United Nations General Assembly observers explained
The United Nations General Assembly has granted observer status to international organizations, entities, and non-member states, to enable them to participate in the work of the United Nations General Assembly, though with limitations. The General Assembly determines the privileges it will grant to each observer, beyond those laid down in a 1986 Conference on treaties between states and international organizations.[1] Exceptionally, the European Union (EU) was in 2011 granted the right to speak in debates, to submit proposals and amendments, the right of reply, to raise points of order and to circulate documents, etc., the EU is the only international organization to hold these enhanced rights, which has been likened to the rights of full membership, short of the right to vote.
Observer status may be granted by a United Nations General Assembly resolution. The status of a permanent observer is based purely on practice of the General Assembly, and there are no provisions for it in the United Nations Charter.[2] The practice is to distinguish between state and non-state observers. Non-member states are members of one or more specialized agencies, and can apply for permanent observer state status.[2] Non-state observers are the international organizations and other entities.
Non-member observers
The General Assembly may invite non-member entities to participate in the work of the United Nations without formal membership, and has done so on numerous occasions. Such participants are described as observers, some of which may be further classified as non-member state observers. Most former non-member observer states accepted observer status at a time when they had applied for membership but were unable to attain it, due to the actual or threatened veto by one or more of the permanent members of the Security Council. The grant of observer status is made by the General Assembly only; it is not subject to a Security Council veto.
In some circumstances a state may elect to become an observer rather than full member. For example, to preserve its neutrality while participating in its work, Switzerland chose to remain a permanent non-member state observer from 1948 until it became a member in 2002.
Current non-member observers
See also: Holy See and the United Nations and Palestine and the United Nations.
, there are two permanent non-member observer states in the General Assembly of the United Nations: the Holy See and the State of Palestine. Both were described as "Non-Member States having received a standing invitation to participate as Observers in the sessions and the work of the General Assembly and maintaining Permanent Observer Missions at Headquarters".[3]
The Holy See uncontroversially obtained its non-member observer state status in 1964. The Holy See did not wish to join the United Nations as a member because "Membership in the organization would not seem to be consonant with the provisions of Article 24 of the Lateran Treaty, particularly as regards spiritual status and participation in possible use of force."[4] Since April 6, 1964, the Holy See has accepted permanent observer state status, which was regarded as a diplomatic courtesy, to enable the Holy See to participate in the UN's humanitarian activities and in the promotion of peace.
In 2012, Palestine's observer status was changed from "non-member observer entity" to "non-member observer state", which many called "symbolic".[5] The change followed an application by Palestine for full UN membership in 2011[6] as part of the Palestine 194 campaign, to provide additional leverage to the Palestinians in their dealings with Israel.[7] The application had not been put to a UN Security Council vote.[8] With the change in status, the United Nations Secretariat held that Palestine was entitled to become a party to treaties for which the UN Secretary-General is the depositary.[9] On 17 December 2012, UN Chief of Protocol, Yeocheol Yoon, declared that "the designation of 'State of Palestine' shall be used by the Secretariat in all official United Nations documents."[10]
The seating in the General Assembly Hall is arranged with non-member observer states being seated immediately after UN member states, and before other observers. On 10 September 2015, the General Assembly resolved to approve the raising at the UN of the flags of non-member observer states alongside those of the 193 UN member states.[11]
Non-Member State | Date observer status was granted | Additional timeline and details |
---|
valign=top | Holy See | valign=top | 6 April 1964: granted permanent observer state status 1 July 2004: gained all the rights of full membership except voting rights, submission of resolution proposals without co-sponsoring, and putting forward candidates (A/RES/58/314) | valign=top | The sovereign entity with statehood over the territory of the Vatican City State. |
valign=top | State of Palestine | valign=top | 14 October 1974: the United Nations General Assembly recognized the Palestine Liberation Organization (PLO) as the representative of the Palestinian people, and granted it the right to participate in the deliberations of the General Assembly on the question of Palestine in plenary meetings (A/RES/3210 (XXIX))[12] 22 November 1974: non-state observer status granted to the PLO (A/RES/3237 (XXIX)) 9 December 1988: granted the right to circulate communications without an intermediary (A/RES/43/160) < | -- (3) -->15 December 1988: designation changed to "Palestine" (A/RES/43/177) 7 July 1998: granted additional rights, including the right to participate in general debate (A/RES/52/250) 29 November 2012: status changed to non-member observer state (A/RES/67/19):[13] < | -- (6)-->16 October 2018: temporarily granted additional rights while Palestine was Chair of the Group of 77 for 2019 (A/RES/73/5).[14] 10 May 2024: granted additional rights, including being seated with member states, the right to introduce proposals and agenda items, and participate in committees, but not the right to vote (A/ES-10/23).[15] | valign=top | 28 October 1974: PLO recognized as "sole legitimate representative of the Palestinian people", by states of the seventh Arab summit (and later by over 100 states with which it holds diplomatic relations and by Israel).[16] [17] [18] [19] 22 November 1974: PLO recognized as competent on all matters concerning the question of Palestine by the UN General Assembly in addition to the right of the Palestinian people in Palestine to national independence and sovereignty. < | -- (3) -->15 November 1988: PLO unilaterally declared the State of Palestine. 4 May 1994: PLO established the Palestinian National Authority territorial administration as result of the Oslo Accords signed by the PLO itself, Israel, United States and Russia. 7 July 1998: PLO has been assigned seating in the General Assembly Hall immediately after non-member States and before the other observers.[20] < | -- (6)-->23 September 2011: State of Palestine applies for UN membership 17 December 2012: UN Chief of Protocol Yeocheol Yoon decides that "the designation of 'State of Palestine' shall be used by the Secretariat in all official United Nations documents."[21] | |
---|
- Notes
- The Cook Islands and Niue, both states in free association with New Zealand, are members of several UN specialized agencies, and have had their "full treaty-making capacity" recognized by United Nations Secretariat in 1992 and 1994 respectively. The Cook Islands has expressed a desire to become a UN member state, but New Zealand has said that they would not support the application without a change in their constitutional relationship, in particular the right of Cook Islanders to New Zealand citizenship.[22]
- The Republic of China (ROC), commonly known as Taiwan, was a founding member of the United Nations representing China, which had been divided between the ROC and the People's Republic of China (PRC) since the Chinese Civil War. However, in 1971 United Nations General Assembly Resolution 2758 transferred China's seat in the UN from the ROC to the PRC. Since then, Taiwan has sought to resume its participation in UN activities. Various methods were considered, including seeking observer status,[23] but ultimately the ROC chose to submit more vague requests which did not specify the form of participation it sought between 1993 and 2006.[24] [25] These requests have been consistently denied due to the UN's recognition of the PRC as the "legitimate representative of China to the United Nations".[26] The UN Secretary-General concluded from the resolution that the General Assembly considered Taiwan to be a province of China rather than an independent country (something that the ROC contests with the PRC), and thus it is not eligible to become party to treaties for which the UN Secretary-General is the depositary.[27]
- Other countries are recognized by the United Nations as not being self-governing and appear on the United Nations list of non-self-governing territories, but are represented in the UN by their respective administering member state.[28]
Former non-member observers
Sixteen former non-member states were also granted observer status.[29] [30] Fourteen of those states eventually became members of the United Nations. The other two constitute a single special case.
Most of the former non-member observer states accepted this status at a time when they had applied for membership but were unable to attain it, due to the (actual or threatened) veto of one or more of the permanent members of the Security Council. The vetoes were later overcome either by changes in geopolitical circumstances, or by "package deals" under which the Security Council approved multiple new member states at the same time, as was done with a dozen countries in 1955 and with East and West Germany in 1973.
- Notes
Entities and international organizations
Many intergovernmental organizations and a few other entities (non-governmental organizations and others with various degrees of statehood or sovereignty), are invited to become observers at the General Assembly. Some of them maintain a permanent office in the United Nations headquarters in New York City, while others do not; however, this is the choice of the organization and does not imply differences in their status.[31]
Regional organization allowed by their member states to speak on their behalf
See main article: European Union and the United Nations.
While the EU is an observer, it is party to some 50 international UN agreements as the only non-state participant. It is a full participant on the Commission on Sustainable Development, the Forum on Forests and the Food and Agriculture Organization. It has also been a full participant at certain UN summits, such as the Rio and Kyoto summits on climate change, including hosting a summit. Furthermore, the EU delegation maintains close relations with the UN's aid bodies.[32] In 2011 the EU was granted enhanced powers in the General Assembly; the right to speak in debates, to submit proposals and amendments, the right of reply, to raise points of order and to circulate documents. These rights were also made open to other international organizations who requested them,[33] [34] if their members have given them the right to speak on their behalf.
In the resolution adopted in May 2011 granting additional rights to the European Union the UNGA decided that similar arrangements may be adopted for any other regional organization that is allowed to speak on behalf of its member states.
Intergovernmental organizations
Those organizations that have permanent offices at the United Nations headquarters are marked with an asterik (*).
Notes and References
- Book: Robbie Sabel. Rules of Procedure at the UN and at Inter-Governmental Conferences . 14 December 2017 . Cambridge University Press. 978-1-316-78210-1. 55.
- Web site: About Permanent Observers . United Nations . 4 May 2018. live . https://web.archive.org/web/20160502165825/http://www.un.org/en/members/aboutpermobservers.shtml. 2 May 2016.
- Web site: Non-Member States . United Nations .
- [James Crawford (jurist)|James Crawford]
- American Society of International Law, 7 December 2012: Legal Implications of the UN General Assembly Vote to Accord Palestine the Status of Observer State, by John Cerone
- News: Ban sends Palestinian application for UN membership to Security Council. United Nations. 23 September 2011. live. https://web.archive.org/web/20170703164241/http://www.un.org/apps/news/story.asp?NewsID=39722&Cr=palestin&Cr1=. 3 July 2017.
- CNN, 30 November 2012, U.N. approves Palestinian 'observer state' bid
- Web site: UN vote on Palestinian state put off amid lack of support . McGreal. Chris. 11 November 2011. 27 October 2018. The Guardian.
- Web site: EU Council Working Group on Public International Law – COJUR. O'Brien. Patricia. Patricia O'Brien. 2013-02-06. 2016-04-25. United Nations Office of Legal Affairs. live. https://web.archive.org/web/20150911124208/http://legal.un.org/ola/media/info_from_lc/POB%20COJUR.pdf. 2015-09-11.
- News: U.N. Adds New Name: "State of Palestine" . Ali. 20 December 2012. 10 January 2013. The Daily Beast. live. https://web.archive.org/web/20121221170726/http://www.thedailybeast.com/articles/2012/12/20/u-n-adds-new-name-state-of-palestine.html. 21 December 2012.
- Web site: Anna . Cara . Lederer . Edith . Edith Lederer . 2015-09-11 . UN strongly approves Palestinian proposal to raise flag . 2024-05-19 . AP News . en.
- UNGA, 14 October 1974; Resolution 3210 (XXIX). Invitation to the Palestine Liberation Organization (doc.nr.A/RES/3210 (XXIX))
- http://www.un.int/wcm/content/site/palestine/ Permanent Observer Mission of Palestine to the United Nations
- Web site: U.N. allows Palestinians to act more like full member in 2019. Reuters. October 16, 2018. November 1, 2019.
- Web site: Admission of new Members to the United Nations : resolution / adopted by the General Assembly. 2024-05-10. 2024-05-12. United Nations.
- http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Israel-PLO+Recognition+-+Exchange+of+Letters+betwe.htm Israel-PLO Recognition-Exchange of Letters between PM Rabin and Chairman Arafat-Sept 9- 1993
- News: At the threshold of peace Mutual recognition ends 3 decades of strife between Israel and PLO ISRAELI-PLO PEACE TALKS. 6 April 2010. live. http://archive.wikiwix.com/cache/20110628044408/http://articles.baltimoresun.com/1993-09-10/news/1993253104_1_israel-and-plo-palestinians-israeli-plo. 28 June 2011.
- [Madiha Rashid Al-Madfai]
- Book: Isolated states: a comparative analysis. 155. Deon. Geldenhuys. Cambridge University Press. 1990. 9780521402682.
- https://www.un.org/en/members/nonmembers.shtml UN observers: Non-member States and Entities
- News: U.N. Adds New Name: "State of Palestine". Gharib. Ali. 20 December 2012. 10 January 2013. The Daily Beast. live. https://web.archive.org/web/20121221170726/http://www.thedailybeast.com/articles/2012/12/20/u-n-adds-new-name-state-of-palestine.html. 21 December 2012.
- Web site: NZ PM rules out discussion on Cooks UN membership. 2015-06-19. 2016-04-16. Radio New Zealand. live. https://web.archive.org/web/20160427063929/http://www.radionz.co.nz/international/pacific-news/276695/nz-pm-rules-out-discussion-on-cooks-un-membership. 2016-04-27.
- Book: Lindemann, Björn Alexander. Cross-Strait Relations and International Organizations: Taiwan's Participation in IGOs in the Context of Its Relationship with China. 2014. Springer Science+Business Media. 258. 9783658055271.
- Web site: Taiwan's UN Dilemma: To Be or Not To Be . 2019-03-07 . Winkler . Sigrid . 2012-06-20 . . Washington D.C. .
- News: . U.N. again throws out Taiwan bid for recognition . 27 October 2013 . 18 September 2008 . live . https://web.archive.org/web/20131029210629/http://www.reuters.com/article/2008/09/18/us-taiwan-un-idUSTP7324920080918 . 29 October 2013 .
"This time, Taiwan was not applying for membership, just to take part in unspecified U.N. 'activities'."
- News: . Taiwan drops annual U.N. bid as China relations warm . 27 October 2013 . 4 February 2009 . live . https://web.archive.org/web/20131029210610/http://www.reuters.com/article/2009/09/04/us-taiwan-un-idUSTRE5830QM20090904 . 29 October 2013 .
- Web site: Final Clauses of Multilateral Treaties . 2003. 2016-04-25. United Nations. Hence, instruments received from the Taiwan Province of China will not be accepted by the Secretary-General in his capacity as depositary.. live. https://web.archive.org/web/20160331070613/https://treaties.un.org/doc/source/publications/FC/English.pdf. 2016-03-31.
- https://www.un.org/Depts/Cartographic/map/profile/world00.pdf UN THE WORLD TODAY (PDF)
- Book: Connie L. McNeely. Constructing the nation-state: international organization and prescriptive action. 1 May 2011. 1995. Greenwood Publishing Group. 978-0-313-29398-6. 44–45.
- Web site: Status of Palestine at the United Nations. Permanent Observer Mission of Palestine to the United Nations. 1 May 2011. dead. https://web.archive.org/web/20110722013531/http://www.un.int/wcm/content/site/palestine/pid/11550. 22 July 2011.
- United Nations http://www.un.org/ga/search/view_doc.asp?symbol=A/INF/63/6&Lang=E
- http://www.europa-eu-un.org/articles/en/article_458_en.htm Description of the European Union Delegation in New York
- Phillips, Leigh (15 July 2010) EU reaches out for new powers at United Nations, EU Observer
- Phillips, Leigh (3 May 2011), "EU wins new powers at UN, transforming global body", EU Observer. .
- Originally under the designation of European Communities. The EC formally became the EU on 1 December 2009 and was acknowledged by 2011.
- Web site: United Nations Digital Library . Sixty-first session of the United Nations General Assembly . 2006-12-18 . Observer status for the Association of Southeast Asian Nations in the General Assembly : resolution / adopted by the General Assembly . en.
- Web site: Observer status for the Conference of Ministers of Justice of the Ibero-American Countries in the General Assembly : resolution / adopted by the General Assembly .
- Web site: A/RES/44/6. Observer status for the Council of Europe in the General Assembly. United Nations . 17 October 1989 . 2016-09-27. dead . https://web.archive.org/web/20060124084947/http://www.un.org/documents/ga/res/44/a44r006.htm. 2006-01-24.
- https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/71/156 United Nations General Assembly, Session 71, Resolution 156, Observer status for the International Chamber of Commerce in the General Assembly
- Web site: dead . Cooperation between the United Nations and the International Criminal Court . United Nations General Assembly, Session 58, Resolution 318 . https://web.archive.org/web/20090109004908/http://www.undemocracy.com/A-RES-58-318.pdf . 2009-01-09 . 11 October 2013 . 20 September 2004 . UNdemocracy .
- News: PTI . subscription . 2021-12-10. Observer Status granted to International Solar Alliance. en-IN. The Hindu. 2021-12-13. 0971-751X.
- Web site: Documentos oficiales de las Naciones Unidas. United Nations. 4 May 2018. live. https://web.archive.org/web/20161228154759/http://www.un.org/es/comun/docs/?symbol=A%2FRES%2F66%2F109. 28 December 2016.
- https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/45/6 United Nations General Assembly, Session 45, Resolution 6, Observer status for the International Committee of the Red Cross in the General Assembly
- https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/49/2 United Nations General Assembly, Session 49, Resolution 2, Observer status for the International Federation of Red Cross and Red Crescent Societies in the General Assembly
- https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/57/32 United Nations General Assembly, Session 57, Resolution 32, Observer status for the Inter-Parliamentary Union in the General Assembly
- https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/64/3 United Nations General Assembly, Session 64, Resolution 3, Observer status for the International Olympic Committee in the General Assembly
- https://digitallibrary.un.org/record/161740?ln=fr United Nations General Assembly, Session 48, Resolution 265, Observer status for the Sovereign Military Order of Malta in the General Assembly
- http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/303/35/IMG/NR030335.pdf?OpenElement UNGA Resolution A/RES/31/152
- Web site: A/RES/3280(XXIX).
- Web site: Proceedings of the United Nations Conference on Trade and Development, Sixth Session, vol. I, Report and Annexes.