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Articles

Engagement matters: South Africa, the United Nations and a rights-based foreign policy

Pages 131-145 | Published online: 27 Mar 2014
 

Abstract

This article critically examines the role of South Africa with special reference to the values embodied in the human rights principles of the UN system and argues for a re-emphasis of a rights-based foreign policy guided by a non-alignment loyal only to the normative frameworks established by the UN for global governance. It is argued that South Africa's foreign policy should be measured mainly in terms of its willingness to engage with the global governance system as represented by the UN, and its support of the normative frameworks codified by the UN as relevant reference points for any country's policy. It is suggested that South Africa, despite its claims of being in unconditional support of such rights-based agenda, might be able to do better if less guided by strategic parameters.

Notes

1. Neethling T, ‘Reflections on norm dynamics: South African foreign policy and the no-fly zone over Libya’, South African Journal of International Affairs, 19, 1, April 2012, pp. 25–42 (here, p. 39).

2. Bischoff P, ‘Contrivance with purpose? International relations and the reconstitution of the international’, Strategic Review for Southern Africa, 32, 2, 2010, pp. 121–133.

3. The pioneering scholars introducing and promoting the term as a key notion include most prominently Robert D. Putnam, but also Pierre Bourdieu. See for a comprehensive overview on the term and its meaning: Smith M, ‘Social capital’, in The Encyclopedia of Informal Education, 2000–2009, http://infed.org./mobil/social-capital/ (accessed 10 February 2014).

4. Cordier AW & W Foote (eds) Public Papers of the Secretaries-General of the United Nations. Volume II: Dag Hammarskjöld 1953–1956. New York: Columbia University Press, 1972, p. 301.

5. ‘The Convention on the Suppression and Punishment of the Crime of Apartheid (hereinafter Apartheid Convention) has it roots in the opposition of the United Nations to the discriminatory racial policies of the South African Government — known as apartheid — which lasted from 1948 to 1990. Apartheid was annually condemned by the General Assembly as contrary to Articles 55 and 56 of the Charter of the United Nations from 1952 until 1990; and was regularly condemned by the Security Council after 1960. In 1966, the General Assembly labelled apartheid as a crime against humanity (resolution 2202 A (XXI) of 16 December 1966) and in 1984 the Security Council endorsed this determination (resolution 556 (1984) of 23 October 1984). The Apartheid Convention was the ultimate step in the condemnation of apartheid as it not only declared that apartheid was unlawful because it violated the Charter of the United Nations, but in addition it declared apartheid to be criminal. The Apartheid Convention was adopted by the General Assembly on 30 November 1973, by 91 votes in favour, four against (Portugal, South Africa, the United Kingdom and the United States) and 26 abstentions. It came into force on 18 July 1976. As of August 2008, it has been ratified by 107 States.’ Dugard J, ‘International Convention on the Suppression and Punishment of the Crime of Apartheid, New York, 30 November 1973’, Audiovisual Library of International Law, http://untreaty.un.org/cod/avl/ha/cspca/cspca.html

6. Heyzer N, Women, War and Peace. Mobilising for Peace and Security in the 21st Century. The 2004 Dag Hammarskjöld Lecture. Uppsala: Dag Hammarskjöld Foundation, 2004, pp. 17–18.

7. Robinson M, Human Rights. Challenges for the 21st Century. The Dag Hammarskjöld Lecture 1998. Uppsala: Dag Hammarskjöld Foundation 1998, p. 8.

8. See for critical African counter arguments among many others Mariam AG, ‘The AU's mass treaty-cide brinkmanship’, Pambazuka News, issue 650, 15 October 2013, http://pambazuka.org/en/category/features/89281

9. As Thabo Mbeki and Mahmood Mamdani suggest in an op-ed, ‘Courts can't end civil wars’, The New York Times, 6 February 2014, but the ICC has certainly contributed to a stronger sense of ‘dos and don'ts’ and put the notion of impunity under threat.

10. Jolly R, L Emmerij & TG Weiss, UN Ideas That Changed the World. Bloomington, IN: Indiana University Press, 2009, p. 30.

11. Weiss TG & R Thakur, Global Governance and the UN. An Unfinished Journey. Bloomington, IN: Indiana University Press, 2010, p. 51.

12. See among others: Burke R, Decolonization and the Evolution of International Human Rights. Philadelphia, PA: University of Pennsylvania Press, 2010; Whelan DJ, Indivisible Human Rights. A History. Philadelphia, PA: University of Pennsylvania Press, 2010; Gibney M & S Skogly (eds), Universal Human Rights and Extraterritorial Obligations. Philadelphia, PA: University of Pennsylvania Press, 2010; Hoffmann S-L (ed.), Human Rights in the Twentieth Century. Cambridge: Cambridge University Press, 2011; Neier A, International Human Rights Movement. A History. Princeton, NJ: Princeton University Press, 2012. For a thought-provoking different approach see Westra L, Human Rights: The Commons and the Collective. Vancouver, BC: UBC Press, 2011.

13. Kumalo DS, ‘The UN: A personal appreciation’, in le Pere G & N Samasuwo (eds), The UN at 60. A New Spin on an Old Hub. Midrand: Institute for Global Dialogue, 2006, pp. 29–50 (here: p. 31).

14. Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, United Nations General Assembly, sixty-eighth session, item 69(b) of the provisional agenda, document A/68/382, 13 September 2013, http://justsecurity.org/wp-content/uploads/2013/10/UN-Special-Rapporteur-Extrajudicial-Christof-Heyns-Report-Drones.pdf

16. Mandela N, ‘South Africa's Foreign Policy’, Foreign Affairs, 72.5, 1993, http://www.anc.org.za/show.php?id = 4113

17. Marthoz J-P, The Challenges and Ambiguities of South Africa's Foreign Policy. Oslo: Norwegian Peacebuilding Resource Centre, September 2012 (NOREF Report), p. 5.

18. Fritz N, South Africa's Role in Global Promotion of Rule of Law: ‘Neither Here nor There’. South African Foreign Policy Initiative (SAFPI), SAFPI Policy Brief, no. 12, September 2012, p. 1.

19. Cf. Good K, Diamonds, Dispossession and Democracy in Botswana. Johannesburg: Jacana, 2009.

20. Allison, S., ‘Analysis: Ian Khama's renegade foreign policy makes him a lonely figure in Africa’, Daily Maverick, 8 August 2013, http://www.dailymaverick.co.za/article/2013-08-08-analysis-ian-khamas-renegade-foreign-policy-makes-him-a-lonely-figure-in-africa/#.UvjjhPYx_dI

21. Roth K & P Hicks, ‘Encouraging stronger engagement by emerging powers on human rights’, Open Democracy, 20 June 2013, http://www.opendemocracy.net/openglobalrights/kenneth-roth-peggy-hicks/encouraging-stronger-engagement-by-emerging-powers-on-huma

22. Fritz N, The UNSC, the ICC and the (Non)role of South Africa. South African Foreign Policy Initiative (SAFPI), SAFPI Policy Brief no. 15, October 2012, p. 3.

23. Fritz N, The UNSC, the ICC and the (Non)role of South Africa. See also the Human Rights Watch ‘World Report 2011: Events of 2010’ (p. 6) where UN Human Rights Council members in Geneva are quoted as calling for ‘cooperation, not condemnation’. This clearly illustrates the latent to open conflict between a morally and ethically guided human rights advocacy and the Realpolitik justified as legitimate pragmatism by governments.

24. Policy Advisory Group Seminar Report, Africa, South Africa, and the United Nations’ Security Architecture. Cape Town: Centre for Conflict Resolution, June 2013, p. 23.

25. le Pere G, M Pressend, M Ruiters & S Zondi, South Africa's Participation in the System of Global Governance. A Review prepared for the Presidency's Fifteen Year Review. Midrand: Institute for Global Dialogue, February 2008, p. 15.

26. Bischoff P-H, ‘Reform in defence of sovereignty: South Africa in the UN Security Council, 2007–2008’, Africa Spectrum, 44.2, 2009, pp. 95–110 (here, p. 106).

27. Bischoff P-H, ‘Reform in defence of sovereignty: South Africa in the UN Security Council, 2007–2008’, Africa Spectrum, 44.2, 2009, p. 107.

28. Du Plessis C, ‘Presidency silences Zuma envoy Mugabe called a “street woman”’, City Press, 22 July 201,3[http://www.citypress.co.za/politics/presidency-silences-zuma-envoy-mugabe-called-a-street-woman/

29. See Pallotti A, ‘Human rights and regional cooperation in Africa: SADC and the crisis in Zimbabwe’, Strategic Review for Southern Africa, 35.1, 2013, pp. 17–40; Kibble S, ‘Zimbabwe between the referendum and the elections’, Strategic Review for Southern Africa, 35.1, 2013, pp. 93–117; Southall R, ‘How and why ZANU-PF won the 2013 Zimbabwe elections’, Strategic Review for Southern Africa, 35, 2, 2013.

30. le Pere G, M Pressend, M Ruiters & S Zondi, South Africa's Participation in the System of Global Governance. A Review prepared for the Presidency's Fifteen Year Review. Midrand: Institute for Global Dialogue, February 2008, p. 33.

31. Policy Advisory Group Seminar Report, Africa, South Africa, and the United Nations’ Security Architecture. Cape Town: Centre for Conflict Resolution, June 2013, p. 25.

32. Roth K & P Hicks, ‘Encouraging stronger engagement by emerging powers on human rights’, Open Democracy, 20 June 2013.

33. Roth K & P Hicks, ‘Encouraging stronger engagement by emerging powers on human rights’, Open Democracy, 20 June 2013.

34. Valji N & D Tladi, ‘South Africa's foreign policy: Between idealism and the realpolitik of being an emerging power’, Open Democracy, 19 June 2013, http://www.opendemocracy.net/openglobalrights/nahla-valji-dire-tladi/south-africa%E2%80%99s-foreign-policy-between-idealism-and-realpolit

35. ‘Celebrating 19 years of South Africa's Foreign Policy’, Public Lecture by Deputy Minister of International relations and Cooperation, H. E. Mr Ebrahim I Ebrahim, South African Institute of International Affairs (SAIIA), 4 July 2013, http://www.safpi.org/news/article/2013/dep-min-ebrahim-celebrating-19-years-south-africa-s-foreign-policy. All quotes following are from this source.

36. One only needs to observe the wheeling and dealing over climate change-related negotiations within the Conference of the Parties (COP), which clearly reflect alliances and interests beyond an established North–South divide and put also polluters like South Africa on the spot.

37. Quoted in Patel K, ‘Zuma at ANC Manifesto forum: the courts have spoken on eTolls, people must obey’, Daily Maverick, 22 October 2013 http://www.dailymaverick.co.za/article/2013-10-22-zuma-at-anc-manifesto-forum-the-courts-have-spoken-on-etolls-people-must-obey/#.UmbMZiTrbdI (accessed 20 March 2014).

38. Zuma J, Address to the High Level Meeting of the 67th Session of the General Assembly on the Rule of Law at the National and International Levels. UN Headquarters in New York, 24 September 2012, http://www.dfa.gov.za/docs/speeches/2012/jzum0924a.html

39. Pillay N, Statement at the High Level Meeting on the Rule of Law at the National and International Level. New York, 24 September 2012, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID = 12572&LangID = e

40. Zuma J, Address on the Occasion of the Joint Sitting of Parliament, to Pay Tribute and Bid Farewell to Dr. Nkosazana Dlamini-Zuma, the African Union Commission Chairperson, Cape Town, 19 September 2012, http://www.thepresidency.gov.za/pebble.asp?relid = 6775

41. See Obote Odora A, ‘International criminal justice in the shadow of politics’, in Melber H & M Schoeman (eds), The United Nations and Regional Challenges in Africa — 50 Years After Dag Hammarskjöld. Uppsala: The Dag Hammarskjöld Foundation, 2011 (Development Dialogue, no. 57), pp. 77–107; Hansungule M, ‘How to tackle impunity — A comment’, in in Melber H & M Schoeman (eds), The United Nations and Regional Challenges in Africa — 50 Years After Dag Hammarskjöld. Uppsala: The Dag Hammarskjöld Foundation, 2011 (Development Dialogue, no. 57), pp. 108–122; Heinrich Böll Stiftung, A Fractious Relationship: Africa and the International Criminal Court. Cape Town: Heinrich Böll Foundation, 2012 (Perspectives, no. 1.12).

42. Fritz N, South Africa's role in Global Promotion of Rule of Law: ‘Neither Here nor There’, South African Foreign Policy Initiative (SAFPI), SAFPI Policy Brief, no. 12, September 2012, p. 3.

43. le Pere G, M Pressend, M Ruiters & S Zondi, South Africa's Participation in the System of Global Governance. A Review prepared for the Presidency's Fifteen Year Review. Midrand: Institute for Global Dialogue, February 2008, p. 10.

44. From his address before the Academic Association of the University of Lund delivered on 4 May 1959, as quoted in Cordier A W & W Foote (eds), Public Papers of the Secretaries-General of the United Nations. Volume IV: Dag Hammarskjöld 1958–1960, (selected and edited with commentary). New York: Columbia University Press, 1974, p. 384.

45. Cordier A W & W Foote (eds), Public Papers of the Secretaries-General of the United Nations. Volume III: Dag Hammarskjöld 1956–1957. New York: Columbia University Press, 1973, p. 309.

46. Cordier A W & W Foote (eds), Public Papers of the Secretaries-General of the United Nations. Volume V: Dag Hammarskjöld 1960–1961. New York: Columbia University Press, 1975, p. 139.

47. See the contributions to Stahn C & H Melber (eds), Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld. Cambridge: Cambridge University Press, 2014.

48. Westra L, Human Rights: The Commons and the Collective. Vancouver, BC: UBC Press, 2011, p. 263.

49. ‘Celebrating 19 years of South Africa's foreign policy’, Public Lecture by Deputy Minister of International relations and Cooperation, H. E. Mr Ebrahim I Ebrahim, South African Institute of International Affairs (SAIIA), 4 July 2013, http://www.safpi.org/news/article/2013/dep-min-ebrahim-celebrating-19-years-south-africa-s-foreign-policy.

50. Roth K, ‘A facade of action. The misuse of dialogue and cooperation with rights abusers’, in World Report 2011. Events of 2010. New York: Human Rights Watch, 2011, pp. 1–22.

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