Washington Watch-A Historic First: Consultative Status for the FBA at the United Nations

The year 2020 marks the 75th anniversary of the United Nations as well as the centennial of the FBA. This year also witnessed the beginning of a mutual relationship between the UN and the FBA. Specifically, on June 18, 2020, the UN Economic and Social Council (ECOSOC) granted “consultative status” to the FBA as a nongovernmental organization eligible to participate in policy dialogue with ECOSOC, its subsidiary bodies, human rights mechanisms of the UN, and special events of the General Assembly. With that action, the FBA joined a roster of several thousand nongovernmental organizations around the globe holding observer and participatory privileges in the world body.

The mission of the FBA and its fidelity to the rule of law properly align with the opportunities that UN consultative status will afford to the association. Indeed, the strengthening of the rule of law is embodied in the mission of ECOSOC and its focus on the capacity of democratic institutions to bolster human rights; eradicate poverty; and uphold the economic, social, and environmental dimensions of sustainable development.

What Does “Consultative Status” Mean?

Consultative status at the UN will permit credentialed FBA leaders and members to observe and participate in UN-sponsored events, meetings, and activities. With that opportunity will come a reciprocal obligation to inform the FBA membership of those proceedings and raise awareness about UN issues relevant to the federal legal community.

FBA consultative activity at the UN initially will involve observation and information-gathering. Over time, FBA activity may expand into more robust endeavors. Monitoring of ECOSOC meetings and debate also will provide information and intelligence to FBA members on international cooperative efforts relevant to treaties and other international agreements co-signed by the United States, as well as their impact on federal law and individuals and entities subject to U.S. jurisdiction.

How Can Members Participate?

Because of the COVID pandemic, all UN meetings and events are being hosted virtually on the UN website (see UN.org.). When post-pandemic times arrive, in-person events at the UN will return to the use of ground passes for entry to facilities in New York, Geneva, and Vienna. A limited number of ground passes will be made available to the FBA. Further information can be found on the FBA website under the Government Relations tab.

A Tireless FBA Campaign

The history of the FBA’s campaign for consultative status was an international marathon that began with the filing of the association’s application with ECOSOC in 2016. Over the next three years, the FBA’s application was delayed by questions from several countries, particularly China and Cuba. As time dragged on, the FBA took a more personal and direct approach, including my presentation in January 2020 to the ECOSOC Committee on Nongovernmental Organizations as well as talks with representatives of U.S., Chinese, and Cuban delegations. These efforts ultimately led to the NGO Committee’s recommendation to approve the FBA’s application on Feb. 7, 2020. ECOSOC approved the recommendation on June 18, 2020.

The FBA’s acquisition of consultative status was the product of tireless effort by many FBA leaders, especially Judge Mimi Tsankov of the International Law Section, whose vision and dogged persistence and intellect sustained the effort. Other significant contributions came from the members of the FBA UN Consultation Task Force, the Southern District of New York Chapter, the Government Relations Committee, Michele Forzley, and Stacy King.

Now, a new opportunity exists for the FBA to advance the cause of peace and the rule of law. In the days ahead, we need to remain mindful that just, peaceful, and inclusive societies do not merely happen; they are the result of sustained effort by principled people. Even as the ideal of global governance falters, the need for international cooperation, respect for human rights, and multilateralism remains.

About the Author

Bruce Moyer is government relations counsel for the FBA. 

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.