DOCSLIB.ORG

The Hidden Face of Taiwan Lessons Learnt from the ICCPR/ICESCR Review Process

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

THE HIDDEN FACE OF TAIWAN Lessons learnt from the ICCPR/ICESCR review process Article 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3: Everyone has the right to life, liberty and security of person. Article 4: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5: No one shall be subjected to torture or to cruel, April 2013 / N°605a Cover photo: Communities affected by forced evictions protesting outside the ICCPR/ICESCR meeting, February 2013. Copyright: TAHR. 2 / Titre du rapport – FIDH Map of Taiwan --------------------------------------------------------------------------------------------4 About this report ------------------------------------------------------------------------------------------5 INTRODUCTION---------------------------------------------------------------------------------------6 1. General facts on Taiwan ------------------------------------------------------------------------------6 2. Historical background ---------------------------------------------------------------------------------6 PART I: Taiwan’s human rights framework ------------------------------------------------------8 1. National human rights mechanisms -----------------------------------------------------------------8 2. The ICCPR/ICESCR Review Process --------------------------------------------------------------9 3. The need for transitional justice ------------------------------------------------------------------- 10 PART II: Death penalty and the administration of justice------------------------------------ 13 1. Death penalty ----------------------------------------------------------------------------------------- 13 2. The administration of justice ----------------------------------------------------------------------- 15 a) Conditions of detention ----------------------------------------------------------------------------- 15 b) Judicial reforms -------------------------------------------------------------------------------------- 16 PART III: The rights of women and migrants -------------------------------------------------- 18 1. Women’s rights in Taiwan -------------------------------------------------------------------------- 18 2. Migrants’ rights -------------------------------------------------------------------------------------- 19 a) An overview of Taiwan’s migrant population ---------------------------------------------------- 19 b) Human trafficking ---------------------------------------------------------------------------------- 20 PART IV: Economic, social and cultural rights ------------------------------------------------ 22 1. Land rights -------------------------------------------------------------------------------------------- 22 2. Environmental rights -------------------------------------------------------------------------------- 23 3. The rights of indigenous peoples ------------------------------------------------------------------ 24 a) General situation of indigenous people in Taiwan ---------------------------------------------- 24 b) Post-Morakot reconstruction --------------------------------------------------------------------- 25 4. Right to housing-------------------------------------------------------------------------------------- 26 CONCLUSION AND RECOMMENDATIONS ------------------------------------------------ 29 ANNEX: List of meetings in Taiwan -------------------------------------------------------------- 34 FIDH/TAHR – The hidden face of Taiwan / 3 Map of Taiwan Source: http://www.ezilon.com/maps/asia/taiwan-maps.html 4 / The hidden face of Taiwan – FIDH/TAHR About this report Since the end of Martial Law in 1987, Taiwan has gone through a deep transformation, bringing to an end the authoritarian regime of the past. Among the numerous legislative reforms undertaken, one of the most recent and remarkable took place in 2009 when the Government of Taiwan ratified the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which it had signed in 1967, prior to its exclusion from the United Nations in 1971. From 25 February to 1 March 2013, a ten-member expert committee visited Taiwan to assess the government’s initial report, released in April 2012, and make concluding observations. Prior to this visit, the International Federation for Human Rights (FIDH) and Taiwan Association for Human Rights (TAHR) organised a joint mission in Taiwan from 5 to 14 November 2012 to assess the human rights situation in the country and the government’s on-going efforts to address core human rights challenges highlighted in its initial report1. The mission presented its findings and recommendations to the expert committee. At the occasion of their joint mission, FIDH and TAHR found that while progress has undoubtedly occurred in Taiwan, there remain major shortcomings opposing domestic laws, policies and regulations to international human rights standards. In addition to the critical issue of capital punishment, FIDH and TAHR found that tremendous challenges remain in the field of economic, social and cultural rights, which are not yet adequately addressed by domestic laws and policies. The most pressing issues are related to the pursuit of rapid economic expansion without regard for human rights, a policy exemplified by land expropriation in both rural and urban areas; lack of concern for environmental rights; the continued marginalisation of indigenous peoples; and human rights abuses affecting women and migrants from other parts of Asia. FIDH and TAHR, which met government agencies, non-government organisations and affected communities, valued the work achieved by a multitude of NGOs, which joined in a large coalition2 to express their views and share recommendations with authorities. The government’s willingness to consult with civil society organisations and engage them in the review process was deemed commendable. The present report, published a few weeks following the review of the government’s initial report by the expert committee, details FIDH/TAHR findings and recommendations in view of supporting further efforts to protect and promote human rights in Taiwan. FIDH thanks all government officials who agreed to meet and discuss with FIDH and TAHR; the various Taiwanese NGOs (see annex) who shared extremely valuable data and information; its member organisation in Taiwan, TAHR, in particular Ms. Chi-Hsun Tsai, Ms. E-Ling Chiu and Mr. Yi-hsiang Shih; and last but not least community representatives and other people who took the time to give their testimonies. 1. FIDH team members included Mr. Danthong Breen, director of the Union for the Civil Liberty (FIDH member organization in Thailand); Ms Puri Kencana Putri, researcher at the Commission for the Disappeared and Victims of Violence, KontraS (FIDH partner in Indonesia); and Mr. David Knaute (FIDH international secretariat). 2. http://covenants-watch.blogspot.fr/ FIDH/TAHR – The hidden face of Taiwan / 5 INTRODUCTION 1. General facts on Taiwan Name: Taiwan or Republic of China (ROC). Government structure: Taiwan is a republic with a president and vice-president, and five branches of government, known as ‘Yuan’: Executive Yuan (consisting of 29 Cabinet level agencies, including the Ministry of Justice), Judicial Yuan (exercises the power to interpret, adjudicate, and judicial administration), Legislative Yuan (Parliament), Control Yuan (branch of government investigating allegations of abuse of power by government organizations and civil servants) and Examination Yuan. Location: Taiwan is situated less than 160 kilometres off the south-eastern coast of the People’s Republic of China (PRC). It includes the islands of Taiwan, Kinmen, Matsu and Penghu (the Pescadores) and some smaller islands and islets. Area: 36,008 km² which corresponds to a total area of 3.6 million hectares including 13% of urban lands, 79% non-urban lands and 8% of natural parks. Total population: 23.16 million.3 Population growth: 2.16‰.4 Ethnic groups: Taiwanese 84%, mainland Chinese 14%, indigenous 2%. Migrant workers: Between 400,000 and 500,000 from South-East Asia (mainly Indonesia, the Philippines, Thailand, and Vietnam). Languages: Mandarin, Taiwanese (Minnan), Hakka dialects, indigenous dialects. 2. Historical background The history of Taiwan goes back to the foundation of the Republic of China (ROC) in 1911 which then corresponded to the current area of mainland China. From 1927, a civil war erupted, opposing forces loyal to the government led by the Kuomintang (KMT)5 to forces of the Chinese Communist Party. The present territory of Taiwan was at the time not under its own administration, but under Japanese colonial rule. The second Sino-Japanese war (1937- 1945) ended when the Japanese lost World War II. Chiang Kai-shek, then leader of the KMT, represented the
Recommended publications
  • Tatay-Sheng Wang, the Legal Development of Taiwan in the 20Th

    Tatay-Sheng Wang, the Legal Development of Taiwan in the 20Th

    Washington International Law Journal Volume 11 Number 3 6-1-2002 The Legal Development of Taiwan in the 20th Century: Toward a Liberal and Democratic Country Tay-sheng Wang Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Tay-sheng Wang, The Legal Development of Taiwan in the 20th Century: Toward a Liberal and Democratic Country, 11 Pac. Rim L & Pol'y J. 531 (2002). Available at: https://digitalcommons.law.uw.edu/wilj/vol11/iss3/3 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Copyright 0 2002 Pacific Rim Law & Policy Journal Associalion THE LEGAL DEVELOPMENT OF TAIWAN IN THE 20TH CENTURY: TOWARD A LIBERAL AND DEMOCRATIC COUNTRY* Tay-sheng Wang I. INTRODbCTION The legal development of Taiwan' in the twentieth century reflects the complex legacy of "one land with two national flags." A government imposed by Japan ruled Taiwan for the first half of the twentieth century (1895-1945), followed by a government originating in China (the Chinese mainland) in the second half of the century (1945-2000). The people who came from Japan or Republican China became the leading class in Taiwan. Accordingly, these two regimes were regarded by the native inhabitants as foreign rulers.2 Taiwan's legal institutions underwent a radical change on the eve of the twentieth century.
  • Taiwan and China's Cross-Strait Relations" (2018)

    Taiwan and China's Cross-Strait Relations" (2018)

    The University of San Francisco USF Scholarship: a digital repository @ Gleeson Library | Geschke Center Master's Projects and Capstones Theses, Dissertations, Capstones and Projects Spring 5-18-2018 Contending Identities: Taiwan and China's Cross- Strait Relations Jing Feng [email protected] Follow this and additional works at: https://repository.usfca.edu/capstone Recommended Citation Feng, Jing, "Contending Identities: Taiwan and China's Cross-Strait Relations" (2018). Master's Projects and Capstones. 777. https://repository.usfca.edu/capstone/777 This Project/Capstone is brought to you for free and open access by the Theses, Dissertations, Capstones and Projects at USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. It has been accepted for inclusion in Master's Projects and Capstones by an authorized administrator of USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. For more information, please contact [email protected]. 1 Contending Identities: Taiwan and ​ China’s Cross-Strait Relationship Jing Feng Capstone Project APS 650 Professor Brian Komei Dempster May 15, 2018 2 Abstract Taiwan’s strategic geopolitical position—along with domestic political developments—have put the country in turmoil ever since the post-Chinese civil war. In particular, its antagonistic, cross-strait relationship with China has led to various negative consequences and cast a spotlight on the country on the international diplomatic front for close to over six decades. After the end of the Cold War, the democratization of Taiwan altered her political identity and released a nation-building process that was seemingly irreversible. Taiwan’s nation-building efforts have moved the nation further away from reunification with China.
  • Cross-Taiwan Strait Relations: What Are the Legitimate Expectations from the WTO Qingjiang Kong

    Cross-Taiwan Strait Relations: What Are the Legitimate Expectations from the WTO Qingjiang Kong

    University of Minnesota Law School Scholarship Repository Minnesota Journal of International Law 2005 Cross-Taiwan Strait Relations: What Are the Legitimate Expectations from the WTO Qingjiang Kong Follow this and additional works at: https://scholarship.law.umn.edu/mjil Part of the Law Commons Recommended Citation Kong, Qingjiang, "Cross-Taiwan Strait Relations: What Are the Legitimate Expectations from the WTO" (2005). Minnesota Journal of International Law. 220. https://scholarship.law.umn.edu/mjil/220 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Journal of International Law collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Cross-Taiwan Strait Relations: What are the Legitimate Expectations from the WTO? Qingjiang Kong* INTRODUCTION On December 11, 2001, China acceded to the World Trade Organization (WTO).1 Taiwan followed on January 1, 2002 as the "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu."2 Accession of both China and Taiwan to the world trading body has triggered a fever of activities by Taiwanese businesses, but the governments on both sides of the Taiwan Strait have been slow to make policy adjustments. The coexis- tence of business enthusiasm and governmental indifference * Professor of International Economic Law, Zhejiang Gongshang University (previ- ously: Hangzhou University of Commerce), China. His recent book is China and the World Trade Organization:A Legal Perspective (New Jersey, London, Singapore, Hong Kong, World Scientific Publishing, 2002). Questions or comments may be e- mailed to Professor Kong at [email protected].
  • Investigation of Deformation Front in Miaoli Offshore Area, Taiwan

    Investigation of Deformation Front in Miaoli Offshore Area, Taiwan

    Geophysical Research Abstracts Vol. 21, EGU2019-6948-3, 2019 EGU General Assembly 2019 © Author(s) 2019. CC Attribution 4.0 license. Investigation of deformation front in Miaoli offshore area, Taiwan Sz-Jie Chen and Gwo-Shyh Song national taiwan university, Oceanography, Taipei, Taiwan Taiwan is located in the collision zone between the Eurasia plate and the Philippine Sea plate. The Philippine Sea plate moves to northwest at a rate of 7 cm per year relative to the Eurasian plate resulting in forming a series of fold-and-thrust belts aligned in northeast-southwest direction. Westward compressive forces gave the younger or more active faults are located in the west. Scholars refer the west edge of fold and thrust belts as the location of so-called deformation front. To the north of the Sanyi-Puli Seismic Zone, it is believed the front goes to ocean floor and is located offshore of Miaoli and Hsinchu County. Previous studies indicated that the deformation front follows the trace of Hsinchu fault extending offshore to the place where water depth at 35m. Beneath water layer, sediment strata were deformed compressively to imply its young occurrence. Accordingly, this study was proposed, we therefore believed that the trace of deformation front shall be turned southward and aligned offshore along the coastal line of Chunan-Houlong. The tools to trace the deformation front offshore Chunan and Houlong are reflection seismic system, multi-beam echo sounder and side-scan sonar system in this study. Survey results indicate offshore deformation front appears along a reverse fault with 0.8◦ dipping angle southeastwards, and its trace extending from Hsinchu Fault to the deeper area over 50 meters depth.
  • Reaching LGBT Travelers: Taiwan Report Profile of Taiwanese International Visitors

    Reaching LGBT Travelers: Taiwan Report Profile of Taiwanese International Visitors

    2017 Taiwan LGBT Travel Trends LGBT Market Intelligence Report | Reaching LGBT Travelers: Taiwan Report Profile of Taiwanese International Visitors May 2017 Produced by 1 2017 Taiwan LGBT Travel Trends LGBT Market Intelligence Report | ABOUT CMI 25 YEARS OF LGBT INSIGHTS › Community Marketing & Insights (CMI) has been conducting LGBT consumer research for 25 years. Our practice includes online surveys, in-depth interviews, intercepts, focus groups (on-site and online), and advisory boards. Industry leaders around the world depend on CMI’s research and analysis as a basis for feasibility evaluations, positioning, economic impact, creative testing, informed forecasting, measurable marketing planning and assessment of return on investment. › Key findings have been published in the New York Times, Washington Post, Chicago Tribune, Los Angeles Times, Wall Street Journal, Forbes, USA Today, Chicago Tribune, Miami Herald, CBS News, NPR, CNN, Reuters, Associated Press, eMarketer, Mashable, and many other international, national and regional media. › CMI’s other research clients include leaders from a wide range of industries. In the past few years, studies have been produced for these and many other clients: VISIT FLORIDA, Empire State Development Corp., Las Vegas Convention & Visitors Authority, NYC & Company, Visit Orlando, Greater Fort Lauderdale CVB, Palm Springs Bureau of Tourism, Travel Portland, Choose Chicago, Tourism Toronto, Argentina Tourism Office, Hawaiian Airlines, Hyatt Hotels, Prudential, Wells Fargo Bank, Aetna, Target Brands,
  • The Rise and Fall of the Taiwan Independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010)

    The Rise and Fall of the Taiwan Independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010)

    University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2012 The Rise and Fall of the Taiwan independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010) Dalei Jie University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Asian Studies Commons, and the Political Science Commons Recommended Citation Jie, Dalei, "The Rise and Fall of the Taiwan independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010)" (2012). Publicly Accessible Penn Dissertations. 524. https://repository.upenn.edu/edissertations/524 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/524 For more information, please contact [email protected]. The Rise and Fall of the Taiwan independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010) Abstract How to explain the rise and fall of the Taiwan independence policy? As the Taiwan Strait is still the only conceivable scenario where a major power war can break out and Taiwan's words and deeds can significantly affect the prospect of a cross-strait military conflict, ot answer this question is not just a scholarly inquiry. I define the aiwanT independence policy as internal political moves by the Taiwanese government to establish Taiwan as a separate and sovereign political entity on the world stage. Although two existing prevailing explanations--electoral politics and shifting identity--have some merits, they are inadequate to explain policy change over the past twenty years. Instead, I argue that there is strategic rationale for Taiwan to assert a separate sovereignty. Sovereignty assertions are attempts to substitute normative power--the international consensus on the sanctity of sovereignty--for a shortfall in military- economic-diplomatic assets.
  • Official Tourist Publication Change of Kaohsiung City from the Prespective of Territory Change

    Official Tourist Publication Change of Kaohsiung City from the Prespective of Territory Change

    International Journal of Management and Applied Science, ISSN: 2394-7926 Volume-4, Issue-10, Oct.-2018 http://iraj.in OFFICIAL TOURIST PUBLICATION CHANGE OF KAOHSIUNG CITY FROM THE PRESPECTIVE OF TERRITORY CHANGE 1HUEI-JU CHEN, 2JIA SIANG CHEN 1Professor, Department of Leisure and Recreation Management, National Kaohsiung University of Hospitality and Tourism, Kaohsiung, Taiwan 2Graduated student, Master Program in Transportation and Leisure Service Management, National Kaohsiung University of Hospitality and Tourism, Kaohsiung, Taiwan. E-mail: [email protected], [email protected] Abstract: The global visibility of Kaohsiung City, Taiwan is expecting by publishing international version of Kaohsiung publications, and expanding to the international channels. In 2010, Kaohsiung City’s territory was re-planned, which was an important milestone to establish a metropolise by county/city merger. Align with the county/city merging, the publication of original Kaohsiung County, namely “Kaohsiung County Today” was discontinued, and that of original Kaohsiung City, namely “Kaohsiung Pictorial” was also integrated into the publication of the new Kaohsiung County administrative region. Besides, the layout design of such publication was turned into the layout with a standard specification and a uniform style. In 2015, the existing publication was integrated and revised into “KH STYLE”. Therefore, this study attempts to understand the difference in the layout designs between the republished “Kaohsiung Pictorial” and the current “KH STYLE ", as well as summarize their style evolution before and after the merger of Kaohsiung County/City. This study used the content analysis to explore the elements included in the layout design as the manifestation and classified samples in the classification table.
  • The Presbyterian Church in Taiwan and the Advocacy of Local Autonomy

    The Presbyterian Church in Taiwan and the Advocacy of Local Autonomy

    SINO-PLATONIC PAPERS Number 92 January, 1999 The Presbyterian Church in Taiwan and the Advocacy of Local Autonomy by Christine Louise Lin Victor H. Mair, Editor Sino-Platonic Papers Department of East Asian Languages and Civilizations University of Pennsylvania Philadelphia, PA 19104-6305 USA [email protected] www.sino-platonic.org SINO-PLATONIC PAPERS is an occasional series edited by Victor H. Mair. The purpose of the series is to make available to specialists and the interested public the results of research that, because of its unconventional or controversial nature, might otherwise go unpublished. The editor actively encourages younger, not yet well established, scholars and independent authors to submit manuscripts for consideration. Contributions in any of the major scholarly languages of the world, including Romanized Modern Standard Mandarin (MSM) and Japanese, are acceptable. In special circumstances, papers written in one of the Sinitic topolects (fangyan) may be considered for publication. Although the chief focus of Sino-Platonic Papers is on the intercultural relations of China with other peoples, challenging and creative studies on a wide variety of philological subjects will be entertained. This series is not the place for safe, sober, and stodgy presentations. Sino-Platonic Papers prefers lively work that, while taking reasonable risks to advance the field, capitalizes on brilliant new insights into the development of civilization. The only style-sheet we honor is that of consistency. Where possible, we prefer the usages of the Journal of Asian Studies. Sinographs (hanzi, also called tetragraphs [fangkuaizi]) and other unusual symbols should be kept to an absolute minimum. Sino-Platonic Papers emphasizes substance over form.
  • The Origins and Development of Taiwan's Policies Toward The

    The Origins and Development of Taiwan's Policies Toward The

    The Origins and Development of Taiwan’s Policies toward the Overseas Citizens’ Participation in Homeland Governance and Decision-Making Dean P. Chen, Ph.D. Assistant Professor of Political Science Ramapo College of New Jersey Presentations for the Center on Democracy, Development, and the Rule of Law Stanford University February 28, 2014 How International Relations (IR) Theories Matter? • Second-image reversed (Peter Gourevitch, 1978) – International systemic changes affect domestic politics – Domestic political actors and institutions filter the effects of international conditions, resulting in changes of interests, coalitions, norms, ideas, identities and policies • Constructivist theory of argumentative persuasion (Thomas Risse, 2000) – Interests and identities can be changed through the social interactive processes of argumentation, deliberation, and persuasion Main Argument • The Republic of China (ROC)/Taiwan’s policies toward overseas constituents have always been closely aligned with the government’s diplomatic objectives – From KMT’s pan-Chinese nationalism to Taiwan’s desire for a greater international space and political autonomy • Transformations of international politics inevitably shape the domestic political situations in ROC/Taiwan, which, then, impact policies toward the overseas community • Despite facing a rising People’s Republic of China (PRC), Taiwan’s democratization and rising Taiwanese consciousness have fostered a new set of identities, interests, and arguments that compete with Beijing’s “one China” principle
  • The History and Politics of Taiwan's February 28

    The History and Politics of Taiwan's February 28

    The History and Politics of Taiwan’s February 28 Incident, 1947- 2008 by Yen-Kuang Kuo BA, National Taiwan Univeristy, Taiwan, 1991 BA, University of Victoria, 2007 MA, University of Victoria, 2009 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Department of History © Yen-Kuang Kuo, 2020 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee The History and Politics of Taiwan’s February 28 Incident, 1947- 2008 by Yen-Kuang Kuo BA, National Taiwan Univeristy, Taiwan, 1991 BA, University of Victoria, 2007 MA, University of Victoria, 2009 Supervisory Committee Dr. Zhongping Chen, Supervisor Department of History Dr. Gregory Blue, Departmental Member Department of History Dr. John Price, Departmental Member Department of History Dr. Andrew Marton, Outside Member Department of Pacific and Asian Studies iii Abstract Taiwan’s February 28 Incident happened in 1947 as a set of popular protests against the postwar policies of the Nationalist Party, and it then sparked militant actions and political struggles of Taiwanese but ended with military suppression and political persecution by the Nanjing government. The Nationalist Party first defined the Incident as a rebellion by pro-Japanese forces and communist saboteurs. As the enemy of the Nationalist Party in China’s Civil War (1946-1949), the Chinese Communist Party initially interpreted the Incident as a Taiwanese fight for political autonomy in the party’s wartime propaganda, and then reinterpreted the event as an anti-Nationalist uprising under its own leadership.
  • Transitional Justice in Taiwan: Changes and Challenges

    Transitional Justice in Taiwan: Changes and Challenges

    Washington International Law Journal Volume 28 Number 3 7-1-2019 Transitional Justice in Taiwan: Changes and Challenges Nien-Chung Chang-Liao Yu-Jie Chen Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Nien-Chung Chang-Liao & Yu-Jie Chen, Transitional Justice in Taiwan: Changes and Challenges, 28 Wash. L. Rev. 619 (2019). Available at: https://digitalcommons.law.uw.edu/wilj/vol28/iss3/5 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2019 Washington International Law Journal Association TRANSITIONAL JUSTICE IN TAIWAN: CHANGES AND CHALLENGES Nien-Chung Chang-Liao* and Yu-Jie Chen** Abstract: Taiwan’s experience with transitional justice over the past three decades suggests that dealing with historical injustice is a dynamic and fluid process that is fundamentally shaped and constrained by the balance of power and socio-political reality in a particular transitional society. This Article provides a contextualized legal-political analysis of the evolution of Taiwan’s transitional justice regime, with special attention to its limits and challenges. Since Taiwan’s democratization began, the transitional justice project developed by the former authoritarian Chinese Nationalist Party (Kuomintang, KMT) has been rather disproportionately focused on restorative over retributive mechanisms, with the main emphasis placed on reparations and apology and little consideration of truth recovery and individual accountability.
  • Women's Political Participation and Representation in Asia

    Women's Political Participation and Representation in Asia

    iwanaga The ability of a small elite of highly educated, upper-class Asian women’s political women to obtain the highest political positions in their country is unmatched elsewhere in the world and deserves study. But, for participation and those interested in a more detailed understanding of how women representation strive and sometimes succeed as political actors in Asia, there is a women’s marked lack of relevant research as well as of comprehensive and in asia user-friendly texts. Aiming to fill the gap is this timely and important study of the various obstacles and opportunities for women’s political Obstacles and Challenges participation and representation in Asia. Even though it brings political together a diverse array of prominent European and Asian academicians and researchers working in this field, it is nonetheless a singularly coherent, comprehensive and accessible volume. Edited by Kazuki Iwanaga The book covers a wide range of Asian countries, offers original data from various perspectives and engages the latest research on participation women in politics in Asia. It also aims to put the Asian situation in a global context by making a comparison with the situation in Europe. This is a volume that will be invaluable in women’s studies internationally and especially in Asia. a nd representation representation i n asia www.niaspress.dk Iwanaga-2_cover.indd 1 4/2/08 14:23:36 WOMEN’S POLITICAL PARTICIPATION AND REPRESENTATION IN ASIA Kazuki_prels.indd 1 12/20/07 3:27:44 PM WOMEN AND POLITICS IN ASIA Series Editors: Kazuki Iwanaga (Halmstad University) and Qi Wang (Oslo University) Women and Politics in Thailand Continuity and Change Edited by Kazuki Iwanaga Women’s Political Participation and Representation in Asia Obstacles and Challenges Edited by Kazuki Iwanaga Kazuki_prels.indd 2 12/20/07 3:27:44 PM Women’s Political Participation and Representation in Asia Obstacles and Challenges Edited by Kazuki Iwanaga Kazuki_prels.indd 3 12/20/07 3:27:44 PM Women and Politics in Asia series, No.