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President's pledge a shared aspiration

Published: 06/23/2000
Source: Taipei Journal
By: Paul Li

In his first address as ROC president, Chen Shui-bian told an attentive audience of overseas well-wishers and Taiwan residents of a desire to "bring the Republic of China back into the international human rights system." Chen's plan involves a new approach to diplomacy based on humanitarian concern, economic cooperation and cultural exchanges as well as an ambitious domestic agenda designed to promote and protect human rights values in Taiwan. In the following special report, TJ staff writer Paul Li describes how the president's vision is raising expectations among local human rights advocates.

The past month has been a busy and exciting time for human rights activists in Taiwan after ROC President Chen Shui-bian told the world of his firm resolve to improve human rights conditions on the island.

In his May 20 inauguration speech, Chen said he would request the Legislative Yuan to ratify provisions of the International Bill of Human Rights as domestic law in the ROC. In addition, he indicated that his administration will set up an independent national human rights commission. Chen also invited the International Commission of Jurists and Amnesty International, two organizations devoted to protecting human rights around the world, to assist with his campaign in Taiwan.

In his first report to the Legislature delivered June 2, Premier Tang Fei reaffirmed Chen's pledges. Two days later, on the 11th anniversary of the June 4, 1989, incident at Tiananmen Square in Beijing, an alliance of 22 local groups supporting Chen's plan to set up a human rights commission released a proposal detailing how the commission should operate.

"President Chen showed a lot of guts," said Zeng Wei-kai, chief administrator of Amnesty International Taiwan Section. "We are very excited to see his devotion to human rights issues." Ku Yu-jane, secretary-general of the Taiwan Association for Human Rights, echoed Zeng's endorsement. "We've been pushing for adoption of the International Bill of Human Rights and formation of a national human rights commission for years." Her association is part of the 22-group alliance.

Since the lifting of the Emergency Decree in mid-1987, Taiwan residents have enjoyed an unprecedented degree of political freedoms. Political prisoners are a thing of the past and ROC citizens can openly criticize their government. The rights to assemble and participate in the political process are no longer curtailed. Accordingly, some observers question the need for Chen's human rights initiatives. Others say they are necessary to institutionalize the gains that have been made.

Despite the monumental improvements made over the past 13 years, the human rights situation in Taiwan is far from being perfect. For instance, the right to procedural due process is still a vague concept to many people. Abuses of power by local police officers and prosecutors continue to occur. And aboriginals need more political and judicial protection for their property and cultural rights.

The relative novelty of human rights concepts in local society is reflected by the fact that Taiwan's largest library has fewer than 200 Chinese-language titles on the subject.

But human rights encompasses more than just political and legal issues. The Universal Declaration of Human Rights adopted 50 years ago by the United Nations enumerates economic rights related to work, fair remuneration and leisure. Adequate standards of living, health and education as well as the ability to participate in the cultural affairs of the community are also rights recognized by the United Nations.

Even though many aspects of these economic and cultural rights have been advanced enormously in recent years, Taiwan has yet to fully implement and protect those rights. For instance, current laws fail to prevent discrimination on the basis of gender or ethnicity in employment. Dilapidated schools in rural areas lack resources to provide students the educational opportunities to which they are entitled. There is clearly much room for improvement.

Human rights activists in Taiwan have long advocated incorporating provisions of the International Bill of Human Rights into ROC domestic law. This code of principles consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

One of the most obvious and important reasons for adopting this bill of rights into domestic law is to establish clear legal channels for protecting human rights and punishing violaters. Such laws provide a basis for grievances filed by citizens seeking redress from the government. In the United States, victims of discrimination or police brutality can seek huge monetary damages. Coerced confessions and other misconduct that violates the rights of the accused often results in evidence being disallowed by the courts.

In addition to giving ROC citizens an effective shield against abuses of power by the government, a domestic bill of rights would serve to increase public awareness of human rights issues.

"Right now, people in Taiwan don't even know when fundamental rights are being violated," Zeng lamented. "They were never taught about their unalienable rights as humans." This should not come as a surprise. Other than receiving a few civics lessons, students in elementary and secondary schools are taught little about human rights. In fact, classroom curricula often overemphasize the virtues of social order while downplaying the importance of individual freedoms and civil rights. Colleges and universities offer only a few introductory courses on human rights. Once human rights measures have been incorporated into domestic law, the government is likely to devote more resources and attention to human rights education.

Chen promised that his administration will keep the ROC in the mainstream of the international human rights system and make "a more active contribution in safeguarding international human rights." But this cannot be accomplished without first securing a healthy human rights environment in Taiwan. Adopting the International Bill of Human Rights would be a significant first step toward implementing Chen's "human rights diplomacy." The ROC president also promised to create a national commission for monitoring and promoting human rights practices. Although he offered no details, it is widely assumed that the proposed body must perform a few basic functions in order to be effective: investigate potential human rights abuses and represent victims in court, advise the government on human rights policy, propose legislation to protect human rights, educate the public and government officials on relevant matters, and publish reports on domestic human rights conditions.

For the past 20 years, the United Nations has encouraged individual countries to set up commissions. Despite the controversy over whether human rights concepts are suited to traditional "Asian values," six countries in the region have already established commissions. Two others are expected to do so soon.

Asked whether Taiwan needs a human rights watchdog body, Ku pointed out that her organization and other private groups lack the legal authority and financial resources to adquately monitor human rights conditions and educate the public on relevant issues. Taiwan's enthusiastic and dedicated human rights Nongovernmental Organizations operate with limited financial support that is generated almost exclusively through private donations. They feel that an active government role is indispensible for advancing the cause of human rights on a comprehensive scale.

Another of Chen's initiatives--seeking advice and assistance from Amnesty International and the International Commission on Jurists--is being applauded by human rights activists. "From the standpoint of an independent NGO, we would be happy to assist President Chen's efforts for promoting human rights in Taiwan and abroad," AI's Zeng said.

Chen recognizes that his administration is relatively inexperienced in dealing with human rights issues. According to Brian Kennedy, a board member of both Amnesty International Taiwan Section and the Taiwan Association for Human Rights, reputable human rights advocates from overseas can bring expertise and impartiality to the policy-making process as well as reduce problems of political squabbling and ineffectual leadership that often paralyze local NGOs.

Chen is unlikely to face much overt opposition to his human rights concepts. However, the success of the president's initiatives ultimately will depend on his ability to push specific measures through the Legislature. For instance, incorporating the International Bill of Human Rights into domestic law requires not only the passage of new statutes but also the repeal of many existing ones. To expedite his proposals through the often tortoise-like legislative process, Chen must employ his authority and personal appeal in convincing lawmakers to place human rights policy high on their priority lists.

One proposal which is already raising concern would put the national human rights commission under the Control Yuan. The success or failure of the commission--and perhaps Chen's human rights campaign as a whole--may hinge on whether relevant authorities are empowered to initiate necessary measures without undue political influence.

Under the leadership of the Kuomintang, the ROC government helped create an economic miracle in Taiwan that impressed the world. Today, Chen and his administration are hoping to duplicate this feat by making Taiwan a model of prosperity and progress in the realm of human rights standards.

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