[TAHR] Network News -- May

A magnificent Rome was not built in one day, and it would take more than one day to destroy a vicious Rome. During the process of democratization, Taiwan has never looked back to identify the root causes for violence or provided transitional justice initiatives. Up-to-date, numerous policies, laws, culture myth and value are still shadowed by Martial Law, waiting in the dark corners of society for the chance to resume lost power. They linger in the sub-consciousness of our bureaucrats and citizens or even blatantly appear in the form of present laws. And worst of all, nobody seems to care.

The Assembly and Parade Law is the best example.

Every democratic country on this planet protects the freedom of speech, assembly and association. Most laws that regulate assembly and demonstration only require people to notify the Police Department before the event, and the purpose is to protect the safety of demonstrators. Only an undemocratic nation or government will impose a mandate of permit application prior to any event. Taiwan’s Assembly and Parade Law not only adopts the parade permit system, but also gives the police precinct the authority to approve or deny a permit application. Does the police have the rights and the ability to decide on the performance of people’s fundamental rights as endowed by the Constitution?

In reality, the Assembly and Parade Law that originated from the Martial Law Period has long suppressed the space for people to voice concerns and protest. Every time a rally or parade is held in the street, the participants are faced with the police’s warnings and orders to disperse. The law has been selectively enforced by the police, depending on the forms of assembly and their sponsors. The power given to the police is almost equivalent to that of the Grand Justices, which is unconstitutional and has concretely amounted to a gag order on people’s rights to express opinions.

In 2005, a number of people were arrested by the police due to participation in protests and strikes. Some were indicted by the Prosecution based on The Assembly and Parade Law. The most controversial case took place in July 2005 when a group of college students participated in a peaceful petition rally in front of the Ministry of Education. The police issued three warnings to disperse. Afterwards, a graduate student from the Sociology Department of Cheng Chi University, Lin Bo-Yi, claimed that peaceful demonstration is one of people’s fundamental rights and refused to plead guilty. As a result, he was indicted for violating the Assembly and Parade Law. This year, more and more intellectuals that oppose the law were “brought to justice” by the police for “violating the Assembly and Parade Law.” – including the President of Taiwan Association for Human Rights, Professor Wu Hau-Jen and Professor Chung Sio-Mei from National Cheng Kung University. It almost appears like Taiwan has returned to the White Terror once again.

The Assembly and Parade Law is a creation left from the Martial Law Period that needs to be reviewed and amended as democracy proceeds. However, ever since the law was formulated, hardly any amendment was made. The stifling atmosphere and regulations permeate the law and bring darkness to the democratization that Taiwan has always taken pride in. Moreover, the law contradicts the rights of assembly governed by the Constitution. Worst of all, the police present at the site of assembly are granted excessive discretionary power and free to enforce the law selectively. Under such circumstances, protestors who lack the support from political parties or celebrities are dispersed or arrested arbitrarily, while those with access to political and media sources remain undisturbed and at ease. This has severely distorted the equality for free speech in public space, and the law becomes selectively applicable to different individuals.

Right now, TAHR is in the process of founding an alliance whose goal is to abolish the law. Freedom of speech is understood to outlaw censorship and guaranteed under international law. As an NGO, it is our duty to challenge the authority and make improvement. The law is no doubt hindering us on our way to a better and freer society where people can truly express their opinions, regardless of the medium used.