The Hon Justice Michael Kirby AC CMG *
THE QUIET REFORMER
This is a suitable week in which to have the third and final lecture in the 1995 Peter Wilenski Memorial Lecture series.
The meeting in Beijing of the largest international conference in the history of the United Nations concerns the position of women in the world today. There was no topic closer to the heart of Peter Wilenski.
Years before he became a public figure, indeed from the first moment I had contact with him in 1958, Peter Wilenski was in the forefront of reform as it affected society at large and women in particular. Decades before the rights of women became the subject of effective political action, legislation and popular conviction, Peter Wilenski was working on his fellow student politicians to promote the rights of women collectively and individual women in particular. I always thought that it was essential to extrapolate from the disadvantages of women to the general lesson: the need to avoid stereotypes of any kind. I am sure that Peter Wilenski shared this view. But he was forthright and articulate in demanding a recognition of the disadvantages which women suffered in the university, in student bodies and in society at large. He was an early prophet of this and of so many other things.
I can still see him at the table of the Students' Representative Council (SRC) at Sydney University, where he became President. He was quiet and incisive: no rabble rouser he. I followed him into that office and then watched him at work in the National Union of Australian University Students, where he also became President. I sat at the table with him at the University of Sydney Union. I competed with him for election to be the Fellow of the University of Sydney Senate elected to represent the Undergraduates. I stood on a charismatic platform to secure the election to the Senate of the serving SRC President. I thought I was on a real winner. However, by a deft organisation of the votes of the Faculties of Engineering and Medicine, Peter Wilenski won the majority. This time divided us in our rival ambitions. But we were later to be united in so many projects and bonded in friendship.
His work in the Federal and New South Wales inquiries into public administration led the way for major administrative reforms, some of which, in the Federal sphere, I was able to encourage in the Australian Law Reform Commission and in the Administrative Review Council where I served. Truly, Peter Wilenski revolutionised the face of public administration in this country. He challenged assumptions which had remained unquestioned for a hundred years and more. He helped to lay the foundations for Australian public administration in the 21st century.
Towards the end of Peter Wilenski's life, when he was so ill, I saw him and Jill Hager as often as I could, and whenever he was in Sydney. I rejoiced in his happiness in belated parenthood. I grieved with his setbacks during his struggle for life and against cruel illness. I admired his indomitable courage and his determination to invoke every available treatment (and many unavailable) to beat his physical affliction. Often we talked at St Vincent's Hospital - reliving the battles of long ago and remembering times past. One of his greatest concerns was for his mother who was herself ill and whom he survived by only a short time. Specially moving to me was the fact that, in his last days, he was also joined by Gail Radford, his first wife, who shared with Jill Hager, a loving devotion to him that endured to the end through all the ups and downs of life's experience.
With the encouragement of our shared friend, Professor Di Yerbury, Vice-Chancellor of Macquarie University, I secured the agreement of that University to my conferring on him, as Chancellor, the degree of Doctor of Letters honoris causa. His life was full of honours. But it was denied the years that he deserved to contribute to a better world. I pay tribute to this most remarkable Australian. I honour him as a leading citizen and as a friend.
Probably if Peter Wilenski had been asked to identify the time which he found most interesting and challenging in his life, it would have been his period as Australia's Ambassador to the United Nations. In a sense, this was the world of Australian student politics (which he so dominated) writ large. Here were the endless meetings lasting into the dawn. Here were the papers and the agendas. Here were the lobbies and the motions and the ceaseless negotiation. Here were the personalities to be challenged and the tender souls to be stroked. Here were the opportunities to do bold and brave things to improve institutions and to enrich the lives of individuals. Here, above all, was a body ripe for reform and in need of the insights which he could offer.
Others can, and will, talk in this series of Peter Wilenski's contribution to the United Nations. Too many others in the 50th Anniversary year have spoken, and will speak, about the problems of the United Nations, its weaknesses and strengths. I myself have lately offended on this score.1
I have not, as Peter Wilenski did, taken part in the work of the central political organs of the United Nations. I do not know my way about the great building beside the river in New York. I am still confused in understanding precisely the committees and the lines of communication and channels of power. But, in a different sphere, I, like Peter Wilenski, have had the great privilege of working with the United Nations and of seeing it from the inside. Mine has been principally an experience in the agencies of the United Nations.
The Special Representative of the Secretary-General for Cambodia is one of about thirty such appointments. Some are thematic (such as the Special Rapporteur on the Status of Women and the Special Rapporteur on the Independence of the Judiciary and of Lawyers). Most are dedicated to scrutinising and reporting upon human rights in particular countries. The Special Representatives and Rapporteurs meet together annually to exchange ideas on methodology and procedures. They report, in the case of most of them, twice yearly - to the Commission on Human Rights in February/March2 and to the General Assembly in November.3 I am now in my second year of service as Special Representative for Cambodia. In November 1995 I shall be presenting my second report to the General Assembly in New York. For that purpose I have just returned from my sixth mission to Cambodia. It occupied two weeks in August 1995. It took me to a number of provincial districts of the country, including Kampot, Kampong Cham and the capital, Phnom Penh. My work in Cambodia cannot be confined to luxury hotels in the capital. It takes me, and those who work with me, into the country regions. I had travelled to Sihanoukville shortly before the capture and murder of the three foreign tourists, including the Australian David Wilson, who were on a peaceful, youthful journey on a train in pursuit of knowledge about Cambodia. So this is a task not without risk. But one of importance for the building of human rights in Cambodia.
My function is to be informed, to encourage and to warn. My task is to visit Cambodia and to report to the Secretary-General and the organs of the United Nations. My obligation is to do so with complete fidelity to the truth but with sensitivity to the great problems faced by the Government of Cambodia of rebuilding human rights in a country shattered by almost three decades of revolution, war, genocide, invasion and international isolation. In Cambodia there are many difficulties. I do not plan to become one of them. Whilst my duty is to report with candour, it is also to avoid the sensationalised treatment of the problems of the country that seem to have attracted most international media attention.
Many think that human rights is a Western concept concerned wholly or mainly with civil and political rights. The provision of an "Asian exception" for human rights has been rejected by the United Nations, most recently by speeches at the Beijing conference. By definition, universal human rights are just that: a common heritage of all humanity. Human rights provide one of the three pillars upon which the United Nations has been established - securing peace and disarmament; pursuing economic and social development; and building the new world order upon the foundation of individual human rights and the rights of peoples.
The human rights with which the United Nations is concerned are stated in the Universal Declaration of Human Rights and in the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. There are now many other international instruments which express the dedication of the United Nations to fundamental human rights and peoples' rights. But if you look at these charters, whilst civil and political rights find their place amongst them, the priorities reflected in their language are typically, those which I hear voiced to me in Cambodia. As well as consideration of the issues of civil rights come the assertions of the right to equal dignity, of the right to conscience and freedom from discrimination of any kind. The United Nations statements of human rights include insistence on rights to free choice of employment, to adequate rest and leisure, to a proper standard of living with adequate protection for health and well being, to food, clothing, housing and medical care. The right to education is part of the fabric of fundamental human rights. So is the right freely to participate in cultural life and the entitlement to a social and international order where the rights and freedoms stated by the United Nations are fully realised.
In addition to these, there are the familiar civil rights which are of equal importance: not to be held in slavery or servitude; not to be subjected to torture or cruel, inhuman or degrading treatment or punishment. To be equal before the law. To have effective remedies for legal rights. To be free from arbitrary arrest, detention or exile. To have fair access to the courts. To have particular rights when charged with criminal offences. To enjoy rights to privacy, to freedom of movement and to asylum from persecution.
In my tasks as Special Representative of the Secretary-General I am not the follower of my own idiosyncratic opinions on human rights. My function is to examine the laws and practices of Cambodia against the criteria of the United Nations' principles of human rights. It is then to report on any departures from these standards, first to the Government of Cambodia itself and then to the Secretary-General and the United Nations as well. The United Nations has earned its part in this reportage and scrutiny. It has done so by the remarkable work of UNTAC and the investment, not just of funds but of dedicated interest and concern for the well-being of the people of Cambodia and their good government. It has been invited to offer its aid by the Government of Cambodia, supported by the participants in the Paris Agreements.
Of course, human rights present many extremely sensitive questions. Some governments, unused to being criticised at home, do not take readily to being criticised in the councils of humanity. I well remember the report of the Special Rapporteur on Sudan at the Commission on Human Rights. His report engendered great anger on the part of the Government of Sudan. He was denounced and even, reportedly, threatened. But he had the support of his colleagues and of the Organisation. It is important that the United Nations should stand up for honest and fearless reporting by its Special Rapporteurs and Representatives. Otherwise, the result will be pusillanimous reports which whitewash great wrongs and ignore or hide - and thereby condone - departures from fundamentals.
In all of my missions to Cambodia - and all of my reports to the United Nations - I have collected and reported both the good and the bad news. I endeavour to do this with complete fairness and dispassion. Above all, with honesty. Frankly, I do not find this a difficult task. For more than twenty years, in various posts in Australia, I have been walking the judicial path. After a while, the life of neutrality enters the soul. So, I trust, it is in my work in Cambodia.
Not to foreclose my coming report on Cambodia to the Secretary-General and the General Assembly, I wish to review some of the good and the bad news that I have seen in Cambodia in my recent visits. Of the bad news, there is generally enough in the international media. It is the good news that is frequently untold. When I made this point at my closing press conference in Phnom Penh, at the conclusion of my sixth mission in August 1995, it gained undue attention in the news reports. To some extent, they ignored the troubling news - doubtless in a quest for coverage of the unaccustomed good news which I was reporting. But now, I will tell it again as I did at that press conference. Necessarily, it must be in summary form. I will organise the report along the lines of ten items of good news with ten troubling developments that I feel must be told to get an accurate balance.
CAMBODIA - GOOD NEWS
1. Economy and infrastructure: The first thing to be said is that Cambodia is visibly picking up economically. At least this is so in the capital, Phnom Penh. The penetration of economic advancement to the provinces is, as yet, less visible. But the streets of Phnom Penh are cleaner. Businesses are opening or re-opening. Cars and motor bikes have increased in great number. I have always made the point that an improvement in the economy, filtering down to the average citizen, is a vitally important step on the path of rebuilding human rights in Cambodia. It helps to give a sense of well-being, purpose and commitment to society. It can provide the means to improve the quality of life. There is a need to avoid artificial and short term economic expansion. Such as any logging of forests that would destroy resources and outstrip reforestation. Or artificial wealth in casinos and like developments having nothing to do with the economic needs of the ordinary citizen. The economies in the region are taking off at a rapid pace. Cambodia realises that it must not be left behind.
2. National Assembly: The Cambodian National Assembly continues to function. The work of the Human Rights Commission of the Assembly has lately been enhanced by the establishment of a Centre for Research and Documentation. Legislation continues to receive scrutiny in the Assembly. Sometimes it is changed. Clearly, a properly working democratic Parliament is the fulcrum of the rule of law and of respect for human rights.
3. Active NGOs: The non-governmental organisations which flourished after UNTAC continue to work energetically for human rights. The Government ultimately accepted recommendations which I made that the phasing out of the court Defenders, who represent poor people in criminal trials, should be delayed. They may not be legally qualified. But their work is essential to the just disposition of court business. I have urged that the NGOs should be regularly consulted by the Ministries on matters of mutual concern. Cambodia still awaits a law on civil associations. It is essential that this be liberal and encouraging of bodies which reflect and strengthen the diversity of a modern civil society.
4. CHR and branches: The office of the Centre for Human Rights is still busily at work in Phnom Penh. Indeed, in the year past it has expanded to establish offices in three provincial centres. More such offices are planned. The Centre provides technical help and assistance. Its existence encourages the human right NGOs. A proposal of the Government, early in 1995, that the work of the Centre should be phased out during the year was eventually withdrawn after a visit to Cambodia of the Special Envoy of the Secretary-General (Mr M Goulding). The Government emphasised that they had no objection to the continuance of my mission. On the United Nations side, we have honoured not only the letter but also the spirit of the promise of closer consultation as worked out with the Special Envoy. There have also been some improvements in consultation on the Cambodian side.
5. Land mines: The problem of anti-personnel and anti-tank land mines continues to bedevil Cambodia. But the Government is committed to the eradication of these mines. Wonderful work is being done by the Cambodian Mine Action Group (CMAG) led by the Minister, Mr Ieng Mouly and by many NGOs and overseas military advisors. The Minister has supported my proposal for strong legislation to prohibit the further deployment of land mines in Cambodia. He has promised to look into the possibility of compensation for their many victims. Cambodia's voice should be heard in the councils of the world as the international community considers strengthening international law against these vicious weapons that are so indiscriminate and cruel in their toll of human flesh.
6. Repatriation of KR: Good progress has been made in the defection of elements of the armed forces of the Khmer Rogue (KR). Under amnesties offered by the Government, large numbers of former KR soldiers and their families have returned to the constitutional side. In Chamkar Bei, I saw such a settlement with houses, a school and hospital built to welcome to the fold of the Cambodian nation people who had long lived in exile from the law. These are very positive developments. But they need the sustaining support of the international community. For instance, simple well digging equipment is needed as a means to translate the aspirations into reality.
7. Rights of the child: A major focus of my recent mission was a study of the rights of the child. The office of the Centre for Human Rights in Phnom Penh is assisting the Government in the preparation of its first report of Cambodia's compliance with the Convention on the Rights of the Child. I examined the work being done by NGOs - including some from Australia - for street children, orphans and the disabled. Attention is now being given to the problem of child trafficking and the prostitution and abuse of minors. A Youth Rehabilitation Centre has been established by the Government for juvenile offenders, to separate them from hardened criminals. There is a huge post-war increase in the number of children in Cambodia. Almost half the population is under the age of fifteen years. This presents both an opportunity for the future and a great challenge.
8. Media: The news stands remain full of nearly forty regular journals from Cambodia, in the Khmer language and in foreign languages. These are regularly produced. A second journalists' association has been established. It has promised me to be vigilant for its independence. So far, in 1995, there has been no killing or imprisonment of journalists. I hope that this record will see out the year. Diversity of opinion is less evident in the Cambodian electronic media. But, in comparison to many countries of the region, Cambodia continues to enjoy a high number of press outlets, not always matched by the levels of professionalism, accuracy and fairness in press reporting.
9. Migration: The Migration Law was enacted by the National Assembly. It contained a number of provisions which were contrary to my advice. The problem of the ethnic Vietnamese boat people held at Chrey Thom on the border with Vietnam remains, despite the efforts of UNHCR, ICRC and others. In Hanoi, in January 1995, the Governments of Cambodia and Vietnam agreed to solve their differences by negotiation. Thirteen ethnic Vietnamese families have been allowed to return to their villages from Chrey Thom and more may follow. I hope that this signals a commitment to respecting the rights of all minorities in Cambodia. Recent reports give rise to more concern about subordinate laws. Upon them I have sought assurances. The Khmer Rogue play ceaselessly upon ethnic tensions and hatreds which are by no means confined to Bosnia or Rwanda. It is important that the United Nations continues to be a voice for tolerance and principle. In this regard, we have had the sterling support of HM the King of Cambodia, who has insisted upon respect for the human rights of the ethnic Vietnamese and other minorities in Cambodia.
10. UN agencies: And whilst the problems to which I will now turn continue to capture most media attention, the agencies of the United Nations press on with their vital work. WHO in the struggle against malaria and HIV. FAO in promoting higher yield rice grain. ILO in supporting work generation schemes. WFB in providing food for work. UNESCO in training journalists and restoring the Ankor Wat. UNHCR helping refugees and displaced persons. UNDP in supporting many crucial projects of development. And the office of the Centre for Human Rights in Phnom Penh working tirelessly for the promotion and protection of human rights.
CAMBODIA - TROUBLESOME AREAS
Areas of concern in Cambodia must also be frankly described by me. They include:
1. Constitutional arrangements: The Constitutional Council, envisaged by the fundamental law, has not yet been established. This is the body which will provide constitutional review to ensure that government and legislature remain within the Constitution and observe fundamental human rights there enshrined. The King has named his three nominees to the Council. But the nominees of the National Assembly and of the Supreme Council of Judicature are still awaited. In the absence of the Constitutional Council, it was not possible to secure an authoritative national determination of the acute question, which arose during the year, of the disputed power of the National Assembly to expel a member.
2. Expulsions from NA: The member expelled from the National Assembly claims that this happened because he was a vocal critic of Government policy. He was first removed from his political Party. It was then claimed that this required, and authorised, his removal from the National Assembly despite the fact that he had been voted there by the people of his constituency. I cautioned that the expulsion appeared contrary both to the member's right of free expression and his political rights and also contrary to Cambodia's Constitution and laws. My concern is not the member, as such. It is to protect the rule of law and an Assembly, and a nation that accepts dissent and free expression. After his expulsion the member's bodyguards were allegedly arrested and harassed by people apparently in military uniform. These and other acts have been the subject of representations by me. Allegations do not prove the facts. But such serious allegations must be energetically investigated and publicly reported upon. Criminal wrongs, once found, must be redressed. Unlawful acts, once proved, must be corrected. As I left Cambodia, based on the unfortunate precedent of this expulsion, more expulsions, of members of another political Party, were being proposed. I urged the Chairman of the National Assembly, and all who would listen, to avoid such expulsions lest they damage the democratic legitimacy and reputation of the National Assembly elected at the conclusion of the UNTAC enterprise.
3. Judicial independence: Another essential pillar for the rule of law and human rights in Cambodia is judicial independence. Yet Cambodia's judges are paid the equivalent of only $US20 per month. Clearly, this is completely inadequate. Whereas other professionals can often supplement their earnings, judges cannot easily do so with propriety. There is an urgent need to pay them the minimum that will ensure that those with the will to do so can live with complete financial independence of the litigants. Improvements in the fixed scheduling of cases and the rigorous training of the judiciary are needed to enhance the reputation of the judges and the respect in which they are held by the community.
4. Military immunity: A major problem, seen on my every visit to Cambodia, is that of too many firearms. There is a need to collect these weapons and to instil strict discipline in those entitled, by law, to carry arms. There have been some serious instances of oppression by military commanders, including one alleged case of cold-blooded murder, drawn to notice but still not effectively brought to justice. Difficulties have arisen in the cooperation between judicial and police forces in different Provinces. These structural problems must be met resolutely so that in reality, as well as theory, everyone in Cambodia is brought under the requirements of law.
5. Civil service immunity: One legislative provision which came to notice during my recent mission provides a form of immunity to senior civil servants. They cannot be prosecuted without approval of their superiors. This provision, doubtless well intended, has made it difficult or impossible in some cases for judges and prosecutors to bring powerful accused persons promptly before the courts. The provision should be repealed or radically amended.
6. Freedom of expression: Although press publications are plentiful, the Press Law, finally enacted in 1995, permits imprisonment of journalists to an extent that I believe conflicts with international human rights principles. It will be essential to monitor the operation of that law with close attention. The administrative power to close media outlets needs revision. At least, there should be a right to prompt court supervision and review. As a result of current proceedings against journalists, which pose the threat of imprisonment and closures of outlets, I have received many representations which complain to me about a perceived turning away from the principles of freedom of expression enshrined in the Cambodian Constitution and in the international instruments which Cambodia has ratified. A small group of students (the balloon six) were arrested on the very eve of my recent visit to Cambodia. I have seen the English language version of the pamphlet which they were handing out and which occasioned their arrest. It dealt with political issues; but in a respectful way. In fact, it called for the assignment of more constitutional power to the King. This view may be thought misguided. But it is a political opinion which Cambodian citizens should be free to express, just as Australians can peacefully advocate a change in their Constitution. The lesson of this century has been that heavy-handed attempts to suppress political opinions always, ultimately, fail. I have continued to make representations on behalf of these persons who, at last report, remain in custody.
7. Prisons: In all visits to the Provinces, I make it my business to visit the prisons. The prisons in Kampot and Kampong Cham are of a very poor standard. The latter is not really a prison at all, but a former school. Lacking full security, the prisoners are locked in their cells for twenty-three hours a day. There is a lack of proper exercise and recreational facilities. In one prison, I saw a cell with little light and even manacles and leg irons which appear still to be used. There is a need urgently to improve the condition of prisons. I applaud the support given by the Australian Government to this rather thankless task, vital for the realities of respect for human rights.
8. HIV/AIDS: The problem of HIV/AIDS continues to knock at the door of Cambodia. Well meaning steps by the Municipality of Phnom Penh to close brothels and to remove posters promoting condom use may be understood in the political and cultural context. But Cambodia must take very strong and brave steps if HIV/AIDS is not to spread so rapidly that it destroys the nascent indications of economic growth. Restricting information about, and availability of, condoms is not the way to confront this urgent new problem. Human lives are at stake, as well as economic growth. Fortunately, the King is a strong supporter of my efforts to enliven the interest of the Government and people of Cambodia in the struggle against HIV/AIDS. There is still time to achieve relevant prevention. But time is running out. Recent Government policies have been counter-productive.
9. Land law: The problem of land law remains unattended. As a result of the emptying of the cities in Pol Pot's time there are many dispossessed people and countless land disputes between well placed occupiers and returnees. I spent much time during my last mission with squatters and their organisations. They are the by-product of homelessness. Their needs demand sensitive treatment, rehousing, facilities and education for children. This is a major source of deprivation of human rights and of flashpoints for conflict, violence and disaffection.
10. Cooperation: Although, during my last mission, I had the honour to be received in audience by HM the King and met the Ministers for Foreign Affairs, Justice, Information and Children's Affairs, the two Prime Ministers declined, or were not able, to meet me. This is the first time since my appointment that such a difficulty has arisen. It comes in the face of the statement, before the visit of the UN Special Envoy in 1995, that the Government of Cambodia would continue to welcome my visits to Cambodia. The Second Prime Minister (HE Hun Sen) is reported to have said that if I wished to continue in my post I would have to change my attitude. If this means backing away from legitimate and honest criticism of the Cambodian Government and institutions where I see departures from fundamental human rights, I am afraid I cannot conform. It would be a betrayal of my duty to the Secretary-General and the organs of the United Nations, to the Paris Agreements and of the hopes of the international community that post-UNTAC Cambodia would be rebuilt on the foundations of human rights and constitutionalism. Above all, it would be a betrayal of the Cambodian people and of the principles which, I believe, the overwhelming majority of them want and support. They still have faith in the United Nations. The United Nations must prove itself worthy of that faith.
As well, it is not in my character to back off. As a judge, I have never done so and I am too old to start doing so now. Yet it is not only HE Hun Sen who has given such a caution. The clandestine radio of the Khmer Rogue, monitored just after my departure from Cambodia, warned that if I continued my work in Cambodia, particularly in expressing support for the rights of the ethnic Vietnamese minority, they would smash my head in. I will not be deflected by such threats from adhering to the principles which are enshrined in the ideals of the United Nations and expressed in the Cambodian Constitution and the international conventions which Cambodia has accepted. Human rights workers also wear notional blue helmets.
PROFESSIONALISM & IDEALISM
I remain hopeful about Cambodia. On balance, the good news is undoubtedly more important than the bad. Progress continues to be made. I carry with me many arresting memories:
I pay tribute to my colleagues in the office of the Centre for Human Rights, both in Geneva and in Cambodia. And to the High Commissioner for Human Rights who retains a vigilant interest in the success of the Cambodian operation.
I offer my respects to the Cambodian human rights workers who retain their faith in the United Nations and whom we must not let down.
In Australia, I pay a tribute to Senator Gareth Evans whose tireless work (building on that of Mr Bill Hayden) finally accomplished the Paris Agreements. Gareth Evans' efforts continue to be celebrated and respected. To John Holloway, an accomplished, most experienced and highly talented Ambassador who led the Australian mission in Phnom Penh at a critical time and then offered a year's additional precious service to the Cambodian Foreign Ministry. He is valued and respected in Cambodia by Khmer and expatriate alike. And our present Ambassador, Mr Tony Kevin, continues the high standard of professionalism which are the hallmarks of the Australian Foreign Service. The Australian Embassy reaches out to, and supports, the human rights organisations in Cambodia. It does so in practical ways. For Tony Kevin and his colleagues (including AUSAID), it is not just a matter of words, but of daily action.
The work of these Australians is in the high tradition of the foreign service which, until his terrible illness, Peter Wilenski led. A mixture of intelligent professionalism and practical idealism was the special feature of Peter Wilenski's life. The same features may be seen in the United Nations at its best. Getting the balance right between professionalism (and politics) and idealism (and human rights) is not easy. But in Cambodia the United Nations has done better than in most other places. It did so at a time when Peter Wilenski was a most important figure in its councils. I am proud to serve in the continuation of his endeavours. I will always cherish the opportunities I had to work with him and to learn from him. He was a special man. He was a man of ideas for the coming millennium. He was not just a man of his country, Australia - although that he was. He was also a man of the international community of nations and peoples. May his example continue to inspire us and encourage us.
ENDNOTES
* Special Representative of the Secretary-General of the United Nations for Human Rights in Cambodia; Chairman of the Executive Committee of the International Commission of Jurists. Personal views.
1. See M D Kirby "United Nations Strengths and Weaknesses", unpublished paper for the United Nations Association of Australia, conference, Canberra, 2 September 1995.
2. See United Nations, Economic and Social Council - Commission on Human Rights: The Situation of Human Rights in Cambodia (E/CN.4/1995/87, 24 January 1995).
3. See United Nations, General Assembly, The Situation of Human Rights in Cambodia - Report of the Secretary-General - Addendum (A/49/635/add .1, November 1994).
