Building A Human Rights State-A Taiwan Pledge

W.S. "Peter" Huang
Advisor and former Chairperson
Taiwan Association for Human Rights (2002)


Democratization is an open - ended process that requires continuous deepening and consolidation. The strengthening of human rights is an essential part of this process. This is especially true for young democracies like Taiwan. President Chen Shui-Bian was keenly aware of this necessity, and ,at the beginning of the new administration following the first-ever party rotation in the history of this nation, proposed the idea of "building a human rights state"( ren quan li quo). In accordance with this principle, the administration has developed a series of policies, measures and plans relating to the promotion and protection of human rights :

  1. The first-ever review of the policies, rules and practices of all ministries and departments to see how they measure up to international human rights standards. (The first phase of this survey has been completed and a report is now available to the public.)

  2. The establishment of a National Human Rights Commission in accordance with the United Nations' "Paris Principles" . (The Legislative Yuan is expected to begin debate on two draft bills-proposed by the administration and an NGO Coalition respectively-during the current session.)

  3. The ratification of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights(ICESCR), both of which ROC signed in 1967. (The bill was tabled at the Legislative Yuan in April).

  4. Turning the ICCPR and the ICESCR , together with other major international human rights standards, into a domestic bill of rights, in the form of a Human Right Basic Law, (The draft bill is scheduled for completion in 2002.)

  5. The drafting and release of a National Human Rights Action Plan in accordance with the 1993 Vienna Declaration and Program of Action. (The draft plan will be completed for public consultation in 2003.)

  6. The first-ever national human rights report as a dry run before the proposed National Human Rights Commission starts its operation and takes over the duty. (To be released in February 2003.)

  7. A program to revise existing laws and propose new legislation (such as the gradual abolition of capital punishment and the strength of anti-discrimination laws) required by some of the policies above. (Under planning, with some items in partial implementation.)

  8. A human rights education and training program for schools, public servants and professions including judges and prosecutors. Also included in this program is the establishment of a National Human Rights Memorial Museum which will double as a human rights education center. (Under planning, with some items in partial implementation.)

  9. The intensification and expansion of exchanges with the international human rights community (in progress).


These human rights initiatives for "building a human rights state" are designed to achieve three objectives.

First, after half a century of one-party monopoly of state power and 38 years of martial-law rule, the constitutional-democratic order specified in the ROC Constitution is slow to become a living reality penetrating the nation's culture and tradition. Human rights being the heart of any constitutional democracy worthy of the name, in rebuilding the constitutional order, it is essential not only to emphasize the rule of law, but also to ensure that all laws meet human rights standards.

Second, in the "Age of Rights" following World War II, people are not only entitled to rights enshrined in the national constitution but also universal human rights protected by international human rights law. By emphasizing the universality of these rights and by incorporating international standards, the policies, measures and plans will serve to enrich the nation's efforts to re-build and re-new the constitutional order.

Third, when the ROC was forced to withdraw from the UN in 1997, it was also severed from the international human rights regime. Although designed primarily for domestic purposes, the human rights initiatives will also signal to the world that, despite diplomatic isolation imposed on us, we are still part of the global village of human rights, and that we are willing and ready to participate in the universal realization of universal rights.

At the current stage, priority is given to infrastructure --- building necessary for advancing rights. It is hoped that progress in rights will quicken on this foundation, paving the path for more target-specific policies and measures to come.


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