19 January 2017
Wei-Min Wang /Taipei

The ICCPR and ICESCR have been adopted as domestic laws in Taiwan for over 7 years. Ten international experts on human rights visited Taiwan to attend the Review Meeting of the ROC's Second Report under the ICCPR and ICESCR held at the International Conference Center of Chang Yung-Fa Foundation on Jan. 16-20, 2017. The meeting reviews the implementation of the 81 conclusive opinions and suggestions proposed in the last review meeting in 2013 as well as Taiwan government’s implementation of other measures to protect human rights over the past four years. The experts also met with representatives of the government agencies and human rights organizations to conduct extensive and thorough discussions. Several groups that are protesting forced relocation held press conferences and presented plays outside the meeting venue, criticizing the government for failing to implement reform. The Federation of Legal and Tax Reform pointed out the fact that the Two Covenants have not been actively enforced and questioned the current problematic taxation practices, including imposing travel bans on taxpayers owing taxes, levying taxes without following the principle of evidence, and few judges applying the ICCPR and ICESCR in their decisions. The international experts on human rights questioned the status of the National Human Rights Committee and the related measures needed to make it effective, and they also pointed out that human rights education programs for Taiwan’s public servants who enforce the state power are severely inadequate.

On Jan. 16, the opening day of the meeting, Vice President Chen Chien-Jen Chen attended the opening ceremony as the convener of the Presidential Office Human Rights Consultative Committee. Legislator Mei-Nu Yu, on behalf of the Legislative Yuan, presented a report on the achievements of human rights protection. Nongovernmental organizations such as the Covenants Watch, Taiwan Aboriginal Policy Association, Aboriginal Youth Association, Taiwan Alliance of Anti-Forced Eviction, NAPPA, and Taiwan Action for Prison Reform, provided their claims and appeals in response to the conclusive opinions and suggestions. After hearing their claims and appeals, the 10 international experts questioned the status of the National Human Rights Committee and the related measures needed to make it effective. They proposed that the constitution should be amended and the committee should be completely independent and in line with the Paris Principles. They also suggested that there should be a set limit on how long a term may be and that no members should be allowed to serve a second term.

Civic organizations such as the Federation of Legal and Tax Reform also pointed out that the rights of over 23 million people in Taiwan have been seriously violated because the tax system has not been fair and the administrative agencies have not imposed taxes according to the principle of evidence. That has generated many tax problems such as never-ending tax bills and false tax bills. The problematic taxation practices have seriously violated the people’s personal liberty and their rights to live, which are protected by the Two Covenants. Additionally, the winning rate for the people in the Administrative Courts is extremely low; especially in tax cases, the winning rate is less than 6%. The people of Taiwan cannot get fair and just judgments in the Administrative Courts, and this is seriously against the Two Covenants, which guarantee people’s litigation rights. The unjust taxation practices have caused a bizarre phenomenon—in 2015 there were 6.53 million cases where taxpayers owed taxes or dues and forced execution were pending.

Administrative Deputy Minister of Justice Ming-Tang Chen and representatives of all government agencies presented their reports on the core documents and conclusive opinions and suggestions No. 8-35 and No. 81 in the first session of the review meeting on the afternoon of Jan. 16. Virginia Bonoan-Dandan, who is from the Philippines and has come to Taiwan to attend the review meeting for the second time, said that she felt disappointed because the Taiwan government’s response to the need for more human rights education this time is almost the same as the last time and it failed to focus on the true meaning of human rights. She believes that there should be continuous improvement in human rights education and that human rights education programs for teachers, judges, prosecutors, and the police should be different. Sima Samar, who is from Afghanistan, asked if the Two Covenants have been incorporated into human rights education. If not, then the people of Taiwan will not know about them and will fail to assert their rights. She also pointed out that there should be an evaluation mechanism to determine how human rights education programs impact judges, prosecutors, and the police as they perform their duties after receiving the human rights education. The human rights experts all think that a few hours of human rights education for law enforcement officers are nowhere near enough and that there is a lot of room for improvement in this area. They also believe that judges should apply the Two Covenants in their decisions more frequently.

Reporters from several media groups also asked Administrative Deputy Minister of Justice Ming-Tang Chen about serious violations of human rights by the finance and tax agencies and about the fact that the Two Covenants have not been actively enforced, such as imposing travel bans on taxpayers owing taxes, levying taxes without following the principle of evidence, and few judges applying the Two Covenants in their decisions. Deputy Minister Chen said that the government also wishes to improve these issues. Law enforcement officers should bravely apply the Two Covenants when they find the spirit or the articles of the Two Covenants or the related rights protected by the Two Covenants have been violated. They can actively apply the Two Covenants or passively consider the government agencies’ fundamental regulations to be wrong. He thinks that the administrative agencies should follow the principle of evidence and all government agencies’ actions, dispositions, and punishment on the people should be based on the principle of evidence rather than personal preference. The administrative agencies and other related government officers should be aware that the Tax Collection Act places great emphasis on the principle of evidence and the government agencies have the burden of proof in tax cases, added Administrative Deputy Minister of Justice Ming-Tang Chen.

Regarding transitional justice, Sima Samar, who is from Afghanistan and has experienced the devastating effects of wars for 40 years, thinks that the truth has to be revealed, the damage to the victims should be recognized, and the victims’ requests for compensations should be respected in unjust cases.

After the government agencies presented their reports, the experts at the review meeting had a dialogue with nongovernmental organizations. The experts asked the NGOs about their opinions of the government’s responses, and for the responses that they don’t agree with, they are encouraged to submit documents that specify their needs. NGOs such as Taiwan Aboriginal Policy Association, Aboriginal Youth Association, and Taiwan Alliance of Anti-Forced Eviction said that the government often makes its decision first and then asks the public to participate in meetings. In public hearings, the people’s opinions are not accepted by the government and cannot change its decisions. They hope the government will communicate with the public and respect the people’s voices in the beginning of its policy–making process instead of notifying the public after its decisions and policies are made and forcing the public to accept them.

Photo: Vice President Chen Chien-Jen attended the opening ceremony as the convener of the Presidential Office Human Rights Consultative Committee.