Advancing human rights from Nepal to Britain

Wednesday 31st July 2024 06:43 EDT
 
 

Surya Prasad Subedi OBE KC DCL is a British-Nepalese jurist and Professor of International Law at the University of Leeds. He is a barrister in London, a member of the Institut de Droit International, and a visiting professor at the University of Oxford. Subedi served as the UN Special Rapporteur for Human Rights in Cambodia (2009-2015) and advised the British Foreign Secretary on human rights (2010-2015). He was appointed legal procedural advisor to the World Conservation Congress in 2021 and to the UK-EU Trade and Cooperation Agreement arbitrators list in 2022. Subedi has authored numerous works on international law and human rights and has acted as counsel in international courts.

In an interview with Asian Voice, Surya discusses balancing his responsibilities, educational institutions playing in promoting the objectives of South Asian Heritage Month and more. 

1) How do you balance your responsibilities as a professor, a barrister, and a member of the Institut de Droit International?

Efficient time management has guided my journey from a Nepalese village to becoming a global citizen in Britain. My Sanskrit education instilled a drive for wisdom that I continue to uphold. I've earned many qualifications, taught at numerous universities, and worked long hours in various national and international roles within and outside academia.

Academic life involves nonstop thinking, writing, and researching. As the distinguished lawyer Elihu Lauterpacht said, "international law is both work and hobby," a sentiment I share. The following verse from Ecclesiastes rings true for academics – and particularly for international law and human rights academics such as myself: “For in much wisdom, There is much sorrow, And who gathers knowledge, Gathers pain.” 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 drive sustained me while fighting for human rights in Nepal, working for the UN in Cambodia, and advising the British foreign secretary. However, success has come at a cost. As the Nepalese saying goes, "what you do when your hair is black will come to haunt you when it turns grey." 

2) What role do you see educational institutions playing in promoting the objectives of South Asian Heritage Month?

South Asian Heritage Month enhances understanding of South Asian contributions to British society by celebrating its diverse cultures and histories. Held from 18 July to 17 August, it spans several Independence Days in the region (Maldives, Bhutan, Pakistan, India) and coincides with Saravan/Sawan, the monsoon month of renewal.

Educational institutions are doing and could do more to harness expertise in research and education to help shape a better future for humanity. Such institutions can strengthen the vital link between South Asia and the UK by conducting impactful research that addresses global inequalities, highlights the significant contributions of South Asian countries on the international stage, and makes a tangible difference in the world.

3) How can students and academics alike contribute to the goals of South Asian Heritage Month, particularly in the context of international law and human rights?

South Asia, a vast and populous region, has faced many human tragedies, including the 1947 Partition, the largest human migration in history. Despite being home to peaceful religions like Buddhism and Hinduism, it remains the only continent without a regional human rights treaty or mechanism to protect people's rights and hold governments accountable.

South Asia lacks the regional human rights protections enjoyed by other continents. Autocratic governments in Asia often evade their UN human rights obligations, citing cultural relativism. This raises questions about the nature and basis of so-called "Asian values" compared to Western values. To address these issues, I saw the need for a forum where scholars from diverse backgrounds could debate these topics and promote the rule of law, democracy, and human rights in Asia.

In 2007, I helped establish the Asian Society of International Law at the National University of Singapore. I became the founding executive editor of its flagship publication, the Asian Journal of International Law, in 2010. After five years, I was elected chairman of its board of editors, serving until 2022. This Cambridge University Press journal addresses contemporary rule of law challenges in South Asia and beyond. Students and academics already contribute and can contribute more to the goals of South Asian Heritage Month by studying and analysing the situation of human rights in South Asia and disseminating their knowledge as widely as possible so that the governments and people from South Asia can benefit from it.

4) What are your hopes for the future of South Asian representation and advocacy within the field of international law?

I worry about the future of human rights, both nationally and internationally. While international law guarantees human rights, this is not the reality for many, including in South Asia. The rise of populism, weakened multilateralism, and autocratic governments are undermining global efforts. I foresee significant challenges ahead for the international human rights agenda and the effectiveness of its protective mechanisms.

I remain optimistic about the future of human rights in South Asia. My research shows that Hindu and Buddhist values, as derived from ancient scriptures, align with modern human rights principles. Secularism in domestic affairs, universalism in international relations, and peaceful coexistence with foreign powers are key elements rooted in ancient Hindu-Buddhist political thought.

Hindu scriptures composed at the dawn of human civilisation promote the idea of universal fraternity and the equality of all human souls. Peaceful coexistence and tolerance have been at the core of both Hinduism and Buddhism since time immemorial. In fact, South Asia’s cultural, moral, religious, and philosophical heritage is one of pluralism, universalism, personal liberty, tolerance, secularism, and non-violence in the conduct of domestic affairs, and of Panchsheela in the conduct of foreign affairs.


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