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.