Speech by Dr. Sein Win,
Prime Minister of the National Coalition Government of the Union of Burma, at the Open Forum on "Human Rights, The Rule of Law, & Independence of the Judiciary" held at the CALD Conference 2000 in Jakarta, Indonesia
(May 12 to 15, 2000)

It is an honor for me to be present here before political leaders, scholars, and distinguished guests of Asia today. As you are aware, Asia has encountered some economic setbacks in recent years. Even though it has caused hardships for many of our regional countries, some positive turn of events have emerged from that experience.

The emergence of new democracies and/or democratic changes in Asia can be directly or indirectly attributed to the economic crises of 1997. The economic failing, which can be attributed to the absence of an effective democratic forum, has debunked the concept that "Asian Values" are a superior model in dealing with economic development. Many "Asian Values" have been discredited in the wake of the experience. The reason for my singling out the concept of "Asian Values" as a flaw is directly related to the topics that this panel will be discussing: "Human Rights, the Rule of Law, and Independence of the Judiciary."

When we discuss these three inter-linked topics, "Human Rights, the Rule of Law, and Independence of the Judiciary," we cannot do without discussing democracy and the schools that try to reject universality of democracy. Even though democracy and human rights have reached the status of being the best system of governance for the lack of a better alternative by world nations and Asia in general, non-democratic regimes in our region today continue to use "Asian Values" as an excuse to deny rights to their own peoples. That is the very problem that we are encountering in Burma today. The people of Burma are being told democracy and human rights are Western cultural values.

The fact is democracy and human rights are not culture bound. As Professor Im Hyug Baeg of Korea said "there is no common 'Asian Values' in Asia and Asian style democracy is not a democracy at all." On the same note, Prof. Amartya Kumar Sen said the question about whether one country or another was "fit for democracy," is wrong. Because "a country does not have to be deemed fit for democracy; rather, it has to become fit through democracy." In other words, "Asian Values" is just a justification for those who want to reject democracy and the accompanying rights it provides.

Another problem directly linked to human rights and democracy is the rule of law. Rule of law is vitally important if human rights and democracy are to develop, or even survive, in a society. For instance, in Burma, having legal safeguards has never been enough, as the authorities have very little regard for the law. Arbitrary arrests and imprisonments regardless of the law are taking place every day. Democracy and human rights cannot develop under the prevailing environment in Burma because the upholders of the law are either disregarding it or are using it as a tool of oppression.

In some Asian countries where the law is perceived to prevail in almost every case except when the challenge is directed at power holders, the judiciary loses its independence. When that happens rights suddenly cease to exist for the powerless. There are many examples of these happening in Asia and other parts of the world.

The challenge that faces us today is to explore means of guaranteeing rights for the peoples of our region. The most obvious effort we can make in that direction is to succeed in bringing democracy to all corners of Asia. That day will come "Asian Values" cease to be a tool of oppression in Asia and when revitalized Asian traditional cultures complement the universal conception of democracy and human rights.

I am confident that this forum of distinguished speakers will be discussing these subjects at length. And, as a leader of the democracy movement who comes from a nation of oppressed people struggling for democracy and human rights, I look forward to hearing their views and personal experiences and hope that this forum would be a fruitful exercise toward developing democracy and human rights in Asia.