On December 20, the Legislative Yuan passed amendments to the Public Officials Election and Recall Act, the Constitutional Court Procedure Act, and the Act Governing the Allocation of Government Revenues and Expenditures. The Kuomintang (KMT) and Taiwan People's Party (TPP) leveraged their numerical advantage to force these significant legislative changes through hand votes, bypassing substantive democratic procedures and thorough discussion. The Taiwan Association for Human Rights (TAHR) strongly condemns this reckless maneuver, as these laws have far-reaching implications for human rights.
Undermining the Constitutional Court's Functionality
The amended Constitutional Court Procedure Act now requires a minimum of 10 Justices to deliberate on cases, with at least 9 agreeing to declare a law unconstitutional. Given that the Constitutional Court currently has only 8 Justices, any obstruction by the KMT and TPP in approving new Justice appointments could incapacitate the Court. This poses a severe threat to the protection of fundamental rights and the constitutional system that upholds the separation of powers.
The Constitutional Court serves as the ultimate recourse for citizens seeking redress for human rights violations. As of November 30th, 2024, 94% of the 465 pending cases before the Court were initiated by Taiwanese citizens. With Taiwan excluded from the United Nations human rights framework and lacking a regional human rights court, the Constitutional Court stands as the nation's final line of defense for human rights protection.
The amendments to the Public Officials Election and Recall Act mandate that recall petitions include photocopies of signatories’ National Identification Cards. This requirement lacks necessity and raises serious concerns about privacy and personal data protection. Data collection must adhere to the principle of proportionality, ensuring that only essential information is gathered through the least intrusive means.
In the context of recall petitions, there are numerous methods to verify identities without infringing on privacy rights. Expanding personal data collection not only increases the risk of data breaches but also imposes additional burdens on citizens, potentially deterring participation in recall initiatives and stifling political expression. The right to recall is a constitutionally protected form of political participation. As these amendments effectively undermine this right, it is reasonable to raise concerns about their constitutionality.
The amended Act Governing the Allocation of Government Revenues and Expenditures continues to maintain most power over fiscal allocation under the central government. However, the allocation criteria and procedures lack democratic deliberation and fail to adequately revisit local autonomy and relevant debates. It undermines local self-governance and impedes the effective functioning of local administrative bodies, creating potential conflicts over governance and resource distribution.
Since the commencement of this legislative session, the KMT and TPP, holding a majority in the Legislative Yuan, have consistently ignored the principles of substantive democracy and deliberation. By forcing their way through amendments without meaningful discussion or consideration of opposing views, they undermine the core function of the legislature in a democratic constitutional system.
In all three cases, the amendments passed were introduced as last-minute motions, leaving no room for proper debate or public scrutiny. While procedural motions are part of legislative strategy, using them to forcefully adopt significant amendments deprives legislators and civil society of the opportunity to engage in substantive discussions, eroding the democratic values that underpin legislative processes.
Freedom, human rights, and a democratic constitutional system are values deeply cherished by the people of Taiwan. These principles have made Taiwan the most democratic and free nation in East Asia and given our nation the potential to play a leading role in advancing human rights across the region. However, the hasty amendments to these three laws starkly reveal the majority party’s disregard for democratic processes and human rights protections. As the quality of legislation deteriorates and constitutional checks and balances weaken, the progress Taiwan has painstakingly achieved in human rights and democracy is now at risk. TAHR will continue to monitor these developments closely, working alongside countless partners in civil society to safeguard our hard-earned democracy. We also issue a stern warning to political parties that disregard democratic values: stop trampling on democracy and human rights.
Translated by: Jackson, Intern
Mandarin version ：https://www.tahr.org.tw/news/3620
