LegiStorm

Summary:

Since the United Nations (U.N.) was established in 1945, the U.S. government, including many Members of Congress, has maintained an ongoing interest in the criteria and process for membership in the United Nations and its specialized agencies. The United Nations currently has 193 member states and two observer non-member states—the Holy See (Vatican) and "Palestine." Criteria and Process The decision to admit a state into the United Nations is made by the U.N. General Assembly on the recommendation of the U.N. Security Council, including all five permanent members (P-5): the United States, China, France, United Kingdom, and Russia. Membership is open to all "peace-loving states" that accept the obligations contained in the U.N. Charter and, in the judgment of the organization, are able and willing to carry out such obligations. Given the imprecise nature of such criteria, many member states have broadly interpreted the conditions for U.N. membership. Consequently, global and domestic politics play a primary role in many membership decisions. Each of the United Nations' 16 specialized agencies has its own constitution, rules, membership, governance, and financial resources. As such, the process and criteria for admitting new members vary depending on the organization. In 11 specialized agencies, U.N. membership gives a state access to membership in the agency without requiring its admission to be approved by the current membership. Of these 11 agencies, 3 also provide membership, without a vote, to any member of any other specialized agency. Two other specialized agencies require a separate voting process to admit new members. U.S. Role and Policy Decisions on U.N. membership are subject to veto by any of the P-5; thus, the United States plays a significant role in determining U.N. membership. The United States has a more limited role in U.N. specialized agencies because decisions to admit new members to these bodies are generally made by the entire membership and each member has one vote. U.S. membership decisions in both the United Nations and its specialized agencies lie primarily with the executive branch, which represents the United States in U.N. and other multilateral fora. Although Congress often does not play a large role in determining U.N. membership, Members have sought to influence U.S. policy on the issue through legislation advocating or opposing the membership of various countries and entities—including Israel, Montenegro, Kosovo, South Africa, China/Taiwan, and the Palestine Liberation Organization (PLO). Notably, in the mid-1990s, Congress enacted two separate laws that prohibit funding to U.N. entities that (1) admit the PLO as a member, and (2) grant full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood (see Section 410 of P.L. 103-236 and Section 414 of P.L. 101-246). The United States currently withholds its assessed and voluntary contributions to the U.N. Educational, Scientific and Cultural Organization (UNESCO), which admitted Palestine as a member in 2011. Key Issues Members of Congress may consider the following issues related to U.N. membership: Impact on other U.N. entities and international organizations. Membership in one U.N. organization can potentially affect membership in other U.N. entities. Some experts also suggest that U.N. membership could affect membership in other international organizations, such as the International Criminal Court. U.S. contributions to U.N. entities. Based on restrictions in U.S. law, Palestinian membership in U.N. bodies could have implications for U.S. funding of the United Nations and its specialized agencies. For example, when Palestine was admitted to UNESCO, it became eligible for membership, without a vote, in three specialized agencies—the International Fund for Agricultural Development (IFAD), the World Intellectual Property Organization (WIPO), and the U.N. Industrial Development Organization (UNIDO). To date, Palestine has not joined any of these specialized agencies. The United States is a member of IFAD and WIPO, but not UNIDO. Political considerations in membership criteria and process. Many experts agree that each U.N. member state's decision to admit a new state is largely political. The extent to which the criteria outlined in the U.N. Charter has been applied to membership applications has often depended on geopolitical issues at the time, and member states' national self-interests and views on the role and nature of the United Nations. This report may be updated as events warrant.