| CCLM 72/3
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| CCLM 72/3
|
COMMITTEE ON CONSTITUTIONAL AND LEGAL MATTERS |
Seventy-second Session |
Rome, 8-9 October 2001 |
AGREEMENT WITH THE ARAB ORGANIZATION FOR AGRICULTURAL DEVELOPMENT |
1. The Arab Organization for Agricultural Development (hereinafter referred to as "AOAD") was established, under an agreement approved by the Council of the League of Arab States on 11 March 1970, with the purpose of (1) developing natural and human resources in the agricultural sector and improving the means and methods of exploiting these resources on scientific bases; (2) increasing agricultural productive efficiency and achieving agricultural integration between the Arab States and countries; (3) increasing agricultural production with a view to achieving a higher degree of self-sufficiency; (4) facilitating the exchange of agricultural products between the Arab States and countries; (5) enhancing the establishment of agricultural ventures and industries; and (6) increasing the standards of living of the labour force engaged in the agricultural sector. The AOAD Members are all the twenty one Members of the Arab League.
2. In January 1974, an Agreement was concluded, under the terms of an exchange of letters, between FAO and AOAD. The letters exchanged are attached hereto, as Appendix I. Over the years, the cooperation between the two organizations developed and covered a large range of fields of cooperation in agriculture with exchange of information, consultation and exchange of experience on studies and projects, participation in meetings, organization of joint programmes and studies, setting up of a liaison mechanism with the Regional Office for the Near East in Cairo as well as the use of personnel and exchange of scientific material.
3. However, this extended cooperation between the two organizations did not exclude shortcomings and difficulties. This led FAO and AOAD to the conclusion that the Agreement of 1974 had to be renegotiated with a view to elaborating a more structured framework of cooperation that, at the same time, would improve effective collaboration between the two organizations at the working level and would prevent the recurrence of similar difficulties in future activities.
4. Article XIII of the FAO Constitution provides for cooperation with international organizations. In particular, paragraph 1 thereof states as follows:
"In order to provide for close cooperation between the Organization and other international organizations with related responsibilities, the Conference may enter into agreements with the competent authorities of such organizations, defining the distribution of responsibilities and methods of cooperation."
Draft Text of the Agreement
5. The text attached as Appendix II hereto has been agreed with the AOAD Secretariat.
6. It will be noted that the draft Agreement is quite developed and that the objective is to enhance and reinforce the existing close relationship between AOAD and FAO. The specific areas of cooperation envisaged between the two organizations are detailed. They include: natural resources inventory using geographic information systems; regional activities in animal and plant protection, including integrated pest management; irrigation; rangeland development and improvement; women in rural development; planning and training institutions for policy analysis and management of the agricultural sector; Special Programme for Food Security and technical cooperation among developing countries that are Member States of both AOAD and FAO. AOAD and FAO shall consult on all these matters that are of common interest to them. Provision is made for reciprocal representation. FAO may participate, as observer, in the sessions of the AOAD Specialized Commissions and at technical conferences or meetings at which questions of interest to FAO are to be discussed. AOAD may participate in all sessions of the FAO Conference and the FAO Council and at other relevant conferences and meetings held under the auspices of FAO in which Member States of AOAD participate. AOAD and FAO may also agree to convene joint meetings concerning matters of interest to both organizations and decide upon joint action with a view to attaining objectives of common interest. Moreover it is provided that AOAD and FAO may set up joint commissions, committees or other bodies. It is also provided that FAO will give due consideration to requests for technical assistance made by AOAD. Finally the Draft Agreement states that joint studies may be undertaken by AOAD and FAO and joint programmes established between them and that requests for aid from States to either organization may be the subject of consultations between the two organizations.
Conference Resolution No. 69/59: Guiding lines regarding relationship between FAO and Intergovernmental Organizations (Part N of the Basic Texts)
7. In considering the draft Agreement, the attention of the CCLM is drawn to the guidelines for formal relationship agreements between FAO and other intergovernmental organizations which are set out in the Appendix to Conference Resolution 69/59.
8. Section A of the guiding lines requires that the intergovernmental organization should have been set up by an intergovernmental convention, that the governing bodies be composed of members designated by governments and that the income of the organization should be made up mainly of contributions from governments. These requirements are met by the Agreement establishing the Arab Organization for Agricultural Development.
9. Section B of the guiding lines also sets out provisions regarding the desirability of concluding formal agreements. The legal factors required in paragraph 1 of Section B should be inherent in the organization with which FAO concludes the Agreement. All of these factors are present in AOAD.
10. Paragraph 2 of Section B sets out factors relating to cooperation with FAO, most of which are matters of policy rather than law. With regard to the administrative and financial implications of the Agreement for FAO, this would be covered by the regular programme of the Agriculture Department which has collaborated very closely with AOAD from its inception.
11. Finally, with respect to the scope and method of cooperation as set out in Section C, whilst the Agreement as formulated is intended to provide a broad framework for cooperation, it does include specific provision for extension of the scope for cooperation, as appropriate.
12. The CCLM is requested to review the text of the draft Agreement to ensure that it is in conformity with the FAO Constitution and Conference Resolution 69/59. The draft will then be submitted to the Council at its Hundred and Twenty-first Session in October 2001 for approval and subsequently to the Conference at its Thirty-first Session in November 2001 for confirmation.
17 January 1974
Dear Mr. Stino,
I have the honour to refer to the relevant exchange of correspondence and our subsequent discussions in Khartoum on Wednesday 16 January 1974 on possible avenues for closer cooperation between FAO and the Arab Organisation for Agricultural Development of the League of Arab States. The pursuit of such objectives leading to the promotion of agricultural development in the Member Countries of the Arab Organisation for Agricultural Development, indeed, call for the establishment of strong working relationships between our two organisations.
It gives me great pleasure to support our agreement that the above objectives will be achieved through the coordination of our respective efforts and by working jointly, where appropriate, on the following lines:
Exchange of information and documentation on matters of common interest;
Consultation and exchange of experience in appropriate cases on studies and projects planned or carried out by either Organisation in the territory of States Members of both Organisations, particularly in the fields of agricultural planning and development but also in all other fields of agriculture including forestry and fisheries;
Participation, in an observer capacity and on invitation, in regional, technical or general meetings convened by either organisation on matters of mutual interest;
Carrying out of joint programmes and studies, for the identification, formulation, appraisal and evaluation of projects, where desirable and mutually agreeable, with the possible participation of other international organisations serving the Arab-speaking members of both organisations;
Establishment of a joint permanent mechanism between the FAO Near East Regional Office, which shall be the liaison body between the two organisations, and the Arab Organisation for Agricultural Development for regular review of matters of mutual interest to Member Countries of both organisations;
Mutual use of the services of personnel for short durations as may be agreed upon;
Exchange of scientific material leading to the adoption of new technology, including breeding material, germplasm and certified seeds.
Looking towards an even richer association in the future, please accept, Your Excellency, the assurance of my high consideration.
Yours sincerely,
A. H. Boerma
Director-General
Food and Agriculture Organization
of the United Nations
Khartoum, 19 January 1974
Dear Mr. Boerma,
I have the honour to refer to the relevant exchange of correspondence and our subsequent discussions in Khartoum on Wednesday 16 January 1974 on possible avenues for closer cooperation between FAO and the Arab Organization for Agricultural Development of the League of Arab States. The pursuit of such objectives leading to the promotion of agricultural development in the Member Countries of the Arab Organization for Agricultural Development, indeed, call for the establishment of strong working relationships between our two organizations.
It gives me great pleasure to support our agreement that the above objectives will be achieved through the coordination of our respective efforts and by working jointly, where appropriate, on the following lines:
Looking forward to an even richer association in the future, please accept, Your Excellency, the assurance of my highest consideration.
Yours sincerely,
Kamal Ramzi Stino,
Director-General
Arab Organization for Agricultural Development
The Arab Organization for Agricultural Development and the Food and Agriculture Organization of the United Nations,
Recalling that the Arab Organization for Agricultural Development (hereinafter referred to as "AOAD") was established with the purpose of: (1) developing natural and human resources in the agricultural sector, and improving the means and methods of exploiting these resources on scientific bases; (2) increasing agricultural productive efficiency and achieving agricultural integration between the Arab States and countries; (3) increasing agricultural production with a view to achieving a higher degree of self-sufficiency; (4) facilitating the exchange of agricultural products between the Arab States and countries; (5) enhancing the establishment of agricultural ventures and industries; and (6) increasing the standards of living of the labour force engaged in the agricultural sector;
Recalling also that the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO") was established for the purpose of raising levels of nutrition and standards of living of the peoples, securing improvements in the efficiency of the production and distribution of all food and agricultural products, bettering the conditions of rural populations, and thus humanity's freedom from hunger;
Recalling that AOAD and FAO have been cooperating in matters pertaining to, or connected with, food and agriculture in Africa and the Middle East under the terms of an Agreement in the form of an Exchange of Letters of 17 and 19 January 1974;
Realizing that, in light of the experience gained, it is in the interest of both organizations to reinforce and improve the legal and institutional framework for their cooperation;
Being desirous of coordinating their efforts in Africa and the Middle East with a view to achieving their common aims within the framework of the United Nations Charter, the Charter of AOAD and the Constitution of FAO;
Have agreed as follows:
Article I
Cooperation
1. AOAD and FAO agree to cooperate with each other through their appropriate organs with respect to all matters of common interest that arise in the fields of food and agriculture. Specific areas of cooperation may include:
2. FAO and AOAD shall, as far as possible and in conformity with their constitutional or charter instruments and decisions of their competent bodies, give due consideration to requests for technical assistance made by either FAO or AOAD.
3. FAO and AOAD shall give due consideration to requests to enlist political, technical and financial support for the goals and objectives of both FAO and AOAD, in particular in their fora convened in Member States of both organizations.
Article II
Mutual consultation
1. AOAD and FAO shall consult on all the matters mentioned in Article I that are of common interest to them.
2. AOAD shall inform FAO of any plans for the development of its activities in the fields of food and agriculture. It shall consider any proposals concerning such plans as may be made to it by FAO, with a view to securing effective coordination between the two oganizations and avoiding duplication of activities.
3. FAO shall inform AOAD of any plans for the development of its activities in the fields of food and agriculture. It shall consider any proposals concerning such plans as may be made to it by AOAD with a view to securing effective coordination between the two organizations and avoiding duplication of activities.
4. When circumstances so require, AOAD and FAO shall engage in consultations with a view to selecting the best means for ensuring that their activities in matters of common interest are fully effective.
Article III
Reciprocal representation
1. AOAD shall invite FAO to be represented at sessions of its Specialized Commissions and at technical conferences or meetings, at which questions of interest to FAO are to be discussed. The observer representing FAO may participate without vote in the deliberations of such sessions, conferences or meetings with respect to matters in which FAO is interested.
2. FAO shall invite AOAD to be represented at all sessions of the FAO Conference and the FAO Council and at other relevant conferences and meetings held under the auspices of FAO in which Member States of AOAD participate. The observer representing AOAD may participate without vote in the deliberations of such sessions, conferences or meetings with respect to matters in which AOAD is interested.
Article IV
Meetings
1. AOAD and FAO may, in appropriate cases, agree to convene under their auspices, according to arrangements to be made in each particular case, joint meetings concerning matters of interest to both organizations. The manner in which measures proposed by such joint meetings may be put into effect will be determined by the two organizations.
2. In appropriate cases, meetings convened by one organization may call for the cooperation and participation of the other organization. The scope of such cooperation and participation will be subject to arrangements in each case, taking into account any relevant resolution approved by the organization responsible for the convening of the meeting.
Article V
Joint action
1. AOAD and FAO may, through special arrangements, decide upon joint action with a view to attaining objectives of common interest. These arrangements shall define in detail all modalities for such joint action and specify the financial commitments, if any, that each of the parties is to assume.
2. AOAD and FAO may, when they consider it desirable, set up joint commissions, committees or other bodies, on conditions to be mutually agreed in each case, to advise them on matters of common interest.
3. The Executive Heads of AOAD and FAO may, at their request, be invited to address each other's Governing Bodies on issues related to food and agricultural development in Africa and the Middle East.
Article VI
Assistance in technical, research and in other related fields
1. Joint requests for aid from two or more Member States to either organization may, if the Governments concerned so request, be the subject of consultations between the two organizations.
2. Joint studies may be undertaken by AOAD and FAO and joint programmes established between them.
Article VII
Statistical and legislative information
AOAD and FAO will concert their efforts to obtain the best use of statistical and legislative information and to ensure the most effective utilization of their resources in the assembling, analysis, publication and diffusion of such information, in particular in the Arabic language, with a view to reducing the burden on the Governments and other organizations from which such information is collected.
Article VIII
Exchange of information and documents
1. Subject to such arrangements as may be necessary for the safeguarding of classified material, AOAD and FAO shall arrange for the fullest exchange of information and documents concerning matters of common interest.
2. AOAD shall be kept informed by FAO of developments in the latter's work which are of interest to AOAD.
3. FAO shall be kept informed by AOAD of developments in the latter's work which are of interest to FAO.
Article IX
Administrative arrangements
The Director-General of AOAD and the Director-General of FAO shall make appropriate administrative arrangements to ensure effective cooperation and liaison between the Secretariats of the two organizations.
Article X
Implementation of the agreement
1. The Director-General of AOAD and the Director-General of FAO shall consult with each other on questions arising out of the present Agreement.
2. The Director-General of AOAD and the Director-General of FAO may make such supplementary administrative arrangements for the implementation of this Agreement as may appear desirable in the light of experience.
Article XI
Entry into force, amendment and termination
1. As soon as it has been approved by the appropriate Governing Bodies of AOAD and FAO, the present Agreement shall be signed by the appointed representatives of the two organizations and shall enter into force on the date of such signature.
2. The terms of this Agreement may be amended by mutual agreement.
3. Either of the parties may terminate this Agreement by giving six months' written notice to the other party.
Done in duplicate, in the English and the French languages, both texts being equally authentic.
| For the Arab Organization for Agricultural Development |
For the Food and Agriculture Organization of the United Nations |
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|
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| Name: Dr. Salem Al-Lozi Title: Director-General |
Name: Dr. Jacques Diouf Title: Director-General |
| Date: | Date: |
