VIII.
Resolutions adopted by the Conference at its Second Session
A.
Resolution establishing a Preparatory Commission World Food PROPOSALS
B.
Relationship with the United Nations
C.
Relationship with International Nongovernmental Organizations
D.
Amendment of the Constitution regarding voting rights
E.
Amendment of the rules of procedure regarding the emoluments or allowances
of The Executive Committee
F.
Amendment of the rules of procedure regarding attendance of Executive Committee
Members
G.
Amendment of the financial regulations regarding the financial year of
the Organization
H.
Amendment of the financial regulations regarding the Committee on financial
control
I.
Financial arrangements for 1946-47
J.
Accounts of the interim commission
K.
Budget for the first financial year
L.
Executive committee allowances
M.
Scale of contributions
N.
Resolution on the budget
A. Resolution establishing a Preparatory Commission World Food Proposals
The Conference
Approves the report of its Commission on the proposals for a World Food Board. It accepts the general objectives of the proposals: (a) developing and organizing production, distribution, and utilization of the basic food to provide diets on a health standard for the peoples of all countries; (b) stabilizing agricultural prices at levels fair to the producers and consumers alike;
And, considering that international machinery is necessary to achieve these objectives,
RESOLVES
To establish the Preparatory Commission suggested in the report of its Commission to consider further the proposals and submit recommendations regarding the necessary machinery.
B. Relationship with the United Nations
The Conference, having considered the Draft Agreement of 10 June 1946, between the United Nations and the Food and Agriculture Organization of the United Nations,
RESOLVES
2. To instruct the Director-General to inform the United Nations of this action.
3. With respect to Article IX of the Draft Agreement on relations with the International Court of Justice, to approve the following statement to the United Nations:
"Reference to Article XVII of the Constitution of the Food and Agriculture Organization of the United Nations indicates that it was clearly the intention of the United Nations Interim Commission on Food and Agriculture that provision should be made for access by FAO to the International Court of Justice.
"The Constitution of FAO in Article XVII, Interpretation of Constitution, provides:
'Any question or dispute concerning the interpretation of this Constitution or any international convention adopted thereunder shall be referred for determination to an appropriate international court or arbitral tribunal in the manner prescribed by rules to be adopted by the Conference.'
"In the negotiations between the negotiating committees of the Economic and Social Council and of FAO, the former proposed that FAO should receive similar rights of access to the Court as those provided for in the draft agreement with UNESCO, as follows:
'The Organization is authorized, pursuant to Article 96 of the Charter of the United Nations, to submit to the International Court of Justice requests for opinions on legal questions arising within the scope of its activities other than questions concerning the mutual relationships of the Organization and UN or other specialized agencies, provided that the Organization shall give prior notice to the Council of all such requests. The Council shall have the right to declare that in its judgment any such request should not be made. If, after the Council has made such a declaration, the request is not withdrawn, the General Assembly shall itself determine whether the request shall be submitted to the Court.'
'The General Assembly authorizes the International Labour Organisation to request advisory opinions of the International Court of Justice on legal questions arising within the scope of its activities other than questions concerning the mutual relation ships of the Organisation and the United Nations or other specialized agencies.
'Such request may be addressed to the Court by the Conference or by the Governing Body acting in pursuance of an authorization by the Conference.
'When requesting the International Court of Justice to give an advisory opinion the International Labour Organisation shall inform the Economic and Social Council of the request.'
"The position of FAO is as follows:
"The Organization is in agreement with the Economic and Social Council that questions concerning the mutual relationship of the Organization and the United Nations or other specialized agencies should be excluded from any general authorization for reference to the Court. It is most desirable that any such questions should as far as possible be settled through the medium of whatever coordinating machinery is set up by the United Nations and the specialized agencies rather than that they should be referred to the Court.
"It is, however, felt strongly that in the matter of access to the Court the position of FAO is parallel to that of ILO. During the negotiation of the Draft Agreement, the spokesman for ESC justified the preferential treatment which they proposed to give the ILO on two grounds: (1) the historical position of ILO and (2) that the Labour Organisation had negotiated and was responsible for international action in regard to a large number of labor conventions. In regard to the first point, the responsibilities of FAO and its terms of reference are as wide and important as those of ILO. In regard to the second point, FAO will undoubtedly find it necessary to negotiate many conventions, and provision is made for this in the Constitution, Article IV, paragraph 3:
'The Conference may by a two-thirds majority of the votes cast submit conventions concerning questions relating to food and agriculture to member nations for consideration with a view to their acceptance by the appropriate constitutional procedure.'
" International conventions for the regulation of fisheries either to avoid disputes or to promote the conservation of marine resources are also important and fall within the terms of reference of FAO.
" As a result of the absorption by FAO of the functions of the International Institute of Agriculture, FAO has, as from 1 August, taken over responsibility for a number of conventions, namely:
- Convention for Locust Control
- Convention for Plant Protection
- Convention concerning Marking of Eggs in International Commerce
- Convention for the Standardization of Methods of Cheese Analysis
- Convention on the Standardization of the Methods of Analyzing Wines
- Convention for the Standardization of Methods of Keeping and Utilizing Herd Books.
The Conference, recognizing the importance of establishing the closest possible cooperation with international nongovernmental organizations which may be of assistance to the Organization in achieving its fundamental objectives, ESTABLISHES the following procedures for achieving such cooperation:
1. Important international organizations with interests covering a large part of FAO's field of activity and of a standing that renders their views on policy a matter of great interest to governments and to FAO.
2. Significant international organizations that are interested in the promotion of one or more of the specific aims of FAO.
3. International scientific organizations.
1. Category 1
(a) The organizations to be placed in this category shall be determined by the Conference upon recommendation by the Executive Committee.
(b) Procedures and privileges for organizations to be placed in this category shall be determined by the Conference upon recommendation of the Executive Committee. The list of organizations in this category shall be reviewed annually.
(c) Privileges to be conferred on organizations in this category shall include the right of representation at the Conference by an observer, who may be accompanied by advisers, without the right to vote; the provision by the Director-General to the organization, in advance of the session, of documents bearing on policy or technical questions; provision for circulation to the Conference of the organization's views in writing without abridgment; the right to speak before the special committee of the Executive Committee provided for in paragraph E; the right to speak before technical committees of the Conference but not to participate in discussions unless requested by the Chairman; and upon request addressed to the Director-General and with the consent of the General Committee of the Conference, the right to speak before the Conference itself.
(a) Organizations to be placed in this category shall be determined by the Director-General, who shall report annually to the Conference on all applications received from organizations and the specific action taken with respect to each.
(b) Such organizations shall be entitled to be represented at the Conference sessions by one observer each, without the right to vote; such representation would involve primarily a preference in seating location and other courtesies and facilities offered by the Division of Information of the Organization; access to nonconfidential documentation and such other documentation as the Director-General may see fit to make available, through such special distribution facilities as the Division of Information may establish; provision for submission of memoranda to the Director-General, who would determine whether they should be circulated to the Conference in whole or in summary form; the right to speak, upon invitation, before the special committee of the Executive Committee, or to file statements before technical committees, and upon invitation of such technical committees to have the opportunity to speak.
Collaboration with such organizations can best be achieved through arrangements made by the Director-General for consultation with Standing Advisory Committees and for representation at special technical conferences.
D. The Executive Committee shall receive applications by organizations for inclusion in Category 1, and make recommendations thereon to the Conference.
E. The Executive Committee shall meet with representatives of organizations in Category 1,, and upon its invitation with the representatives of the organizations in Category 2,, during and between sessions of the Conference. A special committee of the Executive Committee shall be set up for this purpose..
F. National and regional nongovernmental organizations: Normally national organizations should present their views through their respective governments or through the international nongovernmental organizations with which they may be affiliated. National organizations, however, shall be entitled to inclusion in the appropriate category,, after consultation with the member concerned,, if they cover a field which is not covered by any international organization or have special experience upon which the Organization wishes to draw. Regional organizations or commissions shall also be included in an appropriate category, for similar reasons, and in particular if they can provide to the Organization special experience concerning non-self-governing territories.
Having received the recommendations of the Executive Committee,
DECIDES
- International Cooperative Alliance
- International Federation of Agricultural Producers
- World Federation of Trade Unions
3. Before concluding arrangements with these organizations the Director-General shall inform the Economic and Social Council of the nature and scope of the proposed arrangements in conformity with Article XVI of the Agreement with the United Nations.
The Conference,
In conformity with paragraph 2 of Article XX of the Constitution,
DECIDES
"A member nation which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Conference if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Conference may, nevertheless, permit such a member nation to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member nation."
The Conference,
In conformity with paragraph 2 of Rule XXXIII of the Rules of Procedure of the Organization,
DECIDES
To amend the Rules of Procedure by adding a new paragraph 5 to Rule XXIV, as follows:
The Conference,
In conformity with paragraph 2 of Rule XX of the Rules of Procedure,
DECIDES
To add the following paragraph to Rule XXIV of the Rules of Procedure:
The Conference,
In conformity with Regulation XXIII of the Financial Regulations of the Organization, decides:
" 1. The financial year of the Organization shall be the calendar year. "
3. That, notwithstanding this action respecting the second financial year, the accounts of the Organization shall be closed and audited as of 31 December 1946 and, when the budget for the third financial year is prepared for presentation to the next session of the Conference, expenditures from 1 December 1945 to 31 December 1946 shall, for comparison, be indicated in schedules together with revised estimates of anticipated expenditures during the calendar year 1947.
4. That, inasmuch as the exceptional circumstances of the current year makes impossible the strict observance of the procedure laid down in Regulation VII of Part II of the Financial Regulations, the Regulations be interpreted as requiring that the audited accounts of the first financial year and the report of the Committee on Financial Control thereon be communicated to member governments not later than 31 December 1946 for consideration by the Third Session of the Conference.
The Conference,
In conformity with Regulation XXIII of the Financial Regulations of the Organization,
DECIDES
To amend the Financial Regulations by adding three new paragraphs to Regulation I of Part I, as follows:
"4. In performing its duties as the Committee on Financial Control, the Executive committee shall consult with and obtain reports from the Subcommittee on Finance.
"5. The Committee on Financial Control shall, on request of the Subcommittee on Finance, transmit any reports of the Subcommittee to member governments and to the next session of the Conference, together with any comments the Committee may wish to make."
I. Financial arrangements for 1946-47
The Conference
Having observed that until recently necessarily limited progress has been achieved in establishing the services of finance and administration which are essential to the successful functioning of the Organization, and in view of the rapidity with which financial burdens will increase in coming months, and in the light of the discussions and suggestions of the Committee on Finance,
RESOLVES
That the Director-General shall make every effort to strengthen the financial administration of the Organization in conformity with the Financial Regulations.
J. Accounts of the interim commission
The Conference, having received the report by Price, Waterhouse and Company, auditors, dated 26 July 1946, on the accounts of the Interim Commission for the period from 1 October 1945 to 30 November 1945, ACCEPTS the auditor's report.
K. Budget for the first financial year
The Conference, being satisfied that the Committee on Finance has examined the budget for the first financial year, APPROVES the budget.
L. Executive committee allowances
The Conference
APPROVES
The recommendation that, in accordance with the rule already made by the Executive Committee, members of the Executive Committee should be entitled to payment of the cost of first-class travel by direct route to the place of meeting, per diem allowance of 10 U. S. dollars while en route, and per diem allowance of 20 U. S. dollars after arrival in the country where the meeting takes place.
The Conference RESOLVES
2. That, in view of the special circumstances prevailing in India, that country's contribution should be reduced from a figure representing 4.67 percent of the budget to a figure representing 4.25 percent as in the first financial year;
3. That it be clearly understood that the scale of contributions for the second financial year is entirely without prejudice to the scale to be fixed for the third financial year, which should be based on a general revision in the light of proposals under consideration by the United Nations; and
4. That when the United Nations' new scale of contributions is available it be examined by the Executive Committee acting as the Committee on Financial Control, with the object of submitting proposals for revision of the FAO scale to the next regular session of the Conference.
The Conference
RESOLVES
2. That the budget be allocated for contributions in accordance with the scale attached to this resolution and that those contributions shall be payable in accordance with the provisions of paragraph 2 of Regulation VIII of Part I of the Financial Regulations;
3. That the Director-General be authorized to incur in the second financial year expenditures in accordance with the estimates attached to this resolution .
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