Tue, Apr 11, 2000 page8

• Rights not guaranteed even when made law

  • By Brian Kennedy
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  This is week three of the 56th Session of the UN Commission on Human Rights. The US is seeking to table a motion of censure against China for its human rights record. Both prior to and during the session in Geneva, the US delegation has been campaigning hard to garner the necessary support for the motion. On March 23, US Secretary of State Albright reiterated the American commitment to putting the motion forward. All this promises to be a precise repeat of last year's showdown between China and the US.

  China, of course, has not been idly standing by; its delegation has been busy defending China's human rights record. In February, China issued a major white paper on human rights. Much of it was devoted to a long list of basic human rights which are "guaranteed" by either domestic legislation or China's avowed commitment to international human rights treaties.

  Amnesty International correctly pointed out that "the paper makes much of guarantees of basic rights, such as rights to free speech, association and religious belief, contained in China's constitution, but it fails to mention that these have become paper guarantees. Constitutional rights have been severely proscribed by newer laws or are simply not delivered in practice."

  

  The sparring between China and the US brings out an interesting fact about the human rights debate. Many nations of the world have learned that one way to deflect international or domestic criticism of their human rights practices is to pass various pieces of legislation or sign up to various human rights treaties and instruments and then do absolutely nothing concrete regarding their human rights practices.

  In American English there is the expression; "not worth the paper it's written on," referring to a promise or guarantee that in fact has no substance. Sadly, in many nations of the world, basic human rights guarantees are not worth much more than the paper they are printed on.

  The use of legislation as a kind of "smoke and mirrors" approach to human rights is not limited to China. Taiwan, although to an admittedly lesser extent, is another excellent example of this. Our government routinely passes fine-sounding pieces of legislation which are hailed as providing protection for human rights or civil liberties. However, the rights and liberties so guaranteed are often no more than "paper guarantees."

  These paper guarantees can be deceptive. The headline in the newspaper promises: "Right to (Whatever) Guaranteed by Law Now" and the public feels that progress is being made. The reality often is that the right to "X" -- whatever "X" might be -- is in reality no more guaranteed than it was before the passage of the new legislation.

  Let me give you a practical example. The recently enacted Domestic Violence Prevention Act allows judges here in Taiwan to issue restraining orders for victims of domestic violence. That fact is 100 percent true. What makes it an empty paper guarantee is the fact that the police 90 percent of the time will not enforce the orders. The battered spouse is no better off than they were before the new legislation, as women's groups in Taiwan have been quick to point out. Our government, however, loudly claims that something is being done about spousal abuse and that battered women now have the protection of the law. All of which is utter nonsense.

  The lesson in all of this for the public is simple; magicians are not the only ones who use smoke and mirrors to deceive.

  Brian Kennedy is a member of the Board of Amnesty International Taiwan and of the Taiwan Association for Human Rights.
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