Speculation over Zimbabwe’s invitation to UN
17 May 2012 11:58 – Webster Zambara
A highly anticipated visit by human rights commissioner, Navi Pillay, to
Zimbabwe could have some welcome consequences, writes Webster Zambara.
To the optimist, the confirmation that United Nations’ human rights
commissioner Navi Pillay will officially visit Zimbabwe marks the beginning
of a new era in a country that not only has a chequered human rights record,
but also had a major falling-out with this UN office.
In October 2009 Manfred Nowak, then-UN special rapporteur on torture, cruel,
inhumane or degrading treatment and punishment (appointed by the UN’s human
rights council), was unable to conduct a fact-finding mission after he was
deported from Zimbabwe.
The incident coincided with Prime Minister Morgan Tsvangirai’s claim that
his Movement for Democratic Change had “disengaged” from President Robert
Mugabe’s Zanu-PF – citing human rights violations and persistent breaches of
the frosty power-sharing agreement between the parties.
Relations between Zimbabwe and the UN were also thorny in October last year
when Mugabe cancelled a trip to Geneva in protest against the denial of
visas to his wife, Grace, and six top aides for an International
Telecommunications Union summit on information and technologies.
So, to hear that Zimbabwe has finally extended an invitation to Pillay is an
interesting development. In fact, it was initially extended in February, but
she could not make it then because of other commitments.
Inclusive government
There is no doubt that the human rights situation in Zimbabwe has improved
considerably over the period of inclusive government, compared with the
period leading to its formation.
Had Pillay visited in February, she would have found the situation was
nearing normalcy. Diamond watchdog the Kimberley Process had approved gems
from the Marange diamond fields and the European Union had removed certain
individuals and companies from its sanctions list.
However, the political temperature has risen since then as a result of the
pending constitutional referendum and prospects of elections to end the
unity government’s barren “marriage of convenience”.
The timing of Pillay’s visit now is the subject of much speculation and
certainly will not be devoid of controversy.
Minister of Justice and Legal Affairs Patrick Chinamasa, who invited
Pillay, could have spilled the beans. He was quoted by the state media as
saying he had “warned her in advance that news of her coming to Zimbabwe
would trigger negative stories to colour her appreciation of the situation”.
Crimes against humanity
His comments were made when he dismissed a recent North Gauteng High Court
judgment that wanted Pretoria to investigate Zimbabwean officials for
alleged “crimes against humanity”, charging that the landmark ruling brought
the South African justice system “into disrepute”.
Chinamasa said the ruling was part of a regime-change agenda that aimed to
put Zimbabwe in the spotlight ahead of Pillay’s visit.
Such pronouncements, sadly, can be viewed as an attempt to pre-empt the
commissioner’s findings – a scenario that exposes Zanu-PF’s defensive
position should they be unfavourable. It would seem that Chinamasa has drawn
the battle lines too soon.
As human rights chief, Pillay has had her work cut out for her. After a
visit to Syria in August last year she encouraged the UN Security Council to
refer the country to the International Criminal Court for an investigation
into, and possible prosecution of, individuals alleged to have committed
crimes against humanity.
She followed her visit with a full international commission of inquiry to
interview witnesses and gather evidence. Her report found that the Syrian
army and security forces were guilty of crimes against humanity in their
repression of a largely civilian population. These included murder, torture,
rape and arbitrary detention.
Pillay’s visit
It was not surprising then when Syrian President Bashar al-Assad refuted the
findings and claimed that the UN was not a credible organisation.
A similar pattern was followed when Pillay visited Palestine’s occupied
territories. She ordered that the settlements “should be stopped altogether”
because they violated human rights. She went on to establish an
international committee to investigate the implications of the Israeli
settlements on the civil, political, economic and cultural rights of the
Palestinian people.
It was at this point that Israel refused to co-operate with the human rights
council, barring the proposed fact-finding mission from entering the West
Bank because of what Israel perceived as a pro-Palestinian bias by the UN.
During her five-day mission starting on May 20, the South African born
Pillay will hold meetings with Mugabe, Tsvangirai, government ministers, the
chief justice, the speaker of Parliament, the president of the Senate, the
Zimbabwean Human Rights Commission and members of civil society.
Her itinerary also includes a possible visit to the Marange diamond fields.
There could be no better time for a country preparing for a constitutional
referendum and general elections to invite a high-profile commissioner such
as Pillay.
Her visit could lead to further appropriate steps being taken to improve the
human rights situation in Zimbabwe. In this regard, it could provide the
crossover to a new and progressive human rights culture.
Webster Zambara is a senior project leader for Southern Africa at the
Institute for Justice and Reconciliation, South Africa