Palestine as a Non-Member Observer State at the United Nations
1.2: Palestine’s Application for Non-Member Observer Status 13
The Palestine Liberation Organization was accorded observer status at the United Nations
according to GA Resolution No. 3237, dated 22 November 1974. It received an invitation
to attend the sessions and conferences of the GA as an observer, and was also permitted
to participate in international conferences held under the auspices of the GA in the same
capacity14.
On 23 September 2011, Palestine submitted its application to the United Nations Security Council (SC) for full membership at the United Nations, but the application was not
subjected to a vote inside the Security Council, as there were conflicting views about the
application among the members of the Credentials Committee.
It was on 29 November 2012, and through a number of Arab and other friendly states,
that Palestine submitted a draft resolution to the General Assembly in a bid to upgrade
its status to observer state at the United Nations. The Palestinian application was titled
Palestine’s Status at the United Nations, and emphasized the various resolutions of the
United Nations that affirm the rights of the people of Palestine to self-determination and
the principle of equal rights based on GA resolution No. 181, issued exactlysixty-fie years
earlier, on 29 November 1947. It also emphasized the principles of the United Nations
which prohibit occupation of land by force, and specified the following relevant resolutions issued by the Security Council: 242 (1967); 338 (1973); 446 (1979); 478 (1980);
1397 (2002); 1515 (2003); and 1850 (2008). In addition, it highlighted the applicability
of Geneva Convention IV of 1949 to the occupied Palestinian territory, including East
Jerusalem.15 The draft resolution also stressed that Palestine should be accorded observer
state status at the United Nations without prejudice to the rights, privileges, role and
status of the PLO as representative of the people of Palestine, according to the relevant
resolutions and practices. Furthermore, it called attention to the right of the people of Palestine to self-determination and independent statehood on the Palestinian land occupied
in (1967). It urged member states and United Nations agencies and organizations to continue their support for the people of Palestine to attain their right to self-determination, independence and freedom16. The Palestinian application also emphasized that the Palestinian bid to upgrade Palestine’s status at the United Nations was not to adversely affect the
status of the PLO as the sole representative of the people of Palestine, and also stressed
that the new status would neither affect the PLO’s ability to promote the legal rights of the
people of Palestine and its protection, nor its bylaws and regulations17.
Though the submitted draft resolution emphasized the representative status of the PLO,
some understand this as putting it at risk. According to international law, the PLO represents the people of Palestine inside Palestine and in exile, making its representation
broader and more comprehensive. Thus, the matter of representation should be handled
13
14
15
16
17
See Appendix No. (1).
See www.un.org
See Appendix (1).
See Appendix (1).
http://www.nad-plo.org/atemplate.php?id=151
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