Mon, Jul 20, 2009 - Page 8 News List

KMT amendment is a step back

By Liu Ching-yi, Lai Chung-chiang, Huang Kuo-chang 劉靜怡 賴中

On June 3, shortly before the end of the last legislative session, the Chinese Nationalist Party (KMT) caucus tabled its latest proposed amendment to the Assembly and Parade Act (集會遊行法). It publicized the proposal the next day, claiming to have considered criticism and opinions from civic groups and opposition parties. In reality, however, the draft is full of proposals designed to suppress civil freedoms while giving the police room to abuse their powers. This draft is far removed from what civic groups want, namely a guarantee to the public’s right to hold assemblies and parades.

The draft contains a number of absurdities, which are summed up in the following six points:

One, why can’t we demonstrate in front of the Executive Yuan?

The Executive Yuan is the seat of the Cabinet and is the nation’s highest executive body. Policies, draft legislation and the budgets of all ministries have to be sent there for approval. If people are unhappy with government policy, where are they supposed to protest if not at the Executive Yuan? Article 6 of the draft proposes a ban on assemblies and parades in a restricted zone with a radius of 300m around the building so the Cabinet mandarins cannot hear the voices of protest.

Two, while the draft says advance notice must be given for demonstrations, it actually means permission would be needed.

The KMT keeps saying arrangements for assemblies and parades will be changed to an advance notice system. However, Article 9 of the draft says that, when giving advance notice, organizers must show an agreement signed by whoever is responsible for managing the demonstration venue. That would be understandable if it referred only to private venues and non-public spaces. But why should people have to apply for permission from government departments for gatherings in places such as Liberty Square and Ketagalan Boulevard? How does that differ from the current law? Is that what the KMT calls “giving the streets back to the people?”

Three, do protests by civil groups cause more disruption than religious processions?

Every year there are a number of processions where statues of Matsu are carried around the countryside. Sometimes hundreds of thousands of people take part in these parades, which travel from town to town along major roads for up to eight days. We have never heard that these processions cause unrest because organizers do not give prior notice. In the case of the Baishatun (白沙屯) Matsu procession, the route can’t be reported in advance because organizers cast divination chips at each intersection to ask the deity which way to go. Article 4 of the KMT’s draft says prior notice is not needed for religious activities, but makes it compulsory for processions of a political or social nature.

Four, police can order demonstrators to disperse, making them both player and referee.

Maintaining order at gatherings means tough work and long hours for the police, so it is not surprising if they develop a confrontational attitude toward participants. Article 24 of the draft calls on the police to decide for themselves whether a gathering or march is seriously disrupting traffic or threatens national security and needs to be dispersed, and then allows them to disperse the gathering by force if necessary. This would confer on the police the triple powers of administrative, judicial and executive officials.

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