​Although South Africa has often played an important role in a number of pressing human rights issues, its engagement with international human rights law is a cause for concern.

This is according to former United Nations (UN) High Commissioner for Human Rights Judge Navi Pillay who delivered the 15th Annual Human Rights Lecture at the Faculty of Law at Stellenbosch University (SU) on Thursday (20 May 2021). The lecture, which was presented virtually, formed part of the Law Faculty's Centenary celebrations and was organised by the HF Oppenheimer Chair in Human Rights Law at SU, Prof Sandy Liebenberg, together with the Dean of the Faculty of Law, Prof Nicola Smit.

In her speech, Pillay tried to prove that South Africa hasn't always put its money where its mouth is when it comes to adhering to the principles of international human rights law.

“Our engagement with the current constellation of international human rights institutions has been diverse; positive in some instances and questionable in others. South Africa's record of interventions for the protection of human rights within UN bodies is inconsistent and often at odds with our constitutional principles of human rights and justice for victims."

Pillay added that while South Africa has ratified all major UN human rights treaties, it did vote against certain recent UN resolutions that seek to protect people against violence and discrimination.

“South Africa has resorted to avoidance tactics to refrain from supporting human rights protection measures in the context of conflicts, even when UN agencies and civil society organisations have produced credible evidence of massive violations of international human rights law and international humanitarian law."

Pillay said that during her time as High Commissioner, it had been painful for her to watch our government failing to react to the extensive investigations and reports from her office of massive civilian killings, sexual violence and forced displacement during armed conflict in countries such as Syria, Iraq, Sudan and Sri Lanka.

“South Africa could do more for those facing chemical weapons attacks in Syria, genocide in Sudan, or ethnic cleansing elsewhere."

She added that during South Africa's first tenure as a non-permanent member of the Security Council, it did not support resolutions condemning human rights abuses in Zimbabwe and Myanmar.

Pillay did point out, however, that despite these shortcomings, we could not ignore South Africa's role in peacebuilding, mediation and reconstruction efforts in conflict-ridden areas in Africa.

“South Africa plays an important role in UN bodies and the African Union, while supporting and contributing towards the peace and security structures in both of these institutions. South Africa's crucial contribution to saving civilian lives in conflicts in Africa cannot be underestimated."

Pillay called upon South Africa to remain committed to making human rights an incontrovertible and unimpeachable part of its law and its politics.

She urged our government to adhere to its stated commitments to constitutional rights and values, and promises of their implementation given that human rights and democratic values are the founding principles of our Constitution.

“South Africa must play a role in increasing the authority of the Security Council in the field of human rights, and curtailing the use of the veto in situations of mass human rights violations," Pillay said.

• ​Photo of Judge Navi Pillay courtesy of Wikimedia Commons