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VII. Constitutional and legal matters

A. Composition and Terms of Reference of the Council, Programme Committee, Finance Committee and CCLM
B. Amendments to the FAO Constitution and General Rules of the Organization
C. Statutory Report on Status of Conventions and Agreements and on Amendments thereto
D. Agreement concerning Relations with the World Food Council
E. Agreement concerning relations with the International Fund for Agricultural Development
F. Granting of Official Status to International Governmental and Non-Governmental Organizations
G. Amendments to the Financial Regulations
H. Amendments to Conventions concluded Under Article XIV of the FAO Constitution

A. Composition and Terms of Reference of the Council, Programme Committee, Finance Committee and CCLM

280. The Conference noted that the Working Party on the Composition and Terms of Reference of the Council, the Programme Committee, the Finance Committee and the Committee on Constitutional and Legal Matters, set up by the Council as its Sixty-Eighth Session (November 1975), had submitted recommendations to the Council on the composition of the Programme Committee and the Finance Committee. At its Seventy-First Session (June 1977) the Council had endorsed the Working Party's recommendations and had agreed to submit the following recommendations for consideration by the Conference:

281. The Council had also requested the Committee on Constitutional and Legal Matters (CCLM) to prepare the amendments to the Basic Texts that would be required to give effect to the above recommendations, and, after examining the question, the CCLM had submitted its observations and also draft amendments to Rules XXVI and XXVII of the General Rules of the Organization (GRO) to the Council at its Seventy-Second Session. After a brief exchange of views, the Council had decided that there was insufficient time for a full discussion of the complex questions involved, and that the draft amendments along with the views expressed during its deliberations should be referred to the Conference for consideration.

282. The Conference first considered the recommendations as adopted by the Council at its Seventy-First Session, and endorsed them with the modifications and observations set out below.

283. The Conference agreed with the Council's recommendation that the Programme and Finance Committees should be composed of Member Nations, rather than individuals appointed in their personal capacity as heretofore, taking into account the need for equitable geographical distribution of the members of each Committee. Many delegations stressed the importance of these Committees, and their advice to the Council especially on such fundamental matters as the programmes to be undertaken by the Organization and their financial implications. As such, delegates felt that it was essential to have the views of both developed and developing countries from the different regions.

284. The Conference also recognized that if the work of the Programme and Finance Committees was to be effective, it was imperative that Member Nations be represented by persons with the qualifications and experience that would allow them to make a substantial contribution to the Committees' work. The Conference therefore agreed that, before elections were held, Member Nations should indicate the name of the representative whom they would appoint if they were elected. In addition, the proposed representative's curriculum vitae should be communicated to the Secretary-General of the Conference and Council not later than ten days before the opening date of the Council Session at which the election was to be held. The Conference decided that the aforementioned time limit would not apply to the elections to be held at the Council Session that would immediately follow its current Session.

285. The Conference noted the views expressed by the CCLM and the Council relating to the question of the substitution of representatives in the event that they were temporarily or permanently prevented from exercising their functions. The Conference decided that a Member Nation that was a Member of the Committee should be allowed to substitute its representative, but that substitutes should be equally well qualified. The Conference also agreed that the curriculum vitae of a substitute representative should be communicated to the following session of the Council. Insofar as the Chairman of either the Programme Committee or the Finance Committee was concerned, the Conference agreed that the Government could appoint a substitute to serve on the Committee concerned, but that the functions of Chairman should be carried out by the Vice-Chairman.

286. The Conference also concurred with the Council's recommendation that there should be a moderate increase in both Committees. After some discussion, the Conference decided that, as recommended by the Council, the total membership of the Programme Committee should be 11 and that of the Finance Committee nine.

287. The Conference, noting that the changes in the composition of the Programme Committee and the Finance Committee on which it had agreed also entailed the amendment of Rules XXVI and XXVII of the General Rules of the Organization, adopted the following resolution:

Resolution 15/77

Composition of the programme committee and finance committee

The Conference,

Noting that, as requested by it in Resolution 3/75 adopted at its Eighteenth Session, the Council had examined the composition of the Programme Committee and Finance Committee,

Having considered the recommendations submitted to it by the Council at its Seventy-First Session, in the light of the subsequent deliberations of the Committee on Constitutional and Legal Matters at its Thirty-Fifth Session and the Council at its Seventy-Second Session,

Considering that there should be a moderate increase in the total membership of the Programme Committee and of the Finance Committee, and that these Committees should be composed of Member Nations elected by the Council on the basis of equitable geographical distribution, also taking into account the personal merit of the representative that Member Nations would appoint if elected,

Adopted 28 November 1977

B. Amendments to the FAO Constitution and General Rules of the Organization

Increase of Council seats
Term of Office of the Director-General
Authentic Chinese Text of the Constitution (Article XXII)
Status and Use of Languages in FAO
Granting of Immunities to Participants Attending FAO Meetings
Personnel Matters

Increase of Council seats

288. The Conference noted that, in order to give effect to its request contained in Resolution 3/75 adopted at its Eighteenth Session, the Council had established a Working Party on the Composition and Terms of Reference of the Council, the Programme Committee, Finance Committee and the Committee on Constitutional and Legal Matters, to carry out a study and to make recommendations to it on the composition and terms of reference of the Council and certain of its standing committees.

289. At its Seventy-First Session (June 1977), the Council had examined proposals relating to the number and distribution of Council seats put forward by the Working Party. At that Session, the Council had noted the need to keep the Council to a manageable size in order to retain efficiency, but had recognized that the increase in the Organization's membership since the number of Council seats had been fixed at 42 in 1973, and the need for improving the geographical representation of certain regions, especially that of Africa, called for a limited increase in the size of the Council. Taking these considerations into account the majority of the members of the Council had agreed that the number of seats be increased by seven, thus bringing the total membership of the Council to 49 Member Nations, and that these additional seats be distributed as follows: three to Africa, and one each to Asia and the Far East, Europe, Latin America and the Near East.

290. The Conference agreed with the Council's proposal that the number of Council seats be increased by seven, making a total of 49, and also that they be distributed in the manner suggested by the Council.

291. The Conference further agreed with the proposed amendments to Article V.1 of the Constitution and to Rule XXII.1(b) of the General Rules of the Organization that were necessary to give effect to the increase in the Council seats. The Conference accordingly adopted the following resolution:

Resolution 16/77

Increase in the number of council seats

The Conference,

Recalling its Resolution 3/75 whereby it requested the Council, inter alia, "to embark, as soon as possible, on a study of the composition and terms of reference of the Council",

Considering the need to keep the Council to a manageable size in order to retain efficiency,

Recognizing that the increase in the Organization's membership since the present size of the Council had been established in 1973 and the need to improve the geographical representation of certain regions, especially that of Africa, would call for a limited increase in the size of the Council,

Having examined the Report of the Seventy-First Council Session and the proposal to increase the size of the Council by 7 seats, giving a total of 49 seats,

Adopted 22 November 1977

292. In expressing their support for the increase in the membership of the Council from 42 to 49, a majority of the delegations to the Conference stated that, while they accepted this increase as a compromise, they considered that their regions were still under-represented and that the solution reached did not constitute a permanent solution to the question of equitable geographical representation on the Council. Accordingly, they were of the opinion that this matter should continue to be kept under review by the Council or by a Working Party created by the Council. Several delegations expressed the view that possible changes in the structure and methods of work of the Council and its standing committees, designed to make the work of these bodies more effective, should also be examined further.

Term of Office of the Director-General

293. The Conference noted that the Council had considered the question of the term of office and method of election of the Director-General, in the light of the reports of the Working Party and of the CCLM, which had made a comparative analysis of the law and practice of the organizations in the UN System

294. The Conference took note of the Council's conclusion that FAO was the only organization in the United Nations system in which the supreme governing body was precluded from re-appointing the incumbent, and that there was no reason for a departure from the law and practice of other organizations resulting in Member Nations of FAO being deprived of their freedom to re-appoint a Director-General if they considered that it was in the best interest of the Organization and the implementation of its Programmes that he should continue in office. The Council had accordingly agreed to recommend that the Conference should provide for the eligibility of the Director-General for re-appointment without limitation on number or variation in length of terms, and that the procedure for the nomination and selection of the Director-General in the Conference should remain unchanged.

295. The Conference fully endorsed the views and conclusions of the Council and the draft amendments to Article VII of the Constitution proposed by the Council. These draft amendments had been circulated to all Member Nations at least 120 days before the opening of the Nineteenth Session of the Conference, as required by Article XX.4 of the Constitution.

296. The Conference accordingly adopted unanimously the following resolution recommended by the Council:

Resolution 17/77

Term of office of the Director-General

The Conference,

Recalling its Resolution 3/75,

Noting, that the Council had found that the constitutional provisions of FAO concerning the term of office of the Director-General were essentially different from the law and practice prevailing in other organizations forming part of the United Nations system,

Convinced that the constitutional provisions of FAO governing this matter should be more consistent with such law and practice,

Concurring with the view expressed by the Council at its Seventy-First Session that it would be in the best interests of the Organization if Member Nations of FAO were not precluded from re-electing a Director-General if they should so desire,

Having examined the draft amendments to the Constitution of the Organization, recommended by the Council at its Seventy-First Session,

Adopts the following amendments to paragraphs 1,2 and 3 of Article VII of the Constitution:

"Article VII

Adopted 29 November 1977

Authentic Chinese Text of the Constitution (Article XXII)

297. The Conference noted that the Arabic, English, French and Spanish texts of the Constitution were recognized as "equally authoritative " by Article XXII of the Constitution. It further noted that the Council had examined the question and had unanimously recommended that the Chinese version of the Constitution be granted the same status as that of the other versions specified in Article XXII.

298. The Conference considered the proposal made by the Seventy-First Council Session to amend Article XXII of the Constitution by adding the Chinese version to the authoritative texts of the Constitution. It noted that, in accordance with Article XX, paragraph 4 of the Constitution, the Director-General had informed all Member Nations of the proposed amendment and that the Chinese version of the Constitution had been transmitted by the Secretariat to all Member Nations.

299. The Conference approved the amendment to Article XXII of the Constitution, as proposed by the Council, and accordingly adopted the following resolution:

Resolution 18/77

Authentic chinese text of the FAO constitution

The Conference,

Considering that a Chinese text of the Constitution should be equally authoritative with the texts in Arabic, English, French and Spanish;

Noting the proposal made by the Council at its Seventy-First Session that Article XXII of the Constitution be amended to that effect,

Noting further that the Chinese text of the Constitution, as reproduced in the 1976 Chinese edition of the Basic Texts of FAO, had been circulated to Member Nations by the Director-General,

Decides that:

Status and Use of Languages in FAO

300. In introducing the proposal for the amendment of Rule XLI GRO and of other consequential amendments to the Basic Texts, the Director-General recalled that it was the Eighth Regional Conference for the Near East, held at Khartoum in 1967, that first recommended the use of the Arabic language in the work of FAO. At the Ninth Regional Conference held at Baghdad in 1968, Arabic translation and interpretation services began to be provided. At the present time, Arabic interpretation was provided at the Conference, the Council and its Committee of the Whole, at Regional Conferences of the Near East, and at technical meetings held in this Region. Arabic interpretation and translation services were also provided to the World Food Programme, World Food Council, and to the Preparatory Commission of IFAD. Moreover, the use of Arabic at the Regional Office had developed, thanks largely to the generous voluntary contributions of the United Arab Emirates, Iraq, Kuwait and Qatar.

301. The Director-General recalled that under Resolution 16/71, Arabic had become an official language of the Organization, but had been given the status of a working language for limited purposes only. He considered that the time had come to eliminate this unjustified distinction and to expand the use of Arabic as a cultural and development tool.

302. The Conference noted that Rule XLI GRO at present reads as follows:

"Languages, Arabic, Chinese, English, French and Spanish shall be the official languages of the Organization. English, French and Spanish shall be the working languages, and Arabic shall be a working language for limited purposes."

The Thirteenth Regional Conference for the Near East (Tunis 1976) had proposed that Rule XLI be amended to read as follows:

303. The Conference noted that this proposal had been examined by CCLM as well as by the Programme and Finance Committees, and that the Council at its Seventy-First Session, having endorsed the conclusion of CCLM that the proposed amendment was appropriate, had recommended that Rule XLI be amended along the lines suggested by the Regional Conference.

304. The Conference noted the section of the report of the Seventy-First Council dealing with this subject and concurred with the Council's view that the terms "official language", "working language" and "working language for limited purposes" did not have a defined meaning, and that the distinctions made in this regard in Rule XLI GRO were both unnecessary and potentially confusing.

305. The Conference supported the view of the Council, referred to by the Director-General in his introductory statement, that a pragmatic approach to the use of languages should be maintained.

306. The Conference supported the proposed amendment to Rule XLI GRO.

307. The Conference approved the Council's recommendation for amendment of Rule XII GRO, as well as for the consequential amendments to the Basic Texts, and accordingly adopted the following resolution:

Resolution 19/77

Amendments to rule XII of the general rules of the organization (GRO) and consequential amendments to rule IV.2 and other provisions of the basic texts

The Conference,

Considering that the Thirteenth FAO Regional Conference for the Near East (Tunis, 1976) had recommended an amendment to Rule XII of the General Rules of the Organization,

Noting that the Council had considered that there was no valid reason for preserving the distinctions made in Rule XII GRO between "official", "working" and "working languages for limited purposes",

Endorsing the recommendation made by the Council at its Seventy-First Session that Rule XII be amended and that certain consequential amendments be made to the Basic Texts,

Adopts the following amendments:

Adopted 28 November 1977

Granting of Immunities to Participants Attending FAO Meetings

308. The Conference considered the conclusions and the recommendations of the Thirty-Fifth Session of CCLM and the Seventy-Second Session of the Council on a question concerning the immunities to be granted to participants in meetings convened by FAO, which appeared to call for an amendment to Rule XXXVII.4 GRO. The Conference noted that this Rule, which is cited in the standard letter of agreement between FAO and host governments for all FAO meetings held outside Headquarters, refers specifically to sessions of bodies established under Articles VI and XIV of the Constitution, but does not expressly mention the following types of meetings: sessions of the Conference or Council and sessions of their subsidiary bodies, and conferences, working parties or consultations convened under Article VI.5 of the Constitution.

309. Although, as recognized by the CCLM and by the Council, the Director-General has consistently followed the practice of satisfying himself that participants will be granted the "immunities that are necessary for the independent exercise of their functions " whenever FAO meetings are held outside Headquarters, the Conference concurred with the view of the Council that, considering the limited scope which might be attributed to Rule XXXVII.4 GRO. as worded at present, the practice followed by FAO did not have as solid a legal basis as was desirable.

310. The Conference decided to extend the scope of Rule XXXVII.4 GRO to all meetings convened by FAO , and accordingly adopted the following resolution:

Resolution 20/77

Amendment to rule XXXVII.4 (GRO) relating to the granting of immunities to participants attending FAO meetings

The Conference,

Noting that Rule XXXVII.4 GRO. provides that, when determining the site of a session of bodies established under Articles VI or XIV of the Constitution, the Director-General should be satisfied that the host government is willing to grant to all participants attending such a session the immunities necessary for the independent exercise of their functions;

Considering that the scope of Rule XXXVII.4 (GRO) should be extended to all meetings convened by FAO

Decides that Rule XXXVII.4 GRO. be amended as follows:

Adopted 29 November 1977

Personnel Matters

311. The Conference noted that the Council at its Seventy-First Session (June 1977) had endorsed the proposal by the Director-General to remove from the Staff Regulations a sentence referring to the funding of post adjustments applied to salaries of Professional and higher categories, and include it in the General Rules of the Organization. The Conference noted that the Council had duly approved the amendment of the Staff Regulations and had recommended to the Conference that Rules XXIV and XXVII of the General Rules of the Organization be amended accordingly.

312. The Conference approved the recommendation of the Council, and adopted the following resolution:

Resolution 21/77

Amendments to rules XXIV and XXVII of the general rules the organization (GRO)

The Conference,

Noting that at its Seventy-First Session, the Council had recommended that reference to the funding of post adjustments applied to the salaries of the Professional and higher categories, which it had deleted at that Session from Staff Regulation 301.133, should be incorporated in the General Rules of the Organization,

Endorsing the Council's recommendation,

Decides to adopt the following amendments to the General Rules of the Organization:

Adopted 29 November 1977

C. Statutory Report on Status of Conventions and Agreements and on Amendments thereto

313. In accordance with Rule XXI.5 GRO and with established practice, the Director-General submitted to the Conference a Statutory Report reflecting the present status of conventions and agreements and of the Convention on the Privileges and Immunities of the Specialized Agencies in respect of the Organization. The Conference took note of the Statutory Report which is contained in Documents C 77/10 and C 77/10-Sup. 1.

D. Agreement concerning Relations with the World Food Council

314. The Conference recalled that, at its Eighteenth Session (1975), it had requested the Director-General, inter alia, to prepare and elaborate draft arrangements with the World Food Council clearly defining the distribution of responsibilities and methods of cooperation between FAO and the World Food Council.

315. The Conference noted that, in considering the relations between FAO, the World Food Council and other bodies, the FAO Council had expressed the view that it would not be practical at the present stage to seek a hard and fast demarcation of functions between the World Food Council on the one hand, and the FAO Council together with its subsidiary bodies on the other hand, and that the Council had decided to maintain the flexible arrangements for the submission of reports of FAO bodies to the World Food Council.

316. The Conference further noted that the draft of a Supplementary Arrangement between FAO and the United Nations regarding cooperation between FAO and the World Food Council had been negotiated by the Director-General, as requested at its Eighteenth Session, and had been submitted to the FAO Council at its Seventy-Second Session. The draft had previously been reviewed, and favourably commented on, by the Programme and Finance Committees and the CCLM. The Council had expressed agreement with the provisions of the draft and had transmitted it to the Conference for endorsement before signature on behalf of FAO. It was understood that the draft would, in principle, be considered by the World Food Council before signature on behalf of the United Nations.

317. The Conference considered that the draft Supplementary Arrangement provided a satisfactory basis for cooperation between FAO and the World Food Council. It accordingly authorized the Director-General to sign the Supplementary Arrangement on behalf of FAO.

E. Agreement concerning relations with the International Fund for Agricultural Development

318. The Conference took note of a Relationship Agreement between FAO and the International Fund for Agricultural Development (IFAD), which had been negotiated by the Director-General as requested at its Eighteenth Session (1975), and had subsequently been approved by the Council, at its Seventy-Second Session, subject to confirmation by the Conference .

319. The Conference was informed that the Agreement was still subject to approval by the Executive Board of IFAD, once IFAD comes into existence. If the Executive Board approved a text identical with that approved by the Council, the Agreement would be signed on behalf of both organizations and enter into force and would, in due course, be submitted to the Conference for confirmation, in accordance with Rule XXIV.4(c) of the General Rules of the Organization.

F. Granting of Official Status to International Governmental and Non-Governmental Organizations

320. The Conference took note of the report by the Director-General on the establishment of formal relations with international organizations (excluding the United Nations and Specialized Agencies), both intergovernmental and non-governmental.

321. The Conference also noted a statement by the representative of China that certain nongovernmental organizations having formal relations with FAO still retained among their membership some group (or personnel) controlled by the Chiang Kai-shek clique entrenched in Taiwan. The Chinese delegation requested that FAO, as some other specialized agencies had done, urge non-governmental organizations having formal relations with FAO to adopt immediately measures to cancel the membership of such groups or individuals.

322. Complete information was not available on the current membership of non-governmental organizations and it was noted that this section of the report would be brought to the attention of all non-governmental organizations having formal relations with FAO.

G. Amendments to the Financial Regulations

323. The Conference noted that the Council at its Sixty-Ninth and Seventieth Sessions had recommended that the Conference approve amendments to the Financial Regulations permitting

324. The Conference adopted the following resolution:

Resolution 22/77

Amendments to the financial regulations

The Conference,

Noting the need to provide for carry-over of uncommitted funds under the Technical Cooperation Programme, to give effect to the principle that full funding of approved projects should be a normal feature of the programme,

Noting also that the evolution which has taken place in development assistance has caused a gradual shift in responsibilities from internationally recruited experts to national personnel and makes it necessary for the Director-General to delegate from time to time disbursement authority to persons who are not FAO staff members,

Noting the reports of the Sixty-Ninth and the Seventieth Sessions of the Council,

Decides that the Financial Regulations be amended as follows :

10.1 The Director-General shall:

(c) Designate the officers, and other persons as appropriate, who may receive monies, incur commitments or obligations and make payments on behalf of the Organization.

Adopted 29 November 1977

H. Amendments to Conventions concluded Under Article XIV of the FAO Constitution

International Plant Protection Convention
International Poplar Convention

International Plant Protection Convention

325. The Conference considered draft amendments to the International Plant Protection Convention, which had been proposed by a Government Consultation , attended by experts representing the governments of contracting parties and subsequently reviewed by the Committee on Constitutional and Legal Matters (CCLM). The essential purpose of the proposed amendments was to adapt the Convention to present-day needs for combating important pests and diseases of plants and plant products and for preventing their spread and introduction across national boundaries. Among the important changes proposed were the replacement of the Model Phytosanitary Certificate annexed to the Convention by an amended version, and the introduction of a "Model Phytosanitary Certificate for Re-export". The proposed amendments had been presented to the Conference, for its approval, in accordance with the procedure prescribed in Article XIII of the Convention.

326. There was general agreement in the Conference on the desirability of most of the proposed amendments, including the introduction of the Model Phytosanitary Certificate for Re-export, and a number of delegations stated that they were ready to approve the amendments as proposed by the Government Consultation and reviewed by the CCLM. Some delegations considered that the proposed amendments involved new obligations within the meaning of Article XIII of the Convention. Some delegations expressed their preference for maintaining the Model Phytosanitary Certificate in its present form; they considered that the proposed amendments to the latter Certificate - as well as a proposed definition of the term "quarantine pests " , which was relevant to that Certificate - would place heavier responsibilities on the plant protection organizations, particularly those of exporting countries. A few delegations felt that other provisions, for which no amendments had been proposed, should also be re-examined. In particular, the delegations of Cuba and Algeria expressed the view that Article IX should provide for the resolution of disputes through diplomatic channels between the parties concerned, and that Article XI reflected aspects of a colonial situation which might be contrary to Resolution 1514, (XV) of the United Nations General Assembly.

327. Some delegations considered that, in spite of the lack of a consensus in the Conference concerning some of the amendments proposed, the Conference should approve the proposed revised text of the Convention since it constituted a compromise resulting from several years of discussions. The majority of delegations, however, felt that the questions involved required further consideration and that the time was not yet ripe for approval by the Conference.

328. The Conference accordingly decided to postpone consideration and final approval of a revised version of the Convention until its Twentieth Session. At the same time, the Conference recommended that the following action be taken in order to ensure agreement on such a revised version at its next Session: the Director-General should transmit to all parties to the Convention and other Member Nations of FAO a document which would contain the proposed revised version of the Convention, as submitted to the present Session, highlight the main points made at this Session including provisions of a purely legal nature, which run counter to the evolution of international law, and invite the Governments concerned to send to the Secretariat their comments and proposals. The Committee on Agriculture of the Council would then be requested to review the proposed revised version of the Convention, in the light of a document which would compile the comments and proposals made by governments, and to recommend to the Conference such modifications of the revised text as would be appropriate in order to secure its widest possible acceptability. The document referred to might also be transmitted to the Council's Committee on Commodity Problems and the CCLM for its comments.

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