The short essays that constitute this collection arise from my experiences in three different places: Hong Kong, Cambodia, and Sri Lanka. In my view, although Hong Kong is not a democracy it represents one of the most successful models of a society built on the rule of law. By contrast, Cambodia is among the greatest failures. Sri Lanka, my homeland, is somewhere between these two, but in recent decades it has slid further towards the latter. In most essays, direct reference is made to Sri Lanka, and at various points, Hong Kong and Cambodia. In any case, the discussion should not be misunderstood as particular to a country or locale. Most of the questions and issues raised are applicable to countries throughout Asia and further afield.
We desperately need cross-cultural discussions on the rule of law and human rights. Much of the discourse is dominated by the West, as is the language of justice, which is associated with several centuries of struggle there. As a result, many of the problems faced by people in Asia are beyond the comprehension of those who are used to this discourse. Persons from the western tradition struggle to understand how a police officer may so readily resort to torture as his means for routine criminal investigation, or how he may spend more time making a living on the side than dealing with his official duties. They cannot easily accept that a prosecutor may belong to a powerless agency, or that a complete buffoon may sit as Chief Justice and make a mockery of the very institution he represents. An enlightened discourse on the rule of law and human rights
will develop only when we break down the language barriers and bring the persons involved to understand the actual daily experiences of people throughout Asia.
In the appendices to this book I have added a draft document submitted to the National Police Commission of Sri Lanka on establishing a public complaints procedure against the police, as mandated by Section 155(G) of the Constitution, introduced through the 17th Amendment. The National Police Commission has accepted this draft as the basis for developing the procedure. Debate on this issue may allow us to address many of the problems besetting the policing system in Sri Lanka, and the attendant frustrations caused to the public owing to the lack of recourse when police commit abuses. While this debate pertains to Sri Lanka, it is relevant to most other countries in the region.
I have had the opportunity to raise the issues contained in these essays with literally thousands of people from around Asia and also other parts of the world. Together, we are building a common understanding. This understanding now needs to be expressed more fully, to become the prevailing discourse on the rule of law and human rights in Asia.
W J Basil Fernando
Hong Kong
February 2004
