Chapter 1 Observer State Accession to International Human Rights Law This chapter discusses the legal entitlements of Palestine upon being accorded observer state status at the United Nations, Palestine’s bid for membership at the UN and Palestine’s ability to join the UN’s different agencies and bodies. 1.1: Observer States in the United Nations3 Non-member states of the United Nations which are members of one or more specialized agencies of the UN can apply for permanent observer status at the UN General Assembly. This status is based on practical experience and precedence since the United Nations Charter does not provide any articles in this regard. Such practical experience dates back to 1946, when the Secretary-General of the UN approved of granting the Government of Switzerland the status of permanent observer. There are additional states that applied for observer status and subsequently were granted full membership. For example, Austria was one of these states, becoming a member of the United Nations in December 1955, and since then has participated in various UN activities and missions. It also joined the Council of Europe and the European Convention of Human Rights in 1956. Other states that went through the same experience are: Finland (14\12\1955); Italy (14\12\1955); Japan (18\12\19564); Switzerland (10\9\20025); and the Holy See, accorded observer member status since 6\4\19646. Permanent observer states at the United Nations are entitled to attend most of the meetings and have access to most of the relevant documents. Several regional and international organizations also enjoy their status as permanent observers in the actions of the General Assembly and its annual meetings. Despite the fact that most of the rights and privileges observer states7 enjoy are not inscribed in the Charter, three relevant resolutions have been made: 3 4 5 6 7 Since the creation of the UN, (16) countries went through the experience of being a non-member observer state : Australia, 1952-1955; Bangladesh 1973-74; Popular Democratic Korea 1973-91; Democratic Republic of Vietnam 1975-76; United Republic of Germany 1952-73; Finland 1952-55; Democratic Republic of Germany 1972-73; Italy, 1952-55, Japan 1952-56; Kuwait 1962-63; Monaco 1956-93; Republic of Korea, 1949-1991Republic of Vietnam 1952-76; Spain 1950-1950; Switzerland 1946-2002; Vietnam 1976-1977. http://www.bmeia.gv.at/en/austrian-mission/austrian-mission-new-york/about-austria/history.html http://www.un.org/ar/members/aboutpermobservers.shtml A state needs a simple majority of the votes of the GA to achieve member observer status (abstentions are not accounted for in this case) according to paragraph (3) of Article (18) of the UN Charter because status upgrading is considered to be a procedural matter and not a core one. http://www.un.org/ar/members/aboutpermobservers.shtml 9