The issuance of an emergency decree by President Lee Teng-hui (李登輝) after the 921 earthquake demonstrates the government's concern and determination to effectively implement quake relief efforts. While we should salute the government for its determination, we must also be aware of the dangers of human rights violations behind the shield of the emergency degree.
Taiwan prides itself on being a democratic country. Therefore, although we may be in the middle of a very trying time in the wake of the 921 earthquake, we cannot ignore the issue of human rights. If any legal rights or human rights are violated in providing disaster relief, then there is the risk of an infinite expansion of the government's executive powers.
Pursuant to the emergency degree, the Ministry of Transportation and Communications recently issued an order for the mobilization of motor vehicles through the requisition and rental of a large number of construction vehicles from the private sector. Any violation of the order can result in a jail term of one to seven years or a minimum fine of NT$5 million. Any person or entity with a construction motor vehicle must accept either requisition or rental of the vehicle, irrespective of their own needs. Are there any problems with such an emergency decree?
For example, anyone who cannot comply with the order due to emergency personal needs could be found guilty of "hindering relief efforts" and receive a prison term of up to seven years. This penalty is much harsher than penalties for robbery, extortion or assault under normal circumstances, and about the same as penalties for rape or murder.
An Emergency Power Law was enacted by Britain in 1920. The law specifically stated that an emergency decree could not be in force for more than one month. In addition, an administrative order issued by the government to ration various common living provisions had to be be reviewed by Parliament. If Parliament did not agree or did not review the order within seven days, then the order would no longer be enforceable. More importantly, the penalty for a violation of a government order could be no longer than three months in jail, and the fine can be no greater than ?100.
The US Congress did not closely supervise the government during WWII. Many emergency decrees issued by US President Franklin D. Roosevelt, such as orders to mobilize personnel, restrict the amount of after-tax salaries and prohibit labor strikes, were invalidated because they violated citizens' constitutional rights.
In contrast, although the emergency degree issued by the Taiwan government has been ratified by the Legislative Yuan, no related laws have been enacted to confine the scope of the decree's power. Administrative orders issued pursuant to the emergency decree not only do not need to be reviewed by the Legislative Yuan, but the responsible administrative organs are authorized to arbitrarily set the prison terms for the violation of these administrative orders without any regard for the protection of Taiwan's legal system.
The requisition of motor vehicles is just the beginning. During the nearly six-month-long state of emergency, we don't know what kind of similar measures will be enacted by administrative government organs.
Would administrative orders issued without any legal basis or supervision cause further disturbances here? Therefore, I propose that the Legislative Yuan immediate enact an "emergency decree law" to explicitly confine and limit the scope and basis of the exercise of emergency powers. Otherwise, Taiwan might face a fierce fight to protect human rights -- just as we are trying to get back on our feet after the quake.
Bair Tyzz-yu is a researcher at the Institute for National Development.
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