Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa
Source: http://www.fao.org/docrep/meeting/007/50641E/50641E05.htm, downloaded 20100705
[Editor's note: The text below is the original 1962 agreement, created by removal of underlined additions and reinsertion of bracketed deletions as designated in the text at http://www.fao.org/docrep/meeting/007/50641E/50641E05.htm ]
Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa
Preamble
The Governments of Ethiopia, France, Somali Republic, Tanganyika, and of Kenya and Uganda acting with the authority and consent of the Government of the United Kingdom of Great Britain and Northern Ireland;
DESIRING to reinforce on an international regional basis the control of the desert locust in Eastern Africa; (hereinafter referred to as "the Region") which Region for the purpose of this Convention shall comprise Ethiopia, French Somaliland, Kenya, Somali Republic, Tanganyika and Uganda;
CONSIDERING that it is expedient to give effect by a Convention to the recommendations put forward by their respective representatives at the Third Session of the FAO Eastern African Desert Locust Sub-Committee at Addis Ababa in October 1961;
HAVE AGREED AS FOLLOWS:
Article 1
1. The Contracting governments hereby establish, "the Desert Locust Control Organization for Eastern Africa" (hereinafter referred to as "the Organization" ) for the purpose of undertaking on an international basis within the Region such action provided for in this Convention as may lead to effective control of the desert locust in the Region Eastern Africa.
2 For the purposes of this Convention, the expression "the Contracting Governments" means such governments and FAO as have become parties to this Convention in accordance with provisions of Article X of this Convention.
Article II
Site and Legal Status
1. The Headquarters of the Organization shall be at Dire Dawa Asmara, Ethiopia. The main operational base of the Organization shall be at Hargeisa, Somali Republic.
2. The Organization within the Region shall have the capacity of a legal person to perform any legal act appropriate to its purpose, in accordance with the provisions of the present Convention. In particular it shall have the capacity (a) to contract; (b) to acquire and dispose of immovable and movable property; and (c) to institute legal proceedings.
Article III
Objectives and Functions
1. The objectives of the Organization shall be:
a. to promote the most effective control of the desert locust in the Region;
b. to offer its services in the co-ordination and reinforcement of national action against the desert locust in the Region.
2. In furtherance of these objectives the functions of the Organization shall be:
a. to maintain at strategic localities reserves of anti-locust equipment and supplies, such as transport and insecticides, and to direct the use of these strategic reserves to supplement the national resources of the Contracting Governments when they are faced with locust populations beyond the capacity of the national services to control or survey;
b. to maintain at least one Air Unit and direct its operations and provide it with equipment and supplies, including insecticides, adequate for the execution of operations in areas where it is considered control will be of the greatest benefit to the Region as a whole;
c. to maintain a Field Research Station or Stations with appropriate laboratory facilities to conduct operational research beyond the capacity of available national research facilities necessary to raise the efficiency of desert locust control and survey;
d. to initiate and conduct training programs to fit personnel from the Region for service with or promotion within the Organization.
Article IV
The Council
1. There shall be a Council of the Organization (hereinafter referred to as "the Council"). Each Contracting Government shall be represented at sessions of the Council by a single delegate who may be accompanied by an alternate and by experts or advisers. Alternates, experts and advisers may take part in the proceedings of the Council but not vote, except in the case of an alternate who is duly authorized to substitute for a delegate.
2. The Council shall meet at least once each year in regular session at a date and place to be decided at its previous session.
3. The Council shall elect a Chairman and a Vice-Chairman from among its members. The Chairman and Vice-Chairman shall hold office for one year and may be re-elected,. In these elections due regard shall be paid to the principle of rotation of offices amongst the Contracting Governments.
4. Each Contracting Government shall through its delegate have one vote on the Council. It may delegate its vote to any other Contracting Government and shall notify such delegation of vote formally to the Chairman of the Council.
5. For any decision the necessary quorum shall require the actual presence of delegates of an absolute majority of the Contracting Governments.
6. Unless otherwise provided for in this Convention, decisions of the Council shall be taken by an absolute majority of the votes cast.
7. The Council shall adopt its own rules of procedure and financial regulations which shall include provisions for the audit of accounts by auditors appointed by it.
8. The Council shall establish an Executive Committee and determine its composition and functions. The Council shall normally elect from amongst its members a Chairman and the members of the Executive Committee. However, by unanimous decision, the Council may elect as Chairman and members of the Executive Committee individuals not representing the Contracting Governments on the Council but whose candidature has been submitted by one or more Contracting Governments. The Chairman shall hold office for a period of three years.
9. A special session of the Council may be convened by the Chairman of the Council on his own initiative or at the request of at least one half of the Contracting Governments.
10. The Council at its annual session shall examine the report of the Director of the Organization on the work of the Organization during the preceding year and the audited accounts of the Organization, and shall approve a program of work and adopt the budget for the ensuing financial year. Adoption of the budget shall be by a two-thirds majority of the membership of the Organization.
11. In order to provide for close co-operation with the Food and Agriculture Organization of the United Nations and for the co-ordination of activities in the field of locust control, the Council shall enter into an agreement with that Organization in accordance with the provisions of Article XIII.1 of the Constitution of the said Organization, which agreement shall provide inter alia for reciprocal representation.
12. The Council may invite any other organization to appoint observers to attend the sessions of the Council.
13. The Council shall have the right to invite any qualified individual to attend its meetings as a consultant.
Article V
Functions of the Council
1. The Council shall control, through the Director, the operations of the Organization.
2. The Council shall consult with Contracting Governments regarding the most appropriate action to be taken to control the desert locust in the Region.
3. The Council shall consult with the Contracting Governments regarding those programs of research and investigation which it believes will be most productive in developing the control of the desert locust in the Region.
4. While each country shall remain primarily responsible for desert locust control within its borders, the Council shall take all possible measures to co-ordinate the work of the national anti-locust services of the Contracting Governing within the Region, particularly as regards the exchanges of mutual assistance, and shall ensure the exchange between them of technical information relating to the movements, control and study of the desert locust.
Article VI
The Director and Staff of the Organization
1. The Council shall appoint a Director of the Organization who shall be the principal executive officer of the Organization, and subject to any general or special directions of the Council, shall be responsible for the operations of the Organization.
2. The Council may also appoint a Deputy Director of the Organization who shall discharge such functions as may be delegated to him by the Director with approval of the Council.
3. The Council shall determine the categories of staff of the Organization to be appointed and discharged by the Council, the Executive Committee or the Director as the case may be; and shall adopt staff regulations.
4. The duties of the Director shall be those necessary to ensure the discharge of the main functions of the Organization as outlined in Article III. The Director shall also be responsible for:
a. the transmission by means of periodic reports to Contracting Governments, to the Food and Agriculture Organization of the United Nations and to the Desert Locust Information Service and to any other official body considered appropriate by the Council, of full information on the nature of the locust infestations, the progress of research and the operation of control measures within the Region;
b. the maintenance of full co-operation with all other organizations concerned with the locust problem in accordance with the general directives of the Council;
c. the collection of the contributions of Contracting Governments;
d. the maintenance of the accounts of the Organization.
5. The Director shall represent the Organization in relation to third parties.
6. The Director shall open and operate on behalf of the Organization such banking accounts as may be required. He shall initiate or respond to all legal actions in which the Organization is involved.
7. The Director shall submit annually to the Council, a report on the work of the Organization covering the preceding year as well as a draft program of work and budget for the ensuing financial year. He shall transmit copies of these documents to the Contracting Governments not later than one month before the annual session of the Council. He shall also circulate to the members of the Council duly audited accounts.
Article VII
Obligations of Contracting Governments
1. Each Contracting Government shall undertake to carry out within its financial resources and in the light of the provisions of Article V.4 above, all possible measures, to control the desert locust in its territory within the Region by adopting the following procedures:
a. maintaining a permanent desert locust information and reporting service which will inter alia submit copies of regular reports to the Director of the Organization and to the Desert Locust Information Service simultaneously;
b. maintaining in the manner most appropriate to its needs at least the nucleus of a permanent desert locust control service;
c. promoting such research and survey work, including the maintenance of national field research stations, where appropriate, as may be compatible with its resources for the study of the desert locust and its plague dynamics;
d. developing and supporting the training of its nationals for the service of desert locust control;
e. facilitating the construction on its own territory of the buildings and/or airfields necessary to the operations of the Organization provided for in Article III. 2;
f. bearing the cost of attendance by its delegation at annual sessions of the Council. The cost of attendance by delegates or alternates at Special Sessions of the Council shall be borne by the Organization.
2. The Contracting Governments agree to extend to the Organization all the facilities which they can grant for carrying out its task within their respective national territories, on the basis of the pertinent clauses contained in the International Convention on the Privileges and Immunities of the Specialized Agencies, at least insofar as concerns the free movement of its materials and supplies necessary for the operations of the Organization; provided, however, that the Contracting Governments of this Convention shall have the power to limit, restrict or prohibit within their respective territories the movement of members, officers, employees, agents and instrumentalities of the Organization and/or of the Council or any other person or instrumentalities exercising authority or performing functions under this Convention.
Article VIII
Inspection of Activities
The Council may arrange for inspection to be made by a member of the Council of the activities of the Organization. Each Contracting Government shall facilitate the accomplishment of this task as regards its territories.
Article IX
Contributions
1. Each Contracting Government shall contribute in money, supplies or services, to the expenses of the equipment and operations of the Organization in the following proportions:
Ethiopia: 12 percent
France: 3 percent
Kenya: 55 percent
Somali Republic: 3 percent
Tanganyika: 20 percent
Uganda: 7 percent
provided that the costs of the Organization to be met from these contributions do not exceed the equivalent of US $ 784,000 in any financial year. Charges in excess of this amount which are not covered by other revenue will, if unanimously accepted by the Council, be met by Contracting Governments in accordance with proportions to be agreed unanimously by the Council.
The proportions indicated above will be revised by the unanimous vote of the Council:
a. in the event of adherences in accordance with Article X.4;
b. in the event of denunciation or withdrawal from this Convention in accordance with Article XI. 2.
2. These proportions will, also be subject to review by the Council at its third annual session after the coming into force of this Convention and will be adjusted if necessary in accordance with the conclusions of such review unanimously agreed upon.
3. The Council may accept contributions in money, supplies or services from governments not parties to this Convention, organizations and other sources to further the purpose of the Organization.
4. Annual contributions provided for under para. 1 above shall be paid before the end of the first month of the financial year of to which they apply.
5. Contributions shall be payable in currencies to be determined by the Council after consultation with Contracting Governments.
Article VIII
Inspection of Activities
The Council may arrange for inspection to be made by a member of the Council of the activities of the Organization. Each Contracting Government shall facilitate the accomplishment of this task as regards its territories.
Article X
Participation in the Convention
1. The Governments of Ethiopia, France, Kenya, Somali Republic, Tanganyika, and Uganda may become parties to this Convention by either:
a. signature, or
b. signature subject to ratification or approval followed by such ratification or approval.
2. On the date on which more than one half of the Governments mentioned in para. 1 above have become parties to it, the Convention shall come into force as concerns those Governments. As concerns other signatory Governments, it shall come into force on the date on which they have become parties to it under para. 1 above, and as regards governments adhering to the convention under para. 4 below, on the date of the deposit of the instruments of adherence.
3. The authentic text of this Convention as well as any instruments or ratification or approval shall be deposited with the Government of Ethiopia which instruments shall become effective as from the date of such deposit.
4. This Convention, once it has come into force, shall be open to adherence by any government whose territory is situated in the Region, by the deposit of an instrument of adherence. Any government whose territory is not situated in the Region may, with the unanimous approval of the Council, become a party to this Convention by the deposit of an instrument of adherence.
5. Instruments of adherence shall be deposited with the Government of Ethiopia and shall become effective from the date of such deposit.
6. The Government of Ethiopia shall inform immediately all signatory governments of the coming into force of the Convention, and thereafter all signatory and adhering governments of the deposit of any instrument of ratification, approval or adherence.
7. The signature of this Convention or adherence thereto may not be made subject to any reservation.
Article XI
Duration and Modification of the Convention
1. The provisions of this Convention shall not be modified nor shall it be denounced by any party to it for a period of five years from the date of the coming into force of the Convention. At the expiration of this period of five years the Contracting Governments shall consult to decide whether this Convention shall remain in force unmodified or whether it requires modification.
2. Should the present Convention remain in force in accordance with the terms of the preceding paragraph after the expiration of the period of five years mentioned therein, any Contracting Government shall be able to denounce it as far as it is concerned by written notification to the Government of Ethiopia. Denunciation shall take effect one year after the date of receipt of the notification by the Government of Ethiopia who shall immediately inform all signatory and adhering governments of such notification.
3. Notwithstanding anything contained in the preceding two paragraphs this Convention may be abrogated by unanimous agreement between all Contracting Governments after expiration of the five-year period provided for in Article XI. 1, or in the event of its supersession by any wider international agreement for the control of the desert locust. Furthermore, the Convention may be amended by agreement between all Contracting Governments to conform with the establishment of closer links with the Food and Agriculture Organization of the United Nations.
Article XII
Interpretation and Settlement of Disputes
Any dispute regarding the interpretation or application of this Convention, if not settled by the Council, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, unless the parties to the dispute agree to another method of settlement.
Article XIII
Liquidation
In the case of dissolution of the Organization, the Council shall appoint one or more executors who shall have complete power to determine the assets, pay off debts and carry out all the necessary operations in particular to distribute remaining assets among the Contracting Governments who participated in the Organization, taking into particular account contributions in kind which may have been made by the Contracting Governments.
Article XII
Interpretation and Settlement of Disputes
Any dispute regarding the interpretation or application of this Convention, if not settled by the Council, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, unless the parties to the dispute agree to another method of settlement.
Article XIV
Registration
The Government of Ethiopia shall cause this Convention to be registered with the Secretariat of the United Nations in accordance with the provisions of Article 102 of the Charter of the United Nations.
Done at Addis Ababa the 20th day of August 1962 in a single copy in the English and French languages, the text in each of these languages being equally authentic. The Government of Ethiopia shall transmit duly certified copies thereof to all Contracting Governments.
