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CONSTITUTIONAL AND LEGAL MATTERS

Report of the Fiftieth Session of the Committee on Constitutional and Legal Matters (Rome, 14–16 October 1987)

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

89. The Council recalled that at the time of the election of the Members of the Finance Committee at its Eighty-ninth Session (28 November 1985) a procedural question had arisen as to "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 candidate from each of those regions". 2 Following a discussion on this matter, the Council "requested the CCLM to examine the relevant parts of Rule XXVI and Rule XXVII of the General Rules of the Organization and to report its findings, including the texts of possible amendments to the Rules that would clarify the question of regional representation on both Committees, to its session in November 1986". 3

90. In the Report of the Forty-eighth Session of the CCLM (29 September - 3 October 1986), presented to the Ninetieth Session of the Council (17–28 November 1986), three options had been proposed. On that occasion the Council had "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".4 The Council decided that the CCLM should examine the problem further, and in particular the implications of alternative 3 in its Report which envisaged an election procedure in two steps. 5

91. At its Forty-ninth Session (21–23 April 1987), the CCLM concluded that alternative 3 would guarantee just and equitable representation on the Programme Committee and Finance Committee whilst not increasing the number of members of either Committee. However, a number of questions concerning the distribution of seats would have to be solved before any amendment to the General Rules of the Organization could be adopted and the Committee submitted recommendations on this subject. 6

92. The Council recalled that it had discussed the matter once again at its Ninety-first Session (15–26 June 1987). As a consensus had not been reached as to whether the General Rules of the Organization should be amended or whether the same result could be achieved through practical arrangements among Member Nations, it requested the CCLM to "continue studying the problem", and expressed the hope that further reflection on this matter might make it possible to reach a consensus at its Ninety-second Session. 7

93. At its Fiftieth Session (14–16 October 1987), the CCLM reached a consensus on a compromise approach to the problem which lay between the alternative of amendment of the General Rules of the Organization and the alternative of relying solely on improved negotiations and understandings between the regions and within the regions. The CCLM felt that the compromise would virtually ensure that any region wishing to be represented would be able to obtain a seat, but that if the solution envisaged did not prove to be effective, the matter would have to be re-considered in due course in order that a more satisfactory solution be found.

94. The Council noted that the compromise solution recommended by the CCLM consisted in the adoption by the Conference of a resolution laying down certain principles which should be taken into account by members of the Council when electing the Chairman and members of the Programme Committee and of the Finance Committee.

95. The Council considered that the principles embodied in the solution proposed by the CCLM were of paramount importance. Accordingly, it endorsed the CCLM proposal and decided to transmit the following draft Resolution to the Conference:

DRAFT RESOLUTION FOR THE CONFERENCE

PROCEDURE FOR THE ELECTION OF THE CHAIRMEN AND MEMBERS
OF THE PROGRAMME AND FINANCE COMMITTEES

THE CONFERENCE,

Noting that the question of the interpretation of Rule XXVII.3(c).(ii). of the General Rules of the Organization had arisen in the course of the election of the Chairman and members of the Finance Committee at the Eighty-ninth Session of the Council (November 1985) and that the Council had referred this matter to the Committee on Constitutional and Legal Matters (CCLM) which considered it at its Forty-eighth Session (September-October 1986);

Noting further that the matter had been considered by the Council at its Ninetieth Session (November 1986), Ninety-first Session (June 1987) and Ninety-second Session (November 1987);

Concurring with the recommendation of the Committee on Constitutional and Legal Matters endorsed by the Council at its Ninety-second Session:

Decides:

1. to affirm the need for just and equitable representation of the various regions on the Programme Committee and the Finance Committee;

2. to underline that an essential element of such representation is that all regions that so wish are in fact represented on the Committee; and

3. that members of the Council should bear the above in mind, as well as the importance of securing equitable rotation among the countries constituting each region, when electing the Chairmen and members of the two Committees in accordance with Rules XXVI.3 and XXVII.3, respectively.

–Headquarters Agreement for the World Food Programme 8

96. The Council noted that in April 1987 the Permanent Representation of Italy had notified the World Food Programme (WFP) that the Italian Government intended to take the legislative and administrative action required to allocate suitable state-owned premises to WFP for its permanent use. Provision of these premises, which were still to be identified or built, was necessary because the re-structuring of the Terme di Caracalla complex would not result in sufficient space being available to accommodate WFP. The Permanent Representation had further indicated that under Italian law the Government's conclusion of a Headquarters Agreement with the United Nations and FAO - the parent organizations of WFP - was an essential condition precedent for the allocation of such premises to WFP, and that until suitable state-owned premises were found, the conclusion of a Headquarters Agreement would facilitate payment by the Italian Government of the rent for the leased premises currently occupied by WFP.

97. The Council further noted that, in view of the importance of concluding a separate Headquarters Agreement for WFP as expeditiously as possible, the Director-General had decided to consult the CCLM on the internal procedures that should be followed by FAO in connection with the negotiation and eventual conclusion of the Headquarters Agreement and, in particular, on the role that should be played by FAO's Governing Bodies. In this connection, the CCLM had concluded that, although there was no specific provision in the Constitution governing the conclusion of such agreements, over the years a body of practice had developed pursuant to which agreements of this kind were generally submitted to the Council for approval.

98. However, the CCLM realized that, in effect, this procedure could not be completed before the Council session that would be held in November 1988. Bearing in mind the urgency of ensuring that WFP should have adequate permanent accommodation, the fact that the agreement would not normally contain significant substantive departures from the provisions of the FAO and IFAD (International Fund for Agricultural Development) Headquarters Agreements, and also the apparent authority of the Secretary-General to conclude the agreement on behalf of the United Nations, the CCLM had recommended that the Director-General be authorized to conclude the agreement on behalf of FAO, without referring the text to the Council for approval unless he considered that he needed its guidance on an important question of principle.

99. The Council endorsed the CCLM recommendation and expressed its appreciation for the action that the Italian Government intended to take in order to place adequate accommodation at the disposal of WFP. The Council shared the CCLM's hope that the necessary arrangements would be completed at an early date. The Council also requested the Director-General to circulate the text of the WFP Headquarters Agreement to a future session of the Council for information.

Establishment of a Regional Commission on Livestock Development in Latin America and the Caribbean 9

100. The Council was informed of the critical situation in the livestock sub-sector in Latin America and the Caribbean which had given rise to concern in recent years despite the fact that there had been an expansion in animal production. The Council noted that the expansion had been due mainly to an increase in the number of the animals rather than to higher productivity. The Council also noted that as a result of national self-sufficiency, ratios in the livestock sub-sector had declined particularly in the 1980s. The underlying factors for this situation were primarily inadequate feed resources, insufficient transfer of technologies, disease control problems, low genetic quality of stocks and export discrimination.

101. The Council appreciated the support given by FAO to animal production and health development in the Region over the years. It expressed its appreciation for the close attention given to the deteriorating situation in the livestock sub-sector in a number of FAO meetings, including the Committee on Agriculture and the Programme Committee, as well as the Nineteenth FAO Regional Conference for Latin America and the Caribbean (Barbados, 5–13 August 1986). The Regional Conference had stressed the need for urgent action and recommended the establishment of a livestock commission. The Expert Consultation on Livestock Development Policy (Brazil, April 1987) fully supported this recommendation with a view to promoting national and regional animal production and health development programmes.

102. The Council noted that the Nineteenth FAO Regional Conference for Latin America and the Caribbean had recommended that a Livestock Committee be established as an advisory body to the FAO Council, in accordance with Article VI-2 of the FAO Constitution. Several members requested the Secretariat to take the necessary steps in order to implement this recommendation.

103. The Council expressed concern for the situation in the livestock sub- sector in the Region and reiterated the need for FAO-supported action at the national, as well as at the regional, level. The Council agreed that such concerted action would make a significant contribution in furthering all aspects of animal production and health in the Region, especially through the promotion of coherent TCDC programmes and training.

104. The Council stressed that, while the Commission on Livestock Development for Latin America and the Caribbean would deal mainly with policy and strategy matters in regard to livestock development, it could be supported by ad hoc expert consultations on selected technical subjects,

105. The Council suggested that organizations dealing with livestock development in the region such as the Inter-American Institute for Cooperation on Agriculture (IICA), the Pan-American Health Organization (PAHO), the Inter-American Development Bank (IDB) and others be invited to attend sessions of the Commission as observers. The Representative of Italy indicated the willingness of his Government to consider requests for financial assistance in aspects related to the new Commission and its work.

106. The Council in concluding its discussion unanimously endorsed the Director-General's proposal for the establishment of a Commission on Livestock Development for Latin America and the Caribbean under Article VI, paragraph 1, of the FAO Constitution in view of the importance of the livestock sub-sector in the economy of the Region, and adopted the following Resolution:

Resolution 1/92

COMMISSION ON LIVESTOCK DEVELOPMENT FOR LATIN AMERICA
AND THE CARIBBEAN

THE COUNCIL,

Recognizing the serious constraints on livestock development in Latin America and the Caribbean,

Noting with satisfaction the recommendations of the Nineteenth-FAO Regional Conference for Latin America and the Caribbean held in Barbados in 1986, and of the Expert Consultation on Livestock Development Policy held in Brazil In 1987,

Considering that the development of policies and the formulation of an active national and regional livestock development programme, and its coordinated Implementation, requires the establishment of a body comprising the Member Nations of the Region that could contribute to the effective implementation of all stages of the Programme,

Decides to establish, under Article VI.1 of the Constitution, a Commission to be known as the "Commission on Livestock Development for Latin America and the Caribbean", the Statutes of which shall be as follows:

  1. Membership

    The Commission shall be open to all Member Nations and Associate Members
    of the Organization in Latin America and the Caribbean. The Commission
    shall be composed of those eligible Member Nations and Associate Members
    which notify the Director-General of their desire to be considered as
    Members.

  2. Terms of Reference

    3. The terms of reference of the Commission shall be:

  1. to recommend animal production and health policies for the Members of
    the Commission;
  2. to plan and promote action for the improvement of animal production;
  3. to plan and promote action for the survey and control of animal diseases
    and recommend common standards and practices for this purpose;
  4. to plan and promote action for the transfer and adaptation of
    biotechnology in livestock development;
  5. to plan and promote action to establish research and educational
    programmes to meet the needs of the animal industry;
  6. to determine, in consultation with members concerned, the nature and
    extent of assistance needed by such members in order to implement
    their national livestock development programmes, as well as to support
    regional programmes;
  7. to appraise progress reports on the implementation and development of
    the programme.

  1. Sessions

    2. Sessions of the Commission shall be held once every two years and shall
    be convened by the Director-General.

  2. Subsidiary bodies

    1. The Commission may establish such subsidiary bodies as may be required
      for the effective discharge of its functions;
    2. the establishment of any subsidiary body shall be subject to the
      determination by the Director-General that the necessary funds are
      available in the relevant chapter of the budget of. the Organization or
      from extra-budgetary sources. Before taking any decision involving
      expenditure in connection with the establishment of subsidiary bodies,
      the Commission shall have before it a report from the Director-General
      on the proposed programme, administrative and financial implications
      thereof.

  3. Reporting

    At the conclusion of each session, the Commission shall submit to the
    Director-General a report on its activities and recommendations taking
    into account the need for the Director-General to be in a position to
    take such reports into consideration when preparing the draft Programme
    of Work and Budget of the Organization or other submissions to the
    Organization's governing bodies. The Director-General shall bring to the
    attention of the Conference through the Council any recommendations
    adopted by the Commission which have policy implications or which affect
    the programme or finances of the Organization. As soon as they become
    available, copies of each report of the Commission will be circulated to
    Member Nations and Associate Members of the Organization and also to
    international organizations and agencies that are concerned with animal
    production and health in Latin America and the Caribbean.

  4. Secretariat and Expenses

    1. The Secretary of the Commission shall be appointed by the Director-
      General and shall be administratively responsible to him. The expenses
      of the Secretariat of the Commission shall be determined and paid by the
      Organization within the limits of the relevant appropriations in the
      approved budget of the Organization;
    2. expenses incurred by representatives of Members of the Commission, their
      alternates or advisers, when attending sessions of the Commission or its
      subsidiary bodies, as well as the expenses of observers at sessions,
      shall be borne by the respective governments or organizations.

  5. Observers

    The participation as observers of Member Nations and Associate Members
    that are not Members of the Commission, of non-Member States of the
    Organization, and of international organizations shall be governed by
    the relevant provisions of the principles adopted by the Conference.

  6. Rules of Procedure

    The Commission may adopt and amend its own rules of procedure which
    shall be in conformity with the Constitution and the General Rules of
    the Organization and with the Statement of Principles Governing
    Commissions and Committees adopted by the Conference. The rules of
    procedure and amendments thereto shall come into force upon approval by
    the Director-General.

Other Constitutional and Legal Matters

–Invitations to Non-Member Nations to Attend FAO Sessions 10

107. In accordance with paragraph B-l 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 (U.S.S.R.) to attend as an observer the Ninety-second Session of the Council, and approved its participation.

–Invitations to International Non-Governmental Organizations
which do not have Status with FAO 11

108. 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 Nations on the
Programme and Finance Committees 12

109. As provided for in Rule XXVI-4(a) of the General Rules of the Organization, the Council was advised that Mr Arkell D. Weygandt had been designated as the Representative of the United States of America and that Shri V.K. Sibal had been designated as the Representative of India at the Fifty-third Session of the Programme Committee.

110. As provided for in Rule XXVII-(a) of the General Rules of the Organization, the Council was also advised that Mr David Lawrence Coutts had replaced Mr Barry Martyn as the Representative of Australia at the Sixty-first Session of the Finance Committee.

111. The Council took note of these changes. It also thanked the outgoing members.

1 CL 92/5; CL 92/PV/5; CL 92/PV/7.

2 CL 89/REP, para. 8.

3 CL 89/REP, para. 9.

4 CL 90/REP, para. 176.

5 CL 90/5, para. 27.

6 CL 91/5, paras 19-24.

7 CL 91/REP, para. 295.

8 CL 92/7; CL 92/PV/5; CL 92/PV/7.

9 CL 92/7; CL 92/PV/5; CL 92/PV/7.

10 CL 92/PV/4; CL 92/PV/7.

11 CL 92/INF/5; CL 92/PV/5; CL 92/PV/7.

12 CL 92/INF/9; CL 92/PV/6; CL 92/PV/7.

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