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CONSTITUTIONAL AND LEGAL MATTERS

Report of the Thirty—eighth Session of the Committee on Constitutional and Legal Matters (Rome, 8—10 October 1979) 1

Amendments to Rule XXXII of the General Rules of the Organization

87. The Council recalled that by Resolution 8/77 2, the Conference, at its Nineteenth Session (November—December 1977)-had recommended that t.he Director—General:

"a. review present FAO prograimnes to assess their impact on the nutritional status of the rural and urban poor;

b. suggest methods, not excluding the possibility of organizational arrangements, for ensuring that nutritional considerations are, as appropriate, adequately included in FAO’s planning and execution of agricul-ural programmes and projects".

In the same resolution, the Conference had invited the Director—General to report on this matter to the autumn session of the Council in 1978.

88. The above matter had subsequently been considered by the Second Session of the Ad Hoc Committee on Food and Nutrition Policies (March 1978), the Thirty—fifth Session of the Programme Committee (October 1978) and the Seventy—fourth Session of the Council (November/December 1978). At that session the Council, noting that an item on nutrition in agricultural and rural development was on the agenda of the sossion of the Committee on Agriculture (COAG) scheduled for April 1979, had decided to "postpone its decision as to what the arrangements for inter—governmental review of nutrition should be until its Seventy—fifth Session" 3

89. The Council further recalled that COAG, at its Fifth Session (April 1979), had recommended specific amendments to paragraph 6 of Rule XXXII (GRO), and that these amendments had been endorsed by the Programme Committee at its Thirty—sixth Session (April—May 1979). The Council, at its Seventy—fifth Session (June 1979), agreeing that food and nutrition should be a standing item on the agenda of COAG, had concluded, that the terms of reference of COAG laid down in Rule XXXII (CR0) should be amended so as to make explicit reference to nutrition among the areas covered by that Committee, and had referred the proposed amendments to Rule XXXII (CR0), set forth in paragraph 114. (vi) of COAG’s report, to the Committee on Constitutional and Legal Matters (CCLM) 4.

90. The Council noted that, following examination of this matter, the CCLM had concluded that the amendments proposed by COAG adequately reflected the objectives of the Council. In the light of the above, the Council recommended the following draft resolution for adoption by the Conference:

DRAFT RESOLUTION FOR THE CONFERENCE

AMENDMENTS TO RULE XXXII OF THE GENERAL RULES OF THE ORGANIZATION

TO MAJ<E EXPLICIT REFERENCE TO NUTRITION IN THE TERMS OF REFERENCE OF THE

COMMITTEE ON AGRICULTURE

THE CONFERENCE,

Recalling that at its Nineteenth Session in November 1977 it had adopted Resolution 8/77

recommending that the Director—General:

"a. review present FAO programmes to assess their impact on the nutritional status of the rural and urban poor;

b. suggest methods, not excluding the possibility of organizational arrangements, for ensuring that nutritional considerations are, as appropriate, adequately included in FAO’s planning and execution of agricultural programmes and projects",

Noting that the Council examined the above at its Seventy—fourth Session (November—December 1978) and Seventy—fifth Session (June 1979), and that at its Seventy—fifth Session it had, inter alia, recommended that paragraph 6 of Rule XXXII of the General Rules of the Organization be amended so as to make explicit reference to nutrition among the areas to be covered by the Committee on Agriculture,

Concurring with the amendments to Rule XXXII of the General Rules of the Organization proposed by the Council at its Seventy—sixth Session (November 1979),

Decides to amend paragraph 6 of Rule XXXII of the General Rules of the Organization as follows: 5

"6. The Committee shall:

  1. conduct periodic reviews and appraisals, on a highly selective basis, of agricultural and nutrition problems, with a view to concerted action by Member Nations and the Organization;
  2. advise the Council on the overall medium— and longer—term programme of work of the Organization relating to /in the field of food and/ agriculture, food and nutrition, with emphasis on the integration of all social, technical, economic, institutional and structural aspects related to agricultural and rural development in general;
  3. (no change)
  4. review specific matters relating to agriculture, food and nutrition referred to the Committee by the Conference, the Council or the Director—General, or placed by the Committee on its agenda at the request of a Member Nation in accordance with the Rules of Procedure of the Committee, and make recommend-dations as may be appropriate;
  5. (no change)".

Amendments to the Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia, the Far East and the South—West Pacific

91. The Council noted that at its Fourth Session (Manila, September 1979), the Regional Animal Production and Health Commission for Asia, the.Far East and the South—West Pacific had adopted certain amendments to the Agreement under which it had been established. Since, in accordance with Article XVII.3 of the Agreement, these amendments required approval by the Council, the Director—General had referred them to the Committee on Constitutional and Legal Matters (CCLM) which had examined them at its Thirty—eighth Session (Rome, 8—10 October 1979).

92. The Council concurred with the conclusions of the CCLM 6 and decided to approve the amendments to the Agreement as recommended by the CCLM. Accordingly, the Council adopted the following resolution:

Resolution 1/76

AMENDMENTS TO THE AGREEMENT FOR THE ESTABLISHMENT OF A REGIONAL ANIMAL

PRODUCTION AND HEALTH COMMISSION FOR ASIA, THE FAR EAST AND THE SOUTH-WEST PACIFIC

THE COUNCIL,

Noting that at its Fourth Session (Manila, September 1979) the Regional Animal Production and Health Commission for Asia, the Far East and the South—West Pacific had adopted amendments to the Agreement under which it had been established,

Noting further that these amendments had been considered by the Committee on Constitutional and Legal Matters (CCLM) which had recommended their approval by the Council in accordance with Article XVII.3of the Agreement, subject to a minor drafting change to the amendment to Article VII.1,

Approves the amendments to the Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia, the Far East and the South—West Pacific set forth in Appendix F.

Other Constitutional and Legal Questions

Invitations to Non—Member Nations to attend FAO Sessions7

93. The Council took note of the invitations issued by the Director—General on request to non-Member Nations to attend FAO sessions in accordance with Paragraph B—I and B—2 of the "Statement of Principles relating to the Granting of Observer Status to Nations" 8 and agreed to the requests of the Solomon Islands and Tonga (both of which were received on 21 .une 1979) to attend in an observer capacity the FAO Technical Working Party on Coconut Production, Protection and Processing, which would take place in Manila Philippines from 3 to 8 December 1979.

Invitations to International Non—Governmental Organizations which do not have Status with FAO9

94. The Council was informed of the names of those Non—Governmental Organizations not having official status with FAO which had been invited to technical meetings.

Changes in Representation of Member Countries on the Programme Committee10

95. In accordance with Rule XXVI—4(a) of the General Rules of the Organization (GRO) the Council was informed of the qualifications and experience of the substitute representatives on the Programme Committee of the Governments of the Federative Republic of Brazil and of the United States of Ainerica.


1 CL 76/5; CL 76/PV/1; CL 76/PV/6.

2 CL 77/REPpara. 204.

3 CL 74/REPpara. 71.

4 CL 75/REPpara. 54.

5 Additions underlined, deletions in square brackets [ ].

6 CL 76/5paras 8—1l.

7 CL 76/LIM/2; CL 76/PV/I; CL 76/PV/6.

8 See Basic Texts, Volume II Section L.

9 CL 76/2; CL 76/PV/1; CL 76/PV/6.

10 CL 76/INF/8; CL 76/PV/4; CL 76/PV/6.

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