The Governments of Australia, the French Republic, New Zealand the
United Kingdom of Great Britain and Northern Ireland, and the United
States of America, (hereinafter referred to as "the
participating Governments"),
Desiring to encourage and strengthen international co-operation in
promoting the economic and social welfare and advancement of the
peoples of the non-self-governing territories in the South Pacific
region administered by them,
Have, through their duly authorized representatives met together in
Canberra, made an Agreement in the following terms:
ARTICLE I
Establishment of the Commission
1. There is hereby established the South Pacific Commission
(hereinafter referred to as "the Commission").
ARTICLE II
Territorial Scope
2. The territorial scope of the Commission shall comprise:
(a) all those territories in the Pacific Ocean which are administered
by the participating Government and which are wholly or in part south
of the Equator and east of and including the Australian Territory of
Papua and the Trust Territory of New Guinea; and Guam and the Trust
Territory of the Pacific Islands; and
(b) all the territory of any State, the Government of which accedes
to this Agreement pursuant to the provisions of Article XXI,
paragraph 66.
3. The territorial scope of the Commission may be altered by
agreement of all the participating Governments.
ARTICLE III
Composition of the Commission
4. Each participating Government may appoint two Commissioners and
shall designate one of them as its Senior Commissioner.
5. Each participating Government may appoint such alternates and
advisers to its Commissioners as it considers desirable.
ARTICLE IV
Powers and Functions
6. The Commission shall be a consultative and advisory body to the
participating Governments in matters affecting the economic and
social development of the territories within the scope of the
Commission and the welfare and advancement of their peoples. To this
end, the Commission shall have the following powers and functions:
(a) to study, formulate and recommend measures for the development
of, and where necessary the co-ordination of services affecting, the
economic and social rights and welfare of the inhabitants of the
territories within the scope of the Commission, particularly in
respect of agriculture (including animal husbandry), communications,
transport, fisheries, forestry, industry, labour, marketing,
production, trade and finance, public works, education, health,
housing and social welfare;
(b) to provide for and facilitate research in technical, scientific,
economic and social fields in the territories within the scope of the
Commission and to ensure the maximum co-operation and co-ordination
of the activities of research bodies;
(c) to make recommendations for the co-ordination of local projects
in any of the fields mentioned in the previous sub-paragraphs which
have regional significance and for the provision of technological
assistance from a wider field not otherwise available to a
Territorial Administration;
(d) to provide technical assistance, advice and information
(including statistical and other material) for the participating Governments;
(e) to promote co-operation with non-participating Governments and
with non-governmental organizations of a public or quasi-public
character having common interests in the area, in matters within the
competence of the Commission;
(f) to address inquiries to the participating Governments on matters
within its competence;
(g) to make recommendations with regard to the establishment and
activities of auxiliary andsubsidiary bodies.
[Individual territories and the South Pacific Commission may enter
into arrangements for technical assistance from the Commission on the
basis of the territory making counterpart contributions.] (Endnote l)
7. The Commission may discharge such other functions as may be agreed
upon by the participating Governments.
8. The Commission may make such administrative arrangements as may be
necessary for the exercise of its powers and the discharge of its functions.
9. With a view to facilitating the inauguration of the work of the
Commission in matters immediately affecting the economic and social
welfare of the local inhabitants of the territories within the scope
of the Commission, the Commission shall give early consideration to
the projects set forth in the resolution (appended to this Agreement)
relating to important immediate projects adopted by the South Seas
Conference at Canberra, Australia, on February 6, 1947.
10. The participating Governments undertake to secure such
legislative and administrative provision as may be required to ensure
that the Commission will be recognized in their territories as
possessing such legal capacity and as being entitled to such
privileges and immunities (including the inviolability of its
premises and archives) as are necessary for the independent exercise
of its powers and discharge of its functions.
ARTICLE V
Procedure of the Commission
11. Irrespective of the place of meeting, each Senior Commissioner
shall preside over sessions of the Commission for one calendar year
in rotation, according to the English alphabetical order of the
participating Governments.
12. The Commission may meet at such times and in such places as it
may determine. It shall hold one regular session in each year, and
such further sessions as two-thirds of all the Senior Commissioners
may decide to be necessary. [The annual regular Session of the
Commission shall be held immediately following the Session of the
South Pacific Conference.] (Endnote 2)
13. At a meeting of the Commission, two-thirds of all Senior
Commissioners shall constitute a quorum.
14. The decisions of the Commission shall be taken in accordance with
the following rules:
(a) each of the participating Governments shall have the number of
votes set out below. Each participating Government shall transfer one
of its votes to the Government of each territory which shall cease to
be administered by it and shall be admitted to the Commission as a
participating Government. (Endnote 3)
Australia 2 votes*
(in respect of itself and its territories)
*with the proviso that Australia will not exercise the
second vote until such time as Norfolk Island participates in the Conference.
Fiji 1 vote
The French Republic 4 votes
(in respect of itself and its territories)
Nauru 1 vote
New Zealand 4 votes
(in respect of itself and its territories)
Papua New Guinea 1 vote
Solomon Islands 1 vote
Tuvalu 1 vote
The United Kingdom 1 vote
(in respect of itself and its territories)
The United States 4 votes
(in respect of itself and its territories)
Western Samoa 1 vote
The number of votes assigned to each of the participating Governments
and the total number of votes may be altered by the unanimous
agreement of the participating Governments;
(b) only Senior Commissioners shall be entitled to cast the votes
referred to in sub-paragraph (a) of this paragraph;
(c) procedural matters shall be decided by a majority of votes cast;
(d) decisions on budgetary or financial matters which may involve a
financial contribution by the participating Governments (other than a
decision to adopt the annual administrative budget of the Commission)
shall require the concurring votes of all the Senior Commissioners;
(e) decisions on all other matters (including a decision to adopt the
annual administrative budget of the Commission) shall be taken by
two-thirds of all the votes referred to in sub-paragraph (a) of this paragraph.
15. In the absence of a Senior Commissioner, his functions shall be
discharged for all purposes of this Article by the other Commissioner
appointed by his Government or, in the absence of both, by an
Alternate designated by his Government or the Senior Commissioner.
16. The Commission may appoint committees and, subject to the
provisions of this Agreement, may promulgate rules of procedure and
other regulations governing the operations of the Commission, of its
auxiliary and subsidiary bodies and such committees as it shall
establish, and of the Secretariat and generally for the purpose of
carrying into effect the terms of this Agreement.
17. The official languages of the Commission and its auxiliary and
subsidiary bodies shall include English and French.
18. The Commission shall make to each of the participating
Governments, and publish, an annual report on its activities,
including those of its auxiliary and subsidiary bodies.
ARTICLE VI
Research Council
19. In view of the special importance of research for the carrying
out of the purposes of the Commission, there shall be established a
Research Council which shall serve as a standing advisory body
auxiliary to the Commission.
ARTICLE VII
Composition of the Research Council
20. Members of the Research Council shall be appointed by the
Commission on such terms and conditions as the Commission may decide.
21. (a) The Commission shall appoint, as members of the Research
Council, such persons distinguished in the fields of research within
the competence of the Commission as it considers necessary for the
discharge of the Council's functions;
(b) among the members of the Council so appointed, there shall be a
small number of persons highly qualified in the several fields of
health, economic development and social development who shall devote
their full time to the work of the Research Council.
22. The Research Council shall elect a Chairman from its members.
23. The Commission shall appoint a full-time official who shall
direct research and be charged with the general responsibility for
supervising the execution of the programme of the Research Council.
He shall be, ex officio, a member of the Deputy Chairman of the
Council and, subject to the directions of the Commission, shall be
responsible for arranging and facilitating co-operative research, for
arranging and carrying out research projects of a special nature, for
collecting and disseminating information concerning research and for
facilitating the exchange of experience among research workers of the
area. He shall be responsible to the Secretary-General for all
administrative matters connected with the work of the Research
Council and of its committees.
24. In all technical matters, full-time members shall be under the
direction of the Deputy Chairman of the Research Council. In all
administrative matters, they shall be responsible to the Secretary-General.
25. Recommendations of the Research Council in connexion with
research projects to be undertaken shall be first submitted to the
Commission for approval.
ARTICLE VIII
Functions of the Research Council
26. The functions of the Research Council shall be:
(a) to maintain a continuous survey of research needs in the
territories within the scope of the Commission and to make
recommendations to the Commission on research to be undertaken;
(b) to arrange, with the assistance of the Secretary-General, for the
carrying out of the research studies approved by the Commission,
using existing institutions where appropriate and feasible;
(c) to co-ordinate the research activities of other bodies working
within the field of the Commission's activities and, where possible,
to avail itself of the assistance of such bodies;
(d) to appoint technical standing research committees to consider
problems in particular fields of research
(e) to appoint, with the approval of the Commission, ad hoc research
committees to deal with special problems;
(f) to make to each Session of the Commission a report of its activities.
ARTICLE IX
The South Pacific Conference
27. In order to associate with the work of the Commission
representatives of the local inhabitants of, and of official and
non-official institutions directly concerned with, the territories
within the scope of the Commission, there shall be established a
South Pacific Conference with advisory powers as a body auxiliary to
the Commission.
ARTICLE X
Sessions of the Conference
28. [There will be a Session of the Conference each year and it will
be held immediately before and at the same venue as the regular
Session of the Commission.] (Endnote 4)
29. Each Session of the Conference shall be held in one of the
territories within the scope of the Commission at a place designated
by the Commission with due regard to the principle of rotation.
30. [The Conference is empowered to elect the Chairman and Deputy
Chairman of each Session of the Conference. Commissioners and the
representatives of all member Territories and Governments of the
South Pacific Conference, including the representatives of those
Territories and Governments that are not in a position to be the
venue of the Conference, may accede to the Chairmanship of the
Conference] (Endnote 5)
When the Conference is held in a State or Territory other than New
Caledonia, the Chairman shall be a representative of the host State
or Territory. When the Conference is held at headquarters the
Chairman shall be a representative of a territory not in a position
to be the venue of the Conference.
31. The Secretary-General shall be responsible for the administrative
arrangements of the Conference.
32. [The Conference shall adopt its own Rules of Procedure. The
Agenda shall be formally approved by the Conference within the
competence of the Commission as defined in paragraph 6 of Article IV
of the Canberra Agreement.] (Endnote 6)
33. The Conference may make recommendations to the Commission on
procedural questions affecting its Sessions. It may also recommend to
the Commission the inclusion of specific items on the Agenda for the Conference.
ARTICLE XI
Composition of the Conference
34. Delegates to the Conference shall be appointed for each territory
which is within the scope of the Commission and which is designated
for this purpose by the Commission. The maximum number of delegates
for each territory shall be determined by the Commission. In general,
the representation shall be at least two delegates for each
designated territory.
35. Delegates shall be selected in such a manner as to ensure the
greatest possible measure of representation of the local inhabitants
of the territory.
36. Delegates shall be appointed for each designated territory in
accordance with its constitutional procedure.
37. The delegations for each designated territory may include
alternate delegates and as many advisers as the appointing authority
considers necessary. [Those territories which have attained self
governing status, or countries within the Commission region that are
independent shall have the right to participate fully in all meetings
and activities of the South Pacific Conference ] (Endnote 7)
ARTICLE XII
Functions of the Conference
38. The Conference may discuss such matters of common interest as
fall within the competence of the Commission, and may make
recommendations to the Commission on any such matters.
ARTICLE XIII
The Secretariat
39. The Commission shall establish a Secretariat to serve the
Commission and its auxiliary and subsidiary bodies.
40. The Commission shall, subject to such terms and conditions as it
may prescribe, appoint a Secretary-General and a Deputy
Secretary-General. They shall hold office for five years unless their
appointments are earlier terminated by the Commission. They shall be
eligible for reappointment.
41. The Secretary-General shall be the chief administrative officer
of the Commission and shall carry out all directions of the
Commission. He shall be responsible for the functioning of the
Secretariat and shall be empowered, subject to such directions as he
may receive from the Commission, to appoint and dismiss, as
necessary, members of the staff of the Secretariat.
42. In the appointment of the Secretary-General, the Deputy
Secretary-General and the staff of the Secretariat, primary
consideration shall be given to the technical qualifications and
personal integrity of candidates. To the fullest extent consistent
with this consideration, the staff of the Secretariat shall be
appointed from the local inhabitants of the territories within the
scope of the Commission and with a view to obtaining equitable
national and local representation.
43. Each participating Government undertakes so far as possible under
its constitutional procedure to accord to the Secretary-General, to
the Deputy Secretary-General, to the full-time members of the
Research Council and to appropriate members of the staff of the
Secretariat such privileges and immunities as may be required for the
independent discharge of their functions. The Commission may make
recommendations with a view to determining the details of the
application of this paragraph or may propose conventions to the
participating Governments for this purpose.
44. In the performance of their duties, the Secretary-General, the
Deputy Secretary General, the full-time members of the Research
Council and the staff of the Secretariat shall not seek or receive
instructions from any Government or from any other authority external
to the Commission. They shall refrain from any action which might
reflect on their position as international officials responsible only
to the Commission.
45. Each participating Government undertakes to respect the
exclusively international character of the responsibilities of the
Secretary-General, the Deputy Secretary-General, the full-time
members of the Research Council an the staff of the Secretariat and
not to seek to influence them in the discharge of their responsibilities.
ARTICLE XIV
Finance
46. The Commission shall adopt an annual budget for the
administrative expenses of the Commission and its auxiliary and
subsidiary bodies, and such supplementary budgets as it may
determine. The Secretary-General shall be responsible for preparing
and submitting to the Commission for its consideration the annual
administrative budget and such supplementary budgets as the
Commission may require.
[The Secretariat, in consultation with Territorial Administrations
and Governments and participating Governments as necessary, shall
prepare an annual Work Programme and Budget and a budget forecast for
as many of the succeeding years as current Commission Policy may determine.
The draft Work Programme and Budget and budget forecast having been
submitted in advance for study by members of the Conference and the
participating Governments will be fully examined at the Session of
the Conference with a view to making agreed recommendations to the
Commission for final decision.
Budgetary decisions of the Conference and Commission extending beyond
the forthcoming year shall be taken in principle only and shall be
subject to revision by succeeding Sessions of the Conference and
Commission unless specific and explicit provision to the contrary is
made. ] (Endnote 8)
47. Except for the salaries, allowances and miscellaneous
expenditures of the Commissioners and their immediate staffs, which
shall be determined and paid by the respective Governments appointing
them, the expenses of the Commission and its auxiliary and subsidiary
bodies (including the expenses of delegates to the South Pacific
Conference on a scale approved by the Commission shall be a charge on
the funds of the Commission.
48. There shall be established, to meet the expenses of the
Commission, a fund to which each participating Government undertakes,
subject to the requirements of its constitutional procedure, to
contribute promptly its proportion of the estimated expenditure of
the Commission, as determined in the annual administrative budget and
in any supplementary budgets adopted by the Commission.
49. The expenses of the Commission and its related bodies shall be
apportioned among the participating Governments in such manner as the
participating Governments may unanimously determine. [Budgetary
contributions by Territorial Administrations and Governments shall be
on a voluntary basis and may be applied to specific projects
determined by the contributing territories.] (Endnote 9)
50. The fiscal year of the Commission shall be the calendar year.
51. Subject to the directions of the Commission, the
Secretary-General shall be responsible for the control of the funds
of the Commission and of its auxiliary and subsidiary bodies and for
all accounting and expenditure. Audited statements of accounts for
each fiscal year shall be forwarded to each participating Government
as soon as possible after the close of the fiscal year.
52. The Secretary-General, or an officer authorized by the Commission
to act as Secretary-General pending the appointment of the
Secretary-General, shall at the earliest practicable date after the
coming into force of this Agreement submit to the Commission an
administrative budget for the current fiscal year and any
supplementary budget which the Commission may require. The Commission
shall thereupon adopt for the current fiscal year an administrative
budget and such supplementary budget as it may determine.
53. Pending adoption of the first budget of the Commission, the
administrative expenses of the Commission shall be met, on terms to
be determined by the Commission, from an initial working fund of
œ40,000 sterling to which the participating Governments
undertake to contribute in the proportions provided for in paragraph
49 of this Agreement.
54. The Commission may in its discretion accept for inclusion in its
first budget any expenditure incurred by the Governments of Australia
or New Zealand for the purpose of paragraph 64 of this Agreement. The
Commission may credit any such expenditure against the contribution
of the Government concerned. The aggregate of the amounts which may
be so accepted and credited shall not exceed œ5,000 sterling.
ARTICLE XV
Relationship with Other International Bodies
55. The Commission and its auxiliary and subsidiary bodies, while
having no organic connexion with the United Nations, shall co-operate
as fully as possible with the United Nations and with appropriate
specialized agencies on matters of mutual concern within the
competence of the Commission.
56. The participating Governments undertake to consult with the
United Nations and the appropriate specialized agencies at such times
and in such manner as may be considered desirable, with a view to
defining the relationship which may in future exist and to ensuring
effective co-operation between the Commission, including its
auxiliary and subsidiary bodies, and the appropriate organs of the
United Nations and specialized agencies dealing with economic and
social matters.
57. The Commission may make recommendations to the participating
Governments as to the manner in which effect can best be given to the
principles stated in this Article.
ARTICLE XVI
Headquarters
58. The permanent headquarters of the Commission and its auxiliary
and subsidiary bodies shall be located within the territorial scope
of the Commission at such place as the Commission may select. The
Commission may establish branch offices and except as otherwise
provided in this Agreement, may make provision for the carrying on of
any part of its work or the work of its auxiliary and subsidiary
bodies at such place or places within or without the territorial
scope of the Commission as it considers will most effectively achieve
the objectives for which it is established. The Commission shall
select the site of the permanent Headquarters within six months after
this Agreement comes into force. Pending the establishment of its
permanent Headquarters, it shall have temporary Headquarters in or
near Sydney, Australia.
ARTICLE XVII
Saving Clause
59. Nothing in this Agreement shall be construed to conflict with the
existing or future constitutional relations between any participating
Government and its territories or in any way to affect the
constitutional authority and responsibility of the Territorial Administrations.
ARTICLE XVIII
Alteration of Agreement
60. The provisions of this Agreement may be amended by consent of all
the participating Governments.
ARTICLE XIX
Withdrawal
61. After the expiration of five years from the coming into force of
this Agreement, a participating Government may withdraw from the
Agreement on giving one year's notice to the Commission.
62. If any participating Government ceases to administer
nonself-governing territories within the scope of the Commission,
that Government shall so notify the Commission and shall be deemed to
have withdrawn from the Agreement as from the close of the then
current calendar year.
63. Notwithstanding the withdrawal of a participating Government,
this Agreement shall continue in force as between the other
participating Governments.
ARTICLE XX
Interim Provisions
64. Preliminary arrangements for the establishment of the Commission
shall be undertaken jointly by the Governments of Australia and New Zealand.
ARTICLE XXI
Entry into Force
65. The Governments of Australia, the French Republic, New Zealand,
the United Kingdom of Great Britain and Northern Ireland, and the
United States of America shall become parties to this Agreement by:
(a) signature without reservation, or
(b) signature ad referendum and subsequent acceptance. Acceptance
shall be effected by notification to the Government of Australia. The
Agreement shall enter into force when all the abovementioned
Governments have become parties to it. (Endnote 10)
66. Any government, the territory of which is within the territorial
scope of the Commission as defined in Article II and which is either
fully independent or in free association with a fully independent
Government, may accede to this Agreement, if it is invited to do so
by all participating Governments, by depositing an Instrument of
Accession with the Government of Australia (Endnote 11). This
Agreement shall enter into force for each acceding Government upon
the date of the deposit of its Instrument of Accession. Such
Government shall thereupon be deemed a participating Government for
the purposes of this Agreement other than those specified in Article
XIX, paragraph 62. The Government of Australia shall notify the
participating Governments of the date of deposit of each Instrument
of Accession to this Agreement.
67. The Government of Australia shall notify the other abovementioned
Governments of each acceptance of this Agreement, and also of the
date on which the Agreement comes into force.
68. The Government of Australia shall, on behalf of all the
participating Governments, register this Agreement with the
Secretariat of the United Nations in pursuance of Article 102 of the
Charter of the United Nations.
This Agreement, of which the English and French texts are equally
authentic, shall be deposited in the archives of the Government of
Australia. Duly certified copies thereof shall be transmitted by the
Government of Australia to the other participating Governments
(Endnote 12)
IN WITNESS WHEREOF the duly authorized representatives of the
respective participating Governments have signed this Agreement.
Opened in Canberra for signature on the sixth day of February, one
thousand nine hundred and forty-seven .
[The Agreement has been amended by the following documents:
-
Agreement Extending the Territorial Scope of the South Pacific
Commission, Noumea, 7 November 1951 (Aust. T.S. 1951 No.18. The
Agreement was signed for Australia, 7 November 1951, and entered into
force on that date).
-
Agreement Relating to the Frequency of Sessions of the South Pacific
Commission, Canberra, 5 April 1954 (Aust. T.S. g54 No.18. The
Agreement was signed for Australia on 5 April l954 and entered into
force 1 July 1954).
-
Agreement Amending the Agreement Establishing the South Pacific
Commission, London, 6 October 1964 (Aust. T.S. 1965 No 11. The
Agreement was signed for Australia on 6 October l964, and entered
into force 15 July 1965).
-
Annex to the Agreement Establishing the South Pacific Commission,
published as Annex II to the Proceedings of the Thirty-Fifth Session
of the South Pacific Commission, held at Apia, Western Samoa, 2 - 5
October 1972.
-
Agreement Amending the Agreement Establishing the South Pacific
Commission, Noumea, 12 October l978 (The Agreement was signed for
Australia on 5 October 1979 and entered into force 4 June 1980).
Note: Where a provision is not of treaty status, this has been
indicated by enclosing the provision in brackets [ ]; the source of
the provision is shown in an endnote.
ENDNOTES
(l) See Annex to the Agreement Establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty-Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(2) See Annex to the Agreement Establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty-Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(3) See paragraph 33 of the Proceedings of the Thirty-Fifth Session
of the South Pacific Commission, held at Apia, Western Samoa, 2 - 5
October 1972. The number of votes assigned to each participating
Government has been amended in the light of current practice, brought
about by the Accession to the Canberra Agreement of the independent
Pacific countries of Fiji, Nauru, Papua New Guinea, Solomon Islands,
Tuvalu and Western Samoa.
(4) See Annex to the Agreement Establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty-Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(5) See Annex to the Agreement Establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty-Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(6) See Annex to the Agreement Establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty-Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(7) See Annex to the Agreement Establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty-Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(8) See Annex to the Agreement Establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty-Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(9) See Annex to the Agreement establishing the South Pacific
Commission, published as Annex II to the Proceedings of the
Thirty--Fifth Session of the South Pacific Commission, held at Apia,
Western Samoa, 2 - 5 October 1972.
(10) The Governments of Australia, New Zealand, the United Kingdom
and the United States signed the Agreement without reservation. The
Government of the French Republic deposited an Instrument of
Acceptance on 15 July 1965.
(11) Instruments of Accession to the 1947 Agreement Establishing the
South Pacific Commission as amended were deposited by the Independent
State of Western Samoa on 17 July 1965; by the Republic of Nauru on
24 July 1969; by the Dominion of Fiji on 5 May 1971; by the
Government of Papua New Guinea on 25 September 1975; by the
Government of Tuvalu on 17 November l978; by the Government of
Solomon Islands on 21 November 1978.
(12) Done at London this 6th day of October, 1964, in the English and
French languages, each equally authentic, the original of which shall
be deposited in the archives of the Government of Australia . The
Government of Australia shall transmit certified copies thereof to
all other signatory Governments and to the Government of Western Samoa.
Appendix A
MEMORANDUM OF UNDERSTANDING
Done at Wellington and signed at Rarotonga, Cook Islands, this 2nd
day of October 1974
The Governments of Australia, Fiji, Republic of France, Republic of
Nauru, New Zealand, United Kingdom of Great Britain and Northern
Ireland, United States of America and Western Samoa HEREBY record
their understanding regarding the modified procedure to be adopted
pending revision of the Agreement establishing the South Pacific
Commission signed at Canberra on 6 February 1947, as amended
(hereinafter referred to as the "Canberra Agreement").
1. Subject to any provision herein to the contrary, this Memorandum
will be construed as one with the Canberra Agreement.
2. Subject to the provisions of paragraphs 5 and 16 of this
Memorandum, the South Pacific Commission and the South Pacific
Conference will meet once a year in a joint session to be known as
the South Pacific Conference (hereinafter referred to as "the Conference").
3. Each Government and Territorial Administration will have the right
to send to the Conference a representative and alternates, each of
whom will have the right to speak.
4. Each Representative, or in his absence and alternate, will have
the right to cast one vote on behalf of the Government or Territorial
Administration which he represents.
5. The Conference may discuss any matter within the competence of the
South Pacific Commission.
6. The Conference will meet for not more than two weeks.
7. The official languages of the Conference and its committees and
sub-committees, will include English and French.
8. Rules of procedure consistent with the provisions of this
Memorandum will be adopted by the Conference.
9. (1) Procedural matters will be decided by a simple majority of
votes cast. An abstention will not count as a vote.
(2) Substantive matters and the classification of matters as
procedural or substantive will be decided by a simple majority of
votes cast, provided that the number of affirmative votes equals at
least half the total number of Governments and Territorial
Administrations represented by the Conference. An abstention will not
count as a vote.
10. (1) The Conference will elect the Government or Territorial
Administration which will provide the Chairman for the succeeding
Conference when that Conference is to be held at the Headquarters of
the South Pacific Commission.
(2) Such a Government or Territorial Administration will normally be
one which will not in the foreseeable future be in a position to act
as host to the Conference.
(3) When the Conference is held elsewhere than at Headquarters, the
Chairman will be nominated by the host country.
(4) The Vice-Chaieman of the Conference will be elected at each Conference.
11. The Secretary-General will be responsible for the administrative
arrangements for the Conference.
12. To assist the Conference in its work, the following Committees
will be set up:
(a) a Planning and Evaluation Committee with the functions specified
in paragraph 13;
(b) a Committee of Representatives of Participating Governments with
the functions specified in paragraph 14 (2);
(c) such other Committees as the Conference may determine.
13. (1) The Planning and Evaluation Committee will normally meet each
year at Headquarters, preferably in April or May, in order to:
(a) evaluate the effectiveness of the preceeding year's Work Programme;
(b) examine the draft Work Programme and Budget presented by the Secretary-General;
(c) agree on two themes, one economic and the other social, to be
discussed by the Conference; and
(d) to make a report to the Conference.
(2) In order to assist the Secretary-General in preparing the draft
work programme and budget, each participating Government will
endeavour to indicate, if possible in January of each year, the level
of its assessed financial contribution. Similarly, each Government
and each Territorial Administration will endeavour to indicate the
level of any voluntary contribution and any other assistance which it
is willing to make available in the following year.
(3) Each Government and Territorial Administration may participate in
the work of the Planning and Evaluation Committee and cast one vote.
(4) The Secretary-General and the Programme Directors may participate
but without a vote.
14.(1) The Conference will, before considering any other matters on
the Agenda for each meeting;
(a) examine in detail the draft Work Programme as revised by the
Secretary-General in the light of comments made by the Planning and
Evaluation Committee and in the light of the confirmation by
Governments and Territorial Administrations of the level of their
financial contributions;
(b) consider, as appropriate, any aspect of the administration of the
South Pacific Commission; and
(c) adopt the Work Programme and Budget, taking into account the
Administrative Budget as approved in accordance with the provision of
sub-paragraph (2) below and confirm the nomination of principal officers.
(2) The Committee of Representatives of Participating Governments
will, in accordance with Article V of the Canberra Agreement,
consider and approve the Administrative Budget and, in the light of
the views of the Conference on the matter, nominate the Principal
Officers of the Commission, and report thereon to the Conference.
15. (1) The Conference will each year direct the Secretary-General as
to the policy to be followed in the preparation of the Work Programme
and Budget.
(2) Such policy directive will contain instructions on the
preparation and the control of long-term projects.
16. Each participating Government has the right to invoke at any time
the present provisions of Article XVII of the Canberra Agreement
17. The new procedure established by this Memorandum of Understanding
will will be effective as from the date on which it has been signed
by all participating Governments and will remain in effect either:
(a) until there is a comprehensive revision of the Canberra
Agreement; or
(b) until the Memorandum is amended or replaced by another Memorandum
signed by all participating Governments.
DONE at WELLINGTON and SIGNED at RAROTONGA this 2nd day of October
1974 in the English and French languages, each being equally authentic.
(Signed) Australia, Fiji, France, Nauru, New Zealand, UK, USA,
Western Samoa.
[SPC participating Governments as of 1974]
