Nepali Nobel Prize nominee Surya Subedi on law, human rights, and global peace

Image via Professor Surya P. Subedi. Used with permission.

Image via Professor Surya P. Subedi. Used with permission.

Professor Surya P. Subedi, OBE, KC is a distinguished scholar in international law and human rights, currently serving as a Professor at the University of Leeds, UK, and as a barrister in London. He has held the role of UN Special Rapporteur for human rights in Cambodia and served as a legal advisor to the UK’s Foreign and Commonwealth Office.

Honored with the Order of the British Empire (OBE) by Queen Elizabeth II and the title of King's Counsel, Professor Surya P. Subedi was also awarded the Suprabal Gorkhadaxinbahu by the late King Birendra of Nepal in 1998. His work has earned him a Nobel Peace Prize nomination and a global reputation as a preeminent international lawyer and champion of peace, human rights, and the rule of law. Professor Subedi has authored 12 books and over 60 articles in international journals, with a focus on global governance, economic justice, and the role of international law in fostering peace.

Global Voices interviewed Subedi via email to understand his perspectives on the evolving role of international law in promoting peace and justice, his journey from Nepal to becoming a global advocate, and his insights on the future of human rights worldwide.

Sangita Swechcha (SS): Your life and work have been chronicled in two biographies. How do you feel your personal and professional journey is reflected in them? What do you hope readers — both in Nepal and internationally — will gain from your experiences?

Prof. Surya Subedi (PSS): My publications — Prof. Surya Subedi: From Distinguished Scholar to Nobel Peace Prize Nomination (in Nepali by Bhagirath Yogi and Nabin Pokharel) and my English-language autobiography The Workings of Human Rights, Law, and Justice: A Journey from Nepal to Nobel Nominee — reflect well on my achievements and contributions toward making life fairer through the advancement of human rights and the rule of law, both nationally and internationally. When I wrote my memoir, my primary aim was to inspire the younger generation, encouraging people from all backgrounds to aim high in life. Both publications primarily focus on my work in international law and human rights, though it was not possible to cover, in a single volume, my work outside the legal field, including contributions to various charities and society at large. I hope to write a comprehensive memoir in the future that covers my work in all aspects of life.

SS: In your role as UN Special Rapporteur for Human Rights in Cambodia, what were some of the significant challenges you faced, and how did these experiences shape your views on international human rights law?

PSS: My experience of work for the United Nations in Cambodia has significantly contributed to my approach to life. In gaining knowledge, I learned much of people’s suffering around the world; and I made it my mission to help alleviate this however I could. This is what kept me going when I was fighting for human rights in Nepal, working for the UN in Cambodia and advising the British foreign secretary on human rights.

I consider myself a compassionate person — someone who notices suffering and acts to alleviate the pain. International law, I realised, has the potential to alleviate suffering. 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.

SS: What are your observations on Nepal's peace process since the resolution of the Maoist conflict, and how do you view the country's progress toward peace and democracy?

PSS: Despite avoiding a resurgence of violent conflict, Nepal’s post-conflict era has been far from perfect — it can be characterised as two steps forward and one-step backwards process. After the conclusion of the comprehensive peace accords (CPA) in 2006, Nepal has witnessed ethnic violence, rampant corruption, the politicisation of key public institutions and a failure to fully implement the provisions of the CPA. Of the three pillars of the Nepalese peace process, two — the integration of Maoist combatants in the Nepal Army and the promulgation of a new constitution — have been accomplished. But the third one — transitional justice — has been stalled again and again. The rights of the victims of the 10 year long civil war (1996–2006) and the principles of transitional justice, namely truth, justice, reparation, and institutional reform have been neglected and fallen victim to political consensus. What is most unfortunate is that these issues have been trapped in the constant making and breaking of governments in Kathmandu by politicians. However, after the compromise reached recently by the major political parties comprehensively address these issues, one can hope that they will be sincere this time in addressing these issues.

SS: As a member of the Expert Group on India-Nepal boundary issues, what positive impacts do you believe your work can bring to resolving these sensitive geopolitical matters? How do you approach these complex diplomatic challenges?

PSS: India and Nepal must resolve their borders through dialogue and diplomacy and when doing so they can benefit by the report that I submitted to the government in my capacity as a member of the expert group. If there is political will to resolve the dispute there are many models in resolving it and I have outlined these models and options available to the government.

SS: You’ve written extensively on global governance and economic justice. Based on your publications, how can international law better address economic inequality, especially in developing nations?

PSS: One of the things needed is the reform of international institutions including the United Nations. Their composition and decision making process do not reflect the current global reality. Another is to have a comprehensive international policy for financing development. The third is to demonstrate a genuine desire to address the impact of climate change on human rights and on the life of people in particularly vulnerable countries such as the least developed countries and small island states.

SS: As a nominee for the Nobel Peace Prize, how do you envision the future of human rights and peace-building in today’s world? What reforms do you think are necessary to enhance international cooperation for peace?

PSS: The reasons why we have witnessed major conflicts in various parts of the word in the recent past is due to the failure of the United Nations and the failure of diplomacy. The UN is making itself increasingly irrelevant in peace-building in the conflict areas. It is bogged down in its own bureaucratic methods of addressing the major challenges of our time and suffers from inefficiency. Powerful states are using human rights as a tool of their foreign policy objectives. The political architecture that was put in place in the immediate aftermath of the Second World War had a grand vision of ushering the world into a rules-based international order. The UN as an institution was founded on the three main pillars: the maintenance of international peace and security, human rights, and development. The rise of populism and nationalism, renewed claims of national sovereignty over international collective commitments, the impact of new technologies on personal liberty and the excesses of capitalism are posing an unprecedented challenge to liberal values, the rules-based international order, and the human rights agenda. Therefore, the peace-loving people from around the globe should be united to revive the spirit of the time when the Charter of the United Nations was adopted.

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