Today, in 2023, it is not at all clear what characteristics a territory needed to acquire before the UN would grant it membership.

Not all UN members were ‘sovereign’ at the time they acquired their Membership:

a.     Belarus – a constituent of the Soviet Union

b.     Ukraine – a constituent of the Soviet Union

c.     India - then not partitioned, was under British colonial rule

d.     The Philippines – a commonwealth with the United States

e.     New Zealand - British

Some members have had their UN Membership continued by a successor state:

a.     China - Republic of China

b.     Czechoslovakia - Czech Republic and Slovakia

c.     East and West Germany - Federal Republic of Germany

d.     India – India, Pakistan and Bangladesh

e.     Soviet Union - Russian Federation and 14 other independent states

f.      Yugoslavia - 5 independent states

Some seemingly deserving nations have been denied UN membership:

a.     Kosovo

b.     Somaliland

On 17 February 2008, Kosovo unilaterally declared its independence from Serbia. 114 countries have recognised Kosovo including 52% of UN member states, 82% of EU member states, 87% of NATO member states, 40% of ASEAN member states, and 58% of Organisation of Islamic Cooperation member states. Kosovo previously was administered by the UN (UNSCR 1244). Yet, Kosovo has not been successful in its desire to join the UN. Kosovo has not become a UN member state because Russia, permanent member of the UNSC and friend of Serbia, opposes it.

On 18 May 1991, Somaliland, a self-governing, culturally and ethnically distinct territory, unilaterally declared its independence from Somalia. Somaliland was a British protectorate until it gained independence on 26 June 1960. 35 countries recognised the independent Somaliland. After independence, Somaliland voluntarily merged with Somalia, which itself had been an Italian colony. Somaliland’s re-assertion of its independence in 1991 did not breach any international law, and the UN saw no reason to intervene. Somaliland has not become a member of the UN because Britain, a permanent member of the UNSC, would not take a firm stand at the UN to sponsor Somaliland.

Kosovo and Somaliland are victims of the Doctrine of Consent, which has crept into Article 4 of the UN Charter. According to this paternalistic doctrine, a new state could not be admitted to the UN unless and until its mother state consented to it. Serbia has not consented, so Kosovo is denied UN membership. Somalia has not consented, so Somaliland is denied UN membership.

Serbia is not likely ever to give its consent. Slobodan Milosevic Serbian forces and paramilitaries conducted a systematic campaign of ethnic cleansing in Kosovo. Serbia carried out genocides and pogroms against the Kosovars in an attempt to force them out of their territory, which led to a NATO intervention. 92% of Kosovars are ethnic Albanians, only 6% are Serbian.

Somali is never ever likely to give its consent. The Somali’s hatred of the Somalilanders was evident during the Siad Barre regime (1969-1991), which carried out genocide and pogroms against the Somalilanders , which subsequently led to a civil war that claimed half a million lives and caused 3 million to flee their homes.

The application of the Doctrine of Consent by the UN in these circumstances was unfair, unjust and inequitable. The UN would avoid the inconsistency and muddle of its decision-making if it treated Article 4 of its Charter as a legal rule rather than as a political tool. Article 4.1 of the UN Charter provides:

‘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 judgment of the Organization, are able and willing to carry out these obligations.

Two legal tests are self-evident from Article 4 that could be used to make ‘the judgement of the Organisation’ consistent and transparent: one objective, the other subjective:

i.               Objective test:

Is there a viable territory?

Population and territory are the physical elements and raw ingredients necessary to the viability of a state. The people should be numerous enough to maintain a political organisation. Territory is the geographical land belonging to the people. A ‘viable’ state is one that was composed of people living permanently on a particular track of land over which they had ownership.

ii.              Subjective test:

Will this territory behave itself in accordance with the UN Charter?

This is a Predictive Test of the ability of a territory to deliver. The following are the obligations of the UN membership to have in contemplation, where applicable: ‘Peace and Security, Human Rights, The Rule of Law, and Development’ (see Article 1 of the UN Charter). Article 6 of the Charter provides the safeguard against non-compliance.

We assert that the Yorubaland qualified for consideration for UN Membership on the following grounds:

      i.         The Yorubaland is a state under international law

     ii.         The Yorubaland was unlawfully incorporated into Nigeria

    iii.         The Yorubaland is a self-determination unit (SDU)

    iv.         The Yorubaland is able, committed, and peace-loving

     v.         The Yorubaland was victim of 400 years of the transatlantic slavery