New UN rapporteur concerned about land rights in Cambodia

June 29, 2009

The new UN special envoy for human rights to Cambodia says a corrupt judiciary, forced evictions and land grabs are the country's most pressing issues.

Nepali-born Surya Prasad Subedi (pictured) is Professor of International Law at Leeds University. Professor Subedi has just spent ten days in Cambodia.

Presenter: Sen Lam
Speakers: Surya Prasad Subedi, UN Special Rapporteur for Human Rights in Cambodia

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SUBEDI: The impression I have formed after meeting so many people both within the government and outside of the government, NGO people, people who have been evicted from the land, other pressure groups, I have met a broad section of the population and have come to the conclusion there are serious human rights issues here that have to be tackled and I will be doing my best to help the government to tackle those problems.

LAM: Yours is a delicate job of course. You are the UN representative of UN Secretary-General, and at the same time you must work with the Cambodian Government, which in the past, hasn't taken criticism too well. Do you think that might pose a huge challenge to you?

SUBEDI: Indeed, I am aware on the rather unpleasant relationship between the government of Cambodia and my predecessor - that is always the risk for any special rapporteur, because your mission, your mandate is to promote human rights and be critical where there are shortcomings and failures. If people are willing to accept the shortcomings and engage in a constructive dialogue, then we can be effective. But I met the prime minister and a number of other senior ministers and I was pleased that they have acknowledged that there are shortcomings and they would like to engage in a constructive dialogue with me. I have noticed that there was a change in approach, a change in tone at least, during my first visit to Cambodia.

My meeting with the prime minister this time was a cordial one. It lasted for nearly two hours and I was able to raise a number of issues with him, especially relating to the rights of people evicted from land and their settlement problems and other issues relating to corruption and the independence of the judiciary, clearer separation of power between the three main branches of the government - mainly the legislative, judiciary and the executive. And he was listening to me attentively, and that gave me certain indication that perhaps they are willing to listen to me and work with me, but it remains to be seen how they will react when I go into the details.

LAM: The question of forced eviction and land grabs in Cambodia, for instance. Many of these developers have links to people in high office. Do you think that might pose a huge insurmountable challenge to getting some kind of justice for these people who were forcibly removed from the land?

SUBEDI: There are very many difficulties that lie ahead, but again my approach would be to give them concerted set of recommendations. If you were to do the following things, perhaps the situation would be better. For instance, those forcibly evicted from the land don't have a great deal of confidence in the judiciary. So if the judiciary were to strengthen, independence of the judiciary was enhanced, corruption was controlled, then people would go to court, and to get their legal remedies. For instance, those who have possession rights over the land, but not a proper title, they can go and prove their case before a court of law. That should be the way in a democracy, so that these are the areas that we can planning to pay particular attention during my work.

LAM: Well, you have just finished a ten-day tour of Cambodia. When do you intend to return to the country?

SUBEDI: Hopefully in the second half of November, and at that time I will have a special focus on certain areas, but have land rights and the resettlement issues would be on the top of my list and then make a series of recommendations to the government and to the United Nations.

LAM: What to your mind is the most pressing human rights issue in Cambodia today?

SUBEDI: The most pressing right is the independence of the judiciary and the freedom of speech. These are the two overall key issues, but within that you have the third one will be people evicted from their land and the resettlement. I have identified already these three areas as the private areas of my work.