CONSTITUTIONAL AND LEGAL MATTERS

Report of the Forty-eighth Session of the Committee on Constitutional and Legal Matters (Rome, 29 September- 1 October 1986)

– Procedure for Election of Chairmen and Members of the Programme and Finance Committees ¹

173. The Council had before it the Report of the Forty-eighth Session of the Committee on Constitutional and Legal Matters (CCLM), which had dealt in particular with the election of members of the Programme Committee and the Finance Committee.

174. In this connection the Council recalled that at its Eighty-ninth Session held in November 1985, when it had proceeded to the second stage of the election concerning the members of the Finance Committee, referred to in Rule XXVII.3(c) of the General Rules of the Organization (GRO), the question had been raised "whether Rule XXVII.3(c)(ii) should be interpreted in such a way as to make it permissible for any one of the three regions not to be represented, when there was at least’ one candidature from each of those regions".² Following a discussion on this matter, the Council had "requested the CCLM to examine the relevant parts of Rule XXVI and XXVII GRO, and to report its findings, including the texts of possible amendments to the Rules that would clarify the question of regional representation on both [the Programme and Finance] Committees, to its Session in November 1986".³

175. The Council noted that the CCLM’s report covered the legislative history of Rules XXVI.3 and XXVII.3 GRO and other factors relevant to their interpretation; the practice based on Rules XXVI.3 and XXVII.3 GRO; and finally possible amendments to the General Rules of the Organization.

176. The Council reaffirmed the desirability of guaranteeing just and equitable representation on both the Programme Committee and Finance Committee, and considered that each region should be represented if it wished to be. It also considered that such a representation should not entail any increase in the number of members on either Committee.

177. In the course of the debate, many members considered that, although the present Rules on the election of Members of the Programme Committee and the Finance Committee had not always worked satisfactorily, there was nevertheless no need to amend them. They stressed that improved coordination within the regions, before elections took place, could guarantee that the principle of a just and equitable representation would be safeguarded. Other members expressed the view that in reality the extant rules did not guarantee the representation of all regions that wished to participate in the Committees. For this purpose they felt that the General Rules of the Organization should be amended. They suggested that such amendment be along the lines of Alternative 3 in paragraph 27 of the CCLM’s Report. Still other members stated that, while preferring to leave the General Rules of the Organization unchanged, they might favour Alternative 3, which should be considered in greater depth.

178. In conclusion, the Council decided that, in the light of the opinions which had been expressed during the Council debate, the CCLM should examine in depth the outcome of the debate and especially the implications of Alternative 3 in paragraph 27 of the CCLM’S Report, and report its recommendations to the Council, which would examine the question further at its Ninety-first Session.

Other Constitutional and Legal Matters

– Date for Nominations to the Office of Director-General⁴

179. By Resolution 20/81 of the Twenty-first Conference Session, the Director-General was appointed for a period of six years from , the term of office expiring on 31 December 1987. Under the provisions of Rule XXXVI-1(a) GRO, it was necessary for the Council to set the date for nominations to the Office of Director-General.

180. The Council decided that nominations to the Office of Director-General should be communicated to the Secretary-General of the Conference at the latest by 3 April 1987 at 17.30 hours, and that such nominations should be circulated by the Secretary-General to all Member Nations of the Organization by 27 April 1987 .

– Amendments of Statutes of the Committee on Forest Development in the Tropics (Res. 2/90)⁵

181. The Council, considering the increased importance of the work of the Committee on Forest Development in the Tropics, in particular in the light of the implementation of the Tropical Forestry Action Plan, endorsed the proposal to increase its maximum membership from 45 to 60 and its minimum from 15 to 30 members.

182. The Council, accordingly, adopted the following Resolution:

Resolution 2/90

MEMBERSHIP OF THE COMMITTEE ON FOREST DEVELOPMENT IN THE TROPICS

THE COUNCIL,

Recalling that the Committee on Forest Development in the Tropics was established by the Director-General in 1966 under Article VI, paragraph 2 of the Constitution, on the authority of Resolution 7/65 of the Thirteenth Session of the Conference;

Noting that under the terms of Resolution 7/65 the members of the Committee are selected by the Director-General from the Member Nations and Associate Members of the Organization “in the light of the desirability that the Committee membership should be not less than 15 and no more than 30 members” and that this number was increased in 1976 to a maximum of 45 by Council Resolution 5/70;

Noting further that the membership of the Committee now stands at the full complement of 45 members and that in a review of Committee membership carried out by the Director-General in 1984, no country asked to be removed from membership, while Other Member Nations have expressed their wish to become members of the Committee;

Considering the increased global attention being given to tropical forestry problems and opportunities;

Noting further that the Tropical Forestry Action Plan which the Committee initiated and endorsed is now being considered throughout the international community as a framework for tropical forestry conservation and development, and has generated increased interest in the work and programmes of the Committee;

Considering further that in its Resolution declaring 1985 as International Year of the Forest the Council had urged all member countries to urgently take all actions possible to conserve and protect their forest resources;

Concluding that under these circumstances it would be desirable to make provision for the membership of the Committee to be increased beyond the present limits;

1. Reaffirms the selection criteria set forth in Conference Resolution 7/65;

2. Decides to increase the maximum membership of the Committee on Forest Development in the Tropics to sixty Member Nations or Associate Members of the Organization and its minimum to thirty;

3. Authorizes the Director-General to select up to sixty Member Nations and Associate Members of the Organization for membership of the Committee;

4. Accordingly, requests the Director-General to amend the Committee’s Statutes so as to bring them in line with the present Resolution.

– 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 ⁶

183. The Council examined 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 which had been adopted by the Commission at its Eleventh Session (Bangkok, 7-13 October 1986). In accordance with Article XVII.3 of the Agreement, these amendments required the approval of the Council. The Council noted that as they related strictly to nomenclature and consequently did not affect the substance of the Agreement, the Director- General had not considered it necessary to submit the amendments first to the CCLM.

184. The Council noted that the amendments aligned the terminology used in the Agreement with decisions taken by the Conference at its Twentieth Session (November 1979).

185. The Council decided to approve the amendments to the Agreement and adopted the following resolution:

Resolution 3/90

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 the Regional Animal Production and Health Commission for Asia, the Far East and the South-West Pacific at its Eleventh Session held in Bangkok from 7 to 13 October 1986, had adopted amendments to the Agreement under which it had been established;

Noting further that these amendments aligned the nomenclature used in the Agreement with decisions taken by the Conference at its Twentieth Session regarding the names of the Regional Conference and the Regional Office;

Considering that, under Article XVII.3 of the Agreement, amendments to the Agreement require the approval of the Council;

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 the Appendix to this Resolution.

* * * * * *

Appendix to Resolution 3/90 on

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

Title of the Agreement

Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia [, the Far East ] and the [South-West] Pacific ^*

ARTICLE I

Establishment of the Commission

The Contracting parties, realizing the need to coordinate their policies, plans and programmes in livestock production, and disease control and eradication, and desiring to provide machinery or the exchange of information and experience, hereby establish, within the framework of the Food and Organization of the United Nations (hereinafter referred to as "the Organization"), a Commission to be known as the "Regional Animal Production and Health Commission for Asia [, the Far East] and the [South-West] Pacific, (hereinafter referred to as "the Commission"). ^*

ARTICLE V

Seat of the Commission

1. The Seat of the Commission shall be the FAO Regional Office for Asia and the [Far East] Pacific, Bangkok , Thailand. ^*

^* The words in square brackets are deleted.

– Abolition of the Regional Commission on Farm Management for Asia and the Far East ⁷

186. As requested by the Eighty-second Session of the Council, the Seventeenth Regional Conference for Asia and the Pacific had examined the various regional commissions’ activities and in particular the performance of the Commission on Farm Management. The Regional Conference had noted the poor attendance at the Commission, had requested the Secretariat to make efforts to revitalize the Commission and had urged Member Nations to take a more active interest in the Commission’s activities. It had expressed the view that the Council should defer any decision on the abolition of the Commission on Farm Management until the Eighteenth Regional Conference had had the opportunity to examine its current performance.

187. The Eighteenth Regional Conference had noted that action had been taken to revitalize the Commission but the result could not yet be assessed because the next session of the Commission would take place only in October 1986, after the Regional Conference had met.

188. During the discussion by the Council, several members expressed their support for the continuation of the activities of the Commission on Farm Management in the Region. The Council agreed to defer any decision regarding the abolition of the Commission on Farm Management until it had received a report from the Nineteenth Regional Conference for Asia and the Pacific on the performance of the Commission in the intervening period.

– Invitations to Non-Member Nations to Attend FAO Sessions⁸

189. In accordance with paragraph B-1 of the "Statement of Principles relating to the Granting of Observer Status to Nations", the Council took note of the request made by the Union of Soviet Socialist Republics (USSR) to attend as an observer the Ninetieth Session of the Council, and approved its participation.

190. In accordance with paragraph B-2 of the aforementioned Statement of Principles, the Council agreed to the request of the USSR to attend as an observer the following sessions:

191. The Council also agreed to the Director-General’s proposal to invite the German Democratic Republic and the USSR to attend as observers the Second Session of the Commission on Plant Genetic Resources (Rome, 16 - 20 March 1987).

– Changes in Representation of Member Nations on the Programme and Finance Committees ⁹

192. As provided for in Rule XXVI-4(a) GRO, the Council was advised that His Excellency Akbar Mirza Khaleeli had replaced Mr R C. Gupta as the Representative of India at the Fifty-first Session of the Programme Committee. Also, only for that session, Dr Dietmar Kinzel had replaced Dr R. Steiner as the Representative of Austria.

193. As provided for in Rule XXVII-4(a) GRO, the Council was also advised that Mr John Lester Sault had replaced Mr Barry Martyn as the Representative of Australia at the Fifty-seventh and Fifty-eighth Sessions of the Finance Committee.

194. The Council expressed its sincere thanks for the services of Mr R.C. Gupta and Mr Barry Martyn, took note of the qualifications and experience of their substitutes, and welcomed them.

¹CL 90/5; CL 90/PV/17; CL 90/PV/19.

²CL 89/REP, para.8.

³CL 89/REP, para.9.

⁴CL 90/6; CL 9O/6-Rev.1 (French only); CL 90/PV/17; CL 90/PV/19.

⁵CL 90/13-Rev.1; CL 90/PV/17; CL 90/PV/19.

⁶CL 90/14; CL9O/PV/17; CL 90/PV/19.

⁷CL 90/20; CL 90/PV/17; CL 9O/PV/19.

⁸CL 90/INF/8; CL 9O/PV/1; CL 9O/PV/18.

⁹CL 90/INF/9; CL 90/PV/17; CL 90/PV/19.