Palestinian Membership in the Un

Palestinian Membership Efforts in the United Nations System in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On October 31, 2011, the General Conference of the United Nations Educational, Scientific and Cultural Organization (“UNESCO”) voted to admit “Palestine” as a member. The vote was 107 in favor, 14 against, with 52 abstentions. The United States voted no, with U.S. Ambassador to UNESCO David Killion providing the following explanation, available at (internet link) state.gov/p/io/rm/2011/176398.htm:

Developments

…[W]e recognize that this action today will complicate the U.S. ability to support UNESCO's programs. There are other ways of promoting the cause of the Palestinian people that would not have involved seeking premature membership at UNESCO. We sincerely regret that the strenuous and well-intentioned efforts of many delegations to avoid this result fell short. The United States has been very clear about the need for a two-state solution to the Israeli-Palestinian conflict. But the only path to the Palestinian state that we all seek is through direct negotiations. There are no short cuts and we believe efforts such as the one we have witnessed today are counter-productive.

U.S. opposition to Palestinian admission to UNESCO was further explained in the Department of State's October 31, 2011 Press Statement, excerpted below and available at (internet link) state.gov/r/pa/prs/ps/2011/10/176418.htm.

Details

Today's vote by the member states of UNESCO to admit Palestine as a member is regrettable, premature, and undermines the U.S. shared goal of a comprehensive, just, and lasting peace in the Middle East. The United States remains steadfast in its support for the establishment of an independent and sovereign Palestinian state, but such a state can only be realized through direct negotiations between the Israelis and Palestinians.

The United States also remains strongly committed to robust multilateral engagement across the United Nations system. However, Palestinian membership as a state in UNESCO triggers longstanding legislative restrictions which will compel the United States to refrain from making contributions to UNESCO.

U.S. engagement with UNESCO serves a wide range of the U.S. national interests on education, science, culture, and communications issues. The United States will maintain its membership in and commitment to UNESCO and we will consult with Congress to ensure that U.S. interests and influence are preserved.

More about the Issue

As mentioned in the press statement above, Palestinian membership as a state in UNESCO implicated longstanding legislative restrictions on U.S. contributions. In view of Palestinian membership in UNESCO and this legislation, the United States has not made further voluntary and assessed contributions to UNESCO.

By way of background, section 414(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, Pub. L. 101-246 (1990) provides that “No funds authorized to be appropriated by this Act or any other Act shall be available for the United Nations or any specialized agency thereof which accords the Palestine Liberation Organization the same standing as member states.” And section 410 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, Pub. L. 103-236 (1994) provides that “The United States shall not make any voluntary or assessed contribution” to the United Nations or 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 …during any period in which such membership is effective.”

The Palestinians also sought membership in the United Nations in 2011, submitting an application for membership to the Secretary-General of the United Nations in September. The Security Council's Committee on the Admission of New Members considered the application and submitted a report to the Council in November. U.N. Doc. S/2011/705. No further action was taken in the Security Council.

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See Also

• International Organizations