|
An open declaration on human rights laws
THE ALLIANCE FOR THE CREATION OF FIVE HUMAN
RIGHTS BILLS
Monday, Mar 08, 2010, Page 8
Two of the most important international human rights covenants, the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights, were ratified last year and
later a law incorporating these covenants in Taiwan took effect on International
Human Rights Day, giving them legal validity. However, the legal protection
offered in Taiwan of important legal interests outlined in the two covenants is
lacking, especially legislation to protect against and punish major
international criminal offenses like crimes against humanity, torture and hate
crimes.
We must therefore make laws to stop Taiwan becoming an international crime
haven. In addition, for individuals around the world who have been subjected to
the aforementioned types of persecution, especially people in China, Hong Kong
and Macau, Taiwan should, based on the spirit of humanitarianism, offer
protection in a refugee act based on international standards.
Therefore, we have committed ourselves to promoting the establishment and
amendment of five laws related to international human rights laws and
international humanitarian law, including the establishment of an act governing
crimes against humanity and torture, a hate crime act and a refuge act as well
as revisions of the Punishment of the Crime of Genocide Act (殘害人群治罪條例) and the
Immigration Act (入出國及移民法).
Taiwan should adopt the principle of universal jurisdiction to prevent and
punish those that commit crimes the international community deems unacceptable,
such as crimes against humanity, torture, genocide and hate crime. The adoption
of this principle would give Taiwan the legal jurisdiction to prevent such
crimes both domestically and overseas.
Such jurisdiction would also help Taiwan stop foreigners who have committed
these crimes from entering the country, although that would involve a revision
to Article 18 of the Immigration Act. After a revision of the law, if such
individuals were to try to enter, Taiwan would be able to prosecute them.
Furthermore, if foreigners in Taiwan who have committed the aforementioned
serious crimes have been charged and are wanted in another country, Taiwan could
assist with their extradition if requested.
Taiwanese are peace-loving and support equality and will not stand for any
actions based on personal prejudice and discrimination that harm the lives of
others, their freedom, assets or personal belongings. This is why we are
promoting the establishment of an act governing hate crime.
Taiwan should recognize as refugees people who suffer severe natural and
man-made disasters according to international human rights standards and offer
them protection. This is why we are promoting the drawing up of a refugee act.
US civil rights activist Martin Luther King once said: “The means we use must be
as pure as the ends we seek.”
We, the initiators for the promotion of these laws, including legislators,
academics and human rights organizations in Taiwan, lawyers in Hong Kong and
Taiwan as well as human rights activists in Taiwan, Hong Kong and China, would
like to make a united call to everyone in Taiwan, regardless of political
affiliation, ethnicity or political ideology, to uphold universal values, follow
the duties outlined in the international covenants and promote the creation of
these laws based on the spirit of humanitarianism.
(The proposed five human rights laws and petitions can be accessed at
www.jrf.org.tw/newjrf/RTE/myform_detail.asp?id=2463)
|
