Agreement regarding the Desert Locust Control Organization for Eastern Africa
Source: http://www.fao.org/docrep/meeting/007/50641E/50641E05.htm, downloaded 20100705
[Explanatory note:
The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda,
Being parties to the Convention for the Establishment of the Desert Locust Control Organization from Eastern Africa signed in Addis Ababa on 20 August 1962;
Considering
1. the provision contained in Article XI, paragraph 3 of the Convention to the effect that "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";
2. the wish unanimously expressed by the Governments parties to the Convention that the latter be amended for the purpose of establishing the Desert Locust Control Organization for Eastern Africa within the framework of the Food and Agriculture Organization of the United Nations by an agreement to be concluded under Article XV of the Constitution of the said Organization;
3. the terms of Resolution No. 45/63 adopted on 4 December 1963 by the Twelfth Session of the Conference of the Food and Agriculture Organization of the United Nations by which the Director-General and the Council of that Organization were authorized to take appropriate steps for achieving the purpose referred to in the preceding paragraph, bearing in mind the principles governing agreements concluded under Article XV of the Constitution of the Food and Agriculture Organization of the United Nations;
Hereby agree to amend the Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa and to that effect to adopt the amendments to the text of the Convention heretofore in force which are given in Annex A hereto, it being understood that the amended text appearing as Annex B hereto which shall be entitled "Agreement regarding the Desert Locust Control Organization for Eastern Africa" shall, once approved by the Council of the Food and Agriculture Organization of the United Nations, enter into force as provided for in Article XXVII of said Agreement, as soon as the Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda and the Food and Agriculture Organization of the United Nations have become parties thereto.
End of explanatory note.]
Annex B
Agreement regarding the Desert Locust Control Organization for Eastern Africa
Preamble
The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda and the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO"),
DESIRING to reinforce on an international regional basis the control of the desert locust in Eastern Africa,
HAVE AGREED as follows:
Article I
1. The Contracting Parties hereby establish, within the framework of FAO, "The Desert Locust Control Organization for Eastern Africa" (hereinafter referred to as "DLCO-EA") for the purpose of undertaking on an international basis within Eastern Africa such action provided for in this Agreement as may lead to effective control of the desert locust in Eastern Africa.
2. For the purposes of this Agreement, Eastern Africa shall comprise Ethiopia, French Somaliland, Kenya, Somali Republic, Sudan, the United Republic of Tanzania, and Uganda and shall be hereinafter referred to as "the Region".
3. For the purposes of this Agreement, the expression "the Contracting Parties" means such Contracting Governments and FAO as have become parties to this Agreement in accordance with the provisions of Article XIX below.
Article II
Participation
Participation in this Agreement shall be open to:
- the Governments of Ethiopia, France, Kenya, Somali Republic, Sudan, the United Republic of Tanzania, and Uganda;
- FAO;
- such other Governments as are referred to in Article XIX paragraph 4 below.
Article III
Site and Legal Status
1. The Headquarters of DLCO-EA shall be at Asmara, Ethiopia. The main operational base of DLCO-EA shall be at Hargeisa, Somali Republic.
2. DLCO-EA shall have the capacity of an international legal person to perform any legal act appropriate to its purpose in accordance with the provisions of the present Agreement. 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.
3. Save for the obligations expressly provided for under this Agreement the Contracting Parties shall not be responsible for any civil, financial, or other obligations in respect of DLCO-EA.
Article IV
Objectives and Functions
1. The objectives of DLCO-EA 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 DLCO-EA 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 DLCO-EA.
Article V
Organs
The Organs of DLCO-EA shall be:
- the Governing Council;
- the Technical Committee;
- the Director.
Article VI
The Governing Council
1. There shall be a Governing Council of DLCO-EA (hereinafter referred to as "the Governing Council"), which shall consist of:
- one representative of each of the Contracting Governments;
- the Director-General of FAO or his representative, acting in an advisory capacity.
2. Each Contracting Government shall be represented at sessions of the Governing 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 Governing Council but not vote, except in the case of an alternate who is duly authorized to substitute for a delegate. Contracting Governments that are more than two years in arrears with their contributions shall lose their right to vote.
3. The Governing Council shall hold at least one regular session each year at a date and place to be decided at its previous regular session.
4. A special session of the Governing Council may be convened by the Chairman of the Governing Council on his own initiative or at the request of a Contracting Government or of the Director-General of FAO. Such a session shall be convened if at least one half of the Contracting Governments so request.
5. The Governing Council shall elect for one year a Chairman and a Vice-Chairman from among its members. The Chairman and Vice-Chairman, may, however, hold office until the election of their successors. In these elections due regard shall be paid to the principle of rotation of offices among the Contracting Governments.
6. Each Contracting Government shall have one vote on the Governing Council. It may delegate its vote to any other Contracting Government and shall notify such delegation of vote formally to the Chairman of the Governing Council.
7. For any decision the necessary quorum shall require the actual presence of delegates of an absolute majority of the Contracting Governments.
8. Unless otherwise provided for in this Agreement, decisions of the Governing Council shall be taken by an absolute majority of the votes cast.
9. The Governing Council may invite any qualified individual to attend its meetings as a consultant.
Article VII
Functions of the Governing Council
1. The Governing Council shall control and determine the operations of DLCO-EA.
2. The Governing Council shall consult, through its Chairman, with Contracting Governments regarding the most appropriate action to be taken to control the desert locust in the Region.
3. The Governing Council shall consult, through its Chairman, 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 Governing Council shall take all possible measures to co-ordinate the work of the national anti-locust services of the Contracting Governments within the Region, particularly as regards the exchange of mutual assistance, and shall ensure the exchange between them of technical information relating to the movements, control and study of the desert locust.
5. The Governing Council shall adopt the General Rules, Financial Regulations, Rules of Procedure and Staff Regulations of DLCO-EA. Subject to their adaptation to the special requirements of DLCO-EA, the General Rules, Financial Regulations and Rules of Procedure and all amendments thereto shall be based upon the relevant provisions of the General Rules, Financial Regulations and Rules of Procedure and all amendments thereto shall be based upon the relevant provisions of the General Rules, Financial Regulations and Rules of Procedure of FAO. The working languages of DLCO-EA shall be English and French.
6. The Governing Council at its regular sessions shall:
a. examine the report of the Director on the work of DLCO-EA, during the preceding year and transmit this report with its decisions to the Director-General of FAO for submission to the Council of FAO;
b. examine the audited accounts submitted in accordance with Article XV below and approve them;
c. adopt a program of work and budget for the ensuing financial year taking duly into account any proposal by the Director-General of FAO. The program of work and budget shall, before implementation, be submitted to the Director-General of FAO for approval. As regards the program of work, such approval shall relate to the broad lines of activity to be undertaken and, with respect to the budget, to the overall level and its division between the broadlines of activity, while ascertaining that suitable appropriations have been made for the implementation of the activities it being understood, however, that sufficient flexibility shall be allowed for transfers within the budget for practical operational purposes. Adoption of the budget shall be by a two-thirds majority of the Contracting Governments.
Article VIII
The Technical Committee and other Subsidiary Bodies
1. The Governing Council shall establish a Technical Committee and determine its composition and functions after consultation with the Director-General of FAO who shall report thereon to the FAO Council. The Director-General of FAO or his representative shall be a member of the Technical Committee acting in an advisory capacity.
2. The Governing Council may establish other subsidiary bodies as it deems fit.
3. The Technical Committee and other subsidiary bodies may adopt their own Rules of Procedure which shall be based on the Rules of Procedure of the Governing Council.
Article IX
The Director of DLCO-EA
1. The Governing Council shall, with the approval of the Director-General of FAO, appoint a Director of DLCO-EA who shall be the principal executive officer of DLCO-EA and, subject to any general or special directions of the Governing Council, shall be responsible for the operations of DLCO-EA. The conditions of the appointment of the Director shall be determined by the Governing Council with the approval of the Director-General of FAO.
2. The Governing Council may also, after prior consultation with the Director-General of FAO, appoint Associate Directors of DLCO-EA who shall discharge such functions as may be delegated to them by the Director with the approval of the Governing Council.
3. The duties of the Director shall be those necessary to ensure the discharge of the main functions of DLCO-EA as outlined in Article IV above. The Director shall also be responsible for:
a. the transmission by means of periodic reports to Contracting Governments, to FAO and to the Desert Locust Information Service and to any other official body considered appropriate by the Governing 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 Governing Council and subject to Article XVII, paragraph 4 below;
c. the collection of the contributions of Contracting Governments;
d. the maintenance of the accounts of DLCO-EA.
4. The Director shall represent DLCO-EA in its relations with third parties subject to Article XVII below.
5. The Director shall open and operate on behalf on DLCO-EA such banking accounts as may be required. He shall initiate or respond to all legal actions in which DLCO-EA is involved.
6. The Director shall submit annually to the Governing Council, a report on the work of DLCO-EA 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 and to the Director-General of FAO not later than one month before the regular session of the Governing Council. He shall also circulate to all Contracting Parties duly audited accounts.
Article X
Staff
1. The Governing Council shall determine the categories of staff to be appointed.
2. Subject to Article IX, paragraph 1 above, the staff of DLCO-EA shall be appointed by the Director in accordance with the staff regulations adopted by the Governing Council. The staff shall be responsible to and under the immediate supervision of the Director.
3. The staff shall be recruited on as wide a geographical basis as possible from among nationals of the Contracting Governments, provided, however, that the recruitment of staff who are not nationals of Contracting Governments shall not be precluded where considered desirable.
4. The responsibility of the entire staff, including the Director, in exercising their functions shall be international in character.
Article XI
Obligations of Contracting Governments
Each Contracting Government shall undertake to carry out within its financial resources and in the light of the provisions of Article VII, paragraph 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 DLCO-EA 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 DLCO-EA provided for in Article IV, paragraph 2 above.
Article XII
Contributions
1. Each Contracting Government shall contribute in money, supplies or services, to the expenses of the program of work of DLCO-EA in accordance with the following scale:
Ethiopia 12 percent
France 3 percent
Kenya 55 percent
Somali Republic 3 percent
United Republic of Tanzania 20 percent
Uganda 7 percent
provided that the costs of DLCO-EA to be met from these contributions do not exceed the equivalent of US $600,000 in any financial year. The Governing Council shall at each regular session determine the proportion of the contributions to be paid in cash. In the event of additional contributions being required in exceptional circumstances, such contributions, if unanimously accepted by the Governing Council, shall be met by Contracting Governments in accordance with proportions to be agreed unanimously by the Governing Council.
The proportions indicated above shall be revised by a unanimous decision of the Governing Council:
a. in the event of adherences in accordance with Article XIX, paragraphs 4 and 5 below;
b. in the event of denunciation or withdrawal from this Agreement in accordance with Article XXIII below.
2. These proportions shall, after 15 October 1965, also be subject to review by the Governing Council at any regular session of the Governing Council and may be adjusted if necessary in accordance with the conclusions of such review unanimously agreed upon.
3. The Governing Council may, after prior consultation with the Director-General of FAO, accept contributions in money, supplies or services from governments not parties to this Agreement, organizations and other sources, to further the purposes of DLCO-EA.
4. Annual contributions provided for under paragraph 1 above shall be paid before the end of the first month of the financial year of DLCO-EA to which they apply.
5. Contributions shall be payable in currencies to be determined by the Governing Council after consultation with Contracting Governments.
Article XIII
Assistance from FAO
1. FAO, at the request of the Governing Council of DLCO-EA, may, to the extent feasible, offer advice and provide technical guidance on the organization and program of work of DLCO-EA. Moreover, subject to appropriate procedures, assistance may be offered in the actual implementation of the program of work of DLCO-EA through the United Nations Expanded Program of Technical Assistance, the United Nations Special Fund or other similar programs, when such a course of action is deemed appropriate and feasible by the Director-General of FAO.
2. In order to ensure co-operation between FAO and DLCO-EA through consultation, mutual assistance and joint action in fields of common interest in accordance with the principles of FAO and DLCO-EA, FAO shall invite an observer from DLCO-EA to sessions of appropriate FAO bodies dealing with desert locust control. The Director-General of FAO and the Director of DLCO-EA shall, moreover, keep each other fully informed of all relevant programs of work and projected activities of their respective Organizations which may be of mutual interest. FAO shall supply to DLCO-EA all appropriate technical documents pertaining to desert locust control which are circulated by FAO to its Member Nations and Associate Members and to its Desert Locust bodies, as well as any other relevant FAO publications.
Article XIV
Expenses relating to Attendance at Sessions of the Governing Council, the Technical Committee and other Subsidiary Bodies
1. Contracting Governments shall bear the expenses relating to the attendance of their delegations at all sessions of the Governing Council, the Technical Committee and other subsidiary bodies.
2. The expenses of experts attending in their individual capacity sessions of the Governing Council, the Technical Committee or other subsidiary bodies on the invitation of the Governing Council shall be borne by DLCO-EA.
3. FAO shall bear the expenses of the Director-General of FAO or his representative relating to their attendance at sessions of the Governing Council, the Technical Committee or other subsidiary bodies.
4. The expenses of observers attending sessions of the Governing Council, the Technical Committee or other subsidiary bodies, in the light of the provisions of Article XVII below, shall be borne by the Governments or international organizations concerned.
Article XV
Audit of Accounts
1. The Accounts of DLCO-EA shall be audited by the external auditor or auditors appointed by the Governing Council after prior consultation with the Director-General of FAO.
2. The accounts shall be audited annually.
3. The audited accounts shall be submitted to the Director-General of FAO for comments and to the Governing Council for approval.
4. The accounts, books, registers, or other documents relating to the financial management of DLCO-EA shall, at all times, be open to inspection by the representative of any Contracting Government or of the Director-General of FAO.
Article XVI
Inspection of Activities
1. The Governing Council may arrange for inspections to be made by a member of the Governing Council of the activities of DLCO-EA.
2. The Director-General of FAO, or his representative, may at any time carry out an inspection of the activities of DLCO-EA.
3. Each Contracting Government shall facilitate the accomplishment of the inspections referred to in the two preceding paragraphs, as regards its territories.
Article XVII
Relations with Governments and Organizations
1. Any arrangement between DLCO-EA and governments that are not parties to this Agreement shall be made by the Director-General of FAO.
2. Any Member Nation or Associate Member of FAO that is not a Member of DLCO-EA may, upon its request, be represented by an observer at sessions of the Governing Council, of the Technical Committee and other subsidiary bodies.
3. Governments which, while not parties to the Agreement nor Members or Associate Members of FAO are Members of the United Nations may, upon request and with the approval of the Council of FAO and of the Governing Council, attend sessions of the Governing Council.
4. Participation of international organizations in the work of DLCO-EA and the relations between DLCO-EA and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of FAO as well as by the rules on relations with international organizations adopted by the FAO Conference. All such relations shall be dealt with by the Director-General of FAO.
Article XVIII
Privileges and Immunities
1. The Contracting Governments shall extend to DLCO-EA all the facilities which they can grant for carrying out its task within their respective national territories and undertake to apply to FAO and its staff that may be in their respective territories in the Region in connection with DLCO-EA activities and, mutatis mutandis, to the property, assets and staff of DLCO-EA the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies.
2. Any serious difficulty which may arise in connection with the application of the preceding paragraph shall be reported to the Director-General of FAO by the Chairman of DLCO-EA or the Contracting Government concerned.
Article XIX
Modes of participation in the Agreement
1. FAO may become a party to this Agreement by signature by the Director-General, duly authorized to this effect by the FAO Council, in accordance with Article XV of the FAO Constitution.
2. The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda may become parties to this Agreement by either:
a. signature, or
b. signature subject to ratification or approval followed by such ratification or approval.
3. Instruments of ratification or approval shall be deposited with the Director-General of FAO. The Director-General of FAO shall inform all the Governments mentioned in paragraph 1 above of any signature appended to this Agreement and of the receipt of any instrument of ratification or approval.
4. This Agreement once it has come into force shall be open to adherence by:
a. Any Member Nation or Associate Member of FAO situated in the Region;
b. Any Government that is a Member of the United Nations while not a member of FAO, whose territory is situated in the Region, after approval at any session of the Governing Council by a two-thirds majority of the Contracting Governments.
5. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of FAO who shall inform all Contracting Governments, all Member Nations and Associate Members of FAO and the Secretary-General of the United Nations. Adherences shall become effective as from the date of receipt of the instrument of adherence by the Director-General of FAO.
Article XX
Reservations
Signature of or adherence to this Agreement may not be made subject to any reservation.
Article XXI
Territorial Application
When becoming a party to this Agreement, each Government shall specify the scope of the territorial application of this Agreement as regards that Government. In the absence of such a declaration, the Agreement shall be deemed to apply to all the territories of the country concerned which are situated in the Region.
Article XXII
Amendments
1. This Agreement may be amended at any session of the Governing Council by decision taken by two-thirds of the Contracting Governments, providing notice of the proposed amendment has been given by the Director-General of FAO to all Contracting Governments at least 120 days before the opening of the session at which the amendment is to be considered.
2. Proposals for the amendment of the Agreement may be formulated by any Contracting Government, the Governing Council or the Director-General of FAO and, in the case of the former two, shall be communicated to the Director-General of FAO.
3. Any amendment adopted by the Governing Council shall become effective only with the concurrence of the FAO Council, unless the FAO Council considers it desirable to refer the amendment to the Conference for approval, and shall come into force only from the date of the decision of the FAO Council or Conference as the case may be, provided that any amendment involving new obligations for the Governments that are parties to this Agreement shall, after adoption by the Governing Council, come into force in respect to each such Government only on its acceptance of such amendment.
4. Instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of FAO. The rights and obligations of Contracting Parties that have not accepted an amendment involving additional obligations shall continue to be governed by the provisions of the Agreement as they stood prior to the amendment.
5. The Director-General of FAO shall inform all Contracting Governments and the Secretary-General of the United Nations of the entry into force of the amendments and of the receipt of acceptances of amendments involving new obligations.
Article XXIII
Denunciation
1. Any Contracting Government may at any time after 15 October 1967 or after the expiration of one year from the date on which it became a party to this Agreement, whichever is the later, denounce this Agreement by a written notification to the Director-General of FAO. The Director-General of FAO shall immediately inform all Contracting Governments, Member Nations and Associate Members of FAO as well as the Secretary-General of the United Nations of the receipt of such notification.
The denunciation shall take effect one year after the date of receipt by the Director-General of FAO of the notification of denunciation.
2. The Director-General of FAO, acting in pursuance of a decision of the FAO Conference or Council, may at any time by written notification to all Contracting Governments, the Chairman of the Governing Council and to the Director of DLCO-EA denounce this Agreement.
3. The financial obligations of Governments having denounced the Agreement shall include the entire financial year in which the denunciation takes effect.
4. Any Member Nation or Associate Member of FAO party to this Agreement, that gives notice of withdrawal from FAO, shall be deemed to have simultaneously denounced this Agreement subject to the provisions of Article XIX paragraph 4(b).
Article XXIV
Termination
1. This Agreement shall be terminated if:
a. it is denounced by FAO, or
b. the number of Contracting Governments, as the result of denunciations, falls below four. In this case, the Agreement may be maintained in force if the remaining Governments unanimously so decide, with the concurrence of the FAO Council.
2. Termination shall be effective one year after it has been denounced by FAO or after receipt by the Director-General of FAO of the necessary notifications from Contracting Governments.
Article XXV
Liquidation
In the case of termination of the Agreement, the Governing Council, with the approval of the Director-General of FAO shall appoint one or more executors who shall determine the assets, pay the debts and carry out all necessary operations under the supervision of the Director-General of FAO, and in particular distribute remaining assets among the Contracting Governments in proportion to the contributions they have paid throughout the period of operation of DLCO-EA, subject to any claims or rights of FAO, taking into particular account contributions in kind which may have been made by the Contracting Parties.
Article XXVI
Interpretation and Settlement of Disputes
Any dispute regarding the interpretation or application of this Agreement, if not settled by the Governing Council in consultation with the Director-General of FAO, 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 dispute 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 or Article XVII-2 of the FAO Constitution, unless the parties to the dispute agree to another method of settlement. In the case of an advisory opinion by the International Court of Justice, such opinion shall be given the most serious consideration by the Parties to this Agreement.
Article XXVII
Entry into Force
This Agreement, approved by the FAO Council on the second day of July 1965 and constituting an amended version of the Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa signed on 20 August 1962, shall come into force as soon as the Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania and Uganda and FAO have become parties thereto. The Director-General of FAO shall immediately inform all signatory Governments of the coming into force of this Agreement.
Done at Rome on the second day of July one thousand nine hundred and sixty five in two copies, each in the English and French languages, which languages shall be equally authoritative. One copy of the Agreement shall be deposited with the Secretary-General of the United Nations for registration and the other in the archives of FAO.
IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Agreement on behalf of the respective Governments and FAO on the dates appearing opposite their signatures.
