| Chapter 5 as well as embarrassment. After President Chen Shui-bian proclaimed his promise to build a human rights state, Taiwan began to promote the ratification of the two covenants. The Executive Yuan held multiple inter-departmental meetings and the matter was also heatedly discussed in the Legislative Yuan. The KMT, which held the majority at the Legislative Yuan at that time, opposed the ratification. The government, outnumbered by the opposition, was unable to complete the ratification process. Even the later Draft for the Act to Implement the Two Covenants was rejected. President Ma Ying-jeou Supported the Act to Implement the Two Covenants Taiwan saw its second peaceful transition of power between political parties after the 2008 presidential election. The KMT returned to power, and human rights groups continued lobbying after President Ma Ying-jeou took office. In February 2009, President Ma Ying-jeou listened to a briefing on the two covenants and the drafts of their enforcement acts, after | Continual Improvement: Keeping Up with International Trends which he publicly pledged his support. The two covenants and their draft enforcement acts were quickly ratified and passed by the Legislative Yuan, to be enacted on December 10—International Human Rights Day—later that year, officially initiating the domestication of human rights conventions in Taiwan. However, when the ratification papers were sent to the UN Secretary-General, the UN refused to “deposit” them on the basis of the UN General Assembly Resolution No. 2758, which recognized the PRC as the only legitimate representative of China. As a result, Taiwan was unable to complete the signing process. There are three steps to becoming a contracting party of the two covenants. The first is the signature, which is usually signed by each nation’s ambassador to the UN. The next step is ratification, which is typically approved by parliament. The third step is deposit, which is when the head of state announces the ratification and sends the relevant paperwork to the Secretary-General of the UN. When the ratification of the two covenants was promoted during President Chen Shui-bian’s term, May 20, 2000: The first peaceful transition of power between political parties in Taiwan. On the inauguration ceremony of DPP President Chen Shui-bian (right), the outgoing President Lee Teng-hui (left) waved goodbye to the people after handing over his power. Photographer: Huang Yen-wen to the UN, signed them on behalf of the ROC government. However, since the martial law violated many articles in the covenants, they were never sent to the Legislative Yuan for ratification. In 1971, the People’s Republic of China (PRC) replaced the ROC as the representative of China in the UN. The PRC declared the Taiwanese authorities’ signatures invalid, but had no intention of signing themselves. It wasn’t until 26 years later, when the CCP was trying to become the host nation for the 2008 Summer Olympics, that they finally signed the ICESER in 1997 and the ICCPR in 1998. So far, however, 146 the CCP has only completed the ratification of the ICESER in 2001. The ratification of the ICCPR, on the other hand, has always been on hold. The main reason for the CCP to shelf the ratification is the same as why it was hard for Taiwan to ratify the covenant under martial law. The CCP refuses to implement democratic elections and give power to the people. It also refuses to implement the protection of basic human rights such as personal freedom, spiritual freedom, and freedom of expression in its legal system. Forcibly ratifying the ICCPR would inevitably lead to scrutiny regarding the covenant’s articles, April 20, 2012. President Ma Yi n g - j e o u h o s t e d a p r e s s conference for "Human Rights - Future: National Report on the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights". Courtesy of: Office of the President 147

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