Commissioned Rights

Publish Date: 06/01/2001 
Story Type: SOCIETY; HUMAN RIGHTS 
Byline: TERENCE DUFFY

With the abolition of martial law in 1987, Taiwan was at last free to explore some basic human rights issues. President Chen Shui-bian promised that his government would give priority to the program. What progress is being made and what lessons might be learned from overseas? 

Even seasoned police who had seen the worst of the violence in Northern Ireland were touched by the Omagh bombing. The road to peace and human rights in the area has been long and difficult. (Courtesy of the Ulster Herald/Jackie Sloan)

The protection of human rights is of great public interest in Taiwan today. President Chen Shui-bian has advocated the creation of a national human rights institution, which would surely enhance the achievements secured to date. Many years of experience at regional and international levels have shown the efficacy of creating specialized bodies vested with responsibilities for safeguarding human rights. In many countries, these human rights commissions have proven invaluable, and the International Coordinating Committee of National Human Rights Institutions currently recognizes some forty such bodies. In 1993 the General Assembly of the United Nations approved the so-called Paris Principles with which it expects these institutions to comply. These principles endorse the enforcement of "internationally accepted rules and principles for the protection of human rights." Taiwan is making significant progress toward compliance with these measures. 

The Paris Principles provide for transparency in the formulation of a government's human rights priorities. Such institutions must safeguard human rights and establish a genuine relationship with civil society. This reality makes all the more salient the recent hosting of the International Conference on National Human Rights Commissions in Taipei in the first week of January this year. Organized by Soochow University, symposium participants urged Taiwan to become part of the international human rights system by creating its own institutions. It is valuable to explore how other countries have approached the task of "institution-building," and this article will therefore look at evidence from Northern Ireland, the Irish Republic, and South Africa--all of which have recent experience of establishing human rights commissions. We will then turn to current progress in Taiwan. 

The Northern Ireland Human Rights Commission 
The Northern Ireland Human Rights Commission (NIHRC) came into existence in March 1999, following the Good Friday Agreement, which arguably marked a turning point on the road to peace and human rights in the province. The NIHRC currently complies with most of the Paris Principles, but not all. As Chief Commissioner Brice Dickson points out, "its powers of investigation fall short of UN guidelines, and it cannot be a national institution because its remit is limited to Northern Ireland." These constraints demonstrate some potential obstacles in the operations of the commission, including areas of disparity between international and sovereign law. The commission is presently seeking an extension of its powers which may be granted by Westminster this year. 

The NIHRC's mission statement provides that "it will work vigorously and independently to protect the human rights of everyone in Northern Ireland." The NIHRC has the initial task of advising on the scope of "defining rights supplementary to those in the European Convention on Human Rights." The goal is to agree upon a Bill of Rights to reflect the particular circumstances of the province, and its inception is a key part of the process toward achieving a lasting peace. The commission aims to have the Bill of Rights drafted by the end of 2001 and to engage the public in the consultation process so that its work can be "relevant" to people's lives. It intends to ensure that all aspects of the criminal justice system and of policing comply with internationally recognized human rights standards. The NIHRC is also obliged to advise the government with respect to "rights legislation," and may initiate investigations. 

A number of serious problems continue to exist in the administration of justice. The continuance of state emergency powers actually violates internationally recognized standards for the protection of human rights, and is inconsistent with the Good Friday Agreement. The influential International Lawyers Committee believes that this "emergency regime" impedes the work of mechanisms set up under the Good Friday Agreement, arguing that "real change in Northern Ireland will require that all major public issues (from policing and security to employment and education) be examined from a human rights perspective." 

This means that the past must be addressed with honesty, including highly sensitive cases such as those of the murdered human rights lawyers Patrick Finucane and Rosemary Nelson, where questions of police collusion and failure to protect members of the public may be opened to full inquiry. These issues constitute considerable challenges for the NIHRC. 

The Irish Human Rights Commission 
The Good Friday Agreement also obliged the Government of the Republic of Ireland to create a Human Rights Commission (HRC) and provided for the formation of a Joint Committee staffed by that Commission and members of the NIHRC. The HRC was invested under the Human Rights Commission Act 2000. The Joint Committee envisaged, in the words of the Good Friday Agreement, "the possibility of establishing a charter reflecting and endorsing agreed measures for the protection of the fundamental rights of everyone living in the island of Ireland." 

As Commission President Donal Barrington emphasizes, "this is a remarkable gesture of cooperation toward the goal of promoting human rights." Minister for Justice John O'Donoghue, speaking in October 2000, heralded the commission as "the forefront of a new...awareness of a human rights culture in the island of Ireland." Taoiseach Bertie Ahearn, Eire's chief minister, had stated on UN Human Rights Day (December 10, 1998) that the Irish Commission "will be a model of its kind which will set, rather than follow, standards of best international practice in this field." 

Among the functions of the Commission are: 

· To keep under review the adequacy and effectiveness of law and practice relating to the protection of human rights; 

· To promote understanding and awareness of the importance of human rights; 

· To conduct such enquiries as it considers necessary or expedient; 

· To appear as amicus curiae (literally, "friend of the court," or intervener) on application to the High Court or the Supreme Court in proceedings before those courts that involve human rights. 

Unlike the NIHRC, the Irish HRC is a national commission, since it was established by the government of the Irish Republic. However, it remains to be seen how far the HRC can meet the high expectations that greeted its formation. Ireland faces an increasing burden of litigation arising from rights issues, ranging from provision for asylum-seekers to alleged discrimination against travelers. Irish "travelers" consitute less than 1 percent of the population, but have many of the characteristics of a distinct ethnic group. Possessing their own traditions and customs, and often likened to European gypsies, they are frequently subjected to racist abuse. The HRC must also confront the reality of continued political violence, which exerts pressure on the legal system. All of these areas constitute obstacles to the promotion of human rights and challenges that the HRC must strive to overcome. 

The South African Human Rights Commission 
The South African Human Rights Commission (SAHRC) was established shortly after the first democratic elections in April 1994 as the national institution responsible for entrenching constitutional democracy. Its objectives are to: 

· Develop an awareness of human rights; 

· Make recommendations to organs of state; 

· Undertake studies and report to parliament; 

· Investigate complaints of violations of human rights and seek redress. 

Since its formation, the SAHRC has worked vigorously for the protection and promotion of human rights and has been robust in its criticism of the government. Indeed in October 1999, SAHRC Chair Barney Pityana spoke frankly against the "deterioration in the human rights environment." He argued that President Thabo Mbeki's first months in office had "focused mainly on the rhetoric of ministers and less on the need to create a rights-based and rights-sensitive society." 

It was envisaged that the National Consultative Forum on Human Rights would help instill the idea that human rights constitute the fundamental values of constitutional governance. The Forum, which was set up by parliament to ensure the widest possible representation of citizens' groups on this issue, provides the SAHRC with a grassroots view on human rights concerns. Pityana believes that "we need to inculcate the idea that all organs of state have a duty to promote, protect, and fulfill the Bill of Rights." 

The implementation of this bill has proven a difficult task. It is an ambitious document, promoting the rights of equality and human dignity. Additional clauses cover such areas as freedom and security of the person, and the prohibition of forced labor. The rights to privacy, freedom of religion, belief and opinion, and freedom of expression are all protected, as are political rights and rights of citizenship. Further clauses cover labor relations, the right to a healthy environment, the right to health care, food, water, and social security, children's rights, and the rights of cultural, religious, and linguistic communities. 

The commission has undertaken extensive work for the National Department of Provincial Affairs on the protection of the rights of the ethnic groups of South Africa. This research will eventually be submitted to the African Commission on Human and People's Rights in order to assist in the formulation of an African perspective on indigenous peoples. 

Human Rights Committee of South Africa 
Alongside the SAHRC, South Africa also possesses a Human Rights Committee. This is an independent national nongovernment organization (NGO) created in September 1988 from a number of previously banned human rights organizations. Originally, the objectives of the committee were to monitor violations of human rights by the apartheid government. As National Director Venitia Govender puts it, "the [committee] continues to see its role as a watchdog body concerned with the protection of civil society from the abuse of government power." It is increasingly focusing on South Africa's implementation of its Bill of Rights, identifying gaps in human rights reporting in South and Southern Africa, and providing a comprehensive "national human rights barometer." It lobbies the SAHRC where it feels that the commission is being less than proactive, regarding it as an obligation of the NGO community to "keep them on their toes." 

Human Rights Protection in Taiwan 
Amnesty International's Annual Report for 2000 has shown how the ROC government has demonstrated commitment to improving human rights by introducing new laws and reforming existing legislation. These measures are tangible evidence of the state's current progress. However, human rights NGOs are increasingly calling for abolition of the death penalty, and doubt continues to surround the confessions obtained from the so-called "Hsichih Trio" (Su Chien-ho, Liu Bin-lang, and Chuang Lin-hsun), who were recently granted a retrial. This case is widely regarded as a litmus test of the judicial process, and has been closely observed by Taiwanese and international NGOs. 

The Taiwan Association for Human Rights (TAHR), established in 1984, has an increasingly public profile and is one of the country's oldest independent human rights organizations. It is widely respected and possesses strong links with international NGOs. 

In the context of the Paris Principles, Taiwan's diplomatic isolation constitutes a significant obstacle to the promotion of human rights, because it impedes external monitoring. President Chen's advocacy of international cooperation in the field of human rights may help ameliorate this shortcoming, and should be strongly encouraged by state and sub-state efforts to support Taiwan's progress. 

Areas of current concern for the TAHR include institution-building, human rights education, the abolition of the death penalty, and judicial reform. It cooperates with other domestic NGOs to promote the human rights of vulnerable groups, such as women, laborers, indigenous peoples, and children. It seeks the establishment of a national human rights commission and is presently drafting a bill to create one. These are all vital challenges. 

Taiwan signed the International Covenants on Civil and Political Rights, and Economic, Social, and Cultural Rights in 1967, when the ROC was still a member of the United Nations. Although Taiwan is no longer internationally recognized as a party to these instruments, the government nevertheless possesses domestic obligations. The TAHR lobbies for the covenants to be ratified by Taiwan's legislature and to be incorporated into domestic law. Chairperson Lin Feng-jeng views its annual evaluation of human rights conditions as "an indicator" of both progress and residual shortcomings. 

The current administration is certainly supporting measures to enhance the protection of human rights. These include the formation of the Human Rights Advisory Group, and the president's recent pledges on the possible granting of amnesties in three controversial cases. The TAHR notes, however, that there remain "neglected human rights issues," including environmental protection, workers' rights, and the rights of the disabled. 

At the January conference of National Human Rights Commissions, President Chen told delegates that the creation of a national human rights institution remained "a priority." Encouragingly, he also pledged to ratify the UN's International Declaration of Human Rights, and to seek collaboration with international human rights organizations. The president took a step beyond his post-election pledges by embracing the national action plan on human rights as advocated in the 1993 World Conference on Human Rights. He also stressed the necessity of Taiwan's participation in the international human rights arena, despite its diplomatic situation. 

The president went out of his way to emphasize "Taiwan's inherent obligations as a member of the global village of human rights." This subject is increasingly relevant in Taiwan today and will naturally open up for discussion such sensitive issues as the use of capital punishment. In June this year, Fu Jen Catholic University hosts the Fu Jen International Conference on the Abolition of the Death Penalty. The symposium comprises three parts: cultural, philosophical, and religious support for abolition of the death penalty; the impact of international law with respect to abolition; and measures to promote an atmosphere favorable to abolition within Taiwan. 

As the island confronts the issue of establishing a National Human Rights Commission, there can be few more thorny matters than that of the continued existence of the death penalty. There is a continued disparity between the views of human rights campaigners and civil society on abolition, but the NGOs are seeking to persuade the public on this issue. 

National Human Rights Commissions: Safeguarding Human Rights 
It is clear from the experiences of Northern Ireland, the Irish Republic, and South Africa that the establishment of a commission is but one stage in a process of enhancing human rights safeguards. The NIHRC is helping to build human rights in Northern Ireland, but currently lacks investigative "teeth." The powers of the Irish HRC are somewhat more robust, but the demands facing this body may constrain its capacity to realize the high expectations of government. This has also been true of the SAHRC, which is struggling to persuade the South African state to implement all the provisions of its far-reaching Bill of Rights. 

In this context, by comparison, Taiwan is poised at a turning point in its democratic history. The creation of a National Human Rights Commission would be a signal of maturity both to its citizens and to the outside world. As part of this process, it is essential to recognize the role of the NGO community and the importance of genuine dialogue with all sections of society. This task does not fall on Taiwan alone. President Chen has demonstrated his sincere commitment to human rights. He has also welcomed international cooperation. The international community has an important obligation in supporting Taiwan's progress in human rights and in encouraging these remarkable developments in civil society.

Terence Duffy, a university professor and
political scientist from Northern Ireland,
has worked extensively on human rights and
democracy issues with the United Nations
and with other international organizations.
 
Copyright 2001 by Terence Duffy.