Human rights in the Republic of China

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The human rights record of the Republic of China (Taiwan) is generally held to have experienced significant transformation over the last two decades.

The Republic of China is a multiparty democracy. The 2000 presidential victory of Democratic Progressive Party (DPP) candidate Chen Shui-bian followed more than 50 years of rule by the Kuomintang (KMT) and marked the first transition from one political party to another in Taiwan's history, reported by a Government Information Office website as the "first ever in Chinese history" [1]. This followed gradual democratic reforms since the 1980s and 1990s; most notably, martial law was lifted in 1987, and the Temporary Provisions Effective During the Period of Communist Rebellion were repealed in 1991.

Taiwan residents can change their government through elections and are held to enjoy most basic rights, according to a 2004 Freedom House report. [2] Freedom House rates Taiwan as "Free", with a 2 in Political Rights and a 1 in Civil Liberties (scale of 1-7, with 1 being the highest). This represents a significant improvement, as the 1973 rating was 6,5, rising to 2,1 by 2000. For much of the history of the Kuomintang regime on Taiwan, from the retreat from the mainland in 1949 until the 1970s and 80s, the state was highly autocratic and varying degrees of repression of political and civil rights existed.

Some of the autocracy in early Nationalist Taiwan reflects a continuation of the political attitudes of the Republic of China (ROC) in the early decades after its founding in 1912. Many ROC leaders, following the thought of Sun Yat-sen, held it necessary to maintain strong centralized control, including a militarized regime, during the early part of the regime's history, feeling that the populace was "not ready" for full democracy. Political repression was heavy during the early Kuomintang-Republic of China period in the mainland under Chiang Kai-shek, who would retreat to Taiwan following the Chinese Civil War. Additionally, the history of Taiwan, in terms of political situation and human rights, displays multiple similarities with that of the Republic of Korea (South Korea). Between the end of World War II and the 1980s, a similar degree of autocracy and centralization existed, followed by eventual democratization by two states. Both Taiwan and South Korea went on to become leading economic players in Asia, part of the Asian Tigers, and both are now recognized as relatively free societies with successful human rights developments in most areas.

It also is interesting to examine Taiwan's history in light of the Asian values debate, which holds that the political and cultural traditions of Asia justify a certain degree of autocratic rule, which is also necessary for the rapid economic development of society. These ideas were prevalent among many important leaders in Malaysia, Singapore, and elsewhere with seemingly Western-style democratic Constitutions coupled with authoritarian one-party rule, in the 1990s. Moreover, some in mainland China, including Peking University scholar Pan Wei, feel the most effective and appropriate political structure for the Chinese people is a relatively centralized state under rule of law, with some degree of popular consulation.

National police and security agencies are under effective civilian control. The police occasionally committed human rights abuses. Taiwan residents generally enjoyed a high standard of living and a relatively equitable income distribution. The government generally respected the human rights of citizens; however, there were problems in some areas. Instances of police abuse of persons in custody, official corruption, violence and discrimination against women, child prostitution and abuse, and trafficking in women and children occurred. Capital punishment still exists in Taiwan.

In recent years, ROC laws have focused on combatting sexual discrimination, granting greater accommodation to conscientious objectors (the ROC has obligatory national service), and upholding cultural and linguistic pluralism.[3] In 2001, the Republic of China Ministry of Justice issued a draft version of the Basic Law On The Guarantees of Human Rights. [4] For significant periods of Taiwan's history, both before and after 1949, when the Republic of China regime fled to Taiwan from the mainland, linguistic and cultural rights for minorities or non-power holding groups were often repressed. For example, Taiwanese (or any other non-Mandarin spoken variants spoken by the Taiwanese) was forbidden to be used in the mass media.