President Ma Ying-jeou met with a delegation of scholars from The Maureen and Mike Mansfield Foundation led by Professor Jerome A. Cohen at the Presidential Office on the morning of September 10. The president, on behalf of the government and people of the ROC (Taiwan), extended a cordial welcome to Professor Cohen and his colleagues on their visit to Taiwan.
President Ma remarked that since its founding in 1983, The Maureen and Mike Mansfield Foundation has actively promoted rule of law projects in Asia. The foundation has engaged in cooperation with the National Taiwan University College of Law over the past decade. The two organizations are now holding a conference on "Benchmarking Development of the Rule of Law in Asia: 1999-2009" in Taiwan to share joint research achievements and initiatives to promote rule of law with the public of Taiwan, the president noted.
President Ma stated that over the past 60 years, a democratic system has been established in Taiwan. The president, the entire legislature, and local government heads are elected in a free, democratic and open process. However, Taiwan still has a distance to go to achieve full rule of law, he said. The president commented that last year when he was elected, United States President George W. Bush praised Taiwan as a beacon of democracy to Asia and the world. President Ma said that on the one hand he was pleased to hear these remarks, but on the other hand he felt the praise was somewhat undeserved, as while Taiwan has chalked up many democratic achievements, it still has room to improve in the area of rule of law.
President Ma furthermore said that the protection of human rights is the most important link in a society based on rule of law. He said that on May 14 of this year he signed instruments of ratification of two international human rights covenants, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The president stressed that the normal process in the approval of covenants calls for the said covenant to take effect three months after the document has been deposited at the United Nations (UN). However, President Ma noted that the UN will not necessarily accept covenants approved by the ROC (Taiwan). Therefore, the Ministry of Justice specially drafted a statute governing implementation of the two international covenants here, incorporating the content of the covenants into ROC law. The president said that this has brought Taiwan's human rights standards in line with those of the international community, and that the method adopted by Taiwan to institute these covenants into law is quite progressive.
President Ma quoted famous remarks made by Lord Acton: "Power tends to corrupt and absolute power corrupts absolutely." He said that in his capacity as president, he exercises his authority judiciously and absolutely forbids corruption and abuse of power. The president cited the recent August 8 flooding and mudslide disaster as an example. He said that many called on him to declare an emergency order. However, he said he was convinced that the Disaster Prevention and Protection Act already provided a sufficient legal basis, adding that if he declared an emergency decree that move could have possibly been construed as abusing his power. President Ma stressed that even though he came under criticism, he nonetheless is firm in his belief that those in power should exercise their authority carefully. This is an important link in promoting rule of law, he said.
President Ma stressed that East Asian societies have long emphasized rule of men over rule of law. He said that one must shoulder risks in seeking to change this tradition. However, the establishment of democracy and rule of law has been his aspiration for many years. The president said that he will not abandon this goal even if he faces risks or criticism in the process of promoting it. President Ma remarked that he hopes that a society increasingly based on the rule of law will be realized during his term.
Professor Cohen expressed his appreciation to President Ma for taking time out of his busy schedule to meet with him at this critical juncture of a Cabinet reshuffle. Professor Cohen and President Ma exchanged opinions on shared experiences with regards to the independent operation of Taiwan's judiciary, the experience of judicial reform in Japan and Korea, future judicial reform in Taiwan and education emphasizing the rule of law.