Radoslav Deyanov (PhD), Independent Consultant (International Affairs & Management), “RAD Consulting”, Former Minister-Plenipotentiary and Representative of Bulgaria to the OPCW PrepCom, Former OPCW and CTBTO Senior Manager (current contact: rdeyanov@hotmail.com)
Jorge Morales Pedraza, Independent Consultant (International Affairs), Former Ambassador of Cuba to the IAEA and OPCW and Former IAEA Senior Manager (current contact: jmorales47@hotmail.com).
There is a growing expectation in the international community that the established process of selection of official candidates for the position of UN Secretary-General (SG) needs to be improved. This paper puts forward some ideas for consideration, the implementation of which by UN Member States would introduce greater transparency in several important aspects of this complicated and politically sensitive process.
There is a clear need to distinguish the officially agreed rules for selection of candidates for, and appointment of, a new SG from the informal criteria and procedures applied during this process. While it may currently be unrealistic, or even unnecessary, to amend the official rules associated with this process, the informal selection procedures could easily be improved to offer greater political value to the great majority of Member States.
The authors of this paper believe that, in considering realistic options for improvements in the selection activities of the UN, it would be useful to define some guidelines and criteria aimed at increasing the transparency, fairness and effectiveness of this informal process. In this respect, the main areas where improvements could contribute most are on: a) the established informal mechanism for consultations on and selection of SG candidates; b) the consistent application of the principle of geographical rotation in a fairer manner; and (c) the consistent application of the principle of gender equality in the nomination and consideration of SG candidates in a manner that offers female candidates an equal opportunity to serve as a SG.
It is worthwhile to observe that, although the former eight SG-officeholders represent a wide range of Members States from various regional groups, there have never been: (a) a SG coming from the Eastern European (EE) regional group, and (b) a female candidate appointed as SG. These two important issues should be in the center of the consultations of Member States on the selection of nominated candidates who qualify for appointment as the next SG. The results would also influence the consideration of further improvements in the established UN selection practice.
As regards the formal rules for SG selection and conditions for his/her appointment, Article 97 of the UN Charter sets out a two-stage process: “The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council.” This was supplemented by GA resolution 11(1) of 1946, which states that “it would be desirable” for the SC to proffer one candidate only for consideration by the Assembly, and that the Assembly would make its decision through a simple majority vote. It also sets the term limit for the first postholder (twice five years) and makes clear that both the GA and the SC could modify the term in the future. In addition, the rules provide that deliberations on this matter (i.e. selection consultations) should be held in private or closed sessions. Subsequently, the SC’s 1996 ‘Wisnumurti Guidelines’, explicitly provides that any UN Member State can nominate, officially in writing or informally as appropriate, the names of candidates of any nationality for consideration.
There are two further GA resolutions (A/RES/51/241 of 1997, and A/RES/60/286 of 2006) on the SG-selection and appointment process. Both resolutions emphasize the key role of the GA, the need to engage all UN Member States in the selection process, and the desirability of on-going dialogue between the President of the GA and the President of the SC. The 1997 resolution further specifies the right of the GA’s President to forward recommendations to the SC during the nomination phase, and calls for “due regard” to be given to “regional rotation” and to “gender equality”.
Therefore, there seems to be a sufficient internal basis for interaction between interested UN Member States, through the GA and the SC, in the process of selection of candidates for and eventual appointment of the SG. It may only be a matter of suitable choice of informal procedures for the major UN players to advance the selection process in a transparent, fair and effective manner. Some of the understandings already agreed upon by either the GA or the SC might also be amended to reflect better the new geopolitical environment and the UN-priorities in the 21-st century.
Both the existing formal rules and the UN informal practice so far indicate that the selection of SG candidates is a complicated task under the primary responsibility of the SC and, within this organ, of the five permanent members of the Council. Without the support of this group of Member States, the SC cannot reach any agreement on a candidate for the position of SG to be recommended for consideration and approval by the GA. Currently, it is not realistic to expect that this legal requirement of the UN Charter could be amended. In addition to the support of the five SC permanent members for a specific candidate, such a candidate should receive the affirmative votes of four non-permanent members of the SC (for a total of nine votes in favor).
It is a reality that many UN Member States have little influence in the informal consultation process to select the “best candidate” for the SG position. There is also insufficient transparency regarding the actual criteria used for such selection within the SC and in following the “twists and turns” of the entire political process. It could be hoped, however, that – with the help of a sufficient number of interested UN Member States – the transparency of the informal selection process could be improved by involving not only the SC members, but other interested Member States as well. In addition, specific selection criteria could be established for use by all Member States participating in this process.
In this context, the following ideas could be considered in order to assist the SC and the GA in fulfilling their respective responsibilities in the selection of the most qualified and experienced candidate for the position of UN SG:
- The principle of rotation amongst regional geopolitical groups into which the UN Member States are broken down should be consistently applied in the process of nomination and appointment of a SG. Past deviations from the strict application of this rule shall be redressed in a timely manner. The objective will be to maintain as fair as practically possible geographical rotation on the SG position. To this end, the rotation shall normally follow the alphabetical order of the official names of the regional groups in English. The historical record of consecutive SGs shall, however, be fully taken into account when focusing the selection process on qualified nominated candidates from the regional group, from which the next SG will be appointed.
- In the near future, when all existing regional groups will have participated in the rotation of officeholders at SG-level, Member States may wish to reconsider the long-established breakdown of the UN membership into regional groups. The objective should be to reflect better the changed geopolitical situation in the world, thus possibly eliminating the divisions inherited from the Cold War period, amongst other existing deficiencies, which might also be corrected.
- Nominated candidates for the position of the SG shall come from UN Member States only. Any Member State may nominate preferably one but not more than three candidates for the position of SG. These candidates shall be citizens of the nominating Member State and possess exemplary qualifications and relevant experience.
- Nominated candidates should not (a) be citizens of any of the five permanent members of the SC, or (b) have previously served in the positions of UN SG, President or Prime Minister of a Member State.
- Nominated candidates should have rich professional experience in dealing with international relations, either on behalf of a Member State and/or in international governmental organization(s), as well as deep knowledge and understanding of the functioning of the United Nations and its system of international organizations. In this respect, a minimum of 15 years of relevant international experience would be an important prerequisite for successful selection of a nominated candidate. Such candidates should be more than 50 years old.
- All Members States are strongly encouraged to nominate female candidates who meet the above requirements. During the UN selection process, due consideration should be given to qualified and experienced female candidates, in accordance with the principle of gender equality. The objective shall be to redress the long-established practice of having only male officeholders at the highest UN position, thus contributing also to a better gender balance in the UN Secretariat as a whole.
- The initial informal consultations for selection of nominated candidates for the position of SG shall be open for participation of all members of the SC. Such Member States should periodically inform their respective political groups on the progress made in this process, thus allowing the GA to exercise a more active role before taking a decision on the appointment of the SG following submission of a recommendation by the SC.
- If necessary, during these informal consultations, the SC will conduct informal “straw polls” amongst its members to determine the candidates having the greatest chances to acquire the required support. The SC shall make every effort to recommend up to three nominated candidates, as appropriate, for the position of SG for consideration of and approval by the GA. Unless the SC recommends a single (either female or male) candidate, the list of recommended candidates for SG should include at least one woman.
- The election of a recommended candidate for appointment as SG shall be carried out through a secret voting procedure. The SG appointment shall continue to require (ref.: GA Res. 11(1) of 1946,) support by a simple (50 %) majority of UN Member States that are present and voting in the GA. However, given the importance of the SG’s functions in the new geopolitical environment, the GA might wish to consider introducing a 2/3 majority voting requirement for the SG appointment, thus providing the new SG with political support for carrying out her/his responsibilities in the name of the great majority of UN Member States. During the process of consecutive voting, any recommended candidate for SG having received less than 50 % support in the GA shall be withdrawn from further participation. If none of the recommended candidates receives the required support of the GA, the SC shall reopen the selection process and consider recommending other nominated candidates for the position of SG.
- The SG may be reelected for a maximum of two consecutive periods of 5 years.
- Nominated candidates for the position of SG shall present to the SC their individual visions of how they would carry out their responsibilities, if appointed as SG. When the final list of nominated candidates has been recommended by the SC, all such candidates shall present to the GA their respective visions of how they would carry out the SG’s responsibilities, if appointed. After informal consultations open for participation to all Member States, the GA will take a decision to appoint the SG. The arrangement of such hearings by the Presidents of the SC and of the GA, with the assistance of the current SG, would realistically strengthen the GA’s role in the informal SG‑selection process.