» Rules of Procedure of the Inter-American Juridical Committee

CHAPTER IX

QUORUM AND VOTING

Article 32: The sessions may be held with the following quorum:

a) The preparatory sessions, with at least four members;

b) The opening, plenary and closing sessions, with at least six members;

c) Formal sessions, and those of the subcommittees and working groups, with those present.

Article 33: Each member is entitled to one vote only.

Therefore, the Chairman or the Vice Chairman, as the case may be, may not break a tie in case of a tie in a voting.

Article 34: A vote may be cast only in favor, against or in abstention.[5]

Article 35: The recommendations, resolutions and opinions of the Committee on non-procedural matters shall require the affirmative vote by roll call of at least six of its members.

 The same majority shall be required in the case of difference of opinion as to whether a question is one of substance or of procedure.

 Procedural matters are decided by the majority of the members present.

Article 36: The majorities established in the preceding article shall not invalidate anything to the contrary expressly established in the Statutes or these Rules of Procedure.

Article 37: If he announces his intention at the time the vote is taken, a member of the Committee shall have the right to have a written explanation of his concurring or dissenting vote included in the record following the decision approved. The text of the explanation shall be delivered to the Committee within a period not exceeding ten days, or in the period specified by the Committee.

 In the cases given in articles 13, 14, 15, 16, 17, 21, 30 and 38 of these Rules of Procedure, as also in procedural questions or matters, such written explanation of vote will appear in the minutes.

Article 38: If a matter not included in the order of business of a session is presented for consideration, there shall be a decision as to whether or not it will be discussed immediately.

 An affirmative decision requires the affirmative vote of at least six members.

Article 39: Draft resolutions, proposals and the amendments shall be presented in writing to the Chairman, who shall have copies distributed to all the members. In the course of a session, however, it may be decided as a procedural matter to discuss such drafts without copies having been distributed.

Article 40: During the discussions, any member of the Committee may raise a point of order, which shall be decided immediately by the Chairman. Every decision in this regard can be opposed, that issue to be immediately submitted to a vote, which is to be decided by the affirmative vote of a majority of six members.

Article 41: Any member of the Committee may request during any session as a point of order the adjourning or the closing of the discussion of a matter.

 Any member may also request as a point of order that the session be adjourned or closed. Such a request may be explained briefly.

 In the cases in which it is decided to adjourn the discussion or to close the session, the date on which it is to be renewed shall also be decided.

Article 42: The motions on points of order mentioned in the preceding article shall be submitted immediately to a vote.

Article 43: The motions on the closing of a session, the adjournment of a session, the closing of the discussion or the adjournment of the discussion shall have preference, in the order in which they are mentioned above, over all other motions.

Article 44: After the discussion is closed, there will immediately be a vote on the proposals presented, with the amendments that have been proposed. No member may interrupt a vote, except for a point of order relating to the manner in which the vote is taking place.

 The voting shall be finished when the Chairman has announced the result.

Article 45: The proposals shall be submitted to a vote in the order in which they were presented, unless the Committee decides to the contrary.

 Motions whose purpose is for the Committee not to pass upon the substance of such proposals shall, however, be considered as preliminary matters and shall be submitted to a vote before such proposals.

Article 46: Amendments shall be submitted to discussion and to a vote before there is a vote on the proposal they would modify.

Article 47: When several amendments to a proposal are presented, the amendment that would modify the substance of the original proposal the most shall be voted on first, and immediately afterwards, the amendment that, after the one previously voted on, would modify the proposal the most, and successively until all the amendments have been voted on. If there is doubt in this regard, the amendments shall be considered in the order in which they were presented.

 When the approval of an amendment necessarily implies the exclusion of another one, the latter shall not be submitted to a vote. If one or more amendments have been approved, the proposal in the form in which it has been specified shall be put to vote.

Article 48: A motion shall be considered as an amendment to a proposal when it has an addition, a deletion, or a modification of such proposal.

Article 49: When it is decided to include a topic on the agenda, the Committee shall appoint, by absolute majority vote of all members present at the time of voting, a rapporteur, who shall have the following functions:[6]

 a) To prepare a preliminary report containing an analysis of the topic, its doctrinal approach; the report can contain also the personal opinion of the rapporteur on the topic;

 b) Once the report has been presented and discussed by the Committee, the rapporteur shall gather the points of view of the other members and prepare a new text that reflects the point of view prevailing among the members of the Committee;

 c) Each time a draft convention is approved, the rapporteur on the topic shall write a commentary article by article, and give a detailed review of discussions thereon by the Committee. Said report shall be discussed at the subsequent regular meeting, at the latest.

 d) Any member of the Committee who, on his own initiative, requests the inclusion of a new topic in the agenda must submit a written report stating the reasons for such request.[7]

Article 50: Approval of requests for reconsideration shall require a majority vote of the members present. Approval of reconsiderations shall require the affirmative vote of at least six members.[8]

Article 51: A request for reconsideration of a substantive question must be made and voted on before the close of the session immediately following the one in which that question was approved. A request for reconsideration of a procedural question must be made at the same session immediately following the approval of the question.[9]

Article 52: The reconsideration of a substantive question shall begin to be dealt with by not later than the session following the one in which the corresponding request was approved, and reconsideration of a procedural question, immediately after the approval of the request.[10]

Article 53: The minutes of each session shall be distributed as soon as possible, in draft form, to the members of the Committee who may, within three working days following their receiving the minutes, propose corrections to the Secretariat.

 The differences of form or of substance raised by such corrections shall be resolved by the Chairman.

 Nevertheless, when any member requests it, questions relating to a correction of substance shall be submitted to the decision of the Committee which all decide it by a majority.

 The minutes, once the relevant corrections have been included, shall be distributed without delay to the members of the Committee.

 At the start of each session, the Committee chairman shall put the respective minutes drafted by the Secretariat to a vote. Members shall then have the opportunity to propose any pertinent amendments.[11]

Article 54: Decisions on the following matters shall not be reconsidered:

 a) Election of the Chairman;

 b) Election of the Vice Chairman,

 c) Appointment of observers.[12]

Article 55: Proposals and amendments may be presented in writing with alternative solutions in parenthesis.

 These alternative solutions must be submitted for discussion and voted on before the text without parenthesis is submitted.

 When various alternative solutions are presented to the same proposal or amendment, the procedure indicated in article 47 of these Rules shall be followed.

 However, when a rapporteur presents an alternative proposal or amendment, it shall be put to a vote before other proposals or amendments.

 The Committee may decide that a given proposal or amendment be considered or voted on without the application of articles 45, 46 and 47 if it so decided by the affirmative vote of at least six of its members.[13]

 [5]. Amendment approved at the January-February 1976 regular meeting.

 [6]. Amendment approved by resolution CJI/RES.06 (I-0/87), dated February 4, 1987.

 [7]. Amendment approved by resolution CJI/RES.II-5/91, dated July 29, 1991.

 [8]. Amendment approved at the January-February 1976 Regular Meeting.

 [9]. Ibid.

 [10]. Ibid.

 [11]. Amendment approved by resolution CJI/RES.06 (I-0/87), dated February 4, 1987.

 [12]. Amendment approved at the January-February 1976 Regular Meeting.

 [13]. Ibid.