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South Africa: SA Judge Accepts UNHCR Nomination
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Cape Argus (Cape Town)
22 July 2008
Posted to the web 23 July 2008
Joe Lauria
Durban-born Navanethem Pillay has been notified of her nomination as the new UN Human Rights Commissioner, despite American reservations.
Michelle Montas, UN chief spokesperson, said on Monday a nomination to the position had been made. She did not name Pillay, but UN officials privately said Pillay had accepted the post.
A formal announcement won't come until Tuesday or Wednesday and still has to be ratified by the UN General Assembly. UN officials said not all UN member nations had been informed yet, noting that the delay was not because of US criticism.
The officials did not believe the US would block Pillay's confirmation in the General Assembly, which Washington could do, as approval is by consensus, not a vote.
"They won't block it (Washington) is just registering its concerns," a UN official said.
US Ambassador Zalmy Khalilzad said he would not comment on Pillay until she was formally announced as Secretary General Ban Ki-Moon's choice. But he laid out the qualifications Washington expected.
"We want a Human Rights Commissioner that is committed to human rights, that will focus on real violations of human rights, that is authoritative, that has a record of speaking and working for (human rights) and has the relevant experience in those domains," Khalilzad said in answer to a question posed by Independent Newspapers.
A US diplomat later gave a backhanded compliment to Pillay, indicating the US would grudgingly accept her nomination.
"We feel the Human Rights Commission is a tragically flawed body and we wish her the best of luck in righting a ship that has gone badly off course," the diplomat said.
According to the New York Times, the US is critical of a South African getting the post because of President Mbeki's stance on Zimbabwe and because of the 2001 Durban conference on racism, which Washington found controversial at the time.
The newspaper report came as US-South African relations are strained over Zimbabwe. A week ago Khalilzad sharply criticised South Africa for orchestrating a veto by Russia and China of a sanctions resolution against top Zimbabwean officials.
The US envoy blasted President Mbeki for "protecting the horrible regime in Zimbabwe", saying he was "out of touch with the trends inside his country".
South African officials in New York would not comment on Pillay's appointment until they were officially notified. But privately some diplomats expressed surprise at reports of US objections.
A diplomat familiar with South Africa's thinking said: "What does she have to do with the Durban conference other than that she was born in Durban?"
Referring to the agreement between Zanu-PF and the Movement for Democratic Change reached yesterday, the official said: "Look at the headlines today, isn't South Africa being vindicated, at least for now? For the first time in 10 years the two parties in Zimbabwe have met."
Pillay's critics question whether she will publicly shame governments that abuse human rights, such as Zimbabwe, especially if it conflicts with South Africa's position.
As someone who might rely more on quiet diplomacy than public pronouncements, the US may find itself with a Human Rights Commissioner less outspoken than Pillay's predecessor, Louise Arbour of Canada.
Arbour put pressure on the US State Department and the White House to close down Guantanamo Bay prison camp. But when she did not get results, Arbour spoke out against the UN's most powerful member. She also implicitly criticised Israel's conduct in its 2007 war against Lebanon.
Pillay, on the other hand, is seen to favour a quieter approach to put pressure on governments to end human rights violations.
Taina Bien-Aimé, executive director of Equality Now, the women's rights group, which Pillay co-founded in 1992, said Pillay wouldn't hesitate to stand up to governments, including South Africa's, to defend human rights.
Bien-Aimé pointed out that in 1973 Pillay succeeded in a case against the commanding officer of Robben Island Prison, allowing political prisoners, including Nelson Mandela, to have legal representation.
Pillay also codified rape as a war crime when she was president of the International Criminal Tribunal for Rwanda from 1995 to 1999.
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In her current position as a judge on the International Criminal Court, Bien-Aimé believes Pillay influenced the indictment last week of Omar al-Bashir, Sudan's president, for using rape as a war crime.
Our loss; their gain.
Navi Pillay is a truly fine choice as High Commissioner for Human Rights. Her human rights credentials are unquestionable. She brings to the role the benefit of experience as both an activist and a jurist as well as a deep understanding of and commitment to women's human rights, which remains hard-fought territory in the United Nations and the global human rights community.
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