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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
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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,
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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
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