Sunday, April 29, 2007

The U.S. National Commission for UNESCO

The United Nations Educational, Scientific, and Cultural Organization is unique among the United Nations Organizations in that its charter specifically calls for the creation of a National Commission in each member state. The U.S. National Commission was originally created in 1946, and among its 100 members were such distinguished individuals as
  • Archibald MacLeish, Pulitzer Prise winning poet and playwright and former Librarian of Congress,
  • William Benton, an Assistant Secretary of State, who had previously founded the famous advertising agency Benton and Bowles, and who later served as U.S. Senator and left us the Benton Foundation.
  • Milton Eisenhower, the brother of President Eisenhower, himself the first chair of the National Commission, president of Kansas State College, and later president of Johns Hopkins University.
The original membership included the presidents of eleven colleges and universities, senior officials of the National Education Association, the American Federation of Labor and the Congress of Industrial Organizations, industrial organizations, and many others. As Benton said at the first UNESCO General Conference, that original National Commission was:
a body unique in American history. It unites in one assembly, spokesmen of the arts, sciences and learned professions; of the education system at all levels; of radio, motion pictures and the press; of the education interests of labor, agriculture and of religious bodies; and of many other American groups that are now working for the establishment of peace.
We are fortunate enough to have a fine reference to the early years of the National Commission in Howard E. Wilson's book, United States National Commission for UNESCO. While long out of print, one can occasionally find a copy on the used book market. Wilson was the Deputy Executive Secretary of the Preparatory Commission for UNESCO, a member of the National Commission, and a member of the U.S. delegation to the UNESCO General Conference in Mexico City.

The book makes it plane that the National Commission was deliberately designed so that the majority of the member were to be chosen by civil society organizations, not the Department of State. Moreover, the National Commission would itself determine those civil society organizations privileged to name members, once it had been established. While the Department was required by law to consult with the National Commission, the National Commission also had a direct and very close relationship with UNESCO. American members of UNESCO's Executive Board (who at the time served in their personal capacity, elected by the General Conference rather than as government officials) kept the members of the National Commission informed as to the work of the organization and of upcoming matters before the Board.

That original National Commission was very active. It had a committee working on developing public opinion concerning UNESCO. It had been asked to review textbooks for content. Meetings were held not once per year, the minimum required by law, but several times per year. Secretary of State George Marshall spoke at its first meeting. Its first national conference, held in Philadelphia in 1947, was attended by representatives of more than 500 organizations.

Today's National Commission, created anew with the return of the United States to membership in UNESCO, is a pale reflection of that early body. (Read the most recent annual report on the National Commission.) According to the Charter for the National Commission for UNESCO, published by the Department of State:
The purpose of the U.S. National Commission for UNESCO shall be to serve the Department of State in an advisory capacity with respect to the consideration of issues related to education, science, communications culture, and the formulation and implementation of U.S. policy towards UNESCO.
The authorizing legislation for the National Council for UNESCO (as it is termed in the law, Annex I) is much broader, stating:
In fulfillment of article VII of the constitution of the Organization, the Secretary of State shall cause to be organized a National Commission on Educational, Scientific, and Cultural Corporation (FOOTNOTE 1) of not to exceed one hundred members. (Emphasis added.)
The UNESCO article in question (Annex II) states:
National Commissions or national co-operating bodies, where they exist, shall act in an advisory capacity to their respective delegations to the General Conference and to their Governments in matters relating to the Organization and shall function as agencies of liaison in all matters of interest to it. (Emphasis added.)
Thus, by law and past custom, the National Commission is intended to have not only an advisory function, but also to provide liaison with UNESCO, to link educational, scientific and cultural organizations in the United States with UNESCO, and to build public support for UNESCO.

The restricted scope appears to have been in part a result of a misreading of the Federal Advisory Committee Act (FACA). That act serves an important function, assuring that advice to the government is both objective and open to the public. FACA not only formalized a process for establishing, operating, overseeing, and terminating government advisory bodies, but also created the Committee Management Secretariat (MCC), to monitor and report executive branch compliance with the Act. FACA requires that advisory committees be rechartered periodically, and allows for the President to grant waivers from standard provisions of the Act for specific advisory committees when appropriate.

It certainly appears appropriate in the case of the U.S. National Commission for UNESCO, which has functions defined by previous legislation, and by the constitution of UNESCO which the United States accepted on rejoining the organization. If an appropriate waiver the next time its charter is renewed, the U.S. National Commission for UNESCO could serve this nation as its counterparts in the United Kingdom and Canada serve theirs.

Let us hope in the future the National Commission will once again merit the description once provided by Milton Eisenhower as:
a legal body made up of private citizens. It advises government officials and conference delegates who are governmentally appointed and governmentally responsible, but it retains the right to speak its mind publicly on all issues before it. It marshals the educational, scientific and cultural forces of this country for service in both governmental and private channels, and often does not bother to define which is which.


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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND
CULTURAL ORGANIZATION

-HEAD-
Sec. 287o. National Commission on Educational, Scientific, and Cultural Cooperation; membership; meetings; expenses

-STATUTE-
In fulfillment of article VII of the constitution of the Organization, the Secretary of State shall cause to be organized a National Commission on Educational, Scientific, and Cultural Corporation (FOOTNOTE 1) of not to exceed one hundred members. Such Commission shall be appointed by the Secretary of State and shall consist of (a) not more than sixty representatives of principal national, voluntary organizations interested in educational, scientific, and cultural matters; and (b) not more than forty outstanding persons selected by the Secretary of State, including not more than ten persons holding office under or employed by the Government of the United States, not more than fifteen representatives of the educational, scientific, and cultural interests of State and local governments, and not more than fifteen persons chosen at large. The Secretary of State is authorized to name in the first instance fifty of the principal national voluntary organizations, each of which shall be invited to designate one representative for appointment to the National Commission. Thereafter, the National Commission shall periodically review and, if deemed advisable, revise the list of such organizations designating representatives in order to achieve a desirable rotation among organizations represented. To constitute the initial Commission, one-third of the members shall be appointed to serve for a term of one year, one-third for a term of two years, and one-third or the remainder thereof for a term of three years; from thence on following, all members shall be appointed for a term of three years each, but no member shall serve more than two consecutive terms. The National Commission shall meet at least once annually. The National Commission shall designate from among its members an executive committee, and may designate such other committees as may prove necessary, to consult with the Department of State and to perform such other functions as the National Commission shall delegate to them. No member of the National Commission shall be allowed any salary or other compensation for services: Provided, however, That he may be paid transportation and other expenses as authorized by section 5703 of title 5. The Department of State is authorized to provide the necessary secretariat for the Commission.
(FOOTNOTE 1) So in original. Probably should be
''Cooperation''.

-SOURCE-
(July 30, 1946, ch. 700, Sec. 3, 60 Stat. 713; Pub. L. 87-139, Sec.
9, Aug. 14, 1961, 75 Stat. 341.)

Annex II
Relevant Section of
The Charter of UNESCO

ARTICLE VII.


NATIONAL CO-OPERATING BODIES



1. Each Member State shall make such arrangements as suit its particular conditions for the purpose of associating its principal bodies interested in educational, scientific and cultural matters with the work of the Organisation, preferably by the formation of a National Commission broadly representative of the Government and such bodies.

2. National Commissions or national co-operating bodies, where they exist, shall act in an advisory capacity to their respective delegations to the General Conference and to their Governments in matters relating to the Organisation and shall function as agencies
of liaison in all matters of interest to it.

3. The Organisation may, on the request of a Member State delegate, either temporarily or permanently, a member of its Secretariat to serve on the National Commission of that State, in order to assist in the development of its work.