The Role of the UN Secretary - Essay Example

?The Role of the UN Secretary –General Introduction United Nations presents a turning of humanity towards the ideals of peace and security after the terrors of World War II. It is the concrete reality of the coming together of nations, as equals, in pursuit of a better world not only for the peoples of today, but also for the children of tomorrow. Striving for the attainment of these ideals is one of the most vital functions in the United Nations – the Secretary General. This study will take a critical look into the role of the UN Secretary –General and on how the role of the Sec-Gen has been strengthened since the United Nations institution. The study is significant, as the UN Sec-Gen symbolizes not only the ideals with which United Nations have been instituted and the nations that it represents, but it also refers to his capacity as an “international civil servant and his power to influence the course of world politics” (Rovine, 1974, p. 113). Moreover, the role of the United nations Secretary has been debated since 1945 (Tinker, 1992), as such, looking into it may help gain a clearer understanding of the role of the UN Sec-Gen, may create a better knowledge of UN and its importance in the contemporary human condition and finally, appreciate the UN Sec-Gen’s integral role in the modern period. In order to achieve the objective of the study, the database Academic Source Primers, Jstor and GoogleScholar were searched using the following key terms United Nations, Secretary-General, role, functions and Secretariat. Articles written only in English from the period of 1950 - 2010 were selected. The reason for the long span of time was to determine the evolution of the role of UN Sec-Gen since its institution. Correspondingly, excluded in the selection were editorials, position papers, pamphlets and monographs. The reference list of the articles was searched to identify additional relevant publications. The role of the UN Secretary-General evolves and responds not only to the Charter that validates it, but also it is liable to the demands and challenges of the period and its peoples. As such, the role of the UN Secretary-General is continuously being re-shaped by history. The paper is divided into seven sections. The first part is the introduction. In this segment, the subject of the study, the significance of the research, the methodology employed in the research and the structure of the paper are presented. The section deals with the historical origin of the role of the UN Sec-Gen. The part is about the legal basis of the role of the UN Sec-Gen, while the fourth section is about the interpretation of the UN Sec-Gen. The fifth segment deals with the future possible roles of the Sec-Gen. The sixth section will be dealing with how the UN Sec-Gen has been made stronger through the years. Finally, the sixth part is the conclusion of the research. Tracing the Origin The presence of a Secretary–General in a public international organisation is not something new. Prior to United Nations, the League of Nations provided the first framework with which the role of Sec-Gen was stipulated. In the League of Nations, the Sec-Gen was essentially performing administrative functions (Alexandrowicz, 1962). In fact, its first Sec-Gen Sir Eric Drummond performed the functions of the office within the limits set and never attempted to extend the capacity of the office of the Sec-Gen to political matters (Alexandrowicz, 1962; Kunz, 1958). In this regard, the administrative function s of the Sec-Gen of the League of Nations was ministerial and administrative in function. However, what was significant in the leadership of Sir Drummond was he created and opened the idea of a truly international civil servant by introducing the concepts of international responsibility and international composition (Alexandrowicz, 1962). He provided his staffs with immunities and privileges in connection with the performance of their functions, thus solidifying teh administrative (ministerial) function of the Sec-Gen. On the other hand, the International Labour Office with its first Director Sir Albert Thomas initiated the idea that public international servants should take a more active participation in the resolution of international issues and be more involved in providing resolutions to international issues. Sir Thomas used his position to constantly communicate with world leaders, address issues, mediate among parties regarding important international matters, defend his policies and persuade national leaders. In this regard, Sir Thomas initiated the notion of a public international servant as an international statesperson and an international spokesperson of world issues (Kunz, 1958). In this scenario, either the position of a Secretary-General is performing an administrative (ministerial) function patterned after Sir Drummond or is working as an international spokesperson of world issues modelled after Sir Thomas. However, what the drafters of UN Charter did was that they combined the two influences and integrated it as defining the role of the UN Sec-Gen (Alexandrowicz, 1962; Bailey, 1961). Fig. 1 The Influence This figure shows that the defined role of the UN Sec-Gen is a result of two important experiences in the international arena. It speaks of the fact, that in understanding the role of the UN Sec-Gen, one looks into what is really happening in the international scene. In this regard, what can be deduced from this section is the idea that the role of UN Sec-Gen as defined is derived not from abstractions of existing rules, but taken from precedent experiences of prominent public international servants. The Charter: The Legal Ground The role of UN Sec-Gen is anchored not only on existing historical experiences, but also on a solid legal basis. Articles 97- 99 of the Charter define the rights and duties of the UN Sec-Gen while Articles 100 – 101 speak of the essential attributes of the UN Sec-Gen as he/she makes an opinion regarding issues that are to be brought to the Security Council. The role of UN Sec-Gen is anchored not only on existing historical experiences, but also on a sound legal basis. Articles 97- 99 of the Charter define the rights and duties of the UN Sec-Gen while Articles 100 – 101 speak of the essential attributes of the UN Sec-Gen as he/she makes an opinion regarding issues that are to be brought to the Security Council. The UN Sec-Gen is one of the principal organs of the United Nations. Article 97 states, “the Secretariat is composed of the Secretary-General and the staff, and as the latter is appointed by the former and as the Secretary-General is alone responsible to the Organisation for the work of the Secretariat”, (UN Charter). This passage is significant as it not only describes the Secretary-General as 'the chief administrative officer of the Organization', but it also raises the idea that the UN SEC-Gen is a principal organ of UN as identified in Article 7 of the Charter. In this regard, the UN Sec-Gen becomes responsible not only for the implementation of the words of the Charter, but the UN Sec-Gen also becomes responsible for the observance of the spirit and principles with which the United Nations and its Charter have been instituted and drafted (Alexandrowicz, 1957; Bailey, 1961). As such, as article 97 clearly stipulates that the role of UN Sec-Gen is administrative, it has fused in both the office and the holder of the office the duty of observing the principles of the United Nations. Article 98 makes clear that the Secretary-General should service the policy-making bodies and 'perform such other functions as are entrusted to him by these organs'. This article speaks of the delegated functions that the UN Sec- Gen may take. However, what is observable in the article is the predominant attribution of the concept civil servant to the UN Sec-Gen. This is maintained based on the supposition that these are typical duties of civil servants. Article 99 is considered as the ‘Thomas doctrine’ since it alludes to the political power attributed to the UN Sec-Gen. Article 99 authorises the Sec-Gen to “bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security” (UN Charter). This article enables the Sec-Gen to be the international spokesperson of the world, hence, the ‘Thomas Doctrine’. Nonetheless, there are some noticeable ambiguities inherent in this article (Bailey, 1961; Skejelsb?k, 1991). The terms ‘opinion’ and ‘may threaten' are subject to varying interpretation, allowing for the subjective construal of events. In turn, this gives the Sec-Gen certain latitude in deciding which issues are deemed serious enough to be brought to the Security Council (Skejelsb?k, 1991). On the other hand, Article 100 and 101 explicitly states that the Sec-Gen should be “independent, impartial and exclusively international” (Bailey, 1961, p. 1115). This implies that the issues that the Sec-Gen brings into the Security Council are a result of the Sec-Gen’s own initiative and is not the result of the prodding of any national members or countries. These articles in the UN Charter become the legal foundation forming the basis for the legal understanding of the duties and role of the UN Sec-Gen. Of these articles, Article 99 is considered problematic (Alexandrowicz, 1962; Bailey, 1961; Skejelsb?k, 1991). The article is problematic not only because of the inherent ambiguity of the terms use, but also because the framework with which the political power of the Sec-Gen is exercised is blurred. In this sense, what is clear is the fact that both the ‘Drummond Doctrine’ and the ‘Thomas Doctrine’ have been considered as the defining characteristics of the role of the UN Sec-Gen. However, this does not imply that things are clearer perspectives. In fact, since1945, the political power of the UN Sec-Gen has been subject to debate. A Look into the UN Sec-Gen’s Role The administrative and political roles of the UN Sec-Gen are two intertwined functions that The Office and the person occupying the office have to perform. In this regard, one cannot claim that the political role is more valuable than the administrative role or vice-versa. This is based on the supposition that both functions are geared towards responding and observing the fundamental principles with which UN is established. In this regard, the actions of the UN Sec- Gen whether in his ministerial functions or political function must bear witness to the ideals of peace, security and dignified humanity (Alexandrowicz, 1962; Kunz, 1958; Skejelsb?k, 1991). The administrative functions of the UN Sec-Gen are necessary in the delivery of the socio-economic and political polices that UN is advocating (Tinker, 1992). Generally, in the administrative function of the Sec-Gen, he is expected to be the CEO of UN. In a sense, it means that the Sec-Gen is expected to come up with reforms and changes within the UN system in order to better the overall performance of the Organisation and rationalise the procedures implemented within the organisation. In a way, the UN Sec-Gen as the CEO should come up with internal policies that will make the selection process transparent and base on merit. Further, delegation of duties should be undertaken, while, functions held by individuals should be based on merit and not on the prodding of some influential personalities of member nations. Furthermore, under this role, the UN Sec-Gen is expected to be supervising reports, planning budgets, and staffing decisions as conduits of influence (Kille & Hendrickson, 2010) More importantly, under the administrative function of the Sec-Gen, the implementation of operational policies that are consistent with the ideals of the Charter should be pursued (Tinker, 1992). The need for transformation within the UN system can be done by the CEO, and Boutros-Ghali offered this vision of the CEO in the UN (Tinker, 1992). In this regard, the administrative function of the UN Sec-Gen moves beyond ‘being chief administrative officer’ towards providing the leadership that will allow UN to “achieve greater unity of purpose, coherence of effort, agility and responsiveness throughout the United Nations, including its funds and programs” (Williams, 2010, p. 436). On the other end, is the political role of the UN Sec- Gen. This role of the UN Sec-Gen is ambiguous just as the qualifications for becoming a UN Sec-Gen is unclear (Tinker, 1992). The rationale behind the broad parameters set in the political role of the UN Sec-Gen is to give him enough room. Understanding the political role of the UN Sec-Gen entails apprehending several factors that have been working together, which in turn, help in the evolution of the political –role of the UN Sec-Gen. These factors are the provisions of the UN Charter, the interpretation of the Charter that has been applied in varying degree at different situations, the political framework with which UN is situated and finally the personality of the UN Sec-Gen (Goodrich, 1962). As mentioned earlier, the UN Sec-Gen is deemed as one of the principal organ in UN. In this regard, the defined functions and role of the Sec-Gen are clear in terms of the fact that his role encompasses both that of the administrative and political functions. On the other hand, interpretations of the two functions differ. It appears that it is easier to fulfill the administrative functions. This is because there are specific duties that the UN Sec-Gen has to fulfill and if he does it, then he knew that he is working within the purview of his administrative functions (Johnstone, 2003). On one end, the political role of the sec-Gen can be interpreted narrowly or widely but within the scope of the spirit of UN (Goodrich, 1962). For example, a comparison has been made between Waldheim and Thant in their interpretation of the UN Sec-Gen political role (Jackson, 1978). According to Jackson (1978), Waldheim interpreted the political role of the UN Sec-Gen in a narrow. This was evident in his position that if the General Assembly or the Security Council were not willing to act or the parties involved want to be left alone, then, UN is not supposed to mediate. On the other hand, Thant during his tenure was more than willing to continue the legacy of Hammarskjold – international statesman/spokesperson as the vehicle for conflict management and mediation. He was outspoken regarding issues of colonization and similar political crisis, especially in the third World (Jackson, 1978). The example also shows us the personality factor that is part of understanding the political role of the UN Sec-Gen. Lie, Hammarskjold, Thant, and Annan to identify some of the UN Sec- Gen have shown that, during their tenure, they are persons of integrity and that they have the moral ascendency in the completion of their functions. As such, they have manifested independence and integrity in keeping international peace during their tenure. Although all of them have experienced strong opposition and criticisms during their term, but they have remained steadfast to the ideals of UN and to the spirit, with which UN is established (Goodrich, 1962; Jackson, 1978; Johnstone, 2003; Kohona, 2005). The fourth key factor is the political environment with which UN is operating. From postwar to cold war to the breakdown of the cold war and now the war on terrorism and genocide, UN and UN Sec-Gen cannot make a ‘one size fits all’ solution for all the international conflict experience. Each period requires a proper answer that fits the problems and concerns of that time. However, although there is no exact solution in the Charter, the founders of UN uphold the principle that UN should not only be capable of making decisions appropriate to the maintenance of international just peace and security, but that they have the power to act on the decision. This is remarkable considering that different concerns are present in the international arena (Goodrich, 1962). Fig. 2 The Factors This figure shows that the political role of the UN Sec-Gen is not something that can be understood in isolation from the above-mentioned factors. The clarity of its perception is anchored on the degree of understanding regarding the connection of these factors. As such, it can be claimed that, generally, the political role of the UN Sec-Gen is that he is an independent third party mediator whose opinion is of great weight not only because of the personality of the UN Sec-Gen but primarily because of the principles of the Charter embodied by the Organisation symbolized by the UN Sec-Gen. In this sense, it can be argued that the political role of UN Sec-Gen, at its core, is still an international statesman/ an international spokesperson on world issues. It is crucial to emphasize that being the international spokesperson on world issues entail in becoming conflict manager, third-party mediator. As a conflict manager/third-party mediator, the UN Sec-Gen is a legal actor whose ‘opinion’ bears weight not only in the resolution of the conflict, but also in the international court. A legal weight that is given to the opinion of the UN Sec-Gen stems from the independence and fair pursuit for international peace and security. The UN Sec-Gen is bound not only by the Charter, but also by “the principles of the Charter… by far greater than the Organisation in which they are embodied, and the aims which they are to safeguard are holier than the policies of any single nation or people” (Alexandrowicz, 1962, p. 1127). As such, it can be claimed that, the political role of the UN Sec-Gen is that he is an independent third party mediator whose opinion is of substantial influence not only because of the personality of the UN Sec-Gen but mainly because of the principles of the Charter embodied by the Organisation that is symbolized by the UN Sec-Gen Fig. 3 Political Role This figure shows that the beacon with which the UN Sec Gen fulfil his political role is the same all throughout the years – international just peace and security plus human dignity. Although the political manifestation of these ideals may vary creating the impression that there are changes in the political role of the UN Sec-Gen, but it should be noted that all political undertakings of the Sec-Gen is in fulfilment of the spirit and principles of UN, “ the peace envisaged by the UN Charter is just peace...The SG should have no part in any diplomatic deal or undertaking which ignores the principles of the Charter or relevant pronouncements of the competent organs of the UN”(de Cuellar as cited in Johnstone, 2003, p 452). The Future The challenges facing the UN Sec-Gen in the performance of his duties are gargantuan. It cannot be denied that the UN Sec-Gen is facing the challenge of downsizing the bureaucracy in UN (Helms, 1996; Williams, 2010). This is urgent, as the oversize UN does not necessarily indicate an effective one. Furthermore, in the face of limited budget, the first thing that needs to be done is to cut down bureaucracy. This concern pertains to the administrative role of the Sec-Gen. On one end, the political role of the Sec-Gen continues to be connected with conflict resolution. However, as new concerns arise, UN has become involved in the prevention of international disputes (Helms, 1996). Although this is noble, much has to be learned since the line separating national sovereignty and meddling is extremely thin. The Fortification The administrative and political roles of the UN Sec-Gen are strengthened by the greater moral ascendency that is attributed to both the Organisation and the UN Sec-Gen (Kille & Hendrickson, 2010). Although others have questioned the decisions of the UN Sec-Gen and challenged the validity of UN (Helms, 1996), what is apparent is that the peoples of the world have seen and recognised that they can put their trust to UN and the UN Sec-Gen. They consider the UN Sec-Gen as the “Trustee of the Secrets of all the nations”. The Sec-Gen becomes the “channel of communication, a conveyor of signals that he can present as the sentiment of those with the will and ability to act” (Johnstone, 2003, p 453). This becomes integral as the divide between North, South continues to expand, and the experience of poverty and disease, by the majority of people, continues to be the number one problem that mars the contemporary human condition. The strengthening of the UN Sec-Gen’s position is not defined by promulgation of new laws, rather, it is made and witness by the increased number of the members of UN. The fact that people trust the UN Sec-Gen and sees hope in UN’s action, puts into light that which continue to strengthen the UN Sec-Gen’s position – the continued and relentless pursuit for global just peace and security. Conclusion The UN Secretary General symbolises the United Nation. As he performs his roles – administrative and political- he affirms the truism that the ideals of the international community bind each nation for the fulfilment of just peace and security not only within their own country, but also around the globe. As observed in the course of the study, understanding the roles of the UN Sec-Gen is not as easy as choosing between black or white. Understanding it, entails apprehending the factors influencing the performance of their functions; nonetheless, in the midst of the issues and controversies surrounding the UN Secretary General, they are made aware that their loyalty is not to some powerful nations, but to the very principles, that supports the United Nations. In the end, role of the UN Secretary General is not fixed and is not removed from historical time. It is continuously reshaping and defining its attributes as responds to the challenges and demands of the period. This opens the possibilities for failure and error just like what has been experienced in Kosovo, but this does not mean that the pursuit for international just peace and security should be abrogated. In fact, in the face of failures, the UN Sec-Gen bears witness to the truism that much is yet to be done for just peace, security and human dignity. References Alexandrowicz, CH 1962, ‘The Secretary-General of the United Nations’, The International and Comparatively Law Quarterly, vol. 11, no 4, pp 1109 – 1130. Bailey, S 1961, ‘The Secretary General of the United Nations’, The World Today, vol.75, no. 5, pp. 2 – 7. Jackson, E 1962, ‘Developing role of the Secretary-General’, International Organization, vol.11, no 3, pp. 431 – 445. --- 1978, ‘The political role of the secretary-general under U Thant and Kurt Waldhelm: Development or decline?’, World Affairs, vol. 140, no 3, pp. 230 – 244. Johnstone, I 2003, ‘The role of the UN Secretary-General: The Power of Persuasion Based on Law’, Global Governance, vol. 9, pp. 441 – 458. Goodrich, L 1962, ‘The political role of the Secretary-General’, International Organization, vol.16, no. 2, pp. 720 -735. Kille, KJ & Hendrickson, RC 2010, ‘Secretary-General Leadership Across the United Nations and NATO: Kofi Annan, Javier Solana, and Operation Allied Force’, Global Governance, vol. 16, pp. 505 – 523. Kohona, P 2005, ‘Some notable developments in the practice of the UN Secretary-General as depositary of multilateral treaties: Reservations and declarations’, The American Journal of International Law, vol. 99, no. 2, pp 433 – 450. Kunz, J 1958, ‘The Secretary General on the role of the United Nations’, vol. 52, no. 2, 1958, pp 300 – 304. 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