CREDENTIALS CHALLENGE (10-7-2008)

CREDENTAILS CHALLENGE U2 RULES 27-29 RULES OF PROCEDURES OF THE GENERAL ASSEMBLY


Rules 27-29 of the Rules of Procedure of the General Assembly govern the process for accrediting the delegation of each Member State to represent that state at the United Nations. The accreditation procedure provides that at the beginning of each session of the General Assembly, the representatives of each United Nations Member State must present their credentials to a Credentials Committee. The Credentials Committee must in turn approve the credentials of each delegation for that delegation to represent its state in the United Nations. The Credentials Committee makes a recommendation to the General Assembly on the credentials of each delegation, and the General Assembly must vote on whether to approve the recommendations of the Credentials Committee. During this accreditation process, the credentials of a delegation to represent a Member State may be challenged through a process called a credentials challenge. The credentials challenge process may be invoked in two ways.
First, one or more United Nations Member States may challenge the credentials of a delegation to represent a Member State.
Second, two delegations (generally the previously-seated delegation and an alternative delegation) may present credentials to represent the same United Nations Member State.
There are four possible results to a credentials challenge. The results often depend on how the challenge was invoked.
First, when an alternative delegation has presented credentials, the Credentials Committee may choose to seat that alternative delegation.
Second, where the Credentials Committee cannot come to an agreement on which delegation to seat, or where the Committee decides not to accredit a delegation after a challenge from another Member State, the seat of the Member State in question may be left empty.
Third, the Credentials Committee may choose to seat the delegation whose credentials have been challenged.
Finally, the Credentials Committee may defer a decision.
All credentials decisions must go through the General Assembly, regardless of whether there is a challenge. The decision of the Credentials Committee is a recommendation to the General Assembly, but the General Assembly is not bound to follow that recommendation.
Generally, the credentials process is considered a technical process, meaning that its purpose is primarily to ensure the appropriate paperwork has been filed, and often the General Assembly vote is a rubber stamp. The exception occurs when the credentials of a delegation are challenged. The challenge may occur in the Credentials Committee or in the General Assembly, and may be invoked, as noted below, either by a rival delegation or an objection from a Member State.
According to our research to date, the vote in the General Assembly is by a majority of members present and voting, with a 50% quorum requirement (meaning 50% must be present, but they need not vote).
3) Given that we have so little support from the UN General Assembly and very little groundwork has been laid for such support, what is your estimation of the chances of success by the UNGA if the credentials committee does make a referral?
Ground work -- with the limited available resources ( manpower with required skills, funds ect) we are working as hard as we can. If all participated, instead of waiting to be sure that it will work -- we never get there. My personal experience, which is very limited has been the UNOCAL and ILO Forced labor issues. No one thought it was possible, we worked, many fall backs, problems along the way but we can now say that our approach was correct. Those who stayed away at that time, criticized us on the approach, are now the champions of the issue. We were the Alien Tort Claims unit, the other side blasted me for not following them on the Class Action --- and yet the judge allowed the case on the ATC and the settlement was on the ATC and the other side is now the champion of the ATC.. Strange world.
Yet we need to start some where in a more broad based assault on the UN and that is my take.
Up to now, the UN issued has been " along the procedures that diplomats want" ---- non confrontational and a consensus approach. We need to change this – vote, if we have to ---and we do see that the political climate is correct now. It will not be next year.
The Credentials process is quite time consuming. The main point is to have it tabled at the Credentails Committee and take it from there. Be positive man.
4) What groundwork has been laid to gain necessary support from the UNGA?
International --- talked with 14 countries -- no official responses yet. 15 would be if we visited or you initiated on --- if we can make it.
Legal -- we have the top international law person writing the brief and six more joining in.
Grassroots --- in the US not bad. UK have started