Status and the role of non-governmental organizations in the Committee on the Peaceful Uses of Outer Space and its subsidiary bodies

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1 The Lawyer as a Lobbyist before International Organizations New York State Bar Association Seasonal Meeting 2014 Vienna, Austria Thursday, October 16 Substantive Paper Sergiy Negoda * and Niklas Hedman ** United Nations Office for Outer Space Affairs (OOSA) Status and the role of non-governmental organizations in the Committee on the Peaceful Uses of Outer Space and its subsidiary bodies 1. Introduction. The present paper aims at explaining the status of non-governmental organizations vis-à-vis the Committee and its subsidiary bodies. The paper also reviews the rules of the Committee pertinent to these organizations. The footnotes with hyperlinks to materials are called to assist in furthering knowledge and understanding of these matters. 2. The United Nations Committee on the Peaceful Uses of Outer Space. The Committee was established in 1959 by the General Assembly, as one of its subsidiary bodies, and requested the Committee: a) To review, as appropriate, the area of international co-operation, and to study practical and feasible means for giving effect to programmes in the peaceful uses of outer space which could appropriately be undertaken under United Nations auspices, including, inter alia: i) Assistance for the continuation on a permanent basis of the research on outer space carried on within the framework of the International Geophysical Year; ii) Organization of the mutual exchange and dissemination of information on outer space research; iii) Encouragement of national research programmes for the study of outer space, and the rendering of all possible assistance and help towards their realization; b) To study the nature of legal problems which may arise from the exploration of outer space. 1 The Committee is accountable to the Fourth Committee (Special Political and Decolonization Committee) of the General Assembly 2 which adopts draft General Assembly resolution on International cooperation in the peaceful uses of outer space 3. * Sergiy Negoda is Legal Officer in the Committee, Policy and Legal Affairs Section of the Office. ** Niklas Hedman is Chief of the Committee, Policy and Legal Affairs Section of the Office for Outer Space Affairs. 1 General Assembly resolution 1472 (XIV) A International co-operation in the peaceful uses of outer space. view_doc.asp?symbol=a/res/1472(xiv)&lang=e 2 1

2 Since its establishment, the Committee and its subsidiary bodies have considered a wide range of matters relating to the international cooperation in the peaceful exploration and use of outer space, including mitigation of space debris population surrounding our planet; meeting challenges posed by the threat from near-earth objects; application of space technology for meeting the global development agenda. The Committee has elaborated and implemented a number of complex international cooperative mechanisms, aiming at the promotion of space science and technology for the benefit of humankind. The Committee and its Legal Subcommittee developed five international treaties and five principles, 4 covering various aspects of space exploration and use. In recent years, the Scientific and Technical Subcommittee developed guidelines on the use of space nuclear power sources 5 and mitigation of space debris Rules of procedure of the Committee. From the procedural viewpoint, the work of the Committee is defined by relevant provisions of the Charter of the United Nations 7 and the Rules of procedure of the General Assembly. 8 The Rules of procedure establish that: The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions [Sentence reproducing textually a provision of the Charter (Art. 22)]. The rules relating to the procedure of committees of the General Assembly, as well as rules 45 and 60, shall apply to the procedure of any subsidiary organ unless the Assembly or the subsidiary organ decides otherwise. 9 In accordance with rule 102 of the Rules of procedure of the General Assembly 10, the Committee established, at its first session 11, in 1962, two subsidiary bodies the Scientific and Technical 12 and the Legal Subcommittees. 13 During its work over the past decades, the Committee has elaborated and agreed to a number of practices and procedures, for better reflecting its particular needs in conducting its work. Thus, already at its first session, the Committee decided that: 3 See for examples of resolutions "Index of Online General Assembly Resolutions Relating to Outer Space". oosa/spacelaw/gares/index.html See Chapter IV, Article 22 of the Charter of the United Nations. 8 General Assembly of the United Nations. Rules of Procedure and comments. 9 Ibid., XVII. Subsidiary Organs of the General Assembly, Rule Ibid., XIII. Committees See document A/5181, Report of the Committee on the Peaceful Uses of Outer Space. /Library.nsf/16734f3ff0a632b f/e3ba34f27949d5f d9128/$FILE/A-5181-pp%201-9.pdf 12 See more at 13 See more at 2

3 it will be the aim of all members of the Committee and its Sub-Committees to conduct the Committee s work in such a way that the Committee will be able to reach agreement in its work without need for voting. 14 Since then, this consensus rule is applied to decision-making of the Committee and its Subcommittees. The Committee has elaborated a number of practices and procedures relating to membership of States and a permanent observer status of the intergovernmental and non-governmental organizations. The Committee has also agreed on procedural terminology 15, composition of the bureaux and working methods of the Committee and its subsidiary bodies Member States of the Committee. All Member States of the United Nations are qualified to apply for membership with the Committee. 18 They can also attend, upon the agreement of the Committee, its sessions as observers. The membership of the Committee have grown from 28 in 1961 to 76 in At its fiftyseventh session, in 2014, the Committee agreed to recommend to the General Assembly that Luxemburg should become a member. As per the established practice, this recommendation will be considered, as part of the report of the Committee, by the Forth Committee of the General Assembly, in late October Permanent Observers of the Committee. Organizations and entities which take part in the work of the Committee can be divided in three groups: (1) organizations and entities of the United Nations system; (2) international intergovernmental organizations; and (3) international non-governmental organizations. At the first session of the Committee, in 1962, a number of specialized agencies, intergovernmental and non-governmental organizations, had expressed their interest in the deliberations of the Committee and their desire to make contributions to the Committee s work. Few month before, the General Assembly, in its resolution requested the Committee to maintain close contact with governmental and non-governmental organizations concerned with outer space matters Document A/AC.105/PV.2* of 4 May Verbatim record of the second meeting, held in Headquarters, New-York, on Monday, 19 March Page Official Records of the General Assembly, Thirty-third Session, Supplement No. 20 (A/33/20), para Ibid., Fifty-eighth Session, Supplement No. 20 (A/58/20), para. 241 and Annex II and Appendix I and II Ibid., Fifty-second Session, Supplement No. 20 (A/52/20), annex I For the example of application of a State, see document A/AC.105/2013/CRP.4: limited/l/ac105_2013_crp04e.pdf 19 For the list of member States of the Committee, please refer to Annex 1, section A, to this paper. 20 See para. 3 of the General Assembly resolution 1721 (XVI) A

4 In this connection, the Committee agreed that in similar cases it has been the practice of the Committees of the General Assembly to grant such organizations the status of observers At the outset, this decision related to following agencies and one non-governmental organization: the World Meteorological Organization (WMO), the International Telecommunications Union (ITU), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Committee on Space Research (COSPAR). In accordance with established practice, a permanent observer can take part in sessions and meetings of the Committee and its Subcommittees and their working groups, and make statements. A permanent observer cannot participate in decision-making. In order for an international intergovernmental organization to become a permanent observer, it should submit, for consideration of the Committee, an application containing certain documentation, as well as a summary of its activities and a justification of interest of that organization in the work of the Committee on matters related to the peaceful exploration and uses of outer space. 22 The recommendation of the Committee on the application is then considered by the Fourth Committee. 23 There are certain requirements to the applications, which have been developed by the Committee in the last decades. At its thirty-third session, in 1990, the Committee considered guidelines for granting observer status with the Committee to international intergovernmental and non-governmental organizations. The possible criteria suggested by the Secretariat of the Committee at the time were the following: (a) As part of its programme, the organization should be concerned with matters falling within the competence of the Committee on the Peaceful Uses of Outer Space; (b) The aims and purposes of the organization should be in conformity with the spirit, purposes and principles of the Charter of the United Nations; (c) The organization should be a recognized international organization and should have an established headquarters, an executive officer, and a constitution, a copy of which is deposited with the Secretary-General of the United Nations. In the case of a non-governmental organization, it should be a non-profit organization. It has been the practice of the Committee, since its decision in 1990, to have before it the constitution or statutes of the organization or entity requesting observer status. 21 Document A/AC.105/PV.2* of 4 May Verbatim record of the second meeting, held in Headquarters, New-York, on Monday, 19 March Page For the example of application of an intergovernmental organization, see document A/AC.105/2013/CRP.5: pdf/limited/l/ac105_2013_crp05e.pdf 23 For the list of international intergovernmental organizations having the permanent observer status with the Committee, please refer to Annex 1, section B.1, to this paper. 4

5 24 25 The same conditions are extended to applications of non-governmental organizations. However, there are additional requirement for such applications. The Committee at its thirty-third session, in 1990, agreed that in the future, non-governmental organizations which request observer status with the Committee should have consultative status with the Economic and Social Council (ECOSOC) and should, as part of their programmes, be concerned with matters falling within the competence of the Committee. 26 Also, a non-governmental organization should bear regional or international status. At its fifty-third session, in 2010, the Committee agreed that observer status would be granted to non-governmental organizations on a provisional basis, for a period of three years, pending information on the status of their application for consultative status with the Economic and Social Council. The Committee also agreed that the provisional observer status could be extended for an additional year, if necessary. The Committee further agreed that it would grant permanent observer status to such nongovernmental organizations upon confirmation of their consultative status with the Council. 27 Following the above agreement, the Secretariat keeps track of the status of existing and new nongovernmental organizations with the permanent observer status vis-à-vis the ECOSOC. 28 The permanent observers bring to the work of the Committee and its Subcommittees their own views on matters related to the exploration and peaceful use of outer space, alongside with their own unique knowledge and expertise. They assist the Committee in keeping abreast of work conducted by academia, research establishments and civil society in space science and technology. Permanent observers help to promote the goals of the Committee and its subsidiary bodies and raise awareness of this work among various actors of space activities and the general public. Private sector actors participate in the work of the Committee and its Subcommittees through national delegations and permanent observers. 6. United Nations Office for Outer Space Affairs. The Office is the executive arm of the Committee and its Subcommittees. From the time of establishment of the Committee, the United Nations Secretariat has been providing it with the full range of support. The organization of the Office are defined by the Secretary General s bulletin 29, and its mandates are defined by the General Assembly and the Committee itself. As part of its mandates, the Office works with the permanent observers of the Committee in various ways. It co-organizes workshops and seminars in order to build capacity in various space science and technology applications. It also prepares various reports and publications, jointly with organizations having permanent observer status with the Committee. 24 For the example of application of a non-governmental organization, see document A/AC.105/2012/CRP.8: pdf/limited/l/ac105_2012_crp08e.pdf 25 For the list of non-governmental organizations having the permanent observer status with the Committee, please refer to Annex 1, section B.2, to this paper. 26 Official Records of the General Assembly, Forty-fifth Session, Supplement No. 20 (A/45/20), para Ibid., Forty-fifth Session, Supplement No. 20 (A/45/20), para See, for example, document A/AC.105/2014/CRP Document ST/SGB/2004/5. 5

6 7. Conclusions. Currently, there are all necessary prerequisites and conditions established to enable participation and contribution of non-governmental organizations in the work of the Committee, its Subcommittees, as well as their joint collaboration with the Office for Outer Space Affairs. 6

7 ANNEX 1. UNITED NATIONS COMMITTEE ON THE PEACEFUL USES OF OUTER SPACE LIST OF MEMBER STATES AND PERMANENT OBSERVERS (AS OF 1 JANUARY 2014) * A. MEMBER STATES 1. ALBANIA 21. COSTA RICA 41. LIBYA 61. SLOVAKIA 2. ALGERIA 22. CUBA 42. MALAYSIA 62. SOUTH AFRICA 3. ARGENTINA 23. CZECH REPUBLIC 43. MEXICO 63. SPAIN 4. AUSTRALIA 24. ECUADOR 44. MONGOLIA 64. SUDAN 5. AUSTRIA 25. EGYPT 45. MOROCCO 65. SWEDEN 6. ARMENIA 26. FRANCE 46. NETHERLANDS 66. SWITZERLAND 7. AZERBAIJAN 27. GHANA 47. NICARAGUA 67. SYRIA 8. BELARUS 28. GERMANY 48. NIGER 68. THAILAND 9. BELGIUM 29. GREECE 49. NIGERIA 69. TUNISIA 10. BENIN 30. HUNGARY 50. PAKISTAN 70. TURKEY 11. BOLIVIA 31. INDIA 51. PERU 71. UKRAINE 12. BRAZIL 32. INDONESIA 52. PHILIPPINES 72. UNITED KINGDOM 13. BULGARIA 33. IRAN 53. POLAND 73. UNITED STATES OF AMERICA 14. BURKINA FASO 34. IRAQ 54. PORTUGAL 74. URUGUAY 15. CAMEROON 35. ITALY 55. REPUBLIC OF KOREA 75. VENEZUELA 16. CANADA 36. JAPAN 56. ROMANIA 76. VIET NAM 17. CHAD 37. JORDAN 57. RUSSIAN FEDERATION 18. CHILE 38. KAZAKHSTAN 58. SAUDI ARABIA 19. CHINA 39. KENYA 59. SENEGAL 20. COLOMBIA 40. LEBANON 60. SIERRA LEONE 1

8 B. PERMANENT OBSERVERS B.1. INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS NAME OF ORGANIZATION YEAR OF ADMISSION 1. ASIA PACIFIC SPACE COOPERATION ORGANIZATION (APSCO) ASSOCIATION OF REMOTE SENSING CENTERS IN THE ARAB WORLD (ARSCAW) CENTRE RÉGIONAL DE TÉLÉDÉTECTION DES ETATS DE L AFRIQUE DU NORD (CRTEAN) EUROPEAN SPACE AGENCY (ESA) EUROPEAN ORGANIZATION FOR ASTRONOMICAL RESEARCH IN THE SOUTHERN HEMISPHERE (ESO) EUROPEAN TELECOMMUNICATIONS SATELLITE ORGANIZATION (EUTELSAT-IGO) INTER ISLAMIC NETWORK ON SPACE SCIENCES AND TECHNOLOGY (ISNET) INTERNATIONAL MOBILE SATELLITE ORGANIZATION (IMSO) INTERNATIONAL ORGANIZATIONS OF SPACE COMMUNICATIONS (INTERSPUTNIK) INTERNATIONAL TELECOMMUNICATION SATELLITE ORGANIZATION (ITSO)

9 B.2. INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS NAME OF ORGANIZATION YEAR OF ADMISSION 1. AFRICAN ORGANIZATION OF CARTOGRAPHY AND REMOTE SENSING (AOCRS) ASSOCIATION OF SPACE EXPLORERS (ASE) COMMITTEE ON EARTH OBSERVATION SATELLITES (CEOS) COMMITTEE ON SPACE RESEARCH (COSPAR) EUROPEAN SPACE POLICY INSTITUTE (ESPI) EUROPEAN ASSOCIATION FOR THE INTERNATIONAL SPACE YEAR (EURISY) IBERO-AMERICAN INSTITUTE OF AERONAUTIC AND SPACE LAW AND COMMERCIAL AVIATION INTERNATIONAL ACADEMY OF ASTRONAUTICS (IAA) INTERNATIONAL ASSOCIATION FOR ADVANCEMENT OF SPACE SAFETY (IAASS) INTERNATIONAL ASTRONAUTICAL FEDERATION (IAF) INTERNATIONAL ASTRONOMICAL UNION (IAU) INTERNATIONAL INSTITUTE FOR APPLIED SYSTEMS ANALYSIS (IIASA) INTERNATIONAL INSTITUTE OF SPACE LAW (IISL) INTERNATIONAL LAW ASSOCIATION (ILA) INTERNATIONAL SOCIETY FOR PHOTOGRAMMETRY AND REMOTE SENSING (ISPRS) INTERNATIONAL SPACE UNIVERSITY (ISU) NATIONAL SPACE SOCIETY (NSS) PRINCE SULTAN BIN ABDULAZIZ INTERNATIONAL PRIZE FOR WATER (PSIPW)

10 19. SCIENTIFIC COMMITTEE ON SOLAR-TERRESTRIAL PHYSICS (SCOSTEP) SPACE GENERATION ADVISORY COUNCIL (SGAC) SECURE WORLD FOUNDATION (SWF) THE PLANETARY SOCIETY (TPS) WORLD SPACE WEEK ASSOCIATION (WSWA) 2002 * At its fifty-seventh session, in June 2014, the Committee recommended to the General Assembly that Luxemburg should become a new member State of the Committee and that the African Association of Remote Sensing of the Environment (AARSE), a non-governmental organization, should become a permanent observer with the Committee. These recommendations will be considered by the Fourth Committee of the General Assembly, and the General Assembly, in the fall of