F. Agreement between the food and agriculture organization of the united nations and the desert locust control organization for eastern Africa
The Desert Locust Control Organization for Eastern Africa (hereinafter referred as " the DLCO for EA " ), established by Convention between the Governments of Ethiopia, France, the Somali Republic, Tanganyika, and of Kenya and Uganda acting with the authority and consent of the Government of Great Britain and Northern Ireland
And the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO,")
Desiring to co-ordinate their efforts in the promotion of control and research of the desert locust in the light of the Constitution of FAO, and of the Convention for the establishment of the DLCO for EA (hereinafter referred to as "the Convention")
Considering that Article IV, paragraph 11 of the Convention provides for close co-operation with FAO, and for the co-ordination of activities in the field of locust control
Have agreed as follows:
PURPOSE OF THE AGREEMENT
1. The purpose of the Agreement shall be to ensure cooperation between FAO, and DLCO for EA by consultation, co-ordination of effort, mutual assistance and joint action in fields of common interest in accordance with the objectives and principles of FAO, and the DLCO for EA.
2. Arrangements shall be made between the Contracting Parties concerning mutual assistance and joint action. Such arrangements shall carefully define the manner and extent of participation by each Party and shall specify the financial commitment, if any, that each Party is to assume.
1. The DLCO for EA shall be invited to send an observer to sessions of appropriate FAO, bodies dealing with desert locust control.
2. FAO, shall be invited by DLCO for EA to send an observer to the regular sessions of its Council and may also be invited to special sessions of the Council.
EXCHANGE OF INFORMATION
1. The Director-General of FAO, and the Director of the DLCO for EA shall keep each other fully informed of all pro grams of work and projected activities of their respective organizations which may be of mutual interest.
2. the DLCO for EA shall keep FAO, fully informed, by means of monthly reports, of the infestations of desert locusts in the region as defined in the Convention and shall transmit to FAO, any other reports regarding the technical activities of DLCO for EA.
3. FAO, shall supply to the DLCO for EA all appropriate documents pertaining to the desert locust which are circulated by FAO, to its Member Nations and Associate Members and to its desert locust bodies, as well as any other relevant FAO, publications.
CO-ORDINATION AND CO-OPERATION
1. In the interests of co-ordination of desert locust control activities in the region as defined by the Convention, FAO, in implementing its activities and programs in the said region, shall give due consideration to the functions of the DLCO for EA.
2. Co-operation by the DLCO for EA in the locust control activities of governments not signatories to the Convention shall, as appropriate and as far as possible, be effected through FAO.
1. The DLCO for EA undertakes to provide in advance the funds necessary to meet the expenses which, apart from the financial commitments referred to in Article I.2 above may be incurred by FAO, in the implementation of this Agreement. To this effect the DLCO for EA shall pay each year, into a Trust Fund to be established by the Director-General of FAO, an amount to be determined annually by mutual agreement between the two parties. The Trust Fund will be administered by the Director-General of FAO, in accordance with the Financial Regulations of FAO.
FUTURE CO-ORDINATION OF REGIONAL AND INTERNATIONAL ACTION
1. FAO, and the Council of DLCO for EA shall give clue consideration to the possibility of bringing, at an early date, the DLCO for EA within the framework of FAO under the relevant provisions of the FAO, Constitution, SO as to secure the control of the desert locust and research in this field on a wider international basis.
2. Any recommendation or resolution formulated on this subject by the Council of the DLCO for EA should be transmitted d to the Director-General of FAO, for consideration and possible action by the Director-General, the Council or the Conference of FAO, as may be appropriate.
The present Agreement may be terminated by either Party by giving one year's notice of such termination. It shall automatically lapse as the result of the conclusion of an international agreement as envisaged in Article VI.1 of the present Agreement.
The present Agreement may be amended by mutual consent of the Contracting Parties.
ENTRY INTO FORCE
The present Agreement shall come into force on approval by the Council of DLCO for EA and the Council of FAO, subject to confirmation by the Conference of FAO,
G. Amendments to article VI of the constitution
COMMISSIONS, COMMITTEES, CONFERENCES, WORKING PARTIES AND CONSULTATIONS
1. The Conference or Council may establish commissions, the membership of which shall be open to all Member Nations and Associate Members, or regional commissions open to all Member Nations and Associate Members whose territories are situated wholly or in part in one or more regions, to advise on the formulation and implementation of policy and to co-ordinate the implementation of policy. The Conference or Council may also establish, in conjunction with other intergovernmental organizations, joint commissions open to all Member Nations and Associate Members of the Organization and of the other organizations concerned, or joint regional commissions open to Member Nations and Associate Members of the Organization and of the other organizations concerned, whose territories are situated wholly or in part in the region.
2. The Conference, the Council, or the Director-General on the authority of the Conference or Council, may establish committees and working parties to study and report on matters pertaining to the purpose of the Organization and consisting either of selected Member Nations and Associate Members or of individuals appointed in their personal capacity because of their special competence in technical matters. The Conference, the Council, or the Director-General on the authority of the Conference or Council may, in conjunction with other intergovernmental organizations, also establish joint committees and working parties, consisting either of selected Member Nations and Associate Members of the Organization and of the other organizations concerned or of individuals appointed in their personal capacity.
[Such individuals shall be designated either by the Conference, the Council, selected Member Nations or Associate Members or by the Director-General, as decided by the establishing authority.] The selected Member Nations and Associate Members shall, as regards the Organization, be designated either by the Conference or the Council or by the Director-General if so decided by the Conference or Council. The individuals appointed in their personal capacity shall as regards the Organization, be designated either by the Conference, the Council, selected Member Nations or Associate Members, or by the Director-General, as decided by the Conference or Council.
3. The Conference, the Council, or the Director-General on the authority of the Conference or Council shall determine the terms of reference and reporting procedures, as appropriate, of commissions, committees and working parties [so] established by the Conference, the Council, or the Director-General as the case may be. Such commissions and committees may adopt their own rules of procedure and amendments thereto, which shall come into force upon approval by the Director-General subject to confirmation by the Conference or Council, as appropriate. The terms of reference and reporting procedures of joint commissions, committees and working parties established in conjunction with other intergovernmental organizations shall be determined in consultation with the other organizations concerned.
H. Report of commission III on exclusion from membership in the organization
On 18 July 1963, the Director-General circulated to all Member Nations and Associate Members the text of a communication whereby the Government of Ghana proposed that Article II of the Constitution be amended to include the following new section:
"If a Member Nation or an Associate Member Nation breaks or continues to break, in a persistent way, the principles enunciated in the Constitution of FAO, that Member Nation or Associate Member Nation shall be excluded from membership of FAO, by decision of the Conference by two-thirds majority of votes cast, provided that such majority shall represent one half of the Member Nations of the Organization present."
This proposal having been presented in conformity with the requirements of the Constitution, the Conference decided to place it on the agenda of its Twelfth Session as Item 19 (a) (i) and referred it to the Commission on Constitutional and Administrative Matters.
After careful consideration of the matter, the Commission now has the honor to submit the following report.
1. The proposal from the Government of Ghana consists in adding a paragraph to an Article of the Constitution. It therefore comes under Article XX.1 which provided that the Conference may amend the Constitution "by a two-thirds majority of the votes cast, provided that such majority is more than one half of the Members of the Organization."
2. The first action of the Commission was to analyze the text of the amendment proposed by Ghana. Several minor drafting modifications were suggested which the Commission approved without opposition, so that the text now reads as follows:
"A Member Nation or an Associate Member, which has persistently violated the principles contained in the Preamble of the present Constitution, may be excluded from membership of the Organization by the Conference by a two-thirds majority of the votes cast provided that such majority is more than one half of the Member Nations of the Organization."
3. Several delegations then jointly moved that the amendment proposed by the Government of Ghana be further amended by the addition of the following paragraph:
"The foregoing provision applies to States Members of FAO, which are also Members of the United Nations only if they have already been excluded from the United Nations Organization."
4. However, the Ghanaian delegation and a substantial proportion of the delegations represented in Commission III were not prepared to accept this additional paragraph, on the grounds that it carried the matter outside the constitutional competence of the FAO, Conference.
5. On the other hand, the delegations which had proposed it and some other delegations indicated that they would not accept the amendment from Ghana without the additional paragraph, because they considered that questions of expulsion should be dealt with in the first instance by the principal political organs in the United Nations.
6. A working party was established to seek a compromise solution, but it was unable to find sufficient common ground for a meeting of minds as set forth in the report of the Chairman of the Working Party (document C 63/LIM/46).
7. After further discussion in Commission III, the opinion was expressed by certain delegations that the additional paragraph was not receivable under the terms of the 120-day rule contained in Article XX of the Constitution on the grounds that it was a substantive modification of Ghana's original proposal.
8. On request, the Legal Counsel gave the opinion that if the additional paragraph substantially modified the Ghanaian amendment it would not be receivable. However, he declared that the additional paragraph only affected the methods whereby a Member Nation could be expelled from the Organization; that it did not alter either the objective or the substance of the Ghanaian proposal and that it was therefore his opinion that it was receivable.
9. The Chairman having given a ruling in favor of receivability, this ruling was challenged on the grounds that it was for the Conference to interpret the Constitution. And a vote was requested on the question of whether or not the additional paragraph was receivable.
10. The results of the vote were 44 votes against receivability, 35 in favor and 3 abstentions. The Commission thus decided that it did not consider the additional paragraph receivable.
11. The Commission then proceeded to vote on the Ghanaian proposal as set out in paragraph 2 above. Fifty-two delegates voted in favor of this proposal, 28 against and 2 abstained.
12. In conclusion, the Commission recommends for adoption the proposed amendment submitted by Ghana.