President Ma Ying-jeou held a press conference on the morning of April 25 to discuss the government's release of Taiwan's Second National Report on the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The president described what the government has done to raise the level of human rights protections in Taiwan, and explained that a serious effort is underway to bring practices here in line with international norms. He also commented on a recent random murder incident and the ensuing public dialogue over whether to do away with the death penalty.
In remarks, the president started by describing progress made to date in the development of human rights in Taiwan. The protection of human rights has become a global consensus and worldwide trend since the United Nations (UN) passed the Universal Declaration of Human Rights in 1948. In 1966 the UN passed the ICCPR and the ICESCR. Together, he said, these three documents are generally referred to as the International Bill of Human Rights, the international community's most important body of human rights legislation. "These documents have had an enormous impact on the world," said the president.
President Ma pointed out that the ROC signed the two UN human rights covenants back in 1967 but was never able to ratify them because it lost its right of representation at the UN in 1971. He took office in May of 2008, said the president, then declared that same year on World Human Rights Day (December 10) that Taiwan should complete ratification procedures for the two UN human rights covenants as quickly as possible, and incorporate their content into domestic law in order to enhance human rights protections and bring Taiwan's human rights safeguards in line with the international human rights system.
The president ratified the two UN human rights covenants in May of 2009, and an Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights ("Act to Implement the ICCPR and the ICESCR") entered into force on December 10 of that same year, incorporating the two covenants into domestic law. The ROC then delivered the instruments of ratification for deposit with the UN Secretariat. The UN refused to accept the instruments for deposit, based on UN General Assembly Resolution 2758, under which the ROC lost its right of representation at the UN, replaced by mainland China. However, remarked the president: "Our failure to deposit the instruments of ratification does not change the fact that judicial and administrative agencies in the ROC are now subject to the binding legal force of the content of these two UN human rights covenants."
President Ma stressed that even though the ROC has lost its right of representation at the UN, it has never really left the UN. Indeed, he said, the words "Republic of China" are clearly written in Article 23 and Article 110 of the Charter of the United Nations: "Our name is still right there in the UN Charter. We shouldn't sell ourselves short." In addition, Article 141 of the ROC Constitution also requires the ROC to "respect treaties and the Charter of the United Nations," which means that the UN Charter is incorporated by reference into the ROC Constitution, so "regardless whether we are able to exercise our rights (at the UN), we will still give our full support to UN principles."
As for concrete progress in the ROC's efforts to protect human rights, the president stated that in addition to the two UN human rights covenants, the ROC's Enforcement Act for the Convention on the Elimination of All Forms of Discrimination against Women entered into force on January 1, 2012; the Enforcement Act of the Convention on the Rights of the Child entered into force on November 20, 2014 (Universal Children's Day); the Act to Implement the Convention on the Rights of Persons with Disabilities entered into force on December 3, 2014 (International Day of Persons with Disabilities); and the Act to Implement the United Nations Convention against Corruption was promulgated on December 9, 2015. So all told, six UN covenants have been incorporated into domestic law in Taiwan.
The president stressed that the government established the Presidential Office Human Rights Consultative Committee (HRCC) on December 10, 2010 to strengthen consultations on human rights policies and implement the basic rights set forth in the Constitution. The main duties of the HRCC are to review domestic legislation, carry out human rights assessments, study the possible establishment of a national human rights agency, and implement human rights education and training for civil servants. Most importantly, the HRCC has established the ROC's national human rights report system and set up a platform for international human rights dialogue, as required under the Act to Implement the ICCPR and the ICESCR. The ROC government in April of 2012 issued its first national human rights report in accordance with UN standards, and in February of 2013 hosted an international review of that report. Although it was not possible to conduct the review through official UN channels, the ROC government nevertheless invited 10 international human rights experts to conduct a review and prepare a report in Taiwan. The government also invited concerned parties within Taiwan to take part in the review process, and the reviewers issued 81 concluding observations and recommendations. This approach to the review was highly praised by human rights experts. "It demonstrated our firm resolve and good-faith intent to implement the two UN human rights covenants, and ensure that their provisions make an actual difference in people's everyday lives," said the president.
Commenting on the death penalty issue, President Ma stated that a recent random murder incident in Taiwan has triggered criticism that the courts here are too lenient in their sentencing, findings of fact, and application of law. Some critics have also said this is because Taiwan's signing of the two UN human rights covenants has made it impossible to carry out the death penalty, but "this is a colossal misunderstanding," said the president. Article 6 of the ICCPR, which entered into force in 1976, allows for imposition of the death sentence under three circumstances. First, the death sentence may only be imposed for the most serious of crimes. Second, the sentence must not contravene the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. And third, the penalty can only be carried out pursuant to a final judgement rendered by a competent court. The UN has passed numerous resolutions to place a moratorium on implementation of the death penalty, but these resolutions are non-binding, so it is clear, said the president, that "international law poses no obstacle" to imposition and execution of the death penalty by Taiwan's prosecutorial organs and courts.
The president further pointed out that the ROC does not abuse the death penalty. Capital punishment is imposed quite seldom in Taiwan, and the number of executions has dropped by two-thirds during his presidency in comparison with the years when he served as minister of justice (1993-96). The government's policy on the death penalty is guided by the principle of "retaining the death penalty, but using it prudently."
The ROC, remarked the president, understands the state of world opinion on the death penalty. The signing of the European Convention on Human Rights in 1950 did not prompt a quick abolition of the death penalty by European nations; it was not until 1982 that the Council of Europe abolished the death penalty except in respect of acts committed in time of war or of imminent threat of war. Abolition of the death penalty in all circumstances did not come until 2003. President Ma stated that during his stint as minister of justice he once carried out a public opinion on the death penalty and found that opposition to abolition of capital punishment stood at 72% among the general public, 78% among social elites, and 88% among judges and prosecutors. A more recent opinion poll of the general public by the Ministry of Justice still indicated over 80% opposition to abolition of the death penalty. Therefore, said the president: "The conditions are not yet ripe for abolition of the death penalty in Taiwan. Our policy of retaining the death penalty, but using it prudently will remain in place."
President Ma stated that the ROC places great importance on human rights. The government has made a serious and sustained effort in recent years to strengthen human rights protections, and important progress has been achieved. Hopefully, he added, the next administration will place the same importance on human rights issues and work together toward the goal of permanent human rights safeguards.
Among those accompanying President Ma at the press conference were Vice President and HRCC Convener Wu Den-yih, HRCC Deputy Convener Chai Sung-lin (柴松林), Premier Chang San-cheng (張善政), Examination Yuan President Wu Jin-lin (伍錦霖), Judicial Yuan Vice President Yeong-Chin Su (蘇永欽), Control Yuan Vice President Sun Ta-chuan (孫大川), and Secretary-General to the President Tseng Yung-chuan (曾永權). The presence of so many senior government officials was a concrete demonstration of how seriously the ROC government takes the issue of human rights.