Wed, Mar 28, 2001 page2

• Pro-independents fight for the freedom of association

  • By Irene Lin / STAFF REPORTER
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  Denied the right of freedom of association, a group of pro-independence activists charged that the Civic Organization Law (人民團體法) was unconstitutional and is determined to take its case for a review by the Council of Grand Justices.

  The Goa-Seng-Lang Association for Taiwan Independence (GATI, 外省人台灣獨立促進會), an unregistered group composed of pro-independence activists of mainland origin, recently lost a suit against administrative authorities, who have denied the group's registration on the grounds that it advocates "separatism."

  The Administrative Supreme Court (最高行政法院) last week upheld the authorities' decision, saying that GATI's charter, which explicitly promotes the establishment of an independent state of Taiwan, is not allowed under either the Constitution or the organization law.

  The court reasoned that the state's territory cannot be altered without a resolution by the National Assembly according to the Constitution. Moreover, it noted the organization law prohibits civic groups from advocating communism or separatism.

  "Taiwan is the territory of the Republic of China" and thus the rights to freedom of association do not apply to GATI, which promotes the establishment of an independent Taiwan state," the court concluded.

  Dissatisfied with the ruling, GATI declared it plans to lodge an appeal with the Council of Grand Justices for a review of the constitutionality of the organization law.

  Established by a few pro-independence activists of mainland origin in 1993, GATI applied for registration as a local civic organization in 1998 to Taipei City's Bureau of Social Affairs.

  Deputy Governor of the central bank Chen Shih-meng (陳師孟), former chairman of the GATI, was among those who initiated the application.

  After the application and the following petition were denied, Chen filed suit against the city's bureau of social affairs with the Administrative Supreme Court.

  GATI contended that the right of freedom of association is guaranteed by the Constitution -- along with other basic rights of freedom of assembly, speech and publication.

  And the right of association should include the freedom to name a civic organization whatever one chooses, the group said.

  Furthermore, the pro-independence advocates argued there should be no prior restraints on the right of freedom of association even in cases such as theirs.

  They insisted that administrative authorities can only withhold a civic organization's rights and disband it if it acts in violation of the law.

  In 1998, the Council of Grand Justices declared prior restraints on people's right of freedom of assembly were invalid, in response to law enforcement agencies' constant refusal to permit political public gatherings.

  A year later, the council invalidated the restrictions on using the word Taiwan in the names of civic organizations in a decision on the rights of freedom of association.

  The GATI argued both of the council's rulings have signaled better protection for freedom of association and assembly.
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