The Dilemma of Representation: UN Rules and Regulations in Addressing Conflict over Afghanistan's Seat in UN General Assembly

Abstract

Aim: The primary aim of this study was to clarify and describe the conflict between the officials of the Islamic Republic and the Islamic Emirate regarding Afghanistan's representation in the United Nations. The study also sought to propose a solution to this conflict in line with the principles and rules of the United Nations and the international community, which can be presented to the relevant parties. Methods: Since this study had a purely bibliographic aspect, descriptive and analytical methods were used. Legal documents, declarations, and resolutions of the United Nations were used to investigate the issue of Afghanistan's representation in the United Nations. Results: The dispute over the seat of Afghanistan in 2021 is not a novel phenomenon since a similar dispute had arisen between the governments of that time in 1997. After the fall of Kabul in August 2021, both the former republic and the Taliban government requested the United Nations to hand over the seat of Afghanistan to their nominated representatives. The Credentials Committee of the General Assembly decided that the assistant of the former representative should continue to represent Afghanistan in the United Nations. Conclusion: The new representative does not have the right to assume the position of the United Nations Organization until acquiring national and international legitimacy, establishes a government based on the rule of law, and takes concrete steps toward the development of human rights. Recommendation: As the current government of the Taliban has fulfilled the conditions of recognition of governments according to international law, the United Nations should hand over Afghanistan's seat to them. On the other hand, the Taliban should use lenience in the issues that the United Nations insists on and establish a government according to the will of the people.