Guidance by the Governing Body on Article 9: A Non-Issue to Begin With

Much of the contentions on the draft Resolution and the working documents on Article 9 as an agenda item to be deliberated by the Governing Body in its 2nd Session lay on the issue of the role of the Governing Body in providing guidance to Contracting Parties on the implementation of Article 9 in their respective jurisdictions. As argued by the North American Regional Group (Canada), European Regional Group (Portugal), and Southwest Pacific Group (Australia), its implementation rests with national governments and guidance is not a core function of the Governing Body.


Finding that the crux of the differences was mainly on the issue of whether or not the provisions of the International Treaty preclude the Governing Body from providing guidance to the Contracting Parties on the implementation of Article 9, the legal counsel of FAO succinctly and rhetorically answered. Undeniably, implementation of Article 9 of the International Treaty rests with national governments. Considering that it is the Contracting Parties themselves which came to an agreement to come up with the International Treaty, there is no arguing that the Contracting Parties themselves can submit to the Governing Body issues they deem the Governing Body can provide guidance on.


Whether or not the Governing Body can provide guidance on the Treaty's implementation, specifically on Article 9? This is a non-issue.