Two of the most important international human rights covenants, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, were ratified last year and later a law incorporating these covenants in Taiwan took effect on International Human Rights Day, giving them legal validity. However, the legal protection offered in Taiwan of important legal interests outlined in the two covenants is lacking, especially legislation to protect against and punish major international criminal offenses like crimes against humanity, torture and hate crimes.
We must therefore make laws to stop Taiwan becoming an international crime haven. In addition, for individuals around the world who have been subjected to the aforementioned types of persecution, especially people in China, Hong Kong and Macau, Taiwan should, based on the spirit of humanitarianism, offer protection in a refugee act based on international standards.
Therefore, we have committed ourselves to promoting the establishment and amendment of five laws related to international human rights laws and international humanitarian law, including the establishment of an act governing crimes against humanity and torture, a hate crime act and a refuge act as well as revisions of the Punishment of the Crime of Genocide Act (殘害人群治罪條例) and the Immigration Act (入出國及移民法).
Taiwan should adopt the principle of universal jurisdiction to prevent and punish those that commit crimes the international community deems unacceptable, such as crimes against humanity, torture, genocide and hate crime. The adoption of this principle would give Taiwan the legal jurisdiction to prevent such crimes both domestically and overseas.
Such jurisdiction would also help Taiwan stop foreigners who have committed these crimes from entering the country, although that would involve a revision to Article 18 of the Immigration Act. After a revision of the law, if such individuals were to try to enter, Taiwan would be able to prosecute them. Furthermore, if foreigners in Taiwan who have committed the aforementioned serious crimes have been charged and are wanted in another country, Taiwan could assist with their extradition if requested.
Taiwanese are peace-loving and support equality and will not stand for any actions based on personal prejudice and discrimination that harm the lives of others, their freedom, assets or personal belongings. This is why we are promoting the establishment of an act governing hate crime.
Taiwan should recognize as refugees people who suffer severe natural and man-made disasters according to international human rights standards and offer them protection. This is why we are promoting the drawing up of a refugee act.
US civil rights activist Martin Luther King once said: “The means we use must be as pure as the ends we seek.”
We, the initiators for the promotion of these laws, including legislators, academics and human rights organizations in Taiwan, lawyers in Hong Kong and Taiwan as well as human rights activists in Taiwan, Hong Kong and China, would like to make a united call to everyone in Taiwan, regardless of political affiliation, ethnicity or political ideology, to uphold universal values, follow the duties outlined in the international covenants and promote the creation of these laws based on the spirit of humanitarianism.
(The proposed five human rights laws and petitions can be accessed at www.jrf.org.tw/newjrf/RTE/myform_detail.asp?id=2463)
TRANSLATED BY DREW CAMERON
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