Within the past week, several Chinese spouses of Taiwanese have stirred up controversy by advocating on social media for China to invade Taiwan. However, that kind of language does not fall under freedom of speech and expression as defined in the UN’s International Covenant on Civil and Political Rights (ICCPR).
Under Article 20 of the covenant, war propaganda and encouragement of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence are prohibited. That is a major exception to the general protections and stipulations listed in the preceding article, which states that everyone has the right to hold opinions without interference.
In 1983, the 19th Session of the UN Human Rights Council passed the general comments to Article 11 to further clarify Article 20. The committee emphasized that Article 20 prohibits war propaganda that possibly or de facto leads to acts of aggression that destroys the advocacy of any peace as promoted in the UN Charter. However, the stipulation does not prohibit the right to self-defense or a person’s self-determination and advocacy for their independence, in line with the language of the charter.
Article 20 also does not specify whether the goal of such propaganda or advocacy of national, racial or religious hatred is targeted at a specific nation, either internally or externally.
Taiwan and China are not subservient to one another. The obvious split between a democratic Taiwan and an authoritarian China is an uncontestable reality, and is part of the international consensus. Advocating for the military annexation of Taiwan not only contravenes the covenants on freedom of speech and expression under the ICCPR, but also contravenes the “Purpose and Principles” section and other conventions of the UN Charter.
To uphold Taiwan’s national security and sovereignty, the government must unequivocally prohibit speech advocating for China’s “military unification of Taiwan.” Application of such laws should of course not be limited to Chinese spouses, but should also apply to Taiwanese, such as former Chinese Nationalist Party (KMT) central policy committee director Alex Tsai (蔡正元).
Chen Yi-nan is the convener of the science and technology committee of the Northern Taiwan Society, and an arbitrator and patent attorney.
Translated by Tim Smith
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