Tseng Mau-hsing (曾茂興), has recently been "honorably" released from jail by a presidential pardon. He was imprisoned against a backdrop of demonstrating, angry workers shouting: "The bosses close down factories; the government jails factory laborers." To labor activists, social recognition is hard won through sweaty and bloody struggles. Therefore, the executive pardon is precious recognition of Tseng's hard work, though he has obviously has President Chen Shui-bian (陳水扁) to thank for his release in the end.
Under the circumstances, one wonders how Tseng could possibly be bothered that Su Ping-kun's (蘇炳坤) pardon (for murder) declared his conviction null and void, while Tseng was merely exempted from his sentence. Moreover, the Presidential Office especially declared that: "[The pardon] does not mean the government condones Tseng's behavior. Rather, the government's primary aim is to show its concern and care for the underprivileged working class." The announcement basically sought to draw a demarcation line to ensure it had distanced itself from Tseng before he was released. However, the move should not surprise workers, who are used to being labelled as "impediments to Taiwan's competitiveness."
Despite being a country with a weak leftist presence, Taiwan sometimes takes everyone by surprise by openly and righteously implementing rather leftist policies. Perhaps because all school textbooks mysteriously leave out any discussion of leftist ideals, and those textbooks are the only ones most of our government officials have studied, our officials seem to either be ignorant of or to have forgotten what Karl Marx theorized in the Communist Manifesto ?"the state is no more than a committee for handling matters common to the bourgeoisie." No wonder government officials make absolutely no attempt to conceal what they are doing when they put Marx's theory into practice. For this reason, President Chen brazenly invited a large number of "honest" capitalists to join his national policy advisory group as a way of showing support for the government. On the other hand, our premier openly requested Cabinet members visit and thank a conglomerate head, as well as solicit his opinions. Even more stunning, those capitalists even proposed holding regular breakfast meetings with the premier. These events are in glaring contrast to the executive pardon granted to Tseng on the International Human Rights Day.
Marx once said the legislature is a means by which the bourgeoisie oppresses the proletariat. It is a great misfortune that the socially underprivileged are still being mistreated under the current legal system. However, the modern legal system is not without the means to address the situation. These means may be divided into four categories.
First, we have substantive laws that are legally binding. Secondly, these laws must support or directly put into practice substantive values enshrined in the Constitution. The most significant substantive value is of course the protection of human rights. But rights may turn into nothing but illusions or empty words if no corresponding system of relief and remedies is offered. Therefore, the third category consists of systematic human rights protection, implementation and relief. The most noted protection of this comes from our constitutional courts and judiciary. Lastly, if all else fails, the people take the matter in their own hands and stand up against injustice by disobeying the law.
If we examine the experiences of various modern countries, we will see that only a few countries lack substantive laws. Substantive values, especially those related to human rights, are also sufficiently evident in the legal framework of almost all modern countries. The ROC Constitution is one such example. Therefore, the main reason for the continuing mistreatment of the underprivileged is possibly the lack of legal remedies and reliefs. This means it takes a lot more than a public statement on the sanctity of human rights to improve human rights conditions. A country must work to ensure the protection of human rights through a variety of systematic enforcement measures.
People are less likely to be forced to take the matter into their own hands if their are adequate legal remedies and reliefs. Taiwan's past human rights record indicates that it is relatively weak in terms of offering the needed legal reliefs and remedies. As a result, people are more likely to take matters into their own hands, the way Tseng did.
This weakness is one of the after-effects of Taiwan's past authoritarian rule. At first, the authoritarian administration violently and openly suppressed people's move to deal with problems themselves, that is by non-violent civil disobedience. In time, after making a minimal effort to improve remedies and reliefs, our previous government began to implement milder forms of suppression against civil disobedience and eventually turned a blind eye to it. The new Chen administration has finally started to pay more serious attention to such civil disobedience.
Labor rights and social rights eventually have to rely on a fully developed, rather than incomplete, social security or welfare system as a substitute for legal relief and remedies. Otherwise, President Chen is likely to come to the realization that he has an endless number of pardons to sign, as he boasts about leading Taiwan into the WTO during his presidency. Even though workers are no longer being placed behind bars for fighting for their rights, politicians who go for breakfast meetings with capitalists should not forget that chilly street corners where demonstrations take place may look a lot like prison cells to the workers.
Yen Chueh-an is an associate professor of law at National Taiwan University.
Translated by Gatian Wang
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