hereby
establish
the Food and Agriculture Organization of the United Nations, hereinafter referred to as the "Organization," through which the Members will report to one another on the measures taken and the progress achieved in the fields of action set forth above.
Article I
Functions of the Organization
1.
The Organization shall collect, analyze, interpret, and disseminate information relating to nutrition, food and agriculture. In this Constitution, the term "agriculture" and its derivatives include fisheries, marine products, forestry and primary forestry products.
2.
The Organization shall promote and, where appropriate, shall recommend national and international action with respect to
(a)
scientific, technological, social, and economic research relating to nutrition, food and agriculture;
(b)
the improvement of education and administration relating to nutrition, food and agriculture, and the spread of public knowledge of nutritional and agricultural science and practice;
(c)
the conservation of natural resources and the adoption of improved methods of agricultural production;
(d)
the improvement of the processing, marketing, and distribution of food and agricultural products;
(e)
the adoption of policies for the provision of adequate agricultural credit, national and international;
(f)
the adoption of international policies with respect to agricultural commodity arrangements.
3.
It shall also be the function of the Organization
(a)
to furnish such technical assistance as governments may request;
(b)
to organize, in cooperation with the governments concerned, such missions as may be needed to assist them to fulfill the obligations arising from their acceptance of the recommendations of the United Nations Conference on Food and Agriculture and of this Constitution ; and
(c)
generally to take all necessary and appropriate action to implement the purposes of the Organization as set forth in the Preamble.
Article II
Membership
1.
The original Members of the Organization shall be such of the nations specified in Annex I as accept this Constitution in accordance with the provisions of Article XX.
2.
The Conference may, by a two-thirds majority of the votes cast,
decide to admit additional Members to the Organization
provided that a majority of the membership of the Organization is present,
decide to admit as an additional Member of the Organization any nation which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission
. Membership shall
commence upon become effective the date of deposit of an instrument accepting this Constitution as in force at the time on which the Conference approves the application for membership
.
Article III
The Conference
1.
There shall be a Conference of the Organization in which each Member nation shall be represented by one delegate.
2.
Each Member Nation may appoint an alternate associates, and advisers to its delegate. The Conference may determine the conditions for the participation of alternates, associates, and advisers in its proceedings, but any such participation shall be without the right to vote except in the ease of an alternate, associate, or adviser, participating in the place of a delegate.
3.
No delegate may represent more than one Member nation.
4.
Each Member Nation shall have only one vote. A Member Nation which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Conference if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding financial years. The Conference may, nevertheless, permit such a Member Nation to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member Nation.
5.
The Conference may invite any international organization which has responsibilities related to those of the Organization to be represented at its meetings on the conditions prescribed by the Conference. No representative of such an organization shall have the right to vote.
6.
The Conference shall meet once in every two years in regular session. It may meet in special session:
(a)
if at any regular session the Conference decides, by a majority of the votes cast, to meet in the following year;
(b)
if the Council so instructs the Director-General, or if at least one-third of the Member Nations so request.
7.
The Conference shall elect its own officers.
8.
Except as otherwise expressly provided in this Constitution or by rules made by the Conference, all decisions of the Conference shall be taken by a majority of the votes cast.
Article IV
Functions of the Conference
1.
The Conference shall determine the policy and approve the budget of the Organization and shall exercise the other powers conferred upon it by this Constitution.
2.
The Conference shall adopt Rules of Procedure and Financial Regulations for the Organization.
3.
The Conference may by a two-thirds majority of the votes cast make recommendations to Member Nations concerning questions relating to food and agriculture, for consideration by them with a view to implementation by national action.
4.
The Conference may make recommendations to any international organization regarding any matter pertaining to the purposes of the Organization.
Article V
Council of FAO
1.
A Council of the Food and agriculture Organization consisting of eighteen Member Nations shall be elected by the Conference. Each Member Nation on the Council shall have one representative. The tenure and other conditions of office of the Members of the Council shall be subject to rules made by the Conference.
2.
The Conference shall, in addition, appoint an independent Chairman of the Council.
3.
The Council shall have such powers as the Conference may delegate to it, but the Conference shall not delegate the powers set forth in paragraph 2 of Article II, Article IV, paragraph 1 of Article VII, Article XII, paragraph 4 of Article XIII, paragraphs 1 and 3 of Article XIV, and Article XIX of this Constitution.
4.
The Council shall appoint its officers other than the Chairman and subject to any decisions of the Conference shall adopt its own rules of procedure.The Council shall establish a Co-ordinating Committee to tender advice on the co-ordination of technical work and the continuity of the activities of the Organization undertaken in accordance with the decisions of the Conference.
5.
The Council shall establish a Co-ordinating Committee to tender advice on the co-ordination of technical work and the continuity of the activities of the Organization undertaken in accordance with the decisions of the Conference.
Article VI
Other committees and conferences
1.
The Conference may establish technical and regional standing committees and may appoint committees to study and report on any matter pertaining to the purpose of the Organization.
2.
The Conference may convene general, technical, regional, or other special conferences and may provide for the representation at such conferences, in such manner as it may determine, of national and international bodies concerned with nutrition, food and agriculture.
Article VII
The Director-General
1.
There shall be a Director-General of the Organization who shall be appointed by the Conference by such procedure and on such terms as it may determine.
2.
Subject to the general supervision of the Conference and the Council, the Director-General shall have full power and authority to direct the work of the Organization.
3.
The Director-General or a representative designated by him shall participate, without the right to vote, in all meetings of the Conference and of the Council and shall formulate for consideration by the Conference and the Council proposals for appropriate action in regard to matters coming before them.
Article VIII
Staff
1.
The staff of the Organization shall be appointed by the Director-General in accordance with such procedure as may be determined by rules made by the Conference.
2.
The staff of the Organization shall be responsible to the Director-General. Their responsibilities shall be exclusively international in character and they shall not seek or receive instructions in regard to the discharge thereof from any authority external to the Organization. The Member nations undertake fully to respect the international character of the responsibilities of the staff and not to seek to influence any of their nationals in the discharge of such responsibilities.
3.
In appointing the staff the Director-General shall, subject to the paramount importance of securing the highest standards of efficiency and of technical competence, pay due regard to the importance of selecting personnel recruited on as wide a geographical basis as is possible.
4.
Each Member nation undertakes, in so far as it may be possible under its constitutional procedure, to accord to the Director-General and senior staff diplomatic privileges and immunities and to accord to other members of the staff all facilities and immunities accorded to non-diplomatic personnel attached to diplomatic missions, or alternatively to accord to such other members of the staff the immunities and facilities which may hereafter be accorded to equivalent members of the staffs of other public international organizations.
Article IX
Seat
The seat of the Organization shall be determined by the Conference.
Article X
Regional and liaison offices
1.
There shall be such regional offices as the Director-General with the approval of the Conference may decide.
2.
The Director-General may appoint officials for liaison with particular countries or areas subject to the agreement of the government concerned.
Article XI
Reports by members
1.
Each Member nation shall communicate periodically to the Organization reports on the progress made toward achieving the purpose of the Organization set forth in the Preamble and on the action taken on the basis of recommendations made and conventions submitted by the Conference.
2.
These reports shall be made at such times and in such form and shall contain such particulars as the Conference may request.
3.
The Director-General shall submit these reports, together with analyses thereof' to the Conference and shall publish such reports and analyses as may be approved for publication by the Conference together with any reports relating thereto adopted by the Conference.
4.
The Director-General may request any Member nation to submit information relating to the purpose of the Organization.
5.
Each Member nation shall, on request, communicate to the Organization, on publication, all laws and regulations and official reports and statistics concerning nutrition, food and agriculture.
Article XII
Relations with United Nations
1.
The Organization shall maintain relations with the United Nations as a specialized agency within the meaning of Article 57 of the Charter of the United Nations.
2.
Agreements defining the relations between the Organization and the United Nations shall be subject to the approval of the Conference.
Article XIII
Co-operation with Organizations and Persons
1.
In order to provide for close co-operation 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 co-operation.
2.
The Director-General may, subject to any decisions of the Conference, enter into agreements with other intergovernmental organizations for the maintenance of common services, for common arrangements in regard to recruitment, training, conditions of service, and other related matters, and for interchanges of staff.
3.
The Conference may approve arrangements placing other international organizations dealing with questions relating to food and agriculture under the general authority of the Organization on such terms as may be agreed with the competent authorities of the organization concerned.
4.
The Conference shall make rules laying down the procedure to be followed to secure proper consultation with governments in regard to relations between the Organization and national institutions or private persons.
Article XIV
Conventions and Agreements
1.
The Conference may by a two-thirds majority of the votes cast approve and submit to Member Nations conventions and agreements concerning questions relating to food and agriculture which shall come into force for each Member Nation only after acceptance by it in accordance with its constitutional procedure.
2.
The Council may, under rules to be made by the Conference, approve and submit to Member Nations regulations or supplementary agreements designed to implement any general convention or agreement which has come into force under paragraph 1. Any such regulations or supplementary agreements shall come into force for each Member Nation only after acceptance by it in accordance with its constitutional procedure.
3.
The Conference. shall make rules laying down the procedure to be followed to secure proper consultation with governments and adequate technical preparations prior to consideration by the Conference. of proposed conventions and agreements.
4.
The Director-General shall register with the United Nations any convention or agreement which has come into force as a result of action taken under this Article.
Article XV
Legal status
1.
The Organization shall have the capacity of a legal person to perform any legal act appropriate to its purpose which is not beyond the powers granted to it by this Constitution.
2.
Each Member nation undertakes, in so far as it may be possible under its constitutional procedure, to accord to the Organization all the immunities and facilities which it accords to diplomatic missions, including inviolability of premises and archives, immunity from suit, and exemptions from taxation.
3.
The Conference shall make provision for the determination by an administrative tribunal of disputes relating to the conditions and terms of appointment of members of the staff.
Article XVI
Interpretation of Constitution and Settlement of Legal Questions
1.
Any question or dispute concerning the interpretation of this Constitution, if not settled by the Conference, shall be referred to the International Court of Justice in conformity with the Statute of the Court or to such other body as the Conference. may determine.
2.
Any request by the Organization to the International Court of Justice for an advisory opinion on legal questions arising within the scope of its activities shall be in accordance with any agreement between the Organization and the United Nations.
3.
The reference of any question or dispute under this Article, or any request for an advisory opinion, shall be subject to procedures to be prescribed by the Conference.
Article XVII
Budget and Contributions
1.
The Director-General shall submit to each regular session of the Conference the budget of the Organization for approval.
2.
Each Member Nation undertakes to contribute annually to the Organization its share of the budget, as apportioned by the Conference.
3.
Each Member Nation shall, upon
approval of its application
, pay as its first contribution a proportion to be determined by the Conference of the budget for the current financial year.
4.
The financial year of the Organization shall be the calendar year unless the Conference should otherwise determine.
Article XVIII
Withdrawals
Any Member Nation may give notice of withdrawal from the Organization at any time after the expiration of four years from the date of its acceptance of this Constitution. Such notice shall take effect one year after the date of its communication to the Director-General The financial obligation to the Organization of a Member Nation which has given notice of Withdrawal shall include the entire financial year in which the notice takes effect.
Article XIX
Amendment of the Constitution
1.
The Conference may amend this Constitution by a two-thirds majority of the votes cast, provided that such majority is more than one-half of the membership of the Organization.
2.
An amendment not involving new obligations for Member Nations shall take effect forthwith, unless the resolution by which it is adopted provides otherwise. Amendments involving new obligations shall take effect for each Member Nation accepting the amendment on acceptance by two-thirds of the membership of the Organization and thereafter for each remaining Member Nation on acceptance by it.
Article XX
Entry into force of Constitution
1.
This Constitution shall be open to acceptance by the nations specified in Annex I.
2.
The instruments of acceptance shall be transmitted by each government to the United Nations Interim Commission on Food and Agriculture, which shall notify their receipt to the governments of the nations specified in Annex I. Acceptance may be notified to the Interim Commission through a diplomatic representative, in which case the instrument of acceptance must he transmitted to the Commission as soon as possible thereafter.
3.
Upon the receipt by the Interim Commission of twenty notifications of acceptance the Interim Commission shall arrange for this Constitution to be signed in a single copy by the diplomatic representatives, duly authorized thereto, of the nations who shall have notified their acceptance, and upon being so signed on behalf of not less than twenty of the nations specified in Annex I this Constitution shall come into force immediately.
4.
Acceptances the notification of which is received after the entry into force of this Constitution shall become effective upon receipt by the Interim Commission or the Organization.
The English, French, and Spanish texts of this Constitution shall be equally authoritative.
APPENDIX Transitional Provisions
Article XXII (Old)
(FIRST SESSION OF THE CONFERENCE)
The United Nations Interim Commission on Food and Agriculture shall convene the first session of the Conference to meet at a suitable date after the entry into force of this Constitution.
Article XXIII (Old)
(LANGUAGES)
Pending the adoption by the Conference of any rules regarding languages, the business of the Conference shall be transacted in English.
Article XXIV (Old)
(TEMPORARY SEAT)
The temporary seat of the Organization shall be at Washington unless the Conference should otherwise determine.
Article XXV (Old)
(FIRST FINANCIAL YEAR)
The following exceptional arrangements shall apply in respect of the financial year in which this Constitution comes into force:
(a)
the budget shall be the provisional budget set forth in Annex II to this Constitution; and
(b)
the amounts to be contributed by the Member nations shall be in the proportions set forth in Annex II to this Constitution: Provided that each Member nation may deduct therefrom the amount already contributed by it toward the expenses of the Interim Commission.
Article XXVI (Old)
(DISSOLUTION OF THE INTERIM COMMISSION)
On the opening of the first session of the Conference, the United Nations Interim Commission on Food and Agriculture shall be deemed to be dissolved and its records and other property shall become the property of the Organization.
