United Nations General Assembly observers#Non-member states
{{Short description|Non-member observer states of the UN}}
{{Use Oxford spelling|date=February 2022}}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.{{cite book|author=Robbie Sabel|title=Rules of Procedure at the UN and at Inter-Governmental Conferences |url=https://books.google.com/books?id=qshJDwAAQBAJ&pg=PA55|date=14 December 2017 |publisher=Cambridge University Press|isbn=978-1-316-78210-1|page=55}} 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. {{As of|May 2011}}, 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.{{cite web|url=https://www.un.org/en/about-us/about-permanent-observers|title= About Permanent Observers |website=United Nations |access-date=4 May 2018|url-status=live |archive-url=https://web.archive.org/web/20160502165825/http://www.un.org/en/members/aboutpermobservers.shtml|archive-date=2 May 2016}} 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. 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|Holy See and the United Nations|Palestine and the United Nations}}
{{As of|2019}}, 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".{{Cite web |url=https://www.un.org/en/about-us/non-member-states |title=Non-Member States |website=United Nations }}
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."James Crawford, The Creation of States in International Law, (1979) p. 156. 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".American Society of International Law, 7 December 2012: [http://www.asil.org/insights/volume/16/issue/37/legal-implications-un-general-assembly-vote-accord-palestine-status Legal Implications of the UN General Assembly Vote to Accord Palestine the Status of Observer State] {{webarchive |url=https://web.archive.org/web/20150929222717/http://www.asil.org/insights/volume/16/issue/37/legal-implications-un-general-assembly-vote-accord-palestine-status |date=2015-09-29 }}, by John Cerone The change followed an application by Palestine for full UN membership in 2011{{cite news| url=https://www.un.org/apps/news/story.asp?NewsID=39722&Cr=palestin&Cr1=| title=Ban sends Palestinian application for UN membership to Security Council| publisher=United Nations| date=23 September 2011| url-status=live| archive-url=https://web.archive.org/web/20170703164241/http://www.un.org/apps/news/story.asp?NewsID=39722&Cr=palestin&Cr1=| archive-date=3 July 2017}} as part of the Palestine 194 campaign, to provide additional leverage to the Palestinians in their dealings with Israel.CNN, 30 November 2012, [http://edition.cnn.com/2012/11/29/world/meast/palestinian-united-nations/ U.N. approves Palestinian 'observer state' bid] {{webarchive |url=https://web.archive.org/web/20150929111227/http://edition.cnn.com/2012/11/29/world/meast/palestinian-united-nations/ |date=2015-09-29 }} The application had not been put to a UN Security Council vote.{{cite web |url=https://www.theguardian.com/world/2011/nov/11/united-nations-delays-palestinian-statehood-vote|title=UN vote on Palestinian state put off amid lack of support |last=McGreal|first=Chris|date=11 November 2011|access-date=27 October 2018|work=The Guardian}} 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.{{cite web |url=http://legal.un.org/ola/media/info_from_lc/POB%20COJUR.pdf |title=EU Council Working Group on Public International Law – COJUR|last=O'Brien|first=Patricia|author-link1=Patricia O'Brien|date=2013-02-06|access-date=2016-04-25|publisher=United Nations Office of Legal Affairs|url-status=live|archive-url=https://web.archive.org/web/20150911124208/http://legal.un.org/ola/media/info_from_lc/POB%20COJUR.pdf|archive-date=2015-09-11}} 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."{{cite news|url=http://www.thedailybeast.com/articles/2012/12/20/u-n-adds-new-name-state-of-palestine.html|title=U.N. Adds New Name: "State of Palestine" |author=Ali|date=20 December 2012|access-date=10 January 2013|newspaper=The Daily Beast|url-status=live|archive-url=https://web.archive.org/web/20121221170726/http://www.thedailybeast.com/articles/2012/12/20/u-n-adds-new-name-state-of-palestine.html|archive-date=21 December 2012}}
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.{{Cite web |last1=Anna |first1=Cara |last2=Lederer |first2=Edith |author-link2=Edith Lederer |date=2015-09-11 |title=UN strongly approves Palestinian proposal to raise flag |url=https://apnews.com/general-news-a2eb7a4214a34269ae97f78a4efd204d |access-date=2024-05-19 |website=AP News |language=en}}
;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.{{citation |url=http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf |title=Repertory of Practice |publisher=UN |contribution=Organs Supplement |number=8 |page=10 |url-status=dead |archive-url=https://web.archive.org/web/20131019223055/http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf |archive-date=2013-10-19 }}{{citation |url=https://www.un.org/Depts/Cartographic/map/profile/world00.pdf |publisher=UN |title=The World today |url-status=live |archive-url=https://web.archive.org/web/20150319065933/http://www.un.org/Depts/Cartographic/map/profile/world00.pdf |archive-date=2015-03-19 }} 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.{{cite web|url=http://www.radionz.co.nz/international/pacific-news/276695/nz-pm-rules-out-discussion-on-cooks-un-membership|title=NZ PM rules out discussion on Cooks UN membership|date=2015-06-19|access-date=2016-04-16|publisher=Radio New Zealand|url-status=live|archive-url=https://web.archive.org/web/20160427063929/http://www.radionz.co.nz/international/pacific-news/276695/nz-pm-rules-out-discussion-on-cooks-un-membership|archive-date=2016-04-27}}
- 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, the 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,{{cite book|url=https://books.google.com/books?id=Mw3IBAAAQBAJ|title=Cross-Strait Relations and International Organizations: Taiwan's Participation in IGOs in the Context of Its Relationship with China|year=2014|first=Björn Alexander|last=Lindemann|publisher=Springer Science+Business Media|pages=258|isbn=9783658055271}} but ultimately the ROC chose to submit more vague requests which did not specify the form of participation it sought between 1993 and 2006.{{cite web |url=https://www.brookings.edu/opinions/taiwans-un-dilemma-to-be-or-not-to-be/ |title=Taiwan's UN Dilemma: To Be or Not To Be |access-date=2019-03-07 |last=Winkler |first=Sigrid |date=2012-06-20 |publisher=Brookings |location=Washington D.C. }}{{cite news |newspaper=Reuters |url=https://www.reuters.com/article/us-taiwan-un-idUSTP7324920080918 |access-date=27 October 2013 |title=U.N. again throws out Taiwan bid for recognition |date=18 September 2008 |url-status=live |archive-url=https://web.archive.org/web/20131029210629/http://www.reuters.com/article/2008/09/18/us-taiwan-un-idUSTP7324920080918 |archive-date=29 October 2013 }}: "This time, Taiwan was not applying for membership, just to take part in unspecified U.N. 'activities'." 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".{{cite news |newspaper=Reuters |url=https://www.reuters.com/article/us-taiwan-un-idUSTRE5830QM20090904 |access-date=27 October 2013 |title=Taiwan drops annual U.N. bid as China relations warm |date=4 February 2009 |url-status=live |archive-url=https://web.archive.org/web/20131029210610/http://www.reuters.com/article/2009/09/04/us-taiwan-un-idUSTRE5830QM20090904 |archive-date=29 October 2013 }} 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.{{cite web|url=https://treaties.un.org/doc/source/publications/FC/English.pdf|title=Final Clauses of Multilateral Treaties |year=2003|access-date=2016-04-25|publisher=United Nations|quote=Hence, instruments received from the Taiwan Province of China will not be accepted by the Secretary-General in his capacity as depositary.|url-status=live|archive-url=https://web.archive.org/web/20160331070613/https://treaties.un.org/doc/source/publications/FC/English.pdf|archive-date=2016-03-31}}
- 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.[https://www.un.org/Depts/Cartographic/map/profile/world00.pdf UN THE WORLD TODAY (PDF)] {{webarchive|url=https://web.archive.org/web/20150319065933/http://www.un.org/Depts/Cartographic/map/profile/world00.pdf |date=2015-03-19 }} showing UN member states (blue), non-member states (green and yellow), non-self-governing territories (red) and the Occupied Palestinian Territory (gray).
=Former non-member observers=
Sixteen former non-member states were also granted observer status.{{cite book|author=Connie L. McNeely|title=Constructing the nation-state: international organization and prescriptive action|url=https://books.google.com/books?id=8JKEj94TsP4C&pg=PA44|access-date=1 May 2011|year=1995|publisher=Greenwood Publishing Group|isbn=978-0-313-29398-6|pages=44–45}}{{cite web|url=http://www.un.int/wcm/content/site/palestine/pid/11550|title=Status of Palestine at the United Nations|publisher=Permanent Observer Mission of Palestine to the United Nations|access-date=1 May 2011|url-status=dead|archive-url=https://web.archive.org/web/20110722013531/http://www.un.int/wcm/content/site/palestine/pid/11550|archive-date=22 July 2011}} Fourteen of those states eventually became members of the United Nations. The other two constitute a single special case.{{refn|name=Vietnam|group=Note}}
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.{{Citation needed|date=December 2012}}
| class="wikitable sortable plainrowheaders" |
| scope="col" | State
! scope="col" | Granted ! scope="col" | Became full member ! scope="col" | Period |
|---|
| scope="row" | {{Flag|Austria|name=Republic of Austria}}
| 1952 || 1955 || {{Nts|3}} years |
| scope="row" | {{Flag|Bangladesh|1973|name=People’s Republic of Bangladesh}}
| 1973 || 1974 || {{Nts|1}} year |
| scope="row" | {{Flagdeco|North Korea}} Democratic People's Republic of Korea
| 1973 || 1991 || {{Nts|18}} years |
| scope="row" | {{Flagdeco|North Vietnam}} Democratic Republic of Vietnam
| 1975 || —{{refn|On 30 April 1975 South Vietnam was taken over by North Vietnamese forces and on 2 July 1976 it united with North Vietnam to form modern Vietnam, which was granted observer status in 1976. The UN General Assembly resolutions and decisions for the 30th and 31st sessions do not record the decision to grant observer status, but Resolution 31/21 of 26 November 1976 does refer to the "Permanent Observer of the Socialist Republic of Viet Nam to the United Nations". Viet Nam became a member of the UN on 20 September 1977.{{cite web|url=https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/32/2&Lang=E&Area=RESOLUTION|title=United Nations Official Document|website=United Nations|access-date=4 May 2018|url-status=live|archive-url=https://web.archive.org/web/20161228154753/http://www.un.org/ga/search/view_doc.asp?symbol=A%2FRES%2F32%2F2&Lang=E&Area=RESOLUTION|archive-date=28 December 2016}}|name=Vietnam|group=Note}} || {{Nts|1}} year |
| scope="row" | {{Flag|West Germany|name=Federal Republic of Germany}}
| 1952 || 1973 || {{Nts|21}} years |
| scope="row" | {{Flag|Finland|name=Republic of Finland}}
| 1952 || 1955 || {{Nts|3}} years |
| scope="row" | {{Flag|East Germany|name=German Democratic Republic}}
| 1972 || 1973 || {{Nts|1}} year |
| scope="row" | {{Flag|Italy|name=Italian Republic}}
| 1952 || 1955 || {{Nts|3}} years |
| scope="row" | {{Flag|Japan}}
| 1952 || 1956 || {{Nts|4}} years |
| scope="row" | {{Flag|Kuwait|name=State of Kuwait}}
| 1962 || 1963 || {{Nts|1}} year |
| scope="row" | {{Flag|Monaco|name=Principality of Monaco}}
| 1956 || 1993 || {{Nts|37}} years |
| scope="row" | {{Flagdeco|South Korea|variant=1949}} Republic of Korea
| 1949 || 1991 || {{Nts|42}} years |
| scope="row" | {{Flag|State of Vietnam}} {{Flag|Republic of Vietnam}} | 1952 || —{{refn|name=Vietnam|group=Note}} || {{Nts|23}} years |
| scope="row" | {{Flag|Francoist Spain|name=Spanish State}}
| 1955 || 1955 || {{Nts|0}} years |
| scope="row" | {{Flag|Switzerland|name=Swiss Confederation}}
| 1946 || 2002 || {{Nts|56}} years |
| scope="row" | {{Flag|Vietnam|name=Socialist Republic of Vietnam}}
| 1976{{refn|name=Vietnam|group=Note}} || 1977 || {{Ntsh|1}} 1 year |
;Notes
{{Reflist|group="Note"}}
Entities and international organizations
{{Dynamic list}}
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.United Nations http://www.un.org/ga/search/view_doc.asp?symbol=A/INF/63/6&Lang=E {{webarchive|url=https://web.archive.org/web/20101110215713/http://www.un.org/ga/search/view_doc.asp?symbol=A%2FINF%2F63%2F6&Lang=E |date=2010-11-10}}
=Regional organization allowed by their member states to speak on their behalf=
{{Main|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.[http://www.europa-eu-un.org/articles/en/article_458_en.htm Description of the European Union Delegation in New York] {{webarchive|url=https://web.archive.org/web/20100530151943/http://www.europa-eu-un.org/articles/en/article_458_en.htm |date=2010-05-30 }}, EU Delegation to the UN 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,Phillips, Leigh (15 July 2010) [http://euobserver.com/9/30481 EU reaches out for new powers at United Nations] {{webarchive|url=https://web.archive.org/web/20101215125308/http://euobserver.com/9/30481 |date=2010-12-15 }}, EU ObserverPhillips, Leigh (3 May 2011), "[http://euobserver.com/9/32262 EU wins new powers at UN, transforming global body]", EU Observer. {{webarchive|url=https://web.archive.org/web/20110727231858/http://euobserver.com/9/32262 |date=2011-07-27 }}. 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 UN headquarters are marked with an asterisk (*).
=Other entities=
All five entities are maintaining permanent offices at the UN headquarters.
| class="wikitable sortable"
! Organization or entity ! Date observer status was granted |
| {{flagicon image|Emblem of the ICRC.svg}} International Committee of the Red Cross |
| {{flagicon image|Emblem of the IFRC.svg}} International Federation of Red Cross and Red Crescent Societies |
| {{flagicon image|Olympic flag.svg}} International Olympic Committee |
| {{flagicon image|Logo of the Inter-Parliamentary Union.svg}} Inter-Parliamentary Union |
| {{flagicon image|Flag of the Order of St. John (various).svg}} Sovereign Military Order of Malta
| {{dts|24 Aug 1994}} (A/RES/48/265){{cite web|url=https://documents.un.org/doc/resolution/gen/nr0/704/82/img/nr070482.pdf|title=48/265. Observer status for the Sovereign Military Order of Malta in the General Assembly|date=24 August 1994|access-date=28 December 2024}} |
=Former observers=
{{Expand list|date=April 2022}}
| class="wikitable"
! Organization or entity ! Date observer status was granted ! Entity type |
| valign=top| {{flagicon image|Flag of South West Africa People's Organisation.svg}} South West Africa People's Organization (SWAPO)
|valign=top|1976 (A/RES/31/152)[http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/303/35/IMG/NR030335.pdf?OpenElement UNGA Resolution A/RES/31/152] {{webarchive|url=https://web.archive.org/web/20110728144356/http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/303/35/IMG/NR030335.pdf?OpenElement |date=2011-07-28}} Observer status for the South West Africa People's Organization |valign=top|SWAPO, a liberation movement in South West Africa, held observer status with the right to circulate communications without intermediary beginning in 1976. This terminated in 1990{{Citation needed|date=September 2010}} when the Republic of Namibia attained independence and was granted full membership in the United Nations and SWAPO was transformed into a political party. |
Additionally, in 1974, the African National Congress and Pan Africanist Congress of Azania were invited as observers "on a regular basis"{{cite web|url=https://undocs.org/en/A/RES/3280(XXIX)|title=A/RES/3280(XXIX)}} to subsidiaries of the General Assembly, such as UNCTAD.{{cite web|url=https://unctad.org/system/files/official-document/td326vol1_en.pdf|title=Proceedings of the United Nations Conference on Trade and Development, Sixth Session, vol. I, Report and Annexes}}
See also
Notes
{{Reflist|group=note}}
References
{{Reflist|30em}}
External links
- [https://web.archive.org/web/20130922014130/http://www.un.org/esa/dsd/dsd/dsd_pdfs/ECOSOC_IGOs.pdf Full list of UNGA and ECOSOC observers with admission resolutions details, January 2010]
- [https://www.un.org/ga/ United Nations General Assembly]
- [https://www.un.org/en/members/index.shtml United Nations missions in New York City]
- [https://www.un.org/en/about-us/about-permanent-observers About Permanent Observers]
- [https://www.un.org/en/about-us/non-member-states Non-Member-States]
- [https://www.un.org/en/about-us/intergovernmental-and-other-organizations Intergovernmental and Other Organizations]
- [https://www.un.org/en/about-us/specialized-agencies Specialized Agencies]
- [https://web.archive.org/web/20040627015411/http://lib-unique.un.org/lib/unique.nsf/Link/R02020 UN Info Quest – Organizations granted observer status in the General Assembly]
- [https://web.archive.org/web/20090225074807/http://www.un.int/protocol/bluebook/bb298.pdf Blue Book "Permanent Missions to the United Nations No. 298"] dated March 2008
{{United Nations}}
{{United Nations' relations with its Member States}}
{{DEFAULTSORT:United Nations General Assembly Observers}}