United Nations General Assembly observers

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, beyond those laid down in a 1986 Conference on treaties between States and International Organizations.[1] 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,[2] 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.[3] 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.[3] Non-state observers are the international organizations and other entities.

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.

Present non-member observer states
See also: Holy See and the United Nations and Israel, 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 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".[4] 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."[5] Since April 6, 1964, the Holy See has accepted permanent observer state status, 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.

In 2012, Palestine‘s observer status was changed from "non-member observer entity" to "non-member observer state", which many called "symbolic".[6] The change followed an application by Palestine for full UN membership in 2011[7] as part of the Palestine 194 campaign, to provide additional leverage to the Palestinians in their dealings with Israel.[8] The application had not been put to a UN Security Council vote.[9]

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.[10] 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."[11]

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.[12] 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.[13]

Non-member state[14] Date observer status was granted Additional timeline and details
  Holy See 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)[12]		 Sovereign entity with statehood over the territory of the Vatican City State.
 State of Palestine 22 November 1974: non-state observer status for the Palestine Liberation Organization (PLO) (A/RES/3237 (XXIX))[15]
9 December 1988: right to circulate communications without intermediary (A/RES/43/160)[16]
15 December 1988: designation "Palestine" (A/RES/43/177)[17]
7 July 1998: right to participate in general debate and additional rights (A/RES/52/250)[18]
29 November 2012: non-member observer state status (A/RES/67/19):[19][20]
16 October 2018: Provided additional rights and privileges of participation, described in /A/RES/73/5, by virtue of Palestine being Chair of the Group of 77 for 2019.[21]		 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).[22][23][24][25]
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.
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.[18][26]
23 September 2011: State of Palestine applies for UN membership[27]
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."[28]
Notes

Former non-member observer states

Sixteen former non-member states were also granted observer status.[38][39] Fourteen of those states eventually became members of the United Nations. The other two constitute a single special case.[Note 1]

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.

StateGrantedBecame full memberPeriod
 Austria195219553 years
 Bangladesh197319741 year
 North Korea1973199118 years
 Democratic Republic of Viet Nam19751977a — [Note 1]1 year
 Federal Republic of Germany1952197321 years
 Finland195219553 years
 German Democratic Republic197219731 year
 Italy195219553 years
 Japan195219564 years
 Kuwait196219631 year
 Monaco1956199337 years
 South Korea1949199142 years
 Republic of Vietnam19521976 — [Note 1]24 years
 Spain195519550 years
  Switzerland1946200256 years
 Vietnam1976 [Note 1]1977b 1977 1 year
Notes
  1. 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.[40]

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.[41]

Regional organizations allowed by their member states to speak on their behalf
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.[42] 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,[43][2] if their members have given them the right to speak on their behalf.[44]

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.[44]

Organization or entity Date observer status was granted Entity type
 European Union[note 1] 11 October 1974 (A/RES/3208 (XXIX)): observer status
10 May 2011 (A/RES/65/276):[44] additional rights		 The only observer that operates through a hybrid system of intergovernmentalism and supranationalism, giving it some state-like qualities.

Intergovernmental organizations
Organization Date observer status was granted
African, Caribbean and Pacific Group of States 15 Oct 1981 (A/RES/36/4)
African Development Bank 28 Oct 1987 (A/RES/42/10)
 African Union (formerly the Organisation of African Unity) 11 Oct 1965 (A/RES/2011(XX))
15 Aug 2002 (General Assembly decision 56/475)
Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean 17 Oct 1988 (A/RES/43/6)
 Andean Community (CAN) 22 Oct 1997 (A/RES/52/6)
 Arab League, formerly the League of Arab States 1 Nov 1950 (A/RES/477 (V))
Asian–African Legal Consultative Organization (formerly the Asian–African Legal Consultative Committee) 13 Oct 1980 ( A/RES/35/2)
Asian Development Bank 19 Nov 2002 (A/RES/57/30)
Association of Caribbean States 15 Oct 1998 (A/RES/53/17) [45]
 Association of Southeast Asian Nations 4 Dec 2006 (A/RES/61/44)
 Caribbean Community (CARICOM) 17 Oct 1991 (A/RES/46/8)
Central American Integration System 19 Oct 1995 (A/RES/50/2)
Collective Security Treaty Organization 2 Dec 2004 (A/RES/59/50)
Common Fund for Commodities 23 Nov 2005 (A/RES/60/26)
 Commonwealth of Independent States 24 Mar 1994 (A/RES/48/237)
Commonwealth Secretariat 18 Oct 1976 (A/RES/31/3)
Community of Portuguese Language Countries 26 Oct 1999 (A/RES/54/10)
Community of Sahel–Saharan States (CEN-SAD) 12 Dec 2001 (A/RES/56/92)
Conference on Interaction and Confidence-Building Measures in Asia 6 Dec 2007 (A/RES/62/77)
Council of Europe 17 Oct 1989 (A/RES/44/6)[46]
 East African Community 9 Dec 2003 (A/RES/58/86)
Economic Community of Central African States 12 Dec 2000 (A/RES/55/161)
Economic Community of West African States 2 Dec 2004 (A/RES/59/51)
Economic Cooperation Organization 13 Oct 1993 (A/RES/48/2)
Energy Charter Conference 6 Dec 2007 (A/RES/62/75)
Eurasian Development Bank 6 Dec 2007 (A/RES/62/76)
Eurasian Economic Union (formerly the Eurasian Economic Community) 9 Dec 2003 (A/RES/58/84)
Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG) 7 Dec 2017 (A/RES/72/127)
European Organization for Nuclear Research (CERN) 14 Dec 2012 (A/RES/67/102)
Global Fund to Fight AIDS, Tuberculosis and Malaria 16 Dec 2009 (A/RES/64/122)
Global Green Growth Institute (GGGI) 16 Aug 2013 (A/RES/68/191)
GUAM Organization for Democracy and Economic Development 9 Dec 2003 (A/RES/58/85)
 Gulf Cooperation Council (GCC) 6 Dec 2007 (A/RES/62/78)
Hague Conference on Private International Law 23 Nov 2005 (A/RES/60/27)
Ibero-American Conference 23 Nov 2005 (A/RES/60/28)
Indian Ocean Commission 4 Dec 2006 (A/RES/61/43)
Inter-American Development Bank 12 Dec 2000 (A/RES/55/160)
International Centre for Migration Policy Development 19 Nov 2002 (A/RES/57/31)
International Conference on the Great Lakes Region (ICGLR) 16 Dec 2009 (A/RES/64/123)
International Criminal Court 13 Sep 2004 (A/RES/58/318)[47]
International Criminal Police Organization (Interpol) 15 Oct 1996 (A/RES/51/1)
International Development Law Organization (IDLO) 12 Dec 2001 (A/RES/56/90)
International Fund for Saving the Aral Sea (IFAS) 11 Dec 2008 (A/RES/63/133)
International Hydrographic Organization 12 Dec 2001 (A/RES/56/91)
International Institute for Democracy and Electoral Assistance 9 Dec 2003 (A/RES/58/83)
International Network for Bamboo and Rattan 7 Dec 2017 (A/RES/72/125)
International Organization for Migration 16 Oct 1992 (A/RES/47/4)
 International Organisation of La Francophonie 10 Nov 1978 (A/RES/33/18)[48]
18 December 1998 (General Assembly decision 53/453)
International Seabed Authority 24 Oct 1996 (A/RES/51/6)
International Tribunal for the Law of the Sea 17 Dec 1996 (A/RES/51/204)
International Union for the Conservation of Nature and Natural Resources (IUCN, or the World Conservation Union) 17 Dec 1999 (A/RES/54/195)
Islamic Development Bank Group (IDB) 28 Mar 2007 (A/RES/61/259)
Italian–Latin American Institute 6 Dec 2007 (A/RES/62/74)
Latin American Economic System (SELA) 13 Oct 1980 (A/RES/35/3)
Latin American Integration Association 23 Nov 2005 (A/RES/60/25)
Latin American Parliament 13 Oct 1993 (A/RES/48/4)
OPEC Fund for International Development 4 Dec 2006 (A/RES/61/42)
Organisation for Economic Co-operation and Development (OECD) 15 Oct 1998 (A/RES/53/6)
Organisation of Eastern Caribbean States 2 Dec 2004 (A/RES/59/52)
 Organisation of Islamic Cooperation (formerly the Organisation of the Islamic Conference) 10 Oct 1975 (A/RES/3369 (XXX))
Organization of the Black Sea Economic Cooperation (BSEC) 8 Oct 1999 (A/RES/54/5)
 Organization for Security and Co-operation in Europe (OSCE) 13 Oct 1993 (A/RES/48/5)
 Organization of American States (OAS or OEA) 16 Oct 1948 (A/RES/253 (III))
 Pacific Islands Forum 17 Oct 1994 (A/RES/49/1)
Parliamentary Assembly of the Mediterranean 16 Dec 2009 (A/RES/64/124)
Partners in Population and Development 19 Nov 2002 (A/RES/57/29)
Permanent Court of Arbitration 13 Oct 1993 (A/RES/48/3)
Regional Centre on Small Arms and Light Weapons in the Great Lakes Region, the Horn of Africa and Bordering States (RECSA) 6 Dec 2007 (A/RES/62/73)
Shanghai Cooperation Organisation 2 Dec 2004 (A/RES/59/48)
South Asian Association for Regional Cooperation 2 Dec 2004 (A/RES/59/53)
South Centre 11 Dec 2008 (A/RES/63/131)
 Southern African Development Community (SADC) 2 Dec 2004 (A/RES/59/49)
Union for the Mediterranean (UfM) 18 Dec 2015 (ARES/70/124)
Union of South American Nations (UNASUR) 9 Dec 2011 (A/RES/66/484)[49]
University for Peace 11 Dec 2008 (A/RES/63/132)
World Customs Organization (formerly the Customs Cooperation Council) 23 Mar 1999 (A/RES/53/216)

Other entities
Organization or entity Date observer status was granted
International Chamber of Commerce 21 Dec 2016 (A/RES/71/156)[50]
International Committee of the Red Cross 16 Oct 1990 (A/RES/45/6)[51]
International Federation of Red Cross and Red Crescent Societies 19 Oct 1994 (A/RES/49/2)[52]
Inter-Parliamentary Union 19 Nov 2002 (A/RES/57/32)[53]
 International Olympic Committee 20 Oct 2009 (A/RES/64/3)[54]
 Sovereign Military Order of Malta 24 Aug 1994 (A/RES/48/265)[55]

Former observer entities
  • The South West Africa People's Organization (SWAPO),[16] a liberation movement in Namibia, held observer status with the right to circulate communications without intermediary beginning in 1976.[56] 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.
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See also

Notes
  1. Originally under the designation of European Community. The EC formally became the EU on 1 December 2009 and was acknowledged by 2011.

References
  1. Robbie Sabel (14 December 2017). Rules of Procedure at the UN and at Inter-Governmental Conferences. Cambridge University Press. p. 55. ISBN 978-1-316-78210-1.
  2. Phillips, Leigh (3 May 2011) EU wins new powers at UN, transforming global body Archived 2011-07-27 at the Wayback Machine, EU Observer
  3. "United Nations – Permanent Observers". un.org. Archived from the original on 2 May 2016. Retrieved 4 May 2018.
  4. UN site on Permanent Missions Archived February 9, 2007, at the Wayback Machine
  5. James Crawford, The Creation of States in International Law, (1979) p. 156.
  6. American Society of International Law, 7 December 2012: Legal Implications of the UN General Assembly Vote to Accord Palestine the Status of Observer State Archived 2015-09-29 at the Wayback Machine, by John Cerone
  7. "Ban sends Palestinian application for UN membership to Security Council". United Nations. 23 September 2011. Archived from the original on 3 July 2017.
  8. CNN, 30 November 2012, U.N. approves Palestinian 'observer state' bid Archived 2015-09-29 at the Wayback Machine
  9. McGreal, Chris (11 November 2011). "UN vote on Palestinian state put off amid lack of support". The Guardian. Retrieved 27 October 2018.
  10. O'Brien, Patricia (2013-02-06). "EU Council Working Group on Public International Law – COJUR" (PDF). United Nations Office of Legal Affairs. Archived (PDF) from the original on 2015-09-11. Retrieved 2016-04-25.
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  12. United Nations General Assembly Session 58 Resolution 314. Participation of the Holy See in the work of the United Nations A/RES/58/314 2004-07-16. Retrieved 2016-04-24.
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  22. Israel-PLO Recognition-Exchange of Letters between PM Rabin and Chairman Arafat-Sept 9- 1993 Archived 2008-05-12 at the Wayback Machine. Mfa.gov.il (9 September 1993). Retrieved on 25 August 2013.
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  25. Geldenhuys, Deon (1990). Isolated states: a comparative analysis. Cambridge University Press. p. 155. ISBN 9780521402682.
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  35. "Taiwan drops annual U.N. bid as China relations warm". Reuters. 4 February 2009. Archived from the original on 29 October 2013. Retrieved 27 October 2013.
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  37. UN THE WORLD TODAY (PDF) Archived 2015-03-19 at the Wayback Machine showing UN member states (blue), non-member states (green and yellow), non-self-governing territories (red) and the Occupied Palestinian Territory (gray).
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  44. United Nations General Assembly Session 65 Resolution 276. Participation of the European Union in the work of the United Nations A/RES/65/276 Retrieved 10 September 2011.
  45. United Nations General Assembly Session 53 Resolution 5. Observer status for the Association of Caribbean States in the General Assembly A/RES/53/5 Retrieved 1 September 2007.
  46. "A/RES/44/6. Observer status for the Council of Europe in the General Assembly". www.un.org. Archived from the original on 2016-12-28. Retrieved 2016-09-27.
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