded as a world-wide question quite independent of Expressions on the question of the possibilitypolitical attitudes in any country in the world. of admitting Spain to the World Health Organ- ization had often been heard at the present Conference.ThedelegateofArgentina had Dr.KROTKOV (UnionofSovietSocialist insisted upon having his views on the subjectRepublics) did not understand why the argument, formally recorded, and the delegate of Chileadvanced primarily by the South American delega- considered that sub-section 4 presented sometions, for the admission of Spain, had not been obstacles to the admission of Spain to member-applied to other countries such as, for instance, ship. Japan and Germany.Moreover, the question not only of admitting but of inviting Spain to His own understanding of the basis for thebecome a member had been discussed. creation of a World Health Organization was that the Conference was seeking to establish principles The delegate of Byelorussia, in his very justified for peaceful progress and mutual understandingremarks, had correctly stated that Spain had among all peoples, in accordano with the prin-taken part in the war. ciples of the Charter of the United Nations.He The Constitution had in view not separate was sure that Spain, with her Fascist Govern-States but the World Health Organization and ment, was outside the purview of those aims. was written not to preserve health in any parti- cular State for only to-day or to-morrow but to One could not forget the bloody activities of thepreserve it internationally throughout the world Fascist Blueshirt Division sent by Spain intofor many years to come. 17 JULY 1946 - 70 - TWELFTH MEETING

If Spain should ask to become a member of the unmindful of the views expressed by the delegates Organization he would be the first to accept suchof Byelorussia and the Union of Soviet Socialist a request, but on condition that it be made by aRepublics.The French delegation adhered to democratic Spain. the text in the report. Hence the Soviet delegation supported the text of sub-section 4 as it stood, especially in Dr. FIALLOS (Honduras) considered that any view of its provision for the admission of membersvoting procedure with respect to admission would by a two-thirds majority vote.The sub-sectionbe at variance with sub-section 1, which stated had been very carefully discussed, it did notthat membership of the Organization was open eliminate any country, and it provided for theto all States.He proposed therefore that sub- proper steps to be taken in admitting countriessection 4 be amended to read : to the Organization. " Subject to the conditions of the agreement Dr. MORAN (Guatemala) considered that sub- between the United Nations and this Organ- sections i and 4 of Article IV were contradictory. ization, approved pursuant to Article XVII If the Organization was to be a world health of this Constitution, States which do not become organization, difficulties must not be placed in the members in accordance with paragraphs 2 way of countries wishing to join it.He believed and 3 of this Article, may become members that the States not represented at the Conference by signing or ratifying the Constitution." were those that needed most to belong to the Organization because of the poor health and The CHAIRMAN ruled that the proposal of the malnutrition of their inhabitants. delegate of Honduras was not a new amendment, He congratulated the Paraguayan delegationas it was almost identical with the amendment on its broad proposal, but considered the proposalproposed by the delegate of Paraguay. of the Chilean delegation the more practical. The Conference should be concerned about the Dr. TREFI (Syria) proposed that as delegates health conditions of the world and not aboutwere now fully familiar with the ideas expressed politics. on both sides, the debate should be closed. Dr. ZWANCK (Argentina) said that the Argentine delegation had made reference to Spain at a The CHAIRMAN declared the motion supported previous meeting in order to place on record theand, there being no speakers in opposition, put it expressed hope of the Argentine people that Spain to the vote. would form part of the World Health Organiza- The motion for closure was carried by 28 votes tion.The word " World " meant an organiza-to 5. tion that would include all the States of the world, and it was true, as the Brazilian delegate Dr. GINAs (Paraguay) suggested that as the had pointed out, that health was international.amendments presented by the delegations of Argentina was willing to respect the wishes ofChile and Paraguay ,differed only slightly, the the majority of the Conference on the point underamendment proposed by the Paraguayan delega- discussion.The Argentine delegation had ex-tion be voted upon first. pressed the hope that Spain could enter the Or- ganization in accordance with the provisions of the Constitution to be adopted. He reminded the Dr. BUSTOS (Chile) supPorted the suggestion delegates of the provisions of the Atlantic Charter,that the amendment of the delegate of Paraguay in which both President Roosevelt and Mr.be voted upon first. Churchill had wanted to have the nations of the world free from the fear of death and disease. The CHAIRMAN pointed out that the amendment He hoped that the countries represented at theproposed by the delegate of Paraguay had not Conference would open their arms toall thebeen seconded. nations of the world so that they might all be included in the benefits to be derived from the Dr. FIALLOS (Honduras) thereupon seconded Organization. that amendment.

Dr. GuziviAN (Venezuela) said that his country Dr. EVANG (Norway) read the amendment was one of the few that had broken relations with the Franco Government.It had furthermoreproposed by the delegate of Paraguay : recognized the Spanish Government-in-exile. " Those States that are not members of the Nevertheless, the Venezuelan delegation felt Organization in accordance with paragraphs 2 that the health of all countries in the world must and 3 may become members by signing or by be maintained.It believed that, whatever ideolo- otherwise accepting this Constitution." gies a country might hold, the world from the point of view of health was indivisible.Accord- The CHAIRMAN put that proposal to a vote. ingly, his delegation supported the proposal of the delegate of Chile. The amendment proposed by the delegate of Paraguay was rejected by 25 votes to 17. Dr. FARISOT (France) said the French delega- tion had already accepted in committee the text The CHAIRMAN put to a vote the amendment in the report, but at the same time was notproposed by the delegate of Chile, and declared TWELFTH MEETING - 71 - 17 JULY 1946 it carried by 21 votes to 19.He enquired whether may, on such conditions as it thinks proper, the Conference wanted a roll-call. suspend the voting privileges and services to which a member is entitled.The Assembly Dr. MEDVED (Ukraine) requested a roll-call in shall have the authority to restore voting view of the closeness of the vote. privileges and services so suspended." The CHAIRMAN considered the proposal rea- sonable in view of the closeness of the vote and Dr. CHISHOLM (Canada) said that any action the possibility of inaccuracy. by the World Health Organization arising from thewording" inotherexceptionalcircum- Dr. BUSTOS (Chile) observed that no indicationstances " would be nullified, in that the Assembly, had been given as to how the vote was to bemeeting only once a year, would usually not be taken. in existence at all during the time when excep- tional circumstances might crop up. The CHAIRMAN stated that, under the Rules of One must face the fact that in relation to the Procedure, if a roll-call was requested it must beWorld Health Organization the sort of exceptional taken.He added that the Chairman of Com-circumstances which would make it desirable to mittee III, Dr. Evang, had also suggested towithdraw services from any country would have the Chairman that a roll-call should be taken. something to do with the preparation of parti- cular kinds of warfare, and would be particularly The amendment [6] proposed by the delegateassociated with biological warfare.If such evi- of Chile to sub-section 4 of Article IV was thendence should crop up it would be essential for a put to the vote by roll-call, and carried by 25decision to be taken very quickly, and it would be votes to 22, there being two abstentions.Theimpossible to wait until the next meeting of the representatives of two countries were absent. Assembly, which might be nearly a year away. The roll-call resulted as follows : Therefore, the delegation of Canada moved that Votes for: Bolivia, Brazil, Canada, Chile, the word " Assembly " be replaced by " Executive Colombia, Costa Rica, Cuba, Dominican Repub-Board ". lic, Ecuador, Egypt, El Salvador, Guatemala, Haiti,Honduras,Iraq,Mexico,Nicaragua, Dr. EVANG (Norway) read the text of the Panama, Paraguay, Peru, Philippines, Saudiamendment proposed by the delegate of Canada : Arabia, Syria, Uruguay, Venezuela. Votes against: Australia, Belgium, Byelo- " In cases where a member fails to meet its ,Czechoslovakia,Denmark,Ethiopia, financial obligations to the Organization, the France, Greece, India, Iran, Liberia, Luxem- Assembly, or in other exceptional circumstances burg,Netherlands, New Zealand,Norway, the Board, may on such conditions as it thinks Poland, Ukrainian SSR,UnionofSoviet proper suspendthevotingprivilegesand Socialist Republics, Union of South Africa, services to which a member is entitled.The United Kingdom, United States of America, Assembly or the Board shall have the authority Yugoslavia. to restore voting privileges and services so suspended." Abstentions: China and Lebanon. Absent: Argentina and Turkey. The motion of the delegate of Canada was supported by the delegates of Iran, the Nether- lands and Ecuador. 4. Proposal regardingConsiderationof the Report of Committee IV :Relations with the United Nations and other Organizations. Dr. MOLL (El Salvador) said that sub-section 5 would probably have theeffectof delaying Dr. GABALD6N (Venezuela), Chairman of Com-application by a number of the smaller States. mittee IV, suggested that it would save time ifThey were asked to assume financial obligations, the report of the sub-committee of Committee IVbut would have no idea how much they would could be presented to the plenary meeting in thebe required to pay. afternoon. The reference in the sub-section to suspension The delegates of Uruguay, Liberia, Peru andof services entailed a double obligation ;if ser- China supported the proposal. vices,especially epidemiological services, were It was agreed that the plenary session shouldsuspended, the States affected would also suspend consider the report of Committee IV after havingsending information to the Organization. approved the report of Committee III. The CHAIRMAN pointed out that the words used 5. Resumption of Discussion of the Report ofby the sub-section were " may suspend " ; there Committee 111 :Legal Questions. was no obligation upon the Assembly or the Board to suspend. Dr. LECLAINCHE (France), Rapporteur of Com- mittee III, read sub-section 5 [7] of the Com- Mr. TANGE (Australia) was unable to accept mittee's report : the amendment proposed by the delegate of " In cases where a member fails to meet its Canada.The Australian delegation considered financial obligations to the Organization, or inthat the sub-section contained a very drastic other exceptional circumstances, the Assemblypower which should be exercised only by the 17 JULY 1946 - 72 _ TWELFTH MEETING

Assembly, representative of all members, and not wished therefore to suggest that if punitive action shared in any way with the more limited grouphad to be taken, it should be confined to depriving of eighteen members-particularly as the criterionthat nation of its vote. for action by the Board was such a general phrase as " in exceptional circumstances ". Dr. GARCIX-MALDONADO (Venezuela) considered He felt that the text as it stood was adequate.that sub-section 5 constituted a violation of the If the " exceptional circumstances " should beAnglo-Saxon principle that nobody could be anything so drastic as the development of bio-deprived of his privileges and rights without logical means of warfare, the obvious coursebeing heard.He therefore proposed an amend- would be to summon a special meeting of thement to the effect that a member should not be Assembly. deprived of the privileges to which it was entitled until after having had an opportunity of being heard in its own defence. Dr. PAZ SOLDAN (Peru) considered it para- doxical to try to punish nations which did not conform to the regulations, because the punish- Dr. MANI (India) said it was not correct to say ment would be suffered more by the Organizationthat the country concerned would be deprived than by the offending nation.He proposed,of the right to be heard ; it was only proposed to therefore, the deletion of sub-section 5. deprive such countries of votes and of the services. They would still be members of the Organization The proposal of the delegate of Peru wasand be able to attend meetings and speak as much supported by the delegates of Costa Rica, Cuba,as they wished. Bolivia, Colombia, Syria and other countries. Mr. VALLAT (United Kingdom) said his delega- There being no discussion on the last proposal,tion regarded the suspension of the voting rights the CHAIRMAN put it to a vote. and privileges of any State as a very serious matter, and one on which a State should certainly The proposal of the delegate of Peru wasbe entitled to be heard.The text as drafted rejected. in the report of Committee III would give the State the opportunity of being heard by the Discussion on the motion of the delegate ofAssembly when the question of suspension came Canada was resumed, and Dr. EVANG (Norway) up.The United Kingdom delegation did not said that the Drafting Sub-Committee of Com-think that a decision on suspension, which might mittee III had worked out a text which he believed have very serious implications indeed, was one was identical in substance with the amendmentthat should be taken by a comparatively small proposed by the delegate of Canada.He enquired group such as the Board. whether the latter was willing to accept the His delegation therefore strongly supported the Drafting Sub-Committee's text, which read : text as it stood and was opposed to the amend- " In cases where a member fails to meet itsment suggested by the delegate of Canada. financial obligations to the Organization or in other exceptional circumstances the Assembly Dr. EVANG (Norway) asked for a legal opinion or, subject to subsequent confirmation by theas to whether paragraph 2 of Article XX, in the Assembly, the Board, may, on such conditionsreport of Committee III, 1 would not give any as either thinks proper, suspend the votingmember the full right to apply to the Inter- privileges and services to which a membernational Court of Justice in the event of suspension is entitled.The Assembly, or, in cases whichof its voting rights and privileges. have not been the object of action by the Assembly, the Board, shall have the authority Dr. VAN DEN BERG (Netherlands) said that the to restore voting privileges and services soopinion of the legal division of the Netherlands suspended.Any suspension by the Boarddelegation was that Article XX had nothing to shall cease to have effect unless it is confirmeddo with the question to which Dr. Evang had by the Assembly at its session after the datemade reference. when the suspension is made." Mr. SANDIFER (United States of America) said Dr. CHISHOLM (Canada) and the delegates who that while he did not think Article XX had any had supported his proposal signified that theydirect relation to the point mentioned by Dr. were willing to accept the text read by Dr. Evang,Evang, it did have the following relationship : in place of that proposed by Dr. Chisholm. Paragraph 2 of Article XX, in the report *of Committee III, read : Dr. MACCORMACK (Observer from Eire) said " Any question or dispute between the Orga- nization and a member or between two or more that although he was not in a position to propose members of the Organization concerning the either motions or amendments, he had some interpretation or application of this Constitution suggestions to make.It was proposed to deprive which is not settled by negotiation or by the a defaulting nation of both its votes and services. Health Assembly shall be referred by the parties to the International Court of Justice in confor- The delegation of Peru had very rightly pointed mity with the Statute of the Court, unless the out that, in such a case, the Organization would parties concerned agree on another mode of be harder hit than the delinquent nation.He settlement." THIRTEENTH MEETING - 73 - 17 JULY 1946 Article XX related entirely to interpretation, Dr. VAN DEN BERG (Netherlands) said his so that the country or member might raise in thedelegationagreed with the remarksofMr. Court a question as to whether the Assembly or Sandifer. the Board, in a particular case, had exceeded its The CHAIRMAN put to a vote the motion of the authority under the provisions of paragraph 5, delegate of Canada. but that would be merely a normal procedure and The amendment of sub-section 5 of Article IV would apply of course to other parts of the Consti-proposed by the delegate of Canada was rejected. tution.However, in view of the elasticity of the Sub-section 5 [7] as it stood in the report of provisions under Article XX, it might have someCommittee III was then put to a vote and particular importance if the question of inter-unanimously approved. pretation were raised with respect to paragraph 5. The meeting rose at 12.30 p.m.

THIRTEENTH MEETING

Held on Wednesday, 17 July 1946, at 2.15 p.m., Hunter College, The Bronx, New York City.

Chairman :Dr. Thomas PARRAN (United States of America).

1. Continuation of Discussion on the Report of Assembly in an advisory capacity, with a Committee III :Legal Questions. right to discuss subjects relating to health matters in their own territories, upon applica- Article IV :Membership and Associate Member- tion made . ship [III]. Such a wording, added Mr. Evstafiev, would Sub-section 6 [8] of this article of the reportprovide the possibility of a full discussion and of Committee III read as follows : full study on health conditions in each territory " Territories or groups of territories whichor-group of territories. are not responsible for the conduct of their international relations may be admitted as Dr. TOGBA (Liberia) proposed the addition, at associatemembers by the World Healththe end of the first paragraph of sub-section 6, Assembly, upon application made on behalfof the sentence : of such territory or group of territories by the member or other authority having responsibility " However, representatives of accepted as- for their international relations. sociate members to the Assembly shall be of " The nature and extent of the rights and the qualified native populace." obligationsofassociatemembersshallbe determined by the Assembly." He explained that, by the term " qualified native populace ", he did not necessarily mean that Mr. EVSTAFIEV (Byelorussia) said the questionthe person sent to the Assembly should be one of membership of territories or groups of territoriesemployed by the Government concerned. He had been discussed at great length in Committeeshould, however, be a native-a person born in III.It was clear to the majority of the membersthat territory and a citizen of the territory, of that Committee that such territories or groupsfamiliar with the needs and interests of his own should become members, but it was not clear what people.He should also of course be a qualified the character of such membership should be. physician. He felt himself that territories and groups of The motion of the delegate of Byelorussia was territories, should be admitted to membership insupported by the delegate of the Ukraine, and an advisory capacity and with an advisory voicethat of the delegate of Liberia by the delegate only on questions relating to health matters inof Iraq. those particular territories.Since each member of the Organization must take steps to implement the various conventions and agreements, etc., Dr. EVANG (Norway) explained that at the decided upon by the Assembly in regard to theoutset of the discussion of the question in com- territories over which the respective members hadmittee there had been wide divergences of opinion. jurisdiction, it was not necessary for each territoryHowever, at a joint meeting of the drafting sub- or group to have a full vote in the Organization.committees of Committees III and V, reinforced He suggested therefore that sub-section 6 shouldby delegates of Liberia and the Netherlands, be redrafted in the following sense : agreement had been reached on one important point : that the non-self-governing territories " Territories or groups of territories whichshould be admitted as associate members. are not responsible for the conduct of their Agreement had not been reached on what international relations may be admittedas rights and obligations the associate members associatemembers by theWorld Healthshould have ; and the text in the report repre- 17 JULY 1946 - 74 - THIRTEENTH MEETING sented a compromise which had followed upon a in discussions of health matters relating to proposal by the Mexican delegation. these territories, upon application made on behalf of such territory or group of territories The text left to the first Health Assembly the by the member or other authority having decision as to the nature and extent of the rights responsibility for their international relations." and obligations of associate members. The amendment proposed by the delegate of Dr. VAUCEL (France) said the French delegationByelorussia was put to a vote and rejected. wholeheartedly supported the recommendations of the Chairman of Committee III, and urged that Article IV, as amended, was then put to the the text in the report be adopted. The question ofmeeting and unanimously adopted [M]. the central representation of the population in the World Health Organization was not one forArticle XVI :Legal Status, Privileges and Im- the Assembly to decide, but one that would munities [XV]. depend entirely on the territories which would be represented. This article was adopted without discussion. The CHAIRMAN put to a vote the amendment proposed by the delegate of Liberia. Article XVIII :Amendments [XVII]. The show of hands resulted in an apparent The text of this article in the Committee's vote of 15 for and 14 against the amendment.report was as follows : The Chairman suggested that as the vote seemed " Amendments to this Convention may be very close, and as some delegations were either proposed by resolution of the Assembly adopted absent or had not voted, the vote should be taken by two-thirds of its members present and voting. again or,if the meeting preferred, a roll-call Amendments shall come into force forall should be taken. members when they have been ratified by two-thirds of the members in accordance with Mr. VALLAT (United Kingdom) suggested that a their respective constitutional processes.The wording acceptable toall delegates might be draft texts of proposed amendments shall be found by making provision for the representatives communicated by the Director-General to the of associate members to be representative of the members at least six months in advance of health administrations of the locality from which their consideration by the Assembly." they came. Dr. EVANG (Norway) pointed out that some Dr. TOGBA (Liberia) objected to the United delegations had originally not been in favour of Kingdom's proposal on the ground that in non-Article XVIII as it was now proposed ; they had self-governing territories those at the head offelt that it would open the possibility of certain the health centres were usually from the governingmembers of the Organization being bound by countries and not of the native stock.Conse- decisions of other States against their will. quently, the United Kingdom proposal would The Indian delegation had therefore submitted result only in representation of those governingan amendment which had been circulated to all the territories. delegations earlier, but had later withdrawn his proposal on condition that the following declara- Dr. MANI (India) said he presumed that thetory statement be read in plenary session : vote on the amendment proposed by the delegate of I iberia would be on the principle of the repre- " A member is not bound to remain in the sentation of the native populations, and not on Organization if its rights and obligations as the exact wording of the proposal, which perhaps such were changed by an amendment of the could be improved by the drafting committee. Constitution in which it has not concurred and which it finds itself unable to accept." The delegate of Liberia and those who had In response to a question by the CHAIRMAN, supported his proposal signified their acceptanceno objection was voiced either to the article or of the interpretation by Dr. Mani. the declaratory statement. The CHAIRMAN again put the proposal to a On the formal motion of the RAPPORTEUR of vote. Committee III, Article XVIII [XVII] was una- nimously approved. The proposal of the delegate of Liberia for the amendment of sub-section 6 was carried. Article XIX :Entry into Force [XIX]. On the request of the CHAIRMAN, the interpreter Sub-sectionr[78]was approved without read again the original text of the amendment discussion. proposed by the delegate of Byelorussia : Sub-section 2 read : " Territories or groups of territories which " States may become parties to this Con- are not responsible for the conduct of their stitution by (a) signature without reservation international relations may be admitted to the as to acceptance, or (b) signature subject to work of the World Health Organization in an acceptance followed by acceptance,or(c) advisory capacity, with the right to participate acceptance. THIRTEENTH MEETING - 75 - 17 JULY 1946 " Acceptance shall become effective by the Where there had been a previous signature, deposit of a formal instrument with the Secre-the true legal word was not " acceptance " but tary-General of the United Nations." " ratification ". The method of ratification might differ, but after a signature had been affixed to the NASR Bey (Egypt) proposed the followingConstitution,the term ratificationshould be amendment dealing with sub-section 3, but closelyused. connected with sub-section 2 : The proposal of the delegate of the Lebanon " ThepresentChartershallcomeintowas seconded by the delegates of Liberia and force upon the deposit ofratifications byIraq. twenty-sixStates Members of the United Nations, in accordance with their respective constitutional processes." Mr. SANDIFER (United States of America) said that the text in the report had already been very He pointed out that the phraseology of hiscarefully considered by the legal experts, and amendment was similar in certain respects toCommittee III had raised no question as to the that of the preceding Article XVIII and also tocorrectness or acceptability of the text. that of the San Francisco Charter. He had assumed that it was generally known that the word " acceptance " had been used in The CHAIRMAN ruled that the amendmenttwo or three previous Constitutions, in order to would be considered after stb-section 3 had beenmake possible a more informal method of ap- read. proving them.The Constitutions of UNESCO and FAO both provided for approval by accep- NASR Bey (Egypt)saidhe would like antance. explanation of the term " acceptance " in sub- An endeavour had been made to draft the section 2. present text so that the word " acceptance " would be broader than its connotation and would Mr. C8.11 (Canada) said that the legal members include ratification, but would also make possible of the Conference who had been charged witha less formal instrument of approval. The diffi- drafting the entry-into-force clause had studiedculty about the use of the word " ratification " the question very carefully.The original wishwas that it had a very definite significance in as expressed in the Technical Preparatory Com-international law, and would require a formal mittee's draft had been that States could signinstrument of ratification which would affect the the present Convention without ratification orconstitutional procedures of approval in a number acceptance, so that it would come into force onof countries. mere signature.That had been accepted as a As there was uncertainty on the subject in the basic principle throughout the Conference. minds of some of the delegates, he himself would Hence, there were two possible categories ofbe willing, in the interest of general agreement, to signatures :first, without reservation as to sub-accept the words " acceptance or ratification " sequentacceptanceorratification ;secondly, in the text wherever the word " acceptance " signature with reservationastosubsequentappeared at present. acceptance or ratification. There was also a third class that must be taken into consideration :straight accession, or ac- Mr. CÔTÉ (Canada) agreed with the explanation cession without signature. on the matter of drafting given by the delegate Mr. Côté added that the position with respectof the United States of America. to the present Convention was basically different from that relating to the Charter of the United Nations. With respect to the latter the only way Mr. HAKIM (Lebanon)consideredhis own one could become a member was by signature,proposal more precise, but did not object to the subject to acceptance or ratification. suggestion of the delegate of the United States The legal experts had carefully considered thethat " acceptance or ratification " should be entire article on Entry into Force and had agreedused in every case where " acceptance " at present that the word " acceptance " should includeappeared in the text. He proposed that the final ratification, acceptance, approval or accession. draft be left to the legal experts.

Mr. HAKIM (Lebanon) thought that in order Dr. MARTONE (Argentina) said the Argentine to avoid any possible difficulties about the mean-delegation believed that sub-section 2 as it stood ing, the term " ratification " should be usedin the text was a perfectly correct legal instru- instead of " acceptance ". Hence clause (b) ment which would be binding upon all the nations would read, " signature subject to ratification, that would accept the Constitution. The Argen- followed by ratification " ;clause(a)wouldtine delegation wished to support the United read," signature withoutratification " ;andStates delegation's proposal to accept sub-section clause(c)would read," acceptance without2 of the report as drafted. previous signature ", followed by the sentence : " Acceptance or ratification shall become effective by the deposit of a formal instrument with the The CHAIRMAN put to a vote the amendment Secretary-General of the United Nations ". proposed by the delegate of Lebanon. JULY 1946 - 76 - THIRTEENTH MEETING

The amendment was defeated, and sub-section The motion by the delegate of Egypt was then 2 adopted [79]. put to a vote and carried, and the sub-section, Sub-section 3 read : as thus amended, adopted [8o]. " This Constitution shall come into force Sub-sections 4,5 and 6 [81 and 82] were when twenty-one States Members of the United adopted without discussion. Nations have become parties to this Constitu- Article XIX as amended was then adopted as tioninaccordance with the provisionsof. a whole [XIX]. paragraph 2 of this Article." The following footnote tothe above sub-Article XX :Interpretation [XVIII]. section appeared in the report : Sub-sections r and 2 [74 and 75] were adopted " At the third meeting of the Legal Com-without discussion. mittee the original proposal of the Technical Sub-section 3 read : PreparatoryCommittee(fifteenStates),a proposal submitted by theUnitedStates " Any legal question arising within the scope (twenty-one States), and a proposal submitted of its activities may, upon authorization by the by Yugoslavia (twenty-six States Members of General Assembly of the United Nations, be the United Nations), were put to a vote. The referred by the Organization to the International first obtained three votes, the second ten and Court of Justice with a request for an advisory the third thirteen votes.As a result of the opinion thereon." vote the Chairman of Committee III asked Mr. VALLAT (United Kingdom) said that the the Sub-Committee to prepare drafts embody-authorization by the General Assembly of the ing the second and third proposals.This wasUnited Nations might be of a general character, approved. At the eighth meeting of the Legaland provided for in the agreement to be made Committee the firstproposal of Yugoslaviabetween the World Health Organization and the (twenty-six States Members of the UnitedUnited Nations. He proposed therefore the Nations), a proposal of the United Kingdominsertion after the words " United Nations " of (twenty-one States Members of the Unitedthe following words :" or upon authorization in Nations), and a proposal of the United Statesany other manner that may be provided by (twenty-six States), were voted upon. At theagreement between the Organization and the request of the delegate of the Union of SovietUnited Nations ". Socialist Republics, the different sections of The proposal by the delegate of the United each motion were voted upon separately.Kingdom was supported, and adopted without a Therefore, the first question which was voteddissenting voice. Sub-section 3, as thus amended, upon was that relating to the category ofwas adopted [76]. States (Members of the United Nations or States unspecified) whose acceptance of the Sub-section 4 was approved without discussion. Constitution permits ofitsentry-into-force. Article XX as amended was adopted as a whole The vote (fourteen to nine) resulted in the[XVIII]. category ofStates being' Members of the United Nations '.The question as to the number required was then submitted to a vote,Annex I. as a result of which eight delegations were Mr. VALLAT (United Kingdom) said that the in favour of the figure ' twenty-six ' and fifteennext two pages of the report were mainly con- were opposed. Seventeen favoured acceptancecerned with details introduced by the United by twenty-one States and four voted againstKingdom delegation.While the subject-matter this number." was of very considerable importance, the United Kingdom delegation felt that it might be as NASR Bey (Egypt) proposed the substitution ofwell not to take further time at present to go " twenty-six " for " twenty-one " in sub-section 3.into those clauses. They could perhaps be con- Dr. EVSTAFIEV (Byelorussia) said the proposalsidered by Governments later and the matter for ratification by 21 Members only was notbrought up subsequently at a meeting of the commensurate with the importance of the workHealth Assembly. to be done.Furthermore, it provided for a The United Kingdom delegation was not in a decision taken by a minority of members insteadposition to withdraw the proposal, as it was now of a majority. He therefore proposed that sub-embodied in the Committee's 'report, but would section 3 be amended to read : suggest that it be withdrawn from further con- " This Constitution shall come into forcesideration at the present Conference. when two-thirds States Members of the United The delegate of the United States of America Nations have decided that they will participatethereupon moved withdrawal of the material in in this Constitution in accordance with para-question and the motion was supported by several graph 2 above." delegations. It was accordingly agreed that Articles i to The CHAIRMAN declared the proposals by the5 of Annex I of the report of Committee III, delegates of Egypt and Byelorussia both sup-together with the introductory paragraph, should ported, and said that he would first call for abe withdrawn. 1 vote on the proposal of the latter delegation. The proposal of the delegate of Byelorussia was 1 This portion of the report is reproduced on defeated :21 votes in favour and 23 against. page 130. THIRTEENTH MEETING - 77 - 17 JULY 1946 Interim Commission (UNRRA). bound by terms of reference, and he thought The sub-section of the report under the abovethat there was nothing that could be done about heading read : it. He would, however, move that the Conference go on record as being in sympathy with the case . . . take all necessary steps for assump-put forward by the observer from Ireland. tion by the Interim Commission of the duties and functions entrusted to UNRRA by the The CHAIRMAN said he assumed by the applause International Sanitary Convention, 1944, modi-that the motion of the delegate of Canada was fying the International Sanitary Convention ofsupported. 21 June 1926, the Protocol to Prolong the Therebeingnoobjection,theChairman International Sanitary Convention, 1944, theinformed the observer from Ireland that he International Sanitary Convention for Aerialwas suretheConference was unanimous in Navigation, 1944, modifying the Internationalexpressing the hope that the present situation Sanitary ConventionforAerial Navigationof Ireland would be a very short-lived one, in of 12 April 1933, the Protocol to Prolong theview of the anticipation that twenty-six nations International Sanitary Convention for Aerialwould accept, or ratify, or accede to, or sign the Navigation, 1944 ; ". terms of membership. The Chairman added that he had been informed This sub-section was approved without dis-that the observer from Ireland had full powers cussion [Arrangement, 2 09]. on behalf of his country to sign. Articles I to VI [/- to 6] were approved without discussion. Protocol concerning the Office International d'Hy- giène Publique. The CHAIRMAN declared that, since Annex I Article I [Protocol, I] 1 read : of the Protocol did not require a decision,it " The Governments signatories to this Proto-need not be read. col agree that, as between themselves, the duties and functions of the Office International Dr. LECLAINCHE (France) moved the adoption d'Hygiène Publique, as defined in the Agreement as a whole of the Protocol concerning the Office signed at Rome on 9 December 1907, shall beInternational d'Hygiène Publique. performed by the World Health Organization or its Interim Commission, and that subject Dr. GUZMAN (Venezuela) proposed that the to existing international obligations, they shalldocument should be not only in English and take the necessary steps to accomplish this French, but in all five official languages :Chinese, purpose." English, French, Russian and Spanish.

Dr. MACCORMACK (Observer from Ireland) said The SECRETARY said although the Rome Agree- he wished to make a protest with regard to the ment of 1907 existed only in French, and although question of theOffice International d'Hygiènethe present document was being drawn up in Publique and to have his protest recorded.His two languages, if the Conference wished to have Government held that, as a contributory party totranslations into the other three languages the the Office, Ireland was entitled to a vote in deter-Secretariat would be glad to make the necessary mining its fate.He thought that no reasonable arrangements. man could deny the justice of that claim.The result of the vote did not enter into the matter, Dr. LECLAINCHE (France), in response to a because had he had a vote he would have votedquestion by the Chairman, said he accepted the for the taking over of the functions of the Office ;interpretation of his motion by the delegate of it was with the principle that he was concerned.Venezuela. The rule embodied in the report of the Tech- The proposal of the delegate of Venezuela was nical Preparatory Committee, denying votes toapproved without dissent. observers,had perhaps not beensufficiently The Protocol as a whole was then unanimously considered in all its implications ;and he wasapproved. not going to embarrass the Conference by asking it to make any alteration in that rule. He would The CHAIRMAN expressed the appreciation of be perfectly satisfied if the Conference could givethe Conference to the Chairman, Rapporteur, and him some indication that Ireland had its sympathyother members of Committee III. in regard to its claim.

Dr. CHISHOLM (Canada) stated as Rapporteur2. Proposed Date for Signature of the Final of the Technical Preparatory Committee that Acts. the question of the signing of the Protocol con- The CHAIRMAN said it appeared impossible to cerning the Office had not been actively consideredmeet the date that had been set for the signing by that Committee at its meeting at Paris. of the Final Acts and therefore the General He felt that the observer from Ireland had aCommittee recommended that the signing take very good case ;however, the Conference wasplace on the following Monday.However, if even that date was to be met the deliberations 1 The square brackets enclose references to the corresponding text of the Protocol see page 113 ,of the plenary session must be concluded not See also explanatory note on page 30. later than the following afternoon. 18 JULY 1946 - 78 - FOURTEENTH MEETING

The SECRETARY stated that in accordance All efforts would be made by the Secretariat with several requests that the final texts shouldto distribute mimeographed copies of the final be read again before all the delegations, aftertexts in five languages in time to permit a full their approval by the General Committee, theday's study before they were read in plenary last reading had been scheduled to take place session. on Monday morning. The meeting rose at 4.30 p.m.

FOURTEENTH MEETING Held on Thursday, 18 July 1946, at 9.30 a.m., Hunter College, The Bronx, New York City. Chairman 1 :Dr. Thomas PARRAN (United States of America).

1. Report of Special Sub-Committee on Interimwas in order for an Interim Commission to be Arrangements. set up. Dr. GABALD6N (Venezuela), Chairman of Com- The Sub-Committee had also studied the ques- mittee IV, requested Dr. Sze, the Rapporteur oftion of whether a loan, or a grant, could -be the Committee, to present the proposed draftexpected from the United Nations.On the for the establishment of an Interim Commission.suggestion of the Sub-Committee, the President of the Conference, after consulting the General Dr. SZE (China) presented the report of Com-Committee, had duly made enquiryofthe mittee IV's Special Sub-Committee on Interim Secretary-General of the United Nations, and had Arrangements.In doing so, he said that thereceived a favourable and friendly reply from the sub-committee had received express injunctionsSecretary-General to the effect that the Interim from the General Committee to frame its recom- Commission might expect to receive from the mendations in such a way as to facilitate early United Nations a sum of $350,000 for its expenses discussion and decision on interim arrangements.for the remainder of the present year-whether as a grant or as a loan was a point to be settled The factor of speed had therefore been of primelater. consideration towards the end of the Sub-Com- For whatever budget might be necessary for mittee's discussions. Hence, the form of a resolution 1947, the Interim Commission could apply to the had been adopted with a view to making possibleGeneral Assembly of the United Nations in immediate discussionof the subject withoutSeptember, and there was every reason to think awaiting the signature of the Constitution. that any reasonable amount applied for then However, a resolution might not give the would be granted. Interim Commission that wide legal basis which In view of the necessity of speed, the Sub- it should perhaps have, as it would handle certain Committee had passed over the normal procedure very important matters.The Sub-Committeeof reporting to its parent committee : the present felt, therefore, that it was desirable to recommendmeeting was in fact a combined meeting of the drawing-up, also, of a formal agreement which Committee IV with the plenary meeting.The would have in substance the same wording as theSub-Committee had also asked the Secretariat to resolution, but would be in a form to whichprepare draft rules of procedure which the Interim delegatescouldaffixtheirsignatures.ThatCommission could consider and adopt as soon as agreement could be signed at the same time asit met. the Constitution on Monday. The procedure for election of members of the The Special Sub-Committee, along with theInterim Commission had also been considered Credentials Committee and the Legal Depart-and might be discussed in more detail later. ment of the United Nations, had studied the In conclusion, Dr. Sze apologized for the fact matter of credentials for members of the Interimthat pressure of time had not allowed the Sub- Commission and had been glad to know that mostCommittee to produce a more final report. delegates already had sufficiently full powers to He then proceeded to read the text of the enable them to participate in the Interim Com-proposed resolution. mission, if elected.There might be one or two The Preamble and paragraph r [Preamble] 1 others, however, who would not have such fullwere approved without discussion. powers, and the Committee was advised that legally it would be possible for them to participate Paragraph 2 read : under the temporary procedure.It seemed that, " The Interim Commission shall be composed so far as credentials were concerned, everything in the same manner as provided in the Constitu-

1 Dr. Shen (China), one of the Conference Vice- 1 The square brackets enclose references to the Presidents, was Chairman during the latter partcorresponding text of the Arrangement see page of the meeting. Iro. See also explanatory note on page 30. FOURTEENTH MEETING - 79 - 18 JULY 1946 tion for the Executive Board of the Organiza- Dr. Zwanck explained the considerations on tion." which he had based his motion.Firstly, he categorically affirmed that Argentina was not Dr.SZE(China) stated that an amendment to seekingrepresentation on theInterim Com- paragraph2had been submitted by the Australian delegation, which did not change the substance mission.Secondly, the Conference seemed to of the paragraph, but spelled it out.The Sub-have selected very wisely the membership of the Committee felt that the amendment would beGeneral Committee : it represented large, small and very advantageous and entirely in line with itsmedium-sizednationsandeverycontinent. recommendations. Thirdly, the composition of the General Com- The amendment proposed by the Australianmitteeoffourteen members was reasonably delegation read : proportionate, geographically and otherwise, to the membership of the United Nations. Moreover, " The Interim Commission shall consist ofthe members of the General Committee had eighteenpersonsdesignated byas manyshown individual competence and ability and Governments members of the Health Confer-could be trusted with that additional important ence.The Conference, taking into account antask. equitable geographical distribution, shall elect the members entitled to designate a person Dr. Zwanck considered,fourthly,thatthe to the Commission.Each of these memberssuccess which the Conference had obtained was should appoint to the Commission a persona tribute not only to the spirit of co-operation of technically qualified in the field of health whoall delegates, but also to the wisdom and com- may be accompanied by alternates and ad-petence of the General Committee.He believed visers." that, although there were other ways in which the Interim Commission might be selected, his Mr.TANGE(Australia)saidhisdelegationproposal was the least likely to lead to contro- considered it preferable to say exactly how theversy or prolonged debate. Interim Commission would be established, rather In making his motion, he did so with the than to adopt the procedure of referring to aunderstanding that no nation elected for member- separate instrument. ship on the Interim Commission had any prior The amendment [i] was approved withoutclaim to membership on the future ExecutiNe dissent. Board, which would be elected by thefirst Dr.SZE(China) pointed out that the ConferenceWorld Health Assembly.He emphasized that had before it a recommendation proposed by thepoint, expressing the hope that the Conference delegation of France with respect to paragraph2. agreed with it, and requested that it be recorded The recommendation read : in the proceedings of the Conference for the " A list of the countries to be invited toreference of the first World Health Assembly. designate persons to serve on the Interim Commission shall be presented to the Conference Dr.LARA(Philippines), in seconding the pro- for its consideration.This list shall be drawnposal of the delegate of Argentina, said that the up by a sub-committee consisting : Conference was very pleased with what the " (a) Either of the Chairman and five Vice-members of the General Committee had done, Chairmen of the Conference ; and felt that they could be trusted to carry out " ( b) Or, under the chairmanship of thethe wishes of the Conference for the work still Chairman of the Conference, of the repre-to be done. sentatives of six States situated in different geographical regions as follows :two for ProfessorDE LAÊT(Belgium) said that, being the American Continent, two for Europe,a delegate of a nation that had not requested one for Asia, and one for Africa. any representation on the Interim Commission, " The Conference may decided which of thehe hoped that a unanimous decision would be foregoing procedures shall be used." reached.He felt it well, therefore, to emphasize once again that the members who had comprised TheCHAIRMANdeclared the proposal of thethe General Committee were qualified to sit on the delegation of France supported. In terim Commission. Dr.ZWANCK(Argentina) proposed the following motion : Dr.RITCHIE (New Zealand),speakingas " (r) That this Conference name the fourteenrepresentative of one of the smaller and more nations now represented on the General Com-remote nations, which was not desirous of taking mittee as member nationsof theInterimpart in the Interim Commission's work, whole- Commission ; heartedly supported the proposal of the delegate of Argentina. " (2)That the General Committee of this Conference be instructedtonominatefor consideration by this Conference four additional Dr.LEON(Mexico) also expressed his delega- nations to be also members of the Interimtion's full support of the Argentine proposal. Commission of eighteen nations ; He spoke highly of the work of the General " (3) That the General Committee be in-Committee and considered that its membership structed by this Conference to keep in mind, reflected a fair geographical distribution. in making the nominations, the need for a wide geographic representative membership on the Mr.TANGE(Australia) opposed in principle the Interim Commission of eighteen." proposal of the delegate of Argentina.While 18 JULY 1946 - 8o - FOURTEENTH MEETING

recognizing very fully the work done by thea bad precedent and thatit was restrictive, representatives of the countries on the Generalbecause it would limit the designation of the Committee, the Australian delegation believedmernber States within the Interim Commission. that many of the arguments advanced in favour of the proposals were not good reasons. Dr. MEDVED (Ukraine) supported the proposal of the Argentine delegation. While the Conference The General Committee had been set up towas anxious to speed up the work of the Or- co-ordinate the work ofthe Conference.Itsganization, the delegates must not forget that it composition had been based very largely on awould be a good thing for them to follow the personal selection-the selection of men capableexample which had been set for them by the of acting as chairmen of committees and vice-United Nations as such, and also to continue in chairmen of the Conference.It would be agreedthe line which had been adopted by the different that the choice had been a very good one.Theorgans of the present Conference. factor of geographical distribution had also been taken into account, but had been secondary to It had been said that in adopting that proposal the personal qualifications of the men selected. the Conference would be selecting countries and not persons, but he felt that the membership of Mr. Tange said it was not at all certain that the theGeneral Committee representedafairly same men who had served their countries on theequitablegeographicaldistribution,and any General Committee would continue to do so ongaps might be filled in the choice of the four the Interim Commission.The geographical dis-additional members suggested. tribution reflectedinthe compositionof the General Committee appeared to be reasonably Dr. VALLARINO (Panama) supported the pro- equitable ;however, he submitted that two orposal of the Australian delegation.While there three other lists could be selected which wouldwas no doubt that the members of the General also provide an equitable geographical distribu-Commit tee had performed very efficient and com- tion. mendable work, there were many other competent and informed men within the Conference, who, In the view of the Australian delegation, theby the proposal of the Argentine delegation, election should be by secret ballot without priorwould be denied a position on the Interim Com- recommendations by a nominations committee. mission. He opposed the suggestion that the Conference He believed that the Austialian proposition agree here and now that the fourteen members ofwas a truly democratic one, since it gave every theGeneral Committee shouldautomaticallydelegate a chance of participating in the formation become members of the Interim Commission. of the Interim Commission. He also opposed the 'suggestion that the General Committee act as a nominations committee in respect of the other four' members. Dr. DOGRAMAJI (Iraq) supported the proposal ofthe Australian delegationforthe reasons Reiterating that he spoke purely on the groundalready mentioned by other delegates. of principle, Mr. Tange said his delegation believed He felt, however, that the proposal had the that for the election the members of the Confer-drawback that, after the ballots were cast, the ence should be free to make nominations fromresults might not be geographically representative the floor, and that countries nominated shouldof the whole world.He suggested that the be placed on the ballot paper and a majoritydrawback might be avoided by following a prin- vote taken on the basis of those countries only.ciple whereby delegates would not vote for more than a certain number of members from each While agreeing with the delegate of France in continent.For example, one method would be opposing the proposal that the General Com-to have the membership of the Interim Commis- mittee should act as a nominations committee,sion restricted to five from the American Conti- he felt that it was doubtful whether an equitablenent, five from Asia; five from Europe, two from geographical distribution could be achieved alongAfrica, and one from Australia. the lines suggested in the alternative proposal (b) uf the delegate of France.For that reason, Dr. TOGBA (Liberia) moved that the debate be he suggested that the question of the election of the Interim Commission should be postponed closed. until a later stage, when there should be a secret The motion for closure was supported by the ballot. delegates of El Salvador,Syria,Mexico and" Yugoslavia. The CHAIRMAN declared the motion of the The motion was put to a vote and carried. delegate of Australia supported. The CHAIRMAN observed that normally, under the rules of procedure, the amendment furthest Dr. BUSTOS (Chile) did not support the motionremoved from the text was voted upon first. of the delegate of Argentina, but fully endorsedHowever, in the present case, there had been that of the Australian delegation. no text submitted as a committee report for While the Chilean delegation was among the discussion. first to recognize the magnificent work carried The Conference had before it proposals by the out by the General Committee, it believed thatFrench, Argentine and Australian delegations. the proposal of the Argentine delegate would setThe Chair, subject to the approval of the Confer- FOURTEENTH MEETING - 81 - 18 JULY 1946 ence, would rule that the vote be taken first on The Chairman thereupon put to the meeting the proposal having the largest number of sup-the motion of the delegate of Chile to reconsider porters, namely, that of the delegate of Argentina.the vote, in order that a vote might be taken by roll-call, and declared it unsupported. Dr. BUSTOS (Chile) requested a roll-call. He added that the vote would stand as an- nounced. The CHAIRMAN requested the delegate of Chile to make clear whether he was demanding a roll- Dr. THOMEN (Dominican Republic) suggested call on the ruling of the Chair. to the General Committee that in the selection of the candidates for the four remaining posts on Dr. BUSTOS (Chile) said he wished the vote tothe Interim Commission, they take Chile into be taken by roll-call and also that it should be aconsideration. secret vote. The CHAIRMAN stated that the General Com- Dr. MARTONE (Argentina) considered the Chi- mittee would take into consideration the sugges- lean proposal illogical, since the vote could nottion of the delegate of the Dominican Republic. be taken both by roll-call and secret ballot ; He then stated that, in accordance with the in an assembly of the present type it could onlyrequest of Dr. Leclainche, and there being no be done by roll-call, in order to conform toobjection, the motion of the French delegation parliamentary procedure. would be withdrawn. Dr. VALLARINO (Panama) felt that according Prior to the resumption of discussion on the to parliamentary procedure the last amendmentremaining partofthereport, the Chairman presented should be voted upon first. He thereforeasked Dr. Shen (China), Vice-President of the suggested that the proposal of the AustralianConference, to take over the Chair. delegation should first be voted on. The CHAIRMAN (Dr. Shen) called upon the The SECRETARY said the rules of procedure ofRapporteur to proceed with the reading of the the Conference did not fix the order to be followedreport of the Special Sub-Committee. when no preliminary text had been submitted. Sub-paragraph 3 (a) [2 (a)] read : It was therefore for the Chairman, if all other members agreed, to choose the order in which . .to convoke the first session of the the vote would be taken, and delegates should Health Assembly as soon as practicable after, indicate whether they agreed with the suggestion but not later than, six months from the date made by the Chair. on which Constitutionof the Organization enters into force ; " . The CHAIRMAN asked whether the Conference This sub-paragraph was approved without agreed with the tentative ruling he had made as dissent. to the order of the vote. Paragraph 3 (b) (b)] read : His ruling received support. " . . . to prepare the provisional agenda for After enquiring whether the Conference wished to vote on the proposal of the Argentine delega- the first session of the Health Assembly and tion by a show of hands or a secret ballot, the all necessary documents and recommendations Chairman put that proposal to a vofe by the relating thereto, including former method. " (i)proposalsastoprogramme and budget for the first year of the Organization, The proposal of the delegate of Argentina was adopted by 34 votes to 9. and " (ii)studies regarding the possible loca- Dr. BUSTOS (Chile) stated that on the previous tion of central headquarters and the defini- day the motion of Chile requesting a simple tion of geographical areas with a view to the majority vote on membership had been voted eventual establishment of regional organiza- upon by a simple show of hands ; then, in spite of tions as contemplated in Article . . . . the fact that the motion was approved, it had of the Constitution, been followed by a roll-call vote, to which Chile due consideration being given to the proceed- had not objected. The Chilean delegation, there- ings of the International Health Conference in fore,requested that the same procedure be New York ". followed on the present question ;he was sure that the Conference would have no objection to Mr. TESEMMA (Ethiopia), said sub-paragraph the taking of a roll-call vote. 3 (a) apparently presupposed that the Constitu- tion of the Organization would come into force ; The CHAIRMAN said that since the Conference there was no provision for the eventuality that had taken a decision and the decision had beenthe Constitution would not come into force.It announced, the Chair was forced to rule that thewas not desired that the Interim Commission demand for a roll-call vote by the Chilean delega-should live indefinitely ; therefore, he would like tionat the presenttime was notinorder. provision to be made for what the Interim Com- However, the Chair was ready to rule that amission would do in the event that the Constitu- reconsideration of the vote upon the request oftion did not come into force within, say, two the Chilean delegation might now be had. years' time from the date of signature.There 18 JULY 1946 - 82 - FOURTEENTH MEETING might be provision, for instance, for the convoking provided that the agenda and the documents of a second International Health Conference. would reach the Member States six weeks before With respect to sub-paragraph (b), the Ethio-the first session of the Health Assembly. pian delegation took the view that the provisional agenda and proposals should be submitted to Member Governments at least three months in The CHAIRMAN said he believed that the advance. Australian proposal should be so interpreted, and The text as it stood contained no provisionshe assumed that it had the support of the Ethio- requiring the Interim Commission to make apian delegation. report to the first World Health Assembly on the work done within the period of its existence. The proposal of the Australian delegation to amend sub-paragraph 3 (b) by the insertion after the words " recommendations related thereto " The CHAIRMAN said that the first and thirdof the words " which shall be submitted to points raised by the delegate of Ethiopia wouldMembers of the Organization at least six weeks be answered by the Rapporteur of the Com-before the first session of the Assembly " was put mittee. to the meeting and carried unanimously [2 (b)]. The second point could be taken up along with amendments to sub-paragraph (b) submitted by other delegations. Dr. SZE drew the attention of the Conference to the amendment of clause (ii)of sub-paragraph Dr. SZE (China) thought that, with regard to3 (b) proposed by the Australian delegation. the first point, the delegate of Ethiopia was unduly pessimistic.If the Organization should Mr. TANGE (Australia) said the amendment had fail to come into existence, he presumed it wouldbeen hurriedly drafted, but the Australian delega- be necessary to have a clause saying how thetion had in mind that clause (ii) should provide Interim Commission should report to a furtherfor the making of studies by the Interim Com- international health conference to be convenedmission regarding the delineation of geographical by the Governments concerned.He thought, areas, with a view to the eventual establishment however, that it was not necessary to mentionof regional organizations, as contemplated in the such a clause at the present stage. relevant article of the Constitution.The amend- The suggestion of a general report on the workment aimed at introducing a clause such as that done was a point well taken.It had also beenproposed, which would require the Interim Com- suggested by the delegate of South Africa, andmission to consult with the Governments affected if the delegate of Ethiopia agreed, the matterby that regional delineation, if such Governments would be dealt with when it came up later in theshould not be on the Interim Commission. Dr. Sze pointed out that the Conference had The Australian delegation considered the deli- before it an amendment submitted by the Aus-neation of regional areas one of the most impor- tralian delegation 1 with reference to sub-para-,tant decisions to be taken by the Health Assem- graph 3 (b).The Australian proposal for sub- bly.It was a decision in which all Governments mission of the provisional agenda and documentswould participate, and one in which the Govern- to members of the Organization at least six weeksments affected would certainly want to have their before the first session of the Health Assemblyviews considered. had reference to a point which had not been It was true that the Interim Commission would overlooked by the Special Sub-Committee, whichdo no more than make recommendations to the felt that it would be a good amendment to adopt.Health Assembly, but those recommendations The amendment just proposed by the Ethiopianmight go a considerable way towards crystallizing delegate had a bearing on the same point, butthe whole question.The proposed amendment suggested a period of three months instead ofhad been drafted in elastic terms so as to leave six weeks. considerable discretion with the Interim Com- mission as to which Governments they should Mr. TESEMMA (Ethiopia) said he had no objec-discuss the matter with. tion to the proposal of the Australian delegation, Mr. Tange added that the proposed clause related merely to the study of geographical areas 1 The amendment submitted by the Australianand did not concern the location of the central delegation was as follows : headquarters.The text might be passed to the " Paragraph 3(b). - After' recommenda-Drafting Committee. tions relating thereto 'add which shall be submitted to members of the Organization at least six weeks before the first session of the Assembly. Such documents shall include :' Mr. YATES (United Kingdom) recalled, with a " (i) unchanged ; view to facilitating the discussion, that the report " (ii) add at the end of sentenceand tobefore the meeting had been produced under views of members of possible regions which conditions of great haste and consequently had are not represented on the Interim Com-not been through the usual processes of mission whoshallbeconsultedwhere appropriate debate, amendment and improvement.Further- " (iii)(new) draft financial and staff regula-more, there had been no basic text of the Tech- tions for approval by the Assembly." nical Preparatory Committee to work on. FOURTEENTH MEETING - 83 - 18 JULY 1946

He suggested that those points might be borneand that the agreement, in fact, would be con- in mind and that the Central Drafting Com-cluded by the Organization after it had come into mittee might be given rather wider terms ofbeing. reference than had been considered appropriate in the case of the Constitution.Thus, delegates Dr. SZE (China) said that the delegate of the would be able to confine themselves to pointsUnion of South Africa had suggested the substitu- of substance. tion of " Economic and Social Council "for " United Nations ". The CHAIRMAN Supported the remarks of the delegate of the United Kingdom, and himself The SECRETARY suggestedthattheterm requested delegates to limit themselves to the" United Nations ", which had been used in the substance of the text, leaving wide powers tooriginal text, seemed the proper one to use. The the Central Drafting Committee in regard toUnited Nations included not only the Economic drafting. and Social Council, but also the Secretariat of the The amendment proposed by the AustralianUnited Nations ; and a great part of the agree- delegation to Clause (ii) of sub-paragraph 3 (b),ments with the different organizations would be having been duly seconded, was put to thecontracted between the Secretariat of the Organ- meeting and adopted without a dissentient voiceization and that of the United Nations. Therefore, [2 (b) he believed it desirable to use a more general wording. Dr. SZE (China) pointed out that the Australian delegation had proposed the addition to para- The CHAIRMAN saidthattheRapporteur graph 3 (b) of a third sub-clause which wouldagreed with the interpretation of the Secretary. read, " draft financial and staff regulations for approval by the Assembly ". Mr. GEAR (Union of South Africa) said he was The Sub-Committee had considered that thewilling to withdraw his amendment in favour of portion of paragraph 3 (b) relating to the pro-the term " Article 57 of the Charter of the United visional agenda and documents would cover theNations ", which he thought would make the point, but was agreeable to including the pro-text legally correct. posed new section.He suggested, therefore, that if there was no objection, the amendment be Dr. SZE (China) felt that there was no real passed on to the Central Drafting Committee fordisagreement on the point ; he suggested that it incorporation in the text. be left to the Central Drafting Committee to The Australian delegation's proposed amend-indicate the proper article. ment of paragraph 3 (b), by the addition of a It was unanimously agreed that the points third sub-clause along the lines indicated byraised by the delegates of Canada and the Union Dr. Sze, was adopted unanimously [2 (b) (iv)]. of South Africa be referred to the Central Drafting A suggestion by the delegate of the Union ofCommittee. South Africa that the words " June 1946 " be inserted in clause (ii) of sub-paragraph 3 (b) after Sub-paragraph 3 (d)[2 (d)] read : " International Health Conference " was referred . . .to enter into the necessary arrange- to the Central Drafting Committee. ments with the United Nations for the transfer to the Interim Commission of the functions, Sub-Paragraph 3 (b)[2 (b)], as amended, was activities and assets of .the League of Nations unanimously adopted as a whole. Health Organization which have been assumed Sub-paragraph 3 (c)[2 (c)] read : by the United Nations ". . . .to enter into negotiations with a view to concluding an agreement or agreements Mr. YATES (United Kingdom) said he felt it with the United Nations as contemplated inhad been the common intention not only that Article 63 of the Charter of the United Nationsarrangements should be made with the United and in Article. . . ofthe Constitution of theNations about the League of Nations Health Organization ;such agreement or agreementsOrganization and its activities, but that those shall arrangements should be carried into effect.He " (i)provide for effective co-operation be-suggested that the sub-paragraph should begin, tween the two organizations in the pursuit" in agreement with the United Nations, to take of their common purposes, all necessary steps to effect the transfer. . .". " (ii)facilitate, in conformity with Article 58 It was agreed that the suggestion of the United of the Charter, the co-ordination of theKingdom delegate be referred to the Central policies and activities of the OrganizationDrafting Committee, and the sub-paragraph, with with those of other specialized agenciesthis amendment, was unanimously adopted. and, Sub-paragraph 3 (e)[2 (e)] read : " (iii)atthesametimerecognizethe autonomy of the Organization within the " ...subject to and with a view to executing field of its competence as defined in its the provisions of the Protocol concerning the Constitution ". Office International d'Hygiene Publique signed . . .July 1946, to take the necessary steps Mr. CôTe (Canada) thought that the sense of forthe transfertotheInterimCommis- the opening lines of sub-paragraph 3 (c) should sion of the duties and functions of the (Vice, be, rather, " to enter into negotiations with a and to initiate any action necessary to facilitate view to the preparation of an agreement. . .", the transfer of the assets of the Ofiice to the 18 JULY 1946 - 84 - FOURTEENTH MEETING

World Health Organization upon the termina- Mr. YATES (United Kingdom) observed that tion of the Rome Agreement of 1907 ". since the production of the Sub-Committee's report the plenary session had approved the report The CHAIRMAN invitedDr. M. T. Morgan,of the Legal Committee, which had proposed an President of the Permanent Committee of thealternative text on the Interim Commission's Office International d'Hygiène Publique, to speak.relations with UNRRA. He suggested that the Dr. MORGAN said he had read the text of sub-Central Drafting Committee should be free to paragraph 3 (e) with great interest, and he assuredtake both texts into consideration in drawing up the Conference that he would do his utmost,the final one. within the limits of his power as President of the The proposal of the United Kingdom delegate Permanent Committee, to give effect as rapidlywas adopted, and sub-paragraph 3 (/) [2 (/) ] was and efficiently as possible to the measures envi-approved. saged. There was, however, one point on which he Sub-paragraph 3 (g) [2 (g)] read : would welcome the opinion of the Conference. . . .to enter into the necessary arrange- The text referred to the taking over eventually ments with the Pan American Sanitary Organ- by the World Health Organization of the assets ization and other existing inter-governmental of the Office ; but, unless the text was held so to regional health organizations with a view to imply, would it not also be reasonable to assume giving effect to the provisions of paragraph.. . that the liabilities, if any, should also be taken of Article . . .of the Constitution, such ar- over ?He was not speaking lightly on the rangements to be subject to approval by the point because, as President, he was anxious for Health Assembly ". the well-being of the staff of the Office, in the light of the proposals under consideration. Dr. GUZMAN (Venezuela) said he would like to He was well aware that the text of paragraphmake, with regard to the staff of the Pan Ame- 7 [6] of the Sub-Committee's report referred to ricanSanitary Bureau, the same requestas the desirability of recruiting available personnelDr. Morgan had made with regard to the staff of existing international organizations, and in of the Office.He believed that such a request his view, the terms of that paragraph could notwas only just, in view of the service-extending reasonably be expected to go further than that.over more than fifty years-given by the Bureau. However, the Office had been in existence for The CHAIRMAN said that the same statement as many years, and some of the staff were nowhad been made by the Chair in regard to the enjoying a well-deserved retirement under itsOffice might be made in connexion with the Pan pension scheme, to which all had paid annualAmerican Sanitary Bureau. contributions.He believed that the Conference would agree unanimously that those pensions must M. Nisur (Belgium) recalled that it had been be made secure, and that such of the active staffstated at the beginning of the meeting that there as were not recruited into the new servicewould be both a resolution and an interim agree- should receive just and fair compensation for lossment for the establishment of the Interim Com- of office.It might happen-he did not say thatmission.The Belgian delegation would like to it would happen-that the funds available in theknow whether the resolution would come into Office might not be sufficient to honour thoseforce immediately-i.e.,- prior to the coming into obligations.It was for those reasons that heforce of the interim agreement-and secondly, ventured to ask the Conference to support himwhether the resolution would be effective even in carrying out the obligations of the Office inwith regard to those States that did not accept that respect. the interim agreement. The CHAIRMAN felt that Dr. Morgan could be Mr. CÔTÉ (Canada) said that some of the legal assured, b3, the generous applause of the delegates,members of the Central Drafting Committee had that he had their full sympathy.He thoughtbeen faced with the same problem as the delegate that the Interim Commission, when convened,of Belgium had raised.He thought that the would reflect the opinion of the Conference andconsensus, along broad lines, was that the resolu- take into due considerationthe points thattion would come into effect before the Conference Dr. Morgan had made. was dissolved by signature of the Constitution, There being no further discussion, sub-para-and that, secondly, broadly speaking, the interim graph 3 (e) [2 (e)] was adopted unanimously. arrangement would give legal basis in the inter- national world for the resolution.It was visua- Sub-paragraph 3 (/)[2 (/)] read : lized that the resolution might be very simple, to enter into the necessary arrange-as such, and include only, say, the members that ments with the United Nations Relief andwould constitute the Interim Commission.The Rehabilitation Administration for the assump-interim arrangement-i.e., the international in- tion by the Interim Commission of the dutiesstrument-would incorporate that resolution and, and functions entrusted to the Administrationin legal form, the detail discussed at the present by the Sanitary Conventions of 1944 and themeeting, thus giving legal ground for the actions Protocols signed on 30 April 1946 to prolongtaken by the eighteen States which would con- these Conventions, acting in pursuance of thesestitute the Commission. Protocols and of paragraph 2 of the Protocol of. . . July 1946 ". The meeting rose at 12.45 p.m. FIFTEENTH MEETING - 85 - 18 JULY 1946

FIFTEENTH MEETING Held on Thursday, 18 July 1946, at 2.15 p.ni., Hunter College, The Bronx, New York City. Chairman:Dr. G. H. DE PAULA SOUZA (Brazil).

1. Report of the General Committee on theprinciple of an equitable geographical distribution Questions of the Appointment of Four Furtherand according to the needs of the Assembly. He Members of the Interim Commission. enquired whether the representative of Byelo- russia desired to substitute Poland for another The CHAIRMAN stated that the General Com-European country - in which case it would be mittee had reached a decision on the questionthe Ukrainian SSR - or whether he would of the four new members to be appointed to thelike to add Poland to the other members of the Interim Commission. He called on Dr. Krotkov,Interim Commission. Such an addition would be who had presided at that morning's meeting ofoutside the framework decided on. The Ukraine the General Committee, to present the report onhad been taken into consideration by the General the subject. Committeeasoneofthemostdevastated countries in Europe. Dr.KROTKOV (UnionofSovietSocialist He added that the principle he had mentioned Republics) said that the General Committee hadin respect of Poland would also apply to Cuba, if made a firm decision on principle, and had decided by majority vote to recommend that the fourCuba should be substituted for Mexico. further vacancies on the Interim Commission be filled by representatives of the four continents Mr. EVSTAFIEV (Byelorussia) explained that his ofAfrica,Australasia, America and Europe.proposal was that Poland should be included The Committee further recommended that Aus-instead of Australia. tralasia be represented by Australia, America by Mexico, Africa by Liberia, and Europe by the Ukrainian SSR. Dr. EVANG (Norway), while expressing great sympathy for the proposals for the inclusion of The CHAIRMAN added that the nominationsCuba and Poland, felt that good arguments could just mentioned by the delegate of the Union ofbe advanced also for the membership on the Soviet Socialist Republics had been approvedInterim Commission of many other countries. unanimously by tbe members of the General However, there were only eighteen seats available, Committee. and the question could not be mathematically determined.The General Committee had felt Dr. BUSTOS (Chile) suggested that the regionvery happy to reach a unanimous decision, and of Central America and the Antilles should alsohe strongly urged delegates not to bring up the be represented among the nominations ; and ifquestion as a major one at the present late hour that suggestion were adopted he would recom-of the Conference.They should also bear in mend Cuba for such representation. mind that the Interim Commission would be only a temporary body.He thought that the Mr. EVSTAFIEV (Byelorussia)said that themembership suggested, even though it might be decision that the eighteen members of the Interimopen to criticism, was at least one of the best Commission must be selected according to a fairthat could be found. geographical distribution and to the needs of the future Organization was one reflecting the opinion Dr. SANTAMARINA (Cuba) expressed his thanks of the vast majority of the Conference. Theto the delegate of Chile for having nominated Byelorussian delegationconsidereditentirely satisfactory that the members of the GeneralCuba for membership of the Interim Commission. Committee should be appointed to membership of the Interim Commission, but felt it of great Dr. STAMPAR (Yugoslavia)said he was in importance to have represented also countries offull sympathy with the proposal of the delegate Europe that had suffered most from the war andof Byelorussia, although it was difficult to select were now confronted with the tasks of healthmembers out of more than sixty States. restoration in their territories. He therefore All were aware of the part that Poland had suggestedthatthefouradditional membersplayed in the struggle for freedom and of that should include Poland, one of the first countriescountry's excellent work in organizing extremely to suffer from the devastation of the Second Worldgood health centres in the years between the War. wars, but the question of a proper distribution Mr. Evstafiev added that it should not beof geographical regions was a difficult one.The forgotten that the Interim Commission was to Interim Commission was authorized to establish work for one year only, after which period thea number of committees to deal with important question of membership would be reconsidered.public health questions, and he felt that one of the primary tasks would be to establish a special The CHAIRMAN said that the General Commit-committee to deal with problems of health in the tee had made its decision unanimously, on thecountries devastated by war. 18 JULY 1946 - 86 - FIFTEENTH MEETING

Thepresentarrangementwould beonlyNations that already had a place on the Interim temporary ; and he was sure that all would agreeCommission. If that should be the case, that that in the years to come Poland would be electedcountry could be removed from the membership to sit on the Board of the Organization. It wouldlist, and Cuba substituted for it. also, he felt, be generally agreed that Poland should play a most important role on the corn- The CHAIRMAN declared that if one of the rnittee dealing with public health problems inmembers of the Interim Commission was ap- the war-devastated countries ;there appearedpointed Executive Secretary, he would automati- therefore to be plenty of possibilities of satisfyingcally be made an international official and would those countries which were not elected at thecease to be the representative of any country. present time to membership of the Interim Commission. Dr. THOMEN (Dominican Republic) felt that not only the Executive Secretary would lose his Dr. VALLARINO (Panama) recalled that at thenationality on assuming that position ;all the previous meeting the delegate of the Dominicanmembers of the Interim Commission would become Republic had proposed that in making the fourinternational officials working for the good of the nominations the General Committee should take Organization as a whole, and no longer representa- into account the name of Chile.It was not histives of their own countries. understandingthatthatproposal had been followed. Dr. Busros (Chile) requested an interpretation Since the start of the Conference nine countries from the Chair on the question whether, in of Central America and the Caribbean had beenelecting the four members, the Conference would present and had been given no representationbe electing persons or States. whatsoever on any of the committees.If there was to be equitable geographical distribution, a The CHAIRMAN said that in his view the Con- place on the Interim Commission should be givenference would be electing States, which, in their to one of the Central American countries.Itturn, would appoint their representatives on the was regrettable that more places were not avail-Interim Commission, and those representatives able for the countries that had suffered the would act on behalf of the whole Health Assembly. ravages of war, but he believed that the presentThe Executive Secretary would be an officer of question was rather one of geographical represen-the Organization. tation. He understood that the delegate of Chile did Dr. EvANG (Norway) moved the closure of not intend to exclude anyone from the list ofthe debate. nominees, but was proposing rather that Cuba be included among the nominees for the Interim M. Nisur (Belgium) seconded the proposal. Commission.The Panamanian delegation sup- ported that nomination, and proposed further Mr. DE OLIVEIRA-CAMPOS (Brazil) also supported, that all nominations from the floor be aCceptedadding the suggestion that a decision should be and voted upon by the Conference. taken on the proposal to enlarge the membership of the Interim Commission to nineteen members. Dr. SHEN (China) fully supported the statements made by the delegates of Norway and Yugoslavia. The CHAIRMAN ruled that the suggestion made He appealed to the Conference to display againby the delegate of Brazil was not a point of order. the confidence in the General Committee which ithad already demonstrated, and toaccept The motion for closure was put to a vote and unanimously that Committee's decision as tocarried. the four additional members, even although it might not be considered a perfect decision by The CHAIRMAN then put to the meeting the all delegates. question of which of the proposals now before it should first be voted upon. Mr. YATES (United Kingdom) said the United Kingdom delegation had taken the same general It was decided by 29 votes to 7 that the proposal approach to the question as the delegates ofby the delegate of China should first be voted Norway and China.From the point of view ofupon. equitable geographical distribution, he thought it ought to be emphasized that the list recom- Dr. BUSTOS (Chile) felt that the proposal of the mended by theGeneral Committee alreadydelegate of China was not an amendment but the contained the names of six European States.original text itself, the only amendment before He feltit most important that the list shouldthe meeting being that of the delegate of Panama. include a representative of the vast Austral- Pacific area, and strongly supported the nomi- Dr. EVANG (Norway)consideredthat the nation for that area made by the General Com-vote just taken had decided that the proposal of mittee. the delegate of China should first be voted upon. The United Kingdom delegation was at the same time fully in accord with the method of Dr. BUSTOS(Chile)proposed that alegal settling the question by a ballot suggested by theexpert should decide whether or not the proposal delegate of Panama. of the delegate of China was an amendment. Dr. THOMEN (Dominican Republic) observed The CHAIRMAN said that the question had that the Executive Secretary of the Interimalready been voted upon and decided by 29 Commission might be a member of one of thevotes to 7. FIFTEENTH MEETING - 87 - 18 JULY 1946

Dr. VAN DEN BERG (Netherlands) supported Dr. SZE (China), Rapporteur of Committee IV, the remarks of the delegate of Norway and con-said he had been asked to bring to the attention sidered that the meeting had not an amendmentof the Conference a comment by the delegate of beforeitbut two equal proposals ;henceitthe Union of South Africa to the effect that if could decide which of them should first be voted any special or United Nations bodies were spe- upon. cifically mentioned, the ILO, FAO and UNESCO should be included. On behalf of the Sub-Com- The CHAIRMAN then put to a vote the proposalmittee, Dr. Sze explained that the point had of the delegate of China that the General Com-already been taken into consideration, and the mittee's recommendation of Australia, Mexico,members had felt that it was covered in the text Liberia and the Ukraine as the four additionalalready approved. members of the Interim Commission be accepted. The delegate of the Union of South Africa The proposal of the delegate of China wassignified that he was satisfied with the explanation carried by 33 votes to 6. given by Dr. Sze. Mr. TANGE (Australia) said that, in view of Sub-paragraph 3 (r) [2 (I)] was then approved the stand taken by Australia on the question ofwithout alteration of the text. his voting atthe previous plenary meeting, Sub-paragraph (m)[a(m)] was approved delegation had abstained from voting on thewithout discussion. last motion. Dr. TOGBA (Liberia) expressed the appreciation Dr. SZE (China) said that the delegate of the of Liberia on being elected to the Interim Com-Union of South Africa had suggested the inclusion mission and said that his country would do herof an additional function :" to secure the signing bestto discharge the responsibility bestowedand ratification of the Convention and Protocols upon her. by such States as had not so signed ". Dr. Sze explained that the Committee had Dr. MONDRAGÓN (Mexico) expressed similar considered that matter to be a routine function appreciation, and assured the Central and Southof the Interim Commission, and had felt that it American nations that Mexico would always havewas not necessary to mention it specially. their interests in mind. The delegate of the Union of South Africa Dr. MEDVED (Ukraine), in thanking the Con- accepted Dr. Sze's explanation. ference for the honour bestowed upon his country, expressed full confidence that the representatives Dr. SZE (China), passing on to paragraph 4 of the Ukrainian SSR on the Interim Com- [,3], said that two small drafting changes should mission would do their best for the promotion be made in the text, which should read : of health throughout the world. " The Interim Commission may establish such committees as it may consider desirable ". Dr. SANTAMARINA (Cuba), as one of the Central American and Caribbean representatives, thanked Paragraph 4 [3] as so worded was approved. the delegate of Mexico for his remarks, adding Paragraph 5[4] was approved without dis- that the representatives on whose behalf he cussion. was speaking had already felt assured of the wholehearted support and friendly interest of the Paragraph 6 [5] read : Mexican representative, and also of those of the " The Interim Commission shall appoint an United States of America and Venezuela. Executive Secretary who shall : The CHAIRMAN announced that the membership " (a) Be its chief administrative and tech- of the Interim Commission would comprise the nical officer ; fourteen members of the General Committee, " (b) Be ex officio secretary of the Com- together with Australia, Mexico, Liberia and mission and of all committees established the Ukraine. by the Commission ; He felt that in respect of geographical dis- "(c) Have direct access to national health tribution the representation was a very fair one administrations in such manner as may be and that there had also been a happy choice of acceptable to the competent authorities of countries.He congratulated the Conference on the Government concerned ; and having made an excellent selection. " (d) Exercise such other powers and duties as the Commission may determine ". 2. Resumption of Consideration of the Report Dr. Sze added that the delegate of the Union of the Special Sub-Committee on Interimof South Africa had suggested the inclusion in Arrangements. clause (b) of a sentence reading, " The Executive Sub-paragraphs (h), (i), (i) and (k) of para-Secretary may, with the approval of the Com- graph 3 [2, (h)o (kJ] of the Special Sub-Com-mission,delegatehisfunctions ". The Sub- mittee's report were approved without discussion. Committee, in considering the same point, had felt that the Executive Secretary would as a Sub-paragraph (r) [2 (I)] read : matter of course have the right to delegate such . . to establish effective liaison withfunctions. the Economic and Social Council and such The delegate of the Union of South Africa did of its commissions as may appear desirable, innot insist on the inclusion of his amendment, particular the Narcotics Commission ". which was accordingly withdrawn. 18 JULY 1946 - 88 - FIFTEENTH MEETING

Dr. SZE (China) said that the delegate of as often as be necessary to conduct its business, Australia had suggested in sub-paragraph (c) but not less than once in every four months, [5(c)]the substitutionof" members "for until the first session of the Health Assembly ". " competent authorities of the Government con- cerned ".Dr. Sze added that the Secretary had pointed out that the change proposed was more Dr. SZE (China) said the Australian delegation than a matter of drafting. The words " competenthad suggested as an amendment that the Interim authorities of the Government concerned " were Commission should meet once in every two months. meant to be wider than " members ", and toThe Sub-Committee, however, had felt that it include non-member Governments. He suggestedwould be unwise to bind the Commission to thatif the delegate of Australia agreed, thatmeet more often than every four months. wider sense should be retained. The delegate of Yugoslavia had suggested the The delegate of Australia agreed to the sug-inclusion of a sentence to the following effect : gestion of Dr. Sze. " The placeforfurther meetings of the Paragraph 6 [5] was thereupon approved. Interim Commission will be decided at the end Paragraph 7 [6] read : of each session of the Commission ". " The Executive Secretary, subject to the general authority of the Interim Commission, Dr. Sze felt that the latter amendment was in shall appoint such administrative and technicalline with the general discussions of the Sub- staff as may be required.In making theseCommittee, and he recommended its inclusion. appointments, he shall pay due regard to the principles laid down in paragraph . . . of Article. . .of the Constitution of the World Dr. TANGE (Australia) agreed to withdraw his Health Organization.He shall further takeamendment, in the light of the explanation by into consideration the desirability of appointingDr. Sze. available personnel from the staffs of the League of Nations Health Organization, the The amendment proposed by the delegate of Office Yugoslavia was adopted without dissent. Internationald'HygienePublique,andthe UNRRA Health Division.He may appoint Paragraph 8 [7], as amended, was adopted. officialsandspecialists made available by Governments. Pending the recruitment and Paragraph 9 [8] read : organization of his staff, he may utilize such technical and administrative assistance as the " The expenses of the Interim Commission Department of Social Affairs of the Secretariat shall be met from funds provided by the United of the United Nations may be in a position to Nations, and for this purpose the Commission offer ". shall make the necessary arrangements with the appropriate authorities of the United Nations ". Dr. SZE (China) stated that the Australian delegation had suggested the substitutionof Mr. YATES (United Kingdom) said that under " Secretary-General 'for " Department of Socialthe arrangement proposed, the General Assembly Affairs " of the Secretariat. The point had beenof the United Nations would have to vote the discussed by the Sub-Committee, which hadfunds for the Interim Commission for 1947 at used " Department of Social Affairs " becauseits session in September. As it would be difficult that term appeared in the documents of theat that time to decide how much money the Economic and Social Council. Commission would need, or how long it would last, he proposed that the paragraph be amended to read : Mr. TANGE (Australia) felt that the document now under discussion should specify the head " The expenses of the Interim Commission of the Secretariat of the United Nations rather should be met from funds or loans provided than one of the sections under his control. While by the United Nations, and for this purpose the the greater part of the assistance given to the Commission shall make the necessary arrange- Executive Secretary would, no doubt, come from ments with the appropriate authorities of the the Department ofSocialAffairs,assistance United Nations.Should these funds or loans might be required from other sections of the be insufficient for the purposes of the Interim Secretariat, and he felt that it was more formally Commission,theInterim Commission may correct to use the term " Secretary-General ". acceptadvancesfromGovernments,such advances to be set off against the contributions The amendment proposed by the Australian totheWorld HealthOrganization,when delegation was accepted without dissent. established, by the Governments concerned ". Paragraph 7, as amended, was approved [6]. Paragraph 8 [7] read : Dr. HAKIM (Lebanon), while not objecting to " The Interim Commission shall hold itsthe proposal of the United Kingdom delegate, first meeting in New York immediately aftersuggested that the phrase " funds or loans " in its appointment, in accordance with paragraphthe first sentence should be redrafted as " ap- I of- this resolution, and shall meet thereafterpropriations or loans ".The second sentence FIFTEENTH MEETING - 89 - 18 JULY 1946 might then begin, " Should these funds prove The recommendation of Dr. Sze was adopted to be insufficient. . .". without dissent. The report of the Special Sub-Committee on Dr. SZE (China) suggested that the draftingInterim Arrangements was unanimously adopted points made by the delegate of Lebanon be re- as a whole, as amended. ferred to the Central Drafting Committee. He supported the amendment proposed by the United Kingdom delegate and considered it a3. Resolution Concerning the League of Nations wise principle to include such a wording as Health Organization. " should by any chance sufficient funds from the United Nations not be available ". Dr. SZE (China) read to the Conference the The proposed amendments to paragraph 9following resolution concerning the League of [8]were approved, and the paragraph wasNations Health Organization which had been referred to the Central Drafting Committee. prepared by Committee IV. Paragraph ro [9] was approved without dis- " The Conference notes with gratification the cussion. steps already taken by the Secretary-General of the United Nations to provide temporary Paragraph II [x.r] read : machinery for carrying on the remaining acti- " The Interim Commission shall cease to vities of the League of Nations Health Organiza- exist upon the assumption of office by the tion, as recommended in Resolution V of the Director-General of the Organization, at which Technical Preparatory Committee on 5 April time the property and records of the Com- 1946, and requests the Secretary-General of mission, and such of its staff as the Director- the United Nations, in order to avoid duplica- General may require, shall be transferred to the tion of functions, to make the necessary arrange- Organization ". ments for transferring to the Interim Commis- sion of the World Health Organization as soon Mr. CÔTÉ (Canada) said that if paragraph II as possible such functions of the League Health were adopted as it stood, there might be, during Organization as have been assumed by the the first session of the Health Assembly, two United Nations Secretariat." concurrent executive boards,defacto: the Interim Commission and the Executive Board, The resolution was unanimously approved. both consisting of eighteen members-because accordingtotheConstitution,theDirector- General could not be appointed until he had been4. Proposal by the Canadian Delegation with nominated by the Executive Board. He suggested, regard to Voting. therefore, in order to give the Organization more Mr. CÔTÉ (Canada) recalled that an amendment flexibility, the insertion of a provision to theto Section XIV [1-3] of the Constitution, in the effect that the Interim Commission would ceasereport of Committee II, had been proposed by to exist upon resolution by the first session ofthe Canadian delegation and adopted at the the Health Assembly. tenth plenary meeting. In reply to a point raised by Dr. Shen (China), Dr. SZE explained that the amendment proposed During the drafting of the text on the basis by the Canadian delegation was designed to of that decision, the following sub-paragraph had avoid the co-existence of two executive boards.been added : As Rapporteur he supported that proposal. " The voting on analogous matters of the The amendment proposed by the Canadian Board and in committees of the Organization delegation to paragraph II was adopted without shall be made in accordance with paragraphs dissent and referred to the Central Drafting (a) and (b) of this Article ". Committee. However, in attempting to bring the wording Dr. SZE (China) brought to the attention ofinto precise accord with the original decision of the meeting a proposal by the delegation of thethe Preparatory Technical Committee, the Central Union of South Africa similar to that made byDrafting Committee had drawn up an article the delegate of Ethiopia :that reference shouldmuch more restrictive than had been the intention be made to the furnishing by the Interim Com-of the Paris draft, which had proposed that all mission of some general report on its activities.decisions of the Conference, of the Board, of Committees and of conferences should be taken The proposal of the delegation of the Union ofby a majority, except where otherwise provided. South Africa was adopted without dissent [ro].The text as now drafted, however, made the votes which the Health Assembly was required Dr. SZE referred to a proposal made earlier byto take by a two-thirds majority, binding also the delegate of Ethiopia for a clause providingupon the Board, committees and conferences. for the eventuality of the Constitution's failingHe suggested, therefore, the deletion of the sub- to enter into force. He felt that such a suggestionparagraph he had quoted, relying upon the fact would be pessimistic, and even defeatist, andthat when the Health Assembly was established out of keeping with the spirit of the Conference ; it would draw up its rules of procedure, and therefore, he recommended that such a clause bemight then decide how committees should be not included. operated. 19 JULY 1946 - 90 - SIXTEENTH MEETING

Dr. HAKIM (Lebanon) thought the questionmittee, which had legal advisers, and rely on should be left to the legal experts. He suggested,them to settle the question, so that each article however, that since the Paris text asked only forwould be according to the general spirit of the a simple majority, an addition should merely beConference and the decisions taken. made to the effect that decisions of the Council It was agreed to refer the matter to the Central should be made by a simple majority of theDrafting Committee inaccordance with the members present and voting. Chairman's suggestion. Dr. MEDVED (Ukraine) declared that as the subject had been fully discussed and a decision On the proposal of Dr. GARCIA-MALDONADO taken, it should not now be reopened. (Venezuela) a vote of confidence and appreciation was given to the Chairman. The CHAIRMAN thought it would be wise to refer the matter to the Central Drafting Corn- The meeting rose at 5.45 p.m.

SIXTEENTH MEETING Held on Friday, 19 July 1946, at io a.m., Hunter College, The Bronx, New York City. Chairman 1: Dr. J. PARISOT (France).

1. Statements by Observers. At this point, owing to a prior engagement, the Chairman turned over his office to Dr. . Shen (China). The CHAIRMAN invited the observers to make any remarks they might wish with respect to The CHAIRMAN(Dr.Shen)recognizedthe the Constitution. observer from Finland. Dr. TURPEINEN (Observer from Finland) ex- Dr. ORAHOVATZ (ObserverfromBulgaria) expressed the thanks of his Government for havingpressed sincere appreciation on behalf of his been invited to the Conference, and assured theGovernment for the invitation to the Conference. delegates of 's willingness to co-operateIt had been a privilege to take part, even in a He addedless active manner, in the moulding of the Con- in all international public health work. stitution of the World Health Organization.He that he had informed his Government that in hisalso thanked the delegates of the United Nations opinion the Constitution of the World HealthMember States for their fraternal attitude towards Organization, as prepared by the Conference,the observers. would be acceptable. The Constitution was an achievement of which the active participants in the Conference could be Dr. MACCORMACK (Observer fromIreland) justly proud, and he congratulated them on the congratulated the Conference on the great workgood results of their labours.He also expressed it had done.The delegates, in achieving una-satisfaction with the final form of the chapter nimity, had set an example which he hoped theon membership, which would enable such coun- politicians would follow.That unanimity hadtries as Finland to join the World Health Organ- not been arrived at without sacrifices and con-ization on equal terms with the Member States cessions on the part of everybody. of the United Nations.His Government had The Conference had had not only a commonindicated its intention to become a member of objective, but also something more-a real faiththe Organization in the very near future.He in and a love of their life's work.The sacrificesonly hoped that the necessary credentials would made for the sake of unanimity had not gonearrive in time for him to participate in the signing unnoticed ; and he looked forward to the timeof the Constitution on Monday. when future generations would bless the names of Just as Finland had participated in inter- the men who had attended the Conference, notnational public health work in the past, so was alone for what they had done for the improvementshe now anxious to do her share and to profit of health and living conditions, but also for havingfrom the experience of other nations, through the given to the world an example which, if followed,World Health Organization. would result in real peace. He expressed sincere appreciation of the atti- Dr.KLosr(Observer from Albania),after tude shown by the Conference towards theexpressing thanks for the opportunity of speaking, observers. said he had followed the work of the Conference with the greatest interest, and believed that the results held hope for all humanity. 1 Dr. Parisot presided for a short period only, the Chair being occupied for the remainder of the The ravages of the war had made health work meeting by Dr. Shen (China). particularly important at the present time, and SIXTEENTH MEETING - 91 - 19 JULY 1946

he felt confident than the countries which hadship rights to such States.He had asked Trans- suffered less would assist those that had beenjordan to empower him to sign the Constitution especially hard hit. and expected confirmation at any moment. In Albania, the restoration of good health While grateful for the opportunities he had conditions, although it had been started, was abeen given of speaking on various subjects, difficult task, and it would be a long time before Dr. Tutunji regretted that his suggestion of world- public health again reached a satisfactory level.wide birth control as a prophylaxis against over- In that connexion, he hoped that Albania wouldpopulation and war had not been given due receive the necessary co-operation. consideration, owing to religious and legal diffi- culties, which he fully appreciated. The neglect He assured the Conference that he would fullyof the suggestion at a time when one-third of the inform his Government on the work done andworld's population was threatened by famine the Constitution adopted. and 300,000 under one year of age died annually in the United States of America - the Dr. EUGSTER (Observer fromSwitzerland) richest country in the world - because of large stated that although the Swiss delegation hadfamilies and consequent inadequate care, not spoken thus far,it had followed all thewas heart-breaking indeed. activities and discussions of the Conference with As an observer he had not been able to present thegreatestinterest.Heexpressedsincerethat suggestion for incorporation in the Constitu- thanks in the name of his Government to thetion, and no Member State had stood up to defend Economic and Social Council for the invitationthe noblecause.He leftthe judgmentto extended to Switzerland, and also thanked the posterity. Conference for its warm welcome of the repre- sentatives of States non-members of the United Dr. TAMTHAI (Observer from Siam) said he was Nations and its friendly attitude towards them.very happy to see that at last the world would He was particularly gratified that the decisionshave a single organization to look after the health of the Conference had made it possible for theof all.On behalf of his Government he con- StatesbelongingtotheOfficeInternationalgratulated the delegates on their splendid achieve- d'Hygiène Publique to join the World Healthments and expressed his thanks and appreciation Organization without violating the Rome Agree-to the Conference for allowing Siam to be a ment. member of the Health Assembly, in the work of Finally, he thanked the Secretary of the Con-which his country would co-operate fully. ference for the excellent and efficient work he had done to ensure its success. Dr. CANAPERIA (Observer from Italy) said he Switzerland wished to state that it would co-had very much enjoyed the discussions, and operate fully in the work envisaged by the Confer-considered the Constitution the best that could ence for the benefit of humanity and of peace,have been created, a fact which was due to the and the Swiss Government had authorized itsoutstanding men who had contributed to it. delegation to sign the Constitution of the World He expressed the Italian Government's ap- Health Organization. preciation of having been invited to attend the Conference, and gave assurance that Italy would fully co-operate in the work of the Organization. Dr. TUTUNJI(Observer from Transjordan)His Government had authorized and instructed said his country was practically unknown to mosthim to sign the Constitution and protocols. of the delegates, having come into existence In conclusion Dr. Canaperia said how grateful fifty-four days ago.He traced the history andhe was for the kindness shown to - him.He evolution of Transjordan, which had been underbelieved that the work of the Conference would British mandate for a quarter of a century ; andprove to be of enormous value in building up as Director of Health, he considered it a sacredbetter and happier lives, a condition essential to duty to thank the United Kingdom for the goodthe peace and security which all desired. she had done for Transjordan from the point of view of health. Dr.CARRASQUEIRO CAMBOURNAC (Observer He also expressed the deep gratitude of hisfrom Portugal)associated himself with other country to all the Powers, especially the Unitedobserversinexpressingappreciationofthe States of America, which had acknowledged itsinvitation to attend and of the cordiality shown independence, and he cordially appealed to theto him by delegates.The work already accom- States that had not yet done so to make similarplished was full of promise and would, he felt recognition. sure, lead to a great improvement in the health Dr. Tutunji added that Transjordan had appliedof peoples all over the world. to the Security Council of the United Nations for membership, and he trusted that that request Dr. LONG (Pan American Sanitary Bureau) said would be accepted.He thanked the United Na-that although he had not been able to attend the tions for having invitedobservers from theConference from the beginning, he had followed independent non-member States to the presentits progress with a great deal of interest.He Conference, and he was grateful to the Conferencethought that all were interested in seeing uni- for having made possible the granting of member-formity of procedure throughout the world and 22 JULY 1946 _ 92 SEVENTEENTH MEETING the steps now being taken seemed to be the way The CHAIRMAN thanked the representatives and by which it could be obtained. observers of the non-member States and the For the past twenty-three years he had beeninternational organizations and other authorities working in the countries of the Pan Americanwho had participated in the present meeting, and Union as consultant, adviser, friend, and in anyin the debates of the working committees.The other possible way, to help in improving sanitaryConference was grateful for the many encouraging conditions.Progress in those countries in regardand kind words spoken about its work and for to sanitary matters had been extremely rapid.the promises of co-operation and participation At the start of the work, none of those countriesin the World Health Organization made by those had had Ministers of Health, but today they allrepresentatives and observers. had such ministers or their equivalents ; and all ministries were working industriously and sin- cerely, and with as much efficiency as the avail-2. Tributes to the Interpreters. able appropriations would permit. He pointed out further that while formerly The CHAIRMAN read to the meeting a statement most of the ports of the Western Hemispheresigned by the delegates of Panama, Cuba, Para- countries had been infected withplague,atguay, Peru, Porto Rico and Mexico testifying to present, to the best of his knowledge, there wasthe efficiency and skill of the Spanish interpreter. no plague in any port.Plague had been eli-He extended the appreciation and gratitude of minated in four republics, and in the others itsthe Conference to the French, English and Russian incidence had been diminished by sixty to ninetyinterpreters as well. per cent.The quarantine systems of the various countries, both maritime and air, had been made uniform, and as a result schedules had been3. Arrangements for the Reading and Signing speeded up and no disease was carried by steamer of the Final Acts. or air traffic. The SECRETARY explained the arrangements An indication of the general progress wasfor the reading, at a plenary meeting of the provided by the fact that, in twenty-five years,Conference on Monday, 22 July, of the Final death rates had been reduced on the averageAct, Constitution, interim Arrangement and the from between 30 and 35 per thousand to betweenProtocol concerning the Office International d'Hy- 18 and 20 per thousand.In addition, the Govern-giene Publique, which documents would be signed ments were sending representativestootherin the afternoon of the same day. countries to study the progress made elsewhere and to take courses, so that on their return they The Secretary then thanked the delegates, in could apply in their own countries the knowledgethe name of the Secretariat, for the spirit of they had gained. friendship shown by all members of the Confer- ence.He was aware that there had been short- Dr. LEE (Representative of the Allied Controlcomings, due both to the haste with which the Authorities, ) said that while SouthSecretariat had been constituted and to the Korea was not yet a full Member of the Unitedenormous amount of work that had had to be Nations, it was preparing to become a Memberdone with a limited staff ; and the Secretariat soon.It expected to do its share in the Organ-had been very appreciative of the understanding ization and would support itwholeheartedly. of those circumstances shown by the delegates. He expressed appreciation of the invitation to the meeting. The meeting rose at 12.10 p.m.

SEVENTEENTH MEETING Held on Monday, 22 July 1946, at 19 a.m., Henry Hudson Hotel, New Y ork City. Chairman 1: Dr. Thomas PARRAN (United States of America).

1. Report of the Central Drafting Committee. Health Conference, the Constitution of the World Health Organization, the Arrangement establishing Dr. MACKENZIE (United Kingdom), Chairmanan Interim Commission, and the Protocol concer- of the Central Drafting Committee, gave a shortning the Office International d'Hygiène Publique. account of the work of that Committee, mention- ing its membership and that of the advisory legal Throughoutitswork,the Committee had panel 2.The Committee had prepared four docu-meticulously limiteditselfto purely drafting ments in final form, which it now presented to thealterationsofthe text approved inplenary session.He would, however, draw the attention plenary session : the Final Act of the Internationalof members to paragraph r of the text of the 1. During part of the meeting Dr. Shen (China)Arrangement.The Committee had been legally presided. advised that as the wording of that paragraph 2 See page 15. at present stood, the international status of the SEVENTEENTH MEETING - 93 - 22 JULY 1946 Interim Commission was open to question.Inand pleasure of inviting Dr. Krotkov and Dr. order to define the position, in accordance with theChisholm to come to the platform. intentions of the plenary session, the legal advisers Dr. Krotkov and Dr. Chisholm took their seats suggested the substitution of the following texton the platform, for the first two lines of paragraph r : The SECRETARY read the Protocol concerning " 1. There is hereby established an Interimthe Office International d' Hygiène Publique, con- Commission of the World Health Organizationcluding with the announcement that the docu- consistingofthefollowing eighteenStatesment would be availableinthefiveofficial entitled to designate persons to serve on it ". languages.

Dr. Mackenzie also drew attention to the last Dr. MACKENZIE (United Kingdom) moved the clause of the Preamble of the Constitution, as itadoption of the Protocol. at present stood : The delegate of El Salvador stated that, his country not being a party to the Rome Agreement, " . . the Contracting Parties agree to theits representative would abstain from signing the present Constitution and hereby establish the Protocol. World Health Organization as a specialized agency of the United Nations ". The motion for adoption of the Protocol con- cerning the Office International d'Hygiène Publique The Committee proposed that the words " ofwas seconded by several delegations and un- the United Nations " in that clause be replacedanimously adopted. by " within the terms of Article 57 of the Charter At this point DY. Parran resumed the Chair. of the United Nations ". The drafting of the four documents had involved3. Resolutions of Appreciation. many hours of long and tedious work for the legal advisers and the Committee deeply appreciated Mr. TANGE(Australia)proposedthatthe their patient work, which had so greatly con-Conference should place on record its debt to a tributed to the of the documents. group of distinguished men who had contributed so much to its success :the office-bearers of the On the request of the Chairman, DY. Shen (China) Conference, who had served it with great technical at this point took over the Chairmanship. skill, a sense of high purpose and great patience. Already many spontaneous tributes had been paid in the committees, and it would be appropriate now to pay tribute in the form of a special Confer- ence resolution. 2. Adoption of the Final Acts. He proposed that, in the same resolution, the The SECRETARY then read the Final Act of theConference should recognize its debt to the United International Health Conference,after whichNations-in particular to the Economic and Dr. MACKENZIE moved its adoption. Social Council, which had first given life to the project for the World Health Organization-and The proposal was seconded by numerous delega-to the Secretary-General, the Secretary and the tions, and adopted unanimously. able staff. Mr. Tange then read the text of his proposal. The SECRETARY thereupon read the Constitu- tion of the World Health Organization. It was unanimously agreed, on the suggestion of the CHAIRMAN, to include in the resolution Dr. MACKENZIE (United Kingdom) proposed, mention of the efficient work of the interpreters. and many delegations seconded, its adoption. As thus amended, the motion read : The Constitution of the World Health Organ- " The International Health Conference, con- ization was unanimously adopted. vened on 29 June 1946, in New York City, hereby The Arrangement concluded by the Govern- ments represented at the International Health " Resolves : Conference was then read by the Secretary and its " 1. To convey its sincere thanks to the adoption proposed by Dr. Mackenzie (United Economic and Social Council of the United Kingdom), with numerous seconders. Nations for its initiative in convening this Conference ; The Arrangement was unanimously adopted. " 2. To express the appreciationof the Conference to Dr. Thomas Parran, Pre- The CHAIRMAN announced that the Interim sidentof theConference,toDr.Aly Commission had already held three meetings. Tewfik Shousha Pasha, Dr. Brock Chis- At the first meeting, on 19 July, Dr. Krotkov holm,Dr.KarlEvang,Dr.Arnoldo (Union of Soviet Socialist Republics), had been Gabaldón, Dr. W. A. Timmerman, Chair- elected chairman, and Dr. Chisholm (Canada) men of the committees of the Conference ; Executive Secretary.He now had the honour to Dr. Melville D. Mackenzie, Chairman of 22 JULY 1946 - 94 - EIGHTEENTH MEETING

the Central Drafting Committee, as wellmember of each delegation ; all members who were as to the Vice-Presidents, other officers ofentitled to do so might sign.He added that he the Conference and committees and to the would now call the roll, and would ask delegations interpreters, for their untiring efforts into indicate the names of the delegates who would bringing the Conference to a successfulsign and whether they would sign with or without conclusion ; reservation. " 3. To convey to the Secretary-General of He then called the roll of countries. the United Nations the appreciation of the Conferencefor the assistance rendered Dr. DE PAULA SOUZA (Brazil) said the fact that throughout its work by the Secretariat ofthe work of the Conference had reached its present the United Nations, and, in particular, forpoint was especially gratifying to Brazil, whose the services of Dr. Yves M. Biraud asrepresentative had had the pleasure of being in Secretary of the Conference." San Francisco and introducing the resolution on the World Health Organization into the Charter. The resolution was unanimously adopted. Remembering that fact, he would like to say The CHAIRMANexpressedappreciationon how pleased his country would be if the first behalf of all the officers of the Conference and onAssembly of the World Health Organization were his own behalf. to be held in Brazil. He then outlined the arrangements for the The CHAIRMAN expressed the appreciation of afternoon meeting, pointing out that the pro-the Conference at that further manifestation of ceedings would be broadcast to many countries.the interest of Brazil in the work of the World The SECRETARY stated that the right to signHealth Organization. the Final Acts would not be limited to one The meeting rose at 1.20 p.m.

EIGHTEENTH MEETING Held on Monday, 22 July 1946, at 3.30 p.m., Henry Hudson Hotel, New York City. Chairman : Dr. THOMAS PARRAN (United States of America).

1. Closing Address by the President. The nations were convinced that health was not The CHAIRMAN, in opening the final plenarymerely the absence of disease or infirmity, but a session, said the Conference had been an historicstate of complete physical, mental and social one, with a success equal to that of any com-well-being, the enjoyment of which they declared parable international gathering. That success hadto be a fundamental right of every human being been due to the outstanding ability of the dele-without distinctionof race,religion,political gates, who were the leaders of the world in publicbelief, economic or social condition. They believed health and medicine, and to the professionalits attainment essential for peace and security. atmosphere and spirit of co-operation which hadIt was becoming clear that the health sciences marked the month's arduous work. could contribute to man's ability to live har- moniously ina changing total environment. The foundation for the work had been laid byThus, improved health enhanced standards of the Economic and Social Council in the previousliving, promoted economic prosperity, and con- February in calling the Conference, and by all thetributed to the objective of peace. The fun- constructive work inParisof the Technicaldamental freedoms would be realized only when Preparatory Committee.The excellence of thepeoples were healthful and well nourished. Secretariat provided by the United Nations had In the field of health, nations were interdepen- also been of great help. To the Council, the Pre- dent.Epidemics anywhere in the world were paratory Committee and the Secretariatthedangerous to other nations.Low standards of Conference expressed its deep appreciation. health laid a burden upon prosperity and trade, The nations represented at the Conference wereimposing an economic handicap on every nation signing a Magna Carta for health, which wouldand on the world as a whole. bring into being a World Health Organization While the responsibility for health within its unique in its scope, authority and functions.Itsown borders was a primary concern of each broad purpose was the attainment by all peoplesnation, the success of each could be greatly of the highest possible level of health and well-enhanced through international teamwork. being. The world health centre that was being created, Mr. A. A. Sobolev, Acting Secretary-General oftherefore, should be the directing and co-ordinat- the United Nations, presided during the lattering agency to provide information, leadership and part of the meeting. assistance in every phase of health work. EIGHTEENTH MEETING - 95 - 22 JULY 1946 Not only would the Organization help inuseful to the World Health Organization in the disseminating and applyingallthescientifictasks ahead. knowledge now possessed to prevent disease and promote health ;it would also encourage and The Organization would be prepared to use all conduct scientific research to forge more effectivethe most scientific knowledge of the nations, their tools.Better remedies would bediscovered.best tools, wherever needed, to help heal the New preventives would be found.As a result,wounds of war and eliminate the ancient human many of the human ills which at present took suchplagues, such as malaria and cholera, tuberculosis a largetoll indisability and death-,and syphilis. heart disease, mental illness, the degenerative diseases, for example-were obvious targets for such international scientific endeavour. Prevention of disease was a firstobjective. But that was only an initial step.Hunger and malnutrition stunted the bodies and warped the Public health was a dynamic composite of manyminds of a large part of the world's population. scientific disciplines. Through their application,To attain freedom from want of food was another the average life span in the more advancedgoal which the Organization might hope to reach countries had been doubled in the past century.by pooling its nutritional knowledge - with the Yet progress had been very uneven in the different food and agriculture efforts of the United Nations. nations.In some countries, for example, half of all children born did not reach their fifth birthday.The average life span was about half A next step towards world health was the that attained in the more fortunate nations. positiveimprovementof health-of physical and mental fitness.Higher levels of physical Recently there had been seen the miracles thatdevelopment, a longer, more productive, more could be accomplished by the sulfa drugs andvigorous life span would be sought and attained. penicillin.Yet only a small proportion of the world's population had access to those remedies. To help reach those goals the nations needed For a large part of the world's people, doctorsnot only to apply the knowledge they now had for and hospitals in the modern sense were virtuallyprevention, treatment and controlof disease unknown.Even such an elementary requirementeverywhere in the world, but also to conduct for health as an uncontaminated supplyintensive research in the laboratory, at the bedside was lacking over large areas of the earth. and in the field, to push back the frontiers of the unknown in the health sciences. The achievement of the great objectives of the World Health Organization would require the Those several, measurable, scientific objectives best, the most persistent efforts of its members.were difficult, but not impossible of attainment. But their efforts alone were not enough.TheyYet, at the Conference, the pradtical scientists must bring to the rank and file of mankind-tohad not been content to stop at that point. the common man everywhere-an understandingThere was an additional task. and appreciation of the elements of health and a consuming desire to achieve it.Without that, their signatures on a document would have little Humane plans for world health would go for meaning. naught unless the peoples of the world could live together in peace.Never again could the world The World Health Organization, therefore, must disintegrate into the insanity of another total war. be built for human service, must give practical help to the world's people, must undertake first Public health experts realized that science things first. might be used either to save life or to destroy civilization.Whether science was to be used During the past forty years, the nations hadfor good or evil was not determined by scientists acquired some experience in international healththemselves.The same type of research worker action, first through efforts to prevent, throughmight discover penicillin or atomic fission.It quarantine and through exchange of epidemicwas the mass conscience of mankind--the domi- intelligence, the pestilential diseases from spread-nance of the moral or the amoral-that deter- ing between nations.During the years betweenmined whether research was to be used for life or the two wars, those efforts had been broadenedfor death. to include mutual help in disease control, in training of health personnel, in scientific research, In its Magna Carta for health, the Conference in the gathering of valuable statistics, and inhad ventured to declare that the Organization had standardization of certain drugs and biologica contribution to make to the central world products.During the war, the United Nationsproblem of the day : to help man to live together had fully pooled their military efforts to preventharmoniously with his fellow-man.In making disease.All that experience, therefore, would bethat proposition the Chairman, for one, believed 22 JULYP946 -- 96 -- EIGHTEENTH MEETING

that health science must share the task with And now, since the outline of the task to be religion and education. achieved had been drawn in the Constitution, the The science of mental hygiene was one of theInterim Commission would be going to work with newer disciplines, concerned with the human mindpowers and funds to act.In relieving the world's and emotions.Even in its present early stage ofsuffering no time was to be wasted, and he hoped development, it gave promise of helping man tothat they would be able as rapidly as possible to adjust himself to his environment, to live inalleviate the pains of man and the distresses of greater harmony with his family, his community,children, who had been the most unfortunate his world. The science of mental hygiene neededvictims of the recent war. urgently to be developed and applied as a basic He expressed the wish that the delegates, about element for preventing war and destroying theto return to their respective countries, would seeds of war. spare no efforts to obtain, as quickly as possible, The World Health Organization, therefore, wasthe necessary ratification to give full effect to the a collective instrument which would promoteWorld Health Organization. physical and mental vigour, prevent and control There was no more urgent task than to fight disease, expand scientific knowledge, and con-for the physical and mental health of the human tribute to the harmony of human relations.In community, which was only just emerging from short, it was a powerful instrument forged forthe most painful crisis of its whole history. peace. The delegates would return to their homes The CHAIRMAN, declaring that his duties as knowing that they had done their best.TheyPresident of the Conference were now finished, hoped that history would record a job well done.recalled that at the outset of the session he had said that for success it would be necessary to have the full participation and co-operation of every delegate on every delegation.The Conference 2. Address by the Acting Secretary-General ofhad had just that. the United Nations. BeforerelinquishingtheChair,heagain The CHAIRMAN presented to the Conferenceexpressed his thanks to the delegates. Mr. A. A. Sobolev, Acting Secretary-General of The Chair was thereupon assumed by Mr. the United Nations. Sobolev.

Mr. SOBOLEV, on behalf and in the name of the Secretary-General of the United Nations, who3. Signing of the Final Acts. was in Europe, congratulated the Conference and expressed his gratitude for the great task it had The CHAIRMAN (Mr. Sobolev) called on the accomplished under difficult conditions. Secretary of the Conference. The Conference was the first to have been organized by the United Nations.It was largely The SECRETARY said that for the signing of the universal in character, since nations not membersFinal Acts of the Conference he would call upon of the United Nations had been invited, as wellthe delegations, in English alphabetical order, to as international organizations devoted to thesend to the table the delegate among them who problem of hygiene and public health throughouthad the credentials for signature. the world.Moreover, the problem of health was The four documents on the table were each in a problem upon the solution of which the futurefour languages, but only the documents in the of humanity would largely depend. language of the delegate's own country needed Thus, for the first time in world history, theto be signed. human community, gathered under the standards The first document was the Final Act, a state- of the United Nations, had resolved to grapplement of facts on the origin and historical back- with the great problem of fighting on a universalground of the Conference.Therefore, it was not scale against illness, suffering and death. open for any reservation, and delegates might The nations were at the outset of an immense sign it without making any reservations. enterprise of which the Constitution now drawn The second document, the Constitution of the up had determined the framework, defined the new Organization, should be signed by those who means of action and prepared the future. Through-had full credentials.He suggested that others out the work of the Conference during the pastn6te before their signatures the words, " ad month, the spirit that was meant to animate thereferendum", or usewhatever words they thought United Nations had manifested itself splendidlyfit, according to the constitutional processes of and successfully.Every one had been free totheir countries.However, the use of the term give full and complete expression to his point of" ad referendum" would mean that their signa- view.Every one had bravely fought for it. Andtures were subject to later ratification by their after that just and legitimate fight of ideas, thereGovernments, and would express in two words had been witnessed a will to conciliation, a willwhat might otherwise take a long sentence to to agreement, so that finally the Conference had explain. achieved a constructive and great institution to The third document referred to the setting-up which all had agreed. of the Interim Commission of the Organization, He expressed the hope that the success of the and in the opinion of the legal counsellor of the Conference would serve as an example to allUnited Nations there was no need for any state- other conferences of the United Nations. ment as to reservations on that document. EIGHTEENTH MEETING - 97 - 22 JULY 1946 The fourth document, the Protocol concerning Now, after four weeks of hard work, as a result the Office International d' Hygiène Publique, re-of mutual friendship and good understanding, the quired the signatures only of delegates of countries Constitution of the new World Health Organiza- that hadparticipatedintheoriginal Rometion had been concluded. Agreement of 1907 or had later adhered to that He wished to underline one very important Agreement. fact :that every State in the world, with the exception of three, had attended the Conference. The delegations then came torward in alphabetical That was the most significant work ever accom- order and signed. plished in the history of international health. He wished in addition to express his personal 4. Address by the Vice-Chairman of the Econo-happy feelings.For twenty-five years he had mic and Social Council. been earnestly working in the field of international health.During that period certain results had Afterthesigning,the CHAIRMANinvitedbeen achieved, but he was sure that the Constitu- Dr. Stampar, Vice-Chairman of the Economiction just signed was the greatest achievement in and Social Council, to speak. the history of international health activities. The work was not finished now with the signa- Dr. STAMPAR said that the signing of the Finalture of the Constitution.In years to come the Acts had brought the Conference to an end. Organization would have to work hard and On the present great occasion he wished toachieve even better results, and he was sure, after express, on behalf of the Economic and Socialseeing such a wonderful spirit at the Conference, Council, its most sincere congratulations to thethat it was going to do very fine work. delegates on their successful work. Six months previously the Council had decided to convene the International Health Conference, The SECRETARY announced that sixty delega- inviting Member States of the United Nationstions had signed the Final Acts. and other States.Within a month from that time, the Technical Preparatory Committee had The CHAIRMAN then declared the Conference met in Paris to make proposals for the Confer- closed. ence ;within six months, the present Confer- ence had met in New York. The meeting rose at 5.20 p.m. FINAL ACTS - 98 -

V. FINAL ACTS OF THE CONFERENCE

A. FINAL ACT OF THE INTERNATIONAL HEALTH CONFERENCE

The International Health Conference, for the establishment of an International Health Organization, was convened by the Economic and Social Council of the United Nations by the following resolution of 15 February 1946 : " The Economic and Social Council, taking note of the declaration proposed jointly by the delegations of Brazil and China at San Francisco, which was unanimously approved, regarding an International Health Conference, and recognizing the urgent need for international action in the field of public health, " (1)decides to call an international conference to consider the scope of, and the appropriate machinery for, international action in the field of public health and proposals for the establishment of a single international health organization of the United Nations ; " (2)urges the Members of the United Nations to send as representatives to this conference experts in public health ; " (3)establishes a Technical Preparatory Committee to prepare a draft annotated agenda and proposals for the consideration of the Conference, and appoints the following experts or their alternates to constitute the Committee 1.Dr. Gregorio BERMAN (Argentina) 2. Dr. René SAND (Belgium) 3.Dr. Geraldo H. DE PAULA SOUZA (Brazil) 4. Major-General G. B. CHISHOLM (Canada) 5.Dr. P. Z. KING (China) (alternate: Dr. Szeming SzE) 6.Dr. Josef CAN6IK (Czechoslovakia) -7. Dr. Aly Tewfik SHOUSHA Pasha (Egypt) 8. Dr. A. CAVAILLON (France) (alternate: Dr. LECLAINCHE) 9.Dr. KOPANARIS (Greece) 10. Major C. MANI (India) (alternate: Dr. CHUNI LAL KATIAL) Dr. Manuel MARTINEZ BAEZ (Mexico) 12. Dr. Karl EVANG (Norway) 13. Dr. Martin KACPRZAK (Poland) 14. Sir WILSON JAMESON (United Kingdom) (alternate:Dr.Melville MACKENZIE) 15. Surgeon-General Thomas PARRAN (United StatesofAmerica) (alternate: Dr. James A. DcruLL) 16. Dr. Andrija STAMPAR (Yugoslavia) and, in a consultative capacity, representatives of : The Pan American Sanitary Bureau, The Office International d'Hygiène Publique, The League of Nations Health Organization, and the United Nations Relief and Rehabilitation Administration ; " (4)directs the Technical Preparatory Committee to meet in Paris not later than 15 March 1946, and to submit its report, including the draft annotated agenda and proposals, to the Members of the United Nations and to the Council not later than I ; " (5)decides that any observations it may make at its second session on the report of the Technical Preparatory Committee will be communicated to the proposed International Conference ; " (6)instructs the Secretary-General to call the Conference not later than 20 June 1946 and, in consultation with the President of the Council, to select the place of meeting." A Declaration for the calling of an International Health Conference was unanimously approved at the United Nations Conference on International Organization at San Francisco. The International Health Conference met in the City of New York from 19 June to 22 July 1946. - 99 - FINAL ACTS The Governments of the following States were represented at the Conference by delegates Argentina Denmark Lebanon Saudi Arabia Australia Dominican Republic Liberia Syria Belgium Ecuador Luxemburg Turkey Bolivia Egypt Mexico Ukrainian Soviet Brazil El Salvador Netherlands Socialist Republic Byelorussian Soviet Ethiopia New Zealand Union of Soviet Socialist Republic France Nicaragua Socialist Republics Canada Greece Norway Union of South Africa Chile Guatemala Panama United Kingdom China Haiti Paraguay United States of Colombia Honduras Peru America Costa Rica India Poland Uruguay Cuba Iran Republic ofthe Phi-Venezuela Czechoslovakia Iraq lippines Yugoslavia The Governments of the following States were represented by observers : Albania Eire Iceland Siam Switzerland Austria Finland Italy Sweden Transjordan Bulgaria Hungary Portugal The Governments of the following States were invited to send observers, but were not represented :Afghanistan, Roumania, Yemen. The Allied Control Authorities for Germany, Japan and Korea were represented by observers. The following international organizations were represented by observers : Food and Agriculture Organization The Rockefeller Foundation of the United Nations United Nations Educational, Scientific International Labour Organization and Cultural Organization League of Red Cross Societies United Nations Relief and Rehabilitation Office International d'Hygiène Publique Administration Pan American Sanitary Bureau World Federation of Trade Unions Provisional International Civil Aviation Organization The Conference had before it and used as the basis of discussion proposals for the Constitution of the World Health Organization and the resolutions adopted by the Technical Preparatory Committee of Experts. The Committee was established in accordance with the resolution of the Economic and Social Council, dated 15 February 1946. A number of proposals put forward by Governments and various organizations was also before the Conference. As a result of the deliberations of the Conference as recorded in the Minutes and reports of the respective committees and sub-committees and of the plenary sessions, the following instruments were drawn up and separately signed : Constitution of the World Health Organization. Arrangement for the Establishment of an Interim Commission of the World Health Organization. Protocol concerning the Office International d'HygiMe Publique. The Conference adopted the following resolution : " The Conference notes with gratification the steps already taken by the Secretary- General of the United Nations to provide temporary machinery for carrying on the remaining activities of the League of Nations Health Organization, as recommended in Resolution V of the Technical Preparatory Committee on 5 April 1946, and requests the Secretary-General of the United Nations, in order to avoid duplication of functions, to make the necessary arrangements for transferring to the Interim Commission of the World Health Organization as soon as possible such functions of the League of Nations Health Organization as have been assumed by the United Nations." IN WITNESS WHEREOF the undersigned delegates sign this Final Act.* DONE in the City of New York this twenty-second day of July 1946 in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. The original texts shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations will send certified copies to each of the Governments represented at the Conference.

* For list of signatures, see page 115. FINAL ACTS - 100 -

B. TEXT OF THE CONSTITUTION OF THE WORLD HEALTH ORGANIZATION THE STATES Parties to this Constitution declare, in conformity with the Charter of the United Nations, that the following principles are basic to the happiness, harmonious relations and security of all peoples : Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. The health of all peoples is fundamental to the attainment of peace and security and is dependent upon the fullest co-operation of individuals and States. The achievement of any State in the promotion and protection of health is of value to all. Unequal development in different countries in the promotion of health and control of disease, especially communicable disease, is a common danger. Healthy development of the child is of basic importance ; the ability to live harmoniously in a changing total environment is essential to such development. The extension to all peoples of the benefits of medical, psychological and related knowledge is essential to the fullest attainment of health. Informed opinion and active co-operation On the part of the public are of the utmost importance in the improvement of the health of the people. Governments have a responsibility for the health of their peoples which can be fulfilled only by the provision of adequate health and social measures.

ACCEPTING THESE PRINCIPLES, and for the purpose of co-operation among themselves and with others to promote and protect the health of all peoples, the Contracting Parties agree to the present Constitution and hereby establish the World Health Organization as a specialized agency within the terms of Article 57 of the Charter of the United Nations.

CHAPTER I. - OBJECTIVE Article I. The objective of the World Health Organization (hereinafter called the Organization) shall be the attainment by all peoples of the highest possible level of health.

CHAPTER II. - FUNCTIONS Article 2. In order to achieve its objective, the functions of the Organization shall be : to act as the directing and co-ordinating authority on international health work ; to establish and maintain effective collaboration with the United Nations, specialized agencies, governmental health administrations, professional groups and such other organizations as may be deemed appropriate ; to assist Governments, upon request, in strengthening health services ; to furnish appropriate technical assistance and, in emergencies, necessary aid upon the request or acceptance of Governments ; to provide or assist in providing, upon the request of the United Nations, health services and facilities to special groups, such as the peoples of trust territories ; to establish and maintain such administrative and technical services as may be required, including epidemiological and statistical services ; to stimulate and advance work to eradicate epidemic, endemic and other diseases ; to promote, in co-operation with other specialized agencies where necessary, the prevention of accidental injuries ; to promote, in co-operation with other specialized agencies where necessary, the improvement of nutrition, housing, sanitation, recreation, economic or working conditions and other aspects of environmental hygiene ; to promote co-operation among scientific and professional groups which contribute to the advancement of health ; FINAL ACTS

to propose conventions, agreements and regulations, and make recommendations with respect to international health matters and to perform such duties as may be assigned thereby to the Organization and are consistent with its objective ; to promote maternal and child health and welfare and to foster the ability to live harmoniously in a changing total environment ; to foster activities in the field of mental health, especially those affecting the harmony of human relations ; to promote and conduct research in the field of health ; to promote improved standards of teaching and training in the health, medical and related professions ; to study and report on, in co-operation with other specialized agencies where necessary, administrative and social techniques affecting public health and medical care from preventive and curative points of view, including hospital services and social security ; to provide information, counsel and assistance in the field of health ; to assist in developing an informed public opinion among all peoples on matters of health ; to establish and revise as necessary international nomenclatures of diseases, of causes of death and of public health practices ; to standardize diagnostic procedures as necessary ; to develop, establish and 'promote international standards with respect to food, biological, pharmaceutical and similar products ; generally to take all necessary action to attain the objective of the Organization.

CHAPTER III. - MEMBERSHIP AND ASSOCIATE MEMBERSHIP

Article 3. Membership in the Organization shall be open to all States.

Article 4. Members of the United Nations may become Members of the Organization by signing or otherwise accepting this Constitution in accordance with the provisions of Chapter XIX and in accordance with their constitutional processes.

Article 5. The States whose Governments have been invited to send observers to the International Health Conference held in New York, 1946, may become Members by signing or otherwise accepting this Constitution in accordance with the provisions of Chapter XIX and in accordance with their constitutional processes provided that such signature or acceptance shall be completed before the first session of the Health Assembly.

Article 6. Subject to the conditions of any agreement between the United Nations and the Organiza- tion, approved pursuant to Chapter XVI, States which do not become Members in accordance with Articles 4 and 5 may apply to become Members and shall be admitted as Members when their application has been approved by a simple majority vote of the Health Assembly.

Article 7. If a Member fails to meet its financial obligations to the Organization or in other ex- ceptional circumstances, the Health Assembly may, on such conditions as it thinks proper, suspend the voting privileges and services to which a Member is entitled. The Health Assembly shall have the authority to restore such voting privileges and services.

Article 8. Territories or groups of territories which are not responsible for the conduct of their international relations may be admitted as Associate Members by the Health Assembly upon application made on behalf of such territory or group of territories by the Member or other authority having responsibility for their international relations. Representatives of Associate FINAL ACTS - 102 -

Members to the Health Assembly should be qualified by their technical competence in the field of health and should be chosen from the native population. The nature and extent of the rights and obligations of Associate Members shall be determined by the Health Assembly.

CHAPTER IV. - ORGANS Article 9. The work of the Organization shall be carried out by : (a)The World Health Assembly (herein called the Health Assembly) ; (b)The Executive Board (hereinafter called the Board) ; (c)The Secretariat.

CHAPTER V. - THE WORLD HEALTH ASSEMBLY Article ro. The Health Assembly shall be composed of delegates representing Members.

Article xi-. Each Member shall be represented by not more than three delegates, one of whom shall be designated by the Member as chief delegate. These delegates should be chosen from among persons most qualified by their technical competence in the field of health, preferably represent- ing the national health administration of the Member.

Article 12. Alternates and advisers may accompany delegates.

Article 13. The Health Assembly shall meet in regular annual session and in such special sessions as may be necessary. Special sessions shall be convened at the request of the Board or of a majority of the Members. Article 14. The Health Assembly, at each annual session, shall select the country or region in which the next annual session shall be held, the Board subsequently fixing the place.The Board shall determine the place where a special session shall be held.

Article 15. The Board, after consultation with the Secretary-General of the United Nations, shall determine the date of each annual and special session.

Article 16. The Health Assembly shall elect its President and other officers at the beginning of each annual session. They shall hold office until their successors are elected.

Article 17. The Health Assembly shall adopt its own rules of procedure.

Article 18. The functions of the Health Assembly shall be : (a)to determine the policies of the Organization ; (b)to name the Members entitled to designate a person to serve on the Board ; (c)to appoint the Director-General ; (d)to review and approve reports and activities of the Board and of the Director- General and to instruct the Board in regard to matters upon which action, study, investigation or report may be considered desirable ; (e)to establish such committees as may be considered necessary for the work of the Organization ; (/)to supervise the financial policies of the Organization and to review and approve the budget ; - 103 FINAL ACTS

to instruct the Board and the Director-General to bring to the attention of Members and of international organizations, governmental or non-governmental, any matter with regard to health which tIke Health Assembly may consider appropriate ; to invite any organization, international or national, governmental or non-govern- mental, which has responsibilities related to those of the Organization, to appoint representatives to participate, without right of vote, in its meetings or in those of the committees and conferences convened under its authority, on conditions prescribed by the Health Assembly ;but in the case of national organizations, invitations shall be issued only with the consent of the Government concerned ; to consider recommendations bearing on health made by the General Assembly, the Economic and Social Council, the Security Council or Trusteeship Council of the United Nations, and to report to them on the steps taken by the Organization to give effect to such recommendations ; to report to the Economic and Social Council in accordance with any agreement between the Organization and the United Nations ; to promote and conduct research in the field of health by the personnel of the Organization, by the establishment of its own institutions or by co-operation with official or non-official institutions of any Member with the consent of its Government. to establish such other institutions as it may consider desirable. to take any other appropriate action to further the objective of the Organization.

Article 19. The Health Assembly shall have authority to adopt conventions or agreements with respect to any matter within the competence of the Organization. A two-thirds vote of the Health Assembly shall be required for the adoption of such conventions or agreements, which shall come into force for each Member when accepted by it in accordance with its constitutional processes.

Article20. Each Member undertakes that it will, within eighteen months after the adoptipn by the Health Assembly of a convention or agreement, take action relative to the acceptance of such convention or agreement. Each Member shall notify the Director-General of the action taken, and if it does not accept such convention or agreement within the time limit, it will furnish a statement of the reasons for non-acceptance. In case of acceptance, each Member agrees to make an annual report to the Director-General in accordance with Chapter XIV.

Article21. The Health Assembly shall have authority to adopt regulations concerning : (a)sanitary and quarantine requirements and other procedures designed to prevent the international spread of disease ; (b)nomenclatures with respect to diseases, causes of death and public health practices ; (c)standards with respect to diagnostic procedures for international use ; (d)standards with respect to the safety, purity and potency of biological, pharmaceutical and similar products moving in international commerce ; (e)advertising and labelling of biological, pharmaceutical and similar products moving in international commerce.

Article22. Regulations adopted pursuant to Article 21 shall come into force for all Members after due notice has been given of their adoption by the Health Assembly except for such Members as may notify the Director-General of rejection or reservations within the period stated in the notice.

Article 23. The Health Assembly shall have authority to make recommendations to Members with respect to any matter within the competence of the Organization. FINAL ACTS - 104 -

CHAPTER VI. - THE EXECUTIVE BOARD

Article 24. The Board shall consist of eighteen persons designated by as many Members.The Health Assembly, taking into account an equitable geographical distribution, shall elect the Members entitled to designate a person to serve on the Board. Each of these Members should appoint to the Board a person technically qualified in the field of health, who may be accompanied by alternates and advisers.

Article 25. These Members shall be elected for three years and may be re-elected ;provided that of the Members elected at the first session of the Health Assembly, the terms of six Members shall be for one year and the terms of six Members shall be for two years, as determined by lot.

Article 26. The Board shall meet at least twice a year and shall determine the place of each meeting.

Article 27. The Board shall elect its Chairman from among its members and shall adopt its own rules of procedure. Article 28. The functions of the Board shall be : (a)to give effect to the decisions and policies of the Health Assembly ; (b)to act as the executive organ of the Health Assembly ; to perform any other functions entrusted to it by the Health Assembly ; (d)to advise the Health Assembly on questions referred to it by that body and on matters assigned to the Organization by conventions, agreements and regulations ; (e)to submit advice or proposals to the Health Assembly on its own initiative ; (.0 to prepare the agenda of meetings of the Health Assembly ; (g)to submit to the Health Assembly for consideration and approval a general pro- gramme of work covering a specific period ; (h)to study all questions within its competence ; (i)to take emergency measures within the functions and financial resources of the Organization to deal with events requiring immediate action. In particular it may authorize the Director-General to take the necessary steps to combat epidemics, to participate in the organization of health relief to victims of a calamity and to undertake studies and research the urgency of which has been drawn to the attention of the Board by any Member or by the Director-General.

Article 29. The Board shall exercise on behalf of the whole Health Assembly the powers delegated to it by that body.

CHAPTER VII. - THE SECRETARIAT

Article 30. The Secretariat shall comprise the Director-General and such technical and administra- tive staff as the Organization may require.

Article 31. The Director-General shall be appointed by the Health Assembly on the nomination of the Board on such terms as the Health Assembly may determine.The Director-General, subject to the authority of the Board, shall be the chief technical and administrative officer of the Organization. Article 32. The Director-General shall be ex-officio Secretary of the Health Assembly, of the Board, of all commissions and committees of the Organization and of conferences convened by it. He may delegate these functions. - 105 - FINAL ACTS

Article 33. The Director-General or his representative may establish a procedure by agreement with Members, permitting him, for the purpose of discharging his duties, to have direct access to their various departments, especially to their health administrations and to national health organizations, governmental or non-governmental.He may also establish direct relations with international organizations whose activities come within the competence of the Organiza- tion. He shall keep Regional Offices informed on all matters involving their respective areas. Article 34. The Director-General shall prepare and submit annually to the Board the financial state- ments and budget estimates of the Organization. Article 35. The Director-General shall appoint the staff of the Secretariat in accordance with staff regulations established by the Health Assembly. The paramount consideration in the employ- ment of the staff shall be to assure that the efficiency, integrity and internationally represent- ative character of the Secretariat shall be maintained at the highest level. Due regard shall be paid also to the importance of recruiting the staff on as wide a geographical basis as possible. Article 36. The conditions of service of the staff of the Organization shall conform as far as possible with those of other United Nations organizations. Article 37. In the of their duties the Director-General and the staff shall not seek or receive instructions from any Government or from any authority external to the Organization. They shall refrain from any action which might reflect on their position as international officers.Each Member of the Organization on its part undertakes to respect the exclusively international character of the Director-General and the staff and not to seek to influence them.

CHAPTER VIII. - COMMITTEES Article 38. The Board shall establish such committees as the Health Assembly may direct and, on its own initiative or on the proposal of the Director-General, may establish any other committees considered desirable to serve any purpose within the competence of the Organization. Article 39. The Board, from time to time and in any event annually, shall review the necessity for continuing each committee. Article 40. The Board may provide for the creation of or the participation by the Organization in joint or mixed committees with other organizations and for the representation of the Organiza- tion in committees established by such other organizations.

CHAPTER IX. - CONFERENCES Article 41. The Health Assembly or the Board may convene local, general, technical or other special conferences to consider any matter within the competence of the Organization and may provide for the representation at such conferences of international organizations and, with the consent of the Government concerned, of national organizations, governmental or non- governmental. The manner of such representation shall be determined by the Health Assembly or the Board. Article 42. The Board may provide for representation of the Organization at conferences in which the Board considers that the Organization has an interest.

CHAPTER X. - HEADQUARTERS Article 43. The location of the headquarters of the Organization shall be determined by the Health Assembly after consultation with the United Nations. FINAL ACTS - 106 -

CHAPTER XI. - REGIONAL ARRANGEMENTS Article 44. (a)The Health Assembly shall from time to time define the geographical areas in which it is desirable to establish a regional organization. (b)The Health Assembly may, with the consent of a majority of the Members situated within each area so defined, establish a regional organization to meet the special needs of such area. There shall not be more than one regional organization in each area. Article 45. Each regional organization shall be an integral part of the Organization in accordance with this Constitution. Article 46. Each regional organization shall consist of a Regional Committee and a Regional Office. Article 47. Regional Committees shall be composed of representatives of the Member States and Associate Members in the region concerned.Territories or groups of territories within the region, which are not responsible for the conduct of their international relations and which are not Associate Members, shall have the right to be represented and to participate in Regional Committees. The nature and extent of the rights and obligations of these territories or groups of territories in Regional Committees shall be determined by the Health Assembly in consulta- tion with the Member or other authority having responsibility for the international relations of these territories and with the Member States in the region. Article 48. Regional Committees shall meet as often as necessary and shall determine the place of each meeting. Article 49. Regional Committees shall adopt their own rules of procedure. Article 50. The functions of the Regional Committee shall be : (a)to formulate policies governing matters of an exclusively regional character ; (b)to supervise the activities of the Regional Office ; (c)to suggest to the Regional Office the calling of technical conferences and such additional work or investigation in health matters as in the opinion of the Regional Committee would promote the objective of the Organization within the region ; (d)to co-operate with the respective regional committees of the United Nations and with those of other specialized agencies and with other regional international organizations having interests in common with the Organization ; (e)to tender advice, through the Director-General, to the Organization on international health matters which have wider than regional significance ; (f)to recommend additional regional appropriations by the Governments of the res- pective regions if the proportion of the central budget of the Organization allotted to that region is insufficient for the carrying-out of the regional functions ; (g)such other functions as may be delegated to the Regional Committee by the Health Assembly, the Board or the Director-General. Article 51. Subject to the general authority of the Director-General of the Organization, the Regional Office shall be the administrative organ of the Regional Committee.It shall, in addition, carry out within the region the decisions of the Health Assembly and of the Board. . Article 52. The head of the Regional Office shall be the Regional Director appointed by the Board in agreement with the Regional Committee. Article 53. The staff of the Regional Office shall be appointed in a manner to be determined by agreement between the Director-General and the Regional Director. - 107 - FINAL ACTS

Article 54. The Pan American Sanitary Organization represented by the Pan American Sanitary Bureau and the Pan American Sanitary Conferences, and all other inter-governmental regional health organizations in existence prior to the date of signature of this Constitution, shall in due course be integrated with the Organization. This integration shall be effected as soon as practicable through common action based on mutual consent of the competent authorities expressed through the organizations concerned.

CHAPTER XII. - BUDGET AND EXPENSES Article 55. The Director-General shall prepare and submit to the Board the annual budget estimates of the Organization.The Board shall consider and submit to the Health Assembly such budget estimates, together with any recommendations the Board may deem advisable. Article 56. Subject to any agreement between the Organization and the United Nations, the Health Assembly shall review and approve the budget estimates and shall apportion the expenses among the Members in accordance with a scale to be fixed by the Health Assembly. Article 57. The Health Assembly or the Board acting on behalf of the Health Assembly may accept and administer gifts and bequests made to the Organization provided that the conditions attached to such gifts or bequests are acceptable to the Health Assembly or the Board and are consistent with the objective and policies of the Organization. Article 58. A special fund to be used at the discretion of the Board shall be established to meet emergencies and unforeseen contingencies.

CHAPTER XIII. - VOTING Article 59. Each Member shall have one vote in the Health Assembly. Article 6o. (a)Decisions of the Health Assembly on important questions shall be made by a two- thirds majority of the Members present and voting.These questions shall include :the adoption of conventions or agreements ; the approval of agreements bringing the Organization into relation with the United Nations and inter-governmental organizations and agencies in accordance with Articles 69, 70 and 72 ;amendments to this Constitution. (b)Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the Members present and voting. (c)Voting on analogous matters in the Board and in committees of the Organization shall be made in accordance with paragraphs (a) and (b) of this Article.

CHAPTER XIV. -- REPORTS SUBMITTED BY STATES Article 6.r. Each Member shall report annually to the Organization on the action taken and progress achieved in improving the health of its people.

Article 62. Each Member shall report annually on the action taken with respect to recommendations made to it by the Organization and with respect to conventions, agreements and regulations.

Article 63. Each Member shall communicate promptly to the Organization important laws, regula- tions, official reports and statistics pertaining to health which have been published in the State concerned. FINAL ACTS - 108 -

Article 64. Each Member shall provide statistical and epidemiological reports in a manner to be determined by the Health Assembly. Article 65. Each Member shall transmit upon the request of the Board such additional information pertaining to health as may be practicable.

CHAPTER XV. - LEGAL CAPACITY, PRIVILEGES AND IMMUNITIES Article 66. The Organization shall enjoy in the territory of each Member such legal capacity as may be necessary for the fulfilment of its objective and for the exercise of its functions.

Article 67. (a)The Organization shall enjoy in the territory of each Member such privileges and immunities as may be necessary for the fulfilment of its objective and for the exercise of its functions. (b)Representatives of Members, persons designated to serve on the Board and technical and administrative personnel of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Organization. Article 68. Such legal capacity, privileges and immunities shall be defined in a separate agreement to be prepared by the Organization in consultation with the Secretary-General of the United Nations and concluded between the Members.

CHAPTER XVI. - RELATIONS WITH OTHER ORGANIZATIONS Article 69. The Organization shall be brought into relation with the United Nations as one of the specialized agencies referred to in Article 57 of the Charter of the United Nations. The agree- ment or agreements bringing the Organization into relation with the United Nations shall be subject to approval by a two-thirds vote of the Health Assembly.

Article 70. The Organization shall establish effective relations and co-operate closely with such other inter-governmental organizations as may be desirable. Any formal agreement entered into with such organizations shall be subject to approval by a two-thirds vote of the Health Assembly. Article 71. The Organization may, on matters within its competence, make suitable arrangements for consultation and co-operation with non-governmental international organizations and, with the consent of the government concerned, with national organizations, governmental or non- governmental. Article 72. Subject to the approval by a two-thirds vote of the Health Assembly, the Organization may take over from any other international organization or agency whose purpose and activi- ties lie within the field of competence of the Organization such functions, resources and obligations as may be conferred upon the Organization by international agreement or by mutually acceptable arrangements entered into between the competent authorities of the respective organizations.

CHAPTER XVII. - AMENDMENTS Article 73. Texts of proposed amendments to this Constitution shall be communicated by the Director-General to Members at least six months in advance of their consideration by the Health Assembly.Amendments shall come into force for all Members when adopted by a two-thirds vote of the Health Assembly and accepted by two-thirds of the Members in accordance with their respective constitutional processes. - 109 - FINAL ACTS

CHAPTER XVIII. - INTERPRETATION Article 74. The Chinese, English, French, Russian and Spanish texts of this Constitution shall be regarded as equally authentic. Article 75. Any question or dispute concerning the interpretation or application of this Constitution which is not settled by negotiation or by the Health Assembly shall be referred to the Inter- national Court of Justice in conformity with the Statute of the Court, unless the parties concerned agree on another mode of settlement.

Article 76. Upon authorization by the General Assembly of the United Nations or upon authorization in accordance with any agreement between the Organization and the United Nations,the Organization may request the International Court of Justice for an advisory opinion on any legal question arising within the competence of the Organization.

Article 77. The Director-General may appear before the Court on behalf of the Organization in connection with any proceedings arising out of any such request for an advisory opinion. He shall make arrangements for the presentation of the case before the Court, including arrange- ments for the argument of different views on the question.

CHAPTER XIX. - ENTRY INTO FORCE Article 78. Subject to the provisions of Chapter III, this Constitution shall remain open to all States for signature or acceptance. Article 79. (a)States may become parties to this Constitution by (i) signature without reservation as to approval ; (ii) signature subject to approval followed by acceptance ;or (iii)acceptance. (b)Acceptance shall be effected by the deposit of a formal instrument with the Secretary- General of the United Nations. Article 80. This Constitution shall come into force when twenty-six Members of the United Nations have become parties to it in accordance with the provisions of Article 79.

Article 81. In accordance with Article 102 of the Charter of the United Nations, the Secretary- General of the United Nations will register this Constitution when it has been signed without reservation as to approval on behalf of one State or upon deposit of the first instrument of acceptance. Article 82. The Secretary-General of the United Nations will inform States parties to this Constitu- tion of the date when it has come into force. He will also inform them of the dates when other States have become parties to this Constitution. IN FAITH WHEREOF the undersigned representatives, having been duly authorized for that purpose, sign this Constitution. 1 DONE in the City of New York this twenty-second day of July 1946, in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authen- tic. The original texts shall be deposited in the archives of the United Nations. The Secretary- General of the United Nations will send certified copies to each of the Governments represented at the Conference.

1 For list of signatures, see page 115. FINAL ACTS - 110 -

C. ARRANGEMENT CONCLUDED BY THE GOVERNMENTS REPRESENTED AT THE INTERNATIONAL HEALTH CONFERENCE

THE GOVERNMENTS represented at the International Health Conference convened on 19 June 1946 in the City of New York by the Economic and Social Council of the United Nations, Having agreed that an international organization to be known as the World Health Organization shall be established, Having this day agreed upon a Constitution for the World Health Organization, and Having resolved that, pending the coming into force of the Constitution and the establish- ment of the World Health Organization, as provided in the Constitution, an Interim Commission should be established,

AGREE as follows :

1. There is hereby established an Interim Commission of the World Health Organization consisting of the following eighteen States entitled to designate persons to serve on it :Austra- lia, Brazil, Canada, China, Egypt, France, India, Liberia, Mexico, Netherlands, Norway, Peru, Ukrainian Soviet Socialist Republic, United Kingdom, United States of America, Union of Soviet Socialist Republics, Venezuela and Yugoslavia. Each of these States should designate to the Interim Commission a person technically qualified in the field of health, who may be accompanied by alternates and advisers.

2.The functions of the Interim Commission shall be ; (a)To convoke the first session of the World Health Assembly as soon as practicable, but not later than six months after the date on which the Constitution of the Organization comes into force ; (b)To prepare and submit to the signatories to this Arrangement, at least six weeks before the first session of the Health Assembly, the provisional agenda for that session and necessary documents and recommendations relating thereto, including : (i)proposals as to programme and budget for the first year of the Organization ; (ii)studies regarding location of headquarters of the Organization ; (iii)studies regarding the definition of geographical areas with a view to the eventual establishment of regional organizations as contemplated in Chapter XI of the Constitution, due consideration being given to the views of the governments con- cerned ; and (iv)draft financial and staff regulations for approval by the Health Assembly. In carrying out the provisions of this paragraph due consideration shall be given to the proceedings of the International Health Conference. (c)To enter into negotiations with the United Nations with a view to the preparation of an agreement or agreements as contemplated in Article 57 of the Charter of the United Nations and in Article 69 of the Constitution. Such agreement or agreements shall : (i)provide for effective co-operation between the two organizations in the pursuit of their common purposes ; (ii)facilitate, in conformity with Article 58 of the Charter, the co-ordination of the policies and activities of the Organization with those of other specialized agencies ; and (iii)at the same time recognize the autonomy of the Organization within the field of its competence as defined in its Constitution. (d)To take all necessary steps to effect the transfer from the United Nations to the Interim Commission of the functions, activities, and assets of the League of Nations Health Organization which have been assigned to the United Nations ; (e) To take all necessary steps in accordance with the provisions of the Protocol concern- ing the Office International d'Hygiène Publique signed 22 July 1946 for the transfer to the Interim Commission of the duties and functions of the Office, and to initiate any action necessary to facilitate the transfer of the assets and liabilities of the Office to the World Health Organization upon the termination of the Rome Agreement of 1907 ; FINAL ACTS

(f)To take all necessary steps for assumption by the Interim Commission of the duties and functions entrusted to the United Nations Relief and Rehabilitation Administration by the International Sanitary Convention, 1944, modifying the International Sanitary Convention of 21 June 1926, the Protocol to prolong the International Sanitary Convention, 1944, the International Sanitary Convention for Aerial Navigation, 1944, modifying the International Sanitary Convention for Aerial Navigation of 12 April 1933, and the Protocol to prolong the International Sanitary Convention for Aerial Navigation, 1944 ; (g)To enter into the necessary arrangements with the Pan American Sanitary Organiz- ation and other existing inter-governmental regional health organizations with a view to giving effect to the provisions of Article 54 of the Constitution, which arrangements shall be subject to approval by the Health Assembly ; (h)To establish effective relations and enter into negotiations with a view to concluding agreements with other inter-governmental organizations as contemplated in Article 70 of the Constitution ; (i)To study the question of relations with non-governmental international organizations and with national organizations in accordance with Article 71 of the Constitution, and to make interim arrangements for consultation and co-operation with such organizations as the Interim Commission may consider desirable ; (j)To undertake initial preparations for revising, unifying and strengthening existing international sanitary conventions ; (k)To review existing machinery and undertake such preparatory work as may be necessary in connexion with : (i) the next decennial revision of " The International Lists of Causes of Death " (including the lists adopted under the International Agreement of 1934 relating to Statistics of Causes of Death) ;and (ii)the establishment of International Lists of Causes of Morbidity ; (1) To establish effective liaison with the Economic and Social Council and such of its commissions as may appear desirable, in particular the Commission on Narcotic Drugs ;and (m)To consider any urgent health problem which may be brought to its notice by any Government, to give technical advice in regard thereto, to bring urgent health needs to the attention of Governments and organizations which may be in a position to assist, and to take such steps as may be desirable to co-ordinate any assistance such Governments and organizations may undertake to provide. 3.The Interim Commission may establish such committees as it considers desirable. 4.The Interim Commission shall elect its Chairman and other officers, adopt its own rules of procedure, and consult such persons as may be necessary to facilitate its work. 5.The Interim Commission shall appoint an Executive Secretary who shall : (a)be its chief technical and administrative officer ; (b)be ex-officio secretary of the Interim Commission and of all committees established by it ; (c)have direct access to national health administrations in such manner as may be acceptable to the government concerned ;and (d)perform such other functions and duties as the Interim Commission may determine. 6. The Executive Secretary, subject to the general authority of the Interim Commission, shall appoint such technical and administrative staff as may be required. In making these appointments he shall have due regard for the principles embodied in Article 35 of the Constitution. He shall take into consideration the desirability of appointing available personnel from the staffs of the League of Nations Health Organization, the Office International d' Hygiène Publique, and the Health Division of the United Nations Relief and Rehabilitation Administra- tion. He may appoint officials and specialists made available by Governments. Pending the recruitment and organization of his staff, he may utilize such technical and administrative assistance as the Secretary-General of the United Nations may make available. 7.The Interim Commission shall hold its first session in New York immediately after its appointment and shall meet thereafter as often as may be necessary, but not less than once in every four months. At each session the Interim Commission shall determine the place of its next session. 8. The expenses of the Interim Commission shall be met from funds provided by the United Nations and for this purpose the Interim Commission shall make the necessary ar- rangements with the appropriate authorities of the United Nations.Should these funds be insufficient, the Interim Commission may accept advances from Governments. Such advances may be set off against the contributions of the Governments concerned to the Organization. FINAL ACTS - 112 -

9. The Executive Secretary shall prepare and the Interim Commission shall review and approve budget estimates : (a)for the period from the establishment of the Interim Commission until 31 , and (b)for subsequent periods as necessary. io.The Interim Commission shall submit a report of its activities to the Health Assembly at its first session. The Interim Commission shall cease to exist upon resolution of the Health Assembly at its first session, at which time the property and records of the Interim Commission and such of its staff as may be required shall be transferred to the Organization. 12. This Arrangement shall come into force for all signatories on this day's date.

IN FAITH WHEREOF the undersigned representatives, having been duly authorized for that purpose, sign this Arrangement in the Chinese, English, French, Russian and Spanish languages, all texts beings equally authentic. SIGNED in the City of New York this twenty-second day of July 1946.

* For list of signatures, see page -.15. - "3 - FINAL ACTS

D. PROTOCOL CONCERNING THE OFFICE INTERNATIONAL D'HY GIÈNE PUBLIQUE Article r. The Governments signatories to this Protocol agree that, as between themselves, the duties and functions of the Office International d'Hygidne Publique as defined in the Agreement signed at Rome on 9 December 1907, shall be performed by the World Health Organization or its Interim Commission and that, subject to existing international obligations, they will take the necessary steps to accomplish this purpose.

Article 2. The Parties to this Protocol further agree that, as between themselves, from the date when the Protocol comes into force, the duties and functions conferred upon the Office by the International Agreements listed in Annex i * shall be performed by the Organization or its Interim Commission. Article 3. The Agreement of 1907 shall be terminated and the Office dissolved when all Parties to the Agreernent have agreed to its termination.It shall be understood that any Government Party to the Agreement of 1907 has agreed, by becoming Party to this Protocol, to the termination of the Agreement of 1907.

Article 4. The Parties to this Protocol further agree that, if all the Parties to the Agreement of 1907 have not agreed to its termination by 15 November 1949, they will then, in accordance with Article 8 thereof, denounce the Agreement of 1907.

Article 5. Any Government Party to the Agreement of 1907 which is not a signatory to this Protocol may at any time accept this Protocol by sending an instrument of acceptance to the Secretary- General of the United Nations, who will inform all signatory and other Governments which have accepted this Protocol of such accession.

Article 6. Governments may become parties to this Protocol by : (a)signature without reservation as to approval ; (b)signature subject to approval followed by acceptance ; or (c) acceptance. Acceptance shall be effected by the deposit of a formal instrument with the Secretary- General of the United Nations. Article 7. This Protocol shall come into force when twenty Governments Parties to the Agreement of 1907 have become Parties to this Protocol. IN FAITH WHEREOF the duly authorized representatives of their respective Governments have signed the present Protocol, which is drawn up in the English and French languages, both texts being equally authentic, in a single original which shall be deposited with the Secretary-General of the United Nations.Authentic copies shall be furnished by the Secretary-General of the United Nations to each of the signatory and accepting Governments and to any other Government which, at the time this Protocol is signed, is a Party to the Agreement of 1907. The Secretary-General will as soon as possible notify each of the Parties to this Protocol when it comes into force. DONE in the City of New York this twenty-second day of July 1946 **.

* See page 114. ** For list of signatures, see page 115. FINAL ACTS --

Annex 1 of the Protocol concerning the Office International d'Hygiène Publique.

1. International Sanitary Convention of 21 June 1926. 2. Convention modifying the International Sanitary Convention of 21 June 1926, signed 31 October 1938.

3 .International Sanitary Convention, 1944, modifying the International Sanitary Convention of 21 June 1926. 4. Protocol to prolong the International Sanitary Convention, 1944 (opened for signature 23 April 1946 ; in force, 30 April 1946).

5 .International Sanitary Convention for Aerial Navigation of 12 April 1933. 6. International Sanitary Convention for Aerial Navigation, 1944, modifying the International Sanitary Convention for Aerial Navigation of 12 April 1933. 7. Protocol to prolong the International Sanitary Convention for Aerial Navigation, 1944 (opened for signature 23 April 1946 ; in force, 30 April 1946). 8. International Agreement relating to Facilities to be accorded to Merchant Seamen in the Treatment of Venereal Diseases, Brussels, i December 1924. 9. Convention on Traffic in Opium and Drugs, Geneva, 19 February 1925. IO. Convention for limiting the Manufacture and regulating the Distribution of Narcotic Drugs, Geneva, 13 July 1931.

.Convention relating to the Anti-diphtheria Serum, Paris, i August 193o. 12. International Convention for Mutual Protection against Dengue Fever, Athens, 25 July 1934. 13. International Agreement for dispensing with Bills of Health, Paris, 22 December 1934. 14. International Agreement for dispensing with Consular Visas on Bills of Health, Paris, 22 December 1934. 15. International Agreement concerning the Transport of Corpses, , io February 1937. - 115 - FINAL ACTS

E. SIGNATURES OF THE FINAL ACTS

Countries (Members of the Arrangement establishing Protocol concerning the Office United Nations) and Delegates Final Act Constitution of the WHO the Interim Commission International d'Hygitne Pub lique

Argentina : S S S 5* ALBERTO ZWANCE ad referendum ad referendum

Australia : S S S S* A. H. TANGE SubjecttoapprovalSubjecttoapprovalSubjecttoapproval and acceptance by and acceptance by and acceptance by Government of Government of Government of Commonwealth of Commonwealth of Commonwealth of Australia Australia Australia

Belgium : S S S S* Dr. M. DE LAET Subject to ratificationSubject to ratificationSubject to ratification

Bolivia : S S S Ss Luts V. SOTELO ad referendum

Brazil : S S S S* GERALDO H. DE PAULA ad referendum ad referendum SOUZA

Byelorussian Soviet Socialist Republic : S S S S N. EVSTAFIEV Subject to ratification by the Government

Canada : S S S S* BROOKE CLAXTON Subject to approval Subject to approval BROCK CHISHOLM

Chile : S S S S* JULIO BUSTOS Subject to constitu- ad referendum tional approval

China : S S S S SHEN J . K. L. CHIN YUAN SZEMING SZE

Colombia : S S S S CARLOS URIBE AGUIRRE ad referendum

Costa Rica : S S S S JAIME BENAVIDES ad referendum

Cuba : S S S S Dr. PEDRO NOGUEIRA ad referendum ad referendum ad referendum VICTOR SANTAMARINA

Czechoslovakia : S S S S* Dr. JOSEF CAN6IK ad referendum ad referendum ad referendum

Denmark : S S S S* J. OERSKOV ad referendum ad referendum ad referendum

Dominican Republic : S S S S Dr. L. F. THOMEN ad referendum ad referendum

Ecuador : S S S S R. NEVAREZ VÁSQUEZ ad referendum ad referendum

Egypt : S S S S* Dr. A. T. CHOUCHA Subject to ratification Subject to ratification TAHA ELSAYED NASR bey M. S. ABAZA

The name forms used by delegates in signing are followed in this table. S = Signature. S. = Signatory country was also a party to the Rome Agreement, 9 December toy, setting up the Office International d'HygiMe Publique. FINAL ACTS - 116 -

E. SIGNATURES OF THE FINAL ACTS (continued)

Countries (Members of the Final Act Constitution of the WHO Arrangement establishing Protocol concerning the Office United Nations) and Delegates the Interim CommiSsion International d'Hygiene Publique

El Salvador ARISTIDES MOLL ad referendum ad referendum

Ethiopia : G. TESEMMA Subject to ratification Subject to ratification

France : S* J. PARISOT ad referendum ad referendum

Greece S Dr. PHOKION KOPANARIS ad referendum ad referendum

Guatemala : G. MORÁN ad referendum ad referendum ad referendum J. A. Muf4c)z

Haiti RULX LEÓN ad referendum ad referendum

Honduras JUAN MANUEL FIALLOS ad referendum ad referendum

India : S* C. K. LAKSHMANAN Subject to ratification.These signaturesareSubject to ratification. C. MANI These signatures are appended in agree- These signatures are appended in agree- ment with His Ma- appended inagree- ment with His Ma- jesty'sRepresenta- ment with His Ma- jesty'sRepresenta- tive for the exercise jesty'sRepresenta- tive for the exercise of the functions of tive for the exercise of the functions of the Crown in its rela- of the functions of the Crown in its rela- tions with the Indian the Crown in its rela- tions with the Indian States tions with the Indian States States

Iran : S* GHASSEME GHANI Subject to ratification Subject to ratification H. HAFEZI by IranianParlia- byIranianParlia- ment (Madjliss) ment (Madjliss)

Iraq S* S. AL-ZAHAWI ad referendum ad referendum Dr. IHSAN DOGRA1VIAJI

Lebanon S* GEORGES HAKIM ad referendum ad referendum Dr. A. MAKHLOUF

Liberia : JOSEPH NAGBE TOGBA ad referendum ad referendum JOHN B. WEST

Luxembourg S* Dr. M. DE LAET Subject to ratificationSubject to ratificationSubject to ratification

Mexico : S* MONDRAGÓN ad referendum ad referendum

Netherlands S* C. VAN DEN BERG ad referendum ad referendum ad referendum C. BANNING W. A. TIMMERMAN

New Zealand : S* T. R. RITCHIE ad referendum ad referendum ad referendum

The name forms used by delegates in signing are followed in this table. S e. Signature. Ss Signatory country was also a party to the Rome Agreement, 9 December 190, setting up the Office International d'HygiMe Publique. - 117 - FINAL ACTS

E. SIGNATURES OF THE FINAL ACTS (continued)

Countries (Members of the Arrangement establishing Protocol concerning the Office United Nations) and Delegates Final Act Constitution of the WHO the Interim Commission International d'HygiPne Pub lique , Nicaragua : S S S S A. SEVILLA-SACASA ad referendum ad referendum ad referendum

Norway : S S S S* HANS TH. SANDBERG ad referendum ad referendum ad referendum

Panama : S S S S J. J. VALLARINO ad referendum ad referendum ad referendum

Paraguay : S S S S ANGEL R. GI/sits ad referendum ad referendum

Peru : S S 5 S''' CARLOS ENRIQUE PAZ ad referendum ad referendum SOLDAN A. TORANZO

Philippines : S S S S H. LARA ad referendum WALFRIDO DE LEON

Poland : S S S S* EDWARD GRZEGORZEWSKI ad referendum

Saudi Arabia : S S S S* Dr. YAHIA NASRI Subject to ratification Dr. MEDHAT CHEIKH-AL- ARDH

Syria : S S S S* Dr. C. TREFI Subject to ratification Subject to ratificatior

Turkey : S S S S* Z. N. BARKER Subject to ratification. I sign subject to ap- proval and confir- mation by my Go- vernment

Ukrainian Soviet Socialist Republic : S S S S L. I. MEDVED Subject to ratification I. I. KALTCHENKO bytheSupreme Council of the Ukrai- nian Soviet Socialist Republic

Union of Soviet Socialist Republics : S S S S* F. G. KROTKOV Subject to ra-Subject to ratification tification by by the Presidium of the Presi- the Supreme Council dium of the of the USSR Supreme Council of the USSR

Union of South Africa : S S S S* H. S. GEAR ad referendum ad referendum ad referendum

United Kingdom of Great Britain and Northern Ireland : S S S S* MELVILLE D. MACKENZIE G. E. YATES

The name forms used by delegates in signing are followed in this table. S = Signature. S* = Signatory country was also a party to the Rome Agreement, 9 December 1907, setting up the Ortce International cl'Hygiane Publique. FINAL ACTS - ii8

E. SIGNATURES OF THE FINAL ACTS (continued)

Countries (Members of the Final Act Arrangement establishing Protocol concerning the Office United Nations) and Delegates Constitonuti of the WHO the Interim Commission International d'Hygihne Publique

United States of America : S S S S* THOMAS PARRAN Subject to approval Subject to approval MARTHA M. ELIOT FRANK G. BOUDREAU

Uruguay : S S S S* Jost A. MORA ad referendum ad referendum R. EIVERO CARLOS M. BARBEROUSSE

Venezuela : S ' S S S A. ARREAZA GUZMAN ad referendum ad referendum ad referendum

Yugoslavia : S S S S* Dr. A. STAMPAR With reservation as to With reservation as to ratification ratification

Countries (non-members of the United Nations at time of signature) and Delegates

Albania : S S S S T. JAKOVA With reservation

Austria : S S S S Dr. MARIUS KAISER With reservation

Bulgaria : S S S S* Dr. D. P. ORAHOVATZ Subject to ratification

Eire : S S S S* JOHN D. MACCORMACK Subject to acceptance Subject to acceptance

Finland : S S S S OSMO TURPEINEN ad referendum

Italy : S S S 5* GIOVANNI ALBERTO Subject to ratification Subject to ratification CANAPERIA

Portugal : S S S S'' FRANCISCO C. CAMBOURNAC Subject to ratification Subject to ratification

Siam : S S S S BUNLIANG TAMTHAI Subject to approval

Switzerland : S S S S* Dr. J. EUGSTER Subject to ratification Subject to ratification A. SAUTER

Transjordan : 5 S S S Dr. D. P. TUTUNJI Subject to ratification

The name forms used by delegates in signing are followed in this table. S = Signature. S. = Signatory country was also a party to the Rome Agreement, 9 December 1907, setting up the Office International cl'Hygibne Publique. - 119 - ANNEXE I

Annex 1. RESOLUTION ADOPTED *ON r r JUNE 1946 BY THE ECONOMIC AND SOCIAL COUNCIL RELATIVE TO THE REPORT OF THE TECHNICAL PREPARATORY COMMITTEE OF EXPERTS

The Economic and Social Council considereda procedure such as is outlined in section XIX on 27 May 1946 the report of the Technical Pre-of the report of the Technical Preparatory Com- paratory Committee for the International Healthmittee, under which States may sign with or Conference 2 which is to set up a single International without reservation as to subsequent legislative Health Organization of the United Nations, and approval and ratification, according to the require- formed a Drafting Committee to deal with thisments of their constitutional legislation. question, made up of representatives of : Belgium, The Constitution should come into force when Chile, China, Czechoslovakia, France, Peru, the the specified number of signatures without reserva- United Kingdom, the United States of America,tions and ratifications has been obtained.Two the Union of Soviet Socialist Republics and Yugo-members considered that this number should be slavia, under the chairmanship of Sir Ramaswami twenty-six. Mudaliar (India). 6. On the basis of the views expressed by the The Drafting Committee met on r, 4 and 8 June members of the Council at their meeting on 27 May, 1946. and its own meetings ofI,4 and 8 June, the Draft- r. The Committee, fully alive to the desirabilitying Committee submits for adoption the following of early co-operation of all countries in the healthdraft resolution, to the Council : field, and taking into account the nearness of the THE ECONOMIC AND SOCIAL COUNCIL : opening of the Health Conference, decided to r. NOTES with satisfaction the report (Journal invite at once to attend that conference, observersof the Economic and Social Council No. 13, 22 from sixteen States not members of the UnitedMay 1946, pages 138 to 155) of the Technical Nations, from Allied commissions of control inPreparatory Committee which, as a result of its three other countries, and from ten internationalresolution of 15 February 1946, met in Paris to organizations interested in public health. prepare the International Health Conference which 2. The Committee considered a series of pointsis to set up the Health Organization of the United which had given rise to observations in the discus-Nations, and thanks the Chairman and the mem- sions by the Council of the report of the Technicalbers of this Committee for the excellent work they Preparatory Committee. have accomplished ; 3. By a majority of five to four, the Committee 2. ENDORSES recommendation III of the Tech- decided to recommend that the Constitution Con-nical Preparatory Coinmittee and confirms the ference should give to the World Health Organiza- decision of the Drafting Committee to issue invita- tion authority to prepare and sign conventionstions immediately to send observers to the Inter- (section VI, 3 (e) of the report 8).The minoritynational Health Conference to : was not opposed to such an authority but con- sidered that the Committee's opinion should have (a) The Governments of : Afghanistan, Albania, been expressed in the form of an observationAustria, Bulgaria, Eire, Finland, Hungary, Iceland, rather than a recommendation. Italy, Portugal, Roumania, Siam, Sweden, Switzer- land, Transjordan and Yemen ; 4. The Committee discussed the question of regional health bureaux (section XII of -the Pre- ( b)AlliedcontrolauthoritiesinGermany, paratory Committee's report 4), and their relation- Japan and Korea ; ship to the " single World Health Organization " (c) The following international organizations to be set up ; five of its members desired that theinterested in public health :International Labour Council recommend Alternative A of the reportOrganization,United Nations Food and Agri- which corresponds to the placing of the regionalculture Organization, United Nations Relief and bureaux under the authority of the Health Organ-Rehabilitation Administration, United Nations Edu- ization.Five other members preferred to let thecational,Scientificand CulturalOrganization, Conference decide what relationship should existProvisional International Civil Aviation Organiza- between the regional bureaux and the centraltion,Office Internationald'HygiènePublique, Organization, the views expressed by the members Pan American Sanitary Bureau, League of Red of the Council on the subject being communicated CrossSocieties,Rockefeller Foundation, World to the Conference for its information. Federation of Trade Unions ; 5. The Committee considered the proposal made 3. APPROVES recommendation IV of the Tech- by one member according to which the Constitution nical Preparatory Committee regarding the setting- of the Health Organization should enter into forceup by the International Health Conference of an by a resolution of the General Assembly of theInterim (Health) Commission in the event of the United Nations in September. Health Organization not being established upon Five members expressed the opinion that thisthe conclusion of the June Conference, the functions method was not practicable in the present stateof this Interim Commission being those enumerated of their national constitutional laws and favouredin the above-mentioned resolution and such others as the Conference may determine ; 1. See Off. Rec. Economic and Social Council, first year, second session, 4. RECOMMENDS that until such time as the pages 341-346. 2 Ibid., pages 140-163. convention creating the Health Organization comes See 09. Rec. WHO, No. r, page 7r. 4 Ibid., page 73. 4. See 09. Rec. WHO, No. x, page 75. ANNEX - /20 -

into force, and the Health Organization is in a (One member considered, however, that this position to start functioning, the Department ofsubject should be dealt with exclusively by the Social Affairs of the United Nations should act as International Laboúr Organiza tion.) (i) the secretariat of this Commission and constitute the temporary machinery mentioned in recom-III (j). mendation V, and, among other functions, carry on the present activities of the League of Nations A systematic information service on research Health Organization ; on curative and preventive medicine should be 5.APPROVES also recommendation VI of themaintained by the Health Organization. (VI') Technical Preparatory Committee's report regard- ing the absorptionof theOfficeInternational Membership. d'Hygihne Publique by the Health Organization,IV r and 3. and recommendation VII concerning the assump- tion, without interruption, by the latter, or by its The desirability of all States participating in the Interim Commission and secretariat, and, at thestruggle against disease and particularly epidemic request of either the Organization or the Interim disease, is recognized, but the competent authority Commission, of the functions and duties assigned of the United Nations should regulate admission to to the United Nations Relief and Rehabilitationmembership. (r) Administration by theInternationalSanitary Conventions of 1944 ; and IV 4. 6. TRANSMITStotheInternationalHealth Suspension of membership privileges, provided Conference a list of recommendations, suggestions in the report, seems to provide against participa- and observations made by one or several of itstion of undesirable States in the Organization. (r) members in full session (27 May) or in the Drafting Committee (1, 4 and 8 June 1946), in the discussion of the Technical Preparatory Committee's report, Functions of the World Health Conference. together with the full records of its debates on this subject. VI 3 (e) and III (p). The World Health Conference should be em- Appendix. powered to prepare and sign international conven- RECOMMENDATIONS, SUGGESTIONS AND OBSERVA- tionswithoutrecoursetospecialdiplomatic TIONS MADE BY MEMBERS OF THE ECONOMIC conferences. AND SOCIAL COUNCIL, IN FULL SESSION (27 MAY) (N.B.This was recommended by a majority of OR IN THE DRAFTING COMMITTEE (I, 4 AND 8 PINE five to four in the Drafting Committee, the minority 1946), CONCERNING THE REPORT OF THE TECH- prefering to present it as an observation.) NICAL PREPARATORY COMMITTEE FOR THE INTER- Special provision should be made for the signing NATIONAL HEALTH CONFERENCE 1 of international health conventions and regulations, (The items are listed in the order in which theyto cover the particular constitutional position of are given in the report of the Technical Preparatoryfederal States. (r*) Committee 2;figures in brackets referto the number of members who expressed the opinion VI 3 (1). mentioned ;an asterisk(*)indicates that no dissenting opinion was voiced.) International health regulations should be in force only inStates formally accepting them, Functions of the Health Organization. instead of in those not formally rejecting them. (2) (The opposite view was held on grounds of III (a) (b) (f) (g). expediency by one member.) (1) Should include urgent health relief measures in Regulations regarding medical standards and war-scarred territories (such as Greece) and includebiological remedies for international trade should particularly protection of the child,control ofnot be obligatory but submitted as recommenda- malaria and tuberculosis.(Co-operation for thistions. work should be established with the Social Com- mission of the United Nations.) (2*) Regional Arrangements. XII A and XVII 2 (b). III (g) and I.Preamble, seventh paragraph. Psychological preparation of forhar- Existing international regional health organiza- monious social and international relations is nottions (Pan American Sanitary Bureau) should the exclusive responsibility of the Health Organ-be absorbed by the World Health Organization ization, but is part of the field of UNESCO. (r*) (alternative A). (N.B.This was recommended by a majority of III (i). five to four in the Drafting Committee.) Should explicitly include social (health) legisla- tion, including health insurance (r) the subjectXII B. being dealt with in co-operation with the Inter- national Labour Organization. (4) Should be co-ordinated with the World Health Organization (alternative B).Two members con- 1The opinion was expressed by three members that a detailed discussion sidered that the role of the Health Organization of the proposals of the Technical Preparatory Committee was the function of the International Health Conference itself rather than of the Council. was to co-ordinate and to recommend, rather than 2 See og. Rec. WHO, No. x, Annex 23. direct the regional health work. (2) - 121 - ANNEXES I, 2

(N.B. A resolution leaving the choice between The staff of the Health Organization should as alternatives A and B to the Conference was thefar as practicable have the same statute, regula- subject of a five to five vote.) tions, salary scales, etc., as that of the United In any case the regional health organization Nations,topermittransfersand promotions should act as regional bureaux of the World Health between them. (x*) Organization. (4*) It should have the same loyalties and freedom Regional committees should carry out the mainfrom national influences. (1*) work of the Organization.They should be set up only by decision of the Conference. XVII (2b)Relations with specialized inter-govern- In solving the question of the location and com- mental organizations. position of the executive staff of the committees, There should be a single Health Organization, the opinion of the States concerned with thewhich should absorb the existing international activities of each regional committee should behealth agencies. (Office International d'Hygiéne decisive. (1) Publique.) (2*) Finances. XIII. Entry into Force of the Constitution of the Health There should be a two-thirds majority in the Organization. Health Conference regarding decisions involving XIX I. important financial commitments. (2*) This entry should take place only after twenty- Financialconsiderationsshould not hampersixratificationsof-or fulladhesions to-the public health work, which pays dividends even inconstituting conventions from States Members of money. (1*) the United Nations are available. (2) Two other members held that, on the contrary, the entry into force should be expedited as much Relations with other Organizations. as possible, and that the Constitution of the Health Organization should be drafted in such a way as XVII 1.Relations with the United Nations. to make it possible for the United Nations Assembly The tie between the United Nations and thein September to decide upon its entry into force Health Organization should be evident initswithout awaiting more ratifications. (2) name. (I*) This procedure was, however, considered im- The moral credit of the Health Organization'spracticable in the present state of their national work should benefit the United Nations. (I*) constitutional legislation by five members. (5)

Annex 2. RULES OF PROCEDURE (ADOPTED BY THE CONFERENCE ON 24 JUNE 1946)

I. MEMBERSHIP Rule 6. Rule r. Any delegation representing a State Member of the United Nations shall be entitled to participate The delegates to the Conference shall be thosein the proceedings and voting of any working persons duly accredited as such by the Govern-committee of the Conference. ments of States Members of the United Nations. Rule 7. Rule 2. Observers duly accredited to the Conference Only delegates as defined by Rule 1, shall bemay attend the plenary meetings of the Confer- entitled to vote. ence and on the invitation of the President, submit Rule 3. their observations, but they may not vote. Each delegation shall be entitled to only one Rule 8. vote. Observers may likewise attend under similar Only one delegate shall have the right to speakconditions the meetings of the working committees, in the name of his delegation on any given question unless the latter decide otherwise. unless the President, at the request of the delega- tion, authorizes other delegates to speak. Rule 9. Observers may be accompanied by one or more Rule 4. technical advisers whether at plenary meetings or Delegates may be accompanied,atplenaryat the meetings of working committees. meetings and at meetings of committees and sub- Rule ro. committees, by one or more technical advisers. The Conference and its working committees may respectively invite to one or more of their meetings Rule 5. any person whose technicaladvice they may Such technical advisers may participate in thedeem to be useful for their work. Consultants thus proceedings and voting in the absence of, or asinvited may not speak unless requested by the substitutes for, the delegates. President.They shall not be entitled to vote. ANNEX 2 - 122 -

II. AGENDA Rule 23. Rule Ix. A delegate may at any time move the closure of the debate whether or not any other delegate The Conference may decide to revise the agendahas signified his wish to speak.If application is and may accord priority to certain items. made for permission to speak against the closure, it may be accorded to not more than two delegates. HI. MEETINGS Rule 24. Rule rz. The President shall take the sense of the Confer- In principle the meetings of the Conference shall ence on a motion for closure.If the Conference is be public.The committees shall themselves decidein favour of thj closure, the President shall declare whether their meetings shall be private or public.the closure of the debate. Meetings of sub-committees shall be private. IV. OFFICERS AND COMMITTEES Rule 13. OF THE CONFERENCE A quorum shall be constituted by a simple Rule 25. majority of the delegations representing States The Conference shall set up such committees Members of the United Nations. as may be required for the performance of its functions, and shall define the powers and com- Rule 14. position of each such committee. The texts of resolutions and substantive motions Rule 26. shall be introduced in writing and handed to the The Conference shall elect at a plenary meeting Secretary of the Conference when possible twenty- its own President and five Vice-Presidents, as four hours before they are laid before the Con-well as the Chairman of each of its working com- ference. mittees.Each such committee shall elect its own Rule 15. Vice-Chairman and Rapporteur. Decisions of the Conference shall be made by a majority of the delegations present and voting. Rule 27. The function of President (Chairman) or of Rule 16. Vice-President (Vice-Chairman) shall be conferred upon the person elected and not upon the delegation If a vote is equally divided on matters otherto which he belongs. than elections, a second vote shall be taken at the next meeting.If this vote also results in equality Rule 28. the proposal shall be regarded as rejected. The Presidents and Vice-Presidents of the Confer- ence and the Chairmen of the working committees, Rule 17. together with three delegates elected by the Confer- ence, shall constitute a General Committee and be At the request of any delegation, parts of aentrusted with the direction of the business of the resolution or motion shall be voted on separately.Conference and with the co-ordination of the work of its committees. Rule x8. Rule 29. If two or more amendments are proposed, the The Rules of Procedure of each of the working Conference shallfirstvote on the amendmentcommittees shall be the same as those of the furthest removed in substance from the original Conference ;Rules 13-24 of the latter on voting proposal and then on the amendment next furthestshall be applicable to the working committees removed, and so on until all the amendments have and their sub-committees. been voted on. Rule 19. Rule 30. When an amendment revises, adds to or deletes Each working committee shall set up such sub- from a resolution or motion, the amendment shallcommittees as may be required for the effective be voted on first, and if is adopted, the amendedperformance of its functions.It shall define the resolution or motion shall then be voted on. terms of reference, powers and composition of each such sub-committee. Rule 20. Rule 31. During the discussion of any matter, a delegate Unless otherwise decided by the working com- may rise to a point of order and the point of ordermittee concerned, each sub-committee shall elect shall be immediately decided by the President inits own Chairman, as well as his deputy in the event accordance with the Rules of Procedure. of the chairman being unable to exercise his func- tions. Rule 21. Rule 32. During the discussion of any matter, a delegate The Rules of Procedure of the Conference shall may move the adjournment of the debate.Anyso far as practicable apply to the proceedings of such motion shall have priority in the debate.Inthe sub-committee. addition to the proposer of the motion, one delegate may speak in favour of and one against the motion. V. SECRETARIAT Rule 33. Rule 22. The technical secretariat of the Conference and The Conference may limit the time allowed toof its committees and sub-committees shall be each speaker. provided under the authority of the Secretary- - 123 - ANNEXES 2, 3

General of the United Nations, by the Assistant VI. LANGUAGES Secretary-General in charge of the Department Rule 36. of Social Affairs, secretary-general ex-officio of the In respect of languages, the business of the Conference, and by the personnel of the HealthConference and of its committees and sub-com- Division of this Department. mittees shall be conducted in accordance with the provisions of the Rules of Procedure adopted by Rule 34. the Economic and Social Council of the United The secretary-general of the Conference and his Nations. 1 deputies may at any time, on the invitation of the President of the Conference or the Chairman of VII. AMENDMENT AND SUSPENSION OF RULES committees and sub-committees, make either oral Rule 37. or written statements concerning any question Any of these Rules may be amended or sus- under consideration. pended by a two-thirds majority of the delegations Rule 35. of the Conference present and voting. In accordance with a decision of the competent 1 Excerpts from Rules of Procedure of the Economic and Social Council: organs of the United Nations, no verbatim report Rule 27: Chinese, English, French, Russian and Spanish shall be the official languages, and English and French the working languages of the of the meetings of the committees and sub-com- Council. mittees shall be drawn up unless the necessity Rule 28: Speeches made in either of the working languages shall be interpreted into the other working language. therefor, in respect of a specific meeting or part of Rule 29: Speeches made in any other of the three official languages shall a meeting, is recognized by a committee or sub- be interpreted into both working languages. Rule 3o: Any representative may make a speech in a language other than committee. A summary record of each meeting the official languages. In this case he shall himself provide for interpretation shall, however, be drawn up by the secretariat in into one of the working languages.Interpretation into the other working language by an interpreter of the Secretariat may be based on the inter- the working languages. pretation given in the first working language.

Annex 3. MINUTES OF THE DISCUSSIONS IN COMMITTEE II ON THE SITE OF THE HEADQUARTERS OF THE WORLD HEALTH ORGANIZATION

[The report of Committee II (Administration andproviding that the site should be at the head- Finance)totheConference carried thefollowing quarters of the United Nations, by the delegation footnote: of Australia ; one providing that the headquarters " Since the determination of the headquartersshould be located in Paris, 'by the delegations of of the Organization is left to the Assembly of thethe Union of Soviet Socialist Republics, Ukraine, Organization to decide, the Committee recommends and Byelorussia ;and one providing that the that the summary records of the meetings of Com-headquarters of the Interim Commission should be mittee II in which this subject was discussedlocated at or near New York City, by the delegation should be made availabletothe Assembly forof China. its consideration in reaching a decision." Dr. SHEN (China) stated that his delegation also The discussions on the subject in the eleventh, suggested the deletion of Section XI on the ground twelfth,thirteenth and fourteenthmeetingshave that it was not necessary that the site of the head- accordingly been extracted and are reproduced below.]quarters should be written into the Constitution. In his opinion, it was nec,pssary at this time only to decide the site of the Interim Commission. COMMITTEE II Dr. LEÓN (Mexico) stated that the questions of EXTRACT FROM THE ELEVENTH MEETING the sites of the Interim Commission and of the Held on Friday, 5 July 1946, at .ro.13 a.m., permanent headquarters were two entirely different Hunter College, New York City. points.The Interim Commission was a purely Chairman :Dr. G. B. CHISHOLM (Canada). transitory arrangement, and there was no need for its site to be written into the Constitution. He suggested that discussion be confined to the subject 4. General Discussion on Section XI :Headquarters. of the permanent headquarters. The CHAIRMAN announced that six proposals Dr. BOUDREAU (United States of America), in had been submitted for the completion of Sectionopposing the proposal of the delegate of China, XI :three providing that the site of the head-stated that the authority to determine the location quarters should be decided by the Assembly, byof the headquarters should be clearly stated in the the delegations of the United Kingdom 2,the Constitution. United States of America 3 and Canada 4 ;one Dr. SHEN (China) stated his willingness to with- 1 See Off. Rec. WHO, No. I, page 73. draw his amendment in favour of those proposed 2 The United Kingdom proposal read : " The headquarters of the Organiza- tion should be located at such place as the Conference may determine". by the United Kingdom, United States and Canada. 3 The United States delegation proposed the following wording :" The Assembly should determine the location of the headquarters of the Organiza- Dr. TANGE (Australia)presented adetailed tion, and before reaching a decision in this matter should consult with the explanation of the proposal of his delegation to United Nations". 4 The delegation of Canada felt that the Organization should not bind locatethe headquarters of the World Health itself to have its headquarters fixed by its Constitution.It proposed the Organization at the headquarters of the United wording :" The headquarters of the Organization shall be located where the Assembly may decide". Nations. It was essential that all important inter- ANNEX 3 - 124 - national agencies should be centred at the head-the contrary, it was desirable that the Committee quarters of the United Nations in view of theshould decide right away on the matter, for which inclusive obligations stated in the Charter of the two solutions had been proposed :either to have United Nations toward health and other closelythe new organization at the seat of the United related economic and social problems.The SanNations, or to establish it in another capital. Francisco Conference had foreseen the great im- The former solution appeared a priori desirable portance of the close co-ordination of all inter- and convenient, but it entailed serious drawbacks. national agencies working toward human better-The seat of the United Nations was not yet defi- ment. Bringing the headquarters of these variousnitely fixed, and if the principle of establishment agencies together physically would be the firstin one and the same place were adopted, difficulties step in achieving co-ordination, simplifying co-would be encountered,particularlyasregards operative processes, and bringing about manyavailable space.The advantages of co-ordination economies in operation.Since the World Healthbetween the United Nations and the specialized Organization was composed of the representativesagencies were not necessarily linked to the close of Governments it would be impossible to dissociate proximity of those different organizations. There it from " political influences " as expressed inwould therefore seem to be no objection to the the draft of the Technical Preparatory Committee.seat of the Organization being fixed in some other Another point mentioned by the Technical Pre-place than the seat of the United Nations.Dr. paratory Committee, that the exact location ofMedved then submitted, on behalf of the delega- the United Nations Headquarters had not beentions of the Ukraine, the Union of Soviet Socialist settled, had been removed by the decision of the Republics and Byelorussia, the concrete proposal United Nations Assembly.He also pointed outto fix the seat of the Organization in Paris.The that the establishment of regional agencies wouldattitude of the French Government was not yet go far to remove any misgivings which might bedefinitely known. However, location inParis felt regarding too great centralization of inter-would be particularly favourable for the develop- national agencies in one location. ment of the new organization.Paris was a most important cultural centre, in constant touch with Dr. BUSTOS (Chile) supported the proposal oftwo other intellectual centres, London and Moscow, the delegate of Australia. He pointed out that theand was a nucleus of rapid lines of communication location of the headquarters of the World Healthwith the whole world. He believed that, with the Organization and the United Nations at the same support of the French Government, all the material site would bring about the close relationship ofdifficulties pertaining to the installation of the the two organizations which was very desirable,Organization and its numerous future activities and would improve co-ordination, efficiency, and would be easily overcome by locating in Paris. economy in technical and administrative functions.

Dr. ROUTLEY (Canada) felt that it would be TWELFTH MEETING wise to leave the decision to the Assembly, since if the site were written into the constitution it Held on Thursday, 5 July1946, at 2.30 p.m., would be very difficult to change.He therefore Hunter College, New York City. moved the adoption of the amendments providing Chairman: Dr. G. B. CHISHOLM (Canada). that the headquarters should be located where the Assembly shall decide. The delegate of India stated that his delegation1. Continuation of Discussion on Section XI : Head- had no preference for any particular place, but he quarters. felt that contact with such specialized agencies Dr. BOUDREAU (United States of America) said as the Food and Agricuature Organization and thethat he supported the principle of leaving it to the InternationalLabourOrganizationwasmore Assembly to determine the headquarters of the important than that with the United Nations.World Health Organization.He thought it was He believed that the Assembly would take thosestill too soon to decide whether the headquarters circumstances into consideration, and thereforeshould be at the same place as the seat of the United supported the amendments offered by the United Nations. The Committee was still unaware whether Kingdom, the United States and Canada. the choice made by the United Nations was final, and to take a decision on the point at the present Dr. TREFI(Syria)supported the Australianmoment might turn out to be a hindrance later amendment, and pointed out the many advantageson. In any case, such a decision would remove the to be gained by the close collaboration of the World choice of the headquarters from the authority Health Organization and the United Nations. of the Assembly and place the responsibility on the On a point of order raised by the delegate forUnited Nations itself.It had to be borne in mind the Netherlands regarding the motion put by thethat while distances no longer played a decisive delegate for Canada, the CHAIRMAN ruled that thepart in international relations, they still were of Committee should have full opportunity for freesome importance. The Technical Preparatory discussion of all motions and amendments beforeCommittee had pronounced in favour of an easily it, without being confined to the discussion ofaccessible site close to a recognized medical centre. a single motion. In short, the choice of headquarters ought to Dr. MEDVED (Ukraine) stated that the choice ofbe left to the Assembly. the place where the Organization should have its Dr. CAVAILLON (France) thanked the delegation seat was of great importance.He did not thinkof the Ukraine for proposing Paris as the head- it a good solution to leave it to the Assembly toquarters of the Organization and said that, in decide on the location of this headquarters.On effect, they had to choose between centralization - 125 - ANNEX 3

and decentralization of the organizations affiliatedproposal made by the United States, the United to the United Nations.Was the World HealthKingdom and Canada, that the headquarters of Organization to be linked to such affiliated orga-the Organization should be determined by the nizations or to the political organization of the AssemblyafterconsultationwiththeUnited United Nations ?For the French delegation, the Nations. answer was quite clear :the place of the Organiza- Dr. MACKENZIE (United Kingdom) reminded the tion was in close proximity to the peoples, workers,Committee that at first his delegation had been peasants and officials, that is to say, to the organiza-definitely in favour of having the headquarters tions studying the problems which concerned them.in Europe.To-day, however, they were equally The ILO and the FAO had, or would have, theirstrongly in favour of having the headquarters headquarters at Geneva.The headquarters ofat the same place as the seat of the United Nations. UNESCO had been fixed at Paris. Since the Orga-The Committee still did not know where various nization had to maintain close contact with thosespecialized agencies were going to settle and he saw three organizations, to which it was related, thereno reason for attempting to influence their future. was a strong argument in favour of selecting eitherHe thought it would be unwise to situate the head- Geneva or Paris. quarters of the World Health Organization at a As the delegate of the United States had said,distance from the seat of the United Nations, since the Technical Preparatory Committee had requestedthat would amount to the dispersal of departments that the headquarters of the World Health Orga-which had to work in close contact with each other. nization should be established in an easily accessibleBesides, Paris was not the only name which had town which should at the same time be a scientificbeen proposed ; four other had been suggested, and cultural centre. The World Health Organiza-and that merely added to the confusion. The United tion should have a truly world-wide character, Kingdom delegation therefore supported the Aus- and on that basis, it would not be right for onetralian proposal that the seat of the United Nations country to be both the seat of the United Nationsshould also be the headquarters of the World Health and the headquarters of the various organizations Organization. affiliated to it. The French delegation, acting on instructions Mr. LEBEAU (Belgium) recalled the circumstances from their Government, could not support a motionin which it had been decided that the seat of the in favour of establishing the headquarters of theUnited Nations shouldbe establishedinthe World Health Conference at the same place as theUnited States, and more specifically in the eastern seat of the United Nations, but would not opposepart of that country. As a result of that decision, a motion which would leave the Assembly freethe technical international organizations should be to determine the future headquarters of the Orga-distributed all over the world, and particularly nization.It was quite possible to take a decisionin Europe. That view was based on one principal immediately ;or the Committee could decide tomotive-namely, to enable the largest possible adjourn the problem so as to give delegates annumber of people to realize the importance of opportunity to consult their Governments pendingthose international organizations and to become a final decision on the headquarters of the variousdaily more interested in them. affiliated organizations. Although centralization was a very attractive The delegateofFrance again thanked thesolution, it was not without its drawbacks.Con- Ukrainian delegation, which had proposed establish-trary to the general belief, the proximity of a ing the headquarters of the Organization in Paris, number of organizations did not necessarily lead and said that his country had not wished to take theto the best co-operation. On the contrary, such an initiative in proposing Paris, but he was authorizedarrangement might lead to rivalry and conflicts to agree to that choice, and he assured the Com-between them. Besides, the theoretical centraliza- mittee that the French Government was ready totion which was being sought was provided by the make all the necessary arrangements at the shortestEconomic and Social Council, the United Nations notice to provide the Organization with the pre-organ to which those specialized agencies were mises and all other facilities in Paris that might affiliated. be needed. The Belgian Government held the same view as that of France : it was opposed to centralization. Dr. LE(51sT (Mexico) said that his delegation hadOn practical grounds, the delegation of Belgium no special preferences regarding the headquartersviewed with favour the opportunities offered by of theOrganization, provided that the placeGeneva. But a definite proposal had been made to chosen complied with the conditions laid downestablish headquarters in Paris, and in that con- during the Paris meeting. But he pointed out thatnexiontheBelgiandelegationsupported the the Committee was not yet in possession of allproposal of the Ukrainian SSR. If the Committee the necessary information, and that many countriescould reach a decision now, Paris fulfilled the were not yet represented in the Assembly.Itnecessary conditions, and France was more than would therefore seem premature to take a decisiona mere neighbour to Belgium. without the consent of the future members of the In conclusion, Mr. Lebeau pointed out that, at Organization, and to choose a country withoutthe present juncture, it would seem hardly fair knowing whether or not it was prepared to ac-to take a decision which would rule out Europe ; commodate the services of the Organization ; due at least ten European countries had been unable regard should be had to the experience of theto state their views when the General Assembly of United Nations and the other organizations, andthe United Nations chose the seat.The Belgian their point of view should be taken into account.delegation therefore was definitely in favour of The Mexican delegation, whilst not objecting todecentralization and agreed with the Ukrainian Paris, therefore suggested in agreement with theproposal of Paris if the choice was to be made ANNEX 3 - 12 6 - immediately ; otherwise, they suggested leaving itthough it as difficult to assess the importance of to the Assembly to reach a decision. countries in the field of scientific work, the Swedish Dr. MEDVED (Ukraine) thought that the Corn-observer thought that Europe's progress had been mittee represented all parts of the world and thatretarded by the war and she would not be able to it could not disperse without coming to a decisioncompete with the United States for another fifty on the choice of the future headquarters of theyears with regard to the quality of technical Organization. installation.He was therefore in favour of the The Ukrainian delegation had decided in favour United States. of Paris after very careful consideration and for the Dr. Gulls (Paraguay) thought that the choice reasons already stated.Paris was a geographical,of headquarters for the Organization ought to be cultural and scientific centre of the first rank ; made here and now. He supported the arguments clearly the World Health Organization had toput forward by the Union of Soviet Socialist achieve the maximum co-ordination with theRepublics and France inparticular, and was United Nations, but that did not mean that itsdefinitely in favour of Paris, since he thought that headquarters had to coincide with the seat of theby that choice they would be paying a tribute to United Nations nor that the place of the head-a country which had always been in the front quarters should be specifically mentioned in therank of progress. Charter. The CHAIRMAN said that there might be a certain Dr. ABAZA Bey (Egypt) thought that it wouldconfusion in the minds of delegates.He wanted be of great assistance to the work of the Generalto make it clear that it was not the Assembly of the Assembly if there was a thorough discussion ofUnited Nations which would determine the choice the matter in the Committee. The Egyptian dele-of headquarters of the Organization but the As- gation did not agree with those delegates who weresembly of the World Health Organization itself. in favour of the same headquarters for the United Dr. OERSKOV (Denmark) said that the argument Nations and for the Organization.The technicalin favour of having headquarters in the same place functions of the World Health Organization didas the seat of the United Nations had been very not make such a choice necessary.Although thewell put by Australia, but the Committee had also delegates were fully agreed on the excellent hos-heard other proposals.Since Geneva had been pitality offered by the United States, the Egyptian mentioned that gave him an opportunity to delegate did not think that it was suitable to argue that a small country would be a more suitable choose that country as the headquarters of thesetting for the work of the Organization ; .he had Organization.The question of distances was stillbeen authorizedtosuggest Denmark for the an important one, and, in any case, the Unitedpurpose, and his Government would feel greatly States was already the headquarters of the Panhonoured if Copenhagen, which was also a cultural American Sanitary Bureau. and scientific centre, were chosen. In that event, Paris would be an excellent choice but theythe Government of Denmark would place the should not forget other towns. Would it not be anecessary accommodation at the Organization's fitting tribute to the work of the League of Nations in the past to choose Geneva, which was fardisposal and would do all in its power to give removed from the political passions that wereits members a pleasant stay in Denmark. swaying the world ?Moreover, everything was ready in Geneva to receive the future organization, THIRTEENTH MEETING and if it decided in favour of that town the Com- Held on Saturday, 6 July 1946, at zo a.m., mittee would be giving effect tb the wish expressed by the Conference that the Organization should Hunter College, New York City. be set up and work to capacity as soon as possible. Chairman: Dr. G. B. CHISHOLM (Canada). The Interim Commission being only of a temporary nature could sit in New York. 1. Continuation of Discussion on Section XI :Head- Dr. DE PAULA SOUZA (Brazil) was definitely quarters. against making any stipulation in the text of the Dr. HAFEZI (Iran) said that in the absence of Constitution with regard to headquarters.The instructions from his Government, his delegation headquarters of the Organization should be decidedwas interested only in choosing the site where the by the Assembly, and he recalled the case of theOrganization could function under the best con- Office International d'Hygike Publigue which, byditions. He asked for a clarification of the criteria deciding that its headquarters should be in Paris,by which his delegation should be guided in making had caused certain difficulties for that organization during the war. On the other hand, it was verythis choice. important for the Organization to remain in The CHAIRMAN summarized the conditions which close contact with the United Nations, and thehad been brought out in previous discussions, some Brazilian Government had no objection to theof which had been stated in the Paris draft. choice of the headquarters being postponed. He mentioned :communication and travel facili- ties ; adequate housing and meeting accommoda- Dr. BERGLUND (Sweden) said that from thetion ;a secretarial staff which might be used variety of arguments only one conclusion couldjointly with other organizations ; the importance of be drawn : there was no single argument that wasclose liaison with (a) the United Nations head- decisive. The essential work of the Assembly wasquarters or (b)the specialized agencies of the scientific and therefore the headquarters chosenUnited Nations ; the advantages of the proximity should be a medical and scientific centre well known for the quality of its technical installations.Al- 1 See Off. Rec. WHO, No. z, page 73 (footnote). - 127 - ANNEX 3 of a research, medical and cultural centre ; educa- Dr. KOPANARIS (Greece) stated that in the view tional and library facilities ; and the question ofof his delegation the headquarters of the World whether it might be desirable to decide only on Health Organization should be located in the same temporary arrangements and to leave the perma-place as the headquarters of the United Nations, nent arrangements to be fixed later. and mentioned the technical advantages which Dr. TORANZO (Peru) expressed the view thatwould result from that choice. He did not exclude such a vital decision should not be postponed butthe possibility, however, of referring the decision should be taken by the Conference. His delegationto the Assembly. favoured Paris, as the centre of culture and the Dr. GEAR (Union of South Africa) stated that his most fitting site for the World Health Organization. Government desired that the headquarters be He believed that the majority of the South Ameri-located in Europe, and favoured London, Geneva, can countries agreed with him in that choice. and Paris, in that order.Since the advantages of Dr. TUTUNJI (Observer from Transjordan) fa-Paris and Geneva had already been discussed he voured Geneva, since the Health Organization ofwould only recommend that London be also the League had functioned well there ; it had theconsidered as having equally good facilities.It advantages already discussed of easy access andwas a communications centre, with direct links adequate building accommodation ; and was cha- with all sections of the world, and possessed a vaststoreofmedical and health knowledge. racterized by absence of political influence. From the point of view of the policy of decen- Dr. RITcmE (New Zealand) said that the attitudetralization, London would be a suitable choice, of his Government was that the headquartersother specialized agencies already being located should be located at or near the headquarters ofin Paris and Geenva. the United Nations. The advantages of that site would outweigh possible disadvantages. Since, however, there was a difference of opinion in the 2. Discussion on Procedure. Committee, he felt that the decision should be Dr. BOUDREAU (UnitedStatesofAmerica) taken by the Assembly of the World Healthsuggested that in view of the fact that the Con- Organization. ference had received no official invitation from either the United Nations on the one hand or Dr. DIESEN (Norway) stated that his Govern-any government on the other with regard to the ment(1)favoured the decentralization of thelocation of the Organization, and in order to have different specialized agencies of the United Nations ; a better idea of the facilities offered by the various (2)opposed the location of the World Healthsites, the Committee might appoint a site-finding Organization headquarters in or near a very largesub-committee to study the matter. city ;(3) preferred Geneva, of the cities proposed ; (4) would, if Geneva were not chosen, support the Dr.STAMPAR (Yugoslavia)believedthatin proposal to leave the decision to the Assembly. view of the number of delegates who had spoken in favour of Paris or Geneva, the Committee could Dr. MOLL (El Salvador) felt that there was nodecide that the headquarters should be in Europe. harm in postponing the decision, but emphasizedThen it could recommend that the Interim Com- that if it were referred to the Assembly, the Interim mission appoint a sub-committee to study the Commission should be given some indication as tomatter and to consult with the two Governments the views of the Committee.His delegation wasconcerned. opposed to placing the headquarters in the same place as that of the United Nations ; the Health Dr. MEDVED (Ukraine) thought that there was Organization of the League had only lost by itsno necessity for appointing a sub-committee until proximity to the political body.If the Committeelater.He proposed that the Committee decide, should vote, his delegation would favour Europe,first, whether the name of the site should be men- and, in particular, Paris. At Paris, the first inter-tioned in the Constitution ;secondly, whether the national health conference had been called and thedecision should be taken by the Committee, as first international health organization established.he had previously suggested, or left to the Assembly. He called attention to the fact that France was(If it were agreed to take the decision in the Com- being asked to give up the international healthmittee, a sub-committee could then be appointed.) office located there, and emphasized the generousHis delegation was not against London, but thought offer made by the French Government. it a little far removed from the normal line of communications ;it was not against Geneva, but Dr. GABALDÓN (Venezuela) believed that it would thought that the main argument in its favour was be necessary to mention specifically in the Con-building accommodation, whereas Paris had offered stitution the name of any one site.His delegation adequate accommodation and in addition was the preferred Geneva, but thought that the Assemblymost advantageous site, being a cultural, medical should be left the freedom of choice. He pointed and communications (especially air) centre. out that all the Latin-American countries did not Mr., TANGE (Australia) spoke in favour of cen- think alike on the subject. tralizationas against decentralization, pointing Dr. VAN DEN BERG (Netherlands) said that theout that the Economic and Social Council had a choice was a difficult one. He favoured a site wherespecialinterestinseeing that the specialized the Organization could best deal with other orga-agencies should be located in the same place as the nizations with which it would have to operate, United Nations, and that the United Nations was and one which would have the best local possibili-the only international agency with aspecific ties.He felt that the Committee was not in ahealth clause in its Charter.With regard to the position to decide which site best met those criteria,Food and Agriculture Organization, he questioned and that the decision should therefore be postponed. the statement made that there was a strong chance ANNEX 3 - 128 - that it would locate its headquarters in Europe,that the headquarters of the World Health Orga- quoting from the special agreement between thenization should be fixed in Europe. United Nations and the Food and Agriculture The CHAIRMAN stated that according to the Organization.He suggested : (r) that if that Rules of Proced Ure the proposal furthest removed point of view were rejected, the Committee should from the text would have to be voted upon first ; not vote on a specific site, since the matter was and Dr. CAVAILLON (France) suggested that, in one of principle and would require detailed con-that case, the Rules of Procedure be suspended, sideration, and that, furthermore, there would beand the Committee vote on which of the three some advantage in placing the headquarters at theproposals should have the priority. seat of the regional headquarters, which had not yet been fixed ;(2) that if the vote were referred Dr. VAN DEN BERG (Netherlands) supported the to the Assembly, the Minutes of the meetings ofsuggestion that the Ukrainian proposal should be Committee II containing the discussion of theput to the vote first. question should be sent on to the Assembly as a Mr. LEBEAU (Belgium) pointed out that it was guide ; and (3) that if a vote were taken in theindeed logical to vote first on the Ukrainian pro- Committee, the question furthest away from theposal, since a decision on the Canadian proposal original text be considered first-i.e.,that thewould prejudice the situation, whereas a decision decision should be referred to the Assembly. on the first suggestion of the Ukrainian delegate Dr. PANE (Paraguay) rose on a point of order-i.e., whether the name of the site of the head- to ask that the specific points of the Ukrainianquarters should be specified in the Constitution- proposal be put to the vote. would stillleave the main question open for consideration. The CHAIRMAN ruled, however, that the proposal previously made by the delegate of Canada was Dr. BOUDREAU (United States of America) and furthest removed from the text and, unless with-Dr. MACKENZIE (United Kingdom) then pointed drawn, would have to be voted on first. out that their delegations had submitted proposals similar to that of Canada, but with the addition Dr. ROUTLEY (Canada) agreed to withdraw his of the stipulation made inthe United States motion if it would facilitate the work of the Com- proposal that the decision should be taken in the mittee. He considered, however, that his proposal, Assembly " after consultation with the United that " the headquarters of the Organization shallNations ".. In order that no divergence should be be located where the Assembly of the World shown from the principle of the United Nations, Health Organization may decide " might well bethey suggested that the Canadian proposal be considered by the Committee at this point.He amended to contain this phrase. remarked that during the discussion four delegates had spoken in favour of establishing the head- This amendment was accepted by the delegate quarters in the same place as those of the United of Canada. Nations, eight had spoken for Paris, eight also After further discussion, the CHAIRMAN stated for Geneva, one for London and one for Copenha-that he would ask for a decision of the Committee gen, whereas eight had been in favour of referringas to which of two proposals under discussion the question to the Assembly. He thought that it the Canadian proposal or the first point would be difficult for the Committee to reach aof the Ukrainian-was the furthest removed from decision, and supported the suggestion of thethe original text. delegate of Australia :that a résumé of the argu- In the resultant vote, the Committee decided ments advanced in the Committee should bethat the Ukrainian was furthest removed. prepared and distributed to all delegates, thus The firstpoint of the Ukrainian delegate's enabling the Assembly to appraise the situationproposal was then put to the vote-i.e., whether and to reach a decision. the Committee should mention, in the Constitution, The CHAIRMAN pointed out that the Canadianthe name of a specific locality and, by a vote of proposal and the first steps proposed by the delegate23 to 13, it was decided that the name should not for the Ukraine were almost identical, and suggested be inserted. that they be voted on at the same time. It was then proposed to put to the vote the Dr. MEVDED (Ukraine)however, emphasizedCanadian motion, the Ukrainian delegate again the differences between his proposal and that protesting against the order proposed. of the Canadian delegate, and asked that his be Dr. BOUDREAU (UnitedStatesofAmerica) taken first. He believed that the Conference wouldmoved that his limiting amendment should also a diminution of prestige if it should postponebe applied to the Ukrainian proposal, in order taking such an important decision as that deter-that the two proposals be further identified. mining the headquarters of the Organization. The CHAIRMAN ruled that, according to the Dr. CAVAILLON (France) agreed that the Ukrai-Rules of Procedure, the amendment should be nian proposal should be voted on, but held that, toput to the vote first. clarify the situation, the Committee should pro- A lengthy exchange of views ensued as to the nounce on the principle which would lead to thedesirability of or necessity for such an amendment. decision. To this end, he asked that the CommitteeIt was pointed out that it called merely for " con- vote on the principle that the Conference, consider-sultation with ", not " approbation of " the United ing the importance of closer liaison with specialized Nations, and Dr. BOUDREAU (United States of and technical organizations of the United Nations, America) explained that it meant consultation with considering that some of them had decided tothe central organs of the United Nations and that have their headquarters in Europe, and consideringit was a necessary insertion, if the Conference was the problems of distance and facilities, would decide to show its solidarity with the United Nations. - 129 - ANNEX 3

It was pointed out, however, that it was illogical toto decide the headquarters of the Organization ? vote first on the amendment, which would prejudiceThat of the Conference or the Assembly ? the vote on the main issue, for if it were decided The CHAIRMAN agreed and proposed to put the that the decision should be taken by the Assemblyquestion to the vote. " after consultation with the United Nations " it would then be impossible to decide that it should The question whether the choice of headquarters " be taken by the Committee ". for the future Organization should be decided by the Conference was put to the vote, and answered Once again it was proposed that the Rules ofin the negative. Procedure be suspended ;but, because of the lateness of the hour, it was decided to adjourn It remained to be decided whether the Conference the Committee and postpone the decision until the wished the choice to be made by the Assembly after next session. consultation with the United Nations, or not. Dr. LEÓN (Mexico) requested that the vote should be divided into two parts ;first to determine EXTRACT FROM THE FOURTEENTH MEETING whether the decision belonged to the Assembly, and Held on Monday, 8 July 1946, at 2.15 p.m., then to make clear whether it could only be taken Hunter College, New York City. after consultation.The delegate of Poland sug- gested that there be added to the Canadian amend- Chairman: Dr. G. B. CHISHOLM (Canada). ment a text indicating to the Interim Commission what enquiries it should make prior to consultation with the United Nations and before the vote was 1. Continuation of Discussion on Section XI :Head- taken in the Assembly. The Assembly would have quarters. to be in possession of all the necessary information Dr. BOUDREAU (UnitedStatesofAmerica) so as to be able to take its decision with a full stated that in order to expedite the work of theknowledge of the facts.The Commission should Committee the United States delegation wouldknow that in Committee II the feeling had been withdraw the amendment submitted by it at theplainly expressed that it was not necessary that last meeting. the headquarters of the Organization should be Dr. MEDVED (Ukraine) also desirous of savingsituated in the same city as the headquarters of time, suggested that the Committee should forth-the United Nations, since the desire had been with consider the addition to the Canadian pro-expressed and widely supported that the head- posal of the phrase " after consultation with the quarters should rather be in Europe. United Nations ". Dr. MEDVED (Ukraine) shared that opinion. Dr. LEÓN (Mexico), summing up the question, Dr.BIRAUD(SecretaryoftheConference) recalled that, in a footnote, the Technical Pre-explained what procedure might be followed in paratory Committee had already refused to include the matter of consultation with the United Nations. in the Constitution any statement as to where the might take place with the General headquarters of the new organization would be. Assembly, the Economic and Social Council or the Was it for the Assembly of the Organisation or forSecretariat of the United Nations. the present Conference to determine the location Dr. MACKENZIE (United Kingdom) considered of the headquarters ?If the Committee consideredthat such consultation should be conducted with a that the task should be left to the Assembly, thebody belonging to the United Nations and specially Committee would have nothing to say on the created for the purpose. matter, but if it deferred the answer to be given Dr. BOUDREAU (UnitedStatesofAmerica) to the Conference, it would have to adopt somepointed out that the question of possible negotia- attitude towards the proposals presented. Finally,tions had been considered in Paris, as was shown the Committee would have to state whether itby a footnote (sub-paragraph (t) " Location of intended that the United Nations should be con-Headquarters ") to Section XVII of the Technical sulted or not on this question of headquarters. PreparatoryCommittee's" Proposalsforthe Dr. BOUDREAU (UnitedStatesofAmerica) Constitution of the World Health Organization ".1. stated that the moment had not yet arrived to Dr. VAN DEN BERG (Netherlands) considered that take a definite decision in the matter, as all theconsultation with the United Nations was a self- elements of the problem had not yet been plainlyevident obligation for specialized agencies created established. One could be certain that the Govern-under its auspices. ment of the country in which it was decided to The delegate of Canada, before the vote was locate the headquarters of the Organization wouldtaken on his amendment, wished to point out that assist by all means in its power the establishmentit left the future open and gave room for co-ordina- and successful conduct of the latter.There were, tion. He expressed the hope that it would secure however, certain points which called for considera- a unanimous vote. tion, such as exemption from taxes and other details Dr. LEÓN (Mexico) supported the amendment. likely to affect efficiency.Moreover, it was notThe text of the Canadian amendment reading as yet known what the United Nations could offerfollows, " The headquarters of the Organization in the way of headquarters.In short, they mustshall be located where the Assembly (of the Orga- rely on the members of the Interim Commission and nization) may decide ", was adopted unanimously. of the Assembly, who might be expected to showThe addition to this text of the words " after as much sense as the delegates to the Conference. consultation with the United Nations " was also Dr. MEDVED (Ukraine) remarked that the posi-adopted. tion was now very plain. Whose task should it be 1 See 09. Rec. WHO, No. x, page 74. ANNEX 4 - 130 -

Annex 4. Extract from the Report of Committee III

VI. WORLD HEALTH CONFERENCE 2

Article2. Except in cases falling within the provisions of 3. Functions. Article 3 and Article 4 below, each member shall, as soon as possible after any such convention or regulation becomes binding on the member, com- (e) Members undertake in relation to conven-municate to the Director-General of the Organiza- tions, regulations and recommendations adoptedtion a declaration stating : by the Assembly the obligations set forth in Annex(a) the territories in respect of which it under- I to this Constitution. takes that the provisions of the convention or regulation shall be applied ; ANNEX I (b)the territories inrespect of which the conven- tion or regulationis inapplicable and in such Article .r cases the groundson which it is inapplicable ; 1. Each member of the Organization which is and responsible for the conduct of international rela-(c)the territories in respect of which it reserves tions of non-metropolitan territories, including any its decision. trust territories for which it is the administering Article 3. authority, shall take all practicable steps to secure the effective application in such territoriesof Where the subject-matter of the convention conventions and regulations which have becomeor regulation is within the self-governing powers of binding on the member and of recommendationsthe territory, the member responsible for the con- which have been made by the Organization to theduct of international relations of the territory may member. upon request made by the territory communicate a declaration to the Director-General of the Orga- 2. In particular, within the period of one year nization accepting the obligations of such conven- from the approval of the convention, regulationtions or regulations on behalf of such territory. or recommendation by the Conference or, if it is impossible owing to exceptional circumstances to do so within the period of one year, then at the Article 4. earliest practicable moment and in no case later A declaration accepting the obligations of any than eighteen months from the date of such approv- convention or regulation may be communicated al, each member will bring the convention, regula-to the Director-General of the Organization : tion or recommendation before the authority or authorities competent to make them effective in(a) by two or more members of the Organization each such territory. in respect of any territory which is under their joint authority, or 3. Each member shall communicate to the Director-Generalattheearliestpossibledate (b)by any international authority responsible for particulars of the action taken in each such terri- the administration of any territory in virtue tory to make effective the provisions of conventions of the Charter of the United Nations or otherwise or regulations which have become binding on the in respect of any such territory. member, or recommendations which have been made by the Organization to the member, and Article 5. shall further report annually to the Director-General Acceptance of the obligations of a convention or with respect to the action taken in each such terri- regulation in virtue of Article 2, 3, or 4 shall involve tory to carry out these provisions. the acceptance on behalf of the territory concerned of the obligations stipulated by the terms of the 1 This part of the report was deemed more appropriate for consideration by the World Health Assembly than by the International Health Confe- convention or regulation and the obligations under rence, and was accordingly withdrawn. (See page 76.) the Constitution of the Organization which apply 2 This title was changed by the International Health Conference to " World Health Assembly ". to conventions or to regulations. INDEX(pp. 131-143).

OFFICIAL RECORDS OF THE WORLD HEALTH ORGANIZATION

No. 2

SUMMARY REPORT ON PROCEEDINGS MINUTES

AND FINAL ACTS

OF THE INTERNATIONAL HEALTH CONFERENCE HELD IN NEW YORK FROM 19 JUNE TO 22 JULY 1946

United Nations WORLD HEALTH ORGANIZATION Interim Commission

350 Fifth Avenue, New York Palais des Nations, Geneva

JUNE 1948 SUB JECT INDEX

Pages Pages Access of WHO Assembly of WHO (continued) to health administrations . . . 87, 105 [33] associate members, admission of 19, 73, 101[8] to organizations 105 [33] and Board102-104[13-15, 18, 24 & 25, 28 & 29] Accidental injuries, see Injuries authority of, over regional committees.. 58 budget estimates of WHO, approval by 102 Administration and Finance, Committee on 21 [i8f], 107 [55 & 56] election of Chairman of 41 committees of.. 20, 102 [I8e], 105 [38] officers of composition of 19, 102 [I0] 50, 6o, 68 report of conferences, convening by. . . 105 [41] terms of reference- of ...... conventions, adoption by20, 103 [I-20], 107 vice-chairman of [6oa] See also Sub-Committees convocation of 29, 81 Administrative delegates to 19, 102 [10-12] personnel, privileges of ro8 [67b] Director-General, appointment by 53, 102 services 100 [2f] [I8e], 104(31] techniques ror [2k] review of report by 102 [r8d] See also Administration and Finance, functions of 19, 20, 102-103 [18] Committee on gifts, administration by 107 [57] Admission to the Organization . . . 18, 48, 67 headquarters, determination by. 105 [43] of Spain 48, 66, 67, 69, 70 invitation for first meeting of 94 See also Membership, Member States, mettings of 19 Non-member States, Non-self-govern- non-members of United Nations, admis- ing territories, Observer States sion of ror [6] officers of 19, 102 [r6] Advertising recommendations of 21, 103 [23] of biological products, see Biological and regional organizations io6 [44, 47, 5 og & 51 ] products regulations, adoption by 20, 103 [21 & 22] of pharmaceutical products, see Phar- relations maceutical products withinter -governmentalorgan- Advisers izations. . . . . 107 [6oa]; 108 [70] to Board members 104 [24] with international organizations x o8 to Conference delegations 7 [71 & 72] to Health Assembly delegates 102 [12] with national organizations . xo8 [7r] Advisory Council, proposed 19 with United Nations. . 103 & j], Aerial Navigation, International Sanitary 105 [43] 107 [6oa], ro8 [69] representation in...... 102 [II] Convention for, see International Sanitary rules of procedure of 19, 102 [17] Conventions secretary of 104 [32] Agenda sessions 102 [13] for Conference ...... 29, 34, 104 [28f] date of 102 [15] for first World Health Assembly, see place of 102 [I4] Assembly of WHO suspension of services to States by. . . 71 Agreement of 1907, see Rome Agreement title of 19 Agreements voting in 19, Ica [6], 103 [19], 107 [59 & 60ts authority to make 18 & b], ro8 [69, 70, 72, 73] with inter-governmental organizations . 107 suspension of 71, ror [7] [6oa], 108 [7o & 72]- Assistance with United Nations .... 83, 107 [6oa] to Governments .. . 17, roo-ror [2c, d, q] approval of, by Assembly 20 to non-self-governing territories. roo [2e] preparation of, by Interim Com- Associate members 66, 68, 73 mission rro non-self-governing territories asr8, 73, 101.- See also Conventions, Regulations 102 [8] Aims of WHO, see Objective in regional committees ro6 [47] rights of 101-102 [8] Allied Control Authorities, observers from. . 12 Atlantic Charter 70 Alternates Australia to Board members 104 [24] elected to Interim Commission 87 to Health Assembly delegates . 102 [12] Amendments to Constitution26, 66, 74, 107 [6oa], Bequests to WHO, administration of 107 [57] ro8 [73]Biological products Arrangement establishing an Interim Com- advertising of 21, 6o, 103 [2xe] mission 6 28 29 84,92 labelling of 21, 6o, 103 [21e] final reading and adoption of 93 standards of. 17, 21, 51, 6o, ror [2u], 103 signing of 96 [2rd] table of signatories 115 Board of WHO, see Executive Board text of rroBrazil See also Interim arrangements, Interim Declaration of, see Declaration Commission, Final Acts invitation from for first Health Assembly 94 Assembly of WHO 19, 51 Budget estimates for WHO 19, 51, 54 agenda for, preparation of . 81, 82, 104 [28f] preparation of 25, 105 [34], 107 [55] amendments to Constitution, adoption regional x o6 [50f] by 107 [6o], ro8 [73] review of 102 [I8f], 107 [56] proposals for, submitted by Interim I The numbers in brackets denote the relevant articles of the Consti- Commission 8 tution. See also Expenses, Finances - 132 -

Pages Pages Bulletin, publication of 44 Conventions (continued) proposal of ror [2k] Central Drafting Committee, see Drafting reports of, by members 103 [20], 107 [62] Committee, Central See also Regulations Chairman of Conference 31, 34, 35, 65, 81, 85, 90, Courses of study 44 92,93,96 See also Education See also President of Conference Credentials, Charter of United Nations 16, 32, 35, 42, 47, 55, 62, Committee on 69, 75, 83, 93 appointment of 33 Child health and welfare 16, 17, 45, 46, 49, roo chairman of 14,33 [preamble], ror [21], 120 members of 14,33 Chile, proposed as member of Interim Com- report of 34 mission 81, 86 for members of Interim Commission 78 Cuba, proposed as member of Interim Com- China, Declaration of, see Declaration mission 85 Collaboration with organizations, see Rela- tions Curative medicine, see Medicine Commission on Narcotic Drugs, see Narcotic Death drugs causes of Ica [2s], 103 [2b] Committee I, see Scope and Functions, Com- International Lists of Causes of 7 mittee on Declarationcallingfor an international CommitteeII,seeAdministrationand health conference 5, 32, 35, 98 Finance, Committee on Delegates to Health Assembly. . 102 [IC)] Committee III, see Legal Questions, Com- advisers to 102 [12] mittee on alternates to 102 [I2] Committee IV, see Relations, Committee on choice of 102 [II] Committee V, see Regional Arrangements, numbers of 102 [II] Committee on Delegations, list of 7 Committees of the Conference 13, 94 Demographic research 43, 44 election of chairmen of 40 See also Statistics formation of 34 Diagnostic procedures, standardization of17, ror officers of 13 [21], 103 [21e] See also Administration and Finance, Director-General of WHO .51, 104 [30], 150 [37] Credentials, Drafting, General, Legal appointment of20, 22, 53, 89, 102 [I80], 104 Questions,Regional Arrangements, [3I] Relations, Rules of Procedure, Scope budget, preparation by 105 [34], 107 [55] and Functions communication of amendments by ro8 [73] CommitteesofInterim Commission,see functions of 21, 104-105 [31-35] Interim Commission instructions to. . . . 103 [r 8g], 104 [28i] and International Court of Justice 109 [77] Committees of WHO 51, 54 powers of 105 [33] establishment of, by Assembly . 102 [18e] qualifications of 37 establishment of, by Board . . 105 [38] and regional offices57, 63, 105 [33], 106 [50e& joint or mixed 105 [4o] g, 51 & 53] participation in 103 [1.8h] relations with governments . . . 105 [33] review of, by Board 105 [39] organizations . . 105 [33] voting in...... 54, 107 [6oc] reports of 102 [r8d] See also Executive Board, Interim Com- reports to 103 [20] mission, Regional Committees staff of 53, 57, 63, 68, ro[35] Conference of WHO, see Assembly of WHO See also Secretariat, Staff Conferences 51, 54 Disease, control of 17, 21 appointment of WHO representatives endemic 36, 49, roo [2g] to 105 [42] epidemic35, 36, 49, 67, roo [2g], 104 [28i], 120 convening of 105 [41] nomenclatures of. . 17, lOI [28], 103 [21 b] participation in 103 [r8h] prevention of 103 [21a] regional 106 [50e] transportation by air of 32, 33 representation of organizations in 105 [41] tropical 39 voting in, see Voting Displaced persons 17, 18 Constitution of WHO 35, 92 Drafting Committee, Central final text and adoption of 93 constitution of 43 powers for signing of 32 election of Chairman of 43 See also Credentials membership of 15 preparation of draft of, by Technical report of 92 Preparatory Committee 36 Drafting sub-committees, see Sub-committees ratification of 18,27,69,74,96,119Drugs, standardization of 21, 51 signing of 16,69,74,96 See also Pharmaceutical products table of signatories 115 text of roo Economic and Social Council 5, 16, 17, 33,.83, 87, See also Amendments, Entry into force, 93 Final Acts, Interpretation address by President of 32 Convening appointment of Technical Preparatory of Conference 5, 16, 29, 32, 98 Committee by 32 of Health Assembly, see Assembly of convening of Conference by 6, 31, 98 WHO recommendations of . . . . 103 [18i], 120 Conventions relations with 5, 83, 87 acceptance of 103 [20] reports of Health Assembly to . 103 [r8j] adoption of, by Health Assembly 103 [19], resolution of 33, 119 107 [6oa] Economic conditions . . . roo [preamble & 21] applicationof,innon-self-governing Education, medical and health 17 territories 130 See also Child health, Courses of study, assignments to WHO by . . 104 [28C1] Information,Teachingstandards, authority to sign 119,120 World citizenship - 133 -

Pages Pages Emergency Food and Agriculture Organization, see FAO fund 107 [58] measures 17, 22, I00 [2b] Food products authorization of Director-General for standards of 17, IOT [2u] taking of 104 [28i] Functions research, see Research of Assembly, see Assembly of Executive Board, see Executive Board Endemic diseases, see Disease, endemic of Conference 120 Entry into force of Constitution27, 66, 74, 76, 8x, of Director-General, see Director-General 109 [78-82], 119, 121 of other organizations, transfer of 108 [72] Environmental See also League of Nations, Office Inter- change TOO (preamble), r or [21] nationald'HygiènePublique, Pan hygiene 17, roo [2i) American Sanitary Bureau, UNRRA Epidemics, see Disease, epidemic of regional committees, see Regional Epidemiological committees reports of WHO 17, 49, roo-ror, 120 [2] submitted by States. . 25, 55, 108 [64] services 71 General Assembly of United Nations . . 76, 88 establishment of 57, noo [2] authorization by, to appeal to Inter- Executive Board of WHO 19, 51, 53, 63, 64, 79, national Court of Justice . . . . 109 [76] 89, 102-103 [9b, 13-15 & 18] recommendations of 103 [18i] and budget estimates 107 [55] General Committee chairman of 21, 104 [27] membership of 13, 41 committees, establishment by 105 [38-40] report of, on additional membership of composition of 21, 104 [24] Interim Commission 85 conferences, convening by . . . 105 [41] Selection of, as Interim Commission . 79 representation at . 105 [42] Geographical areas for regional arrange- Director-General, nomination of . 104 [31] ments 24, 81, 82, 106 [44] election of 20, 21 functions of . . . 21, 102 [13-15], 104 [28] Geographical distribution gifts, administration by 107 [57] in Board 21, 104 [24] instructions to 102-103 [18d & g] in Interim Commission 85, 86 meetings of 21, 504 [26] in Secretariat 105 [35] members of 104 [24 & 25] Gifts to WHO, administration of. . 107 [57] designation of . . 102 [18 b] Governments privileges of . . 108 [67b] assistance to, see Assistance to Govern- powers 63, 104 [28 & 29] ments regional directors, appointment of63, 65, ro6 responsibility of, for health ioo [preamble] [52] reports of 102 [In] Headquarters of WHO, determination of 23, 26, rules of p.i-ocedure of 21, 104 [27] 37, 51, 54, 81, 104 [43], 123 secretary of 104 [32] and special fund 107 [58] Health Assembly, see Assembly of WHO voting in 107 [6oc] Health, definition of 16 Health administrations Executive Secretary of Interim Commission. 86 access to, of Director-General . . 105 [33] access of, to health administrations. . . 87 of Executive Secretary . . . 87 appointment of 29, 87, 93 collaboration with 17, roo [2b] duties and powers of 87 Health Division of UNRRA, see UNRRA staff of 88 17, 120 See also Secretariat, Staff Health insurance Health Organization of League of Nations, Expenses see League of Nations of WHO 51, 54 apportionment of 107 [56] Health services roo [2 c & e] of Interim Commission 88 Hospital services and sanatoria . 17, 44, ror [2.p] See also Budget, Finances Housing 17, roo [2i] FAO 17,26,31,75,87 Hygiene, environmental 17 observers from 12 Far East ICAO 20 health conditions in 37 See also PICAO Fellowships 44 ILO 17, 26, 31, 87, 120 See also Education observers from 12 Field operations 17 Immunities of WHO 25, 66, 74, 108 [67 & 68] Final Act 92 Information reading and adoption of 93 dissemination of . 17, roo [preamble], r or signing of 96 [2g & r] table of signatories 115 provision of, by members . . 75, 5o8 [65] text of 98 publication of bulletin providing, see See also Final Acts Bulletin Final Acts 6,77,92,96Injuries, prevention of . . SeealsoArrangement,Constitution, 17, 44, 100 [211] Final Act, Protocol Institutes and institutions Finances of WHO co-operation with 103 [181e] 102 [r8f] establishment of 44, 103 [r8k & 1] decisions involving 121 in regional committees Io6 [5of] Integration of regional organizations 58, 60, 106 United Nations help to [45], 107 [54] statements of, prepared by Director- 47 See also Regional organizations General ...... 107 [55] Inter-governmental organizations statements of, submitted to Board 105 [44] arrangements between,and Interim See also Budget, Expenses Commission . . . 84, 107 [boa], 5o8 [70] Financial obligations:of Members, failure to integration of 26, 6o, 121 meet SeealsoInternationalorganizations, 18, 71, ror [7] Nationalorganizations, Regional Financial regulations of WHO 83 organizations -134-

Pages Pages Interim Arrangements,Special Sub-Com- Laboratories 33 44 mittee on 78 See also Research report of 78, 87 League of Nations, Health Organization of See also Arrangement, Interim Commis- transfer of functions of5, 26, 27, 35, 83, 89, 99 sion, Regional Arrangements transfer of personnel of 29, 88 Interim Board, see Interim Commission League of;Red Cross Societies Interim Commission 78 observers from act setting up, see Arrangement See also Red Cross appointment of Executive Secretary of29, 87 Legal capacity of WHO 25, 66, 74, ro8 {66 & 68] See also Executive Secretary Legal Questions, Committee on 19 arrangement establishing an, seeAr- election of Chairman of 41 rangement officers of 14, 66 assumption of League health functions report of 66, 68, 71, 73 by, see League terms of reference of 14,43,66 assumption of functions of OIHP by, See also Sub-Committees see OfficeInternationald'HygUne Publique Legislation assumption of functions of UNRRA by, communication of, by members 107 [63] see UNRRA Liberia chairman of 29, 93 elected to Interim Commission 87 committees of Location of WHO, see Headquarters composition of 29, 78,9837 credentials for members of 78 Malaria, control of 120 duration of 29, 89 Maternal health 17, 49, ror [21] establishment of 119 Executive Secretary of, see Executive Medicine, curative and preventive ... 39, 120 Secretary Member States finances of 29,78,88 of United Nations . ror [4], 109 [79 & 8o] functions of 29, 119 acceptance of Constitution by. ror [4], 109 geographical representation in 79 [79 & 8o] meetings of 29,88,93 admission of ror [4] and PASB, see Pan American Sanitary privileges of representatives of. . ro8 [67b] Bureau reports of 107-1o8 [61-65] recommendation by General Committee representation of, in Assembly ...' 102 [II] for additional members of . . . 29, 78, 85 in Regional Com- relations of, with United Nations and mittees ro6 [47] other organizations 29,83,87 Membership in WHO 18, 36, 66, 67, 68, 69, 73, 101- report of 82, 89 102 [3-8], 120 rules of procedure of 78 staff of 29, 89 of non-member States of non-self-governing territories . . . 36, 74 technical advice of, to governments . . 29 See also Arrangement, Executive Sec- See also Associate members retary, Interim arrangements Membership of Conference 6 International Civil Aviation Organization, Mental health . . 17, roo [preamble], ror [2m] see ICAO Mexico International Court of Justice 76 elected to Interim Commission. . . . 87 arrangements with, by Director-General Motion pictures 109 [77] as medium of information 17 authorization of General Assembly to appeal to 27 Narcotic drugs 44 reference to, of legal questions 72, 76, 109 [76] Narcotic Drugs, Commission on 29 87 of questions of interpreta- tion 6o, 109 [75] National organizations International Labour Organization, see ILO access to, of Director-General . ro5 [33] participation of, in WHO . . . 103 [r8h] International Lists of Causes of Death. . . . 17 relations with ro8 [71], iii International Organization, Conference on 5, 16 representation of, in Conferences 103 [18h], International organizations 105 [4.r] arrangements with, by Interim Com- See also Inter-governmentalorganiz- mission 29 ations,Internationalorganizations, committees of 59 Non-governmental organizations, Re- non-governmental, see Non-governmen- gional organizations tal organizations Native population, representation of 73, 101-102 observers from 12 [8] participation of, in WHO . . . 103 [r8g, Nomenclatures regional branches of 59 of causes of death 17, ror [2s] regional co-operation with. . 59, 106 [5od] of diseases 17, ror [2s], 103 [zit)] relations with .. 26, 29, 105 [33], ro8 [71] See also Relations Non-governmental organizations 26 representation of, in Conferences etc. 103 Non-member States [I8h], 105 [45] admission of, into WHO ... 67, 91, ror [6] transfer of functions of zo8 [72] statements of representatives of . . . 90 SeealsoInter-governmental organ- See also Observer States izations, National organizations, Regional organizations Non-self-governing territories 18, 66 application of Conventions in 130 International Sanitary Conventions 20, 69 assistance to roo [2e] for Aerial Navigation 20, 77 membership of, in regional committees 19, 57, of 1926 77 106 [47] of 1944 28,35,77,84 representation of, in WHO 18, 19, 24, 36, 57, on Civil Aviation 20 74 preparation for revision of III Nutrition 17, 67, roo [2i] Interpretation of Constitution 26, 66, 76, 109 [74- 77] Objective of WHO 16, 44, 49, Ioo [r] - 135 -

Pages Pages Observer States Psychology 45, 66 admission of, into WHO.. . . 69, ror [5] See also Mental health, Psychiatry statements of representatives from . . . 90Public-health administrations, access to. 87 See also Non-member States Public health Observers 119 administrative aspects 17 list of 12 practices 17, IOI [2.9], 103 [21 b] See also Observer States Office International d'Hygigne Publique 35, 39, 66 Public relations of WHO 91, 93, 97 Quarantine system and regulations 92, 103 [2ra] Chairman of Permanent Committee of. 84 observers from 12 Radio, as medium of information 17 staff of 29,84,88 Recommendations by WHO to Governments 18 transfer of functions of . 28, 77, 83, 84, 120 Protocol concerning, see Protocol Recreation 17, roo [2i] See also Rome Agreement Red Cross 67 See also League of Red Cross Societies Officers of the Conference 13, 41, 93 Organizations, see Inter-governmental, Inter- Regional arrangements 36, 39, 45, 57, 63, 106-107 national, National, Non-governmental, [44-54] geographical areas for .. . . 24, 41, 81, 82 Regional See also Pan American Sanitary Organ- Organs of WHO rg, 51, 102 [9] ization,Regional committees, Re- gionaldirectors,Regionaloffices, Pan American Sanitary Bureau . 6o, 64, 91, 120 Regionalorganizations,Sub-Com- observers from 13 mittees See also Pan American Sanitary Organ- ization - Regional Arrangements, Committee on 19 election of chairman of 41 Pan American Sanitary Organization 37, 39, 56, officers of 15 58, 6o report of 56, 63 arrangements with, of Interim Commis- terms of reference of 15 sion 84 See also Sub-Committees integration of 107 [54] staff of 84 Regional committees 23, 24, 36, 53, 63, 64, 65, 106 [46] Pan Arab 'Sanitary Bureau, see Sanitary composition of 57, ro6 [47] Bureau at Alexandria fr notions of 57, ro6, 121 [50] Personnel, privileges of ro8 [67b] meetings of ro6 [48] Pharmaceutical products rules of procedure of 57, ro6 [49] advertising of 21, 6o, 103 [2iC] of United Nations, co-operation with59, 1o6 labelling of 21, 6o, 103 [21e] [5od] standards of17, 21, 51, 6o, lox [2u], 103 [21d] See also Regional offices Regional directors 63, 64 Pharmacopceia, standards of drugs in . . . 21 appointment of 63, 65, ro6 [52] PICAO 26 appointment of staff by . . . 63, ro6 [53] observers from 13 Regional offices 39, 53, 57, 64, 65, 105 [33], ro6 [46, See also ICAO 51] Place of meeting calling of conferences by . . .. ro6 [50e] of Assembly 19, 102 [I4] relationship of, to central organization t 19, 121 of Board 104 [26] selection of directors of... 57, 59, 63, 64 of regional committees ro6 [48] staff of . . . 24, 53, 57, 59, 63, 65, 106 [53] See also Headquarters supervision of activities of .. . . ro6 [5ob] Poland proposed as member of Interim Com- See also Regional directors, Regional mission 85 committees Population Regional organizations . . . . 33, 57, /06 [45] control of 91 areas for 81 82, ro6 [44a] problems of 39 committees of, see Regional committees See also Demographic research composition of ro6 [46] President of Conference establishment of ro6 [44b] election of 35 integration of 6, 107 [54] addresses by 35, 94 international, co-operation with . ro6 [5od] offices of, see Regional offices Preventive medicine, see Medicine studies by Interim Commission on Press, as medium of information 17 establishment of I T Privileges See also Regional arrangements of personnel, see Personnel Registration of Constitution 109 [81] . . . . x8, 71, 120 to States, suspension of Regulations of WHO 25, 66, 74, 1o8 [67, 68] adoption of 20, 103 [21] Procedure, Rules of, see Rules of Procedure applicationof,innon-self-governing Professional groups, collaboration with 17, roo territories / 3o [2b, j] assignments to WHO by . 104 [28d] Programme of WHO entry into force of 103 [22] submission of, to Assembly 104 [28g] proposal of 18, ror [2k] reports of, by members 55, 107 [62, 63] Prophylaxis 67 See also Conventions Protocol concerning OIHP6, 28, 35, 66, 77, 83, 92 Relations adoption of 93 with Economic and Social Council, see signing of 97 Economic and Social Council table of signatories 115 with other organizations105 [33], xo8 [70-72] 113 text of with specialized agencies .. .. 17, 26 See also Final Acts, Office International with United Nations . 16, 17, 25, 26, 83, roo d'Hygane Publique [2b], io8 [69] 121 ProvisionalInternationalCivilAviation See also Inter-governmental organiza- Organization, see PICAO tions,Internationalorganizations, Psychiatry 45 National organizations, Non-govern- See also Mental health, Psychology mental organizations - 136 -

Pages Pages Relations with United Nations and Specia- Specialized agencies of United Nations . . . 55 lized Agencies, Committee on co-operation with 17, 31, 83, roo-ror [21), 11, Drafting Sub-Committee of,see Sub- P] committees regional committees of . . . 59, ro6 [5od] election of Chairman of 41 WHO as one of the 93, roo [preamble], ro8 [69] officers of See also Relations with United Nations report of 50, 71 and Specialized Agencies, Committee terms of reference of 15, 43 on Relief measures 104 [28i] Staff of Interim Commission, see Interim Reports Commission of Board and Director-General . . roz [r8d] Staff of WHO 53,57,63, 68, 104 [3o] to Economic and Social Council . 103 [i8j] conditions of service of . . . 121, 105 [36] submitted by States25, 51, 55, 103 [20], 107- international character of . . . . 105 [37] o8 [61-64] of regional offices 57, 65 Research qualifications of 53,65,68 conduct of 103 [r8k] See also Secretariat demographic 43, 44 Staff regulations of WHO 83 emergency 104 [28i] Standards health ror [2n] of biological products,see Biological medical 17, 49 products See also Laboratories of diagnostic procedures, see Diagnostic Rockefeller Foundation procedures observers from 13 of food products, see Food products of levels of health . . . . roo [preamble] Rome Agreement of 19o7, establishing the of pharmaceutical products, see Phar- OIHP 35,77,84 maceutical products See also Office International d'Hygihie of teaching ror [2 o] Publique Statistical reports Rules of Procedure submitted by States25, 55, 107, 108 [63, 64] adoption of provisional 34 See also Reports submitted by States of Assembly 54, 102 [17] of Board, see Executive Board of WHO Statistical services 17, Ica [4] of Conference 40, 71, 121 Statistics of Interim Commission, seeInterim health 55 Commission vital 39 of Regional committees . 57, 106 [49] See also Demographic research Rules of Procedure, Committee on Steering Committee, see General Committee chairman of 14 Sub-committee members of 14 drafting report of 42 of Committee I membership of 14 Sanatoria, see Hospitals of Committee II membership of 14 Sanitary Bureau at Alexandria 23 of Committee III Sanitaryconventions, seeInternational membership of 14 Sanitary Conventions of Committee IV membership of Sanitary regulations 103 [sra] of Committee V Sanitation 17, roo [2i] membership of 15 Scientific groups 17, 100[2j] on Interim Arrangements,seeInterim Scope and Functions, Committee on Arrangements election of chairman of 4' joint harmonizing, of Committees III officers of 14 and V 57 report of 44 Suspension of privileges of States 18, 71, ror [7],I20 terms of reference of 14 See also Sub-Committees Secretariat 102 [0], 104-105 [30-37] Teaching standards Ica [2 o] of Conference 13 See also Education of WHO 19,51,53,68Technical appointment of 22 105 [35] assistance to Governments. 29, roo [2d] composition of 22, 53, 104 [30] conferences 105 [41] privileges of 108 [67b] knowledge, dissemination of 17 See also Director-General, Execu- personnel, privileges of 108 [67b] tive Secretary, Personnel, Staff services, establishment of. 17, roo [2.f] Secretary-General of United Nations Technical Preparatory Committee 48 consultation with, on date of sessions 102 [15] appointment of 32 on privileges 108 [68] chairman of deposit of formal instrument with 109 [79b] composition of 5, 98 informing of States by (as to entry into draft constitution submitted by 6 force of Constitution) 109 [82] establishment of 98 registration of Constitution by 109 [8i] meeting of 5 See also United Nations members of 98 rapporteur of Security Council, recommendations of. 33 103 [18i] report of 32, 33, 36, 119 Semantics 45 Term of office of Board members. . 104 [25] Signing of Constitution, see Constitution Texts of Constitution 109 [74] Social Transfer of functions to WHO . . . ro8 [72] aspects of health roo [preamble] Title of Organization . . insurance 39 x6, 34, 45, 46, 47, 67, 70 measures 100 [preamble] Trusteeship Council, recommendations of 103 [18i,] security 17, 44, Ica [2p] Trust Territories 17, 19 techniques Sol [2p] See also Non-self-governing territories Spain, admission of, see Admission Tuberculosis, control of 120 - 137 -

Pages Pages Ukrainian SSR UNRRA 55, 84 elected to Interim Commission 87 transfer of functions of 26, 28, 35, 66, 77, 84 transfer of personnel of 29, 88 UNESCO 17, 26, 42, 55, 75, 87, 120 observers from 13 observers from 13 Urgent health problems,see Emergency United Nations measures address by Secretary-General of . . 31 agreements with, see Agreements Vice-Presidents of Conference 6 Charter, see Charter of United Nations election of 40 collaboration with, see Relations Vital statistics, see Statistics, Demographic co-operation with regional committees of59, research o6 [5od] Voting and expenses of Interim Commission . . 88 in WHO organs 18,19,51 and location of headquarters. . . 105 [43] cases of, when simple majority required 20, 25, members eligiblefor membership in 61, 62, ror [6], 107 [6ob] WHO, see Membership in WHO casesof,when two-thirds majority members of z 8 required20, 25, 61, 62, 103 [19], 107 [6oa], delegations from 7 ro8 [69, 70, 72, 73] non-members of 18, 47 in Assembly20, 25, 54, 61, 62, 107 [59, 6oa, b] observers from 12 in Board 25, 54, 61, 89, 107 [6oc] recommendations of 103 [18i] in committees . . 25, 54, 61, 89, 107 [6oc] requests of lOO [2e] in conferences . . . 54, 61, 89, 113, [15h] and WHO, agreements with 76, 107 [56, 6oa], participation without, see also Associate ro8 [69] members Social Affairs, Department of. . . . 88, 120 privileges, suspension of . . . 18, 71, ror [7] SocialAffairs,address by Assistant Secretary-General for 33 Working conditions 17, roo [2i] Social Commission of 120 World citizenship See also Economic and Social Council, 45 General Assembly, Secretary-General World Court, see International Court of Justice of United Nations, Security Council, World Federation of Trade Unions 26 Specialized agencies,Trusteeship observers from Council World Health Assembly, see Assembly of WHO

. NAME INDEX

Pages Pages Pages Abaza, M. S. Bey .. . . 126 Berglund, H. 126 Cavaillon, A.(contd.) inlistofdelegations inlistofobservers appointed to Technical (Egypt) ...... 8 (Sweden) 12 Preparatory Commit- signature of Final Acts 115 Berman, G. tee 98 Al-Ardh, Med hat Sheikh appointed to Technical Cayla, J. inlistofdelegations Preparatory Commit- inlistofdelegations (Saudi Arabia) . . lo tee 98 (France) 8 signature of Final Acts 117 Biraud, Y.34, 42, 48, 49, 77, 78, Allen, W. P. Charnes, M. 81, 83, 92, 93, 94, 96, 97, 129 inlistofdelegations inlistofdelegations .. 13 in Secretariat list (Chile) 7 (U S A ) xx Secretary of Conference 13 Al-Zahawi, S. SecretaryofGeneral Chisholm, G. B.6, 33, 45, 46, 48, inlistofdelegations Committee 13 49, 51, 52, 53, 55, 56, 6o, (Iraq)...... 9 Secretary of Committee 61, 68, 69, 71, 72, 77, signature of Final Acts x 16 V 123, 124, 126, 128, 129 15 inlistofdelegations Andersen, O. Body, A. H. in ofdelegations (Canada) ...... 7 list inlistofdelegations Rapporteur of Technical (Denmark) 8 (Australia) De Araujo Castro, J. 7 Preparatory Commit- Boudreau, F. G. 46, 49, 52, 53, tee 33 inlistof delegations 6o, 123, 124, 127, 128, 129 Executive Secretary of (Brazil) 7 inlistof delegations Interim Commission . 29 Arreaza Guzmán 43, 49, 54, 62, (U.S.A.)...... I Chairman of Committee II 70, 77, 84 signature of Final Acts i r8 14, 41 inlistofdelegations nominated Chairman of (Venezuela) de Brancion, G. Central Drafting nominated as Chairman in Secretariat list . . 13 Committee 43 ofCentralDrafting Secretary, Committee II 14 member of General Committee 13 Committee . . . . 43 Briones, C. signature of Final Acts r 18 inlistofdelegations appointed to Technical Arroyo, J. A. (Chile) 7 Preparatory Commit- in of Bustamante, M. 43, 48, 58, 6o, 63 tee...... 98 list delegations signature of Final Acts 115 (Venezuela).. . . . r inlistofdelegations Asad-Al-Faqih, Sheikh (Mexico) 9 Choucha Pacha, A. T.,see inlistofdelegations Bustos, J. 43, 46, 51, 61, 64, 66, Shousha Pasha (Saudi Arabia) . . . o 68, 70, 71, 8o, 81, 85, 86, 124 Chu, Hung T. Avery, B. F. inlistofdelegations in Secretariat list. . 13 inlistofdelegations (Chile) ...... 7 Secretary, Credentials (Iran) 9 signature of Final Acts 115 Committee 14 Aykroyd, W. R. Cilento, Sir Raphael inlistofobservers Calderwood, H. B. inlistofdelegations (FAO) /2 inlistofdelegations (Australia) 7 (U.S.A.) I Baehr, G. Claxton, B. Cambournac, F C 91 inlistofdelegations inlistofobservers inlistofobservers (Canada) (UNRRA) 13 7 (Portugal) . . . . . 12 signature of Final Acts 115 Banning, C. signature of Final Acts 118 inlistofdelegations Côté, E.55, 62, 63, 75, 83, 84, 89 Campiche, S. F. inlistofdelegations (Netherlands) .... 9 observers signature of Final Acts i r6 inlistof (Canada) 7 (Switzerland) . . . . 12 Barberousse, C. M. legal adviser to Central Canaperia, G. A 91 Drafting Committee . 15 inlistofdelegations inlistofobservers member of Committee (Uruguay). . . . . I I (Italy) ...... 12 on Rules of Procedure 14 signature of Final Acts z 18 signature of Final Acts 118 Cumming, H. S. Barker, Z. N. Oan6ik, J. inlistofobservers inlistofdelegations inlistofdelegations (PASB) 13 (Turkey) ...... io (Czechoslovakia) . 8 de Csornoky, V. signature of Final Acts 117 Vice-Chairman of Com- Bejarano, J inlistofobservers 35, 37 mittee IV . . . . . (Hungary) 12 inlistofdelegations appointed to Technical (Colombia) 8 Preparatory Commit- Darchambeau, V. Benavides, J. . . 98 inlistofdelegations tee...... inlistofobservers signature of Final Acts 115 (UNESCO) 13 (Costa Rica). . . . 8 Carneiro, A. E. signature of Final Acts 115 inlistofdelegations Davis, H. Benavides, Jr., J. (Brazil) inlistofdelegations 7 (Uruguay) I I inlistofdelegations Cavaillon, A.35, 36, 40, 42, 124, (Costa Rica). . . . 8 128 de Araujo Castro, J.,see van den Berg, C. 38, 46, 47, 48, inlistofdelegations under " A " de Brancion, G.,seeunder 55,62,72,73,87,127,128,129 (France) ...... 8 ,,B,, inlistofdelegations Vice-President of Con- (Netherlands) . . . . 9 ference 6 13 de Csornoky, V.,seeunder signature of Final Acts 116 Chairman of Committee ft Bergami, G. on Rules of Procedure 14, 34 de Laét, M.,seeunder inlistofobservers member of General " L " (Italy) 12 Committee r3 de León W., see under " L " - 140 -

Pages Pages Pages de Oliveira Campos, R., GabalcIón, A. .. 50, 71, 78, 127 Jakova, T. 44 see under " O " inlistof delegations inlistofobservers de Paula Souza, G. E., see (Venezuela).. . . . I I (Albania)...... 12 under " S " Chairman of Committee signature of Final Acts 118 Deutschman, Z. IV 15, 41 Jameson, Sir Wilson. . 35, 36 in Secretariat list . . 13 member of General inlistofdelegations Assistant Secretary of Committee 13 (U.K.)...... I Conference 13 Galvez-Bunge, G. Vice-President of Con- Diesen, A 127 inlistofdelegations ference 6 13 inlistofdelegations (Argentina) 7 member of General (Norway) roGarcia Maldonado, L.. 72, 90 Committee . . . . . 13 inlistof delegations appointed to Technical Dogramaji, I. 8o (Venezuela) I r Preparatory Commit- inlistofdelegations Garcia de Paredes, G. tee 98 (Iraq)...... 9 signature of Final Acts 116 inlistofdelegations Jarcho, S. (Panama) T 0 inlistofobservers Doull, J. A. Gaud, M. (UNRRA) 13 inlistofdelegations inlistofobservers (U.S.A.) . . . . . I I Jenks, C. W. appointed to Technical (OIHP) 12 inlistofobservers Preparatory Commit- Gear, H. S.. . . . 41, 83, 127 (ILO) 12 tee inlistof delegations Jimenez de Arechaga, E. 98 . . . (South Africa) ro . r 3 Dowd, N. S. signature of Final Acts r17 in Secretariat list. inlistofobservers Secretary, Committee Ghani, G. III 14 (WFTU) 13 inlistofdelegations Dubsky, J. (Iran)...... 9 inlistofobservers Kacprzak, M. . . . . 39, r 29 signature of Final Acts 116 inlistofdelegations (PICAO) 13 Ginés, A. R. 53, 58, 59, 61, 64, (Poland) ...... van Dullemen, J . J. 67, 70, 126 Vice-Chairman of Com- ofdelegations inlist inlistof delegations mittee II 14 (Netherlands) . . . . 9 (Paraguay) . . . . o member of Credentials signature of Final Acts 117 Committee . . . . 14, 33 Eliot, M. M. Goodman, N. M. appointed to Technical inlistofdelegations inlistofobservers Preparatory Commit- (U.S.A.)...... xI (UNRRA) 13 tee 98 signature of Final Acts 118 Goudsmit, C. J. Kaiser, M. Elisseyeva, A. inlistof delegations inlistofobservers inlistofdelegations (Netherlands) 9 (Austria)...... 12 (U.S.S.R . ) rip Grant, J. B. signature of Final Acts /18 inlistofobservers Eugster, J. 91 Kaltchenko, I. I... 42, 47, 48 inlistofobservers (Rockefeller Founda- in ofdelegations tion) 13 list (Switzerland) . . . . 12 (Ukraine) . . . . . r signature of Final Acts 118 Green, J. signature of Final Acts r 17 Evang, K. 35, 36, 50, 52, 57, 61, inlistofobservers Katial, C. L. 62, 65, 66, 68, 70, 71, (WFTU) 13 appointed to Technical 72,73,74,85,86Gromashevsky, L. V. Preparatory Commit- inlistofdelegations inlistof delegations tee 98 (Norway) 10 (U.S.S.R.) TO member of Central Katsoyannis, A. Chairman of Committee inlistofdelegations III 14, 41 Drafting Committee . 15 member of General Groulx, A. (Greece) 9 Committee 13 inlistofdelegations Kauntze, W. H.. 57, 58, 59, 63 (Canada) 7 inlistofdelegations appointed to Technical r Preparatory Commit- Grzegorzewski, E. . . 51 (U.K.) tee 98 inlistof delegations Kiang, Min-Hsien, Y. Evatt, H. V. (Poland) ...... I0 inlistofdelegations inlistofdelegations signature of Final Acts 117 (China) 8 (Australia) 7 King, D. H. Evstafiev, N. 41, 43, 61, 62, 69, Hafezi, M. H. . 36, 47, 57, 126 inlistofdelegations 73,76,85 inlistof delegations (U.S A ) inlistofdelegations (Iran) ...... 9 King, P. Z. signature of Final Acts 116 appointed to Technical (Byelorussia). . . . 7 Vice-Chairman of Com- Hakim, G. . . 40, 53, 75, 88, 90 Preparatory Commit- mittee III. . . . . inlistofdelegations tee 98 signature of Final Acts 115 (Lebanon) . . . 9 Klosi, Sherif 90 signature of Final Acts 116 inlistofobservers Fabrega, G. Henderson, J. (Albania) 12 inlistofdelegations inlistof delegations Kopanaris, P. . . 41, 43,127 (Panama) I 0 (U S A ) I / inlistofdelegations (Greece) 9 Fiallos, J. M. 7o Huang, R. T. member of Credentials inlistofdelegations inlistofdelegations Committee . . . . 14, 33 (Hone uras) . . . . . 9 (China) 8 appointed to Technical signature of Final Acts 116 Hutchison, E. W. Preparatory Commit- Fischelis, R. P. inlistofobservers 98 inlistofdelegations (ILO) 12 signature of Final Acts 116 (U.S A ) I r Hyde, H. van Zile Kristo, A. I4lores Zorilla, A. inlistofdelegations inlistofobservers inlistofobservers (U.S A ) I I (Albania) 12 (ILO) 12 Krotkov, F. G. 41, 43, 51,52,55, Forsyth, W. D. Imami, A. 6o, 64, 65,69,85 inlistofdelegations inlistof delegations inlistofdelegations (Australia) 7 (Iran) 9 (U.S.S.R . ) I 0 - 141 -

Pages Pages Pages Krotkov, F. G. (contd.) MacCormack, J. D. . 54, 72, 90 Moll; A. A. (contd.) Chairman of Conference63, 65 inlistofobservers signature of Final Act, Vice-President of Con- (Ireland) ...... 12 Constitution and Ar- ference 6, 13 signature of Final Acts 118 rangement 116 Chairmanof Interim MacDonald, J. H. Mondragón, O. S. . . . 39, 87 Commission . . . 29 inlistofdelegations inlistofdelegations member of General (Canada) 7 (Mexico) 9 Committee . . . . . 13 Mackenzie, M. D.46, 48, 56, 92, Vice-Chairman of Inter- signature of Final Acts 117 93, 125, 128, 229 im Commission . . . 29 inlistofdelegations Vice-Chairman of Com- . . . de Laët, M...... 49, 50, 79 (U.K.) . . 10 mittee I. . . 14 inlistofdelegations ChairmanofCentral signature of Final Acts 116 (Belgium and Luxem- Drafting Committee 15, 43 Moore, L. C. burg) . . 7,9 appointed to Technical ' in Secretariat list. . . 13 signature of Final Acts 115, 116 Preparatory Commit- Secretary, Committee II 14 Lage, G. tee . . . 98 Mora Otero, J. A. . . . . 46 inlistofdelegations signature of Final Acts 117 inlistofdelegations (Cuba) 8 Macha'eek, K. (Uruguay). . . . . I I Lago Pereda, V. inlistofdelegations signature of Final Acts 118 inlistofdelegations (Czechoslovakia) . . 8 Morán, G. E. 70 (Cuba) 8 Vice-Chairman of Com- inlistofdelegations mittee IV 25 (Guatemala). . . 9 Lakshmanan, C. K. . . 39, 124 MacMillan, C. W. signature of Final Acts 116 inlistofdelegations Morgan, M T (India). . 9 inlistofdelegations 84 member of General (Canada) 7 inlistofobservers (OIHP) 12 Committee . . . . 23, 41 Maktos, J. signature of Final Acts 116 inlistofdelegations Mudaliar, Sir Ramaswami6, 32 Lambert, R. A. (U.S A ) xi Chairman of Conference 31 inlistofobservers Makhlouf, A. Mulliken, O. E. (Rockefeller Founda- ofdelegations inlistofdelegations inlist (U.S A ) I I tion) 13 (Lebanon) . . . . 9 signature of Final Acts 116 Mufloz, J. A. Lara, H...... 35, 39, 79 inlistofdelegations inlistofdelegations Mani, C. . . - 53, 57, 60, 72, 74 (Guatemala). . . . 9 (Philippines). . . . io inlistofdelegations signature of Final Acts 116 member of Credentials (India)...... 9 Committee . . . . 14, 33 Rapporteur of Commit- Nasr, T. E. Bey. . . . . 75,76 signature of Final Acts 117 tee V 15, 56 inlistofdelegations Lau, A. appointed to Technical (Egypt) 8 inlistofdelegations Preparatory Commit- member of Committee (China) 8 98 on Rules of Procedure signature of Final Acts I 16 14 Laugier, H. . . . 6, 33, 42, 55 signature of Final Acts 115 Secretary-General ex- F. Nasri, Y. officio of Conference . 13 inlistofdelegations inlistofdelegations 8 Lebeau, R. . . . 125, 128 (Denmark) (Saudi Arabia). . . 0 inlistofdelegations Martinez Baez, M. signature of Final Acts 117 (Belgium) 7 appointed to Technical Nevarez-Vásquez, R. . . Leclainche, X. . . . 66,71, 77 Preparatory Commit- inlistofdelegations inlistofdelegations tee 98 (Ecuador) 8 (France) 8 Martone, F J 75, 81 signature of Final Acts 115 Rapporteur of Commit- inlistofdelegations Nisot, J. 84, 86 tee III 14 (Argentina) 7 inlistofdelegations appointed to Technical Maylott, M. (Belgium) 7 Preparatory Commit- inlistofdelegations Nogueira, P. 36, 48 tee 98 (U.S.A.) I I inlistofdelegations Lee, Y. S. S 40, 92 McDougall, F. L. (Cuba) ...... 8 inlistofobservers inlistofobservers member of Credentials (Japan and Korea) . 12 (FAO) 12 Committee . . . . 14, 33 León, A. P. . 79, 123, 125, 129 McGinnes, G. F. signature of Final Acts 115 inlistofdelegations inlistofobservers (Mexico) Oerskov, J. 126 9 (Red Cross) 12 inlistofdelegations León, R. McMullen, E. I. inlistofdelegations (Denmark) . . . . 8 inlistofdelegations signature of Final Acts 115 (Haiti) ...... 9 8 (China) de Oliveira Campos, R. 86 signature of Final Acts 116 Medved, I.54, 55, 56, 58, 61, 62, de León, W. inlistofdelegations 71, 8o, 87, 90, 124, (Brazil) inlistofdelegations x26, 127, 128, 129 7 (Philippines). . . . xo Orahovatz, D. P 90 inlistofdelegations inlistofobservers signature of Final Acts 117 (Ukraine) . . . . . 10 Lie, Trygve 117 (Bulgaria) . . . . . 12 6 31 signature of Final Acts signature of Final Acts 118 van Loghem, J. J. Mejia, V. M. inlistofdelegations inlistofdelegations Parisot, J.50, 51, 52, 53,54, 56, (Netherlands). . . . 9 (Guatemala) , . . 9 61, 70 Long, J. D. 91 Miro, C. inlistofdelegations inlistofobservers inlistofdelegations (France) 8 (PASB) 23 (Panama) io Rapporteur of Commit- Lull, G. Moll, A. A.. 49, 52, 71, 93, 127 tee II. . 14 inlistofdelegations inlistofdelegations signature of Final Acts 116 (U S A ) I I (El Salvador) . . . . 8 Parran, T.35, 38, 40, q 1, 43, 49, inlistofobservers 51, 56, 58, 6o, 61, 62, 63, Mabileau, J. F. (PASB) 13 65, 71, 93, 94, 95, 96 inlistofdelegations member of Central inlistofdelegations (France) 8 Drafting Committee 25 (U.S A ) ii - 142 -

Pages Pages Pages Parran, T. (contd.) Sand, R. (contd.) Shtylla, B. President of Conference6, 13, nominated Chairman of inlistofobservers 35 Central Drafting (Albania) I2 ChairmanofGeneral Committee 43 Shu, Chang-Yui Committee 13 member of Central inlistofdelegations appointed to Technical Drafting Committee. 15 (Chine) 8 Preparatory Commit- appointed to Technical Smith, H. H. 98 Preparatory Commit- inlistofobservers signature of Final Acts 118 tee 98 (Rockefeller Founda- Pau llin, J. E. Sandberg, H. Th. tion) 13 inlistofdelegations inlistofdelegations Sobolev, A. 96, 97 (U.S.A.) ..... (Norway) to Sotelo, L. V. Paz Soldán, C. Enrique 39, 46, signature of Final Acts 117 inlistofdelegations 49, 51, 58, 72 (Bolivia) ...... 7 in ofdelegations Sandifer, D. V. 42, 58, 63, 64, list 68, 72, 75 signature of Final Acts 115 (Peru) . . to Souza, G. H. de Paula 37, 43, 48, member of General inlistof delegations (U.S.A.) 58, 59, 64, 69, 85, 86, 90, Committee . . . . 13, 41 ii 94, 126 signature of Final Acts 117 member of and Legal inlistof AdvisertoCentral delegations Pe6n del Valle, C. (Brazil) 7 inlistofdelegations Drafting Committee . 15 Chairman of Conference 85 (Mexico) 9 member of Committee Vice-President of Con- Petrova, M. on Rules of Procedure 14 ference 6 13 inlistofdelegations Santamarina, V. 52, 54, 58, 61, member of General (Byelorussia). . . . 7 62, 65, 85, 87 Committee . . . . . /3 Petzsche, M. E. inlistof delegations appointed to Technical inlistofdelegations (Cuba) ...... 8 Preparatory Commit- (U. K.) 11 signature of Final Acts 115 tee ...... 98 Phillips, H. M. Saraleglii, J. P. signature of Final Acts 115 inlistofdelegations inlistof delegations Stampar, A. 34, 35, 37, 43, 52, (U. K.) to (Uruguay) II 54,85,97,127 Pierret, R. Sauter, A. inlistofdelegations inlistofobservers inlistofobservers (Yugoslavia) . . . ir (OIHP) 12 (Switzerland) . . . 12 Chairman of Conference 31, 33 Prokk, V. signature of Final Acts 118 ChairmanofInterim ofdelegations Sawyer, W. A. Commission . . . . 29 inlist member of General (Czechoslovakia) . . 8 inlistofobservers (UNRRA) 13 Committee . . .. 13, 41 Ramirez Pane, R. . 61, 62, 128 Sergeeva, V. appointed to Technical inlistofdelegations inlistofdelegations Preparatory Commit- (Paraguay) to (Ukraine) tee...... 98 Regnault Beccat, M. Sevilla-Sacasa, A. signature of Final Acts 118 inlistofobservers inlistof delegations Stayer, M. C. (UNESCO) - 13 (Nicaragua) . . . . 9 inlistofobservers Riquelme, A. signature of Final Acts xx 7 (Germany) 12 inlistofdelegations Sharp, W. R. Stephopoulos, C (Chile) 7 in Secretariat list . . 13 inlistofdelegations Ritchie, T. R. 79, 127 Assistant Secretary of (Greece) 9 inlistofdelegations Conference . . .. 13 Stock, P. C. (New Zealand). . . 9 Secretary of Committee inlistofdelegations signature of Final Acts 116 on Rules of Procedure (U.K.) Rivero, R. Secretary of Committee Stowman, K inlistofdelegations 14 inlistofobservers (Uruguay). . . . . Secretary of Committee (UNRRA) 13 signature of Final Acts 118 IV 15 Strode, C. K. Robinson, K. E. Shen, J. K. 35, 36, 41, 65, 78, 83, inlistofobservers inlistofdelegations 84, 86, 89, 92, 93, 12 3 (Rockefeller Founda- (U.K.) I I inlistofdelegations tion) 13 Roosevelt, President F. D (China) 7 Chairman of Conference 81 Stroem, A quoted 31 Vice-President of Con- inlistofdelegations Roseman, A. (Norway) io inlistofdelegations ference 6 13 member of General Switzer, M. (U.S.A.) ii of 128 Committee 13 inlist delegations Routley, T. C signature of Final Acts 115 (U S A ) I I inlistofdelegations Sze, S. 47, 50, 58, 59, 78, 79, 82, (Canada) 7 Shimkin, M. B. 124 inlistofdelegations 83, 87, 88, 89 Rovirosa, G. A. (U.S.A.) ii inlistofdelegations inlistofdelegations (China) 8 (Mexico) 9 Shousha Pasha, A. T.35, 44, 46, 47, 49, 55, 58, 65 Vice-Chairman of Inter- Sams, C. F. inlistofdelegations im Commission . . . 29 inlistofobservers (Egypt) 8 Rapporteur of Commit- ( Japan and Korea) . 12 Vice-Chairman of Inter- tee IV 15 Sanasen, M. im Commission . . . 29 member of Committee inlistofobservers Chairman of Credentials on Rules of Procedure 14 (Siam) 12 Committee . . . . 14, 33 member of Central Drafting Committee 15 Sand, R...... 41, 45, 46 Chairman of Committee ofdelegations 14, 41 appointed to Technical inlist Preparatory Commit- (Belgium) . . 7 member of General Chairman of Technical Committee .. . . . 13 tee ...... 98 Preparatory Commit- appointed to Technical signature of Final Acts r r5 tee 41 Preparatory Commit- Szegody-Maszak, A. Rapporteur of Commit- tee...... 98 inlistofobservers tee I 14 signature of Final Acts 115 (Hungary) 12 -143-

Pages Pages Pages Tamthai, B 90 Truman, President H. S. West, J. B. inlistofobservers message from . . , 31 inlistofdelegations (Siam) Tsui, Tswen-Ling (Liberia) 9 signature of Final Acts 118 inlistofdelegations signature of Final Acts /6 Tan, Shao-Hwa (China) 8 Wheeler, R. S. inlistofdelegations Tubiasz, S. inlistofdelegations (China) 8 inlistofdelegations (U.S.A.) I I Tange, A. H. 71, 79, 82, 87, 88, (Poland) j o 93, 123, 127 Wickenden, E. B. inlistofdelegations Turbott, H. B. inlistofdelegations inlistofdelegations (U.S A ) I I (Australia). . . . . 7 signature of Final Acts 115 (New Zealand) . . . 9 Williams, L. B. Tennant, M. E. Turpeinen, 0. 90 inlistofdelegations inlistofobservers inlistofobservers (U.S.A.) I I (Rockefeller Founda- (Finland) 12 Wilson, F. M. tion) I 3 signature of Final Acts 118 inlistofdelegations Tesemma, G. 81, 82 Tutunji, Djamil Pasha . 91, 127 (U.S.A.) Ix inlistofdelegations inlistofobservers Winant, J. G. 6 31 (Ethiopia). . . . . 8 (Transjordan). . . . 12 Wolman, A. signature of Final Acts 116 signature of Final Acts xx8 inlistofdelegations Thomen, L. 40, 48, 52, 53, 54, 58, (U.S A ) ii 59, 64, 65, 68, 81, 86Uribe-Aquirre, C.. . . . 63 Woo, Lan-Sung inlistofdelegations inlistofdelegations inlistofdelegations (Dominican Republic) 8 (Colombia) . . . . 8 (China) Vice-Chairman of Com- 115 signature of Final Acts Wu, G. Y. L. mittee V. . . . . 15, 56 signature of Final Acts 115 inlistofdelegations Vallarino, J. J. 46, 48, 63, 8o, (China) 8 Thors, T. 81, 86 inlistofobservers inlistofdelegations Wynes, W A 59, 61 inlistofdelegations (Iceland) I 2 (Panama) . . . . 10 Threan-Valdez, E. R. signature of Final Acts 117 (Australia) 7 inlistofdelegations Vallat, F. A . 72,74,76 (Dominican Republic) 8 inlistofdelegations Yates, G. E. 46, 82, 83, 84, 86, 88 Timmerman, W. A. 43, 56,57, 59 (U. K.) I I in of inlistofdelegations list delegations Legal Adviser to Central (U.K.) 10 (Netherlands) . . . 9 Drafting Committee . 15 Chairman of Committee member of Committee signature of Final Acts 117 V 15, 41 on Rules of Procedure 14 Yuan, L. Chin member of inlistofdelegations General van denBerg,C., see Committee 13 under " B " (China) 8 signature of Final Acts 116 signature of Final Acts 115 Tocker, S. van Dullemen,J. J.,see inlistofdelegations under " D " (Paraguay) 10 van Loghem,J. J., see Zwanck, A. . 39, 47, 65, 70, 79 Togba, J. N.. 38, 73, 74, 8o, 87 under " L " inlistofdelegations inlistofdelegations van Zile Hyde, H.,see (Argentina). . . . . 7 (Liberia) . . . . . 9 under " H " member of Committee signature of Final Acts 116 Vargas, O. on Rules of Procedure 14 Toranzo, A 127 inlistofdelegations signature of Final Acts 115 inlistofdelegations (Costa Rica) . . . 8 Zarb, A. H. . in Secretariat list . . 13 (Peru) ...... 10 Vaucel, M. 74 signature of Final Acts 117 inlistofdelegations Secretary of Committee Trefi, C... 38, 46, 62, 70, 124 (France) 8 I II 14 inlistofdelegations nominated as Chairman Zozaya, J (Syria) ...... ofCentralDrafting inlistofdelegations signature of Final Acts 117 Committee 43 (Mexico) 9