Chapter 4. Secretariat

Rule 12. Secretariat

An Expert and Secretaries shall represent the Secretariat in the HRC. Other Members of the Secretariat may also be present at the Council meetings and speak on the matters that are within their competence provided the Chairperson yields the floor to them. The Chairperson shall also exercise the general management of the activities by Secretariat Members in the Council.

Rule 13. Expert

1.The Expert shall prepare a report on the agenda and participate in the HRC meetings.

1. 1. The Expert’s evaluation of all Working Papers and Amendments to the Draft Resolution shall be conducted to test the documents’ conformity with the general Working Paper execution provisions and their compliance with the international law and previous UN Resolutions.

2. 2. The Expert’s rulings are not subject to appeal.

3. 3. The Chairperson may at any time ask the Expert to clarify a substantial or legal point regarding the matter under discussion of the HRC.

4. 4. During the debate and the discussion of Working Papers and Amendments to the Draft Resolution any Delegate may introduce a Question to the Expert in order to clarify a substantial point regarding the matter under discussion. Such Question shall be submitted to the Chairperson in written form. After that the Chairperson may decide to give the floor to the Expert to answer the Question otherwise the Expert shall give the answer in written form.

Rule 14. Secretaries

The Secretaries shall perform their duties under the direct supervision of the Chairperson. They shall receive, print and circulate documents, reports and resolutions, conduct the counting of votes and at the request of the Chairperson perform all the work that may be required for the good functioning of the Council.

Chapter 5. Conduct of Business

Rule 15. Roll Call

1. 1. A Roll Call shall be conducted in the English alphabetical order prior to the beginning of the session in order to establish the quorum.

2. 2. When called upon by the Chairperson the Delegate shall raise the placard with the name of his or her country and say “Present” or “Present and voting”.

Rule 16. Presence

1. 1. The Chairperson can declare the meeting open and permit the debate provided at least half of the registered delegations of the Council are present.

2. 2. Any matter can be put to vote or decided upon provided a simple majority of the registered Delegates of the Council is present.

Rule 17. Debate and Caucus

1. 1. The session of the Council shall be conducted in three forms:

   0. a. formal debate

   1. b. moderated Caucus

   2. c. unmoderated caucus.

2. 2. During the whole session Delegates cannot leave the room without the Chairperson’s permission.

Rule 18. Formal Debate

1. 1. Formal Debate applies when the Delegate presents their position statements, discuss Working Papers, Amendments and proposals for the Final Document, unless otherwise resolved by the Council.

2. 2. Prior to the Formal Debate the Chairperson shall declare the opening of the debate and open the List of Speakers. Delegates wishing to speak raise their placards with the names of the countries they represent. The Chairperson makes the List of Speakers. A Delegation has the right to ask to speak at the end of the Speakers List.

3. 3. During the Formal Debate:

   0. a. the Chairperson shall grant the right to speak in accordance with the List of Speakers;

   1. b. the Chairperson shall keep the Speakers List and maintain the order of speeches;

   2. c. the Delegates shall be present in the room;

0. d. the Representatives shall have a right to introduce procedural Motions and ask questions as provided for in Chapter 7 of the present Rules.

1. e. time limits shall be set for speaking and debating.

Rule 19. Moderated Caucus

1. 1. Moderated Caucus shall be used for informal debate.

2. 2. During Moderated Caucus;

   0. a. no List of Speakers shall be kept;

   1. b. the Delegations shall speak and debate out of the format of Formal Debate;

   2. c. the right to speak shall be granted by the Chairperson to the Representatives at their request.

3. 3. A Delegate may at any time, when the floor is open but not during speeches or voting, introduce a Motion for Moderated Caucus. The Delegate shall rise when called by the Chairperson to explain the purpose of the Motion and propose the time for the Caucus.

4. 4. The Motion for Moderated Caucus requires support of another Delegate, is non-debatable and shall immediately be put to vote. A majority of Delegates is required for the Motion for Moderated Caucus to pass.

Rule 20. Unmoderated Caucus

1. 1. Unmoderated Caucus is used for negotiations and consultations without observing the present Rules.

2. 2. A Delegate or the Chairperson may at any time, when the floor is open but not during speeches or voting, introduce a Motion for Unmoderated Caucus. The Delegate shall rise when called by the Chairperson to explain the purpose of the Motion and propose the time for the Caucus (the time for the Caucus shall not exceed 20 minutes).

3. 3. The Motion for Unmoderated Caucus requires the support of another Delegate, is non-debatable and shall immediately be put to vote. A simple majority of Delegates present is required for the Motion to pass.

Rule 21. Time limit and Conduct of Speeches

1. 1. Time limits and conduct of speeches shall establish:

   0. a. the order of debates on the question on the agenda, unless otherwise provided for in the present Rules;

   1. b. the total time for discussing a substantial matter;

0. c. the number of speeches and the time limits for speeches and questions to the Speaker;

1. d. the necessity to conduct debate on the issue under consideration.

1. 2. The time limit and the conduct of speeches shall be set at the beginning of the session and shall be subject to change during the Formal Debate by a simple majority of Representatives present and voting.

Rule 22. Speeches

1. 1. A Delegate wishing to speak shall ask the Chairperson to grant him or her the floor by raising the placard.

2. 2. When speaking on different procedural and substantial matters the Representatives shall observe the time limit and the present Rules.

3. 3. If any time remains, the Speaker has the right to declare him- or herself either open or closed for questions. The Representative may refuse to answer a question or yield the right to answer the question to another Delegate.

Rule 23. Conduct of Debate

1. 1. Debate on the issue in question shall be conducted provided no consensus has been reached on substantial matters (i.e. adopting the Draft Resolution, incorporating Amendments, and voting on the final Resolution of the HRC).

2. 2. A Representative wishing to speak shall ask the Chairperson to grant him or her the floor by raising the placard. The Chairperson shall establish and keep the Speakers List.