Principles for nation: rights and democracy

Lung-chu Chen

Dec. 10 was International Human Rights Day. It was also the 55th anniversary of the UN General Assembly's passage of the Universal Declaration of Human Rights. Following the UN's passage of this declaration in 1948, the concept that "all human beings are born free and equal in dignity and rights," has become a major trend in the development of human civilization.

The development of the Universal Declaration of Human Rights over the past 55 years has made human rights the common standard that all humanity has been working hard to realize, and the yardstick by which the legitimacy of governments is measured. It has also become the symbol of the advancement of countries and societies.

"Building our nation upon the principles of human rights" is a core ideal in President Chen Shui-bian's (陳水扁) policy as the government directs its efforts towards three policies: the ratification of international human rights legislation; setting up a National Human Rights Commission; and strengthening exchanges and interaction with international non-governmental human rights organizations. To this purpose, an Advisory Group on Human Rights and a national human rights memorial museum initiative committee have been set up under the Presidential Office; a human rights guarantee initiative has been set up under the Cabinet; while a draft law governing the national human rights commission's exercise of power (國家人權委員會職權行使法) and a draft national human rights commission institutional law (國家人權委員會組織法) have been submitted to the Legislative Yuan for review.

I hope the Legislative Yuan will not continue to drag its feet on human rights legislation.

It is true, though, that the government has written and published a Human Rights Policy White Paper and a human rights report to better connect to and strengthen interaction with the international community on human rights issues and improve public human rights awareness.

On Oct. 31, when Chen was presented with a human rights award by the International League for Human Rights in New York, this affirmed his success in "building our nation upon the principles of human rights." It also represented the international community's approval and encouragement of Taiwan's efforts in the quest for democracy, freedom and respect for and protection of human rights.

Article 21 of the Universal Declaration of Human Rights includes the words: "The will of the people shall be the basis of the authority of government." In other words, a government's power comes from the people. A constitution not only regulates a country's political system, but also its people's rights and obligations. All the people of Taiwan must, therefore, participate in a process to create a new constitution for Taiwan, to show the people's will by making the final decision on the adoption of a new constitution in a national referendum.

A constitution is often called the guarantor of a people's rights. The human rights clauses in our nation's constitution are incomplete and outdated.

The creation of a new constitution must give careful and comprehensive consideration to and absorb the ideals of the standards and experience accumulated in international human rights legislation over the past 50 to 60 years, as well as Taiwan's national situation and needs. For example, the establishment of the National Human Rights Commission and human rights legislation should be included in the new constitution.

These were our wishes and visions on Dec. 10, International Human Rights Day.

Chen Lung-chu is the chairman of the Taiwan New Century Foundation.