According to legend, if you are lucky enough to find a genie, the genie will grant you three wishes. The human rights community here in Taiwan must have found such a genie because three of their long-standing wishes were granted last weekend.
In his inaugural address President Chen Shui-bian
First: "The new government will request the Legislative Yuan to pass and ratify the International Bill of Rights as a domestic law of Taiwan, so that it will formally become the `Taiwan Bill of Rights.'"
Second: "We hope to set up an independent national human rights commission in Taiwan, thereby realizing an action long advocated by the United Nations."
Third: "We will also invite two outstanding non-governmental organizations, the International Commission of Jurists and Amnesty International, to assist us in our measures to protect human rights ?"
Each of these commitments are important for the continued protection and progress of human rights in Taiwan. The Taiwanese human rights community has long advocated embodying the provisions of the UN International Bill of Rights -- the collective name given to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights -- into domestic law. To incorporate all major aspects of these three documents into our domestic law will involve both the addition of a number of statutes and, equally important and often overlooked, the repeal of a number of existing statutes.
This first commitment is necessary because much of both Taiwan's civil law and criminal law are anachronisms from a far different age and a far different political situation. Although there has been much improvement in the recent past, there still exists a number of areas where our laws fail to meet international human rights standards. In addition, there are gaps in our laws that fail to adequately protect basic human rights.
The achievement of this first commitment will require the cooperation of the Legislature. Laws will have to be passed, laws will have to be repealed. Hopefully this worthy goal of Chen's will not fall victim to partisan politics within the Legislative Yuan. Likewise it is to be hoped that these needed changes do not languish indefinitely in the limbo which the legislature often becomes.
The use of the phrase "Bill of Rights" is somewhat misleading. A "Bill of Rights," at least to American ears, carries with it the idea that these rights are enshrined in the Constitution. The problem with strictly statutory changes is the simple fact that it is relatively easy to pass laws and relatively easy to repeal those same laws. Placing protections in the constitution gives them a "dignity" and shelters them from the changing "winds" that often blow through any legislative body. It is to be hoped that selected aspects of the International Bill of Rights are incorporated not only into Taiwan's statutory law but also into our Constitution.
Turning to Chen's second human rights commitment, the establishment of a National Human Rights Commission (NHRC), this has also been a long standing desire of the Taiwanese human rights community.
An NHRC, according to the generally accepted UN definition, is an autonomous official body whose duties involve the promotion and protection of human rights in that nation. It generally has four functions: to act as an ombudsman with the power to receive and investigate complaints of human rights abuses, to advise the government on human rights policy, to conduct human rights education and to prepare reports on the status of human rights within that nation.
This second commitment is necessary for Taiwan in that currently existing official bodies that have jurisdiction over some aspect of human rights promotion and or protection have repeatedly shown themselves to be either powerless or tainted by political influence. The Control Yuan and the (formerly) government-sponsored Chinese Association for Human Rights are both prime examples of these failings.
Achievement of this second commitment requires two fundamental things: allocation of sufficient resources and appointment of the right people. The Taiwan NHRC must have the financial wherewithal to allow it to adequately handle its task. Underfunding is a common way for governments to undermine the effectiveness of such commissions. Likewise, the appointment of less than adequate officials for the organization is another common government "de-fanging" technique.
Turning to the last of Chen's commitments, seeking international assistance from such groups as Amnesty International and the International Commission of Jurists, these two groups have well deserved reputations for tough but professional advocacy of human rights worldwide. Seeking their assistance will do two major things for the Taiwanese human rights situation. These groups can provide considerable expertise and an impartial assessment of the situation. Turning to an international organization will avoid some of the problems of political squabbling and impotent management that have paralyzed some of the local NGOs.
Chen's speech hopefully will mark the beginning of a true human rights culture for Taiwan. It is to be hoped that over the next four years these human rights "wishes" will become a reality for Taiwan.
Brian Kennedy is a board member of Amnesty International Taiwan and the Taiwan Association for Human Rights.
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