Ioannou, Leon --- "Human Rights in Taiwan: Issues for the 21st Century" [2002] HRightsDef 21; (2002) 11(2) Human Rights Defender 25

Issues for the 21st Century

Leon Ioannou[*]

Introduction

With the end of martial law and the ushering in of democracy in 1987, the profile of Taiwan on the world stage has steadily increased over the last fifteen years. Aided by a healthy economy continually growing in output, Taiwan has reinforced its position as a country, which, on its face, conducts itself as an independent, sovereign state with a well-defined territory, population and government.

Recent comments by Taiwan Government officials have attracted particular media notice. Echoing previous statements, President Chen Shui-bian resisted Chinese claims that Taiwan was part of the People’s Republic of China. In spite of Chinese pressure urging reunification, the remarks are indicative of Taiwan’s push to hold a future referendum on the island’s independence.

Utilising this historical context, this article examines Taiwan’s human rights record. It surveys the cultural underpinnings of Taiwanese society, before highlighting specific issues that are of concern as Taiwan embarks into the 21st Century. The hurdles to be cleared in realising Taiwan’s full human rights potential are also contemplated. This analysis serves to add a dimension to the public and potentially explosive debate surrounding Taiwan’s drive towards complete, independent sovereignty.

Shifting Cultural Attitudes

Until recently, and apart from a brief Japanese occupation during World War Two, Taiwan was administered as a province of mainland China since 1683. Thus, over the centuries, Taiwan inherited China’s socio-economic and cultural values and attitudes.

Traditional Chinese Ideals

Traditional social mores have revolved around Confucian philosophical norms and ideals. Such a philosophy has at its core an emphasis on the community. Accordingly, the individual is identified not by a set of rights but rather by his/her relationship or association with his/her family and broader community. Within such an environment, a code of ethics evolved which placed a duty on the individual to uphold group harmony, even if this necessitated suppressing or subordinating individual claims and grievances.

The Chinese (and consequently Taiwanese) constitution is underpinned by this philosophy. In this context, a strong government is seen as a prerequisite for sustainable democracy. It is therefore significant that the judiciary has traditionally been perceived as a servant of both the individual and the state.

Heightened Awareness of Human Rights

Importantly, political awareness of human rights in Taiwan has marked a departure from that country’s philosophical foundations, particularly since democratisation. Indeed, Taiwan has managed to stress increasingly the importance of maintaining a dignified human rights record despite the fact that relations with China dominate its international agenda. In a widely publicised speech in January 2001, the Taiwanese Minister for Foreign Affairs called for bilateral and multilateral approaches to the ‘promotion and protection of human rights’.

Taiwan’s political preoccupation with human rights is indicated by other recent events. In a boost to the credibility of the Taiwanese judiciary, the case of three detainees (the ‘Hsichih Trio’) on death row since 1992 and reportedly beaten in custody was re-opened in 2000. Also, Taiwan has gradually reduced the number of offences that have carried the death penalty; in February of this year, the Minister for Justice predicted that the end of 2004 would mark the complete eradication of capital punishment in the country. Furthermore, the government granted the establishment of Taiwan’s first labour federation, and recognised three independent organisations representing homosexuals.

Political awareness has been mirrored by the population’s rising social consciousness. Encouraged by relatively liberal media ownership laws, individuals have been able to voice their concerns regarding human rights issues, as well as other community concerns (such as environmental). The press, in particular, is one forum that facilitates discussion of broad-ranging issues, up to and including open criticism of the Chinese regime and its leaders.

Areas of Human Rights Concern

The changing tide of social attitude has not yet negated the cultural norms engrained in Taiwan by centuries of Chinese rule. Furthermore, broad education of the population as to individual civil liberties has, to date, been minimal. Thus, in spite of increased public awareness, these two factors, in combination, have manifested a general lack of understanding of human rights in everyday life.

As a result, several areas still cause concern amongst human rights groups. Invasion of privacy by wire-tapping is reported to be widespread. Further, law enforcement officials, in arresting suspected criminals, have flouted the ‘incidental to arrest’ powers to search locations beyond the immediate arrest site, as well as continue to defy a Council of Grand Justices ruling against searches without warrants.

Once in custody, detainees have reportedly been abused with a view to coercing a confession: no legal obligation rests with police to record interviews or permit legal representation. Evidence acquired in this way, or via the abovementioned searches, is usually admitted into trial through a judicial discretion, and used as a basis for conviction. Indeed, police are rarely found guilty of obtaining evidence illegally. Ironically, some prosecutors, in their drive to stamp out organised crime, are said to have continually breached procedural fairness.

Discrimination of disadvantaged groups remains prevalent. In spite of some legislative enactments, child prostitution is rife, and child abuse generally has been identified as a key problem. Rights of other vulnerable groups have not been adequately protected. Commercially driven media reporting techniques have, in some cases, fanned prejudicial social sentiments. In this way, public areas known to be frequented by homosexual men have been subject to regular police inspection.

Interestingly, indigenous Taiwanese face problems the same as those commonly recognised as confronting indigenous Australians: educational underachievement, low socio-economic status, and high rates of alcoholism. Governmental decisions centring on the allocation of lands and natural resources have seldom been prefaced by consideration of indigenous Taiwanese land rights, culture or traditions.

Women, too, are subject to prejudicial treatment. Cultural norms and social pressures dissuade female victims of violence and rape from reporting such incidents. Moreover, sex discrimination in the workplace remains prevalent in spite of the passing of the Equal Protection Employment Act in 2001. Age, marriage and pregnancy are factors that either hinder women finding gainful employment, or sometimes compel them to quit work. Also, employers have dismissed union leaders without reasonable cause.

General working conditions are described as poor. Reports assert that employers continually exploit migrant workers. Occupational and work-related injuries and deaths are at a high level; technological advances have yet to ‘filter down’ to the workshop and factory floors.

Finally, capital punishment remains a concern: 10 people were executed in 2001 (down from the previous year’s total of 17).

Inadequate Infrastructure

The major obstacle in providing administrative redress for grievances or, more basically, implementing programs aimed at educating the public as to their fundamental human rights, is found in the structurally inadequate, poorly funded Taiwanese institutions that presently exist for fulfilling such obligations. Rectifying this situation fundamentally requires a concerted and coordinated effort over time. Realising such an effort would crystallise the heightened public and political responsiveness of the role of human rights in day-to-day living.

In this context, it is significant that drafting of legislation that establishes a National Human Rights Commission was completed in August of this year. Enactment of the bill will serve to fulfil a 2001 election commitment made by the incumbent President. The Commission’s role, once established, would include the investigation, mediation and ruling on cases of human rights violations, and, where necessary, assist victims or their representative organisations in litigation. In addition, it would also serve to play a preventative role: such a task would span monitoring of general community standards, consulting key human rights organisations, and providing broader educative initiatives.

The scope and coverage of the Commission’s influence promises improvements in Taiwan’s human rights record. It is nevertheless vital that it is not starved of resources, a characteristic that has plagued other Taiwanese bodies in the past charged with addressing the concerns of, and providing the necessary assistance for, disadvantaged groups. In any case, the Commission represents a key institution in a framework that will serve to prevent human rights abuses through educative programs, and address such violations as and when they arise.

Conclusion

China cites its reunification with Hong Kong under the ‘One Country, Two Systems’ arrangement as a successful example of integration in its pitch to Taiwan advocating against independence. China holds that Taiwan, once absorbed by the mainland, would be entitled to retain its socio-economic arrangements as a ‘special administrative region’ of the People’s Republic of China. Taiwan, however, is resisting China’s advances. It asserts that its high level autonomy, coupled with a fully functional, democratised political system, makes it less attractive than Hong Kong as a candidate for reunification.

The policy underlying Taiwan’s human rights agenda supports its claim that it is incompatible with China’s treatment of individual rights. Political awareness on the island is beginning to counteract the cultural norms established by the Chinese some centuries ago, which emphasised the individual’s place within the group. Nevertheless, an inadequate administrative framework is in place to educate and uphold human rights. The imminent installation of the National Human Rights Commission reflects the reality that Taiwanese politicians are responding to social demands. In order to foster further improvements in such a progressive environment, calls for reunification with the Chinese mainland must be defied.

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[*] Leon Ioannou is a second year graduate law student at the University of New South Wales and an intern at the Australian Human Rights Centre.