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December 2011 December | 57 No development dialogue no. 57 | december 2011 The United Nations and Regional Challenges in Africa - 50 Years After Dag Hammarskjöld Years Africa - 50 The United Nations and Regional Challenges in | december 2011 57 no. dialogue development no. 57 | december 2011 This volume contains a selection of The scholars, offi cials and political the contributions to an international offi ce-bearers that have contributed conference held on 13-15 July 2011 at to this volume examine in historical the University of Pretoria, South Africa. perspective the values and norms The conference was devoted to the Dag Hammarskjöld lived – and died legacy of Dag Hammarskjöld and the – for. They go on to relate them to continued relevance of the principles he the current regional, continental and advocated. His term as the Secretary- global policy challenges faced by General of the United Nations occurred both the United Nations and regional when “the wind of change” was blowing African organisations in terms of across the African continent, and his confl ict mediation, the rule of law and approach to global justice, peace and international collective responsibility. security is widely viewed as exemplary. The United Nations and Regional Challenges in Africa - 50 Years After Dag Hammarskjöld development dialogue development dialogue development dialogue is addressed to individuals is intended to provide is published by the and organisations in both a free forum for critical Dag Hammarskjöld the South and the North, discussion of international Foundation. Copies may including policy makers, development priorities for be downloaded or international institutions, the 21st century. obtained from the members of civil society, Dag Hammarskjöld Centre, the media and the research Övre Slottsgatan 2, community. se-753 10 Uppsala, Sweden, fax: +46-18-12 20 72, email: [email protected] website: www.dhf.uu.se omslag_dd57.indd 1 2011-11-14 11.25 Series editor Subscribers are kindly requested to Henning Melber inform the Dag Hammarskjöld Centre of any changes of address or Editors of this issue subscription cancellations. Henning Melber and Maxi Schoeman Editorial office The Dag Hammarskjöld Centre Coordination and text editing Övre Slottsgatan 2 Peter Colenbrander SE-753 10 Uppsala, Sweden Phone: +46-(0)18-410 10 00 Production, design and layout Fax: +46-(0)18-12 20 72 Mattias Lasson E-mail: [email protected] Website: www.dhf.uu.se Printers X-O Graf Tryckeri The opinions expressed in the journal Uppsala, Sweden, are those of the authors and do not December 2011 necessarily reflect the views of the Dag Hammarskjöld Foundation. ISSN 0345-2328 ISBN 978-91-85214-63-1 Development Dialogue is a forum provided by the Dag Hammarskjöld Foundation since 1972 for critical discussions of international development priorities and challenges. Its main focus is on North-South relations and alternative perspectives to dominant paradigms. Development Dialogue is published in consecutive numbers on average once or twice a year. development dialogue, no. 57 december 2011 The United Nations and Regional Challenges in Africa - 50 Years After Dag Hammarskjöld Edited by Henning Melber and Maxi Schoeman Preface ................................................................................... 5 Henning Melber and Maxi Schoeman Opening Contributions .........................................................11 Welcome by Professor Cheryl de la Rey ................................11 Vice-Chancellor and Principal of the University of Pretoria Statement by Peter Tejler .......................................................13 Ambassador of Sweden to South Africa Keynote by Marius Fransman ................................................17 Member of Parliament and Deputy Minister for International Relations and Cooperation / Republic of South Africa Contributions to Panel Debate ..............................................25 Mediation, Confl ict Prevention, Resolution and Post-confl ict Reconstruction ........................25 Carlos Lopes Dag Hammarskjöld’s Legacy - The United Nations and Africa ..........................................31 Jan Axel Nordlander A Legacy of the UN and Africa ............................................34 Dumisani S. Kumalo Keynote Lectures ..................................................................39 Dag Hammarskjöld - Ethics, Solidarity and Global Leadership ....39 Henning Melber The Hammarskjöld Approach to International Law ..............51 Ove Bring Dag Hammarskjöld and Apartheid South Africa ...................61 Chris Saunders Papers and Comments ..........................................................77 International Criminal Justice in the Shadow of Politics ........77 Alex Obote Odora How to Tackle Impunity - A Comment .............................108 Michelo Hansungule Solidarity Triumphs Over Democracy - The Dissolution of the SADC Tribunal ............................123 Laurie Nathan The SADC Tribunal – Regional Organisations, Human Security, Human Rights and International Law ........138 Jan Axel Nordlander West African Regional Security Architecture with Special Reference to the Côte d’Ivoire Crisis ......................141 Cyril Obi Concluding Refl ections ....................................................... 163 The United Nations – Values, Practices and Reform ...........163 Jan Pronk Mediation, Prevention and Resolution of Confl icts.............182 Dumisani S. Kumalo Responsibility to Protect .....................................................185 Jan F. Mutton Value-Oriented Commonality ............................................190 Ove Bring Africa and Global Governance – International Perspectives for Peace, Security and the Rule of Law .........192 Sandy Africa Notes on contributors ......................................................... 195 14 August 1960 Elisabethville, Republic of the Congo Secretary-General Dag Hammarskjöld at the airport prior to his return to Leopoldville. The Secretary-General arrived in Democratic Republic of the Congo to carry out the terms of the Security Council resolution calling upon Belgium to withdraw its troops and allowing the entry of the UN force into the province of Katanga. Photo: UN Photo/HP Preface Henning Melber and Maxi Schoeman This volume contains a selection of the original contributions and revised versions of the papers delivered during the international conference enti- tled ‘The United Nations and Regional Challenges: Africa 50 Years after Hammarskjöld’, jointly organised by the Dag Hammarskjöld Foundation and the Department of Political Sciences at the University of Pretoria. The conference took place from 13 to 15 July 2011 on the campus of that university and over 120 participants from several countries in Africa and Europe were in attendance. It was by no means coincidental that the death of the second Secretary- General of the United Nations half a century earlier was the original point of reference and departure for this event. Dag Hammarskjöld, and with him 15 other members of his entourage and crew, died on the night of 17-18 September 1961 in the wreckage of the DC6 aeroplane that crashed a few miles from the airport while approaching the Northern Rhodesian mining town of Ndola. He was to meet close to the border of the Congo with the leader of the Katangese secessionist movement, Moise Tshombe, in an eff ort to negotiate a peaceful solution to the civil war, after earlier eff orts by the United Nations to bring an end to the Katangese secession had failed dismally. The circumstances of the plane crash remain a matter of speculation, despite the fi ndings of several offi cial commissions of inquiry that it was most probably the result of pilot error. Too many questions remain to be answered satisfactorily, so it is no surprise that half a century later they resurface.1 1 For a concise overview on the diff erent speculations and explanations, see Manuel Fröhlich, ’”The Unknown Assignation”: Dag Hammarskjöld in the Papers of George Ivan Smith’, in Beyond Diplomacy. Perspectives on Dag Hammarskjöld,. Uppsala: Dag Hammarskjöld Foundation 2008 (Critical Currents, no. 2), pp. 27-33. See for the latest, most coherent and comprehensive eff ort to explore the dubious aspects of the plane crash, Susan Williams, Who Killed Hammarskjöld? The UN, the Cold War and White Supremacy in Africa, London: Hurst 2011 and Rolf Rembe and Anders Hellberg, Midnatt i Kongo. Dag Hammarskjölds förlorade seger, Stockholm: Atlantis 2011. 6 development dialogue december 2011 – the united nations and regional challenges The legacy Dag Hammarskjöld created during his lifetime, however, transcends the eff orts to reinvestigate the circumstances of his death.2 His ethics, his concept of solidarity, his sense of fundamental universal values and human rights in combination with his respect for the mul- titude of identities within the human family have lost none of their value and relevance, and neither have the standards he set in discharging his responsibilities as the world’s highest international civil servant and in playing a global leadership role.3 In particular, the way he defi ned and executed his duties with regard to the people of Africa can be confi dently characterised as an act of international solidarity of a sort often painfully lacking today. Hammarskjöld’s steadfastness in navigating the manifold international Hammarskjöld’s steadfastness in navigating the manifold interests at play in the Congo and in seeking to implement his policies international interests at play remains
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