Monitoring Policy Making at the United Nations |
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Update on NGO Access (October 27, 1997) Update on NGO Access
By Bill Pace and Naomi Onaga
World Federalist Movement
October 27, 1997
I. Subgroup on NGOs Ends Because of Failure to Agree on Mandate; Open-ended Working Group On Strengthening the UN System Agrees to WorkThe Subgroup on NGOs of the Open-Ended High Level Working Group on Strengthening the UN System, despite extraordinary efforts by its Chairman, Ambassador Kamal (Pakistan), was unable to agree on a mandate. 51st GA President Razali Ismail refused to call another meeting of the Subgroup because he was convinced, as were many NGOs, that governments in the Subgroup would never be able to agree to a mandate, much less fulfill one.
The Open-Ended Working Group on Strengthening the UN System completed its work and was dismantled on 31 July 1997; therefore, the Subgroup is officially over.
The final report of the Open-Ended Working Group (A/51/24) that was adopted by the General Assembly on 31 July stated:
"The Working Group was informed that the Sub-group on Non- governmental organizations, after holding 10 informal meetings, had not been able to achieve a consensus on the question of its mandate. The Working Group emphasizes the importance of early examination of the question of the participation of non- governmental organizations in the work of the United Nations in accordance with Economic and Social Council decision 1996/297 and the interpretive statement made on that occasion by the President of the Council. In that context, the Working Group recommends that the General Assembly give early consideration at its fifty- second session to the manner in which the matter is to be pursued further."
On 31 July 1997, the General Assembly adopted the recommendations from that report as General Assembly resolution 51/241. The recommendations adopted does not have anything about NGOs.
II. NGO "Compromise Resolution Proposal" of Late June 1997
Many NGOs had become convinced that a group such as the Subgroup would not have been capable of fulfilling its mandate, much less agreeing to one. On June 17 1997 more than 40 NGO groups met and agreed on the elements of a Compromise Resolution, which they hoped would be used as a basis for a compromise resolution that would serve as a next step for NGO access (see "2nd Draft" update of INTGLIM Memorandum dated June 14, 1997). The Compromise Proposal was circulated late June 1997. Currently there are over 50 NGOs that have signed onto the Compromise Resolution Proposal. The text of the Compromise Proposal and list of current signatories is attached as Annex 1.
INTGLIM still believes it is important to get more support and signatories for the Compromise Resolution Proposal. If your organization would like to sign, please contact us.
[Note that the compromise resolution proposal issued June 1997 called for the sponsorship of a GA resolution during the 51st session. We feel it can now be applied to the 52nd session because the principles behind the proposal remain the same; therefore, we have taken the liberty of modifying the text to reflect this change. Please contact us if you signed on previously but would not like to endorse this proposal for the 52nd GA.]
III. US Draft Resolution on NGO Access In GA Introduced at ECOSOC in July 97
In July 1997 during the ECOSOC Session in Geneva, the US, to the amazement and consternation of many governments and NGOs, came out with proposals for a draft resolution that would extend some NGO access to the Genereal Assembly. An initial "non-paper" was circulated, and a revision was circulated and then introduced as ECOSOC draft resolution L.51. We are told that "hard-liner" governments were blind-sided by the US proposal (which was a major shift in the US position and strategy) and were trying to prevent any action at ECOSOC on procedural grounds. The draft resolution was deferred to the next organizational session of ECOSOC, pending any action in the General Assembly, by this decision:
"The Council decides to defer consideration of the draft resolution contained in document E/1997/L.51 pending the outcome of the deliberation on this issue in the fifty-second General Assembly but not later than the 1998 organizational session of the Council without prejudice to the relevant decision in the General Assembly on this issue. The Council also decides to recommend that to the General Assembly that it give early consideration to the issue."
On 15 July, INTGLIM produced an "Urgent Action Memorandum (1st draft) which requested comments on the US non-paper (#1), and provided some initial commentary on its substance. Subsequently, INTGLIM uploaded "US non-paper #2" on the un.reform list serv, and outlined the differences between the first and second non-paper, and requested comments. Unfortunately, INTGLIM was not able to produce a written memorandum at that time for circulation.
The US draft resolution L.51 (same as US non-paper #2) is attached as Annex 2, with comments from NGOs that we received during that time as Annex 3.
The following is a brief historical review of the US proposals.
III.a. US Non-Paper #1 on NGO Access to GA
At the ECOSOC session in July, the US circulated a "non-paper" of a proposed draft resolution concerning the issue of extending NGO rights in the General Assembly and other areas of the UN. We believe that it had some basis in the NGO Compromise Resolution Proposal in form, particularly, in that it contained basic elements of the three-stage approach advocated by many NGOs: 1) Invitation of NGOs to participate in the GA, 2) Report from SG on NGO arrangements and practices in the GA and other areas of the UN, and 3) Consideration by the GA of extending and recommending additional arrangements in other areas of the GA and UN).
However, many NGOs were concerned that the draft resolution contained many inadequacies compared to the NGO position put forth in the NGO Compromise Proposal, and also contained different elements that were objectionable:
The US non-paper was inadequate in that it only proposed to extend to NGOs 1) the right to attend the GA Plenary, main committees and special sessions, and 2) to make NGO documents available at these forums. It therefore excluded rights such as the right for NGOs to obtain General Assembly documentation, and to have documentation submitted by NGOs translated and circulated (which are rights fundamental to existing modalities and practice in the ECOSOC arrangements). It proposed that any procedures for "further rights" beyond the right to attendance and the right to make available documentation should be established by each body separately, that is, on separate discussions by the GA Plenary, Main Committees, and special sessions. The non-paper also recalls Article 71, ECOSOC decision 606 of 1952, ECOSOC decision 1996/31 and ECOSOC decision 1995/297, and GA resolutions 49/252 and 51/181. It does not recall other provisions that were recommended in the NGO Compromise Resolution Proposal: Agenda 21 Chapter 38 and paras 38.42 and 38.45 of the document which calls for the GA to establish procedures for an expanded role for NGOs within the UN, and 51/467 of April 1997 which invited ECOSOC and roster NGOs to participate in the 19th Special Session of the GA (the Earth Summit+5).
The non-paper also contained provisions that were objectionable to many NGOs: an examination of a possible scale of fees for NGO application for renewal of "accreditation", and a review of DPI and Committee on NGO lists in order to delete inactive NGOs. <
III.b. US Non-Paper #2 and Its Introduction as ECOSOC Draft Resolution L.51
On 21 July, the US circulated a revised version of the non-paper (which was eventually introduced at ECOSOC as draft resolution L.51). While this second version deleted some of the provisions that had been objectionable to many NGOs, it introduced new changes that were objectionable. It remained inadequate, and even deleted some good elements from the previous draft. Here is a brief analysis of the proposal:
1. The new version, to the happiness of many NGOs, eliminated the paragraphs about introducing a fee structure for NGOs, and for purging inactive NGOs from UN lists.
2. The new version, while it still only proposed to extend NGO rights to attendance of open meetings and the right to make available documentation, requested the SECRETARY-GENERAL rather than the different bodies of the GA, to "propose procedures, defining any further NGO participation" in the GA. (INTGLIM believes this is a better approach, as leaving it to each body could result in a huge confusion with many different sets of procedures.)
3. The new version unfortunately eliminated the provision from non-paper #1 that asked the Secretary-General to prepare a report on existing arrangements and practices relating to participation by NGOs in "organs and bodies of the UN organization and other parts of the UN system", upon which the GA in its Fifty-third session was to conduct further review. This destroys the "three- prong approach" that NGOs had recommended (1-Access to the GA, 2- Study by the Secretary General, 3-Expansion of access to other parts of UN). The elimination of the SG study essentially limits the entire scope of non-paper #2 to the GA Plenary, main committees, and special session with no further study.
4. It also introduced a provision that would limit the extension of consultative arrangements and rights to NOT entailing "new or additional costs to the organization", which if strictly interpreted, could undermine the initiative.
The US non-paper #2 was introduced as draft resolution L.51 (contained in E/1997.L.57). It did not receive much support, and there was not much time left in ECOSOC, so consideration of it was deferred by the following ECOSOC decision:
"The Council decides to defer consideration of the draft resolution contained in document E/1997/L.51 pending the outcome of the deliberation on this issue in the fifty-second General Assembly but not later than the 1998 organizational session of the Council without prejudice to the relevant decision in the General Assembly on this issue. The Council also decides to recommend that to the General Assembly that it give early consideration to the issue."
The reso is therefore deferred for now until the 1998 organizational meeting of ECOSOC but may come up in the GA.
IV. Current Status of NGO Access In GA Issue
We have heard that there may be some governments willing to introduce a draft resolution in the General Assembly during this session.
Key advisors to INTGLIM had been recommending that NGOs to specifically contact representatives of those countries who expressed "progressive" views on this issue in the Sub-group and who seem willing to consider alternative proposals. Countries suggested include: Africa (South Africa, Ghana, Kenya), Latin America (Chile, Argentina, Brasil, Costa Rica, Mexico, Carribean countries), Asia (Malaysia, Phillipines, Pakistan), Canada, Australia, New Zealand. We are hoping that the EU, which has been resistant in the past, may become willing to compromise; it would help if progressive EU countries, such as the Netherands, Denmark, Portugal, and other non-EU countries, possibly Norway, Czech Republic, and Poland, could be approached.
It is argued by some experts (and it was the NGO strategy in June) that if we can find 5-20 countries from different regions who can embrace an alternative resolution proposal, this would be the best way forward. Many experts argue that leadership must come from these moderate countries; that while the US's new approach and initiative should be applauded, the revised initiative should be led by a broad coalition of moderate countries.
The first part of the General Assembly was apparently not a good time for further discussion on this issue because of General Debate. There appears to be some discussion or thought going on now among some governments.
Introduction of such a draft resolution at the General Assembly will keep the issue alive for more discussion, even though it would probably be too contentious to be adopted by December. It would also keep the forum of debate within the General Assembly, which is preferable to ECOSOC.
V. Next Steps
1. GA Resolution: Contact governments to see if they are interested in co-sponsoring a GA resolution to be introduced in this session of the GA. The resolution should be modeled after the NGO Compromise Resolution Proposal. There appears to be some discussion among some governments now to do this; please contact us at the information below should you have any information or ideas on this.
2. Continue NGO sign-on to "Compromise Resolution Proposal": We still have many petitions outstanding; should anyone have a petition, please send them in. Continued endorsements could be very valuable during the next few weeks and months. Please contact us at the information below.
3. NGO Study on existing practice: Continuing on previous efforts to compile information on existing practice of NGOs, Naomi Onaga of the World Federalist Movement (who has just returned from an extended trip) should be contacting NGOs who had agreed to help in the research.
Annex 1: NGO Compromise Resolution Proposal (rev.2) on NGO participation in the United Nations (issued June 1997)[This proposal was issued by NGOs in June 1997 and called for the sponsorship of a GA resolution during the 51st session. We feel it can now be applied to the 52nd session because the principles behind the proposal remain the same; therefore, we have taken the liberty of modifying the text to reflect this change. Please contact us if you signed on previously but would not like to endorse this proposal for the 52nd GA.]
In decision 1996/297 ECOSOC:
"Decided to recommend that the General Assembly examine, at its fifth-first session, the question of the participation of non- governmental organizations in all areas of the work of the United Nations, in light of the experience gained through the arrangements for consultation between non-governmental organizations and the Economic and Social Council."
After 10 formal meetings of the Sub-Group on the Question of Non- Governmental Organizations of the High-Level Open-Ended Working Group on Strengthening the United Nations System and many other consultations over the past six months, governments have been unable to agree on how to proceed with the objectives set forth in 1996/297. As an alternative approach, the non-governmental organizations on the attached list have endorsed the following draft compromise resolution. The specific wording is not cast in stone, however, based upon consultations with NGOs and governments during the past severa weeks, we believe that a majority of countries are willing to agree to a compromise resolution that contains the core elements of our draft proposal.
As a modest first step, we hope governments will consider endorsing, in principle,, the compromise draft resolution and will commit to joining with other governments in sponsoring a resolution on this important matter during the 52nd General Assembly.
Draft Compromise Resolution:
General Assembly decision of _____________ 1997
Terms of the Mandate for the General Assembly consideration of 1996/297
At its ____ plenary meeting, on ______, the General Assembly, recalling its resolution 49/252, ECOSOC resolution 1996/297, the ECOSOC President's Interpretive Statement;
Recalling Agenda 21 and in particular Chapter 38 and paragraphs 38.42 through 38.45 of that document which calls for the General Assembly to establish procedures for an expanded role for non- governmental organizations within the United Nations;
Recalling resolution 51/181 of 16 December 1996, in which it recognized, inter alia, the important contributions made by non- governmental organizations;
Recalling General Assembly decision 51/467 of 18 April 1997 which decided to invite non-governmental organizations in consultative status with the Economic and Social Council and on the Roster to participate in the nineteenth special session of the Assembly;
(a) Decides to invite non-governmental organizations in consultative status with the Economic and Social Council and on the Roster to participate in the work of the Assembly, its Main Committees and Special Sessions in light of the experience gained through the arrangements for consultation between non- governmental organizations and the Economic and Social Council. These General Assembly bodies would be called upon to implement the decision in timely and appropriate fashion;
(b) Decides that the Assembly should explore ways and means for encouraging the participation of NGOs from all regions;
(c) Decides to request the Secretary-General to prepare a report on existing arrangements and practices in the General Assembly and all other areas of the UN system, describing existing and best practices, describing procedures, modalities and regulations for adopting arrangements with NGOs by the different bodies, and outlining proposals and recommendations for improvements and harmonization, where appropriate; and
(d) Decides that upon receipt of the report of the Secretary General, the Assembly will consider the questions, proposals, and recommendations raised by the report relating to extending arrangements for NGOs in other/subsidiary bodies of the GA, and other areas of the UN, as appropriate, taking into account the process and experience gained through the arrangements initiated in the General Assembly, and the arrangements for consultation between non-governmental organizations and the Economic and Social Council.
Endorsing NGOS (as of 31 October 1997):
AGAPAN - Brazil
Bahai International Community
BIHAA, Greenhill, Bangladesh
Both Ends, Netherlands
Campaign for Equity-Restorative Justice (CERJ)
Center of Concern
Center for the Development of International Law
Church World Service Inc.
Citizens Network for Sustainable Development
Congregation of St. Joseph
Council of with Disabilities
Earth Council
ECOSENS (Romania)
ELCI
Friends of the Earth International
Futures Institute
Global Forest Policy Project
Greenpeace International
Harlem Women International
IFAP
Integrative Strategies Forum
International Federation of Settlements and Neighborhood Centre (IFS)
International General-Semantics for Greater Success
International League for Human Rights
International Union for Land Value Taxation
International Women's Anthropology Conference
IRATE
KIK
Loretto Community
National Council of Women of Finland
National Wildlife Federation (USA)
Netherlands Committee for IUCN
Norwegian Forum for Environment and Development (ForUM-Norway)
OUTREACH - WFUNA
Pathways to Peace
PCIO-Montreal, Canada
Right Livelihood Award Foundation
School for International Training
Soroptimist International
Together Foundation
United Association of Canada
UCC Network for Economic & Environmental Responsibility
UNA-Denmark
UNED-UK
Witenberg Centre
Womens Environment and Development Organization
World Council of Churches
World Information Transfer
World Federalist Movement-Institute for Global Policy
World Union of Catholic Women's Organizations
World Wildlife Fund International
Vitae Civilis Institute - Brazil
Annex 2: US Draft Reso (E/1997/L.51) Introduced AND Deferred In ECOSOC IN July 97Participation of NGOs in the United Nations General Assembly 21 July 1997
The Economic and Social Council
Recommends to the General Assembly that the Assemby adopt the following resolution:
Participation of NGOs in the United Nations General Assembly
The General Assembly,
Recalling Article 71 of the UN Charter; ECOSOC Decision 606 (VI) of 1952; ECOSOC Decision 1996/31 and ECOSOC Decision 1995/297; and General Assembly Resolutions 49/252 and 51/181, and taking into account the recommendations of the Open-ended High-level Working Group on the Strengthening of the United Nations System,
Noting the ad hoc attendance of non-governmental organizations in consultative status with the Economic and Social Council in meetings of the General Assembly and its main committees,
1. Decides to invite non-governmental organizations in consultative status with the Economic and Social Council to attend open meetings of the Assembly Plenary, its main committees and its special sessions, and to make available within the United Nations documents and statements prepared by them in connection with these meetings;
2. Requests the Secretary General to prepare for consideration by the Fifty-second General Assembly, an interim report on existing arrangements and practices relating to participation by non-governmental organizations in organs and bodies of the United Nations organization and other parts of the United Nations system. The interim report shall describe existing practices, procedures, modalities and regulations pertaining to arrangements for participation by non-governmental organizations;
3. Also requests the Secretary General, in a final report to the Fifty-third General Assembly, to propose procedures, defining any further non-governmental organization participation in the work of the General Assembly, its main comittees and special sessions, where appropriate, for their consideration. Such proposals and procedures shall recognize the essential intergovernmental character of these bodies, shall not entail new or additional costs to the organization, and shall be consistent with the limits of the procedures already established under Economic and Social Council Decision 1996/31 and other relevant decisions of the General Assembly and without prejudice to any participation already permitted to non-governmental organizations by these bodies under existing arrangements and practices.
Annex 3: NGO Comments On US Proposals IN ECOSOC IN July 1997>From our previous request for comments, here are some that we received:
- Pleased that US might withdraw [paragraph on system of fees] because it might form a major obstacle for small, local NGOs which only want to participate in one or two specific meetings
- "[T]he registration fees are not entirely bad. All states pay a fee to belong to the UN, on a sliding scale. So, too, civil society could pay a fee based on each organization's annual budget, and the fee must be quite modest, better, it might be a voluntary contribution. Waivers where appropriate is a sticky phase, who determines appropriateness? A small contribution is not unreasonable, but should not be seen as getting governments off the hook to carry out their financial responsibilities"
- One of the concerns of the seed application fee was the outrageous proposal for a $1500 fee for access to the optical disk system. This created fears that any proposal for a fee structure may be way out of line.
- While there may be value in deleting names of NGOs that are no longer active, this should be separate from the resolution
- Maybe para 6 of non-paper #1 [the proposal to review lists of NGOs and eliminate inactive ones] made sense. The current bureaucracy does form an obstacle for participation; or is itbetter to address all modalities for working with NGOs in the 53rd GA?
- "Do you think that the report of the SG for the 53rd GA may also include ideas about improving relations between country offices and national major groups as described in 1996 WIC- workshop on UN Reform and SD? Should we sent the SG information and suggestions about such practical modalities? Do you support strengthening NGLS in this respect?"
- Any reference to "begin negotiations" should include specific working to conclude them by a certain date
- Biggest problem is that this is limited to ECOSOC affiliates, the smaller and more elite group; this could set up a class system. Hope that we could convince the US to give consideration to all NGOs.
More Information on NGOs and the General Assembly
