Membership in the United Nations and Its Specialized Agencies
Released: 2014-06-19T00:00:00

Introduction

Membership in the United Nations (U.N.) has been an issue of ongoing interest for Congress. Over the years, Members have focused on the process and criteria for U.N. membership, as well as on U.S. policy and roles in determining membership. Currently, the United Nations has 193 members. The organization also has two non-member observer states, the Holy See (Vatican) and "Palestine," which have standing invitations to participate as observers in the sessions and work of the U.N. General Assembly. Each of the U.N. system's 15 specialized agencies—which are independent international intergovernmental organizations with their own constitutions, rules, and budgets—have different criteria and processes for membership. Examples of specialized agencies include the Food and Agriculture Organization (FAO), U.N. Educational Scientific, and Cultural Organization (UNESCO), and World Health Organization (WHO).

Under Article 4 of the U.N. Charter, the U.N. Security Council and U.N. General Assembly are the primary bodies involved in the process for considering U.N. membership applications. Security Council recommendations on membership are subject to veto by any of the five permanent members. As a member of the P-5, the United States plays a key role in determining U.N. membership. It has less influence on membership decisions in the U.N. specialized agencies, where each member country has one vote and there is no veto power.

Any position on membership the United States takes in both the United Nations and its specialized agencies lies primarily with the executive branch, which represents the United States in U.N. fora. Generally, congressional activities related to U.N. membership have focused on supporting or opposing the membership of specific states or groups—including Israel, Kosovo, Montenegro, the Palestine Liberation Organization (PLO), South Africa, and Taiwan, among others.

This report highlights key steps in the process for attaining membership in the United Nations and its specialized agencies. It discusses the capacities associated with U.N. membership and observer status, as well as criteria for and implications of membership. It also examines related U.S. legislation and recent congressional and Obama Administration actions. For an analysis of country or organization-specific aspects of U.N. or specialized agency membership, including U.S. policy, see

CRS Report RL34074, The Palestinians: Background and U.S. Relations , by [author name scrubbed]; CRS Report R41952, U.S.-Taiwan Relationship: Overview of Policy Issues , by [author name scrubbed] and [author name scrubbed]; and CRS Report R42999, The United Nations Educational, Scientific, and Cultural Organization (UNESCO) , by [author name scrubbed] and [author name scrubbed].

Background

The criteria and process for admitting new U.N. members were established in 1945 by the 51 original members of the United Nations in Article 4 of the U.N. Charter. U.N. membership decisions are determined by the General Assembly on the recommendation of the Security Council. Membership is open to all "peace-loving states" that accept the obligations contained in the Charter and, in the judgment of the organization, are able and willing to carry out such obligations. Many experts contend that the imprecise nature of these criteria has allowed member states to broadly interpret the conditions for membership, in some cases causing political considerations to have significant weight on membership decisions.

The pace at which new members have been admitted to the United Nations has generally reflected the geo-political circumstances of the time. For example, Cold War tensions contributed to the limited number of new members admitted during the organization's first decade. Both Eastern and Western bloc countries were concerned that new members might strengthen the voting power of the other bloc; consequently, just nine states were admitted between 1945 and 1954 (see Figure 1 ). From the mid-1950s through the 1970s, U.N. membership more than doubled as former European colonies in Africa were admitted. Another wave of new members resulted from the dissolution of the former Soviet Union, Yugoslavia, and Czechoslovakia in the 1990s and early 2000s. The four states most recently admitted as members were Switzerland (2002), Timor-Leste (2002), Montenegro (2006), and South Sudan (2011).

A key area of ongoing debate regarding U.N. membership is the organization's possible role in determining statehood. By international practice, a state is generally understood to be "an entity that has a defined territory and a permanent population, under the control of its own government, and that engages in, or has the capacity to engage in, formal relations with other such entities." On the one hand, the United Nations—as an organization of independent states—does not recognize states; rather, states recognize states. As such, many experts and observers, including the United Nations itself, argue that the organization does not have the authority to recognize either a state or government.

On the other hand, many analysts agree that U.N. membership is an acknowledgement by U.N. members that an entity has satisfied the requirements of statehood. It provides governments with legitimacy, not only internationally, but also domestically. For many countries, membership in the United Nations provides an equal voice in U.N. bodies like the General Assembly, an international platform to advocate and pursue national and foreign policy objectives, and the opportunity to receive or provide technical or development assistance through multilateral mechanisms. Consequently, obtaining U.N. membership is often a priority for new countries, territories, organizations, or entities (hereinafter referred to as "entities" for the purpose of this report) aiming to obtain statehood.

Paths to U.N. Membership: Criteria and Process

The circumstances under which a state obtains U.N. membership can vary. The original 51 members of the organization include many of the Allied nations of World War II that had either signed the United Nations Declaration in 1942, or participated in the founding United Nations Conference in San Francisco in 1945. The remaining 142 members were accepted for membership under the criteria and processes outlined in the Charter and the Rules of Procedure for both the General Assembly and the Security Council. Examples of circumstances under which these states obtained U.N. membership are described below, and in some cases may overlap.

Some members, sometimes referred to as existing states , were not among the original 51 U.N. members; they were, however, subsequently admitted to the organization. Examples include Barbados, Brazil, Italy, Japan, Tunisia, and Nigeria. Other members are or were divided states . Such states, which were divided because of the East-West conflict, have generally obtained U.N. membership after the claims of various sides had been determined in favor of either division or reunification. Examples include the Federal Republic of Germany and the German Democratic Republic (now Germany), North and South Korea, and the Republic of Vietnam and Democratic Republic of Vietnam (now Vietnam). Some members have been admitted after the secession or partition of a state that was already a U.N. member. In such cases, the seceding entity reapplied for membership. Examples include the partitions of Pakistan and India and Pakistan and Bangladesh, and the admission of Estonia, Latvia, and Lithuania as new U.N. members after the breakup of the Soviet Union. In some cases, two existing member states have merged . In practice, the process for admitting such members has been flexible; the newly merged states did not have to reapply for membership. Examples include East and West Germany (Germany) and the Yemen Arab Republic and the People's Democratic Republic of Yemen (Yemen). One state, Indonesia, withdrew and re-entered the United Nations in the mid-1960s. The General Assembly and Security Council treated the withdrawal as if it were a "temporary 'inactive' membership" that ended cooperation with the organization, rather than the country's membership. The Assembly and Council provided a standing invitation for Indonesia to "reactivate" its membership at any time. Indonesia eventually rejoined the organization without reapplying for admission.

Criteria

The criteria for U.N. membership are outlined in Article 4 of the U.N. Charter (see text box ), and can be divided into four key elements. First, an applicant must be a state. An entity applying for U.N. membership must meet the requirements of statehood under international law (a defined territory, a permanent population, and independent governance), be recognized by other states, and have the capacity to conduct diplomacy with other countries.

Second, an applicant must be "peace-loving." This criterion has been used to evaluate an applicant's past and current conduct. The concept of a "peace-loving" state in many ways reflects the United Nations' purpose of maintaining international peace and security.

Third, an applicant must declare that it accepts obligations contained in the U.N. Charter by (1) consenting to be bound by the U.N. Charter, a legally binding international treaty; and (2) attaching a formal declaration to its U.N. membership application.

Fourth, an applicant must be willing and able to carry out U.N. Charter obligations. U.N. members have identified several indicators to consider when evaluating this criteria application: including the maintenance of friendly relations with other states; the fulfillment of international obligations; and the use of peaceful dispute settlement under international law.

Process

The Security Council and General Assembly are the primary bodies that consider U.N. membership applications under Article 4 of the U.N. Charter. The rules of procedure for both the Security Council and the General Assembly set forth the details of this process. Applications for membership are submitted by the requesting state to the U.N. Secretary-General, who then forwards them to the Assembly and the Council. The amount of time it takes for an application to move through the process varies. In some cases, membership may be granted within weeks or months, while in other cases an application may remain pending indefinitely.

Role of the Security Council

When applying for U.N. membership, an applicant states that "it accepts the obligations contained in the Charter," in accordance with Rules 58 through 60 of the Provisional Rules of Procedure of the Security Council . The Council President, in most instances, refers the application to the Council Committee on the Admission of New Members for its consideration. The Council Committee then completes its review and submits a report, with recommended resolution language, to the Council. In a formal meeting, the Council considers the application.

Decisions on membership applications may be vetoed by any of the P-5. If the Council, however, decides to recommend the application for admission, it adopts a resolution of recommendation that is forwarded to the General Assembly, with a complete record of the discussion. The Council, in recent years, has also issued a presidential statement on its action. If the Council does not recommend membership, "it shall submit a special report to the General Assembly" with a complete record of the discussion.

Role of the General Assembly

Rule 136 of the Rules of Procedure of the General Assembly states that if the Security Council recommends the applicant state for membership, the General Assembly shall consider whether the applicant is "a peace-loving State" and is "able and willing" to carry out the obligations contained in the Charter. The Assembly decides, by a two-thirds majority of the members present and voting, on the state's application for membership. Membership becomes effective on the date on which the General Assembly adopts the resolution on admission.

If the Security Council has not recommended an application for membership or postpones its consideration, then General Assembly Rule 137 provides that the Assembly may, after full consideration of the special report of the Security Council, send the application back to the Council, along with a full record of the discussion in the Assembly, for further consideration and recommendation.

Suspension or Loss of Membership

The U.N. Charter outlines the process and criteria for suspension and loss of membership. Both actions require approval from the Security Council and the General Assembly, making them intentionally difficult to implement. Suspension is specifically addressed in Article 5, which states that U.N. members against which preventative or enforcement action has been taken by the Security Council may be suspended from the "exercise of rights and privileges" of membership. Suspension is generally not permanent; a state that is suspended remains a member and continues to be bound by obligations under the U.N. Charter. Suspension requires a two-thirds majority decision by the General Assembly, on the recommendation of nine Security Council members, including the P-5. The Security Council decides whether to restore the rights and privileges of membership, also by a vote of nine in favor, including members of the P-5. To date, no state has been suspended.

Loss of membership is addressed in Article 6 of the Charter. A member that has "persistently violated" the principles of the U.N. Charter may be expelled from the organization by the General Assembly on the recommendation of the Security Council. The expulsion of a member requires a two-thirds majority decision by the General Assembly, on the recommendation of nine Security Council members, including the P-5. Loss of membership is permanent; a member expelled under Article 6 is no longer bound under the obligations of the Charter. No member has been expelled to date.

Instead of suspending or removing a state, members have exercised alternative measures, including

enforcement powers under Chapter VII of the U.N. Charter, Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression; application of Article 19 of the Charter, which states that a U.N. member that is in financial arrears shall have no vote in the General Assembly; and rejection of a member state's credentials in the General Assembly.

U.N. Non-member Observer States

Over time, U.N. members have developed the practice of inviting entities and "non-member states" to observe the work of the United Nations, particularly the General Assembly. This practice is not outlined in the U.N. Charter; rather, it has evolved in practice over many years, originating with Switzerland's application for permanent observer status in 1946. Many states that were once U.N. observers, such as Austria, Bangladesh, Japan, Switzerland, and Vietnam, eventually applied for and obtained U.N. membership. There are currently two non-member observer states: the Holy See (Vatican), which gained permanent observer status in 1964; and "Palestine," which gained observer "entity" status in 1964, and observer "non-member state" status in 2012.

Membership in U.N. Specialized Agencies

The process and criteria for membership in U.N. specialized agencies vary depending on the organization. There are currently 15 specialized agencies in the U.N. system (see text box ). Each of these entities is a legally independent intergovernmental organization with its own constitution, rules, membership, organs, and financial resources.

The United States is a member of all specialized agencies except for two—UNIDO and UNWTO. The membership requirements set forth in the constitutions of these agencies show a range of membership processes, summarized below (also see the Appendix ).

In 11 specialized agencies, membership in the United Nations gives a state access to membership in the agency without having to have its admission approved by the membership of the agency (ICAO, IFAD, ILO, IMO, ITU, UNIDO, UPU, WHO, WIPO, WMO, and UNESCO). Of these 11 agencies, three also provide membership, without a vote, to member nations of any specialized agency (IFAD, UNIDO, and WIPO). Two agencies require some process of voting for admission (FAO and UNWTO). UNWTO requires a two-thirds vote of its General Assembly for membership—however, an amendment to Article 5 of its statute, adopted in 2005 but not yet in force, would have membership open to all states that are U.N. members. The two international financial institutions—the World Bank Group and the IMF—have different membership processes. Each member of the IMF is assigned a quota "based broadly on its relative position in the world economy," which determines its maximum financial commitment to the IMF, voting power, and access to IMF financing. In order to admit new IMF members, the overall quota must be changed. (Because the United States currently controls 16.75 percent of IMF votes, it can block the admission of any new members.) To be a member of the World Bank Group, entities must also be members of the IMF. Specifically, IMF membership is required to join the Group's International Bank for Reconstruction and Development (IBRD, the Bank's non-concessional lending facility). In turn, IBRD membership is required for admission to other parts of the Group, including the International Development Association (the Bank's concessional lending facility) and the International Finance Corporation (which lends to private sector entities in development countries), among others.

Some specialized agencies allow for "associate membership." Generally, an associate member is defined as a territory or group of territories that are not responsible for the conduct of its international relations. The criteria and activities related to this type of membership vary depending on the organization and are often outlined in specialized agency constitutions, statutes, or rules of procedure. Examples of specialized agencies that grant associate membership include FAO, UNESCO, and WHO.

Palestinian Membership Efforts32

Palestine's change in observer status and its efforts to apply for U.N. membership have garnered significant domestic and international attention. These events are part of a broader, ongoing initiative by Palestine Liberation Organization (PLO) Chairman and Palestinian Authority President Mahmoud Abbas to obtain membership or non-member observer state status in various U.N. and related bodies as a means to achieving more widespread recognition of Palestinian statehood. Brief descriptions of these efforts follow.

Application for U.N. Membership . In September 2011, Palestine submitted an application for membership to U.N. Secretary-General Ban Ki-moon. The Secretary-General subsequently submitted it to the Security Council for consideration. The Council's Committee on the Admission of New Members stated that it was "unable to make a unanimous recommendation to the Security Council" regarding Palestine's application. The application remains pending and is unlikely to be considered by the Council. The Obama Administration has stated that the United States would veto any proposed Security Council resolution recommending Palestinian membership. Change in U.N. Observer Status . In November 2012, the U.N. General Assembly voted to change Palestine's observer status from "entity" to "non-member state." Palestine's previous relationship with the United Nations, as defined through a series of General Assembly resolutions, was as an observer "entity." As a permanent non-member observer state, Palestine has maintained many of the capacities it had as an entity. Although Palestine has the term "state" in its current designation, it is not a U.N. member. As a non-member state, Palestine does not have the right to vote, call for a vote, or put forward candidates in the General Assembly. UNESCO Membership . In October 2011, the UNESCO General Conference—the organization's main decision-making body—adopted a resolution admitting Palestine as a member. The General Conference agreed to Palestinian membership by a vote of 107 in favor, 14 against (including the United States), and 52 abstaining. Accession to Multilateral Treaties . In April 2014, the Palestinians submitted 13 letters of accession to the United Nations and two to the governments of Switzerland and Norway for a range of international convention and treaties. Accession is proceeding in accordance with the specific provisions set forth in each treaty.

U.S. Policy

As one of the five permanent members of the Security Council, the United States can play a key role in determining membership in the United Nations. It has a more limited role in determining membership in U.N. specialized agencies. A decision to admit a new member in these bodies is generally made by the entire membership, where each member—including the United States—has one vote. The decision to vote for or against membership in both the United Nations and its specialized agencies lies primarily with the executive branch of the U.S. government, which represents the United States in the United Nations and related agencies.

Some Members of Congress, however, have sought to influence U.S. policy on the issue by proposing legislation advocating or opposing the membership of various countries and entities—including Israel, Montenegro, Kosovo, South Africa, China/Taiwan, and the PLO. Some Members have also introduced legislation calling on the United Nations to suspend the membership of any country that does not meet certain criteria. Notably, in the mid-1990s, Congress enacted two laws to prohibit funding to the United Nations or its affiliated organizations under specific conditions related to internationally recognized attributes of statehood or PLO membership in the United Nations:

S ection 410 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( P.L. 103-236 ) states that the United States shall not make contributions to "any affiliated organization of the United Nations which grants full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood"; and S ection 414 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( P.L. 101-246 ) states, "No funds authorized to be appropriated by this Act or any other Act shall be available for the United Nations or any specialized agencies thereof which accords the Palestine Liberation Organization the same standing as member states."

The United States currently withholds its voluntary and assessed contributions to UNESCO in response to the 2011 decision by UNESCO members to admit Palestine as a member. In FY2013 through FY2015, the President asked Congress to provide authority to waive the above-mentioned legislative restrictions; however, many Members of Congress appear unwilling to do so. The Obama Administration has stated that the United States does not intend to withdraw from UNESCO despite the funding restrictions. In November 2013, the United States lost its voting rights in the UNESCO General Conference as a result of its withholding of assessed contributions.

The 113 th Congress has addressed U.N. membership primarily in the context of specific countries—with a particular focus on Palestinian membership efforts. For example, the FY2014 foreign operations appropriations bill (Division K of P.L. 113-76 ) prohibits U.S. assistance to the Palestinian Authority if the Palestinians obtain membership in the United Nations or U.N. specialized agencies outside of an agreement negotiated between Israel and the Palestinians. The Secretary of State may waive these restrictions if he certifies to the appropriations committees that doing so is in the national security interests of the United States. In addition, some Members have introduced legislation seeking to further tie U.S. funding of the United Nations to Palestinian membership decisions, and expressing support for Taiwan's participation and membership in the United Nations.

Issues for Congress

As the 113 th Congress considers issues related to membership in the United Nations and its specialized agencies, Members may take several policy issues and related questions into account.

Impact on Membership in Other U.N. Entities

U.S. decisions on membership in one U.N. entity can potentially affect membership in related U.N. entities. For instance, as discussed previously, states that are admitted as members of the United Nations are eligible for membership, without a vote, in 11 specialized agencies. Three of these specialized agencies—IFAD, UNIDO, and WIPO—offer membership, also without a vote, to members of any other specialized agency.

A newly admitted member of the United Nations, IFAD, UNIDO, or WIPO that wishes to obtain membership in specialized agencies must provide appropriate notification. The type and extent of such notifications vary depending on the organization.

U.S. Contributions to U.N. System Entities

Based on existing restrictions in U.S. law, Palestinian membership in U.N. bodies could have implications for U.S. contributions to the United Nations and its specialized agencies. When Palestine was admitted to UNESCO in October 2011, for example, it also became eligible for membership, without a vote, in IFAD, UNIDO, and WIPO. To date, the Palestinians have not pursued membership at these organizations; however, if they were to do so, they would likely receive an invitation for membership. The United States is a member of IFAD and WIPO, and is not a member of UNIDO. It is unclear whether the United States would withhold funding to these organizations as it has done in the case of UNESCO.

Role of Politics in Membership Criteria and Process

Experts and observers generally agree that individual U.N. members' response to the criteria for U.N. membership and decision to admit a state are inherently political. The extent to which the criteria have been applied to various membership applications has depended on the applicant country or entity, geopolitical issues at the time, and individual member states' national interests and views on the role and nature of the United Nations. In particular, the complex relationships among member states play an important role in membership decisions. These relationships are independent of the United Nations, but can impact whether an entity or state applies for membership, if an application is considered by the Security Council and General Assembly and, ultimately, whether an entity is invited to be a member of the organization.

Looking Ahead: Key Questions

In light of the aforementioned issues, Members of Congress may face several questions related to U.N. and specialized agency membership, including

whether to support or oppose the efforts of various entities to pursue membership in the United Nations or its specialized agencies; what specific steps Members might take to support or oppose the membership of various entities, including, but not limited to, those that represent the Palestinians; and how, if at all, to address the Obama Administration's continued requests to support legislation that would provide authority to waive the legislative restrictions that prohibit U.S. funding for UNESCO.

The extent to which Members might address these issues depends on a range of factors—including whether the Palestinians pursue membership in other U.N. entities and how such efforts might take place within the context of overall Israeli-Palestinian relations; as well as other domestic and foreign policy priorities.

Appendix. Membership-Related Provisions for U.N. Specialized Agencies

The table below provides relevant membership provisions for U.N. specialized agencies and one related organization. It draws from various agency constitutions, conventions, or statutes that address (1) the process and/or criteria for membership, (2) withdrawal from the organization, and (3) the impact of arrears.