The United Nations and the Taliban

The recent dispute over the representation of Afghanistan at the United Nations is emblematic of the broader challenge facing the international community in dealing with the Taliban.

Photo: Ilyass Seddoug on Unsplash

By: Austin Owen, Staffer

Last month, diplomats, heads of state, and activists congregated in New York City to kick off the 76th session of the United Nations General Assembly with the body’s annual General Debate.  This year’s UNGA meeting addressed a wide range of global challenges; the COVID-19 pandemic and the climate crisis featured prominently in remarks by leaders from across the world.  However, there was one country that was conspicuous by its absence from the litany of speeches that mark a new year of UN business:  the Islamic Republic of Afghanistan.

The evening before his designated speaking slot, the sitting Afghan ambassador to the UN withdrew from the program amid a dispute about the country’s representation.  The Taliban, which took control of Kabul and announced the formation of a new government in the weeks leading up to UNGA, sought to have its own representative participate on behalf of the “Islamic Emirate of Afghanistan.”  The dispute was referred to the UN Credentials Committee for consideration in the future. The way it chooses to resolve the question will have significant ramifications for the UN, the international community, and the people of Afghanistan.

The UN and Contested Representation

The UN is no stranger to contested representation.  The highest profile example of such a dispute culminated in the General Assembly’s recognition of the People’s Republic of China in 1971, but even this year there is a disagreement over the representation of Myanmar.  The UN Credentials Committee has yet to meet and consider the Taliban’s request, and there is also no guarantee that the Committee will resolve the matter in a timely fashion.  In the late 1990s, the Committee declined to allow the Taliban to name Afghanistan’s representative to the UN during the several years that the group controlled the country.  Even if the Committee (which includes the United States) were to decide in favor of the Taliban, representation in the UN General Assembly would not signify that individual UN member states recognize the Taliban government in Afghanistan.

This representation dispute is emblematic of the broader challenge facing the international community, a challenge that goes beyond determining who is entitled to Afghanistan’s seat in the General Assembly Hall.  Afghanistan faces an acute humanitarian crisis, vitally important international assistance to the country continues through UN mechanisms, and the country is controlled by a group that has a variety of UN sanctions targeting the group and its leaders.  This messy arrangement is unlikely to be resolved in the near future, as debate continues over whether international engagement with the Taliban offers potential leverage to encourage greater respect for human rights.

The U.S., The Taliban, and the UN

If the Taliban government in Afghanistan were to eventually take up the country’s seat at the UN, the United States could also face hard choices about how to balance its foreign policy position toward the group with its diplomatic obligations as the host of the UN Headquarters.

In 1947, the United States and the UN General Assembly agreed that the United States would extend diplomatic privileges to member state representatives “within the headquarters district, at their residences and offices outside the district, in transit between the district and such residences and offices, and in transit on official business to or from foreign countries,” even “[i]n the case of Members whose governments are not recognized by the United States.”

The United States has historically been willing to deny travel visas to certain foreign officials despite their UN business or affiliation (a practice that has generated international condemnation).  But the United States does not universally block physical UN participation by ambassadors or government officials that it finds unsavory – for example, Iranian President Hassan Rouhani addressed the 2019 UNGA General Debate, despite serious bilateral tensions with the United States at the time.

In some ways, a future American decision on whether to impede Taliban officials’ ability to operate at the UN could mirror the decisions on sanctions policy already facing the United States.  Recent actions by the Treasury Department have attempted to allow humanitarian assistance to reach Afghan civilians while maintaining sanctions pressure against the Taliban – clearly, there is some recognition of the need to make the best of a bad situation.  However, drawing distinctions and making exceptions is likely to be much harder when directly dealing with representatives of a government that includes officials sanctioned by the UN and wanted by the Federal Bureau of Investigation for terrorist activities.

Ultimately, the future of Afghanistan’s representation at the UN is likely to be determined by a mix of international policy considerations, as well as by the course of events within the country.  Its representation at the UN is wrapped up in the broader challenge for the international community – the challenge of dealing with the reality of Taliban control while still working to alleviate suffering and bolster support for human rights in Afghanistan.

Austin Owen is a second-year student at Columbia Law School and a Staff member of the Columbia Journal of Transnational Law.  He graduated from the University of Virginia in 2018.  He previously worked at the Carnegie Endowment for International Peace.