Some Reflections of
Professor Surya P. Subedi KC
Published on 9 December 2022
My mission in life has always been, and will remain, to promote fairness in international relations; to strengthen the rules-based international order; and to advance human rights both nationally and internationally. I believe in universalism: accepting all human beings as one family, respecting people’s personal liberty and upholding liberal values in social interactions.
I have always been passionate about human rights. Fighting for democracy in my native country Nepal in the late 1970s, I was elected as a student leader and was imprisoned for challenging the country’s one-party system of government. I turned to human rights for guidance and protection, asking: what rights did I have under international human rights law? What legal remedies could I leverage against my detention in jail without trial? How could the UN support the struggle for democracy in Nepal? Since those early student days, my mission has been to advance human rights and champion their adoption worldwide to the benefit of all. My seminal research in the field as a leading professor of international law in the UK and my distinguished tenure as UN Special Rapporteur for Human Rights in Cambodia—which involved addressing everyday violations of human rights in the country—reflect an academic and professional background which is deeply embedded in human rights.
Human rights are guaranteed for all under international human rights law; but while the objective of human rights law is universal, the practice is not. Sadly, many people around the globe still suffer from systematic violations of their human rights. The effectiveness of the law is best judged not by whether it is breached in the first place, but rather by whether the relevant enforcement mechanisms can adequately address such violations when they occur. I believe the challenge for us today is to chart a path of reform so that the shortcomings of the current rules-based international system are addressed, and the UN human rights system can evolve in a way that keeps pace with the political changes taking place in the world.
I have outlined my ideas for a modern vision of the UN that would operate more effectively in today’s multipolar world in my internationally acclaimed book The Effectiveness of the UN Human Rights System: Reform and the Judicialisation of Human Rights (2017).
I am motivated by a desire to make a difference to people’s lives and am determined to continue assisting people and institutions to help ensure that everybody on this planet can enjoy their human rights and fundamental freedoms in societies founded on the values of universalism, non-discrimination, tolerance, cohesion and fraternity. International human rights law has abundant potential to alleviate suffering around the world. Thus, through my academic work, I have endeavoured to define, develop and enhance this tool, which I have also applied to the best of my abilities in my many hands-on engagements to promote human rights. Serving as the UN Special Rapporteur for Human Rights in Cambodia for six years, I was able to bring about tangible change by breaking a protracted and violent political deadlock between the government and the opposition party, convincing them to work together towards electoral and judicial reform. In Nepal, I was at the intellectual forefront of the campaign for the restoration of democracy and served time in prison during the struggle for democracy and human rights. I later also assisted the Prime Minister and other political leaders in resolving a ten-year Maoist conflict and in writing a new democratic constitution.
Whether it was working for the Government of Nepal in my previous career or as the UN Special Rapporteur for human rights in Cambodia or as an advisor on human rights to the British Foreign Secretary I felt that there was some degree of tension between the human rights agenda and government objectives. One can overcome this challenge mainly by maintaining one’s objectivity, impartiality and independence and remaining as a lawyer loyal to the rule of law, whether nationally and internationally. When I began my work in Cambodia in 2009, I initially had a difficult time with the Government. But I was later able to command their respect for developing and successfully employing a constructive approach, i.e., offering suggestions to governments when criticising their record of human rights. When I took a macro rather than a micro approach to tackling human rights problems in Cambodia and gave constructive recommendations in this regard, the Government was willing to cooperate with me. With regard to my experience of work with the British Foreign Secretary, it was pleasant and productive. Of course, as they say, ‘advisers advise and ministers decide’ and it was no different with the then Foreign Secretary: the Rt Hon William Hague (now Lord Hague). But being a very knowledgeable and erudite person himself, he always was willing to listen to our advice, alternative views and sometimes even critical views and was respectful to us.
The advice that I can share with younger scholars and recent graduates seeking to develop a legal career in public international law and international human rights law is that the world is yours if you apply yourself fully to the task ahead. There are not many things that are impossible in life—the world has opened up so much that whether it is the UN or other international organisations, they will value you if you are an open minded, sincere and committed person. My advice is that if you do good to the world you will be doing good to yourself. Your time at your current institution should be an opportunity to develop yourself as a good global citizen willing to rise to any challenge and I am confident that you will succeed in life, and I wish you all the best. If you wish to know more about my background, the highs and lows in my life and the contribution that I have made to international law and human rights, please refer to my autobiography or memoir entitled The Workings of Human Rights, Law, and Justice: A Journey from Nepal to Nobel Nominee (Routledge, London/New York, 2022).