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503. The Conference, after considering the report of the Council (C 57/38) came to the conclusion that it was necessary to lay down principles to be adhered to in future whenever the provisions of Articles VI, XIV or XV of the Constitution were being applied. The intention was not to lay down too rigid rules since obviously the text of the various conventions and rules of procedure must be drafted in the light of the desired objectives. The Conference, however, wished to establish a framework, i.e. juridical and administrative norms to govern in future the drafting of new texts or of amendments to existing agreements and of the constituent rules of commissions and committees.

Basic Considerations

504. In accordance with the provisions of Article VI of the Constitution, the Conference and the Council may establish general or regional commissions as well as committees and working parties, and may convene general technical, regional or other meetings. For the necessary juridical act to be accomplished, all that is required is a decision of the Conference or Council.

505. Article XIV of the Constitution applies to conventions and multilateral agreements concluded under the aegis of the Organization. These are agreements concluded between states with respect to which, in conformity with the principles of public international law, the expressed consent of sovereign entities constitutes the required juridical act.

506. However, the procedure of multilateral agreements has been used on several occasions to establish commissions and committees entrusted with specific tasks which fall within the general terms of reference of the Organization.

507. It must be borne in mind that the express purpose of multilateral agreements is to create contractual obligations for those who become parties to them. Contracting parties undertake to do or not to do certain things, such obligations being generally assumed for a given period. It follows directly from this principle that any agreement concluded under Article XIV of the Constitution amongst Member Nations of the Organization should entail financial or other obligations going beyond those already assumed under the Constitution of the Organization. Failing this, there would be no grounds for such an agreement, at least not in the legal form prescribed under Article XIV of the Constitution.

508. Hence, any multilateral agreement between Member Governments may undoubtedly provide for the establishment of a commission or an executive body, but this should not be an end in itself since under Article VI the Conference and the Council are empowered to establish such bodies merely by a decision on their part. Consequently, the setting up of a commission or a committee by a multilateral agreement is justified only when such agreement presupposes the assumption of specific obligations going beyond more participation in the work of the body thus established.

509. It ensues that two sets of principles are required: on the one hand those governing the preparation, conclusion, entry into force and implementation of a convention or agreement coming within the framework of Article XIV of the Constitution, in other words certain aspects of the law of treaties; and on the other hand, those governing the establishment, and the constituent rules of commissions, committees or working parties set up by conventions or agreements or under Article VI of the Constitution (composition, terms of reference, rules of procedure, reporting, etc.).

Resolution No. 44/57

Conventions and Agreements, Constituent Rules of Commissions and Committees

The Conference

1. Considering that the purpose of conventions and agreements provided for in Article XIV of the Constitution of the Organization is to create new contractual obligations for Member Nations that are parties thereto;

Declares that such conventions and agreements should be concluded only when they entail for the contracting parties obligations going beyond those assumed under the Constitution of the Organization.

2. Considering further the desirability of avoiding in future inconsistencies and inadequacies in the texts of conventions and agreements concluded under Article XIV of the Constitution of the Organization and of securing greater uniformity in the provisions of such conventions and agreements and in the procedure for the preparation of texts and their submission to the Conference or Council of the Organization for approval;

Resolves that the principles embodied in Appendix D to this Report shall in future govern the drafting of conventions and agreements and be taken into account by the Conference and Council when approving such conventions and agreements.

3. Considering the desirability of ensuring consistency and uniformity with respect to the constituent rules of commissions, committees, sub-commissions, subcommittees established under Article VI or Article XIV of the Constitution;

Noting that the activities of these bodies must be in conformity with the policy of the Organization;

Resolves that the principles embodied in Appendix D to this Report shall govern the constituent rules of existing commissions, committees, sub-commissions and subcommittees established under Article VI of the Constitution and those to be established in future under that Article and that these principles shall govern the drafting of the constituent rules of bodies to be established in future under Article XIV of the Constitution.

4. Recognizing the necessity of amending the Constitution and Rules of Procedure of the Organization in the light of the present Resolution;

Adopts the amendments given in Appendix l to this Report: and

Urges the parties to existing conventions and agreements and the members of the bodies established thereunder to apply as far as possible the rules contained in the present statement of principles and reflected in the amendments to the Constitution and Rules of Procedure of the Organization appearing in Appendix I to this Report; and

Invites these parties to amend the texts of these conventions and agreements when feasible in order to bring them into line with said principles and amendments.

Semi-independent bodies

510. The Conference noted that the provisions of the statutes of certain bodies were a cause of confusion regarding their legal status. There was some doubt as to whether these bodies should be considered as entirely independent entities with only working relations with the Organization or as bodies having been established within the framework of the Organization under Articles VI, XIV or XV of the Constitution. The lack of clarity regarding the relationship of these entities with the Organization and, consequently, the extent and character of the responsibility of the Organization with respect to these bodies was a cause of concern to the Conference.

Resolution No. 47/57

Semi-independent Bodies

The Conference

Considering the desirability of avoiding any ambiguity regarding the legal status of bodies promoted by the Organization:

Resolves that in future bodies utilizing the secretariat services of the Organization shall be set up either:

511. The Conference had before it a note from the Director-General requesting policy guidance regarding FAO assistance in the establishment of regional research and training institues and containing a proposed course of action. The Conference noted that several regional bodies of FAO had recommended the establishment of such institutes to meet needs for research and training in specific subject fields common to several countries of a region. The Conference noted also that several countries had recently offered sites and various facilities and had requested the Organization to assist in the establishment and operation of research and training institutes on a regional basis

512. Since a number of aspects of the Director-General's proposal required clarification and further consideration, the Conference adopted the following Resolution:

Resolution No. 48/57

Regional Research and Training Institutes

The Conference

Having noted the considerable number of proposals for FAO assistance in the establishment of regional research and training institutes;

Recognizing the desirability of providing the Director-General with more specific policy guidance in dealing with this matter than is contained in the Constitution;

Desiring clarification upon certain aspects of the matter and opportunity for further study of the Director-General's proposal;

Requests the Council to consider this proposal in its meeting immediately following the Ninth Session of the Conference and advise the Director-General on a suitable course of action.

513. The establishment of a Near East Forest Research Center and a Forest Rangers' School was recommended at the first Forestry Conference of the Organization in the Near East, held at Amman in 1952, and at the First Session of the Near East Forestry Commission. which took place at Teheran in 1955.

514. A similar recommendation was made at the Third Regional Meeting on Food and Agricultural Programs and Outlook in the Near East, held at Cairo in 1953, which was subsequently endorsed by the Seventh Session of the FAO Conference in 1953. The actual recommendation was " that a forest research center and a school for the training of forest rangers should be established in Syria, for the benefit of the whole Near East region. "

515. In pursuance of this decision of the Conference, draft agreements for the establishment of the two regional institutions mentionned above were prepared by the Governmental of Syria and the Director-General of the Organization, initialled by the two parties on 18 April 1957 and finally submitted to and approved by the present session of the Conference.

516. However, since the Organization's policy regarding assistance in establishing regional research and training institutes was still under consideration' the opinion was voiced that the Government of Syria and the Director-General should undertake in due course a revision of the provisions contained in the two agreements in question with a view to adjusting them to the Organization's general policy that would eventually be laid down in this respect.

517. The Conference noted with satisfaction that the Near East Forest Research Center as weld as the Forest Rangers' School were already beginning to take shape, thanks to the combined efforts of the Host Government and FAO, and that the first concrete results were likely to materialize in the very near future. It wished to stress, however, that regional undertakings of this kind could only be viable if all the Member Governments concerned were ready to defray a proportionate share of the expenses involved.

518. The Conference also took note that it would not be possible to implement fully the provisions of these agreements as long as FAO officers acted as interim directors for the two institutions, and that a protocol will therefore have to be drawn up at the time of the signature of the agreements. The Conference further decided that the premises, buildings and facilities to be put at the disposal of the Center and the School would be agreed upon at the time of the signature of the two agreements and would he listed in appendices thereto.

Resolution No. 49/57

Agreements for the Establishment of a Near East Forest Research Center and Near East Forest Rangers' School

The Conference

Having considered the Draft Agreements between the Government of Syria and the Organization, which were initialled by both parties on 18 April 1957, regarding the establishment of a Near East Forest Research Center and a Near East Forest Rangers' School, the texts of which are contained in Appendices E and F to this Report.

Notes that the generous offer of the Government of Syria of appropriate facilities, together with assistance from other Member Governments and from the Organization, as is visualized in the Agreements, makes the realization of these much-needed projects possible;

Approves the proposed bilateral agreements between the Government of Syria and the Organization under which the Center and the School will be organized and operated;

Requests the Director-General to take such administrative measures as are necessary to this end, and subject to the provisions of Article XV of the Constitution, to undertake in due course with the Government of Syria a revision of the of the agreements with a view to bringing them into line with the Organization's general policy regarding assistance in establishing regional research and training institutes now under consideration;

Urges all the Member Governments concerned to give the Center and the School the financial support necessary for their establishment and continuity;

Expresses its confidence that the two institutions will serve a useful purpose by stimulating and co-ordinating regional research efforts and providing adequate facilities for the training of subordinate forestry personnel.

519. The Conference noted with satisfaction the approval with which Member Nations regarded the policy of assisting research developments through the establishment of regional research institutions, such as that now in being and operation at Mérida in cooperation with the Government of Venezuela, and the measures taken or contemplated to coordinate its activities with those of other national or regional forest research institutes.

520. The Conference stressed that if the Latin-American Forest Research and Training Institute, Mérida (Venezuela) is to fulfil its proper role, and in order to assure its stability in future, it must have the full and tangible support of Member Governments in the region in the form of systematic and sustained financial contributions. It noted with satisfaction, therefore, that some Member Governments were already supporting the Institute financially and that many others were now ready to pledge such support, and considered that a necessary first step to this end was to present a firm and clear financial plan to which Member Governments concerned might indicate their acceptance.

521. Accordingly, the Conference recommended that in addition to contributions of the Host Government which has stated that the amount of its contribution as from 1959 will be conditioned by the knowledge that the Government will have as to the amount of funds subscribed by other countries and private sources, interested Member Governments should contribute to the Institute between $ 3,000 and $ 5,000 annually, depending on the size and importance of their forest resources, and consequently decided that the following scale of contributions should be submitted by the Director-General to Member Governments for their early consideration:

522. Suggested Scale of Contributions

523. Resolution No. 50/57

Latin-American Forest Research and Training Institute

The Conference

Having noted with approval and satisfaction the provisional establishment and operation of the Latin-American Forest Research and Training Institute at Mérida (Venezuela), in conformity with Resolution No. 37/55 of the Eighth Session of the Conference;

Commends the Government of Venezuela for the facilities made available and the financial support given so far and promised for the future;

Authorizes the Director-General, pending the elaboration of an organizational policy in this respect now under consideration, to extend the provisional agreement with the Government of Venezuela, until the end of 1958, and to take appropriate measures to ensure the continued functioning of the Institute until an agreement can be reached for its establishment on a permanent basis;

Urges interested Member Governments to give the Institute the financial support necessary to its success and continuity;

Requests the Director-General to submit the scale of contributions suggested in paragraph 522 above to Member Governments concerned for their early consideration; and

Renews its expression of confidence that the Institute will serve a useful purpose by stimulating and co-ordinating regional research efforts in forestry.

524. The Conference adopted the following Report of its General Committee and the two Resolutions contained therein:

Report of the General Committee on the Proposal Submitted by the Delegate of Morocco for Increasing the Membership of the Council to 25

525. At the twelfth plenary meeting of the Conference, the delegate of Morocco proposed that the membership of the Council should be increased from 24 to 25, so as to provide an additional seat for the African region. The Conference referred the matter to the General Committee, where it was very fully considered, and steps were taken to obtain the views of the delegate of Morocco

526. The General Committee noted that the Conference had seemed to be generally in favor of the principle underlying the Moroccan delegate's proposal. The delegate of Morocco said that in the distribution of Council seats as between regions, Africa has hitherto had one seat. As, however, several states in the African continent had been admitted to membership of the Organization in the last two years, he thought it right to provide for more adequate representation of the African region.

527. The General Committee considered that in present circumstances, the addition of one seat would adequately meet the situation. The difficulty was, however, that the creation of an additional Council scat would involve the Amendment of Article V of the Constitution, which provides that the Council shall have 24 members. As the Moroccan proposal had not been submitted 120 clays in advance of the opening of the Conference session, as required by Rule XXII of the Rules of Procedure, the question was whether it was constitutionally possible at that stage to create a twenty-fifth seat. On this point the Moroccan delegate drew the attention of the General Committee to the fact that by setting up the ad hoc Committee on Organizational Structure of FAO, the Eighth Session of the Conference had intended that all matters relating to the structure of the Council should be looked into. Thus, since it had the ad hoc Committee's report before it, the Ninth Session of the Conference did in fact have such matters on its agenda. In addition, the delegate of Morocco pointed out that, in the light of the ad hoc Committee's report, the Council had instructed the Director-General to give notice of amendment to the Constitution and that certain of these directly applied to Article V of the Constitution. The Moroccan delegate therefore considered that he was justified in concluding that it was perfectly in order to submit any proposal whatsoever concerning the structure of the Council and involving amendment of Article V of the Constitution.

528. After careful consideration of the above arguments, the General Committee recognized that the existence of the ad hoc Committee's report might have inspired the hope of an immediate solution. However, the Committee was unable to recommend that the Moroccan delegate's interpretation be adopted. The draft amendments to Article V of the Constitution submitted by the Council related to entirely different matters, and the members of the Organization had never been advised of an express or formal intention to change the number of seats. To accept the view that any proposed amendment whatsoever of an article of the Constitution is in itself sufficient justification for raising any issues, affecting that Article, would be tantamount to setting aside the provisions, according to which Member Nations must be given four months in which to consider the consequences of a draft amendment of the Constitution. In the circumstances, and while desirous of admitting the Moroccan delegate's proposal, the Committee could not recommend that the amendment to the Constitution be voted on at this session. Therefore the issue must be deferred to a regular or special session to be held not less than 120 days after formal notice of the proposed amendment.

The General Committee further considered that unless it became necessary to convene a special session for another serious reason, the present problem would not justify such a course.

529. Other suggestions had been made for modifying the Rules of Procedure to permit the suspension of the 120-day notice rule. The Committee however could not recommend that they be accepted. The application of any one of them, were it possible would not be in accord with the spirit and intent of the Constitution.

530. The foregoing considerations led the General Committee to conclude that it was not possible to give immediate effect to the Moroccan proposal. The Committee considered, however, that the Conference might wish forthwith to lay down the principle that it was desirable to increase the membership of the Council from 21 to 25, and to allocate the additional seat to the African region. The Conference would thus be manifesting a clear intention and, at the next session of the Conference, whether regular or special, the implementation would merely require a vote for the amendment of the Constitution,

531. The election for the additional Council seat would immediately follow the vote.

532. The General Committee wishes to draw attention to the fact, however, that the total number of Council seats is divided into three groups, the term of office of the members of one of those groups expiring each year. It will, therefore, be necessary to include the additional seat in one of these three groups and the Committee proposes that tint' choice fall on that group which will assure the additional member of a term of office of three year from the time of its election.

533. Assuming that the foregoing faithfully interprets the feeling of the Conference, the Committee proposes the adoption of the following Resolution:

Resolution No. 51/57

Increase in the Membership of the Council

The Conference

Placing on record that it considers it desirable to increase the membership of the Council from 24 to 25 in order to provide an additional seat for the African region; and

Noting that a decision to that effect would entail the amendment of Article V of the Constitution;

Invites the Director-General to give Member Nations notice of this proposed amendment in accordance with Rule XXII of the Rules of Procedure;

Decides to place this question on the agenda of its next session, regular or special; and

Decides that the additional seat will be included in the group that will assure the additional Council member of a term of office of three years from the time of election.

534. In considering the above matter, the General Committee noted that the procedure which applies to amendments to the Constitution is set out in Rule XXII of the Rules of Procedure. The General Committee thought that it would be more appropriate to include it in the Constitution itself. It therefore proposed the adoption of the following Resolution:

Resolution No. 52/57

Transfer of the provisions of Rule XXII of the Rules of Procedure to Article XIX of the Constitution

The Conference

Noting that the procedure relating to proposals for amendments to the Constitution is at present governed by Rule XXII of the Rules of Procedure;

Considering that the matter is of fundamental importance and ought therefore to be provided for in the Constitution itself;

Requests tire Council to take tire necessary steps to ensure the transfer of tire provisions of Rule XXII of the Rules of Procedure to Article XIX of the Constitution; and

Decides to place tire question on the agenda of the next session of tire Conference, whether regular or special.

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