New
Policies of the Government
A
new opening was made in 2000, with the
election of the Democratic Progressive
Party administration. In his inaugural
address, President Chen Shui-bian, himself
a lawyer who had defended political prisoners,
announced a set of human rights policies,
the first ever in the nation history,
to redress Taiwan human rights isolation.
These initiatives fall mainly into four
areas.
(1)
Institution-building
A
National Human Rights Commission, long
advocated by the UN, is to be established.A
revised draft bill is to be considered
at the Legislative Yuan (Taiwan Parliament),
this fall. The Executive Yuan (the Cabinet)
has also set up an Inter-ministerial Human
Rights Task Force both to implement the
set of human rights policies and to launch
other initiatives.
(2)
Ratification of International Human Rights
Instruments
Taiwan
signed the International Covenant on Economic,
Social and Cultural Rights (ICESCR) and
the International Covenant on Civil and
Political Rights (ICCPR) in 1967 but failed
to take action to ratify them. In April
this year, the Executive Yuan formally
submitted them to the Legislative Yuan
for ratification. The spirit and idea
behind this initiative is the Taiwan should
go as far as it can to fulfil its obligations
as a covenant signatory, even if, for
political reasons, it falls short of depositing
them at the UN.
(3)
Domestication of International Human Rights
Standards
On
the plane of domestic law, fundamental
international human rights standards are
to be formed into a domestic Bill of Rights,
incorporating major rights from ICESCR,
ICCPR and other major conventions. This
law, to be called the Human Rights Basic
Law, is currently in the process of being
drafted.
(4)
International Human Rights Exchange and
Cooperation
In
order to lessen the impact of Taiwan?isolation
from the world human rights movement,
much more international exchanges are
needed, particularly with NGOs. President
Chen has specifically mentioned ICJ expertise
as an important source of assistance for
Taiwan human rights infrastructure building.
Role
of the TBA:
All
of these policies and measures are largely
the result of NGO campaigning and lobbying
of which the TBA (most frequently in alliance
with the Taiwan Association for Human
Rights and the Judicial Reform Foundation)
was very much a part. The TBA, for example
was a member of the Coalition for a National
Human Rights Commission, and it hosted
a lecture on “nterface Between Law
and Human Rights”by Professor Kofi
Kumado during his visit to Taiwan in May
2001. Several TBA members are also participating
as experts in the new Inter-ministerial
Taskforce on Human Rights.