IAEA: PURSUING TERM LIMITS FOR THE DIRECTOR

S E C R E T UNVIE VIENNA 000585

SIPDIS

DEPARTMENT FOR IO/T, ISN/MNSA

E.O. 12958: DECL: 11/03/2018
TAGS: AORC KNPP IAEA UN
SUBJECT: IAEA: PURSUING TERM LIMITS FOR THE DIRECTOR
GENERAL

Classified By: Ambassador Gregory L. Schulte for reasons
1.4 b and d

Summary
--------------


1. (S) The IAEA is an outlier among most international
organizations (IOs) which have instituted term limits for
their directorships. Previous efforts to do so at the IAEA
have failed due to G-77 opposition as they were seen as
directed against DG ElBaradei. The DG election cycle
presents an opportunity for a renewed push for term limits as
a management reform objective, as opposed to a referendum on
a current or newly appointed DG. Term limits would be good
general practice in light of the growing influence of the
G-77 at the IAEA and the likelihood that future DGs come from
G-77 ranks. Board discussion of term limits would also serve
an unspoken purpose of dissuading DG ElBaradei from
reentering the race in the event of Board deadlock, were he
inclined to do so. Implementation of term limits would not
require an amendment to the IAEA Statute but could be
accomplished in tandem with the Board appointment of the next
DG, via a draft resolution for GC approval. Kwaku Aning,
Secretary of the Policy-Making Organs, advised informally
against presenting term limits as a Geneva Group initiative,
and encouraged broad and early consultation with Board
members and non-members to get G-77 buy-in. Such an effort
would have to be rolled out by the November 2008 Board and
incorporated in DG election consultations over the coming
months. Mission requests Department guidance on whether to
explore DG term limits at the IAEA. End Summary.

Arguments for Term Limits
--------------


2. (U) The United States and the Geneva Group have
historically supported term limits for directorships of
international organizations (IOs). While the majority of IOs
have instituted term-limits, the IAEA is one of a few
outliers without formal or informal term limits for Directors
General. To the contrary, IAEA Directors General (DGs) have
traditionally served successive terms, a reflection of the
"technical mandate" of the organization, though most other
technical agencies have term limits. There have only been
four DGs since the Agency's inception in 1957: ElBaradei
(Egypt) (1997-present); Blix (Sweden) 1981-1997; Eklund
(Sweden) 1961-1981, and Cole (USA) 1957-1961.


3. (C) The Annex of a 1997 UNGA resolution (51/241)
encourages specialized agencies to consider implementing term
limits on their directorships. Though it is not officially a
specialized agency of the UN, the IAEA generally models its
rules and procedures after those of the UN. The United
States and Geneva Group raised this issue at the IAEA in a
2001 letter to DG ElBaradei, when he ran for a second term,
which emphasized the Group's policy on a two-term limit for
heads of UN organizations. This and subsequent efforts to
pursue term limits at the IAEA have failed, largely due to
the perception that they were directed at ousting DG
ElBaradei. In addition, Kwaku Aning, Secretary of the Policy
Making Organs, recalls that the 2001 Geneva Group letter
prompted a negative reaction among the G-77 because it came
across as intimidation on the part of major donors.


4. (C) As the Agency has grown over the years, so too has the
influence of the G-77. The days when a Western European DG
could expect to reign over the IAEA for a 20-year period are
long since gone. DG ElBaradei was the first to come from
G-77 ranks, but will certainly not be the last. The
arguments for term limits are all the more salient today
because the chances that we will always get a Director
General "to our liking" have significantly diminished.
Absent term limits, it would be extremely difficult, if not
impossible, to unseat an incumbent DG who has G-77 backing
and is intent on a third term, as we learned in 2004 with the
re-election of ElBaradei.

Term Limits as an Electoral Issue
--------------


5. (C) The DG election may present a good opportunity to push
for term limits at the IAEA. Doing so concomitant with the
election process would avoid any misinterpretation of term
limits as aimed at the current or newly appointed Director
General. DG ElBaradei has already declared himself
unavailable for a further term of office. The best time to
pursue this effort would be before a successor is appointed;
candidates for Director General should also be encouraged to
support term limits as part of their platform. Among the two
current front-runners, South African Governor Minty has
already told Ambassador Schulte he would be inclined to seek
only one term due to his age. As a Geneva Group member,

Japanese Governor Amano would presumably support term limits,
though we have not broached the subject with him.


6. (S) Although the USG should refrain from stating this,
initiating a discussion of term limits early in the electoral
cycle would also help discourage any last minute
reconsideration by DG ElBaradei of reentering the race in the
event of Board deadlock. We have no indication that DG
ElBaradei is so inclined, and by all appearances he is
preparing to leave office. However, if no candidate for DG
can command the required two-thirds support of the Board, the
slate of candidates would be wiped clean. It would be
theoretically possible for ElBaradei to reenter the race and
"save the day" in such a scenario.

Implementing Term Limits
--------------


7. (SBU) Since the IAEA Statute is silent on the issue,
instituting term limits would not require an amendment to the
Statute, a cumbersome process that could take decades. The
Board could technically adopt term limits through an
amendment to its Rules of Procedure (Rule 48 on appointment
of the DG) or the selection procedures for election of the
next DG, which were approved in October. In an informal
discussion October 29, Aning agreed that an amendment to the
Statute was unnecessary, but advised that it would be
inappropriate and undemocratic for the Board to institute
term limits without the consent of the General Conference
(GC),as that body comprising all Member States approves the
Board's appointment of the DG. Aning recommended attaching
term limits to the June Board decision on appointment of the
next Director General, i.e. via a Board recommendation /
draft resolution on term limits for GC approval.


8. (C) Aning further advised that such an effort would
require the broadest and earliest possible consultations, as
early as the November Board. He recommended against
presenting term limits as a Geneva Group initiative, as this
would prompt knee-jerk G-77 backlash. Instead, he encouraged
broad consultations with Board members and beyond to seek
early G-77 buy-in. At the latest, such a discussion should
be initiated by the November Board, and incorporated in DG
election consultations in the run up to the March 2009 Board,
where term limits could be raised formally under the DG
election agenda item.

Request for Guidance
--------------


9. (C) Mission requests Department's authorization to begin a
discussion of possible term limits at the IAEA with Board
members and others in advance of the November 2008 Board of
Governors with a view toward raising this issue under AOB.
The issue of term limits could arise as early as November 7
when we are scheduled to meet with like-minded COMs. In the
meantime, pending instruction, we will simply note standing
U.S. policy for term limits in IOs. Mission also understands
that there may be related issues regarding the new DG's
contract and harmonization with packages elsewhere in the UN
system; we request further explication and guidance on this
as well, although this topic is clearly less urgent than the
issue of term limits.
SCHULTE