Navanetham Pillay
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Navanethem "Navi" Pillay (born 23 September 1941) is a
South African __NOTOC__ South African may relate to: * The nation of South Africa * South African Airways * South African English * South African people * Languages of South Africa * Southern Africa Southern Africa is the southernmost subregion of the Afric ...
jurist who served as the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
from 2008 to 2014. A South African of
Indian Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asia ...
Tamil Tamil may refer to: * Tamils, an ethnic group native to India and some other parts of Asia ** Sri Lankan Tamils, Tamil people native to Sri Lanka also called ilankai tamils **Tamil Malaysians, Tamil people native to Malaysia * Tamil language, nati ...
origin, she was the first non-white woman judge of the
High Court of South Africa The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical ...
, and she has also served as a judge of the International Criminal Court and President of the International Criminal Tribunal for Rwanda. Her four-year term as High Commissioner for Human Rights began on 1 September 2008 and was extended an additional two years in 2012. She was succeeded in September 2014 by Prince Zeid bin Ra'ad. In April 2015 Pillay became the 16th Commissioner of the International Commission Against the Death Penalty. She is also one of the 25 leading figures on the Information and Democracy Commission launched by
Reporters Without Borders Reporters Without Borders (RWB; french: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization with the stated aim of safeguarding the right to freedom of information. It describes its advocacy as found ...
.


Background

Pillay was born in 1941 in a poor neighborhood of
Durban Durban ( ) ( zu, eThekwini, from meaning 'the port' also called zu, eZibubulungwini for the mountain range that terminates in the area), nicknamed ''Durbs'',Ishani ChettyCity nicknames in SA and across the worldArticle on ''news24.com'' from ...
,
Natal Province The Province of Natal (), commonly called Natal, was a province of South Africa from May 1910 until May 1994. Its capital was Pietermaritzburg. During this period rural areas inhabited by the black African population of Natal were organized into ...
,
Union of South Africa The Union of South Africa ( nl, Unie van Zuid-Afrika; af, Unie van Suid-Afrika; ) was the historical predecessor to the present-day Republic of South Africa. It came into existence on 31 May 1910 with the unification of the Cape, Natal, Trans ...
.''
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was estab ...
'' (28 July 2008).
FACTBOX-South Africa's Pillay is new human rights chief
. Retrieved on 30 July 2008.
She is of
Indian Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asia ...
Tamil Tamil may refer to: * Tamils, an ethnic group native to India and some other parts of Asia ** Sri Lankan Tamils, Tamil people native to Sri Lanka also called ilankai tamils **Tamil Malaysians, Tamil people native to Malaysia * Tamil language, nati ...
descent and her father was a bus driver. She married Gaby Pillay, a lawyer, in January 1965.Interview with Vino Reddy
(11 August 2002). ''Voices of Resistance''. Retrieved on 30 July 2008.
She has two daughters. Supported by her local Indian community with donations,Maggie Farley (26 July 2008).

. ''
The Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper ...
''. Retrieved on 30 July 2008.
she graduated from the University of Natal with a BA in 1963 and an
LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the China, People's Republic ...
in 1965.Paul Walters (1 April 2005)
Citation for honorary doctorate, Rhodes University
. Retrieved on 30 July 2008.
She later attended
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, obtaining an
LLM A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
in 1982 and a Doctor of Juridical Science degree in 1988. Pillay is the first South African to obtain a doctorate in law from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
.Emily Newburger (Spring 2006).
The bus driver's daughter
. ''Harvard Law Bulletin''. Retrieved on 30 July 2008.


Legal career

In 1967, Pillay became the first non-white woman to open her own law practice in
Natal Province The Province of Natal (), commonly called Natal, was a province of South Africa from May 1910 until May 1994. Its capital was Pietermaritzburg. During this period rural areas inhabited by the black African population of Natal were organized into ...
. She says she had no other alternative: "No law firm would employ me because they said they could not have white employees taking instructions from a coloured person".Jonah Fisher (28 July 2008).
Profile: New UN human rights chief
. ''
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadca ...
''. Retrieved on 30 July 2008.
As a non-white lawyer under the
Apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
regime, she was not allowed to enter a judge's chambers. During her 28 years as a lawyer in
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, she defended anti-Apartheid activists and helped expose the use of
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
and poor conditions of political detainees. When her husband was detained under the
Apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
laws, she successfully sued to prevent the police from using unlawful methods of interrogation against him. In 1973, she won the right for political prisoners on
Robben Island Robben Island ( af, Robbeneiland) is an island in Table Bay, 6.9 kilometres (4.3 mi) west of the coast of Bloubergstrand, north of Cape Town, South Africa. It takes its name from the Dutch word for seals (''robben''), hence the Dutch/Afrik ...
, including
Nelson Mandela Nelson Rolihlahla Mandela (; ; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist who served as the President of South Africa, first president of South Africa from 1994 to 1 ...
, to have access to lawyers. She co-founded the Advice Desk for the Abused and ran a shelter for victims of domestic violence. As a member of the Women’s National Coalition, she contributed to the inclusion in South Africa’s Constitution of an equality clause prohibiting discrimination on the grounds of race, religion and sexual orientation. In 1992, she co-founded the international women's rights group Equality Now. In 1995, the year after the
African National Congress The African National Congress (ANC) is a Social democracy, social-democratic political party in Republic of South Africa, South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when ...
came to power, Mandela nominated Pillay as the first non-white woman to serve on the
High Court of South Africa The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical ...
. She noted that "the first time I entered a judge's chambers was when I entered my own." Her tenure on the High Court was short, however, as she was soon elected by the
United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
to serve as a judge at the International Criminal Tribunal for Rwanda (ICTR). She served for eight years, including four years as president.
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
.
Judge Navanethem Pillay
". Retrieved on 30 July 2008.
She was the only female judge for the first four years of the tribunal.Katy Glassborow (26 July 2006).
Apartheid Legacy Haunts ICC Appeals Judge
. Institute for War and Peace Reporting. Retrieved on 30 July 2008.
Her tenure on the ICTR is best remembered for her role in the landmark trial of Jean-Paul Akayesu, which established that
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
and
sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
could constitute acts of
genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...
. International Criminal Tribunal for Rwanda (1999)
Fourth annual report to the United Nations
. Retrieved on 30 July 2008.
Pillay said in an interview, "From time immemorial, rape has been regarded as spoils of war. Now it will be considered a war crime. We want to send out a strong signal that rape is no longer a trophy of war."Bill Berkeley (11 October 1998). "Judgment Day". ''
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' Sunday Magazine, p. W10.
In February 2003, she was elected to the first ever panel of
judges of the International Criminal Court The eighteen judges of the International Criminal Court (ICC) are elected for nine-year terms by the member-countries of the court. Candidates must be nationals of those countries and they must "possess the qualifications required in their respe ...
and assigned to the Appeals Division. She was elected to a six-year term, but resigned in August 2008 in order to take up her position with the UN.International Criminal Court (30 July 2008)
''Resignation of Judge Navanethem Pillay ''
. Retrieved on 30 July 2008.


High Commissioner for Human Rights

On 24 July 2008, UN Secretary-General
Ban Ki-moon Ban Ki-moon (; ; born 13 June 1944) is a South Korean politician and diplomat who served as the eighth secretary-general of the United Nations between 2007 and 2016. Prior to his appointment as secretary-general, Ban was his country's Minister ...
nominated Pillay to succeed Louise Arbour as
High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
.John Heilprin (24 July 2008).
South Africa lawyer nominated as UN rights chief
. The
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
. Retrieved on 30 July 2008.
The United States reportedly resisted her appointment at first, because of her views on
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
and other issues, but eventually dropped its opposition.Louis Charbonneau (28 July 2008).
U.N. assembly confirms S.African as human rights chief
. ''
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was estab ...
''. Retrieved on 20 April 2009.
At a special meeting on 28 July 2008, the
UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
confirmed the nomination by consensus.
Office of the United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
(2008).
Navanethem Pillay confirmed as new High Commissioner for Human Rights
. Retrieved on 30 July 2008.
Her four-year term began on 1 September 2008. Pillay says the High Commissioner is "the voice of the victim everywhere." In 2012, she was given a two-year second term. She also signed a document "BORN FREE AND EQUAL", a document on
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
in
international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
as High Commissioner. Pillay voiced support for a gay rights resolution in the UNHRC, which was approved in 2011. At a news conference in July 2014, she referred to
Edward Snowden Edward Joseph Snowden (born June 21, 1983) is an American and naturalized Russian former computer intelligence consultant who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and su ...
as a "human rights defender" and said, "I am raising right here some very important arguments that could be raised on his behalf so that these criminal proceedings are averted." In August 2014, she criticized the international community over its "paralysis" in dealing with the more than three-year old Syrian Civil War, which by 30 April 2014 had resulted in 191,369 deaths.


Awards

In 2003, Pillay received the inaugural
Gruber Prize for Women’s Rights The Gruber Prize for Women's Rights, established in 2003, was one of five international prizes worth US$500,000 awarded by The Peter and Patricia Gruber Foundation, an American non-profit organization. The Peter and Patricia Gruber Foundation Wom ...
. She has been awarded honorary degrees by * Durban University of Technology - the University based in her hometown of
Durban Durban ( ) ( zu, eThekwini, from meaning 'the port' also called zu, eZibubulungwini for the mountain range that terminates in the area), nicknamed ''Durbs'',Ishani ChettyCity nicknames in SA and across the worldArticle on ''news24.com'' from ...
,
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, *
Durham University , mottoeng = Her foundations are upon the holy hills (Psalm 87:1) , established = (university status) , type = Public , academic_staff = 1,830 (2020) , administrative_staff = 2,640 (2018/19) , chancellor = Sir Thomas Allen , vice_chan ...
,Durham University (15 May 2007).
Honorary degrees for remarkable achievement
." Retrieved on 30 July 2008.
* the City University of New York School of Law,
CUNY , mottoeng = The education of free people is the hope of Mankind , budget = $3.6 billion , established = , type = Public university system , chancellor = Fél ...
Newswire (25 May 2006).
CUNY Commencement 2006
". Retrieved on 30 July 2008.
*
the London School of Economics , mottoeng = To understand the causes of things , established = , type = Public research university , endowment = £240.8 million (2021) , budget = £391.1 millio ...
, Rhodes University, * the University of Leuven,Laudatio KU Leuven
". Retrieved on 1 September 2014.
* the Erasmus University Rotterdam.Mandeville Lecture
. Retrieved on 9 June 2016.
In 2009, ''
Forbes ''Forbes'' () is an American business magazine owned by Integrated Whale Media Investments and the Forbes family. Published eight times a year, it features articles on finance, industry, investing, and marketing topics. ''Forbes'' also re ...
'' ranked her as the 64th most powerful woman in the world. In 2009, she received the Golden Plate Award of the American Academy of Achievement presented by Awards Council member Archbishop Desmond Tutu at an awards ceremony at St. George’s Cathedral in Cape Town, South Africa.


Controversies

Her criticism of the Sri Lankan government, in alleging human rights violations and atrocities committed by them against Tamil civilians at the end of the Sri Lankan civil war, has led the government and its supporters to apportion her own Tamil descent as the only reason for her criticism, a claim she strongly denies. In a speech on 8 June 2012, Pillay blacklisted the provincial government of
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
in Canada for human rights violations concerning the rights to peaceful protest and free expression for its student protesters, specifically in Canada. The reaction from human rights NGOs was mixed. Quebec official sources criticised Pillay for comparing Quebec with areas known to have worse records. Pillay's call in 2012 for the suspension of sanctions against the
Mugabe Robert Gabriel Mugabe (; ; 21 February 1924 – 6 September 2019) was a Zimbabwean revolutionary and politician who served as Prime Minister of Zimbabwe from 1980 to 1987 and then as President from 1987 to 2017. He served as Leader of the Z ...
regime in
Zimbabwe Zimbabwe (), officially the Republic of Zimbabwe, is a landlocked country located in Southeast Africa, between the Zambezi and Limpopo Rivers, bordered by South Africa to the south, Botswana to the south-west, Zambia to the north, and Mozam ...
was criticised by Zimbabwean civil society groups who accused the Zimbabwean government of manipulating Pillay to overlook the human rights violations committed by the government. Her contribution to the
2001 Durban Conference on racism The 2001 World Conference against Racism (WCAR), also known as Durban I, was held at the Durban International Convention Centre in Durban, South Africa, under UN auspices, from 31 August to 8 September 2001. The conference covered several con ...
, the
Goldstone report Goldstone may refer to: Places *Goldstone, Shropshire, a small village in Shropshire, England *Goldstone, California, a ghost town near the Goldstone Deep Space Communications Complex * Goldstone Lake, a dry lake in the Mojave Desert of San Berna ...
, and her steering of the UN Human Rights Council have been criticized as unjust by ''
The Jerusalem Post ''The Jerusalem Post'' is a broadsheet newspaper based in Jerusalem, founded in 1932 during the British Mandate of Palestine by Gershon Agron as ''The Palestine Post''. In 1950, it changed its name to ''The Jerusalem Post''. In 2004, the paper w ...
''. Pillay's claim that Israel was engaged in the "apparent targeting of …children playing", on 23 July 2014, a charge previously denied by IDF spokesmen, has been described by
Anne Bayefsky Anne Bayefsky is a lawyer, scholar and activist who currently directs the Touro College Institute on Human Rights and the Holocaust. She is a Fox News opinion writer, and an author and editor on several websites. Career Bayefsky holds a B.A., M.A. ...
as "incitement to hate". After reviewing heavy US contribution to the Iron Dome program, her call for better defence for Gaza, "No such protection has been provided to Gazans against the shelling" has been described by one critic in ''
Tablet Tablet may refer to: Medicine * Tablet (pharmacy), a mixture of pharmacological substances pressed into a small cake or bar, colloquially called a "pill" Computing * Tablet computer, a mobile computer that is primarily operated by touching the s ...
'' magazine as a "hilariously delicious absurdity". On 25 July 2014, the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
published a letter addressed to Pillay by over 100 members in which the signatories asserted that the Human Rights Council "cannot be taken seriously as a human rights organisation" over their handling of the
2014 Israel–Gaza conflict The 2014 Gaza War, also known as Operation Protective Edge ( he, מִבְצָע צוּק אֵיתָן, translit=Miv'tza Tzuk Eitan, ), was a military operation launched by Israel on 8 July 2014 in the Gaza Strip, a Palestinian territories, Pale ...
. In July 2022 Pillay defended
Miloon Kothari Miloon Kothari is a scholar and activist who served from 2000 to 2008 as the United Nations Special Rapporteur on adequate housing with the Human Rights Council. Since 2015, he has been the President of UPR Info. He was convener of the Workin ...
, a member of the
Permanent United Nations Fact Finding Mission on the Israel Palestine conflict Following the 2021 Israel–Palestine crisis, the United Nations Human Rights Council voted on 27 May 2021 to set up a United Nations fact-finding mission to investigate possible war crimes and other abuses committed in Israel and the occupied Pal ...
who questioned Israel's right to be a UN member state and alluded to a "Jewish lobby controlling social media," which prompted condemnation by Israel, Britain and United States. Pillay claimed that Kothari's comments were taken out of context.


See also

*
First women lawyers around the world This is a list of the first women lawyer(s) and judge(s) in each country. It includes the year in which the women were admitted to practice law (in parentheses). Also included are the first women in their country to achieve a certain distinction su ...


References

{{DEFAULTSORT:Pillay, Navanethem People from Durban South African people of Tamil descent South African people of Indian descent International Criminal Court judges South African women's rights activists Harvard Law School alumni Presidents of the International Criminal Tribunal for Rwanda United Nations High Commissioners for Human Rights 1941 births Living people South African women judges Under-Secretaries-General of the United Nations South African judges of United Nations courts and tribunals South African judges of international courts and tribunals Commanders Crosses of the Order of Merit of the Federal Republic of Germany