Preamble
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
to save succeeding generations from the scourge of war, which twice
in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth
of the human person, in the equal rights of men and women and of nations
large and small, and
to establish conditions under which justice and respect for the obligations
arising from treaties and other sources of international law can be maintained,
and to promote social progress and better standards of life in larger freedom,
AND FOR THESE ENDS
to practice tolerance and live together in peace with one another as
good neighbours, and to unite our strength to maintain international peace
and security, and
to ensure, by the acceptance of principles and the institution of methods,
that armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic
and social advancement of all peoples,
HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH
THESE AIMS
Accordingly, our respective Governments, through representatives assembled
in the city of San Francisco, who have exhibited their full powers found
to be in good and due form, have agreed to the present Charter of the United
Nations and do hereby establish an international organization to be known
as the United Nations.
CHAPTER I: PRINCIPLES AND PURPOSES
Article 1
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to
take effective collective measures for the prevention and removal of threats
to the peace, and for the suppression of acts of aggression or other breaches
of the peace, and to bring about by peaceful means, and in conformity with
the principles of justice and international law, adjustment or settlement
of international disputes or situations which might lead to a breach of
the peace;
2. To develop friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, and to
take other appropriate measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems
of an economic, social, cultural, or humanitarian character, and in promoting
and encouraging respect for human rights and for fundamental freedoms for
all without distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment
of these common ends.
Article 2
The Organization and its Members, in pursuit of the Purposes stated
in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality
of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits
resulting from membership, shall fulfil in good faith the obligations assumed
by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful
means in such a manner that international peace and security, and justice,
are not endangered.
4. All Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or political independence
of any state, or in any other manner inconsistent with the Purposes of
the United Nations.
5. All Members shall give the United Nations every assistance in any
action it takes in accordance with the present Charter, and shall refrain
from giving assistance to any state against which the United Nations is
taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of
the United Nations act in accordance with these Principles so far as may
be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United
Nations to intervene in matters which are essentially within the domestic
jurisdiction of any state or shall require the Members to submit such matters
to settlement under the present Charter; but this principle shall not prejudice
the application of enforcement measures under Chapter VII.
CHAPTER II: MEMBERSHIP
Article 3
The original Members of the United Nations shall be the states which,
having participated in the United Nations Conference on International Organization
at San Francisco, or having previously signed the Declaration by United
Nations of 1 January 1942, sign the present Charter and ratify it in accordance
with Article 110.
Article 4
1. Membership in the United Nations is open to all other peace-loving
states which accept the obligations contained in the present Charter and,
in the judgement of the Organization, are able and willing to carry out
these obligations.
2. The admission of any such state to membership in the United Nations
will be effected by a decision of the General Assembly upon the recommendation
of the Security Council.
Article 5
A Member of the United Nations against which preventive or enforcement
action has been taken by the Security Council may be suspended from the
exercise of the rights and privileges of membership by the General Assembly
upon the recommendation of the Security Council. The exercise of these
rights and privileges may be restored by the Security Council.
Article 6
A Member of the United Nations which has persistently violated the Principles
contained in the present Charter may be expelled from the Organization
by the General Assembly upon the recommendation of the Security Council.
CHAPTER III: ORGANS
Article 7
1. There are established as the principal organs of the United Nations:
a General Assembly, a Security Council, an Economic and Social Council,
a Trusteeship Council, an International Court of Justice, and a Secretariat.
2. Such subsidiary organs as may be found necessary may be established
in accordance with the present Charter.
Article 8
The United Nations shall place no restrictions on the eligibility of
men and women to participate in any capacity and under conditions of equality
in its principal and subsidiary organs.
CHAPTER IV: THE GENERAL ASSEMBLY
COMPOSITION
Article 9
1. The General Assembly shall consist of all the Members of the United
Nations.
2. Each Member shall have not more than five representatives in the
General Assembly.
FUNCTIONS AND POWERS
Article 10
The General Assembly may discuss any questions or any matters within
the scope of the present Charter or relating to the powers and functions
of any organs provided for in the present Charter, and, except as provided
in Article 12, may make recommendations to the Members of the United Nations
or to the Security Council or to both on any such questions or matters.
Article 11
1. The General Assembly may consider the general principles of co-operation
in the maintenance of international peace and security, including the principles
governing disarmament and the regulation of armaments, and may make recommendations
with regard to such principles to the Members or to the Security Council
or to both.
2. The General Assembly may discuss any questions relating to the maintenance
of international peace and security brought before it by any Member of
the United Nations, or by the Security Council, or by a state which is
not a Member of the United Nations in accordance with Article 35, paragraph
2, and, except as provided in Article 12, may make recommendations with
regard to any such questions to the state or states concerned or to the
Security Council or to both. Any such question on which action is necessary
shall be referred to the Security Council by the General Assembly either
before or after discussion.
3. The General Assembly may call the attention of the Security Council
to situations which are likely to endanger international peace and security.
4. The powers of the General Assembly set forth in this Article shall
not limit the general scope of Article 10.
Article 12
1. While the Security Council is exercising in respect of any dispute
or situation the functions assigned to it in the present Charter, the General
Assembly shall not make any recommendation with regard to that dispute
or situation unless the Security Council so requests.
2. The Secretary-General, with the consent of the Security Council,
shall notify the General Assembly at each session of any matters relative
to the maintenance of international peace and security which are being
dealt with by the Security Council and shall similarly notify the General
Assembly, or the Members of the United Nations if the General Assembly
is not in session, immediately the Security Council ceases to deal with
such matters.
Article 13
1. The General Assembly shall initiate studies and make recommendations
for the purpose of:
a. promoting international co-operation in the political field and encouraging
the progressive development of international law and its codification;
b. promoting international co-operation in the economic, social, cultural,
educational, and health fields, and assisting in the realization of human
rights and fundamental freedoms for all without distinction as to race,
sex, language, or religion.
2. The further responsibilities, functions and powers of the General
Assembly with respect to matters mentioned in paragraph 1 (b) above are
set forth in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly may recommend
measures for the peaceful adjustment of any situation, regardless of origin,
which it deems likely to impair the general welfare or friendly relations
among nations, including situations resulting from a violation of the provisions
of the present Charter setting forth the Purposes and Principles of the
United Nations.
Article 15
1. The General Assembly shall receive and consider annual and special
reports from the Security Council; these reports shall include an account
of the measures that the Security Council has decided upon or taken to
maintain international peace and security.
2. The General Assembly shall receive and consider reports from the
other organs of the United Nations.
Article 16
The General Assembly shall perform such functions with respect to the
international trusteeship system as are assigned to it under Chapters XII
and XIII, including the approval of the trusteeship agreements for areas
not designated as strategic.
Article 17
1. The General Assembly shall consider and approve the budget of the
Organization.
2. The expenses of the Organization shall be borne by the Members as
apportioned by the General Assembly.
3. The General Assembly shall consider and approve any financial and
budgetary arrangements with specialized agencies referred to in Article
57 and shall examine the administrative budgets of such specialized agencies
with a view to making recommendations to the agencies concerned.
VOTING
Article 18
1. Each member of the General Assembly shall have one vote.
2. Decisions of the General Assembly on important questions shall be
made by a two-thirds majority of the members present and voting. These
questions shall include: recommendations with respect to the maintenance
of international peace and security, the election of the non-permanent
members of the Security Council, the election of the members of the Economic
and Social Council, the election of members of the Trusteeship Council
in accordance with paragraph 1 (c) of Article 86, the admission of new
Members to the United Nations, the suspension of the rights and privileges
of membership, the expulsion of Members, questions relating to the operation
of the trusteeship system, and budgetary questions.
3. Decisions on other questions, including the determination of additional
categories of questions to be decided by a two-thirds majority, shall be
made by a majority of the members present and voting.
Article 19
A Member of the United Nations which is in arrears in the payment of
its financial contributions to the Organization shall have no vote in the
General Assembly if the amount of its arrears equals or exceeds the amount
of the contributions due from it for the preceding two full years. The
General Assembly may, nevertheless, permit such a Member to vote if it
is satisfied that the failure to pay is due to conditions beyond the control
of the Member.
PROCEDURE
Article 20
The General Assembly shall meet in regular annual sessions and in such
special sessions as occasion may require. Special sessions shall be convoked
by the Secretary-General at the request of the Security Council or of a
majority of the Members of the United Nations.
Article 21
The General Assembly shall adopt its own rules of procedure. It shall
elect its President for each session.
Article 22
The General Assembly may establish such subsidiary organs as it deems
necessary for the performance of its functions.
CHAPTER V: THE SECURITY COUNCIL
COMPOSITION
Article 23
1. The Security Council shall consist of fifteen Members of the United
Nations. The Republic of China, France, the Union of Soviet Socialist Republics,
the United Kingdom of Great Britain and Northern Ireland, and the United
States of America shall be permanent members of the Security Council. The
General Assembly shall elect ten other Members of the United Nations to
be non-permanent members of the Security Council, due regard being specially
paid, in the first instance to the contribution of Members of the United
Nations to the maintenance of international peace and security and to the
other purposes of the Organization, and also to equitable geographical
distribution.
2. The non-permanent members of the Security Council shall be elected
for a term of two years. In the first election of the non-permanent members
after the increase of the membership of the Security Council from eleven
to fifteen, two of the four additional members shall be chosen for a term
of one year. A retiring member shall not be eligible for immediate re-election.
3. Each member of the Security Council shall have one representative.
FUNCTIONS AND POWERS
Article 24
1. In order to ensure prompt and effective action by the United Nations,
its Members confer on the Security Council primary responsibility for the
maintenance of international peace and security, and agree that in carrying
out its duties under this responsibility the Security Council acts on their
behalf.
2. In discharging these duties the Security Council shall act in accordance
with the Purposes and Principles of the United Nations. The specific powers
granted to the Security Council for the discharge of these duties are laid
down in Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit annual and, when necessary, special
reports to the General Assembly for its consideration.
Article 25
The Members of the United Nations agree to accept and carry out the
decisions of the Security Council in accordance with the present Charter.
Article 26
In order to promote the establishment and maintenance of international
peace and security with the least diversion for armaments of the world's
human and economic resources, the Security Council shall be responsible
for formulating, with the assistance of the Military Staff Committee referred
to in Article 47, plans to be submitted to the Members of the United Nations
for the establishment of a system for the regulation of armaments.
VOTING
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be
made by an affirmative vote of nine members.
3. Decisions of the Security Council on all other matters shall be made
by an affirmative vote of nine members including the concurring votes of
the permanent members; provided that, in decisions under Chapter VI, and
under paragraph 3 of Article 52, a party to a dispute shall abstain from
voting.
PROCEDURE
Article 28
1. The Security Council shall be so organized as to be able to function
continuously. Each member of the Security Council shall for this purpose
be represented at all times at the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of
its members may, if it so desires, be represented by a member of the government
or by some other specially designated representative.
3. The Security Council may hold meetings at such places other than
the seat of the Organization as in its judgement will best facilitate its
work.
Article 29
The Security Council may establish such subsidiary organs as it deems
necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure, including
the method of selecting its President.
Article 31
Any Member of the United Nations which is not a member of the Security
Council may participate, without vote, in the discussion of any question
brought before the Security Council whenever the latter considers that
the interests of that Member are specially affected.
Article 32
Any Member of the United Nations which is not a member of the Security
Council or any state which is not a Member of the United Nations, if it
is a party to a dispute under consideration by the Security Council, shall
be invited to participate, without vote, in the discussion relating to
the dispute. The Security Council shall lay down such conditions as it
deems just for the participation of a state which is not a Member of the
United Nations.
CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES
Article 33
1. The parties to any dispute, the continuance of which is likely to
endanger the maintenance of international peace and security, shall, first
of all, seek a solution by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or arrangements,
or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the
parties to settle their dispute by such means.
Article 34
The Security Council may investigate any dispute, or any situation which
might lead to international friction or give rise to a dispute, in order
to determine whether the continuance of the dispute or situation is likely
to endanger the maintenance of international peace and security.
Article 35
1. Any Member of the United Nations may bring any dispute, or any situation
of the nature referred to in Article 34, to the attention of the Security
Council or of the General Assembly.
2. A state which is not a Member of the United Nations may bring to
the attention of the Security Council or of the General Assembly any dispute
to which it is a party if it accepts in advance, for the purposes of the
dispute, the obligations of pacific settlement provided in the present
Charter.
3. The proceedings of the General Assembly in respect of matters brought
to its attention under this Article will be subject to the provisions of
Articles 11 and 12.
Article 36
1. The Security Council may, at any stage of a dispute of the nature
referred to in Article 33 or of a situation of like nature, recommend appropriate
procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures
for the settlement of the dispute which have already been adopted by the
parties.
3. In making recommendations under this Article the Security Council
should also take into consideration that legal disputes should as a general
rule be referred by the parties to the International Court of Justice in
accordance with the provisions of the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature referred to in Article
33 fail to settle it by the means indicated in that Article, they shall
refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute
is in fact likely to endanger the maintenance of international peace and
security, it shall decide whether to take action under Article 36 or to
recommend such terms of settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security
Council may, if all the parties to any dispute so request, make recommendations
to the parties with a view to a pacific settlement of the dispute.
CHAPTER VII: ACTIONS WITH RESPECT TO THREATS TO THE PEACE, BREACHES
OF THE PEACE, AND ACTS OF AGGRESSION
Article 39
The Security Council shall determine the existence of any threat to
the peace, breach of the peace, or act of aggression and shall make recommendations,
or decide what measures shall be taken in accordance with Articles 41 and
42, to maintain or restore international peace and security.
Article 40
In order to prevent an aggravation of the situation, the Security Council
may, before making the recommendations or deciding upon the measures provided
for in Article 39, call upon the parties concerned to comply with such
provisional measures as it deems necessary or desirable. Such provisional
measures shall be without prejudice to the rights, claims, or position
of the parties concerned. The Security Council shall duly take account
of failure to comply with such provisional measures.
Article 41
The Security Council may decide what measures not involving the use
of armed force are to be employed to give effect to its decisions, and
it may call upon the Members of the United Nations to apply such measures.
These may include complete or partial interruption of economic relations
and of rail, sea, air, postal, telegraphic, radio, and other means of communication,
and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided for in Article
41 would be inadequate or have proved to be inadequate, it may take such
action by air, sea, or land forces as may be necessary to maintain or restore
international peace and security. Such action may include demonstrations,
blockade, and other operations by air, sea, or land forces of Members of
the United Nations.
Article 43
1. All Members of the United Nations, in order to contribute to the
maintenance of international peace and security, undertake to make available
to the Security Council on its call and in accordance with a special agreement
or agreements, armed forces, assistance, and facilities, including rights
of passage, necessary for the purpose of maintaining international peace
and security.
2. Such agreement or agreements shall govern the numbers and types of
forces, their degree of readiness and general location, and the nature
of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible
on the initiative of the Security Council. They shall be concluded between
the Security Council and Members or between the Security Council and groups
of Members and shall be subject to ratification by the signatory states
in accordance with their respective constitutional processes.
Article 44
When the Security Council has decided to use force it shall, before
calling upon a Member not represented on it to provide armed forces in
fulfilment of the obligations assumed under Article 43, invite that Member,
if the Member so desires, to participate in the decisions of the Security
Council concerning the employment of contingents of that Member's armed
forces.
Article 45
In order to enable the United Nations to take urgent military measures,
Members shall hold immediately available national air-force contingents
for combined international enforcement action. The strength and degree
of readiness of these contingents and plans for their combined action shall
be determined within the limits laid down in the special agreement or agreements
referred to in Article 43, by the Security Council with the assistance
of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by the Security
Council with the assistance of the Military Staff Committee.
Article 47
1. There shall be established a Military Staff Committee to advise and
assist the Security Council on all questions relating to the Security Council's
military requirements for the maintenance of international peace and security,
the employment and command of forces placed at its disposal, the regulation
of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff
of the permanent members of the Security Council or their representatives.
Any Member of the United Nations not permanently represented on the Committee
shall be invited by the Committee to be associated with it when the efficient
discharge of the Committee's responsibilities requires the participation
of that Member in its work.
3. The Military Staff Committee shall be responsible under the Security
Council for the strategic direction of any armed forces placed at the disposal
of the Security Council. Questions relating to the command of such forces
shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security
Council and after consultation with appropriate regional agencies, may
establish regional sub-committees.
Article 48
1. The action required to carry out the decisions of the Security Council
for the maintenance of international peace and security shall be taken
by all the Members of the United Nations or by some of them, as the Security
Council may determine.
2. Such decisions shall be carried out by the Members of the United
Nations directly and through their action in the appropriate international
agencies of which they remembers.
Article 49
The Members of the United Nations shall join in affording mutual assistance
in carrying out the measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any state are taken by
the Security Council, any other state, whether a Member of the United Nations
or not, which finds itself confronted with special economic problems arising
from the carrying out of those measures shall have the right to consult
the Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent right of individual
or collective self-defence if an armed attack occurs against a Member of
the United Nations, until the Security Council has taken measures necessary
to maintain international peace and security. Measures taken by Members
in the exercise of this right of self-defence shall be immediately reported
to the Security Council and shall not in any way affect the authority and
responsibility of the Security Council under the present Charter to take
at any time such action as it deems necessary in order to maintain or restore
international peace and security.
CHAPTER VIII: REGIONAL ARRANGEMENTS
Article 52
1. Nothing in the present Charter precludes the existence of regional
arrangements or agencies for dealing with such matters relating to the
maintenance of international peace and security as are appropriate for
regional action provided that such arrangements or agencies and their activities
are consistent with the Purposes and Principles of the United Nations.
2. The Members of the United Nations entering into such arrangements
or constituting such agencies shall make every effort to achieve pacific
settlement of local disputes through such regional arrangements or by such
regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement
of local disputes through such regional arrangements or by such regional
agencies either on the initiative of the states concerned or by reference
from the Security Council.
4. This Article in no way impairs the application of Articles 34 and
35.
Article 53
1. The Security Council shall, where appropriate, utilize such regional
arrangements or agencies for enforcement action under its authority. But
no enforcement action shall be taken under regional arrangements or by
regional agencies without the authorization of the Security Council, with
the exception of measures against any enemy state, as defined in paragraph
2 of this Article, provided for pursuant to Article 107 or in regional
arrangements directed against renewal of aggressive policy on the part
of any such state, until such time as the Organization may, on request
of the Governments concerned, be charged with the responsibility for preventing
further aggression by such a state.
2. The term enemy state as used in paragraph 1 of this Article applies
to any state which during the Second World War has been an enemy of any
signatory of the present Charter.
Article 54
The Security Council shall at all times be kept fully informed of activities
undertaken or in contemplation under regional arrangements or by regional
agencies for the maintenance of international peace and security.
CHAPTER IX: INTERNATIONAL ECONOMIC AND SOCIAL COOPERATION
Article 55
With a view to the creation of conditions of stability and well-being
which are necessary for peaceful and friendly relations among nations based
on respect for the principle of equal rights and self-determination of
peoples, the United Nations shall promote:
a. higher standards of living, full employment, and conditions of economic
and social progress and development;
b. solutions of international economic, social, health, and related
problems; and international cultural and educational cooperation; and
c. universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion.
Article 56
All Members pledge themselves to take joint and separate action in co-operation
with the Organization for the achievement of the purposes set forth in
Article 55.
Article 57
1. The various specialized agencies, established by intergovernmental
agreement and having wide international responsibilities, as defined in
their basic instruments, in economic, social, cultural, educational, health,
and related fields, shall be brought into relationship with the United
Nations in accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship with the United Nations
are hereinafter referred to as specialized agencies.
Article 58
The Organization shall make recommendations for the co-ordination of
the policies and activities of the specialized agencies.
Article 59
The Organization shall, where appropriate, initiate negotiations among
the states concerned for the creation of any new specialized agencies required
for the accomplishment of the purposes set forth in Article 55.
Article 60
Responsibility for the discharge of the functions of the Organization
set forth in this Chapter shall be vested in the General Assembly and,
under the authority of the General Assembly, in the Economic and Social
Council, which shall have for this purpose the powers set forth in Chapter
X.
CHAPTER X: THE ECONOMIC AND SOCIAL COUNCIL
COMPOSITION
Article 61
1. The Economic and Social Council shall consist of fifty-four Members
of the United Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3, eighteen members of the
Economic and Social Council shall be elected each year for a term of three
years. A retiring member shall be eligible for immediate re-election.
3. At the first election after the increase in the membership of the
Economic and Social Council from twenty-seven to fifty-four members, in
addition to the members elected in place of the nine members whose term
of office expires at the end of that year, twenty-seven additional members
shall be elected. Of these twenty-seven additional members, the term of
office of nine members so elected shall expire at the end of one year,
and of nine other members at the end of two years, in accordance with arrangements
made by the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.
FUNCTIONS AND POWERS
Article 62
1. The Economic and Social Council may make or initiate studies and
reports with respect to international economic, social, cultural, educational,
health, and related matters and may make recommendations with respect to
any such matters to the General Assembly to the Members of the United Nations,
and to the specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect
for, and observance of, human rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly,
with respect to matters falling within its competence.
4. It may call, in accordance with the rules prescribed by the United
Nations, international conferences on matters falling within its competence.
Article 63
1. The Economic and Social Council may enter into agreements with any
of the agencies referred to in Article 57, defining the terms on which
the agency concerned shall be brought into relationship with the United
Nations. Such agreements shall be subject to approval by the General Assembly.
2. It may co-ordinate the activities of the specialized agencies through
consultation with and recommendations to such agencies and through recommendations
to the General Assembly and to the Members of the United Nations.
Article 64
1. The Economic and Social Council may take appropriate steps to obtain
regular reports from the specialized agencies. It may make arrangements
with the Members of the United Nations and with the specialized agencies
to obtain reports on the steps taken to give effect to its own recommendations
and to recommendations on matters falling within its competence made by
the General Assembly.
2. It may communicate its observations on these reports to the General
Assembly.
Article 65
The Economic and Social Council may furnish information to the Security
Council and shall assist the Security Council upon its request.
Article 66
1. The Economic and Social Council shall perform such functions as fall
within its competence in connexion with the carrying out of the recommendations
of the General Assembly.
2. It may, with the approval of the General Assembly, perform services
at the request of Members of the United Nations and at the request of specialized
agencies.
3. It shall perform such other functions as are specified elsewhere
in the present Charter or as may be assigned to it by the General Assembly.
VOTING
Article 67
1. Each member of the Economic and Social Council shall have one vote.
2. Decisions of the Economic and Social Council shall be made by a majority
of the members present and voting.
PROCEDURE
Article 68
The Economic and Social Council shall set up commissions in economic
and social fields and for the promotion of human rights, and such other
commissions as may be required for the performance of its functions.
Article 69
The Economic and Social Council shall invite any Member of the United
Nations to participate, without vote, in its deliberations on any matter
of particular concern to that Member.
Article 70
The Economic and Social Council may make arrangements for representatives
of the specialized agencies to participate, without vote, in its deliberations
and in those of the commissions established by it, and for its representatives
to participate in the deliberations of the specialized agencies.
Article 71
The Economic and Social Council may make suitable arrangements for consultation
with non-governmental organizations which are concerned with matters within
its competence. Such arrangements may be made with international organizations
and, where appropriate, with national organizations after consultation
with the Member of the United Nations concerned.
Article 72
1. The Economic and Social Council shall adopt its own rules of procedure,
including the method of selecting its President.
2. The Economic and Social Council shall meet as required in accordance
with its rules, which shall include provision for the convening of meetings
on the request of a majority of its members.
CHAPTER XI: DECLARATION REGARDING NON-SELF GOVERNING TERRITORIES
Article 73
Members of the United Nations which have or assume responsibilities
for the administration of territories whose peoples have not yet attained
a full measure of self-government recognize the principle that the interests
of the inhabitants of these territories are paramount, and accept as a
sacred trust the obligation to promote to the utmost, within the system
of international peace and security established by the present Charter,
the well-being of the inhabitants of these territories, and, to this end:
a. to ensure, with due respect for the culture of the peoples concerned,
their political, economic, social, and educational advancement, their just
treatment, and their protection against abuses;
b. to develop self-government, to take due account of the political
aspirations of the peoples, and to assist them in the progressive development
of their free political institutions, according to the particular circumstances
of each territory and its peoples and their varying stages of advancement;
c. to further international peace and security;
d. to promote constructive measures of development, to encourage research,
and to co-operate with one another and, when and where appropriate, with
specialized international bodies with a view to the practical achievement
of the social, economic, and scientific purposes set forth in this Article;
and
e. to transmit regularly to the Secretary-General for information purposes,
subject to such limitation as security and constitutional considerations
may require, statistical and other information of a technical nature relating
to economic, social, and educational conditions in the territories for
which they are respectively responsible other than those territories to
which Chapters XII and XIII apply.
Article 74
Members of the United Nations also agree that their policy in respect
of the territories to which this Chapter applies, no less than in respect
of their metropolitan areas, must be based on the general principle of
good-neighbourliness, due account being taken of the interests and well-being
of the rest of the world, in social, economic, and commercial matters.
CHAPTER XII: INTERNATIONAL TRUSTEESHIP SYSTEM
Article 75
The United Nations shall establish under its authority an international
trusteeship system for the administration and supervision of such territories
as may be placed thereunder by subsequent individual agreements. These
territories are hereinafter referred to as trust territories.
Article 76
The basic objectives of the trusteeship system, in accordance with the
Purposes of the United Nations laid down in Article 1 of the present Charter,
shall be:
a. to further international peace and security;
b. to promote the political, economic, social, and educational advancement
of the inhabitants of the trust territories, and their progressive development
towards self-government or independence as may be appropriate to the particular
circumstances of each territory and its peoples and the freely expressed
wishes of the peoples concerned, and as may be provided by the terms of
each trusteeship agreement;
c. to encourage respect for human rights and for fundamental freedoms
for all without distinction as to race, sex, language, or religion, and
to encourage recognition of the interdependence of the peoples of the world;
and
d. to ensure equal treatment in social, economic, and commercial matters
for all Members of the United Nations and their nationals, and also equal
treatment for the latter in the administration of justice, without prejudice
to the attainment of the foregoing objectives and subject to the provisions
of Article 80.
Article 77
1. The trusteeship system shall apply to such territories in the following
categories as may be placed thereunder by means of trusteeship agreements:
a. territories now held under mandate;
b. territories which may be detached from enemy states as a result of
the Second World War; and
c. territories voluntarily placed under the system by states responsible
for their administration.
2. It will be a matter for subsequent agreement as to which territories
in the foregoing categories will be brought under the trusteeship system
and upon what terms.
Article 78
The trusteeship system shall not apply to territories which have become
Members of the United Nations, relationship among which shall be based
on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be placed under the trusteeship
system, including any alteration or amendment, shall be agreed upon by
the states directly concerned, including the mandatory power in the case
of territories held under mandate by a Member of the United Nations, and
shall be approved as provided for in Articles 83 and 85.
Article 80
1. Except as may be agreed upon in individual trusteeship agreements,
made under Articles 77, 79, and 81, placing each territory under the trusteeship
system, and until such agreements have been concluded, nothing in this
Chapter shall be construed in or of itself to alter in any manner the rights
whatsoever of any states or any peoples or the terms of existing international
instruments to which Members of the United Nations may respectively be
parties.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds
for delay or postponement of the negotiation and conclusion of agreements
for placing mandated and other territories under the trusteeship system
as provided for in Article 77.
Article 81
The trusteeship agreement shall in each case include the terms under
which the trust territory will be administered and designate the authority
which will exercise the administration of the trust territory. Such authority,
hereinafter called the administering authority, may be one or more states
or the Organization itself.
Article 82
There may be designated, in any trusteeship agreement, a strategic area
or areas which may include part or all of the trust territory to which
the agreement applies, without prejudice to any special agreement or agreements
made under Article 43.
Article 83
1. All functions of the United Nations relating to strategic areas,
including the approval of the terms of the trusteeship agreements and of
their alteration or amendment shall be exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable
to the people of each strategic area.
3. The Security Council shall, subject to the provisions of the trusteeship
agreements and without prejudice to security considerations, avail itself
of the assistance of the Trusteeship Council to perform those functions
of the United Nations under the trusteeship system relating to political,
economic, social, and educational matters in the strategic areas.
Article 84
It shall be the duty of the administering authority to ensure that the
trust territory shall play its part in the maintenance of international
peace and security. To this end the administering authority may make use
of volunteer forces, facilities, and assistance from the trust territory
in carrying out the obligations towards the Security Council undertaken
in this regard by the administering authority, as well as for local defence
and the maintenance of law and order within the trust territory.
Article 85
1. The functions of the United Nations with regard to trusteeship agreements
for all areas not designated as strategic, including the approval of the
terms of the trusteeship agreements and of their alteration or amendment,
shall be exercised by the General Assembly.
2. The Trusteeship Council, operating under the authority of the General
Assembly shall assist the General Assembly in carrying out these functions.
CHAPTER XIII: THE TRUSTEESHIP COUNCIL
COMPOSITION
Article 86
1. The Trusteeship Council shall consist of the following Members of
the United Nations:
a. those Members administering trust territories;
b. such of those Members mentioned by name in Article 23 as are not
administering trust territories; and
c. as many other Members elected for three-year terms by the General
Assembly as may be necessary to ensure that the total number of members
of the Trusteeship Council is equally divided between those Members of
the United Nations which administer trust territories and those which do
not.
2. Each member of the Trusteeship Council shall designate one specially
qualified person to represent it therein.
FUNCTIONS AND POWERS
Article 87
The General Assembly and, under its authority, the Trusteeship Council,
in carrying out their functions, may:
a. consider reports submitted by the administering authority;
b. accept petitions and examine them in consultation with the administering
authority;
c. provide for periodic visits to the respective trust territories at
times agreed upon with the administering authority; and
d. take these and other actions in conformity with the terms of the
trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a questionnaire on the political,
economic, social, and educational advancement of the inhabitants of each
trust territory, and the administering authority for each trust territory
within the competence of the General Assembly shall make an annual report
to the General Assembly upon the basis of such questionnaire.
VOTING
Article 89
1. Each member of the Trusteeship Council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a majority
of the members present and voting.
PROCEDURE
Article 90
1. The Trusteeship Council shall adopt its own rules of procedure, including
the method of selecting its President.
2. The Trusteeship Council shall meet as required in accordance with
its rules, which shall include provision for the convening of meetings
on the request of a majority of its members.
Article 91
The Trusteeship Council shall, when appropriate, avail itself of the
assistance of the Economic and Social Council and of the specialized agencies
in regard to matters with which they are respectively concerned.
CHAPTER XIV: THE INTERNATIONAL COURT OF JUSTICE
Article 92
The International Court of Justice shall be the principal judicial organ
of the United Nations. It shall function in accordance with the annexed
Statute, which is based upon the Statute of the Permanent Court of International
Justice and forms an integral part of the present Charter.
Article 93
1. All Members of the United Nations are ipso facto parties to the Statute
of the International Court of Justice.
2. A state which is not a Member of the United Nations may become a
party to the Statute of the International Court of Justice on conditions
to be determined in each case by the General Assembly upon the recommendation
of the Security Council.
Article 94
1. Each Member of the United Nations undertakes to comply with the decision
of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent
upon it under a judgement rendered by the Court, the other party may have
recourse to the Security Council, which may, if it deems necessary, make
recommendations or decide upon measures to be taken to give effect to the
judgement.
Article 95
Nothing in the present Charter shall prevent Members of the United Nations
from entrusting the solution of their differences to other tribunals by
virtue of agreements already in existence or which may be concluded in
the future.
Article 96
1. The General Assembly or the Security Council may request the International
Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which
may at any time be so authorized by the General Assembly, may also request
advisory opinions of the Court on legal questions arising within the scope
of their activities.
CHAPTER XV: THE SECRETARIAT
Article 97
The Secretariat shall comprise a Secretary-General and such staff as
the Organization may require. The Secretary-General shall be appointed
by the General Assembly upon the recommendation of the Security Council.
He shall be the chief administrative officer of the Organization.
Article 98
The Secretary-General shall act in that capacity in all meetings of
the General Assembly, of the Security Council, of the Economic and Social
Council, and of the Trusteeship Council, and shall perform such other functions
as are entrusted to him by these organs. The Secretary-General shall make
an annual report to the General Assembly on the work of the Organization.
Article 99
The Secretary-General may bring to the attention of the Security Council
any matter which in his opinion may threaten the maintenance of international
peace and security.
Article 100
1. In the performance of their duties the Secretary-General and the
staff shall not seek or receive instructions from any government or from
any other authority external to the Organization. They shall refrain from
any action which might reflect on their position as international officials
responsible only to the Organization.
2. Each Member of the United Nations undertakes to respect the exclusively
international character of the responsibilities of the Secretary-General
and the staff and not to seek to influence them in the discharge of their
responsibilities.
Article 101
1. The staff shall be appointed by the Secretary-General under regulations
established by the General Assembly.
2. Appropriate staffs shall be permanently assigned to the Economic
and Social Council, the Trusteeship Council, and, as required, to other
organs of the United Nations. These staffs shall form a part of the Secretariat.
3. The paramount consideration in the employment of the staff and in
the determination of the conditions of service shall be the necessity of
securing the highest standards of efficiency, competence, and integrity.
Due regard shall be paid to the importance of recruiting the staff on as
wide a geographical basis as possible.
CHAPTER XVI: MISCELLANEOUS PROVISION
Article 102
1. Every treaty and every international agreement entered into by any
Member of the United Nations after the present Charter comes into force
shall as soon as possible be registered with the Secretariat and published
by it.
2. No party to any such treaty or international agreement which has
not been registered in accordance with the provisions of paragraph 1 of
this Article may invoke that treaty or agreement before any organ of the
United Nations.
Article 103
In the event of a conflict between the obligations of the Members of
the United Nations under the present Charter and their obligations under
any other international agreement, their obligations under the present
Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of each of its Members
such legal capacity as may be necessary for the exercise of its functions
and the fulfilment of its purposes.
Article 105
1. The Organization shall enjoy in the territory of each of its Members
such privileges and immunities as are necessary for the fulfilment of its
purposes.
2. Representatives of the Members of the United Nations and officials
of the Organization shall similarly enjoy such privileges and immunities
as are necessary for the independent exercise of their functions in connection
with the Organization.
3. The General Assembly may make recommendations with a view to determining
the details of the application of paragraphs 1 and 2 of this Article or
may propose conventions to the Members of the United Nations for this purpose.
CHAPTER XVII: TRANSITIONAL SECURITY ARRANGEMENTS
Article 106
Pending the coming into force of such special agreements referred to
in Article 43 as in the opinion of the Security Council enable it to begin
the exercise of its responsibilities under Article 42, the parties to the
Four-Nation Declaration, signed at Moscow, 30 October 1943, and France,
shall, in accordance with the provisions of paragraph 5 of that Declaration,
consult with one another and as occasion requires with other Members of
the United Nations with a view to such joint action on behalf of the Organization
as may be necessary for the purpose of maintaining international peace
and security.
Article 107
Nothing in the present Charter shall invalidate or preclude action,
in relation to any state which during the Second World War has been an
enemy of any signatory to the present Charter, taken or authorized as a
result of that war by the Governments having responsibility for such action.
CHAPTER XVIII: AMENDMENTS
Article 108
Amendments to the present Charter shall come into force for all Members
of the United Nations when they have been adopted by a vote of two thirds
of the members of the General Assembly and ratified in accordance with
their respective constitutional processes by two thirds of the Members
of the United Nations, including all the permanent members of the Security
Council.
Article 109
1. A General Conference of the Members of the United Nations for the
purpose of reviewing the present Charter may be held at a date and place
to be fixed by a two-thirds vote of the members of the General Assembly
and by a vote of any nine members of the Security Council. Each Member
of the United Nations shall have one vote in the conference.
2. Any alteration of the present Charter recommended by a two-thirds
vote of the conference shall take effect when ratified in accordance with
their respective constitutional processes by two thirds of the Members
of the United Nations including all the permanent members of the Security
Council.
3. If such a conference has not been held before the tenth annual session
of the General Assembly following the coming into force of the present
Charter, the proposal to call such a conference shall be placed on the
agenda of that session of the General Assembly, and the conference shall
be held if so decided by a majority vote of the members of the General
Assembly and by a vote of any seven members of the Security Council.
CHAPTER XIX: RATIFICATION AND SIGNATURE
Article 110
1. The present Charter shall be ratified by the signatory states in
accordance with their respective constitutional processes.
2. The ratifications shall be deposited with the Government of the United
States of America, which shall notify all the signatory states of each
deposit as well as the Secretary-General of the Organization when he has
been appointed.
3. The present Charter shall come into force upon the deposit of ratifications
by the Republic of China, France, the Union of Soviet Socialist Republics,
the United Kingdom of Great Britain and Northern Ireland. and the United
States of America, and by a majority of the other signatory states. A protocol
of the ratifications deposited shall thereupon be drawn up by the Government
of the United States of America which shall communicate copies thereof
to all the signatory states.
4. The states signatory to the present Charter which ratify it after
it has come into force will become original Members of the United Nations
on the date of the deposit of their respective ratifications.
Article 111
The present Charter, of which the Chinese, French, Russian, English,
and Spanish texts are equally authentic, shall remain deposited in the
archives of the Government of the United States of America. Duly certified
copies thereof shall be transmitted by that Government to the Governments
of the other signatory states.
IN FAITH WHEREOF the representatives of the Governments of the United
Nations have signed the present Charter.
DONE at the city of San Francisco the twenty-sixth day of June, one
thousand nine hundred and forty-five.