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Selecting a New UN Secretary General BRIEFING PAPER Number 7544, 6 October 2016 Selecting a new UN By Arabella Lang Secretary General Inside: 1. Selection process 2. Role and requirements 3. Diversity 4. Calls for reform 5. The 2016 selection process www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary Number 7544, 6 October 2016 2 Contents Summary 3 1. Selection process 5 1.1 The rules 5 1.2 Nominations 5 1.3 Security Council straw polls and single recommendation 6 1.4 General Assembly appointment 7 2. Role and requirements 8 2.1 UN Charter 8 2.2 In practice 8 2.3 Requirements for candidates 9 3. Diversity 11 3.1 ‘Due regard’ 11 3.2 Regional rotation 11 3.3 Gender 12 4. Calls for reform 13 4.1 The issues 13 4.2 1997 General Assembly Resolution 13 4.3 2010 Joint Investigation Unit report 14 4.4 ‘1 for 7 billion’ campaign 14 4.5 2015 General Assembly Resolution 15 4.6 Views of the P5 15 5. The 2016 selection process 17 5.1 Invitation for nominations 17 5.2 Candidates so far 17 Ms Irina Bokova 18 Ms Helen Clark 18 Ms Christiana Figueres [withdrawn] 18 Ms Natalia Gherman 18 Mr António Guterres 18 Mr Vuk Jeremic 19 Dr Srgjan Kerim 19 Mr Miroslav Lajčák 19 Dr Igor Lukšić [withdrawn] 19 Ms Susana Malcorra 19 Prof Dr sc Vesna Pusić [withdrawn] 20 Dr Danilo Türk 20 Other potential candidates 20 5.3 General Assembly dialogues with candidates 21 5.4 Security Council straw polls 21 Cover page image copyright: General Assembly hall during balloting by H.E. Mr. Sam K. Kutesa. Licenced under CC BY NC-SA 2.0 / image cropped. 3 Selecting a new UN Secretary General Summary STOP PRESS Antonio Guterres, former Prime Minister of Portugal and former head of the UN refugee agency, is the unanimous choice of the UN Security Council to be the next UN Secretary General. At a press conference on 5 October 2016, the current President of the Security Council announced that Mr Guterres was the Council’s ‘clear favourite’, after its sixth round of ‘straw poll’ voting showed him receiving 13 ‘encourage’ votes, two ‘no opinion’ votes, and no ‘discourage’ votes. He beat nine other candidates (including Bulgaria’s EU budget commissioner Kristalina Georgieva who had been nominated only days earlier). The Council will hold a formal vote on 6 October on their recommendation to the UN General Assembly for formal appointment. Mr Guterres, who is 67, is expected to take up the position on 1 January 2017. Before the end of 2016 the United Nations must select its ninth Secretary-General, to head the organisation until at least 2021. He – or she – will replace Ban Ki-moon, whose second term as Secretary-General is due to end on 31 December 2016. Despite pressure to appoint a woman, and/or someone from Eastern Europe, the candidate reportedly in the lead at the moment is António Guterres, former Prime Minister of Portugal. The selection process is rather opaque. The UN Charter simply states that the Secretary- General is appointed by the General Assembly (GA), on the recommendation of the Security Council (SC). This is fleshed out to some extent by GA resolutions, and rules of procedure for the General Assembly and Security Council, but there have been many calls for greater transparency and inclusiveness. The Security Council deliberates in private, first holding a series of informal ‘straw polls’ to gauge levels of support for the candidates and potentially narrow down the field, and then adopting a resolution recommending a single candidate to the General Assembly. The recommendation needs nine votes, and any of the five permanent members of the Security Council can exercise their veto. The General Assembly then formally appoints the recommended candidate, usually without debate. Because there is no detailed job description or set of requirements for the Secretary- General – who is described in the UN Charter as the ‘chief administrative officer’ of the UN – the criteria for selection are not clear, and incumbents have varied widely in their interpretations of the role. The 2015 UN letter inviting Member States to nominate candidates does give some criteria, but these still allow considerable latitude. A 1997 GA Resolution on selecting the Secretary-General says that ‘due regard shall continue to be given to regional rotation and shall also be given to gender equality’. Regional rotation is by no means strict, but as there has never been a Secretary-General from the Eastern Europe group of countries candidates from those countries are likely to be in a strong position. Nor has there ever been a female Secretary-General. The UK strongly supports appointing a woman, ‘if all qualifications are equal’. Pressure for reform from some UN Member States, as well as UN working groups and reports, and civil society groups including the ‘1 for 7 billion’ campaign, have resulted in some new processes for 2016. Member States have been invited to nominate their candidates publicly, and encouraged to nominate female candidates; and the General Assembly has held public dialogues with all the candidates. But other proposals, including recommending more than one candidate to the General Assembly, limiting the Secretary- Number 7544, 6 October 2016 4 General to one term of office and introducing a clear timeline for appointment, have not been implemented. By mid-September 2016, twelve candidates – six men and six women – had been publicly nominated by UN Member States. Eight of the twelve are from Eastern Europe. Three candidates have withdrawn from the process, and others may yet emerge. After General Assembly hearings for all the candidates and four rounds of ‘straw polls’ in the Security Council, António Guterres (Portugal) is still reportedly in the lead, although he may not have Russia’s support. Two other men, Miroslav Lajčák (Slovakia) and Vuk Jeremić (Serbia) are apparently in second place and third place respectively. Female candidates are not currently faring well. 5 Selecting a new UN Secretary General 1. Selection process Summary The process for selecting the Secretary-General of the UN is rather opaque. The UN Charter simply states that the Secretary-General is appointed by the General Assembly (GA), on the recommendation of the Security Council (SC). This is fleshed out to some extent by GA resolutions, and rules of procedure for the Security Council and the General Assembly, but there have been many calls for greater transparency and inclusiveness. The Security Council deliberates in private, first holding a series of informal ‘straw polls’ to gauge levels of support for the candidates and potentially narrow down the field, and then adopting a resolution recommending a single candidate to the General Assembly. The recommendation needs nine votes, and any of the five permanent members of the Security Council can exercise their veto. The General Assembly then formally appoints the recommended candidate, usually without debate. 1.1 The rules Article 97 of the UN Charter outlines a two-stage process for appointing the UN Secretary-General: first the Security Council recommends a candidate, and then the General Assembly appoints them. The Charter gives no more detail, but some is provided by (non-binding) GA resolutions, rules of procedure for the Security Council and the General Assembly, and the 1996 ‘Wisnumurti Guidelines’.1 1.2 Nominations Until 2015 there was no specified process for nominating candidates. It appears that in the early years, candidates were generally suggested by the five permanent members of the Security Council (China, France, Russia, UK and the USA, known as the ‘P5’).2 More recently, Member States have presented candidates (who do not need to be their nationals) to the Security Council President (the Presidency is held by each of the members in turn, for one month at a time). Regional organisations have also sometimes chosen to write letters in support of a candidates from their region. In December 2015, Member States were invited to present their nominations publicly to the Presidents of both the Security Council and the General Assembly (with no deadline – see below). 1 A short note by the then President of the Security Council Ambassador Nugroho Wisnumurti (Indonesia) setting out general principles, the legal/procedural basis and the decision-making process, including using colour-coded straw polls. In the light of the new procedures for 2016 (see below), these guidelines are likely to need updating. 2 Security Council Report, In Hindsight: The Process of Selecting a UN Secretary- General, 31 August 2015 Number 7544, 6 October 2016 6 1.3 Security Council straw polls and single recommendation Once the nominees have emerged, the Security Council meets in private to decide who to recommend (rule 48 of the Provisional rules of procedure of the Security Council). It has always recommended only one candidate, in line with GA resolution 11 (I), 1946, although nothing in the Charter requires this. If it is considering more than one candidate, the Security Council can vote on them by secret ballot. Because this decision is a matter of substance it requires ‘an affirmative vote of nine members including the concurring votes of permanent members’ (Article 27 (3) of the UN Charter). In fact it is often adopted by acclamation. Any of the P5 countries can block a candidate by exercising their veto, and this has been a frequent feature of selecting Secretaries-General.3 Since the 1980s the Security Council has adopted a process of first conducting ‘straw polls’ at informal meetings to gauge support from the permanent and elected members of the Council for different candidates. Initially the ‘encourage’, ‘discourage’ and ‘no opinion expressed’ votes do not distinguish between permanent and non- permanent members of the Council.
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