http://www.forum-asia.org/index.php?option=com_content&task=view&id=2246&Itemid=129
Taiwan should drop charges against HRDs and amend parade and assembly law
(Bangkok, 30 June 2009) Asian Forum for Human Rights and Development (FORUM-ASIA) and Taiwan Association for Human Rights(TAHR) have jointly called on Taiwan to respect and protect freedom of expression and freedom of assembly by dropping the charges against two prominent human rights defenders, and amending the Parade and Assembly Law in accordance to the International Covenant on Civil and Political Rights (ICCPR) ratified at the Legislative Yuan in March 2009.
The two human rights defenders, Lin Jia Fan, President of the Taiwan Association for Human Rights (TAHR) and Lee Min Tsung, Vice-Chairperson of Amnesty International (AI) Taiwan, were recently charged for allegedly violating the Parade and Assembly Law during peaceful demonstrations held last November 2008. Both Lee and Lin were involved in separate peaceful demonstrations and charged under Article 29 of the Parade and Assembly Law. The law says, “Any parade or assembly ordered dissolution failed to do so and continue despite of the restraint. The leader shall be punished with imprisonment for not more than two years of detention”. Lee, as an assistant professor of the Department of Sociology of National Taiwan University, led a group of 250 students, professors and NGOs members in a “sit-in” protest in front of the Executive Yuan, protesting against excessive force used by police against demonstrators during the visit of a Chinese high ranking official to Taiwan.
Lin led a demonstration of at least 50 people in front of the Legislative Yuan last year on 19 November to demand for the amendment of the Parade and Assembly Law. He is also an associate professor of the department of civic education and leadership of National Taiwan Normal University. “These indictments are indirect contravention with the right to freedom of peaceful assembly as enshrined in the Constitution of Taiwan and the International Covenant on Civil and Political Rights”, said Emerlynne Gil, Human Rights Defenders program manager of FORUM- ASIA. She said public assembly should be allowed as long as it is peaceful.
The Bangkok-based regional human rights organisation welcomed some of the latest amendments proposed by the Executive Yuan on the Parade and Assembly Law. However, it said that it is still not enough to fully protect the right to freedom of expression and freedom of assembly in Taiwan. The Executive Yuan of Taiwan proposed the amendment of the law on 4 December 2008 after Taiwan’s President promised to amend the law with the slogan during his election campaign, “to adopt the notification system and to give streets back to people”.
“The proposed amendments have made some improvements, but the provision requiring the organisers to apply for a permit from the police to hold public assembly is still there. It also allows the police to define certain places as ‘restrictive areas’ where public assembly cannot be held. This vested vast discretionary powers in the police which may be abused on legitimate and peaceful assembly as in the case of Lin Jia Fan and Lee Mi Tsung”, said Tsai Chi-Hsun, the Secretary General of Taiwan Association of Human Rights.The proposed amendments have reduced the permit application period from 5 days to 3 days prior to the public assembly. It has also proposed to take away the imprisonment punishment for violating the law. The Parade and Assembly Law was adopted since 1988, replacing 38 years of Martial Law in Taiwan. It gives wider powers to police to disperse demonstrations and designate restricted areas, while making it
compulsory for organisers to apply for permits. Human rights defenders, including students, academics and activists have strongly criticized the unconstitutionality of this law, deemed to have violated Taiwan’s Constitution under Article 14, which states clearly that “The people have freedom of assembly and association”.
FORUM-ASIA is a regional human rights organisation based in Bangkok, Thailand, with 42 members across Asia. TAHR is the first human rights organisation in Taiwan and a member of FORUM-ASIA.
For further inquiries, please contact:
Emerlynne Gil, Program Manager, Human Rights Defender Program, FORUM-ASIA at +66 (0)2 6532940 or email: em@forum-asia.org; or
Tsai Chi-Hsun, Secretary General, Taiwan Association for Human Rights at (phone number) or email: chihsun.tsai@gmail.com
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