ECOSOC/5684

NEW ARRANGEMENTS FOR CONSULTATION WITH NON-GOVERNMENTAL ORGANIZATIONS ADOPTED BY ECONOMIC AND SOCIAL COUNCIL

25 July 1996


Press Release
ECOSOC/5684


NEW ARRANGEMENTS FOR CONSULTATION WITH NON-GOVERNMENTAL ORGANIZATIONS ADOPTED BY ECONOMIC AND SOCIAL COUNCIL

19960725

Culminating a three-year review process, the Economic and Social Council this morning adopted, without a vote, a resolution updating arrangements which had been in place since 1968 for its consultation with non-governmental organizations. In a related action, it recommended that the General Assembly give consideration to the participation of those organizations in all areas of the work of the United Nations.

The revised arrangements, welcomed by applause at their adoption and by numerous speakers at today's meeting, cover a range of aspects of the participation of non-governmental organizations in the Council's work, including clear definitions of the various levels of status accorded, as follows: general consultative status, special consultative status and roster status, with descriptions of the role to be played by organizations in each category.

The text states that the Secretary-General should be authorized to offer to non-governmental organizations 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 non-governmental organizations in the work of the Organization is provided for in Article 71 of the United Nations Charter which states that the Council may make arrangements for consultation with non- governmental organizations concerned with matters within its competence. 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 in its resolution 1993/80, of 30 July 1993.

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The Chairman of the Open-ended Working Group, Ahmad Kamal (Pakistan), said the review of the relationship between the United Nations and the non- governmental organizations 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 non-governmental organizations 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" developing countries and China), Canada, Lebanon, India, China, Australia, Japan, Egypt, Malaysia, Philippines, Chile, Côte d'Ivoire, Mexico, Cuba, Kenya, Syria, Panama and Iran.

Also making statements were the representatives of the Conference of Non-governmental Organizations on Consultative Status with the United Nations Economic and Social Council, the World Federation of United Nations Association, the International Chamber of Commerce, the International Confederation of Free Trade Unions and the Soroptimist International.

The Council will meet again at 3 p.m. today to continue its general segment.

Council Work Programme

The Economic and Social Council met this morning to continue its general segment. It was scheduled to hear the introduction of a draft resolution on the implementation of the Declaration on decolonization by the United Nations system and to take action on drafts concerning non-governmental organizations; special economic, humanitarian and disaster relief assistance; human rights questions; the advancement of women; natural resources; international cooperation in the field of informatics; and programme and related questions in the economic, social and related fields. The Council was also expected to conduct elections, nominations and appointments postponed from previous sessions.

Drafts on Non-Governmental Organizations

By a draft decision submitted by the President of the Council on the basis of informal consultations (document E/1996/L.24), the Council would decide to recommend to the Assembly's fifty-first session the consideration of the question of 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.

In addition, the Council has before it a draft resolution (document E/1996/L.25) also submitted by its President on the basis of informal consultations. Under its provisions, the Council would approve an update to its 1968 arrangements for consultation with those organizations -- set out in resolution 1296 (XLIV) of 23 May 1968.

The update, attached to the draft resolution, states that the Committee on Non-governmental Organizations, in considering applications for consultative status, should ensure participation of non-governmental organizations 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.

Regarding principles governing the nature of consultative arrangements, the text states that 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.

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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 continues.

Regarding consultation with the Council, the text states that 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.

According to the draft, 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, the text states that 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 non-governmental organizations wishing to be accredited may apply to the secretariat of the conference.

Regarding consultation with the Secretariat, the text states that the Secretary-General should be authorized to offer to non-governmental organizations 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

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accommodation for conferences or smaller meetings, seating arrangements and facilities for obtaining documents during public meetings of the General Assembly dealing with matters in the economic, social and related fields.

Action on Non-Governmental Organizations

The draft texts concerning the relationship between non-governmental organizations and the United Nations were before the Council for action.

AHMAD KAMAL (Pakistan), Chairman of the Open-ended Working Group on the Review of Arrangements for Consultations with Non-governmental Organizations, introducing the Group's report, said the review of the relationship between the United Nations and the non-governmental organizations 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 non- governmental organizations 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 non-governmental organizations.

Since 1968, the legal basis for the involvement of those organizations in the work of the United Nations had remained unchanged, he continued. The push for the review of current legislation for arrangements of consultations with non-governmental organizations had come from the following sources: the involvement of thousands of those organizations in the 1992 United Nations Conference on Environment and Development (UNCED), the growth of human rights non-governmental organizations, and the participation of thousands of human rights advocates in the 1993 World Conference on Human Rights. Also, the non- governmental 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. Today, the Council had before it a draft resolution updating arrangements for consultative relationship between the United Nations and non-governmental organizations and a draft decision recommending to the General Assembly the

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examination of the question of participation of non-governmental organizations in the work of the United Nations.

The representative of Ireland, speaking on behalf of the European Union, asked whether the drafts should be adopted simultaneously.

The representative of the United States asked for a brief suspension of the meeting so that negotiations on the texts could continue.

The representative of Costa Rica, speaking on behalf of the "Group of 77" developing countries and China, said she agreed with the proposal of the European Union.

The meeting was then suspended.

When the meeting resumed 10 minutes later, the President of the Council, JEAN-MARIE KACOU GERVAIS (Côte d'Ivoire), made the following interpretative statement, which was to become part of the official record: "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 abovementioned paragraph reads as follows: "Decides to recommend that the General Assembly examine, at its fifty-first session, the question of the participation of non-governmental organizations in all areas of the work of the United Nations, in the light of the experience gained through the arrangements for consultation between non-governmental organizations and the Economic and Social Council."]

The two texts were then adopted simultaneously.

The Council President welcomed the adoption of the two texts, saying the moment was one which he had felt would never come.

The representative of Ireland, speaking on behalf of the European Union, expressed deep appreciation that the two very important texts had been adopted by consensus. "The emotion of the Council is quite evident and is shared by all." He expressed deep appreciation to Mr. Kamal (Pakistan), Chairman of the Working Group, the Council President and others who had contributed to the process which had culminated in today's action.

The revised arrangements for consultations with non-governmental organizations reflected the increasing contribution of those groups at all levels, he said. The establishment of a consistent set of provisions for the participation of non-governmental organizations in international conferences

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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 United Nations Charter. The Union attached great importance to the fact that the texts had been adopted by consensus, as it reflected the importance attached by the Council to the participation of non-governmental organizations.

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 aim of the resolution's adoption had been to produce a text that was balanced in the treatment of all non-governmental organizations.

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 non-governmental organizations 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 very pleased that after three years of difficult negotiations, the work of the Working Group had been completed, and she thanked those responsible for that success. Canada would have been happier with a somewhat more ambitious result, but it was confident that the text just adopted was the best possible at the current stage. The entire process had enhanced the understanding of governments about the importance of non-governmental organizations. Canada 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

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"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 non-governmental organizations. 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.

The representative of Lebanon joined others in expressing gratitude to Mr. Kamal (Pakistan) for his great efforts which had resulted in a consensus text. Lebanon favoured the participation of non-governmental organizations, but understood that such participation should continue to respect the principles enshrined in the United Nations Charter. The statement read out by the President should not be interpreted in a manner that would obstruct the participation of non-governmental organizations in the work of the United Nations. Efforts should be made to encourage the participation of non- governmental organizations from developing countries.

The representative of India said the role of non-governmental organizations was appreciated. India noted, at the same time, that there were many areas of activity where non-governmental organizations were underutilized. It 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 non- governmental organizations 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. Non-governmental organizations had contributed positively to development, and China supported their active participation in the work of the United Nations. Experience showed that non- governmental organizations' participation 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.

The representative of Australia said the adoption, after a number of years, of the texts on non-governmental organizations was a momentous achievement. Although Australia would have liked to see the results of the resolutions to go a little further forward, it was pleased that the participation of non-governmental organizations from all regions had been recognized. Also, Australia would have favoured the deletion of provisions of

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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.

The representative of Japan said he was pleased that the Working Group had completed its work and had made considerable progress. Among the many issues on which consensus had been reached, Japan attached importance to the participation of non-governmental organizations in United Nations conferences. However, it had reservations on the separate draft decision which took for granted that those organizations would participate in all areas of the United Nations.

The representative of Egypt said he supported the statement of Costa Rica on behalf of the Group of 77. The growth of the role of non-governmental organizations at national and regional levels was now more appropriately reflected. He 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.

The representative of Malaysia welcomed the adoption of the texts. Malaysia fully supported the participation of non-governmental organizations in the work of the United Nations system, especially those from the South. Such participation would not violate the sanctity of the intergovernmental process; rather, it would enhance it.

The representative of the Philippines said the texts adopted represented true consensus. The Philippines placed high priority on the participation of non-governmental organizations in the work of the United Nations. It was most satisfactory to see the three-year process finally coming to fruition. She thanked those who had worked hard on the matter.

The representative of Chile said his country had joined the consensus because it recognized the resolution was a signal of openness towards non- governmental organizations. A new stage of cooperation had begun between the United Nations and non-governmental organizations. All such organizations should be treated equally and should enjoy all rights entrusted to them.

The representative of Côte d'Ivoire expressed satisfaction with the outcome of the lengthy negotiations which had produced the texts. Non- governmental organizations had contributed their expertise to the United Nations, and their role was increasingly being recognized.

The representative of Mexico welcomed the conclusion of the Working Group's work. The resolution just adopted reflected the development of the

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participation of non-governmental organizations in recent years. The recommendation that the Assembly examine the participation of such organizations in all areas of the work of the United Nations was of particular importance. Clearly, there was broad recognition of the importance of non- governmental organizations in all areas of the Organization's work.

The representative of Cuba said non-governmental organizations had a critical role to play in the United Nations system, and, as such, the adoption of the texts had been welcome. Cuba supported the participation of non- governmental organizations in all aspects of the Organization's work, including the Bretton Woods institutions and disarmament bodies. There should have been no limits placed on the participation of non-governmental organizations working in the field of human rights. Their participation should be governed by the principles of objectivity and non-selectivity.

The representative of Kenya welcomed the successful conclusion of the Working Group's work, and paid tribute to those who had made that possible. The new consultative arrangements would assist and facilitate the active participation of non-governmental organizations in the work of the Council and its subsidiary bodies.

The representative of Syria thanked those who had made today's success possible. Syria had participated in the work of the drafting group, reflecting its interest in the activities of non-governmental organizations. It had worked with the Group of 77 to improve consultative arrangements between the United Nations and non-governmental organizations. Syria had made major efforts towards that end.

He expressed reservations about the fact that the text did not attach the necessary importance to non-governmental organizations which were working to put an end to serious violations of human rights. To not accord due attention to those fighting crimes, such as colonialism, occupation, racism and xenophobia, was a step backwards. Syria fully supported the position of the Group of 77 and China which had stressed the fact that the doors of the United Nations should be opened to non-governmental organizations which respected the United Nations Charter.

The representative of Panama thanked the Council President, Mr. Kamal (Pakistan) and the Working Group's facilitator for their efforts in generating consensus on the drafts.

The representative of Iran said he concurred with the statement of Costa Rica on behalf of the Group of 77 and China. Iran had been involved in the Working Group's activities right from the beginning and looked forward to the forthcoming participation of those non-governmental organizations in the work of the United Nations. He expressed strong reservations on the provision of the resolution concerning human rights organizations. Within the past two

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years, Iran had stated its position very often on that provision [paragraph 25], and it was with great reluctance that it had joined consensus.

A representative of the Conference of NGOs on Consultative Status with the United Nations Economic and Social Council expressed the hope that the texts adopted would be implemented and respected in its entirety by all the services of the Secretariat. In the past, non-governmental organizations had witnessed a lack of knowledge and even reluctance from some Secretariat staff regarding the application of the provisions governing the consultative relationship.

A representative of the World Federation of United Nations Association said her organization was pleased that the system of categories had been maintained and that national non-governmental organizations could apply for consultative status. It was also welcome that there were now clear and definite rules of procedure for participation of those organizations in United Nations conferences and that the human rights organizations would not face any additional conditions in their work with the United Nations. In addition, she expressed pleasure that the Assembly would examine the question of non- governmental participation in that body.

A representative of 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 non-governmental organizations 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 her organization was aware that some delegations still had reservations about parts of the text and had joined the consensus "with varying degrees of unhappiness". The Confederation 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 non-governmental organizations 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.

A representative of the Soroptimist International said her organization represented 112 national groups throughout the world, most of which were in developing countries and countries in transition, and whose members were business and professional women who worked at community level for development, equality and peace. She hoped that non-governmental organizations would

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continue to be provided with provisions which would help them operate most effectively. Also, she stressed the need for timely documentation, seating space and for continued access to the Secretariat and the delegates. It was anticipated that the expansion of the 1968 resolution would make it easier to strengthen the ties between governments, non-governmental organizations and the private sector.

Mr. KAMAL (Pakistan), Chairman of the Working Group, joined all delegations, Member States, observers and non-governmental organizations in expressing deep satisfaction at the adoption of the new arrangements.

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For information media. Not an official record.