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MOI to permit banned parties following ruling
FREEDOM OF SPEECH:
Political parties and civic groups that overtly espoused communism or national abruption were illegal until a court ruling on Friday
STAFF WRITER, WITH CNA
Sunday, Jun 22, 2008, Page 2
The Ministry of the Interior said it would allow registration of previously banned political parties after a ruling by the nation’s highest court.
The Council of Grand Justices on Friday issued a constitutional interpretation that said banning civic groups based on their political views is a violation of freedom of association. The ministry said it would refer to the intent of the ruling when handling registration of political parties in the future.
In the past, the ministry repeatedly rejected registration of a political party called the “Taiwan Democratic Communist Party.”
The ministry will no longer deny registration of any political party simply because the word “communist” or “communism” is in the title.
The ministry made the statement following the council’s interpretation that an article in the Civil Associations Act (人民團體法) that prohibits citizens from organizing groups that advocate communism or Taiwanese independence is unconstitutional and must be scrapped.
The constitutional interpretation was issued in response to a request by Chen Shih-meng (陳師孟), former chairman of the Goa-Seng-Lang Association for Taiwan Independence (GATI, 外省人獨立促進會), to clarify the constitutionality of the Civil Associations Act provision.
Established by a pro-independence activists in 1992, GATI applied to Taipei City’s Bureau of Social Affairs for registration as a local civic organization in 1998.
The municipal agency rejected the application on the grounds that it would violate Article 2 of the Civil Associations Act, which reads: “Organization and activities of civil associations may not advocate communism or claim abruption of the country.”
Chen sought a constitutional interpretation by the grand justices after repeated court petitions to the high and supreme administrative courts were rejected.
The constitutional court said in its ruling on Friday that freedom of speech is a basic human right protected by the Constitution and is an indispensable mechanism to ensure the development of a pluralistic democracy. Any legal restrictions on freedom of speech, the court said, must comply with the principle of proportion.
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