Rights
groups hail ratification of UN pacts
By Loa Iok-sin
STAFF REPORTER
Thursday, Apr 02, 2009, Page 3
Human rights groups yesterday welcomed the legislature’s ratification of two UN
human rights conventions on Tuesday — 42 years after their signing — and called
on the government to turn the treaties into national policy.
“The Taiwan Association for Human Rights welcomes the ratification of the two
important international treaties on human rights,” association secretary-general
Tsai Chi-hsun (蔡季勳) said, adding that the ratification was a milestone in the
campaign to improve human rights protection.
Tsai was referring to the legislature ratifying the International Convention of
Civil and Political Rights (ICCPR) and the International Convention of Economic,
Social and Cultural Rights, and adopting the Act Governing Execution of the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights (公民與政治權利國際公約及經濟社會文化權利國際公約施行法).
Then-ambassador to the UN Liu Chieh (劉鍇) signed the two covenants on Oct. 5,
1967, but the legislature only validated them on Tuesday.
Taiwan Alliance to End the Death Penalty executive director Lin Hsin-yi (林欣怡)
hailed the ratification, but said the government had to turn the treaties into
policies.
“Article 6 of the ICCPR says that in countries with the death penalty, the
penalty can only applied to the most serious crimes,” Lin said. “Under
international practice, ‘most serious crimes’ refer to those that violate other
people’s right to life.”
In Taiwan, drug trafficking and gang rape are punishable by death.
Tsai said the Cabinet’s proposed amendments to the Assembly and Parade Act
(集會遊行法) would violate articles 21 and 22 of the ICCPR, which state: “the right
of peaceful assembly shall be recognized. No restrictions may be placed on the
exercise of this right,” except for in cases when national interest, public
security and public heath may be threatened.
Meanwhile, Tsai said he doubted the government was sincere about enforcing the
treaties, since a clause in the draft of the law stipulating that the law would
take effect upon its passage was changed to “the date that the law takes effect
shall be decided by the Executive Yuan.”
Anonymity
no cloak for free speech
By Liang Wen-chieh
梁文傑
Thursday, Apr 02, 2009, Page 8
Since the articles of former Government Information Office official Kuo
Kuan-ying (郭冠英) surfaced, no one — neither in the pan-blue or pan-green camp —
has voiced approval of Kuo’s statements. However, some individuals have defended
him, saying his articles are protected by freedom of speech. As they were
published on blogs under a pseudonym, they say Kuo should not be punished.
Some of his defenders are highly placed intellectuals, such as Shih Chih-yu
(石之瑜), a National Taiwan University professor of political science, and Hsieh
Ta-ning (謝大寧), a former convener of the Democracy Advancement Alliance.
Kuo himself is of the same opinion, and he argues with force that: “Publishing
anonymously or under a pseudonym is a basic principle of freedom of expression.
… If everything must be in the open, then there is no freedom of expression to
talk of … You must not trace the writer. That was done by the [now abolished]
Taiwan Garrison Command during the Martial Law era, but you cannot do this in
the democratic era, as it violates basic principles of democracy and freedom of
expression.”
Such anonymous protest goes against common sense. By having the right to speak,
you are also responsible for what you say. You must be responsible for the
irritation you cause others and you must also be accountable for any possible
charges of insult, defamation or plagiarism. The most basic requirement for
taking such responsibility is to let people know that you have said something.
In particular, when you criticize the political situation or the conduct of
others, you have to provide a chance for people to examine whether you are
qualified to offer such criticism. If you don’t, you’re merely defaming people.
Once you’ve said something, your statement is an objective social fact. Those
insulted will be insulted even if they don’t know who the person insulting them
is; and those who are defamed will be defamed just the same. If being anonymous
absolves one of responsibility, then police would not have to catch fraudsters,
who never use their real names when committing a crime, nor would they have to
trace individuals who seduce teenagers online, since they never reveal their
true identities.
Many writers choose to write under a pseudonym. But throughout history, there
were probably few who have been afraid to admit their real name or claim that
their freedom of expression can only be protected by anonymity. So Chinese
writer Lu Xun (魯迅) did hide his real name — Zhou Shuren (周樹人). Even if the whole
world opposed his surgically precise critique of Chinese culture, he faced
criticism from all sides calmly.
Similarly, writer Lao She (老舍) did not deny that his name was Shu Qingchun
(舒慶春), nor did Bo Yang (柏楊) deny that he was Teng Ting-sheng (鄧定生). Rising
online writer Jiu Ba Dao (九把刀) does not deny that he is Giddens Ko (柯景騰). Not
even famous commentators on TV would dare reject their names in court.
Many people like to stab others in the back, acting like bullies who attack
people with bricks in dark alleys. With the rise of the Internet and blogs, such
behavior is almost everywhere. Many young people think that “anonymous
democracy” is genuine democracy, and that “anonymous slander” is freedom of
expression.
Those who enjoy freedom of expression must take responsibility for their
statements. This principle will never change. Publishing a blog is not about
writing a diary or communicating with specific friends. Rather, it is a matter
of voicing one’s personal opinions for anyone to see. Once your statements
involve insults or defamation, you have to bear the consequences of being
identified by others.
Kuo is about 60 years old. Naturally, he is not as naive as the youngsters of
the cyber generation who mistakenly believe they are not responsible for their
statements if they remain anonymous.
Perhaps he chose to remain anonymous simply because he knew that what he had to
say was inappropriate, while worrying about losing his fat salary and pension.
On the surface, he pretends to be a lofty intellectual, but he is in fact a
civil servant who does not want to end up out of pocket.
Kuo may be able to mislead the cyber generation, but it is surprising to see
professors claim that you don’t have to take responsibility simply by staying
anonymous. I’m afraid something has gone very wrong with Taiwan.
Liang Wen-chieh is deputy director of
the New Society for Taiwan.