Adopted at the 2nd
Session of the Plenary of the APA (19-21 November 2007, Tehran,
the Islamic Republic of Iran) on this Monday, 19th of
November 2007.
RULES OF
PROCEDURE OF THE PLENARY OF THE ASIAN PARLIAMENTARY ASSEMBLY (APA)
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I.
Composition
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II. Session
-
III.
Presidency- Bureau
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IV. Standing
Committees
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V.
Agenda-Resolutions-Debates
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VI.
Amendments
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VII.
Speaking-Order-procedural Motions
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VIII.
Quorum-Consensus-Voting
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IX. Permanent
and Provisional Secretariats
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X. Close of
the plenary
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XI. Adoption
and Amendments of the Rules
I. Composition
RULE 1
1. The Plenary
shall be composed of sitting Members of Parliaments in
Asia
designated by Member Parliaments of the Asian
Parliamentary Assembly, hereinafter called APA, as APA delegates
for a two-year term of office in conformity with Article 6 of
the Charter.
2. Each Member
Parliament is entitled to designate between two to seven APA
delegates in accordance with Article 8 of the Charter.
3. Member
Parliaments shall submit the names and contact information of
their APA delegates to the Secretary-General in writing as soon
as possible, but not later than one month prior to the
commencement of the Plenary.
4. Before
completion of a two-year office as an APA delegate, if the term
of office as a member of his/her national parliament is over, or
if he/she is unable, at the discretion of national parliament,
to fulfill his/her obligation as a member of national
parliament, or if he/she passes away, the parliament in question
shall designates another delegate to APA for two years and
notifies the Secretary-General accordingly.
RULE 2
1. Observer
Parliaments of the APA may attend the open sessions of the
Plenary and its committees as observers, and may only speak on
the invitation of the President. They cannot vote or present
candidates for elective office.
2. Representatives
of regional or international organizations or
Inter-Parliamentary Unions may be invited, in capacity of
observers, to attend the open sessions of the Plenary upon
recommendation of the bureau of the previous Plenary and
acknowledgment of the Plenary in which they intend to attend.
3. Application for
membership or for observer status shall be submitted in writing
to the president and shall be considered at the next meeting of
the “Executive Council” which shall make a recommendation to the
APA Plenary for a decision. Such application shall be adopted by
majority vote of delegates present and voting in accordance with
Rule 34(3) of this Rules of Procedure.
RULE 3
APA Member
Parliaments may designate former parliamentarians as well as
representatives of Non-Governmental Organizations, scholars,
scientists and prominent figures as honorary members of their
own delegations.
II Sessions
RULE 4
The Plenary shall
be held annually (Article 9 of the Charter). The Plenary shall
meet for two consecutive years in the country which has the
presidency of the APA (Article 10 of the Charter).
Note:
In case a host Parliament is not prepared to convene the
meetings of the Executive Council and the Plenary for two
consecutive years, the presidency and the hosting of those
meetings may, with the concurrence of the majority of Member
Parliaments, be entrusted to another Member Parliament.
RULE 5
After consultation
with Member Parliaments, the President shall inform them about
the date of each Plenary at least three months before the
Plenary meets.
RULE 6
The venue and date
of the Plenary may change, in certain cases, upon proposal of
the Bureau in consultation with the host Parliament, and
concurrence of the majority of Member Parliaments to be
determined in accordance with Rule 10(2).
Rule 7
1. Executive
Council shall be composed of one APA delegate from each Member
parliament.
2. Executive
Council shall meet at least twice a year: once, immediately
before the meeting of the Plenary, and the other normally about
three months prior to the meeting of the Plenary.
3. The meetings of
the Executive Council referred to in Paragraphs 1 and 2 above
shall:
* Guide the work
of the Secretariat to facilitate the smooth and efficient
conducting of the meeting of the plenary,
* Consider the
reports and documents developed by the Secretariat and making
appropriate recommendation to the Plenary for a decision,
* Consider draft
resolutions and making appropriate recommendations to the
Plenary for a decision,
* Consider the
proposal for the establishment of a new Standing Committee or of
a Sub-Committee, commission or Subsidiary Organ,
* Consider the
application for new members or observers and making appropriate
recommendations to the Plenary for a decision,
* Consider the
Secretariat proposal for the provisional Draft Agenda of the
Plenary and recommending a Draft Agenda to the Plenary,
* Consider the APA
budget and its finances and making appropriate recommendation to
the Plenary for a decision.
* Recommend the
APA Secretary-General for approval by the Plenary.
4. The decision
making in the Executive Council shall be, to the extent
possible, by consensus. Otherwise, the Executive Council makes
decision by the majority vote of the Member Parliaments present
and voting. Special cases requiring two third majorities shall
be determined by the majority vote of Parliaments present and
voting.
5. Each Member
Parliament shall have one vote in the Executive Council.
6. Quorum for
convening the Plenary and for adopting a resolution outlined in
Rules 32 and 33 of this Rules of Procedure shall also apply to
the meetings of the Executive Council.
RULE 8
1. The convocation
of each Plenary shall be sent to all Member Parliaments,
Observers and other invitees, at least one month before the
commencement of the Plenary.
RULE 9
The member
parliament hosting the Plenary shall be responsible for
providing all necessary facilities for the Plenary. Other Member
Parliaments may offer to bear part of the expenses in organizing
a Plenary Session.
RULE 10
1. Any Member of
the APA may request the convening of an extra-ordinary Plenary.
The Member Parliament that hosted the previous Plenary shall
convene the extra-ordinary Plenary if the request is supported
by the majority of Member Parliaments (Article 9 of the
Charter). The extra-ordinary Plenary may be hosted by a
different Parliament if such request is agreed to by the
President of APA who hosted the previous Plenary and by the
majority of Member parliaments.
2. Support for
convening of the extra-ordinary Plenary and, where appropriate
for its venue, is determined on the basis of no-objection of the
majority of the Member Parliaments in response to a written
notice from the Secretariat to all Member Parliaments seeking
their views on the subject(s) by a certain date. Unless more
than half the numbers of Member Parliaments object, in writing
to the Secretariat, to the convening of the extra-ordinary
Plenary or to its venue, it will be regarded that the majority
of Member Parliaments have supported the convening of the
extra-ordinary Plenary.
III. Presidency
RULE 11
1. The President
of the Assembly shall be elected from amongst the
Presidents/Speakers of the Member Parliaments for two years, by
acclamation or by the majority vote of the delegates present and
voting, at the beginning of the first meeting of the Plenary.
2. The outgoing
President or, in his/her absence, the head of the delegation of
the outgoing President, shall open the inaugural Session,
pending the election of the new President.
3. The Plenary
shall also elect four Vice-Presidents (Article 10 of the
Charter) from among the heads of delegations as well as a
Rapporteur from among delegates, bearing in mind
equitable geographical distribution.
RULE 12
The President of
the Assembly shall preside over the extra-ordinary Plenary
Session(s) during his/her term of office.
RULE 13
1. The Bureau of
the Assembly shall be composed of the President of the Assembly,
the four Vice-Presidents and a Rapporteur, who shall be elected
for a two-year term on the basis of equitable geographical
distribution.
2. The Bureau of
the Assembly, which shall be assisted by the Secretary-General,
shall take all appropriate measures to ensure the effective
organization and normal functioning of the plenary proceedings,
in accordance with the Charter and the Rules of Procedure.
RULE 14
1. The President
shall open, suspend and close the sittings, direct the work of
the Plenary, ensure respect for the Rules, call upon speakers,
put questions to vote, announce the results of the voting and
declare the Plenary closed. The President's decisions in these
matters shall be final.
2. The President
shall decide on APA matters not covered by these Rules, after
having the advice of the Bureau.
IV. Standing
Committees, Sub-Committees, Commissions and Subsidiary Bodies
RULE 15
1. In addition to
the five Standing Committees; Political, Peace and Security,
Social and Cultural, Economic and Sustainable Development, and
Energy, the Plenary may set up other Standing Committees,
Sub-Committees, Commissions and Subsidiary Bodies as it deems
necessary to deal with any subject of interests and to examine
the issues on its agenda. These bodies shall submit their
reports and recommendations to the Plenary for its consideration
and decision.
2. Upon suggestion
of the Bureau or at least 10 Member Parliaments, establishment
of other Standing Committees or of Sub-Committees, Commissions
or Subsidiary Organs shall be put on the agenda of the Executive
Council. The recommendation of the Executive Council on this
issue is approved by the majority vote of the delegates present
and voting in the Plenary.
3. The inter-sessional
meetings of the Sub-Committees, Commissions and Subsidiary
Organs shall be convened by the Member Parliament hosting the
previous Plenary, unless following mutual agreement of the
President and the Permanent Secretariat, they may be hosted by
another Member Parliament.
4. Number of
membership of each Sub-Committee, Commission and Subsidiary
body, taking into account the equitable geographical
distribution, and the duration and number of their inter-sessional
meetings shall be approved by the Plenary.
V. Agenda-
Resolutions- Debates
RULE 16
1. On the
recommendation of the Secretary-General, the Executive Council
shall draw up a Draft Agenda, which includes a general debate,
to be circulated to Member Parliaments and Observers for
approval of the Plenary.
2.
The Draft Agenda shall be circulated to all Member Parliaments
by the Secretariat at least two months before the opening
of the Plenary.
3. The Plenary may
alter or approve the proposed Draft Agenda at the beginning of
its first meeting.
4. The
extra-ordinary Plenary can only consider the item(s) for which
it is convened.
RULE 17
1. Member
Parliaments may submit to the Secretariat, proposals to include
supplementary item(s) in the provisional agenda of the Plenary,
not later than two months before the Plenary convenes. An
explanatory note and a draft resolution should be attached to
such proposals.
2. A request for
inclusion of a supplementary item received by the Secretariat at
least 30 days before the opening of the Plenary or a request for
inclusion of an emergency supplementary item relating to an
event of particular importance occurring during the 30 days
preceding the opening of the Plenary in order to be taken into
consideration, must receive the approval of two-third
majority of Member Parliaments present and voting in the
Executive Council which convenes immediately before the Plenary.
RULE 18
Before taking a
decision on a request for the inclusion of a supplementary or an
emergency item referred to in Rule 17 above, the Executive
Council and the Plenary shall hear a brief explanatory statement
from the sponsor and a statement from one speaker holding a
contrary opinion, neither may enter into the substance of the
matter.
RULE 19
1. Any delegate
may submit a motion or a draft resolution on any subject
included in the agenda.
2. Draft
resolution(s) relating to the items in the agenda shall,
as a general rule, be deposited with the Secretariat at
least 24 hours before the opening of the last plenary sitting
allocated for the discussion of that item.
RULE 20
1. The procedure
for submission of draft resolution on supplementary or emergency
items shall be determined by the Plenary upon the
recommendations of the Bureau.
2. The
supplementary or emergency items may be referred by the Plenary
to an ad-hoc Committee, which shall debate it and prepare a
report and/or a draft resolution for consideration by the
Plenary.
RULE 21
1. The Plenary
shall start by holding a general debate during which delegates
may address the political, security, economic, social and
cultural issues based on the Principles and Objectives of the
establishment of the APA in its Charter (Articles 2 and 3
of the Charter).
2. The Plenary
shall promote friendly and constructive dialogue. To this end,
bilateral contentious issues shall be excluded.
VI. Amendments
RULE 22
1. Any delegate
may submit amendment(s) to a motion, or a draft resolution,
as well as to sub-amendments.
2. Amendments
shall be submitted in writing. Amendments and sub-amendments may
be submitted until the Plenary adopts the texts to which they
relate.
RULE 23
1. Amendments and
sub-amendments shall relate to the text. They may call for an
addition, a deletion or an alteration with regard to the initial
draft, without changing its scope or nature. The President of
the Plenary shall determine whether or not amendments and
sub-amendments, which are to be voted on in the plenary sitting,
are in order.
2. Amendments and
sub-amendments shall be voted before the text to which they
relate.
RULE 24
1. If two or more
amendments apply to the same words in a draft resolution, that
which is furthest from the text under consideration shall have
priority over the others and shall be put to the vote first. The
president’s decision regarding the priority of the amendments
shall be final.
2. If two or more
amendments are mutually exclusive, the adoption of the first
shall involve the rejection of the other amendment or amendments
bearing on the same words.
RULE 25
The only speakers
on an amendment or sub-amendment shall be the sponsor and one
delegate holding a contrary opinion, unless the President
decides that two would speak in favor and two against the
amendment or sub-amendment.
VII.
Speaking-Order-Procedural Motions
RULE 26
1. No delegate may
speak without permission of the President.
2. Delegates shall,
as a general rule, speak in the order in which they
have asked for the floor.
3. Speakers may
only be interrupted by other Delegates on a point of order. They
may, with the President's permission yield the floor to other
Delegate(s) raising a point of order to seek clarification.
4. The President
shall rule immediately, without debate, on all points of order.
RULE 27
1. No more than
two representatives of each delegation may speak in the General
Debate. Unless the Bureau decides otherwise, every delegation
shall be entitled to 10 minutes speaking time in the General
Debate. When two speakers from the same delegation are
registered for this debate, they shall share the speaking time
in the most appropriate way.
2. With a view to
ensuring the smooth running of the debates, the Bureau may alter
the above speaking time to suit the circumstances.
3. Notwithstanding
the provision of paragraph 1 above, the President may, at the
end of the corresponding sitting, give the floor, for three
minutes, to a delegate wishing to exercise his/her right of
reply.
RULE 28
The President
shall call a speaker to order when the latter does not keep to
the subject under discussion or prejudice the debate by using
abusive language or raising divisive issues. The President may,
if necessary, withdraw permission to speak and may have the
objectionable words omitted from the record.
RULE 29
1. The President
shall deal immediately with any incident, which may arise during
the meeting and, if necessary, taking necessary measure required
to restore the smooth working of the Plenary.
RULE 30
1. Priority to
speak shall be given to delegates wishing to propose:
a) Adjournment of
the debate sine die;
b) Adjournment of
the debate;
c) Closure of the
list of speakers;
d) Closure or
adjournment of the meeting;
e) Any other
motion concerning the conduct of the meeting.
2. These
procedural motions shall have priority over the substantive
questions; debate on the latter shall be suspended while the
formers are being considered.
3. The mover shall
make a brief presentation of the motion without entering into
the substance of the question under debate.
4. In the debate
of procedural motions, only the mover of the proposal and one
delegate holding a contrary opinion shall be heard after which
the Plenary shall decide.
RULE 31
Debates of the
Plenary shall be public. They shall be held in private
only if the Plenary so decides by a two-thirds majority of
delegates present and voting.
VIII.
Quorum-majorities-voting
RULE 32
1. The Plenary
shall only convene if at least half of its Member Parliaments
are represented.
2. The quorum
shall be established on the basis of number of
delegations represented at the first plenary meeting.
This quorum shall be announced by the Secretariat at that time.
RULE 33
1. All resolutions
and decisions of the Plenary shall be adopted, to the extent
possible, by consensus. Otherwise, they shall be adopted by
majority vote of delegates present and voting (Article 11
of the Charter), except where a higher majority is expressly
required.
2. Further to
cases provided in this Rule, the Plenary may decide, by majority
vote of delegates present and voting, that on a specific subject
a higher majority is required (Article 11 of the Charter).
RULE 34
1. Each delegation
has voting rights corresponding to the number of
its delegates to the plenary; one vote for each of
its delegates (Article 8 of the Charter).
2. Only delegates
present in person shall have the right to vote.
3. The
President/Speaker of a Member Parliament leading the delegation
to a Plenary shall be entitled to one vote in addition to the
votes which that Member Parliament already enjoys under
Paragraph 1 above.
RULE 35
A table giving the
number of votes to which each Member of the Plenary is entitled
shall be distributed at the opening of the Plenary.
RULE 36
1. The Plenary
shall normally vote by show of hands or standing. However, if
the President deems it necessary or a delegate so requests a
vote by roll call, electronic devise or secret ballot maybe
taken.
2. In counting the
number of votes by “delegates present and voting”, only the
affirmative and negative votes shall be counted as voting.
3. If the votes
are equally divided, the proposal under consideration shall be
considered as rejected.
RULE 37
1. Where consensus
is not reached, the Plenary shall vote on the texts of the
decisions or resolutions submitted by the Standing Committees,
without holding a debate on their substance.
2. No debate may
be opened nor vote taken on a question which the Plenary has
considered and on which it has taken a decision. In exceptional
cases, the Plenary may decide, by a two-third majority of the
delegates present and voting, to re-open the debate and
reconsider a decision already taken.
RULE 38
1. Any delegate
may request that part, or each paragraph, of a text submitted to
the Plenary is put to the vote separately.
2. If any
objection is raised, the request for division shall be voted
upon without debate.
RULE 39
1. Nobody may
interrupt a voting process once it has commenced, except to
obtain clarification as to the manner in which the voting is
being conducted.
2. Delegates who
wish to explain their vote briefly may be authorized to do so by
the President, after voting has taken place.
3. No explanation
of vote shall be admissible on amendments and procedural
motions.
IX. Permanent
and Provisional Secretariats
RULE 40
The Headquarters
of the APA Permanent Secretariat shall be at Tehran. The Plenary
shall decide on the relevant budgetary and personnel issues for
the Permanent Secretariat by the year 2011.
RULE 41
The President of
the APA shall organize a Provisional Secretariat in the host
country to convene the Executive Council and the Plenary.
RULE 42
1. The Permanent
Secretariat, headed by a Secretary-General shall assist the
President and the Provisional Secretariat in directing the work
of the Executive Council and the Plenary.
2. The
Secretary-General or his representative may at any time, at the
request of the President, submit to the plenary advice on any
question which the meeting has under consideration.
RULE 43
1. The Permanent
Secretariat shall receive all documents, reports and draft
resolutions and distribute them, together with the summary
records of the sittings in the working language of the APA and
in Arabic.
2. The Permanent
Secretariat of the Plenary shall ensure the adequacy of the
technical facilities for simultaneous English and Arabic
translation and for delegates wishing to speak in their own
language and provide their own simultaneous English
interpreters.
3. The Provisional
Secretariat shall ensure, in coordination with the Permanent
Secretariat, that adequate facilities for the convenience of the
Delegates and smooth fulfillment of their obligations are
available in the Host Country.
RULE 44
1. The Permanent
Secretariat of the APA shall preserve the documents of the
Executive Council and the Plenary in its archives. The Permanent
Secretariat shall follow up on the implementation of the
decisions of the plenary and, in general, carry out all the
tasks, which the Plenary may think fit to entrust to it.
(Article 13 of the Charter).
2. The Permanent
Secretariat shall publish documents of the Plenary and
distribute them among Member Parliaments and Observers.
RULE 45
Upon
recommendation of the Executive Council and approval of the
Plenary, the Secretary-General shall be elected for a four-year
term from among prominent figures in various sub-regions of
Asia.
X. Closing of
the Plenary
RULE 46
1. At the close of
each Plenary, the President shall enumerate the principal
resolutions and decisions adopted.
2. Delegations
shall inform their respective parliaments and governments of the
resolutions, decisions and recommendations adopted by the
Plenary with a view to obtaining the most active possible
support for the implementation of these resolutions and
decisions.
XI. Adoption
and Amendment of the Rules
RULE 47
1. The Plenary
shall adopt its Rules of Procedure by a majority vote of the
delegates present and voting in accordance with Rule 33 of this
Rules of Procedure.
2. Proposals for
amending the Rules of Procedure of the APA Plenary shall be
formulated in writing with an explanatory note and sent to the
Secretariat of the APA at least three months before the plenary
meets. The Secretariat shall communicate such proposals
immediately to all Member Parliaments. It shall also, if
necessary, communicate to Member Parliaments any proposals for
sub-amendments at least one month before the meeting of the
Plenary.
3. Consideration
of any request to amend the Rules of Procedure shall be included
automatically in the agenda of the Executive Council and the
Plenary.
4. Proposed
amendments to the Rules of Procedure are adopted by the
two-third majority vote of Member Parliaments present and voting
in the Executive Council. The recommendation of the Executive
Council to the Plenary on the proposed amendments to the Rules
of Procedure is adopted by majority vote of delegates present
and voting in the Plenary.
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