Taiwan Association for Human Rights


INTRODUCTION


Established on December 10, 1984, the Taiwan Association for Human Rights (TAHR) is the oldest independent human rights organization in Taiwan. In its early years, TAHR operated within an environment of repression and fear. Chiang Kai-shek imposed martial law on Taiwan in 1949 and, for decades, suspended the Constitution in Taiwan and subjected thousands of individuals to illegal arrests, torture, imprisonment, and extrajudicial executions. With the formation of the first genuine opposition party in 1986 and the lifting of martial law in 1987, democratization pushed Taiwan in a new direction. Government offices were opened to public elections and the rights to free expression, assembly and association were gradually restored.

Although Taiwan no longer holds political prisoners, TAHR continues to deal with the legacy of authoritarian rule. Rule of law, independence of the judiciary, and accountability of the police and military authorities remain elusive in Taiwan. Public awareness about human rights - particularly, about international human rights norms and mechanisms - is severely deficient. Taiwan's diplomatic isolation constitutes another significant obstacle in the promotion of human rights because it effectively insulates the government from external human rights monitoring.


GOALS


TAHR seeks to promote and protect the fundamental principles of human rights, as enshrined in the Universal Declaration of Human Rights and related international instruments. TAHR believes in the universality of human rights and rejects the use of cultural, social, or economic factors as excuses for violating human rights.

Areas of current concern to TAHR include, but are not limited to, human rights institution-building, human rights education, abolition of the death penalty, accountability for abuses by police and military officials, and judicial reform. TAHR works with other domestic non-governmental organizations to promote the human rights of specific sectors such as women, laborers, indigenous peoples, and children.

TAHR also seeks to contribute to the promotion of human rights, regionally and internationally. In addition to raising international awareness about human rights conditions in Taiwan, TAHR is working to engage the Taiwanese community in the global movement for human rights.


PROGRAMS IN 1998 - 1999


Human Rights Institution-Building

TAHR is working to promote the establishment of a national human rights commission (NHRC) in Taiwan. The creation of NHRCs or human rights ombudsmen has become an increasing trend among Asian, Latin American, African, and European countries. The United Nations has also affirmed the importance of such institutions in promoting human rights and increasing government accountability for abuses. Based on a comparative analysis of legislation from various countries and consultation with domestic and international NGOs and legal experts, TAHR will draft a bill for an NHRC in Taiwan.

Human Rights Education

TAHR helps to raise public awareness about human rights issues by sponsoring educational seminars, hosting radio programs, and writing opinion articles in the newspapers. In 1999, TAHR will issue the Taiwan Human Rights Quarterly, publishing articles on human rights conditions in Taiwan, inter-disciplinary research on human rights, and developments in international human rights law.

TAHR is also concerned with providing human rights training for specific professional sectors, including judges, lawyers, law enforcement officers, military officials, educators, and doctors. TAHR is currently developing a human rights training curriculum for judges and prosecutors. In 1999, TAHR will also coordinate a human rights training program for law enforcement personnel in Taiwan.

Documentation

TAHR publishes an annual Taiwan Human Rights Report which provides a comprehensive overview of the human rights situation in Taiwan. Taiwan's leading human rights lawyers, academics, and activists contribute to the annual report. In 1999, TAHR will be investigating and publishing a special report on prison conditions in northern Taiwan.

Campaigns

TAHR conducts campaigns regarding particular issues and individual cases. TAHR regularly receives reports of human rights abuses from victims and their relatives. TAHR conducts preliminary investigations, refers individuals to appropriate channels for assistance, and, where appropriate, may mobilize domestic and international support. Some recent campaigns include the following (note: click on the respective headings for more information on each of these):

Campaign Against the National IC Card System
In 1998, the government announced that it would implement a national identification card system which would consolidate each individual's fingerprints, personal data, medical, history and financial records into a single card. It envisions that every citizen will have the new card by the year 2001, making Taiwan the first country to adopt such a system (in other countries, plans for identification cards of a similar scope have been defeated). The national identification card system was instituted without consultation with the public and without the passage of appropriate legislation. TAHR is heading the PANIC coalition of organizations to protest the legality of the national identity card and its grave implications for the right to privacy.

Death Penalty Cases: Su Chien-ho, Liu Bin-lang, and Chuang Lin-hsun
In October 1991, these three men were charged with murder, rape, and robbery. At the trial and appellate stages, judges admitted improperly-obtained evidence while excluding exculpatory evidence, such as testimony that the defendants had been elsewhere during the time of the murders. In February 1992, the three men were sentenced to death, primarily on the basis of confessions extracted under torture. They have been on death row since February 1995, following the exhaustion of their appeals. TAHR has helped to coordinate a coalition of over 50 organizations, which has sponsored numerous petitions and letter-writing campaigns calling for a review of the case. Amnesty International has also issued a series of Urgent Actions regarding this case.

Case of Chiang Wen-chung
In 1996, Chiang, a military prosecutor refused to detain a suspect upon orders from a superior. Chiang insisted that a decision regarding detention should be made according to the proper procedures and subsequently ordered the release of the suspect. In February 1998, Chiang was convicted of abusing his powers and sentenced to one year in prison.

Legislative Reform and Monitoring

The government in Taiwan signed the International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights (the ICCPR and the ICESCR) in 1967. Although Taiwan is not internationally recognized as a party to these instruments, Taiwan's signature still binds the government to domestic obligations. Thus, TAHR is pushing for the ICCPR and ICESCR to be ratified by the Legislative Yuan and to be fully incorporated into Taiwan's domestic law.

TAHR also monitors new legislation which impact on human rights, such as laws regarding criminal procedure, the access of citizens to the courts, and military justice. In 1998, TAHR will be following the implementation of the White Terror Compensation Law, which will provide compensation to individuals who were unjustly imprisoned during Taiwan's martial law era.

Legal Aid Reform

Access to legal counsel regardless of one's economic status is an integral part of the right to a fair trial, as enshrined in Article 14 of the ICCPR. TAHR is working with the Judicial Reform Foundation, the Taipei Bar Association, and others to study the establishment of legal aid systems in other parts of the world. TAHR will help to formulate proposals for reforming Taiwan's current system of legal aid , which is poorly funded and unable to meet the needs of Taiwan's indigent population.

Regional and International Cooperation

TAHR is committed to promoting human rights, not only domestically, but also regionally and internationally. The organization participated in the drafting of the Asian Human Rights Charter, adopted by non-governmental organizations in Kwangju, Korea in May 1998. TAHR actively maintains contacts with non-governmental organizations in other countries to share ideas and strategies about common projects and concerns.


STRUCTURE


TAHR is an impartial non-governmental organization, independent of any government, political or religious affiliation. The organization is primarily financed by private contributions and membership fees.

TAHR is governed by an Executive Board, consisting of eminent Taiwanese lawyers, academics, and social activists. The Board is further divided into functional committees representing the major program and administrative activities of TAHR, such as International Human Rights, Death Penalty, Human Rights in the Military, Police Power, Legal Aid, and Human Rights Education.