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United Nations General Assembly observers

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In addition to its 193 member states, the United Nations General Assembly may grant observer status to an international organization, entity or non-member state, which entitles the entity to participate in the work of the United Nations General Assembly, though with limitations. The General Assembly may determine what privileges it grants with the observer status, such as a right to speak at General Assembly meetings, vote on procedural matters, serve as signatories on working papers, and sign resolutions, but not to sponsor resolutions or vote on resolutions of substantive matters. Exceptionally, the EU was granted in 2011 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 was the only international organisation to hold these enhanced rights, which has been likened to the rights of full membership, short of the right to vote.

Contents

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. A distinction has been made between state and non-state observers. Non-member states, which are members of one or more specialized agencies, can apply for the status of permanent observer state. Non-state observers are the international organizations and other entities.

United Nations member state qualifications

Article 4 of Chapter II of the United Nations Charter specifies the qualifications for membership in the United Nations:

Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgement of the Organization, are able and willing to carry out these obligations.

An application for membership must be approved by the United Nations Security Council (which is subject to a veto) and then the General Assembly.

Non-member observer states

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, and 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. 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." Since April 6, 1964, the Holy See has accepted permanent observer state status at the United Nations, which was regarded as a diplomatic courtesy, to enable the Vatican to participate in the UN's humanitarian activities and in the promotion of peace.

Present non-member observer states

As of 2015, there are two permanent non-member observer states at the United Nations: the Holy See and Palestine. The Holy See uncontroversially obtained its non-member observer state status in 1964 and Palestine was so designated in 2012, following an application for full membership in 2011 which failed to secure Security Council approval. Both are 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". The Holy See's status as a non-member state permanent observer in the United Nations has been questioned, as not having the attributes of a state.

The change of Palestinian observer status in 2012 from "non-member observer entity" to "non-member observer state" was regarded as an "upgrade" of their status. Many called the change "symbolic", but which was regarded as providing new leverage to the Palestinians in their dealings with Israel. As a result, in the change in status, the United Nations Secretariat recognized Palestine's right to become a party to treaties for which the UN Secretary-General is the depositary.

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.

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.
  • The Republic of China, commonly known as Taiwan, was a founding member of the United Nations representing China, which had been divided between the ROC and People's Republic of China 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, but ultimately the ROC chose to submit more vague requests which did not specify the form of participation it sought between 1993-2006. In 2007 a formal application for full membership was submitted, while in 2008 it requested to participate in the specialized agencies. 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". The UN Secretary-General concluded from the resolution that the General Assembly considered Taiwan to be a province of China, and thus it does not permit the ROC to become a party to treaties for which it is the depositary.
  • 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.
  • Former non-member observer states

    Sixteen former non-member states were also granted observer status. 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.

    Regional organizations allowed by their member states 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.

    Former observer entities

  • The South West Africa People's Organization (SWAPO), a liberation movement in Namibia, held observer status with the right to circulate communications without intermediary beginning in 1976. This terminated in 1990 when the Republic of Namibia attained independence and was granted full membership in the United Nations and SWAPO was transformed into a political party.
  • European Union

    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. 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, if their members have given them the right to speak on their behalf.

    References

    United Nations General Assembly observers Wikipedia