About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


1 1 (October 13, 2016)

handle is hein.crs/govceus0001 and id is 1 raw text is: FF.ri E~$~ & Updated October 13, 2016 United Nations Issues: Appointing the U.N. Secretary-General The second five-year term of United Nations (U.N.) Secretary-General (SG) Ban Ki-moon ends on December 31, 2016. For the past several months, the U.N. Security Council and General Assembly have considered candidates to serve as the ninth SG. On October 6, the Council recommended Ant6nio Guterres of Portugal, and the Assembly appointed him on October 13. Guterres served as the Prime Minister of Portugal from 1995 to 2002 and as the U.N. High Commissioner for Refugees from 2005 to 2015. His term will begin on January 1, 2017. The United States maintains a significant interest in the SG appointment process, with the hope that the perspectives and policies of the new SG align with U.S. foreign policy and national security priorities. As one of five permanent members of the Council with veto power, it has considerable influence in the selection of the SG. The duties of the SG are both administrative and political. Article 97 of the U.N. Charter describes the SG as the chief administrative officer of the United Nations and head of the U.N. Secretariat. His or her administrative responsibilities include recruiting and hiring staff, coordinating with U.N. entities, preparing the organization's budget, and reporting to the General Assembly. The political functions of the office often fall under Article 99 of the Charter, which authorizes the SG to bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security. In addition, Article 98 states that the SG shall perform such other functions as are entrusted to him or her by the Council, Assembly, and other U.N. bodies. In practice, these guidelines have provided the SG with opportunities to use his influence and good offices-which draw on the perceived independence, moral authority, and impartiality of the position-to bring attention, publicly or privately, to conditions or events that might threaten global peace and security. Over the years, SGs have defined and adapted their role to address challenges faced during their tenure. Pursuant to Article 97 of the U.N. Charter, the SG shall be appointed by the General Assembly upon the recommendation of the Security Council. Additional processes and procedures were adopted by the General Assembly in 1946 (resolution 1 (1)) and in subsequent resolutions and documents. Many procedures have also been implemented through precedent and practice. Security Council. The 15-member Security Council is the primary U.N. body responsible for selecting the SG. According to Assembly resolution 11 (1), it is desirable for the Council to recommend one candidate to the Assembly for consideration. The Council's deliberations generally occur in private meetings, with decisions taken by secret ballot by an affirmative vote from at least seven Council members, including the five permanent members (P-5). When a decision is made, the Council adopts a resolution recommending a candidate; generally, the resolution is considered during a private Council meeting. In years when there have been multiple candidates, the Council has developed the practice of conducting informal straw polls to indicate member states' initial level of support for individuals. (In the current process, Guterres won all six straw polls held by the Council.) In years when there has been one candidate (for example, when an SG is being considered for a second term), the Council generally adopts a resolution without prior polling, usually by acclamation. Following the adoption of the Council's resolution, the Council President writes a letter informing the Assembly President of its recommendation. General Assembly. With few exceptions, the Assembly's role in the selection of the SG has been limited to adopting a resolution appointing the Security Council's recommended candidate. To date, the Assembly has not challenged the Council's recommendation. Resolution 11 (1) provides that the Assembly may adopt the Council's recommendation by secret ballot by a simple majority vote. In practice, the Assembly has held a public meeting to appoint the SG by acclamation. Term length. Assembly resolution 11 (J) specifies that the SG shall serve a five-year term, with the possibility of reappointment for a second term. It also states that the Council and Assembly are free to modify the term length of future SGs. The term start and end dates (usually January 1 to December 31) are typically included in the Council resolution recommending appointment. With the exception of Boutros Boutros-Ghali, whose second term was vetoed by the United States, every SG has been reappointed for a second term. The length of terms has varied depending on circumstances and events (see Table 1). Timing. The timeline of the SG selection is not specified in the U.N. Charter or Assembly resolution 11(I); instead, the process is based on custom and practice and has varied depending on the circumstances of the appointment. In general, when the current SG's term is scheduled to end on December 31, the Security Council has recommended appointment of a new SG between October and December of that year. The Council has recommended reappointment of a current SG between June and December. Increasingly, the Council has recognized the benefits of providing a new SG with sufficient transition time. The appointment of Ban Ki-Moon in October 2006, nearly three .O 'T gognpo goo g , q 'S a X 11LULANJILiN,