Monday, October 31, 2011

  • Monday, October 31, 2011
  • Elder of Ziyon
As was obvious, UNESCO voted to admit a fictitious state:
Palestinians won a crucial vote to enter UNESCO as a full member on Monday, scoring a symbolic victory in their battle for statehood ahead of a similar vote at the UN General Assembly in New York.

"The general assembly decides to admit Palestine as a member of UNESCO," said the resolution adopted by 107 countries, with 14 voting against and 52 abstaining.

"This vote will help erase a tiny part of the injustice done to the Palestinian people," Palestinian foreign minister Riyad al-Malki told the assembly as the vote took place.

France, which had voiced serious doubts about the motion, approved it along with almost all Arab, African, Latin American and Asian nations, including China and India.

Israel, the United States, Canada, Australia and Germany voted against, while Japan and Britain abstained.

The United States and Israel are set now to withdraw their funding from the UN cultural body, while other UN agencies may have to debate the thorny issue.
So will US funds be stopped? HuffPo wrote up what looks like a comprehensive description of the legal issues involved.

Back in the earliest days of the peace process, when Congress was not entirely behind White House efforts related to Madrid (and subsequently Oslo), Congress passed a number of pieces of legislation intended to block normalization of Palestinian relations and activities in the international community. These included the following provision of law -- which notably does not include authority for the president to waive the requirements of the law, even in cases where vital U.S. national security interests are at stake.

22 USC 287e as amended by PL 101-246


(a) PROHIBITION- No funds authorized to be appropriated by this Act or any other Act shall be available for the United Nations or any specialized agency thereof which accords the Palestine Liberation Organization the same standing as member states.

(b) TRANSFER OR REPROGRAMMING- Funds subject to the prohibition contained in subsection (a) which would be available for the United Nations or any specialized agency thereof (but for that prohibition) are authorized to remain available until expended and may be reprogrammed or transferred to any other account of the Department of State or the Agency for International Development to carry out the general purposes for which such funds were authorized.

A few observations are in order.

First, if UNESCO were to upgrade the PLO's status, but not to a point that gave the PLO equal status (in terms of rights/privileges) to member states, 22 USC 287e would not apply.

Second, even if UNESCO were to upgrade the PLO's status to the same as a member State, Congress is not simply the helpless victim of a law passed 21 years ago during a much different era. If members of 112th Congress wanted to, they could pass new legislation to amend this 22 USC 287e to avoid a cut-off in funds.

Third, the chances of the 112th Congress amending 22 USC 287e to avoid a crisis at the UN are low to non-existent, despite the fact that cutting off funding to UNESCO and other UN agencies would clearly be detrimental to U.S. interests.

...Fifth, even if UNESCO and the Palestinians were to come to some agreement on an upgrade of status short of a status comparable to a member state (thus avoiding sanctions under 22 USC 287e), Congress would likely act to strengthen U.S. law to ensure that even in such a case, U.S. sanctions would apply....

And finally, it should be emphasized that the U.S. funding for UNESCO that is at issue here includes funding from the United States' assessed contributions to the UN, as opposed to voluntary contributions to UNESCO. This means that if Congress and the White House determine that under the current (or some future) law, funding to UNESCO (or later on WIPO, or the IAEA) must be cut off due to that organization's treatment of the Palestinians, the U.S. will not only be removing itself from participation in a key international body, but will be in violation of its treaty obligations with respect to UN funding.
I cannot imagine that the White House will not find a way around this, but it is a stickier situation than it first appeared.

UPDATE: The US announced it stopped funding UNESCO:
The United States said on Monday it had stopped funding UNESCO, the UN cultural agency, following its vote to grant the Palestinians full membership.

US State Department spokeswoman Victoria Nuland told reporters the United States had no choice but to halt funding because of longstanding US law, saying Washington would not make a planned $60 million transfer that was due in November. (Reuters)

EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz




follow me

Follow by Email


Elder: elder -at- elderofziyon dot com
Mrs. Elder: mrs.elder -at-



For $18 donation

Sample Text

EoZ's Most Popular Posts Ever


Elder of Ziyon - حـكـيـم صـهـيـون

This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 12 years and over 25,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.


Donate to fight for Israel!

Monthly subscription:
Payment options

One time donation:

subscribe via email

Follow EoZ on Twitter!



The Jerusalem Report:"A seemingly indefatigable one-man operation, armed only with a computer, chutzpa and stamina."

Algemeiner: "Fiercely intelligent and erudite"

Omri: "Elder is one of the best established and most respected members of the jblogosphere..."
Atheist Jew:"Elder of Ziyon probably had the greatest impression on me..."
Soccer Dad: "He undertakes the important task of making sure that his readers learn from history."
AbbaGav: "A truly exceptional blog..."
Judeopundit: "[A] venerable blog-pioneer and beloved patriarchal figure...his blog is indispensable."
Oleh Musings: "The most comprehensive Zionist blog I have seen."
Carl in Jerusalem: "...probably the most under-recognized blog in the JBlogsphere as far as I am concerned."
Aussie Dave: "King of the auto-translation."
The Israel Situation:The Elder manages to write so many great, investigative posts that I am often looking to him for important news on the PalArab (his term for Palestinian Arab) side of things."
Tikun Olam: "Either you are carelessly ignorant or a willful liar and distorter of the truth. Either way, it makes you one mean SOB."
Mondoweiss commenter: "For virulent pro-Zionism (and plain straightforward lies of course) there is nothing much to beat it."
Didi Remez: "Leading wingnut"

Interesting Blogs


Abbas liar Academic fraud administrivia al-Qaeda algeria American Jews Amnesty analysis anti-semitism apartheid arab refugees Arafat archaeology art ASHREI B'tselem bahrain bbc BDS BDSFail Bedouin Beitunia beoz book review breaking the silence Cardozo Chanukah Christians conspiracy theories Cyprus Daphne Anson Davis report DCI-P double standards Egypt Elder gets results ElderToons Electronic Intifada EoZNews eoztv Erekat EU Euro-Mid Observer Fake Civilians 2014 Fatah featured Features fisking flotilla Forest Rain free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian gunness Haaretz hamas Hamas war crimes hasbara Hasby 2014 Hasby 2016 Hebron helen thomas hezbollah history Hizballah Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor Hypocrisy ICRC Ilan Pappe impossible peace incitement Indonesia international law intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter John Kerry jokes jonathan cook Jordan Juan Cole Judaism Judea-Samaria Kairos Karl Vick ken roth khalid amayreh Khaybar Lebanon leftists Linkdump lumish mahmoud zahar Malaysia max blumenthal McGraw-Hill media bias Methodist Miftah Mohammed Assaf Mondoweiss moonbats Morocco music Muslim Brotherhood Nakba Natural gas Nazi News nftp NGO NIF norpac NYT Occupation offbeat Omar Barghouti Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peter Beinart Petra MB poll Poster Preoccupied Prisoners propaganda Proud to be Zionist purimshpiel Qaradawi Qassam calendar Rafah Ray Hanania real liberals reference Richard Falk rogel alpher roger cohen roger waters Saudi Arabia saudi vice self-death self-death palestinians sex crimes SFSU shechita sheikh tamimi Shujaiyeh Simona Sharoni SodaStream South Africa Speech stamps Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman Tunisia Turkey UCI UK UN UNDP unesco unhrc United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA Varda Vic Rosenthal Washington wikileaks work accident X-washing Yemen zahran zionist attack zoo Zvi

Blog Archive