CL 116/5


Council

Hundred and Sixteenth Session

Rome, 14-19 June 1999

REPORT OF THE SIXTY-NINTH SESSION OF THE COMMITTEE ON CONSTITUTIONAL AND LEGAL MATTERS (CCLM)

Rome, 26-27 April 1999

 

Table of Contents



I. INTRODUCTION

1. The Sixty-ninth Session of the Committee on Constitutional and Legal Matters (CCLM) was held on 26 and 27 April 1999. All the Members of the Committee, as listed below, were represented:

Czech Republic, Democratic People's Republic of Korea, Dominican Republic, France, Malta, Senegal and the United States of America.

II. ACCEPTANCE OF CREDENTIALS: PRACTICE OF SELECTED ORGANIZATIONS OF THE UN SYSTEM

2. The CCLM recalled that the Council, at its Hundred and Fourteenth Session (November 1997), had mandated the Joint Meeting of the Programme and Finance Committees to review the procedures and methods of work for Conference sessions and requested the Joint Meeting to report to it, at its Hundred and Fifteenth Session, in November 1998, through the CCLM. The Joint Meeting of the Programme and Finance Committees, in May 1998, suggested that the process of validation of credentials be reviewed and the preparatory work on the validation of credentials be carried out, as far as possible before the opening of the Conference by a Credentials Committee nominated by the Council and subject to subsequent confirmation by the Conference. The September 1998 Joint Meeting further noted that the credentials submitted by facsimile could possibly be accepted on the understanding that they would be confirmed by signed credentials.

3. This matter was discussed further by the CCLM at its Sixty-eighth Session. Regarding the form of credentials, the CCLM considered that the Credentials Committee should be allowed a certain degree of flexibility in the light of the practice followed by the United Nations and other agencies of the UN System. The CCLM requested the Secretariat to prepare a paper describing the practice of selected organizations of the UN System with respect to acceptance of credentials for consideration at its next session. The Secretariat contacted the UN, UNESCO, ILO, WHO and IAEA and obtained information from them on the matter.

Rules and present practice in FAO

4. The CCLM noted that, in accordance with Rule III.5 of the General Rules of the Organization and FAO practice, pending the report of the Credentials Committee and the decision on that report by the Conference, all delegations are seated provisionally and are authorized to participate fully in the work of the Conference Session and to vote.

5. Regarding the present practice in FAO, the CCLM noted that the work of the Credentials Committee was based on the following criteria:

  1. Credentials have to be in the form of a document or a letter, bearing the signature, or signed on behalf of, either of the following: The Head of State, the Head of Government, the Minister of Foreign Affairs or the Minister of the Department concerned (Rule III.2 of the General Rules of the Organization).
  2. Letters signed by an Ambassador, Chief of Mission or Chargé d'Affaires which include the phrase "upon instructions from my Government" may be accepted in the absence of the above (decision taken by the Credentials Committee at the Twelfth, Thirteenth and Fourteenth Sessions of the Conference).
  3. "Ordres de Mission" may be accepted as credentials if specific mention is made of the current session of the Conference and they are signed by the Minister concerned.
  4. Cables and Notes Verbales (because they are not signed) are not considered as valid (Decision taken by the Credentials Committee at the Twelfth Session of the Conference).
  5. Faxes: the position is not well defined.

Position of selected organizations of the

UN System on acceptance of credentials

6. The CCLM noted that the rules and practices of the selected organizations are, as a whole, similar to those of FAO. The way the Credentials Committees of the organizations concerned work and the criteria they adopt are comparable.

Participation in the work of Governing Bodies

7. Organizations, as a whole, are flexible on the question of the participation in the work of the Governing Bodies by all registered delegates pending the report of the Credentials Committee. The delegates are seated provisionally and may participate with all rights in the proceedings until the Credentials Committee has reported and the Governing Body concerned has taken its decision.

Practice on definitive seating

8. The UN practice is flexible. In the UN, the Credentials Committee, in its first report, lists only delegations whose credentials are fully and formally in order and thus acceptable. As noted above, other delegations continue to be seated provisionally. In its final report, the Credentials Committee establishes two different lists of countries. The first lists those countries whose delegations have submitted credentials considered to be in order. The second lists those countries whose delegations have submitted "information concerning the appointment of their representatives" which in some way are not yet formally complete, e.g. facsimile communications, letter or note verbale from the Permanent Mission etc. In submitting its report, the Chairman of the Credentials Committee proposes to the General Assembly that the credentials of delegations in both lists be accepted, "on the understanding that formal credentials of representatives of the Member States referred to in the second list would be communicated to the Secretary-General as soon as possible". There is no further report on whether or not such corrective action has been taken.

The timing of the consideration of credentials

9. The CCLM noted that the recommendations of the Programme and Finance Committees as endorsed by the Council to amend the General Rules of the Organization to allow for the nomination of members of the Credentials Committee by the Council, imply a concern that the work of the Credentials Committee be accomplished, and its report made available to the Conference, earlier in the course of the Conference Session. Such amendments, if adopted, would of course change the procedures only for future biennia and would not affect the procedures for the present biennium. They would however raise a concern regarding the timing of the consideration of credentials for future biennia. In this context, it is to be noted from the practice of the other organizations that periodic reports of the Credentials Committee are normally spread out over a substantial part of the session of the Governing Body concerned and that delegates are normally seated on the basis of partial reports and provisional seating pending the final report of the Credentials Committee. Indeed, at least in the case of the United Nations and other organizations following its practice, it appears that there is a strong concern not to preclude Members from exercising their right to participate in the proceedings, including the exercise of their right to vote, on the basis of the formal incompleteness of their credentials. This, of course, is only applicable to situations where there is not some fundamental political issue regarding recognition of a State or Government. It is also to be noted that, in the present practice of the FAO Conference, many important votes are scheduled for the first days of the Conference, including the admission of new Members and the election of the Director-General. For these votes, it has been customary for all delegations registered to be allowed to vote.

Recommended action

10. The CCLM considered the above information and, in providing its guidance to the Council, and through it to the Conference and its Credentials Committee, bore in mind the following considerations:

  1. The apparent desire of FAO Members as expressed in the recommendations of both the Programme and Finance Committees and the Council for more flexibility in the treatment of credentials, for speeding up the work of the Credentials Committee and for recognizing advances in technology;
  2. The need to preserve the integrity of credentials and to ensure that the formal requirements as in force in all organizations of the UN system are not undermined.

11. In view of the above, the CCLM recommended that the present provisions of the General Rules of the Organization regarding credentials should not be amended.

12. With regard to the practice, the CCLM recommended that the Credentials Committee adopt the following approach:

  1. (a) there should be no change to the present flexible approach of allowing delegations to be seated provisionally, even if their credentials are not fully in order pending the final report of the Credentials Committee;
  2. (b) the Credentials Committee should follow the UN practice of listing separately those Members and Associate Members whose credentials are considered as valid (list A) and those Members and Associate Members whose credentials are considered merely as information on their delegations (list B). The report submitted to the Conference, for approval, should include lists A and B, on the understanding that formal credentials of Members and Associate Members referred to in list B would be communicated to the Director-General as soon as possible;
  3. (c) list A would include only Members and Associate Members whose credentials bear the signature, or are signed on behalf of, either of the following: the Head of State, the Head of Government, the Minister of Foreign Affairs or the Minister of the Department concerned in accordance with Rule III.2 of the General Rules of the Organization.
  4. (d) list B would include Members and Associate Members whose credentials are submitted in the form of:
  1. letters signed by an ambassador, chief of mission, or chargé d'affaires, which contain a phrase confirming that they are acting upon instruction from their governments;
  2. "Ordres de Mission" if specific mention is made of the current session of the Conference and if they are signed by the Minister concerned;
  3. Notes Verbales; and
  4. faxes when they are copies of the original credentials;

III. AMENDMENTS TO THE GENERAL RULES OF THE ORGANIZATION:

A. ABOLITION OF THE NOMINATIONS COMMITTEE

B. INTRODUCTION OF ELECTRONIC VOTING

C. VOTING PROCEDURES FOR ELECTIONS

13. The CCLM recalled that, at its Sixty-eighth Session (September 1998), it had reviewed the Secretariat proposals to the Joint Meeting of the Programme and Finance Committees for the review of the procedures and methods of work for Conference Sessions including voting and relevant General Rules of the Organization set out in document JM 98/6 and the recommendations set out in the report of the Joint Meeting of 23 September 1998, and had an extensive exchange of views on the proposals that may require amendments to the Basic Texts of the Organization, in particular the abolition of the Nominations Committee, the introduction of an electronic voting system and the voting procedures for elections.

14. As regards the possible abolition of the Nominations Committee and the transfer of its functions to the Council, the CCLM identified the following provisions of the Basic Texts which would need to be amended: Rules VII.2 and 3, Rule VIII and Rule XXIV.5(b) of the General Rules of the Organization.

15. With respect to the introduction of an electronic voting system, the CCLM considered that this would require amendments to Rule XII.4(c) of the General Rules of the Organization and the introduction of a new Rule 7bis.

16. With respect to the recommendation of the Joint Meeting that no voting should be required when the number of candidates equals the number of vacancies or when there is only one candidate for one post, the CCLM considered that this recommendation would require the amendment of Rule XII. 9(a) of the General Rules of the Organization. The CCLM also considered that the matter should be decided first at the political level especially insofar as the election of the Chairman of the Council, the Director-General and the Members of the Council are concerned. The CCLM was of the opinion that the admission of additional Member Nations should continue to be decided by secret ballot.

17. The CCLM took note of a series of possible amendments to the General Rules of the Organization reflecting the above points. It decided that these possible amendments should be appended to the CCLM report as Appendices A, B and C, reflecting the recommendations on the abolition of the Nominations Committee, the introduction of an electronic voting system, and the voting procedures for elections, respectively1. The CCLM considered that these possible amendments could form the basis for its further discussions on this matter at its next session, in the light of the decisions and recommendations of the Council.

18. The Council, at its Hundred and Fifteenth Session (November 1998), reviewed the procedures and methods of work for Conference Sessions in the light of the proposals of the Joint Meeting of the Programme and Finance Committees and the comments of the CCLM2.

19. The Council "requested the CCLM to continue its examination of the Basic Texts and to submit to the June 1999 Council draft amendments to the General Rules of the Organization and a covering Draft Resolution for the Conference for onward transmission to permit:

  1. The abolition of the Nominations Committee and the transfer of its functions to the Council including designation of the Credentials Committee by the June Session of the Council subject to subsequent confirmation by the Conference.
  2. The introduction of an electronic voting system.
  3. The election of Council Members by clear general consent whenever the number of candidates was equal to the number of vacancies.
  4. The elimination of references to Conference Technical Committees."3

Recommended action

20. The CCLM considered the draft amendments which were attached, as Appendices A, B and C, to the report of its Sixty-eighth Session (September 1998)4, slightly modified the content of Appendix C in order to take into account the guidance given by the Council regarding the appointment of the Chairman of the Council and of the Director-General, the admission of additional Member Nations and Associate Members, and the election of Council Members. The CCLM consolidated the three Appendices into a single text, introduced by a draft Resolution for the Conference.

21. The CCLM examined the draft amendments to the General Rules of the Organization and the covering Draft Resolution for the Conference as set out in Appendix A, and considered them to be in proper legal form and consistent with the Basic Texts of the Organization. The CCLM recommended that such amendments be endorsed by the Council, at its Hundred and Sixteenth Session (in June 1999), and transmitted to the Thirtieth Session of the Conference in November 1999 for adoption.

IV. AMENDMENTS TO RULE VII.1 AND RULE XV.3 OF THE GENERAL RULES OF THE ORGANIZATION: TECHNICAL COMMITTEES OF THE CONFERENCE

22. The CCLM, at its last session in September 1998, had noted that the mechanism of the Technical Committees referred to in Rule VII.1 and Rule XV.3 of the General Rules of the Organization had not been resorted to by the Conference for many years. In this connection, the CCLM requested the Secretariat to prepare a background document outlining the history of these provisions and to consider, at its next session, subject to any guidance from the Council, whether Rule XV.3 and the reference in Rule VII.1 should not be deleted.5

23. The Committee recalled that, the Council, at its Hundred and Fifteenth Session in November 1998, reviewed the procedures and methods of work of the Conference Sessions in the light of the proposals of the Joint Meeting of the Programme and Finance Committees and the comments of the CCLM. The Council, inter alia, requested the CCLM to continue its examination of the Basic Texts and to submit to its next session in June 1999 "draft amendments to the General Rules of the Organization and a covering Draft Resolution for the Conference for onward transmission to permit: ...the elimination of references to Conference Technical Committees".6

24. On the basis of the background document prepared by the Secretariat, the CCLM noted that the Technical Committees were first established by the Conference at its Fifth Session (1949) as seven Panels under Commission II, covering the then seven divisions of FAO.

25. The CCLM further noted that in 1953, 1955, 1959, 1961, 1963 and 1968 certain difficulties arose, particularly with regard to the role of the Technical Committees in relation to the Programme of Work for the ensuing biennia which led to various amendments to the General Rules of the Organization.

26. The CCLM also noted that the Programme Committee, at its Seventeenth Session in May 1970, had examined the question of organization of Conference Sessions also in the light of the recommendations made by the Joint Inspection Unit. In this context, "the Committee gave particular attention to the question of abolishing the Technical Committees of the Conference. In view of the introduction of programme budgeting on the lines contemplated and the need to reduce the duration of the Conference, the Committee was in favour of abolishing Conference Technical Committees. The Committee recognized the need to provide the necessary basis of `technical inputs' into the programming process but considered this could only be effective if provided at an early stage in the biennial cycle. In this connection, the Committee noted the role of technical meetings, consultants, various statutory bodies etc. in feeding `technical inputs' into the secretariat continuously. The Committee also noted the roles of such bodies as COFI and CCP and the proposed Committee on Forestry had created a problem of balance in that there was no comparable Committee to deal with the work of the Agriculture and Economic and Social Departments" (a Committee on Agriculture was then established under Article V of the FAO Constitution in 1971). The Committee also "considered that the Regional Conferences could play an effective and timely role in providing technical inputs relating to the respective regions for consideration in the development of programmes of work".7 The Programme Committee confirmed its recommendation to abolish Conference technical Committees at its subsequent Session in November 1970.8

27. The CCLM took note that the Council, at its Fifty-fifth Session in 1970, studied the comprehensive examination on Technical Committees and Conference Sessions made by the Programme Committee in the light both of the Joint Inspection Unit Report on the FAO Conference Session and of the Director-General's detailed proposal. The Council in essence decided that the session of the FAO Conference would continue to comprise, as heretofore, a plenary meeting and three Commissions and that Commission II would deal primarily with the Program of Work and Budget and the Medium-Term Program, including both Regular Program and Field Activities. The Council also decided that the practice of convening meetings of Technical Committees immediately prior to the Conference session would be discontinued.9

Recommended action

28. In the light of the background provided above, the CCLM considered the elimination of references to Conference Technical Committees in Rules VII.1 and XV.3 of the General Rules of the Organization to be legally acceptable and, consequently, recommended that the amendments set out in the draft Conference Resolution attached as Appendix A be endorsed by the Council, at its Hundred and sixteenth Session (June 1999) and transmitted to the Thirtieth Session of the Conference (November 1999) for adoption.

V. ABOLITION OF THE INDIAN OCEAN FISHERY COMMISSION AND MERGER OF THE COMMITTEE FOR THE DEVELOPMENT AND MANAGEMENT OF FISHERIES IN THE BAY OF BENGAL WITH THE ASIA-PACIFIC FISHERY COMMISSION

29. The CCLM noted that, at its Forty-eighth Session, held from 12 to 23 June 1967, the FAO Council, on the recommendation of the Committee on Fisheries (COFI), adopted Resolution 2/48 by which it established the Indian Ocean Fishery Commission (IOFC) under Article VI.1 of the FAO Constitution and adopted the IOFC Statutes. These statutes provided inter alia that the Commission may establish subsidiary bodies. In fact, over the years, the Commission established the following four committees:

- The Committee for the Management of Indian Ocean Tuna (the Tuna Committee);

- The Committee for the Development and Management of the Fisheries Resources of the Gulfs (The Gulfs Committee);

- The Committee for the Development and Management of Fisheries in the Southwest Indian Ocean (SWIO);

- The Committee for the Development and Management of Fisheries in the Bay of Bengal (BOBC).

Developments regarding the IOFC subsidiary bodies

30. At its Twenty-second Session in March 1997, COFI agreed that FAO regional fishery bodies be reviewed and evaluated by their members to determine measures to be taken to strengthen each body, as appropriate. At its Hundred and Twelfth Session, in June 1997, the Council endorsed the COFI recommendation and stressed the need for effective regional fishery organizations and arrangements. By Resolution 13/97 adopted at its Twenty-ninth Session in November 1997, the Conference decided on the abolition of all working parties of all regional fishery bodies and of most of the sub-committees of bodies created under Article VI of the FAO Constitution.

31. At its Tenth Session, held in New Delhi from 24 to 25 September 1997, BOBC agreed by consensus that it be merged with the Asia-Pacific Fishery Commission (APFIC). At its Twenty-sixth Session, held in Beijing, China, from 24 to 30 September 1998, APFIC agreed that BOBC be merged with the Commission and requested that the Director-General formally request the FAO Council to approve the merger.

32. At its Ninth Session, held in Sharjah, UAE, from 6 to 9 April 1997, the Gulfs Committee suggested that the future of the Committee be reviewed at a high level consultation. A Technical Consultation on the future of the Committee was held in Cairo on 1 December 1997, followed by a technical meeting as provided for in Article XIV.3 (a) of the FAO Constitution. The Technical Meeting on the future of the Committee, held in Teheran from 3 to 5 May 1998, adopted a draft Agreement for the establishment of a new Article XIV body. The draft Agreement will be submitted to the CCLM, for advice, at its next Session (September 1999), and thereafter to the Council, for approval, at its Hundred and Seventeenth Session, in November 1999.

33. At its Seventh Session, held in Mahe, Seychelles, from 29 September to 2 October 1997, SWIO agreed that, in principle, it did not oppose the establishment of an Article XIV body under the FAO Constitution to deal with non-tuna fisheries of common interest to island and mainland States of the Region. Members of the Committee, however, requested sufficient time for their respective governments to consult internally and, in turn, undertook to advise FAO on future arrangements for the Committee.

34. It is recalled that in 1993 the Tuna Committee was superseded by the Indian Ocean Tuna Commission (IOTC), a commission established by an agreement adopted under Article XIV of the FAO Constitution, which has been operational since December 1996.

IOFC recommendation

35. At its Eleventh Session, held in Rome on 17 February 1999, the Indian Ocean Fishery Commission took note of the actions already taken by its subsidiary bodies; it agreed that BOBC be merged with APFIC, encouraged the Gulfs Committee to proceed with the process for its establishment as an Article XIV body under the FAO Constitution and SWIO to take steps for the establishment of an Article XIV body to deal with non-tuna fisheries. It also recognized that, with the establishment of IOTC , the Tuna Committee had become obsolete. In view of these developments, IOFC agreed unanimously to recommend to the FAO Council that it be abolished.

Recommended action

36. The CCLM recommended that the Council:

  1. formally abolish the Indian Ocean Fishery Commission together with all its subsidiary bodies;
  2. approve the merger of BOBC with APFIC, in that the functions of BOBC be absorbed by APFIC;
  3. authorize the Director-General to convene ad hoc meetings of the members of the former Gulfs and SWIO Committees, if so required, in order to complete the process of establishment of the new bodies envisaged and to take such interim action as may be required regarding the management of the fisheries resources of the areas covered by those former committees pending the formal establishment of the new bodies.

37. Consequently, the CCLM recommended that the Draft Resolution, attached hereto as Appendix B, be submitted to the forthcoming session of the Council for adoption.

VI. OTHER MATTERS

38. At its request, the Legal Counsel informed the CCLM on the present status of ratification of the Convention for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, and on the implementation of Commitment 7.4 of the World Food Summit Plan of Action regarding the rights related to food. He also described the Legal Office's activities in the area of food and agriculture legislation. In this connection, the CCLM will be offered, at its next session, information on the activities of the Development Law Service of the FAO Legal Office.


APPENDIX A

DRAFT RESOLUTION FOR THE CONFERENCE

Amendments to the General Rules of the Organization

THE CONFERENCE,

Recalling that the Council, at its Hundred and Fourteenth Session in November 1997, requested the Joint Meeting of the Programme and Finance Committees to review the procedures and methods of work for Conference sessions, including voting and relevant General Rules of the Organization, in order to ensure that those procedures are efficient and time effective whilst protecting the rights of individual members,

Recalling further that the Council, at its Hundred and Fifteenth Session in November 1998, in reviewing the procedures and methods of work for Conference Sessions in the light of the proposals of the Joint Meeting of the Programme and Finance Committees and the comments of the CCLM, requested the CCLM to continue its examination of the Basic Texts and to submit to the June 1999 Council draft amendments to the General Rules of the Organization to permit:

  1. The abolition of the Nominations Committee and the transfer of its functions to the Council including designation of the Credentials Committee by the June Session of the Council subject to formal election by the Conference.
  2. The introduction of an electronic voting system.
  3. The election of Council Members by clear general consent whenever the number of candidates was equal to the number of vacancies.
  4. The elimination of references to Conference Technical Committees.

Noting the recommendation of the Council, at its Hundred and Sixteenth Session in June 1999, that the General Rules of the Organization should be amended as proposed by the CCLM, at its Sixty-ninth Session in April 1999,

Adopts the following amendments to the General Rules of the Organization:*

Rule VII

Nominations

1. The Chairman of the Conference, the Chairmen of the Commissions of the Conference, the three Vice-Chairmen of the Conference, the members of the Credentials Committee and the elected members of the General Committee, provided for by Rule X, paragraph 1 and the Rapporteur on the work of the Committees referred to in Rule XV.3 shall be nominated by the Council.

2. The Nominations Committee, elected by the Council in pursuance of Rule XXIV, paragraph 5(b), shall propose to the Conference nominations for the offices of three Vice-Chairmen of the Conference, for the members of the Credentials Committee and for the elected members of the General Committee, provided for by Rule X, paragraph 1.

3. The Chairman of the Nominations Committee shall be elected by the Committee. He shall have, in relation to meetings of the Committee, the same powers and duties as the Chairman of the Conference has in relation to meetings of the Conference. A majority of the members of the Committee shall constitute a quorum. Decisions in the Committee shall be taken by a majority of the votes cast. No member shall have more than one vote. Meetings of the Committee shall be held in private unless otherwise determined by the Conference.

 

Rule VIII

Election of Chairman and Vice-Chairmen of the Conference and of the members of the Credentials and General Committees

The Conference shall, after consideration of the Report of the Council,  and the Nominations Committee elect:

(a) from the delegations, a Chairman and three Vice-Chairmen;

(b) from the Member Nations:

(i) the Credentials Committee, as provided in Rule III, paragraph 3;
(ii) the seven members of the General Committee to be elected as provided in Rule X, paragraph 1.

 

Rule XII

Quorum and voting arrangements at meetings of Conference and Council

4 ...

(c) Abstentions shall be recorded:

(i) in a vote by show of hands, only for those delegates or representatives who raise their hands in response to the Chairman's request for abstentions;

(ii) in a roll call vote, only for those delegates or representatives who reply "Abstention";

(iii) in a secret ballot, only for such ballot papers deposited in the ballot box as are either blank or marked "Abstention".

(iii bis)in a vote by electronic means, only for those delegates or representatives who indicate "abstention".

...

6. Voting shall be by show of hands, roll call or secret ballot.

7. (a) Subject to the provisions of paragraph 9 of this Rule, a vote by roll call shall be taken either upon request of a delegate or representative, or if a majority of two thirds is required by the Constitution or these Rules. Voting by roll call shall be conducted by calling in English alphabetical order the names of all Member Nations entitled to vote. The name of the first nation to be called shall be designated by lot drawn by the Chairman. The delegate or representative of each Member Nation shall reply "Yes", "No", or "Abstention". At the conclusion of any roll call, the name of any Member Nation whose delegate or representative failed to answer shall be called again. The vote of each Member Nation participating in any vote by roll call shall be inserted in the record of the meeting.

(b) The count and recording of votes by show of hands or by roll call shall be conducted by or under the supervision of the Conference or Council elections officer, appointed by the Director-General in accordance with the terms of paragraph 16 below.

(c) If for two successive ballots by roll call the name of the same nation is drawn, the name of another nation shall be designed by lot or lots drawn by the Chairman.

7bis. When the Conference or Council votes by electronic means, a vote without recording names shall replace a vote by show of hands and a nominal vote shall replace a roll-call. In the case of a nominal vote, the procedure of calling out the names of the members shall not be applicable unless the Conference or Council otherwise decides. The vote of each member participating in a nominal vote shall be inserted in the record.

...

9. (a) The appointment of the Chairman of the Council and of the Director-General, and the admission of additional Member Nations and Associate Members ,and the election of Council Members shall be decided by secret ballot. Other elections shall likewise be decided by secret ballot, except that in the case of an election in which there are not more candidates than vacancies the Chairman may submit to the Conference or Council that the appointment be decided by clear general consent.

(b) Any other matter shall be decided by secret ballot if the Conference or Council so determines.

...

Rule XV

Other committees of the Conference

1. The Conference may appoint, or authorize the appointment of, any temporary or special committee which it deems necessary. Delegates of Associate Members shall have the right to participate in the deliberations of any such committee, but shall not hold office nor have the right to vote.

2. The chairman of any committee set up under this Rule shall be elected by such committee. He shall have, in relation to meetings of the committee, the same power and duties as the Chairman of the Conference has in relation to meetings of the Conference. A majority of the members of the committee shall constitute a quorum. Decisions in the committee shall be taken by a majority of the votes cast. No member shall have more than one vote. A member of the committee who is unable to be present at any meeting may be represented by another member of his delegation. Meetings of the committee shall be held in private, unless otherwise determined by the Conference.

3. The Conference may at any session appoint committees for the consideration of the technical activities of the Organization, to meet prior to the next session of the Conference, at such time as may be determined by the Council. The functions of each such committee shall, within its field of competence, primarily be to:

(a) review the activities of the biennium coming to an end relating to the regular, technical assistance and other programmes;

(b) consider from a technical standpoint the different chapters of the draft programme of work for the ensuing biennium;

(c) consider the trends of the programme of work beyond the ensuing biennium; and

(d) study such items as may be specially referred to it by the Council.

 

Rule XXIV

Functions of the Council

...

5. General

The Council shall:

...

(b) propose candidates for the office of Chairman of the Conference, the   and Chairmen of the Commissions of the Conference, the three Vice-Chairmen of the Conference, the members of the Credentials Committee and the elected members of the General Committee and elect the Nominations Committee of the Conference, consisting of 11 Member Nations;

 

Rule XLII

Arrangements for the Conference

...

2. Member Organizations shall not participate in the Credentials Committee or the General Committee, the Nominations Committee  or the General Committee or any other body of the Conference dealing with the internal working of the Conference as the Conference may decide.

 


APPENDIX B

DRAFT RESOLUTION

ABOLITION OF THE INDIAN OCEAN FISHERY COMMISSION AND ITS SUBSIDIARY BODIES

APPROVAL OF THE MERGER OF THE COMMITTEE FOR THE DEVELOPMENT AND MANAGEMENT OF FISHERIES IN THE BAY OF BENGAL WITH THE ASIA-PACIFIC FISHERY COMMISSION

 

THE COUNCIL,

Recalling that the Indian Ocean Fishery Commission (IOFC) was established under Article VI.1 of the FAO Constitution by Resolution 2/48 adopted by the Council at its Forty-eighth Session;

Noting that the Committee on Fisheries, at its Twenty-second Session in 1997 agreed that FAO regional fishery bodies "should be reviewed and evaluated in depth by their members on a case by case basis, taking full account of regional and membership differences in determining what measures might be taken to facilitate the strengthening of each body as appropriate";

Noting that at its Hundred and Twelfth Session in June 1997, the Council, in adopting the report of the Twenty-second Session of the Committee on Fisheries, stressed the need for effective regional fishery organizations and arrangements and agreed that FAO regional fishery bodies should be reviewed and evaluated with a view to strengthening them;

Noting the recommendation by IOFC, at its Eleventh Session, in February 1999, that IOFC be abolished;

Noting further the wishes expressed by IOFC, at its Eleventh Session, that the Committee for the Development and Management of Fisheries in the Bay of Bengal be merged with the Asia-Pacific Fishery Commission and that the Committee for the Development and Management of the Fisheries Resources of the Gulfs and the Committee of the Development and Management of Fisheries in the Southwest Indian Ocean be established as Article XIV bodies under the FAO Constitution;

Hereby abolishes the Indian Ocean Fishery Commission together with all its subsidiary bodies;

Approves that the functions of the former Committee for the Development and Management of Fisheries in the Bay of Bengal be absorbed by the Asia-Pacific Fishery Commission;

Authorizes the Director-General to convene ad hoc meetings of the members of the former Committee for the Development and Management of the Fisheries Resources of the Gulfs and the former Committee for the Development and Management of Fisheries in the Southwest Indian Ocean, as required, in order to complete the process of establishment of the new bodies envisaged and to take such interim action as may be required regarding the management of the fisheries resources of the areas covered by those former committees pending the formal establishment of the new bodies during the period preceding their formal conversion into Article XIV bodies.


* Words struck out are to be deleted and words underlined are to be inserted.

1  CL 115/5, Appendices A, B and C

2  CL 115/REP para 87 and paras 56-62

3  CL 115/REP para 61

4  CL 115/5, Appendices A, B and C

5  CL 115/5, para 12

6  CL 115/REP, para 61

7  CL 55/3, paras 77-84

8  CL 55/5, paras 40-42

9  CL 55 REP, paras 157-164