Taiwan celebrated International Human Rights Day on Thursday in the best possible fashion - by implementing the provisions of the world's two most important human rights treaties as domestic law.
Because Taiwan is currently excluded from the United Nations, its recent ratification of both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights could not gain formal recognition by the world community. Yet this does not prevent the 'domestication' of these treaties to consolidate Taiwan's evolving democracy and rule of law.
Now, the conduct of all levels of Taiwan's government institutions must conform to the two covenants, not only by avoiding human rights violations but also by protecting people from infringements by others and by promoting the realisation of human rights.
This is not empty talk. A reporting system is being established to monitor progress, funds will be allocated to relevant activities on a priority basis and all laws, regulations, directives and administrative measures must be reviewed to assure their compatibility with the covenants. Any that are incompatible must be abolished, amended or replaced within the next two years.
The Ministry of Justice has been given the task of establishing human rights training programmes for all officials as well as prosecutors and judges. Scholars, lawyers, other experts and Taiwan's dynamic civic organisations have also begun to submit proposals for reform. That's quite a change from the authoritarian rule of Chiang Kai-shek.
The situation in mainland China is more complex and less promising. Beijing has ratified over 20 international human rights documents, including the economic, social and cultural covenant, as well as the covenant against torture.
But the civil and political rights covenant presents a much higher mountain to climb, since it commits countries not only to democratic and religious freedoms but also to comprehensive guarantees of due process of law in the administration of criminal justice. Although Beijing signed this covenant 11 years ago, big gaps exist between mainland realities and this covenant's demands. The Communist Party harshly suppresses the slightest sign of unauthorised political activity. Unapproved religious practitioners are harassed and frequently punished.
