10:43 AM Jul 31, 1996

UNITED NATIONS: NEW RULES FOR NGO PARTICIPATION

Montevideo 31 July (Roberto Bissio) -- The UN Economic and Social Council, at its meeting in New York last week, has adopted by consensus a decision (E/1996/L.24), recommending that the UN General Assembly examine NGO participation in "all areas of the work of the United Nations".

The ECOSOC, also adopted at the same time a resolution (E/1996/L.25), revising the rules established in 1968 for NGO participation at ECOSOC (known as 1296 resolution).

This outcome was uncertain until the very last possible moment, with the US delegate calling for a suspension of the meeting to consult on whether to bow to consensus or call for a vote. Consensus was only possible by enormous efforts of Pakistani Ambassador Kamal, president of the Open Ended Working Group, that had been discussing for three years a revision of the rules for NGO participation in UN activities.

The G77 and China demanded during that review that NGO accreditation, until now limited to ECOSOC, be expanded to other areas, meaning that NGOs should have a voice on issues of finance, disarmament and peace-keeping. Till now NGOs participation has been limited to human rights, environmental and social aspects. The US and Russia opposed the principle of opening up all UN activities to NGOs.

Finally a "package" was negotiated, with the revised 1296 being "friendlier" for NGOs in general, and those devoted to human rights in particular, and allowing for national citizen organizations to gain consultative status with the UN, a privilege restricted until now to international NGOs, and the expansion of that system to other areas being dealt in a separate ECOSOC recommendation to the UN.

The US and Russia resisted that second agreement, which would in turn have led the G77 to withdraw support for the revision of 1296.

In a last-ditch effort to reach consensus, Amb. Kamal was given half an hour Wednesday night (July 24) to try to wrest agreement from the former the United States and Russia. The proposal was made to add the words "within its competence" -- meaning within the competence of the General Assembly.

The US and Russia argued that the words would have no substantive effect, but would allow consensus adoption. The Chair pointed out that the competence of the General Assembly is quite all-encompassing, and cited Article X of the Charter. The G77 asked for a clear explanation of the necessity for these words. But this was not forthcoming.

That wording might have precluded possible NGO participation in the work of the Security Council: "all areas of work of the UN" is different from "all areas of the work of the UN within GA competence", and the impact of the General Assembly on the Security Council is limited in practice.

The G77 did not accept the proposed language and at the very last minute the US and Russia agreed to withdraw it and allowed for a consensus instead of a vote.

The General Assembly will have to figure out how to accommodate NGO input into its work.

As for the "traditional" consultation mechanisms with ECOSOC, the new rules provide for a faster decision on applications, with the NGO Committee of ECOSOC now meeting every year and not every two years, and national groups being allowed to apply for such a status. This includes the possibility of organizations affiliated to international federations to have a consultative status of their own, a change that was resisted initially by many of the international NGOs belonging to the Conference of Non-governmental Organizations on Consultative Status with the UN ECOSOC (CONGO).

According to a press release of the UN's Department of Public Information, the revised arrangements, adopted by consensus and welcomed by applause and in statements of numerous speakers at the meeting, cover a range of aspects of the participation of NGOs in the Council's work, including clear definitions of the various levels of status accorded: general consultative status, special consultative status and roster status, with descriptions of the role to be played by organizations in each category.

The new text states that the Secretary-General should be authorized to offer to NGOs in consultative status access to documents, to the press documentation services, arrangement of informal discussions on matters of special interest, use of the libraries of the United Nations, provision of accommodation for conferences or smaller meetings, seating arrangements, and facilities for obtaining documents during public meetings of the Assembly dealing with matters in the economic, social and related fields.

The participation of NGOs in the work of the Organization is provided for in Article 71 of the United Nations Charter which states that the ECOSOC may make arrangements for consultation with non-governmental organizations concerned with matters within its competence. But the Charter makes no provision for the participation of such organizations in other areas of United Nations work. Three years ago, the Council had requested a general review of those arrangements.

The Chairman of the Open-ended Working Group, Ahmad Kamal (Pakistan), said the review of the relationship between the UN and the NGOs had been an exercise of vital importance. Over the last five decades, various actors of civil society had emerged as supporters of multilateralism. In the context of ongoing reform of the United Nations, the determination of the role of NGOs in the work of the United Nations had assumed importance and urgency.

Speaking after action on the texts were the representatives of Ireland (on behalf of the European Union), United States, Russian Federation, Costa Rica (on behalf of the Group of 77 and China), Canada, Lebanon, India, China, Australia, Japan, Egypt, Malaysia, Philippines, Chile, Cote d'Ivoire, Mexico, Cuba, Kenya, Syria, Panama and Iran.

Others making statements included the representatives of the CONGO, the World Federation of United Nations Association, the International Chamber of Commerce, the International Confederation of Free Trade Unions and the Soroptimist International.

The update resolution would have the Committee on Non-governmental Organizations, in considering applications for consultative status, ensure participation of NGOs from all regions, particularly from developing countries. Any organization not established by a governmental entity or intergovernmental agreement should be considered as a non-governmental organization, including organizations which accept members designated by governmental authorities, provided that such membership does not interfere with the free expression of views of the organization. Financial contributions or other support from a government must be openly declared to the Committee through the Secretary-General.

The resolution provides that the consultative arrangements should not be allowed to overburden the Council or transform it from a policy body into a forum for discussion. Arrangements for consultation made with each organization should relate to the subjects for which that organization has a special competence or in which it has a special interest.

The establishment of consultative relationships should apply to organizations which are concerned with most of the activities of the Council and its subsidiary bodies and can demonstrate that they could make substantive and sustained contributions to the achievement of the objectives of the United Nations, the text states. Organizations concerned with the economic and social life of the peoples of the area they represent and whose membership is broadly representative of major segments of society in a large number of countries in different regions of the world should have general consultative status.

Organizations with special competence in only a few of the fields of activity should have special consultative status. Organizations which do not have general or special consultative status, but which may make occasional and useful contributions to the work of the Council or its subsidiary bodies, will be included on a roster.

Organizations to be accorded special consultative status because of their interest in the field of human rights should pursue the goals of promotion and protection of human rights in accordance with the spirit of the Charter of the United Nations, the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action, the text says.

Organizations in general consultative status may propose to the Committee that it request the Secretary-General to place items of special interest to the organizations on the provisional agenda of the Council. Organizations in general consultative and special consultative status may designate authorized representatives to sit as observers at public meetings of the Council and its subsidiary bodies. Those on the roster may have representatives present at such meetings concerned with matters within their field of competence. Written statements relevant to the work of the Council may be submitted by organizations in general consultative status and special consultative status on subjects in which those organizations have a special competence. Organizations in general consultative status may propose items for the provisional agenda of commissions, among other provisions on their relationship with those bodies.

Regarding the participation of non-governmental organizations in United Nations conferences and their preparatory processes, organizations in general consultative status, special consultative status and on the roster should, as a rule, be accredited for participation in international conferences and their preparatory bodies. Other NGOs wishing to be accredited may apply to the secretariat of the conference.

In introducing the report of the Working Group on the Review of Arrangements for Consultations with NGOs, Amb. Ahmad Kamal of Pakistan, Chairman of the Group, said the review of the relationship between the UN and the NGOs had been an exercise of vital importance. Over the last five decades, various actors of civil society had emerged as supporters of multilateralism. In the context of ongoing reform of the United Nations, the determination of the role of NGOs in the work of the United Nations had assumed importance and urgency.

The increase in the number of those organizations was a distinct political phenomenon of this century, he said. Forty-two non-governmental organizations had attended the San Francisco Conference that drafted the United Nations Charter. The opening of the Charter, "We the peoples", owed its inspiration to the NGOs.

Since 1968, the legal basis for the involvement of those organizations in the work of the United Nations had remained unchanged. But the push for the review of current rules had come from the involvement of thousands of those organizations in the 1992 United Nations Conference on Environment and Development (UNCED), the growth of human rights NGOs, and the participation of thousands of human rights advocates in the 1993 World Conference on Human Rights. Also, the NGO contribution to humanitarian assistance in some of the worst crises around the world and the strengthening of the international women's movement had provided a push in that direction.

It had been in that context that the Council had decided in February 1993 to conduct a general review of current arrangements for consultations with non-governmental organizations, he said. The Working Group had addressed a broad range of issues, including the principles governing consultative status, establishment of consultative status, modes of consultation with the Council, commissions and subsidiary bodies and non-governmental participation in international conferences, as well as secretariat support and had recommended a draft resolution updating arrangements, and a draft decision recommending to the General Assembly the examination of the question of participation of NGOs in the work of the United Nations.

After a suspension of the meeting for 'consultations', sought by the US, when the ECOSOC resumed, the President of ECOSOC, Jean-Marie Kacou Gervais of Cote d'Ivoire, in an interpretative statement to be part of the official record said "It is the understanding of the Economic and Social Council that this recommendation contained in paragraph 2 of draft decision (E/1996/L.24) falls within the competence of the General Assembly as set forth in Article 10 of the United Nations Charter."

The two texts were then adopted simultaneously.

The representative of Ireland, speaking on behalf of the European Union, said the revised arrangements for consultations with NGOs reflected the increasing contribution of those groups at all levels. The establishment of a consistent set of provisions for the participation of NGOs in international conferences was also welcome, and should result in enhancing their considerable contribution in that regard.

He said that no distinction should have been made between non-governmental organizations in the human rights field and all others, and the Union would have preferred that measures to that effect in the text would have been deleted. None the less, it had joined consensus. Consideration by the Assembly of the matter should take place in the context of relevant provisions of the UN Charter, the EU said.

The representative of the United States said his delegation had finally decided to join consensus on both texts on the basis of the interpretative statement of the President and on the basis of representation by the Secretariat that the adoption of the resolution would have no budgetary impact on the current biennium.

The representative of the Russian Federation said his delegation had consistently been in favour of the fact that all decisions of the United Nations should be in keeping with the Charter. Expressing appreciation of the interpretative statement by the President, he stressed that although his country had not opposed the consensus on the draft decision, it would not have voted for the text had it been put to vote.

The representative of Costa Rica, speaking on behalf of the Group of 77, said the two texts were the result of arduous work in the Working Group. Never before had the role of NGOs been so magnified within the United Nations and that needed to be recognized. She expressed satisfaction that consensus had been reached on the two important texts and on the report of Mr. Kamal (Pakistan) without a vote.

The representative of Canada said she was confident that the new arrangements, which were long overdue, represented significant progress. It was Canada's understanding that the text fully covered all organizations representing civil society, including the "social partners" defined at the World Summit for Social Development (Copenhagen, 1995) and the "major groups" defined by the 1992 Environment and Development Conference. The new text should not be interpreted to restrict any of the current practices concerning NGOs. The Committee on Non-governmental Organizations should expedite the new applications of those groups. Canada welcomed the new reforms and the spirit of openness behind them, and remained committed to their full implementation.

In other statements, Lebanon favoured the participation of NGOs, but understood that such participation should continue to respect the principles enshrined in the United Nations Charter. The statement of the President should not be interpreted in a manner that would obstruct the participation of NGOs in the work of the United Nations. Efforts should be made to encourage the participation of NGOs from developing countries.

The representative of India said the role of NGOs was appreciated. India noted, at the same time, that there were many areas of activity where NGOs were under-utilized. India had long advocated a greater role for those groups across the United Nations system. India was disappointed that the language of the text had been diluted. The text did not cover the participation of NGOs across the United Nations system. The interpretative statement made by the President should not be used in a restrictive manner. Given the positive contribution of non-governmental organizations, India regarded the resolution, despite its neutral rather than positive wording, as a welcome development.

The representative of China said that, after three years of efforts, the process had finally been completed, and China appreciated the work of those who had worked towards that end. NGOs had contributed positively to development, and China supported their active participation in the work of the United Nations. Experience showed that NGOs in the work of the United Nations must be guided by the Charter and related documents adopted by the Council and the Assembly. The Council was recommending that the Assembly examine the issue of the participation of non-governmental organizations in all aspects of the Organization's work. In examining that question, the Assembly must take account of the specific character of the various agencies concerned.

Australia said although it would have liked to see the results of the resolutions to go a little further forward, it was pleased that the participation of NGOs from all regions had been recognized. Also, Australia would have favoured the deletion of provisions of the resolution which dealt with human rights organizations. However, its language had now been made more acceptable. It was hoped that the Secretariat would now be able to carry out its work with regard to non-governmental organizations.

Japan, in welcoming the adoption of the resolution and decision attached importance to the participation of NGOs in UN conferences, but had reservations on the separate draft decision which took for granted that those organizations would participate in all areas of the UN.

Egypt urged the Assembly to examine the question of expansion of participation of those organizations in a serious manner. Speaking on the resolution's provision on human rights organizations, he said his country had joined the consensus even though it would have preferred more specific wording in the area of human rights.

In welcoming the adoption of the texts Malaysia fully supported the participation of NGOs in the work of the UN system, especially those from the South. Such participation would not violate the sanctity of the intergovernmental process; rather, it would enhance it.

A representative of the CONGO expressed the hope that the texts adopted would be implemented and respected in its entirety by all the services of the Secretariat.

The World Federation of UN Association said the organization was pleased that the system of categories had been maintained and that national NGOs could apply for consultative status. WFUNA was glad that the Assembly would examine the question of NGO participation in that body.

The International Chamber of Commerce welcomed that the proposals submitted by the Working Group had been endorsed by the Council. He drew attention to the fact that not all NGOs had the same breadth of status. Also, it was important that the rights set forth in the 1968 resolution be maintained. He welcomed the fact that organizations not in consultative status with the Council, and which participated in the United Nations conferences, could now acquire consultative status if they met requirements.

A representative of the International Confederation of Free Trade Unions said the ICFTU was aware that some delegations still had reservations about parts of the text and had joined the consensus "with varying degrees of unhappiness". The ICFTU too was also less than enthusiastic about some of its provisions. But it believed that, on the whole, it was a good compromise. It was particularly pleased that the distinction between the different categories of NGOs had been retained. In the last few years, there had been an unfortunate tendency in some meetings to favour ad hoc groupings over those organizations which, because of their global structure and wide representativity, had the most to offer to the United Nations.