150 POLITICAL AND SECURITY QUESTIONS

CHAPTER XII QUESTIONS RELATING TO THE ORGANS OF THE UNITED NATIONS, MEMBERSHIP AND THE UNITED NATIONS CHARTER

THE ADMISSION OF NEW MEMBERS During 1962, the number of United Nations 1962 Members rose to 110. Six States were admitted Date of Date of to United Nations membership by the General Council Admission Assembly, on the Security Council's recom- Applicant Recommendation by Assembly Rwanda 26 July 18 Sept. mendation, as indicated below. 26 July 18 Sept. The following table indicates the action taken Jamaica 10 Sept. 18 Sept. by the Security Council and General Assembly Trinidad and Tobago 10 Sept. 18 Sept. in 1962 to admit new Members to the United Algeria 4 Oct. 8 Oct. Nations: 15 Oct. 25 Oct.

DOCUMENTARY REFERENCES ADMISSIONS IN 1962 BURUNDI RWANDA SECURITY COUNCIL, meeting 1017. SECURITY COUNCIL, meeting 1017. S/5137 and Add.l, 2. Letters of 27 June and 1 July S/5139 and Add.l. Cable and letter of 4 1962, and cable of 2 July 1962 from Republic of from Kingdom of Burundi. Rwanda. S/5146. Letter of 19 July 1962 from Belgium. S/5146. Letter of 19 July 1962 from Belgium. S/5148. , Ghana, Ireland, United Arab Re- S/5147. France, Ghana, Ireland, United Arab Re- public, Venezuela: draft resolution. public, Venezuela: draft resolution. S/5150. RESOLUTION, as submitted by 5 powers, S/5149. RESOLUTION, as submitted by 5 powers, S/5148, recommending that General Assembly ad- S/5147, recommending that General Assembly ad- mit Kingdom of Burundi to membership of United mit Republic of Rwanda to membership of United Nations, adopted unanimously by Security Council Nations, adopted unanimously by Security Council on 26 July 1962, meeting 1017. on 26 July 1962, meeting 1017. GENERAL ASSEMBLY——17TH SESSION GENERAL ASSEMBLY——17TH SESSION Plenary Meeting 1122. Plenary Meeting 1122. A/5148 and Add.l. Cable and letter of 4 July 1962 S/5147 and Add.l, 2. Letters of 27 June and 1 July from Kingdom of Burundi. 1962 and cable of 2 July 1962 from Republic of A/5151. Letter of 26 July 1962 from President of Rwanda. Security Council, containing recommendation of A/5152. Letter of 26 July from President of Security Council. Council, containing recommendation of Council. A/L.392 and Add.l. Belgium, Congo (Leopoldville), A/L.391 and Add.l. Belgium, Congo (Leopoldville), Ethiopia, Guinea, Liberia: draft resolution. Ethiopia, Guinea, Liberia: draft resolution. RESOLUTION 1749(xvii), as submitted by 5 powers, RESOLUTION 1748(xvii), AS submitted by 5 powers, A/L.392 and Add.l, adopted by Assembly on 18 A/L.391 and Add.l, adopted by Assembly on 18 September 1962, meeting 1122, by acclamation. September 1962, meeting 1122, by acclamation. "The General Assembly, "The General Assembly, "Having received the recommendation of the "Having received the recommendation of the Security Council of 26 July 1962 that the Kingdom of Security Council of 26 July 1962 that the Republic Burundi should be admitted to membership in the of Rwanda should be admitted to membership in the United Nations, United Nations, "Having considered the application for membership "Having considered the application for membership of the Kingdom of Burundi, of the Republic of Rwanda, "Decides to admit the Kingdom of Burundi to mem- "Decides to admit the Republic of Rwanda to mem- bership in the United Nations." bership in the United Nations." QUESTIONS RELATING TO ORGANS, MEMBERSHIP AND CHARTER 151 JAMAICA India, New Zealand, Nigeria, Pakistan, Sierra Leone, , United Kingdom: draft resolu- SECURITY COUNCIL, meeting 1018. tion. RESOLUTION 1751(xvii), as submitted by 14 powers, S/5154. Telegrams of 6 August 1962 from Jamaica. A/L.390 and Add.l, 2, adopted by Assembly on 19 S/5164. United Kingdom and Ghana: draft resolu- September 1962, meeting 1122, by acclamation. tion. "The General Assembly, S/5166. RESOLUTION, as submitted by United King- "Having received the recommendation of the dom and Ghana, S/5164, recommending that Gen- Security Council of 12 September 1962 that the State eral Assembly admit Jamaica to membership of of Trinidad and Tobago should be admitted to mem- United Nations, adopted unanimously by Security bership in the United Nations, Council on 12 September 1962, meeting 1018. "Having considered the application for membership, of the State of Trinidad and Tobago, GENERAL ASSEMBLY——17TH SESSION "Decides to admit the State of Trinidad and To- Plenary Meeting 1122. bago to membership in the United Nations."

A/5154. Cables of 6 August 1962 from Jamaica. ALGERIA A/5188. Letter of 12 September 1962 from President of Security Council, containing recommendation of SECURITY COUNCIL, meeting 1020. Council. A/L.389 and Add.l, 2. Australia, Canada, Ceylon, S/5172 and Rev.l. Cable of 30 September 1962 from Cyprus, Ethiopia, Federation of Malaya, Ghana, Democratic and Popular Republic of Algeria. India, New Zealand, Nigeria, Pakistan, Sierra S/5173. Chile, France, Ghana, Ireland, Romania, Leone, Tanganyika, United Kingdom: draft resolu- USSR, United Arab Republic, United Kingdom, tion. United States, Venezuela: draft resolution. RESOLUTION 1750(xvii), as submitted by 14 powers, S/5174. RESOLUTION, as submitted by 10 powers, A/L.389 and Add.l, 2, adopted by Assembly on 19 S/5173, recommending that General Assembly ad- September 1962, meeting 1122, by acclamation. mit Democratic and Popular Republic of Algeria to membership of United Nations, adopted by "The General Assembly, Council on 4 October 1962, meeting 1020, by 10 "Having received the recommendation of the votes to 0, with 1 abstention (China). Security Council of 12 September 1962 that Jamaica should be admitted to membership in the United Na- GENERAL ASSEMBLY——17TH SESSION tions, Plenary Meeting 1146. "Having considered the application for membership A/5246. Cable of 30 September 1962 from Democratic of Jamaica, and Popular Republic of Algeria. "Decides to admit Jamaica to membership in the A/5251. Letter of 4 October 1962 from President of United Nations." Security Council, containing recommendation of Council. TRINIDAD AND TOBAGO A/L.394 and Corr.1 and Add.l. Afghanistan, Albania, SECURITY COUNCIL, meeting 1018, Ceylon, Chile, Ethiopia, France, Ghana, Guinea, India, Indonesia, Iran, Iraq, Ireland, Italy, Ivory S/5162 and Add.l. Telegrams of 6 and 8 September Coast, Jordan, Lebanon, Liberia, Libya, Mali, 1962 from State of Trinidad and Tobago. Mauritania, Morocco, Nepal, Nigeria, Pakistan, S/5165. United Kingdom and Ghana: draft resolu- Romania, Senegal, Somalia, Sudan, Syria, Tunisia, tion. USSR, United Arab Republic, United Kingdom, S/5167. RESOLUTION, as submitted by United King- United States, Venezuela, Yemen, Yugoslavia: draft dom and Ghana, S/5165, recommending that Gen- resolution. eral Assembly admit State of Trinidad and Tobago RESOLUTION 1754(xvii), as submitted by 38 powers, to membership of United Nations, adopted unani- A/L.394 and Corr.1 and Add.l, adopted by Assem- mously by Security Council on 12 September 1962, bly on 8 October 1962, meeting 1146, by acclama- meeting 1018. tion.

GENERAL ASSEMBLY——17TH SESSION "The General Assembly, Plenary Meeting 1122. "Having received the recommendation of the Security Council of 4 October 1962 that the Demo- A/5185 and Add.l. Telegrams of 6 and 8 September cratic and Popular Republic of Algeria should be ad- 1962 from State of Trinidad and Tobago. mitted to membership in the United Nations, A/5189. Letter of 12 September 1962 from President "Having considered the application for membership of Security Council, containing recommendation of of the Democratic and Popular Republic of Algeria, Council. "Decides to admit the Democratic and Popular Re- A/L.390 and Add.l, 2. Australia, Canada, Ceylon, public of Algeria to membership in the United Na- Cyprus, Ethiopia, Federation of Malaya, Ghana, tions." 152 POLITICAL AND SECURITY QUESTIONS UGANDA Cyprus, Ethiopia, Federation of Malaya, Ghana, India, Jamaica, New Zealand, Nigeria, Pakistan, SECURITY COUNCIL, meeting 1021. Sierra Leone, Somalia, Sudan, Tanganyika, Trini- dad and Tobago, United Kingdom, United Arab S/5176. Cables of 9 October 1962 from Uganda. Republic: draft resolution. S/5177. Ghana, United Arab Republic, United King- RESOLUTION 1758(xvii), as submitted by 19 powers, dom: draft resolution. A/L.396 and Add.l, adopted by Assembly on 25 S/5179/Corr.l. RESOLUTION, as proposed by 3 powers, October 1962, meeting 1158. S/5177, recommending that General Assembly ad- mit Uganda to membership of United Nations, "The General Assembly, adopted unanimously by Security Council on 15 "Having received the recommendation of the October 1962, meeting 1021. Security Council of 15 October 1962 that Uganda should be admitted to membership in the United Na- GENERAL ASSEMBLY——17TH SESSION tions, Plenary Meeting 1158. "Having considered the application for membership of Uganda, A/5255. Cables of 9 October 1962 from Uganda. "Decides to admit Uganda to membership in the A/5258. Letter of 15 October 1962 from President United Nations." of Security Council, containing recommendation of Council. A/5202. Report of Security Council to General Assem- A/L.396 and Add.l. Australia, Canada, Ceylon, bly, Chapter 8.

THE QUESTION OF THE REVIEW OF THE UNITED NATIONS CHARTER Various questions relating to arrangements for Bulgaria, China, Czechoslovakia, Ghana, India, holding a Conference for reviewing the United Italy, Japan, Mauritania, Mexico, Nigeria, the Nations Charter were discussed in 1962 at a USSR, the United Kingdom and the United meeting of a General Assembly committee set States. up to deal with such matters. This body, com- The majority—among them, Japan, Italy, posed of all United Nations Members, was Mauritania, the United Kingdom and the established by the General Assembly on 21 United States—agreed that in principle a con- November 1955 to consider, in consultation with ference for the purpose of reviewing the Charter the Secretary-General, the question of fixing a should be held to take into account the in- time and place for the Conference and its crease in the membership of the Organization organization and procedures. and to reflect the changes that had taken place This Committee on Arrangements for a Con- since the Charter was adopted in 1945. They ference for the Purpose of Reviewing the felt, however, that the existing international Charter had held three previous sessions, in climate was still not propitious for the holding 1957, 1959 and 1961, respectively. On 15 De- of a successful conference. Some stressed the cember 1961, the General Assembly adopted need for increasing the membership of the a resolution1 whereby it: (1) decided to keep Security Council and the Economic and Social the Committee in being; (2) asked it to report, Council, and referred to the procedure laid with recommendations, to the Assembly not down in Article 108 of the Charter as a possible later than at its seventeenth session (which means to achieve this purpose before a Charter opened on 18 September 1962); and (3) re- review conference could be held. (Article 108 quested, in effect, the preparation of Supple- provides that amendments to the Charter shall ments to the Repertory of Practice of United come into force when these have been adopted Nations Organs (which was first published in by a two-thirds majority vote in the General 1955). Assembly and ratified in accordance with the In view of this Assembly resolution, the constitutional process of two-thirds of the Committee met on 5 September 1962. Back- United Nations, including all the permanent ground material before it included a note by members of the Security Council.) the Secretary-General on the publication of Czechoslovakia and the USSR considered Supplements to the Repertory. that it would be impossible to hold a Charter Representatives of the following 13 Member States spoke at the meeting of the Committee: 1 See Y.U.N., 1961, p. 173. QUESTIONS RELATING TO ORGANS, MEMBERSHIP AND CHARTER 153 review conference without the participation of the Committee in being and to invite it to meet the People's Republic of China and that even not later than July 1963 and to report, with the procedure set forth in Article 108 regarding recommendations, to the Assembly's eighteenth amendments to the Charter could not be re- session (due to open in September 1963). The sorted to until the legitimate rights of the draft resolution also provided for the continued People's Republic of China in the United Na- preparation and circulation of Supplements to tions were restored. the Repertory. After discussion, the Committee adopted a This text was adopted without objection at draft resolution taking into account a proposal a plenary meeting of the General Assembly on by Ghana to the effect that the Committee 23 October 1962, as resolution 1756(XVII). should meet again in June or July 1963. By (For full text, see DOCUMENTARY REFERENCES this text, the Assembly would decide to keep below.)

DOCUMENTARY REFERENCES

GENERAL ASSEMBLY——17TH SESSION "1. Decides to keep in being the Committee on Fifth Committee, meeting 927. arrangements for a conference for the purpose of Plenary Meeting 1157. reviewing the Charter and invites the Committee to meet not later than July 1963 and to report, with A/5193. Report of Committee on Arrangements for recommendations, to the General Assembly at its Conference for Purpose of Reviewing Charter. eighteenth session; RESOLUTION 1756(xvii), as submitted by Committee "2. Requests that the work envisaged in paragraph on Arrangements, A/5193, adopted by Assembly 4 of General Assembly resolution 992(X) should be on 23 October 1962, meeting 1157, without formal continued." vote. Repertory of Practice of United Nations Organs, "The General Assembly, Supplement No. 2, Vol. III: Articles 55-111 of "Recalling the provisions of its resolutions 992(X) Charter. U.N.P. Sales No.: 63.V.7. of 21 November 1955, 1136(XII) of 14 October Repertoire of Practice of Security Council, Supple- 1957, 1381 (XIV) of 20 November 1959 and 1670 ment 1956-1958 (ST/PSCA/l/Add.2). U.N.P. (XVI) of 15 December 1961, Sales No.: 59.VII. 1.

APPOINTMENT OF THE SECRETARY-GENERAL OF THE UNITED NATIONS On 30 November 1962, the General Assembly, General, as the President of the Assembly point- acting on a unanimous Security Council recom- ed out in a letter of 28 November 1962 to the mendation of the same day, decided—also Chairman of the Fifth (Administrative and unanimously—to appoint U Thant as Secretary- Budgetary) Committee, had remained unchang- General of the United Nations for a term of ed since 1946, although those of the Under- office ending on 30 November 1966. U Thant secretaries, the Judges of the International had previously been appointed Acting Secretary- Court of Justice and the executive heads of the General on 3 November 1961 to fill the unexpir- specialized agencies had been revised in the ed portion of the term of office of the late intervening period. Secretary-General, Dag Hammarskjold, which On the recommendation of its Fifth Com- was due to end on 10 April 1963. 2 mittee, which endorsed proposals put forward The Assembly's decision of 30 November by the Assembly's Advisory Committee on Ad- 1962 to appoint U Thant as Secretary-General ministrative and Budgetary Questions, the was embodied in resolution 1771 (XVII), which Assembly agreed, on 20 December 1962, without was unanimously adopted, by secret ballot, on formal votes being taken, to make the follow- the proposal of Chile, Ghana, Ireland, Romania, ing changes, to become effective on 1 January the United Arab Republic and Venezuela. 1963: (i) the net base salary attaching to the Improvements were also made in the salary, position of Secretary-General was raised from allowances and other conditions of appointment $20,000 to $27,500 a year; (ii) the annual pertaining to the post of Secretary-General. The salary and allowances of the Secretary- 2 See Y.U.N., 1961, p. 165. 154 POLITICAL AND SECURITY QUESTIONS representation allowance was increased from fore the end of the term of appointment." $20,000 to $22,500 a year. Pending the outcome of studies on these matters In addition, the existing provision of a fur- to be undertaken by the Advisory Committee, nished residence for the Secretary-General was it was agreed, without formal votes being taken continued, with the cost of repairs and main- in the Assembly, to provide for the following, tenance (excluding the provision of household as from 1 January 1963, on a provisional basis: staff) to be borne by the United Nations, as in (i) If the Secretary-General were to die in office the past. or during the period that he was receiving a retire- A post adjustment allowance was also to ment allowance, his widow would receive, until her be applied to the base salary, as had been the death or remarriage, a pension equal to one-half of the retirement allowance; suitable benefits would also case since 1 January 1962. be provided for surviving minor children or other The annual retirement allowance was con- dependents within the degrees of relationship recog- tinued at the rate of one-half of the net salary nized by the United Nations Staff Rules and Regu- attaching to the position (excluding allowances) lations. (ii) If the Secretary-General retired before com- on retirement at the end of the term of appoint- pleting the full term of his appointment, he would ment. In the past, however, there were no be provided with a retirement allowance equal to provisions in the conditions of appointment to one-half of the full allowance if he had served less the post of Secretary-General for the payment than two years but more than one year; for longer periods, the retirement allowance would increase by of benefits to a widow or any surviving children one-eighth for each completed year of service beyond in the event of death in office or while in receipt two years until reaching its full level on completion of of the retirement allowance, or in the case of five years of service. death, illness or injury attributable to the per- (iii) The Staff Rules governing compensation in formance of official duties. Nor, as the Advisory the event of death, injury or illness attributable to the performance of official duties on behalf of the Committee pointed out, was the position "very United Nations would apply, mutatis mutandis, also clear regarding the possibility of retirement be- in the case of the Secretary-General.

DOCUMENTARY REFERENCES APPOINTMENT OF SECRETARY-GENERAL Arab Republic, Venezuela: draft resolution. RESOLUTION 1771 (xvii), as proposed by 6 powers, SECURITY COUNCIL, meeting 1026 (closed). A/L.406, adopted unanimously by Assembly on 30 November 1962, meeting 1182, by secret ballot. S/5211. Letter of 1 November 1962 from President of General Assembly to President of Security "The General Assembly, Council and reply of 2 November 1962. "Acting in accordance with the recommendation of S/5212. Chile, Ghana, Ireland, Romania, United the Security Council of 30 November 1962, Arab Republic, Venezuela: draft resolution, adopt- "Appoints U Thant as Secretary-General of the ed unanimously by Security Council by secret United Nations for a term of office ending on ballot on 30 November 1962, meeting 1026 3 November 1966." (closed). RESOLUTION, as adopted by Security Council: SALARIES, ALLOWANCES AND "The Security Council, OTHER CONDITIONS OF EMPLOYMENT "Having considered the question of the appoint- ment of the Secretary-General of the United Nations, GENERAL ASSEMBLY—17TH SESSION in accordance with Article 97 of the Charter, Fifth Committee, meetings 959, 960, 978. "Recommends to the General Assembly to appoint Plenary Meeting 1201. U Thant as Secretary-General of the United Nations for a term expiring on 3 November 1966." A/5321. Report of Advisory Committee on Admin- istrative and Budgetary Questions (ACABQ) and GENERAL ASSEMBLY——17TH SESSION annex (containing text of letter of 28 November Plenary Meeting 1182. 1962 from President of Assembly to Chairman of Fifth Committee). A/5322. Letter of 30 November 1962 from President A/5324. Report of Fifth Committee. of Security Council to President of Assembly, trans- A/5362. Report of ACABQ. mitting text of Security Council resolution. A/5324/Add.l. Supplementary report of Fifth Com- A/L.406. Chile, Ghana, Ireland, Romania, United mittee. QUESTIONS RELATING TO ORGANS, MEMBERSHIP AND CHARTER 155 INVESTIGATION INTO THE DEATHS OF DAG HAMMARSKJOLD AND THOSE ACCOMPANYING HIM REPORT OF COMMISSION ruary, and in Geneva from 21 February to 8 The Commission of five eminent persons March. The Commission heard 90 witnesses, established by the General Assembly on 26 Oc- visited the site of the crash and viewed the tober 19613 to investigate the circumstances in wreckage which had been collected in a hangar which the late Secretary-General, Dag Ham- in Ndola. marskjold, and 15 members of his party met When it set up the Commission in 1961, the their deaths in an air crash near Ndola, Assembly decided that an investigation of an Northern , on 18 September 1961, re- international character should be held into all ported to the President of the Assembly on the conditions and circumstances surrounding 2 May 1962 that it had found no evidence the tragedy, and particularly as to four ques- either to support or to exclude any of the tions: (1) why the flight made by the late various possible causes of the crash. Secretary-General and his party had to be un- "The Commission," its report said, "has dertaken at night, without escort; (2) why its carefully examined all possible causes of the arrival at Ndola was unduly delayed, as re- accident. It has considered the possibility of ported; (3) whether the aircraft, after having sabotage or of attack and the material or human established contact with the tower at Ndola, failures which could have resulted in an acci- lost that contact, and the fact of its having dent. It has found no evidence to support any crashed did not become known until several of the particular theories that have been ad- hours afterwards, and, if so, why; (4) whether vanced nor has it been able to exclude the the plane, after the damage it was reported to possible causes which it has considered." have suffered earlier from firing "by aircraft The report added that the Commission con- hostile to the United Nations," was in a proper sidered it its duty to record that it had also condition for use. examined the various rumours which had come In brief, the Commission answered these to its attention concerning the cause of the questions as follows: crash, and had "found no evidence in their First, the members believed that the decision support." regarding the departure time of the flight was After considering the report at a plenary made by the late Secretary-General himself, in session held on 26 October 1962, the Assembly view of the mission he had to perform, and in adopted a resolution taking note of the report, taking that decision Mr. Hammarskjold was expressing its gratitude to the members of the fully aware that the flight would have to be Commission for their work and asking the carried out without escort and that most of it Secretary-General to inform the Assembly of would be made by night. There appeared to any new evidence which might come to his have been several reasons why the flight did attention. not depart at an earlier hour. The repairs The members of the Commission, appointed to the aircraft (referred to by its registration by the Assembly on 8 December 1961 on the number, SE-BDY), were in progress during recommendation of its President, were: Samuel the morning of 17 September 1961. Also Bankolé Jones (of Sierra Leone), Raul Quijano throughout the morning there had been a (of Argentina), Emil Sandstrôm (of Sweden), continuation of discussions and efforts to com- Rishikesh Shaha (of Nepal) and Nikol Srzentic municate with Moise Tshombe, president of (of Yugoslavia). Katanga Province, about arrangements for the At organizational meetings held in New York meeting between him and Mr. Hammarskjold in December 1961, the Commission elected Mr. at Ndola, which was the purpose of the flight. Shaha as Chairman and Mr. Quijano as Rap- It was also clear that Mr. Hammarskjold wished porteur, and made arrangements for the conduct to arrive in Ndola after Lord Lansdowne, the of its investigation. It met in Leopoldville from United Kingdom's Joint Parliamentary Under- 24 to 30 January, in Salisbury (Southern Rho- desia) and Ndola from 31 January to 16 Feb- 3 See Y.U.N., 1961, pp. 161-64. 156 POLITICAL AND SECURITY QUESTIONS Secretary for Foreign Affairs, who had been in advance of the flight to the flight informa- in Leopoldville and who was to precede the tion centre at Salisbury; however, it believed late Secretary-General to Ndola, had had time that this departure from the rules of interna- to land there and depart again. And, finally, tional civil aviation was explained by the hos- because of the danger of an attack by a tilities in Katanga, in particular the activities "Fouga Magister" plane under the control of of the "Fouga Magister" jet plane equipped for the Katanga authorities, most of the flights combat which was in the service of the Ka- in the Congo at: the time were undertaken at tangese armed forces. night. As to the lack of an escort, the Com- Nevertheless, the Commission regretted that mission noted that the United Nations Opera- a responsible official of ONUC was not in- tion in the Congo (ONUC) had no fighter formed of the route which the pilot intended planes in the Congo at that time, and no to follow. It also believed that special security request for an escort over Rhodesian territory measures should have been taken to guard the had been made to the Rhodesian Government. Secretary-General's aircraft before the take-off. Second, there did not appear to have been Although it had no reason to believe that either any delay in the arrival of the plane over of these omissions was a contributing cause of Ndola, except for the fact that the departure the crash, it considered that both were poten- from Leopoldville was delayed until late after- tially dangerous. noon and that the aircraft took a less direct Regarding the time at which the crash be- route, requiring an additional hour and a came known, and the institution of search and half to two hours and a half flying time. In rescue operations, the Commission noted that fact, SE-BDY arrived over Ndola airfield some although SE-BDY had crashed 9.5 miles from minutes before its estimated time of arrival. an airfield where 18 military aircraft capable Third, the Commission found no evidence of working out an air search were stationed, that during the part of the flight immediately the wreckage of the plane was not found until preceeding the crash the control tower and 15 hours after the crash and almost nine hours the aircraft had attempted to communicate after daybreak on 18 September. While express- with each other or were prevented from doing ing full awareness of the difficulty of conducting so by radio failure. The crash appeared to have an air search over an area covered with brush occurred within a few minutes after the last and forest, the Commission believed that "the radio contact between the Ndola tower and the delay in commencing search and rescue opera- plane, at the time when the aircraft passed tions was increased by shortcomings in liaison over the airfield. and co-operation between the aviation officials Fourth, the damage the aircraft had sustained concerned, by lack of initiative and diligence from ground fire at Elisabethville on the morn- on their part and by delay in applying the ing of the day of the flight had been minor prescribed procedures." Undue weight appeared and had been properly repaired before the take- to have been attached to the groundless im- off from Leopoldville. pression that the Secretary-General had changed In addition to the replies to the specific his mind after flying over Ndola and had de- questions asked by the General Assembly, the cided to land at another airport without in- Commission's report also made the following forming the Ndola tower, the Commission con- points, among others: tinued. It went on to observe that "had that The Commission believed that the crew of degree of diligence been shown which might the aircraft was fully qualified, experienced, have been expected in the circumstances," it competent and conscientious, and there appear- was possible that the crash might have been ed to have been no violation of the rules limit- discovered sooner and the chances of survival ing the flight hours of crewmen; it was satisfied might have been materially improved for Ser- that the Secretary-General's plane had been geant Harold Julien, the only member of the properly maintained and was fully airworthy. party found alive. "Had he survived," the report The Commission noted that no flight plan added, "not only would one life have been or departure message had been communicated saved but there would have existed a possible QUESTIONS RELATING TO ORGANS, MEMBERSHIP AND CHARTER 157 source of direct knowledge of the conditions The reports of the two Rhodesian bodies of and circumstances surrounding the tragedy." inquiry were among the annexes attached to During its investigation, the Commission had the Commission's report. Both the Rhodesian before it the reports, exhibits and proceedings bodies, after examining and eliminating other of two investigating bodies established by the causes, reached the tentative conclusion that the federal authorities of Rhodesia and Nyasaland. probable cause of the disaster lay within the The first was a Rhodesian Board of Investiga- area of human failure or error on the part of tion, composed of technical experts in whose the pilots in allowing the plane to descend so proceedings United Nations and Swedish Gov- low that it struck the trees. ernment observers participated fully. The sec- In taking note of the conclusion about pilot ond body was a Rhodesian Commission of error, the United Nations Commission said that, Inquiry, established by the Federation author- while it could not exclude the possibility, it had ities to hold a judicial inquiry after completion found no indication that this was the cause of of the technical investigation.4 This Rhodesian the crash. Commission served under the chairmanship of The Commission made this comment in the the Chief Justice of the Supreme Court of the section of its report in which it discussed the Federation and its other two members were possible causes of the accident and said that nominated respectively by the United Kingdom it had been able neither to confirm nor to and the International Civil Aviation Organiza- exclude any of them. It also made the follow- tion (ICAO). The United Nations and Sweden ing points regarding each of these possible had declined an invitation to nominate mem- causes : bers,5 but each was represented by counsel be- With respect to sabotage, it had noted that fore the Rhodesian Commission. the Secretary-General's aircraft was without At the conclusion of its hearings in Ndola, special guard while it was at N'Djili Airport in the United Nations Commission decided to Leopoldville, and access to it was not impos- request further expert investigations of the sible; no evidence of sabotage had come to the wreckage. The most important of these was de- Commission's attention, but the possibility could cided on at the suggestion of the Government not be excluded. of Sweden and involved the re-melting of blocks The possibility of attack from the air or the of aluminium and other light alloys that had ground had also been fully examined, and the been melted and fused in the fire that followed Commission had found no evidence that an the crash and the subsequent scientific examina- attack of any kind had occurred; it had also tion of the residue. The object of these tests noted the opinion of experts that it was im- was to determine whether any foreign materials possible that the plane would have been in the such as explosives, bullets or shell or rocket apparently normal approach position indicated fragments were present in the wreckage. For by the crash path and wreckage analysis had it this purpose the Acting Secretary-General ar- been under attack. Nevertheless, attack could ranged for an expert appointed by the United not be excluded as a possible cause of the crash. Nations to participate with the Rhodesian au- Consideration had also been given to various thorities in the tests. No unexplained foreign possibilities of material failure, including tech- materials were found and the expert expressed nical or structural defects, altimeter failure or the opinion that the results of his examination fire in flight. A thorough analysis of that part allowed him to exclude the possibilities of hostile of the wreckage capable of being examined action or sabotage. was made by technical experts, and no evidence The Commission's report, which had been of material failure was found. However, this completed on 8 March 1962, was, at its request, possibility could not be excluded, mainly be- not circulated until 2 May 1962, after the Com- cause the major part of the aircraft was destroy- mission members had had an opportunity to ed by fire. examine the results of the expert's scientific tests and had concluded that no reconsideration 4 See Y.U.N., 1961, p. 164. of their own report was necessary. 5 Ibid. 158 POLITICAL AND SECURITY QUESTIONS With regard to possible human failure, the procedure turn and come back to Ndola to Commission had found no evidence that any land. It crashed at a spot approximately nine of the pilots had been incapacitated. Neverthe- miles west of the airport as it had nearly com- less, it was unable to exclude the possibility pleted the turn. The landing wheels were lower- since some forms of incapacity might not be ed and locked; the flaps were in a position revealed by a post-mortem examination. It then proper for that stage of the approach, the made its comment about the findings of the engine appeared to have been operating under Rhodesian inquiries regarding human failure or normal approach power. There were no signs error on the part of the pilots. of excessive speed, fire in flight, or any part The annexes to the Commission's report also of the aircraft having become detached prior included a summary of a report prepared for to contact with the trees. When the aircraft the Royal Medical Board of Sweden and sub- first brushed the treetops, it was at a very shal- mitted to the Commission by the Swedish Gov- low angle and was banked slightly to the left. ernment. This said, among other things, that it It cut a long swath through the trees, progres- was possible to suppose that if the late Secretary- sively demolishing its left wing and increasing General had been rescued at once and had re- its angle of bank. At about 760 feet from the ceived immediate treatment with the most mod- point where it first touched the trees, the stub ern devices his survival period might perhaps of the left wing struck the ground and the "have been somewhat lengthened." The Swedish plane cartwheeled around a twelve-foot-high report agreed, however, with the opinion of ant-hill. Petrol from the damaged wing tanks Rhodesian pathologists that Mr. Hammar- poured over the wreckage and the fire that skjold's injuries "would have been fatal in any ensued destroyed or melted nearly 80 per cent case." of the fuselage. On the basis of this technical reconstruction of the crash the Commission CONSIDERATION BY reported that it appeared to be established GENERAL ASSEMBLY "beyond all doubt that, except for its altitude, The Commission's report was presented to the aircraft was in a normal approach position the Assembly on 26 October by the Chairman at the time of the crash." With respect to the of the five-member investigating body, Mr. altitude, however, SE-BDY had been nearly Shaha. 2,000 feet lower than it should have been. Commenting on the fact that the Commis- Mr. Shaha also noted that the Rhodesian sion had not been able to determine the cause Commission of Inquiry, finding no other reason of the crash, Mr. Shaha said that this result to explain the crash, had concluded that the should not be surprising in a crash of this kind pilots had allowed the aircraft to descend too in which there was no survivor capable of giv- low, presumably as a result of either inattention ing an account of what transpired and in which to or misreading of altimeters. The United nearly 80 per cent of the aircraft was destroyed Nations Commission, he pointed out, carefully by fire. In fact, to one not familiar with the examined this possibility on the basis of the modern techniques of air accident investigation, same standards of proof that it applied to other it might seem surprising that so much was causes of the crash. It found no evidence known of the circumstances of the crash. He either to support or exclude this hypothesis. then described the reconstruction which had It was elementary, he said, that the aircraft was been possible on the basis of an examination too near the ground, but there was no evidence of the wreckage and of the crash site. adduced of how it came to be too low and, in It was known, he said, that the aircraft the opinion of the Commission, there was no passed over Ndola Airport at approximately basis for a judicial conclusion on this point. ten minutes after midnight, local time. The Finally, he summarized the answers which the pilot reported that the airport lights were in Commission had given to the four specific ques- sight and that he was descending, and he con- tions asked by the Assembly. firmed the altimeter setting. SE-BDY then The only other speaker in the Assembly was proceeded westward in order to execute a the representative of Ceylon, who introduced QUESTIONS RELATING TO ORGANS, MEMBERSHIP AND CHARTER 159 the 13-power draft resolution which was sub- garded as either happy or satisfactory. Noting sequently adopted and by which the Assembly that the Commission itself acknowledged its took note of the report, thanked the Commis- inability to determine the cause of the crash, sion for its work, and requested the Secretary- he said that the co-sponsors of the draft were General "to inform the Assembly of any new therefore of the opinion that much remained evidence which may come to his attention." to be found out. The 12 other sponsoring nations were: the For this reason, he added, the resolution Congo (Leopoldville), Cyprus, Ghana, Hon- contained a request to the Secretary-General duras, India, Liberia, Libya, Mauritania, Mo- to keep the case open and to inform the Assem- rocco, Nigeria, Tunisia and the United Arab bly of any new developments. Republic. As no other representative indicated a wish The representative of Ceylon observed that to speak, the 13-power draft was put to the because of the inconclusive findings of the Com- vote and was adopted by 66 votes to 0, with 11 mission the draft resolution could not be re- abstentions, as resolution 1759 (XVII).

DOCUMENTARY REFERENCES

GENERAL ASSEMBLY——17TH SESSION 1961 in which it decided to appoint a Commission Plenary Meeting 1159. of five eminent persons to carry out an investigation into the circumstances surrounding the tragic death A/5069 and Corr.1. Report of Commission of In- of Mr. Dag Hammarskjold and of those who with vestigation into Conditions and Circumstances Re- him lost their lives on a mission in the service of the sulting in Tragic Death of Mr. Dag Hammarskjold United Nations near the Ndola airport on 18 Sep- and of Members of Party Accompanying Him. tember 1961, A/5069/Add.l and Corr.1, 2. Annexes to Report of "Having considered the report of the Commission Commission. established under the above-mentioned resolution, A/L.397 and Add.l, 2. Ceylon, Congo (Leopold- "1. Takes note of the report of the Commission of ville), Cyprus, Ghana, Honduras, India, Liberia, investigation into the conditions and circumstances Libya, Mauritania, Morocco, Nigeria, Tunisia, resulting in the tragic death of Mr. Dag Ham- United Arab Republic: draft resolution. marskjold and of members of the party accompanying RESOLUTION 1759(xvii, as proposed by 13 powers, him; A/L.397 and Add.l, 2, adopted by 66 votes to 0, "2. Expresses its gratitude to the members of the with 11 abstentions, on 26 October 1962, meeting Commission for the work they have done; 1159. "3. Requests the Secretary-General to inform the General Assembly of any new evidence which may "The General Assembly, come to his attention." "Recalling its resolution 1628 (XVI) of 26 October

THE DAG HAMMARSKJOLD FOUNDATION On 26 July 1962, the Economic and Social Nations. This recommendation was embodied Council unanimously recommended that the in Council resolution 892 (XXXIV), which was General Assembly adopt a resolution whereby it adopted on the proposal of Jordan. would: (1) note with satisfaction the initiatives In introducing his proposal, the representa- taken by Members of the United Nations in tive of Jordan pointed out that it was appro- establishing and supporting the Dag Hammar- priate for the Council to take note of the initia- skjold Foundation as a living memorial devoted tive taken in Sweden and other countries to primarily to furthering the late Secretary-Gen- create such a memorial to the late Secretary- eral's efforts to promote the objectives of the General by establishing the Foundation at United Nations in training citizens of develop- Stockholm on 21 May 1962, with the principal ing countries to hold responsible posts; and (2) object of promoting the social, political, econo- note that the Foundation and the national mic and cultural progress of developing coun- committees organized to support its efforts tries by training their citizens to hold responsible would, in honour of the late Dag Hammar- posts. skjold, carry out such projects as conformed The Foundation, he added, was governed by with the general aims and policies of the United a Board consisting of prominent Swedish and 160 POLITICAL AND SECURITY QUESTIONS non-Swedish nationals, among them the Acting The text recommended by the Council was Secretary-General of the United Nations, ex adopted without objection at a plenary meeting officio, and several personalities who had held of the General Assembly on 23 October 1962 high-ranking positions in the Secretariat of the as resolution 1757(XVII). United Nations.

DOCUMENTARY REFERENCES

ECONOMIC AND SOCIAL COUNCIL——34TH SESSION supporting the Dag Hammarskjold Foundation as a Plenary Meeting 1232. living memorial devoted primarily to furthering his efforts to promote the objectives of the United Na- E/L.968. Memorandum by Jordan requesting inclu- tions in the training of citizens of developing countries sion in agenda of item entitled "The Dag Ham- to hold responsible posts; marskjold Foundation," with text of draft resolu- " '2. Notes further that the Foundation and the tion attached. national committees organized to support its efforts RESOLUTION 892 ( xxxiv ), as proposed by Jordan, will, in honour of the late Dag Hammarskjold, carry E/L.968, adopted unanimously by Council on 26 out such projects as conform with the general aims July 1962, meeting 1232. and policies of the United Nations.' "

"The Economic and Social Council GENERAL ASSEMBLY——17TH SESSION "Recommends that the General Assembly consider Plenary Meeting 1157. at its seventeenth session the adoption of the follow- ing draft resolution: A/5182. Note by Secretary-General transmitting " 'The General Assembly, Council resolution 892 (XXXIV). " 'Recalling its unanimous decision in its resolution RESOLUTION 1757(xvii), as proposed by Economic 1625(XVI) of 16 October 1961, in naming the and Social Council, adopted by Assembly without United Nations library, at its dedication, "The Dag objection on 23 October 1962, meeting 1157. Hammarskjold Library" in tribute to the memory of (N.B.: The text of the resolution is identical with the late Secretary-General, that recommended in the Economic and Social Coun- " '1. Notes with satisfaction the initiative taken by cil's resolution 892(XXXIV) quoted above.) Members of the United Nations in establishing and

CHAPTER XIII OTHER POLITICAL QUESTIONS

PROPOSAL CONCERNING ORGANIZATION OF PEACE In 1961, at its sixteenth session, the General peace, for prevention of conflicts and for dis- Assembly agreed, without objection, to a pro- armament, which would be responsible for posal by Honduras that an item entitled "Or- studying ways to resolve current conflicts and ganization of Peace" be placed on its agenda. for preventing the development of future con- Owing to lack of time, however, the Assembly flicts; (2) ask national and international non- decided to postpone consideration of the matter governmental organizations particularly con- to its seventeenth session.6 The item was accord- cerned with peace and disarmament to conduct ingly placed on the agenda of the Assembly's scientific inquiries on ways of resolving conflicts; seventeenth session. (3) decide to establish a special committee of On 28 November 1962, Honduras circulated nine United Nations Members to perform the a draft resolution whereby the Assembly would : following tasks, in co-operation with the special- (1) invite United Nations Member States to ized agencies, particularly the United Nations adopt appropriate legislation in their respective Educational, Scientific and Cultural Organiza- countries with a view to establishing govern- tion (UNESCO): ment departments or ministerial services for 6 For details, see Y.U.N., 1961, p. 43.