Surya Subedi (Photo: Reuters)June 29, 2009
ABC Radio Australia
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 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
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 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 to 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.
Nepali-born Surya Prasad Subedi 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
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 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 to 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.
5 comments:
I hope that UN convoy,SUBEDI had a chance to meet Yeay Phu,Yeay Phann...and the rest in army or police and administration.
200-300 hectares to own each head is not much at all.Doubt,please ask even former Ker Kim Yan even though our special prince nonaruomrith.
List goes on with this abuse of the human rights.
Mr. Subedi,You worked 10 days and leaved the country and come back only in 5 months. How a highly paid job to do almost nothing? But although highly paid salary you got, the best one will be from Hun Sen and crony, if you like.
But hope your ethics is high enough nobody can buy you.
Good luck, Mr Subedi and Be in God side.
The source of the land problems start with the former owners being dispossessed by the KR, and when the State of kampochia came in under the VN-french model of government, all land was owned by the state. This changed with the passage of the first land law after the Royal Government took over. The 1st land law set out a map for those in possession of land and the improvements on them e.g. structures, in which a squatter could obtain legal title if they possessed for i.e. 4 years and then went down to the cadastral office and perfected that right. Many people did not know about it, or how to to it, or were ignorant of how to read about it. Whatever the reasons, tens of thousands by some estimates stood to be dispossessed by those who subsequently had obtained "legal title" under the 1st land law and by the 2nd land law that expended the period that one could perfect title by possession.
The problem is that the law is on the side of the persons who have "legal title" and not those who may have had that opportunity while the window for adverse possession was open pursuant to the land law. Really, the only way to try and avoid future issues is to amend the Land Law and give an additional (new) period for people who have been in possession for i.e. 4 years, to perfect title. Then if someone wants their land or title, they will have to buy it from them. In my view this is the only way to fix the problem. The RGC had gotten the passage of the 2nd Land law a few years ago, so it's not like there have not been legitimate efforts to solve this continuing problem, but now we need a prakas to extend the window for perfection of title i.e. 5 more years- that with a vigorous information campaign will solve this issue once and for all.
This guy's face look like a punch bag.
Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:
Torture
Execution
Massacre
Atrocities
War Crimes
Crimes Against Humanity
Starvations
Overwork to Death
Slavery
Rapes
Abuses
Assault and Battery
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:
Assassination
Murder
Killing
Extrajudicial Killings
Grenade Attack
Terrorism
Drive by Shooting
Torture
Intimidation
Death Threat
Threatening
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally sold State properties
Illegally sold National Resources
Illegally Remove Pailementory Immunity
Acid Attacks
Abductions
Injustice
Abuse of Power
Make Cambodia a Lawless Country
Oppression
Steal Votes
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Under Hun Sen Khmer Rouge Regime, no criminals that has been committed murder and all other crimes within Hun Sen Khmer Rouge government have ever been brought to justice.
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