CONSTITUTIONAL AND LEGAL MATTERS

FAO’s Immunity from Legal Process¹

262. The Council recalled that, at its Eighty—second Session, it had considered, in the light of the reports of the Finance Committee and the Committee on Constitutional and Legal Matters (CCLM), the implications of a judgement of the Corte di Cassazione, the highest court in Italy. In that judgement, which had become available in October 1982, the Cour t had held that the Italian courts had jurisdiction in a dispute between FAO and the landlords of Building F. The Council had placed on record its serious concern at the immediate and longer —term consequences of the judgement and had adopted Resolution 1/82: reaffirming the sanctity o f Article VIII, Section 16 of the Headquarters Agreement, concerning FAO’s immunity from every form of legal process; indicating certain remedial measures that should be taken; and requestin g the Director—General to keep it informed of the steps taken.

263. Accordingly, the Council was informed of developments since its previous session. It noted, in particular, that:

The Host Government had so far not been able to find a suitable solution with a view to the settlement of the dispute with the landlords out of court, as requested in paragraph 3 of the Resolution: the proceedings in both cases - relating to retroactive increases in rent and to FAO’s eviction from Building F - had been resumed before the lower courts; in the latter case, a judgement had been delivered which, although it did not recognize FAO’s immunity, held that the landlords did not have valid grounds to evict FAO. In the context of the former case, it was possible that the landlords of Building F might, at any time, seek from the courts interlocutory precautionary measures, such as the freezing of FAO’s bank accounts. In addition, three other action-is had been brought against FAO and, in one of them, a judgement had been rendered against the Organization, in spite of the fact that FAO had drawn the Government’s attention to its immunity from legal process.
In accordance with paragraph 5 of the Resolution, the Independent Chairman of the Council had written to the President of the Republic, the Prime Minister and the Minister for Foreign Affairs seeking their help in ensuring that FAO enjoyed the status envisaged under the Headquarters Agreement. The Director—General had also written to the Minister for Foreign Affairs. However, an indication of concrete and expeditious action on the part of the Government to redress the situation was still awaited.
The Finance Committee, at its Fifty—first Session, had noted a considerable deterioration of the situation and had expressed anxiety at the Government’s apparent delay in commencing concrete remedial measures. At the same time, the Committee had taken note of information given by the Ambassador of Italy, relating to certain aspects of the situation.

264. The Representative of Italy repeated the assurances which his Government had given to the Council at its previous session and to the Finance Committee and which were reflected in paragraph 2 of Resolution 1/82. With respect to the immediate threat of measures of execution, he stated that the Organization was fully protected under Sections 16 and 17 of the Headquarters Agreement, and that, furthermore, there were procedures through which the Executive, within whose competence such measures lay, could promptly intervene to prevent their implementation.

265. With respect to action of a legislative nature to ensure that FAO’s immunity was respect ed in the future, the Representative of Italy stated that his Government was now prepared to discuss this matter on its own, rather than as part of the negotiations on the interpretation and application of certain provisions of the Headquarters Agreement as had initially been proposed by the Government.

266. The Council expressed its great concern at the fact that not only had there been no concrete developments with respect to remedying the consequences of the judgement of the Corte di Cassazione, but that, in addition, the situation had deteriorated considerably since its previous session.

267. While noting with appreciation the goodwill and efforts of the Representative of Italy,the Council stressed that confirmation of the categorical assurances given by the Government concerning protection from measures of execution should be provided in writing, as a safeguard in case of any misunderstanding on the part of officials responsible for implementing such measures.

268. The Council, however, recognized •that reliance upon protection front measures of execution was not a satisfactory solution to the overall problem. The Council emphasized the n eed for concrete and expeditious measures of a legislative nature on the part of the Government.Such measures were not a matter for negotiation, and any discussion needed with FAO should be kept entirely separate from negotiations relating to other aspects of the Headquarters Agreement.

269. In the light of the urgency for concrete action to check the deteriorating situation and to secure the Organization’s position in the future, the Council adopted the following resolution:

Resolution 3/83

FAO’S IMMUNITY PROM LEGAL PROCESS

THE COUNCIL

Recallingthat at its Eighty—second Session (November/December 1982) it had been informed of the serious implications of a judgement rendered by the Italian Corte di Cassazione which had declined to recognize the Organizations immunity from legal process provived for inSection 16 of the Headquarters Agreement, in a case brought against the Organization by the landlords of premises known as “Building F”

Recalling further that in its Resolution 1/82 it had welcomed the assurance of the Re presentative of Italy that the Government would “ensure through appropriate executive action th at FAO’s immunity from measures of execution is protected, and that it is ready to take appropr iate remedial action, if necessary through an exchange of letters supported by legislative appr oval, to safeguard the Organization’s immunity”, and that it had requested the Host Government to find a suitable method of solving the disputewith the landlords out of court;

Noting with grave concern that since its Eighty—second Session, the situation had deteri orated and, in particular, that further actions had been brought against FAO, and that more jud gements had been rendered in cases in which FAO had not waived its immunity from legal p1ocess;

Being aware that the landlords of Building F or other third parties could at any time apply to the Italian courts for interlocutory measures that might include the freezing of the Organization’s assets, and that such action as well as any other measure of execution would be a violation of Section 17 of the Headquarters Agreement;

Considering that no concrete measures had yet been taken to give effect to Resolution 1/82;

Urges the Host Government:

to uphold the sanctity of Article VIII, Sections 16 and 17 of the Headquarters Agreement,an d in particular to ensure that FAO’s assets were not frozen;
to take the necessary action with a view to the settlement of the dispute with the landlords of Building F without further recourse to the Italian courts;
to take expeditious measures of a legislative nature, to ensure that in future FAO will be immune from all forms of legal process before the Italian courts;

Requests the Director—General;

to continue to keep the matter under review and to report thereon to its next session, if a ppropriate through the Finance Committee or the CCLM;
to continue to refrain from participating in proceedings before the Italian courts;
to take such action as may be necessary and appropriate to resist any attempt to apply meas ures of execution against FAO and to seek the protection of the Host Government in accordance with the latter’s assurances.

Near East Statutory Bodies¹

– Abolition of the Animal Production and Health Commission in the Near East, the Near East Plant Protection Commission, and the Commission on Horticultural Production in the Near East and North Africa and Establishment of the “Near East Regional Commission on Agriculture” (Res. 4/83)

– Abolition of the Regional Food and Nutrition Commission for the Near East, the Near East Commission on Agricultural Planning, and the Near East Commission on Agricultural Statisti cs and Establishment of the “Near East Regional Economic and Social Policy Commission”.

270. The Council noted with satisfaction that the Director—General’s proposal to establish two new regional commissions, the Near East Regional Commission on Agriculture and the Near East Regional Economic and Social Policy Commission, and to abolish six of the existing Regional Commissions had met with unanimous support from the member countries of the Near East Region. The Council accepted the recommendations made by the Sixteenth FAO Regional Conference for the Near East (Nicosia, Cyprus, October 1982) on this subject in order to ensure a better participation and performance of the Commissions.

271. The Council unanimously adopted the following resolutions:

Resolution 4/83

ESTABLISHMENT OFA NEAR EAST REGIONAL COMMISSION ON AGRICULTURE AND ABOLITION OF THE ANIMAL PRODUCTION AND HEALTH COMMISSION IN THE NEAR EAST,THE NEAR EAST PLANT PROTECTION COMMISSION AND THE COMMISSION ON HORTICULTURAL PRODUCTION IN THE NEAR EAST AND NORTH AFRICA

THE COUNCIL,

Noting that in Resolution 12/79 the Conference had, at its Twentieth Session (1979), requested the Regional Conferences to review carefully the functioning of the regional bodies in their respective regions with a view to determining whether they were functioning effectively ,and to recommend any measures that might be necessary in that connexion;

Noting further that this matter had been examined by the Fifteenth FAO Regional Conference for the Near East (Rome, April 1981) and had been reviewed in depth by the Sixteenth FAO Regional Conference for the Near East (Nicosia, October 1982);

Having considered the recommendations of the Sixteenth FAO Regional Conference for the Near East designed to rationalize and to render more effective the work of the statutory bodies established for the Near East Region;

I.Hereby establishes, under Article VI, paragraph 1 of the Constitution, a Commission to be known as the “Near East Regional Commission on Agriculture”, 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 whose territories are situated wholly or partly in the Near East Region as defined by the Organization. The Commission shall be composed of those eligible Member Nations and Associate Members that notify the Director—General of their desire to be considered as members.

2. Terms of Reference

The terms of reference of the Commission shall be:

to conduct periodic reviews and appraisals of important problems in the Region relating to agriculture, comprising plant production and protection, animal production and health, agricultural services, and research and technology;
to promote the formulation and implementation in the Region of policies and regional and na tional programmes, related to:
1. field food, non—food and horticultural crops, including genetic resources, crop improvement and management, crop protection and pest management, and seed development;
2. animal production and health, including genetic improvement, prevention and control of disease, management and nutrition;
3. agricultural services, including marketing and credit, food and agricultural industries,agricultural engineering and farming systems;
4. agricultural research systems and inter—country cooperation in research;
to promote the transfer and application of proven production technology in support of agricultural development;
to strengthen regional technical cooperation in the exchange of scientific and technical information and experience;
to provide guidance on training and manpower development programmes.

3.Subsidiary bodies

The Commission may establish such subsidiary bodies as may be required for the effective discharge of its functions;
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. Before taking any decision involving expenditure in connexion with the establishment of subsidiary bodies, the Commission shall have before it a report from the Director—General on the administrative and financial implications thereof.

4. Reporting

The Commission shall submit to the Director—General reports on its activities and recommendations at appropriate intervals so as to enable the Director—General to take them into consideration when preparing the draft Programme of Work and Budget of the Organization. The Director—General shall bring, to the attention of the Conferene through the Council any recommendations adopted by the Commission which have policy implications or which affect the programme or finances of the Organization. Copies of each report of the Commission will be circulated to Member Nations and Associate Members of the Organization and international organizations for their information as soon as they become available

5. Secretariat and Expenses

The Secretary of the Commission shall be appointed by the Director—General and shall be 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;
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.

6. Observers

Any Member Nation or Associate Member of the Organization that is not a member of the Commission but has an interest in the work of the Commission may, upon its request, be invited by the Director—General to attend meetings of the Commission or its subsidiary bodies in an observer capacity;
States which, while not Member Nations or Associate Members of the Organization, are members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon their request and with the approval of the Council of the Organization, be invited to attend meetings of the Commission or its subsidiary bodies in an observer capacity in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.

7. Participation of International Organizations

Participation of international organizations in the work of the Commission and relations between the Commission and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of the Organization, as well as the rules on relations with international organizations adopted by the Conference of the Organization.

8.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.

II. Hereby abolishes the following commissions that had been established under Article VI, paragraph 1, of the Constitution:

– Animal Production and Health Commission in the Near East;

– Near East Plant Protection Commission;

– Commission on Horticultural Production in the Near East and North Africa

Resolution 5/83

ESTABLISHMENT OF A NEAR EAST REGIONAL ECONOMIC AND SOCIAL POLICY CONMISSION AND ABOLITION OF THE REGIONAL FOOD AND NUTRITION COMMISSION FOR THE NEAR EAST, THE NEAR EAST COMMISSION ON AGRICULTURAL PLANNING, AND THE NEAR EAST COMMISSION ON AGRICULTURAL STATISTICS

THE COUNCIL,

Noting that in Resolution 12/79 the Conference had, at its Twentieth Session (1979),requested the Regional Conferences to review carefully the functioning of the regional bodies in their respective regions with a view to determining whether they are functioning effectively, and to recommend any measures that might be necessary in that connexion;

Noting further that this matter had been examined by the Fifteenth FAO Regional Conference for the Near East (Rome, April 1981) and had been reviewed in depth by theSixteenth FAO Regional Conference for the Near East (Nicosia, October 1982);

Having considered the recommendations of the Sixteenth FAO Regional Conference for theNear East designed to rationalize and to render more effective the work of the statutory bodies established for the Near East Region;

I.Hereby establishes, under Article VI, paragraph 1 of the Constitution, a Commissionto be known as the “Near East Regional Economic and Social Policy Commission”, the Statutes of which shall be as follows:

1. Membership

The Commission shall be open to all Member Nations and Associate Members of the Organizations whose territories are situated wholly or partly in the Near East Region as defined by the Organization. The Commission shall be composed of those eligible Member Nations and Associate Members that notify the Director—General of their desire to be considered as members.

2. Terms of Reference

The terms of reference of the Commission shall be:

to keep under review developments in the Region relating to food and agriculture, including the supply and demand situation and the long—term perspectives of the regional food and agricultural sector;
to keep under review the food security situation in the Region and promote collective self—reliance and joint programmes, including a review of the Region’s agricultural trade;
to review and recommend policies and strategies in the Region relating to agrarian reform and rural development, especially in the context of the objectives and strategies contained in the Declaration of Principles and Programme of Action adopted by the World Conference on Agrarian Reform and Rural Development, and including such matters as the promotion of people’s participation in development, examination of land tenure conditions in the Region, integration of women in food and agricultural development activities, and support to agricultural extension, training and education;
to review and exchange information and experience on food and nutrition policies and programmes in the Region, as well as to assist in the analysis, formulation and execution, follow—up and evaluation of nutrition programmes;
to review and exchange information and experience on agricultural planning and on the problems encountered in the formulation, execution, follow—up and evaluation of such plans in the countries of the Region;
to provide guidance to member countries regarding training programmes and facilities required for improving agricultural planning, and to assist these countries in arranging national tra ining centres;
to promote and develop food and agricultural statistics, including periodic agriculture censuses and food consumption surveys, the development of methodology, and statistical training programmes appropriate to the Region.

3. Subsidiary bodies

The Commission may establish such subsidiary bodies as may be required for the effective discharge of its functions;
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. Before taking any decision involving expenditure in connexion with the establishment of subsidiary bodies, the Commission shall have before it a retort from the Director—General on the administrative and financial implications thereof.

4. Reporting

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. Copies of each report of the Commission will be circulated to Member Nations and Associate Members of the Organization and international organizations for their information as soon as they become available.

5. Secretariat and Expenses

The Secretary of the Commission shall be appointed by the Director—General and shall be 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;
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.

6. Observers

Any Member Nation or Associate Member of the Organization that is not a member of the Commission but has an interest in the work of the Commission may, upon its request, be invited by the Director—General to attend meetings of the Commission or its subsidiary bodies in an observer capacity;
States which, while not Member Nations or Associate Members of the Organization, are members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon their request and with the approval of the Council of the Organization, be invited to attend meetings of the Commission or its subsidiary bodies in an observer capacity in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.

7. Participation of International Organizations

8. Rules of Procedure

II. Hereby abolishes the following commissions that had been established under Article VI, paragraph 1, of the Constitution:

– Regional Food and Nutrition Commission for the Near East;

– Near East Commission on Agricultural Planning;

– Near East Commission on Agricultural Statistics.

Invitations to Non—Member Nations to attend FAO Sessions ³

272. The Council took note of the invitations issued by the Director—General on request to Non—Member Nations to attend FAO sessions in accordance with paragraphs B—1 and B—2 of the “Statement of Principles relating to the Granting of Observer Status to Nations” ⁴ and agreed to the request of the USSR to attend in an observer capacity the Fifteenth Session of the Committee on Fisheries which would take place in Rome from 10 to 19 October 1983.

Changes in Representation of Member Nations on the Programme Committee ⁵

273. In accordance with Rule XXVI—4(a) of the General Rules of the Organization, the Council as informed, and took note of the qualifications and experience of the substitute representative of the Government of France on the Programme Committee.

¹ CL 82/REP, paras. 200 — 218; CL 83/4, paras. 3.93 — 3.98; CL 83/23; CL 83/PV/16; CL 83/PV/l8.

² CL 83/13; CL 83/PV/16; CL 83/PV/l8.

³ CL 83/INF/8; CL 83/PV/i6; CL 83/PV/i8.

⁴ See Basic Texts, Volume II, Section L.

⁵ CL 83/INF/10; CL 83/PV/l6; CL 83/PV/l8.