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The UN Human Rights Special Rapporteurs and the Impact of their Work: Some Reflections of the UN Special Rapporteur for Cambodia

Published online by Cambridge University Press:  01 December 2015

Surya P. SUBEDI
Surya P. SUBEDI*
Affiliation:
University of Leeds, the United Kingdoms.p.subedi@leeds.ac.uk
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Abstract

As one of only twelve UN country-specific mandate holders, and as the longest-serving UN Special Rapporteur for Human Rights in Cambodia, my work has had a significant impact on the situation of human rights in that country, with many of my recommendations having been implemented by the government. The Parliament of Cambodia has enacted three fundamental laws designed to enhance the independence and capacity of the judiciary, and has amended the Constitution of the country to make the National Election Commission a constitutional, independent, and autonomous body, in line with my recommendations. In this paper I examine the role of the UN country-specific mandate holders, the approach that I took to implement my mandate in Cambodia, and the impact of my work in that country.

Type
Invited Article
Information
Asian Journal of International Law , Volume 6 , Issue 1 , January 2016 , pp. 1 - 14
Copyright
© Asian Journal of International Law 2015 

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Footnotes

*

LLB (Tribhuvan); LLM with Distinction (Hull); DPhil (Oxford); OBE; Professor of International Law, University of Leeds, and a practising barrister in England. The author was the UN Special Rapporteur for Human Rights in Cambodia between 2009 and 2015. This paper is based on a public lecture entitled “Life as a UN Special Rapporteur” that he delivered at the University of Leeds on 5 May 2015, and on a lecture on a similar topic at the Faculty of Law, All Souls College, the University of Oxford, on 14 May 2015.

References

1. See generally ALSTON, Philip, “Hobbling the Monitors: Should U.N. Human Rights Monitors be Accountable?” (2011) 52 Harvard International Law Journal 561Google Scholar; WEISSBRODT, David, “The Three ‘Theme’ Special Rapporteurs of the UN Commission on Human Rights” (1986) 80 American Journal of International Law 685CrossRefGoogle Scholar; COOK, Helena M., “The Role of the Special Procedures in the Protection of Human Rights: The Way Forward After Vienna” (1993) 50 Review of the International Commission of Jurists 31 at 31–55Google Scholar; BOSSUYT, Marc J., “The Development of Special Procedures of the United Nations Commission on Human Rights” (1985) 6 Human Rights Law Journal 179 at 179–210Google Scholar; SUBEDI, Surya P., “Protecting Human Rights Through the Mechanism of UN Special Rapporteurs” (2011) 33 Human Rights Quarterly 201 at 201–228CrossRefGoogle Scholar.

2. UN Office of the High Commissioner for Human Rights, “OHCHR Report 2013” (May 2014), online: UN Office of the High Commissioner for Human Rights <http://www2.ohchr.org/english/OHCHRReport2013/WEB_version/allegati/downloads/1_The_whole_Report_2013.pdf> at 94–6.

3. See generally Surya SUBEDI, P., “Human Rights Experts in the United Nations: A Review of the Role of the United Nations Special Procedures” in Monika AMBRUS, Karin ARTS, Ellen HEY, and Helena RAULUS, eds., The Role of ‘Experts’ in International and European Decision-Making Processes (Cambridge: Cambridge University Press, 2014), at 241–262CrossRefGoogle Scholar.

4. LIMON, Marc and PICCONE, Ted, “Human Rights Special Procedures: Determinants of Influence”, Brookings Institution, Policy Report, March 2014, at 23Google Scholar.

5. The Paris Peace Accords of 1991 consist of the following main agreements concluded by nineteen countries, which included all major powers of the day, the neighbouring countries of Cambodia, some regional powers, and other states which had a significant interest in Cambodia: The Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, the Agreement Concerning the Sovereignty, Independence, Territorial Integrity and Inviolability, Neutrality and National Unity of Cambodia, the Declaration on the Rehabilitation and Reconstruction of Cambodia, and Annexes 1 to 5 to the Paris Peace Accords. See United States Institute of Peace, “Peace Agreements: Cambodia” (February 2000), online: United States Institute of Peace <www.usip.org/library/pa/cambodia/agree_comppol_10231991.html>.

6. Report of the Special Rapporteur on the Situation of Human Rights in Cambodia, Report of the Fifteenth Session of the United Nations General Assembly Human Rights Council, finalized by Surya P. SUBEDI, UN Doc.A/HRC/15/46 (2010).

7. For instance, Foreign Minister Hor Nam Hong responded publicly in some detail through a media interview to my work and my recommendations in January 2015: “Hor Nam Hong: By Keeping UN in Cambodia, We Want Further Enhancement of Democracy and Human Rights” Kampuchea Thmey Daily Newspaper (25–26 January 2015).

8. For instance, Lady Catherine Ashton, the head of EU’s Foreign Affairs Division (High Representative and Vice-President of the European Union), and Karel de Gucht, EU Trade Commissioner, made a reference to my reports on Cambodia when writing to the Members of the European Parliament in a letter of 15 May 2013 (the letter is on file with me).

9. WikiLeaks, Report VZCZCXRO1246 of June 2009, O 291054Z Jun 09, E.O. 12958 (accessed on 20 August 2013, and on file with me).

10. Some examples of international media that reported my work are as follows: “Cambodia’s Politics: The Vision Thing” The Economist (19 July 2014), online: The Economist <http://www.economist.com/news/asia/21607876-opposition-does-not-know-what-do-except-obstruct-vision-thing>; David PILLING and Michael PEEL, “Cambodia: Wave of Discontent” Financial Times (28 July 2014), online: Financial Times <http://www.ft.com/cms/s/0/b01c354e-13f2-11e4-8485-00144feabdc0.html#axzz3d6A1nbgu>; “UN Envoy Rebukes Cambodia Over Shooting of Protesters” BBC News (10 May 2012), online: BBC News <http://www.bbc.com/news/world-asia-18015436>.

11. Resolution on Cambodia Adopted by the Governing Council of the Inter-Parliamentary Union at its 187th Session, 6 October 2010, CMBD/01—Sam Rainsy, online: IPU <http://www.ipu.org/hr-e/187/Cmbd01.htm>.

12. “World Bank Mulls Funds” The Phnom Penh Post (12 November 2014), at 1. See also “World Bank Promises Meetings Before Ending Funding Freeze” The Cambodia Daily (19 November 2014), online: The Cambodia Daily <https://www.cambodiadaily.com/news/world-bank-promises-meetings-before-ending-funding-freeze-72615/>.

13. The Phnom Penh Post reported that the US State Department, in a letter sent on behalf President Obama to a group of leading US senators concerned about the situation of human rights in Cambodia, stated that the US had called on the Cambodian government to heed the recommendations of Professor Subedi: “Rapporteur Backed: Rights or a Rough Ride, Warns U.S.” The Phnom Penh Post (14 December 2012).

14. European Parliament Resolution on the Situation in Cambodia, 23 October 2012, 2012/2844(RSP), online: European Parliament <http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B7-2012-0491&language=EN>.

15. Resolution on Cambodia Adopted by the Governing Council of the Inter-Parliamentary Union at its 191st Session, 24 October 2012, CMBD/01—Sam Rainsy, online: IPU <http://www.ipu.org/hr-e/191/Cmbd01.htm>.

16. Senate Daily Summary of the Parliament of Australia, 29 October 2012, online: Parliament of Australia <http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/sds/~/link.aspx?_id=33240456F8D24A20A5483E80D5A9ADC9&_z=z>.

17. Senate Resolution No. 873 of the 15th Congress of the Republic of the Philippines, 17 September 2012, online: Senate of the Philippines <http://www.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SRN-873>.

18. “Lawmakers Enshrine Election Panel in Constitution” The Cambodia Daily (2 October 2014), online: The Cambodia Daily <https://www.cambodiadaily.com/news/lawmakers-enshrine-election-panel-in-constitution-68826/>. The Bill tabled before parliament was sent to my office by the Secretary-General of the National Assembly on 22 August 2014.

19. UN Office of the High Commissioner for Human Rights, “Cambodia: Lack of Consultation on Key Laws Sets Worrying Pattern for Future Legislation, Warns UN Expert” (27 May 2014), online: UN Office of the High Commissioner for Human Rights <http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14648&LangID=E>.

20. A copy of the thank-you letters to me from Mr Mam Sonando for his release from prison, from Mr Sam Rainsy for his return from exile, and a letter to the editor of a main national English daily newspaper by the sister of an imprisoned journalist thanking me for my intervention, are on file with me.

21. “Government Makes U-Turn on NGO Law” The Phnom Penh Post (28 October 2011), online: The Phnom Penh Post <http://www.phnompenhpost.com/national/government-makes-u-turn-ngo-law>.

22. Two feature articles highlighting my work to this effect were published by The Guardian, on 28 September 2011 and 14 May 2012.

23. The Cambodia Daily (29 January 2010), at 12.

24. See also PICCONE, Ted, “Catalysts for Rights: The Unique Contribution of the UN’s Independent Experts on Human Rights”, Brookings Institution, Policy Report, October 2010, at 15Google Scholar, para. 19.