WORLD METEOROLOGICAL ORGANIZATION ____________________ EC WG/SOP-III(2014)/Doc. 7.1 (04.II.2014) EC WORKING GROUP ON WMO STRATEGIC AND OPERATIONAL PLANNING (WG/SOP) Item: 7.1 Third session GENEVA, 11-14 February 2014 ENGLISH ONLY MAXIMUM TERMS FOR THE SECRETARY-GENERAL (Submitted by the Secretariat) Summary and Purpose of Document This document presents an analysis of the impact of changing Regulation 198 of the General Regulations, and options on the process to be followed up to the seventeenth session of Congress to ensure proper consideration of requested changes to the Convention and General Regulations. ACTION PROPOSED Pursuant to the request of Sixteenth Congress (Cg-16) and pursuant to EC-64 and EC-65 decisions, the working group is invited to make further recommendations to the EC on the issue of term limits of its executive head and prepare a proposal for any required amendment to the Convention and General Regulations, as appropriate. References: 1. JIU/REP/2009/8 – Selections and Conditions of Service of Executive Heads in the United Nations System Organizations, paragraph 75 of the Report https://www.unjiu.org/en/reports-notes/JIU%20Products/JIU_REP_2009_8_English.pdf 2. Abridged final report with resolutions of the Sixteenth World Meteorological Organization, Part I (WMO-No. 1077) general summary, paragraph 9.3.7 ftp://ftp.wmo.int/Documents/PublicWeb/mainweb/meetings/cbodies/governance/congress_re pports/english/pdf/1077_en.pdf 3. Abridged final report with resolutions of the Sixty-fifth session of the Executive Council, Part I (WMO-No. 1118), Geneva, 15-23 May 2013, general summary, paragraphs 7.2.1 – 7.2.4 ftp://ftp.wmo.int/Documents/PublicWeb/mainweb/meetings/cbodies/governance/executive_co uncil_reports/english/pdf/1118_en.pdf EC WG/SOP-III(2014)/Doc. 7.1, p. 2 DISCUSSION Maximum number of terms of the executive heads in the UN system 1. 2. In its Report of 2009 (ref. 1) the JIU recommended that organizations should limit the number of terms of executive heads to a maximum of two successive terms, with each term not exceeding five years, as this would: allow for adequate regional and gender balance among the executive heads of the UN system organizations; and inject new vision in the management and leadership of the organizations. Paragraph 9.3.7 of the abridged final report of Congress XVI (ref. 2) states as follows: ‘Congress noted Recommendation 6 of JIU Report 2009/8 on the “Selection and Conditions of Service of Executive Heads in the UN”. This states that “The legislative bodies of Executive Heads in the United Nations system should adopt provisions to limit the terms of their executive heads to a maximum of two successive terms not exceeding five years each, if such provisions have not yet been adopted.” Congress considered that, as an organization which was lauded within the multilateral arena for leading in organizational changes that conform to best practices within the UN system, WMO was well positioned to consider further reforms such as updating the term limits on its executive head to be consistent with established practice in the UN system. Congress considered it could be appropriate to move to a maximum of two terms for the Secretary-General with effect from the seventeenth financial period, and requested the Executive Council to further consider the matter and submit a proposal to Seventeenth Congress for any required amendment to General Regulations as appropriate.’ 3. At its sixty-fifth session (ref. 3), the Council noted that any change of the duration of the mandate of the Secretary-General would require a change in the Convention and that the option that extends the duration of the term of the Secretary-General would have significant implications on the duration of other elected officers of its constituent bodies, length of financial periods, as well as changes to various regulations. The Council decided to therefore only focus on the two remaining options: (a) Keeping the current Regulation 198 on the number of terms of the Secretary-General unchanged, that is 3 terms (of 4 years); (b) Reducing the number of terms for the Secretary-General as currently provided for in Regulation 198, to 2 terms (of 4 years). The Council requested its WG on SOP to prepare a well structured proposal with pros and cons addressing the two options, including proposals on changes to General Regulations as appropriate, and to report to EC-66. EC WG/SOP-III(2014)/Doc. 7.1, p. 3 4. The EC Working Group may wish to consider and amend as it feels appropriate the following draft proposal for its report to the EC. It should be made reference to the WMO Convention and its Article 21: (a) The Secretary-General shall be appointed by Congress on such terms as Congress may approve; Thus, the Members should appoint the SG at each Congress, have the power not only to change the number of terms of the SG, but also the rules associated to his/her appointment as stipulated in Regulation 199. As there has not been any guidance for both Congress and EC to change Regulation 199, the proposal is to be made under the assumption that the SG is appointed with a 2/3 majority, which reflects the will of Members to have a well recognized individual to manage the Secretariat and to fulfil his/her duties in compliance with Regulation 201. In this respect, the debate on changing the maximum number of terms of the SG is around whether the analysis made to inform the Congress at its 13th session has to be reconsidered and under which grounds. It has happened that the current SG has been appointed at the 14th session of Congress, and has been re-appointed twice. This is the only experience of the effect of the entry into force of the Regulation 198. The following table is a first attempt to capture the pros and cons of the two options that EC-65 asked the Working group to highlight. 3 terms (of 4 years); Pros - Potential for more stability, continuity and experience gained in the position - Experience of WMO rather positive Cons - Perception of inability of the organization to renovate Pros - Some alignment with current situations in sister agencies - inject new vision in the management and leadership of the Organization (para 75 JIU report 2009/8) Cons - potential lost of opportunity for the SG to play a more substantial role in the UN system and beyond - limitation to 2 terms has not been demonstrated to be useful for the needs of the Organization, i.e. does not lead to greater efficiency 2 terms (of 4 years). EC WG/SOP-III(2014)/Doc. 7.1, p. 4 5. The change in the number of terms of the SG would require a change of the General Regulations. - A first option is to modify Regulation 198 to read: REGULATION 198 A Secretary-General may serve a maximum of two four-year terms. This Regulation will take effect from Seventeenth Congress and will apply to any candidate who may have previously served in the post. Other options are also possible which are highlighted in the following text: REGULATION 198 A Secretary-General may serve a maximum of two successive four-year terms. This Regulation will take effect from [TbD] Congress. 6. The working group is invited to clarify and possibly limit the options to be presented to EC 66 as recommendations to Congress. Recommendation: Invite Members to sensitize the governments on the likelihood of having to amend the General Regulations in compliance with Regulation 2 of the General Regulations. EC WG/SOP-III(2014)/Doc. 7.1, p. 5 ANNEX for information Number of terms of Executive heads in the UN system Length of term Length of the term of executive head of UN system organizations varies, ranging from three years (ICAO) to five years, with the majority of the organizations having either a four-year (e.g. FAO, IAEA, IMO, ITU, UNESCO, UNIDO, WMO and WIPO) or fiveyear term (ILO, United Nations, UPU, WHO). Term limits UN organizations The majority of the organizations have a term limit of two successive terms. At FAO and the ILO the maximum number of successive terms has been amended to two terms by the legislative/governing bodies of FAO and ILO in 2009. At the IAEA there is no explicit provision for, or preclusion of the possibility of any limitation of the number of four-year terms. UN funds, programmes, other subsidiary organs and entities At the United Nations funds, programmes, other subsidiary organs and entities, some organizations such as UNCTAD, UNHCR and WFP have established, either based on their statutes or through decisions or resolutions of their legislative bodies, a limit of two terms. Other organizations do not have formal limitations regarding the number of terms. The length of the terms of office for executive heads of United Nations funds, programmes, other subsidiary organs and entities is either four or five years. WMO History The WMO considered in 1995 at its 12th Congress a proposal to limit the terms of office for the position of Secretary-General. At that time Congress concluded that further consultation would be necessary to increase the prospects of consensus on that issue. At that time France offered to facilitate the consultations requested by Congress. At the following Congress in 1999 the consultations came to a conclusion based on which a resolution was adopted unanimously by Congress. It was decided by Congress in 1999 to limit the number of terms of the Secretary-General to a maximum of three four-year terms with effect from the following (14th ) Congress in 2003, which took into account the interests of WMO itself and was a compromise of several different views.