The Responsibility of World Citizens for The Human Rights Development
Dr. Hong, Tao-Tze 2010-04-01
The Human Rights Development
for World Citizens
Dr. Hong, Tao-Tze
Zhang-men-ren of Tai Ji Men
President of Federation of World Peace and Love
Honorary Vice-President of Association of World Citizens UN/NGO/DPI/ECOSOC
President of Association of World Citizens, Taiwan
It is such a privilege that world citizens have a place call home. The birth of our living planet has given an opportunity for all living creatures to develop and evolve. The 2010 World Summit on Human Rights for World Citizens will discuss the issue of global health, which is closely related to the attainment of Millennium Development Goals (MDGs), and in response to the implementation of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) in various countries. It is also expected that world citizens will focus on the discussion of human rights from the perspectives of: Respect, Law, Taxation, and Environment.
Mercy, Forgiveness, Respect and Tolerance as the Cure for Devastation
In 2010, devastating earthquakes and landslides occurred in a split second. The repeated counts of natural disasters and man-made catastrophes have the potential to destroy modern technologies and human civilizations in the blink of an eye, especially the areas dominated by humans. In 2008, the global economic meltdown hit the globe like a tsunami, causing massive devastation in the form of massive unemployment, and a chain reaction encompassing thousands of companies, causing them to fail. Though technological advancement has enabled us to simulate these dire scenarios, of critical importance is that we have to take actions to prevent the catastrophic effects from occurring.
As evidenced by recent movies and documentaries which present various scenarios on environment protection and climate change such as The Inconvenient Truth, The Day after Tomorrow, Home, Avatar, 2012, and etc., over exploitation of natural resources disrupts the balance of earth and causes destruction. The wisdom of balanced yin and yang in Tai Ji Men is the foundation of harmonious co-existence for all living creatures. This wisdom starts from each individual loving the natural environment with their heart, listening to the rhythm of nature and living in harmony with all things. We have to bear in mind that the earth can do without us but we cannot do without the earth. Mother Earth has her own life cycle and is entitled the right to be treated with respect, love and peace. The Earth has her own rights, and deserves our practicing love and peace on her. Mankind is the children of the earth. Showing respect to nature and living in harmony with the environment is the first step towards the survival of world citizens.
World War I took more than 15 million lives, wounded 20 million people and affected the lives of 1.5 billion people, two-thirds of the world’s population at that time. World War II killed more than 27 million soldiers and 55 million civilians, and dragged near 2 billion people or 80% of the world’s populations into war. The calamities of two World Wars caused a lot of changes to the world, and people have come to appreciate the fortunes of peace, which is evidenced by the continuous advocacy by the United Nations to protect human rights for world peace. The spirit of the Olympic games, where nations call a truce in wars to engage in sport competitions is a demonstration of the peace-loving nature of humanity. Human beings have learned from the Olympic games to respect each other and to live in peace. God loves people and, as a spiritual symbol to humanity, sets an example of mercy, forgiveness, respect and tolerance for mankind to follow. The Confucianists in the east share similar philosophies.
Natural Rights Based on the People and the Rule of Law
The rights of world citizens endowed by heaven should not be subject to unfair treatment or deprivation, despite public ignorance or lack of attention. Civilization brings human confidence and progression. Laws enacted by people with a public designation, empowered through the social a contract of trust; define the boundaries of human activities and is the rationalization of mankind’s behaviors. In traditional Chinese culture, rights exist to maintain social and political orders, regulate civilian activities and define contracts and obligations. Therefore in the development of the Chinese legal system, it has been a tradition that rights are at the core of the law and law regulates when a right is being breached. The concept echoes what was highlighted in the Book of the Later Han, which said that “when a society is lost its right, law rules. Therefore, rights and law are interlinked.” It also agrees a western saying that said that lawful behavior is a moral minimum. In modern time, based on the basic principles of Chinese law rights are used to complement the regulation of law. The two ends on the scale of regulation are moral values and human rights protections, which should be established based on the people and the rule of law. People should observe the principles and spirit of the law established through constitutional rights. However, at times, regulators expect the people to follow the orders without scrutinizing the underlying rationales and principles of law and many times now the people who make the laws are the ones who violate the law and the basic principles of law are compromised.
In ancient times, the law was established to regulate civilian activities so that the people would act within certain parameters and follow uniform principles. Therefore, vehicles ran on the same tracks, money was created with fair values, land was cultivated to reap harvests, and taxes were collected to meet national budgets. As such, the royal families who managed the nation well provided a foundation for people to live in peace and enjoy prosperity. Even though regulatory regimes differ from country to country and change over time, the same principles hold true for a system built upon human rights, democracy, and rule of law. Practicing the Tai Ji principle of balanced yin-yang will bring a nation peace and its people affluence; these is brought about through the development of civilization, social progression, economic growth, education, national defenses and emerge into inter-cultural exchanges.
The United States Department of State released in mid-March, 2010, the 2009 Country Reports on Human Rights Practices providing a specific, detailed picture of human rights conditions in 194 countries around the world. The report explores various aspects of human rights including “Integrity of the Person,” “Civil Liberties,” “Political Rights,” “Official Corruption and Government Transparency,” “Discrimination, Societal Abuses, and Trafficking in Persons” and “Worker Rights.” Taiwan scores high on democracy and rule of law, but leaves much room to be desired in corruption of governmental officers, sexual discrimination, trafficking of humans and unfair treatment of foreign labors. Secretary of State Hillary Rodham Clinton emphasizes that human rights are the fundamental universal value and the principles of the Universal Declaration of Human Rights are the North Star in guiding the foreign and human rights policy of the Obama administration. It is obvious that the well being of people, the civilized development of a nation and even the world community depends on how human rights are being practiced and realized. Therefore, as world citizens, we should proactively monitor the condition of human rights, which are closely relate to every individual, in our country and internationally.
Systems and Rules of Law Instituted to Protect Human Rights
The law and taxation are created to protect people and serve people. As world citizens, do we all understand the basic human rights of a world citizen and pay attention to their developments? No matter who we are, we should all stay abreast of the latest developments of the human rights of world citizens. A nation’s prosperity is the result of the collective endeavors of the people and the people should be able to enjoy the fruits of progress. The infrastructure of a country is built to benefit the people, the society and the nation, so the construction is welcomed by the taxpayers. Putting ourselves in the shoes of an individual whose assets are confiscated, reputation damaged, and life ruined due to groundless charges of violation of taxation, we should be able to witness the deep pain and sorrow of unlawful taxation. We cannot imagine the pain and agony of torture, distained reputation, ruined fame and broken families, inflicted upon the people who were illegally charged by judicial and tax agents for not complying with the Law. It is therefore understandable why many crusaders are keen to speak out on behalf of the civilians to fight for freedom, for survival, for the advancement of our society and nation. Some are even willing to risk their lives to fight for the deserved rights for all.
Dr. Sun Yat-Sen, the National Father of modern China, was a medical doctor. But he refused to practice medicine because the number of people he could save as a doctor was limited. He was willing to sacrifice the high income of a doctor and risk his life to save innumerable Chinese people from pain and despair. After 11 rounds of revolutionary battles, he eventually overthrew the Qing Dynasty and established a country of freedom and democracy. The former president of South Africa, Nelson Mandela, was a strong fighter for democracy. He was the son of the chief of a tribe and dedicated to the liberalization movements. He led the people of South Africa in a fight for democracy, freedom and human rights. For his actions, he was held in prison for 27 years and won the presidential election by wide margin after his release. He became the first black president in South African history as remuneration for being an anti-apartheid activist and a fighter for democracy, freedom and human rights. This year, February 11 marked the 20th anniversary of his release from prison and was widely celebrated for his contributions to human rights and to South Africa.
Barack Hussein Obama II won the US presidential election in a nation with diverse cultures with his visions and leadership toward wide and open possibilities. The 21st century is the century of people’s voices. In June of 2009, President Obama wrote to me saying “the future we leave to our children and grandchildren will be determined by our willingness to shoulder each other’s burdens, take great risks, and march forward. With your help, we will build on what we have already achieved and lay a foundation for real and lasting progress.” Utilizing the Whitehouse website as a platform for communication, President Obama hopes to hear the voices of the people and seek collective resolutions to revive the economy and restore national confidence. Michael Kelleher, Director of Presidential Correspondence, wrote in July to express gratitude for my suggestions and said “Your voice is shaping our country’s future, and we encourage you to join us online to share your thoughts.”
Listening to the voices of the people is the driver of national development and progress. Early this year in a meeting with the press, President Obama frankly stated that he understands the anger of American people. He advocates reconciliation between the Democratic and Republican parties to makes efforts to listen to the voices of people and takes great efforts to contribute to the welfare of the people. President Obama emphasizes that the great thing about the American people is their resilience in face of adversity. People still produce, raise children, and run business in times of economic crisis. This is the spirit that makes America a great nation. President Obama is the first president in American history to acknowledge publicly the people’s anger. He understands how “Respect, Law, Taxation and Environment” will affect the American people and world citizens, and works hard to improve and lead his people and the world toward what is expected.
President Ma Ying-jeou of the Republic of China commented, after watching the movie “Cannot do without you”, a film based on a real accusation against government officers, that he wishes for public servants to watch the film with a heart of understanding and exercise sympathy when serving our people. It is the officers who enforce the laws, not the law that enforces itself. The meanings and interpretations of the law should be put into the context of social justice and the voices of the people should be heard. Another film director was tortured years ago. The torture inspired him to make a film, The Tears, to advocate for law enforcement officers to embrace human rights protection and to stop physical torture in depositions. Legislator Hsieh Kuo-Liang, chairperson of the Judiciary and Organic Laws and Statures Committee, said, after watching the film, the enforcement of criminal prosecution procedures and the functions of judges and prosecutors leave much room to be desired. Many times, people cannot get redress from the system. Therefore the Legislature Yuan and Control Yuan should exercise the powers in their hands and monitor prudent application of codes and laws through a system of checks and balances. This is to ensure the judge and prosecutor’s prudent exercise of powers to avoid persecutions in violation of human rights. The two movies have sent out people’s aspirations for human rights and justice. Whether the government officers have heard the voices is not known.
In the new century, mankind cannot afford to stay in the old rut and stick to established practices. Natural calamities hit various corners of the globe, and the wind of change has blown. World citizens should awaken to the new challenges of living in the new world order. Without genuine respect between and among races, societies, people, and nations; disasters and man-made catastrophes may strike at any time. Without sound legal and taxation systems, people have no rules to abide by and the nation will have no foundation of legitimacy to benefit its people. The very fabric of a society and the nation will fall apart. People are the foundation of a country. Mistimed and inappropriate laws and systems must be reformed to keep pace with the times. If humanity does not appreciate the beauty of the environment and start treating our planet with love and respect, the day of lack of water, energy and food will soon arrive. Where will our children go from there?
World Citizens Should Stand Up to Protect Human Rights against Draconian and Illegal Laws
The presumed innocence as stipulated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights is the common standard internationally accepted by the United Nations and other nations in proceeding criminal charges. It is also the fundamental principle of evaluating evidence in the court of law. The idea is to rectify the pre-determined bias and force the responsibility of presenting evidences on the prosecutors as so to provide a foundation of human rights protection for the defendants. The principle of presumed innocence is clearly laid out in Article 154 of Taiwan Criminal Prosecution Law. But the realization of the principle is only patchy at the best. As a result, government’s determination to realize human rights protection in court of criminal proceedings is being questioned and Taiwan’s judicial human rights protection is declining over the years.
President Ma Ying-Jeou has publicly denounced government officers by saying “Eight, or even nine out of ten cases of human rights infringements are committed by the government.” “Most public servants are not aware of what human rights are.” What lies behind the statement is the high numbers of unjust sentences. Legislator Chu Feng-Chih held a press conference on January 11, 2010, Law Day in Taiwan, to reveal shocking statistics. From 1999 to October 2008, a total of 5,435 defendants received court-ordered compensation for unjust sentences with more than NT$4.68 billion compensation, an expense borne by taxpayers. If we take into consideration the unfiled or uncompensated cases, the number of unjust sentences would go even higher. In 2008, the Highest Court of Taiwan ruled 6,542 cases, with 697 cases being non-guilty. In other words, almost 10% of the defendants are innocent or wrongfully charged in the lower courts. Law’s purpose is to institute fairness and seek justice. Whether from an unjust sentence, a wrongful charge or a frame-up, the injury inflicted upon the defendants is irreversible. In the past 5 years, the success rate of applying for compensation of unjust sentences in the district courts averaged below 30%. In 2009, 89.5% of the applications for compensation for unjust sentences were rejected. The defendants can appeal to a higher court through the Court of Compensation for Unjust Sentences in the Ministry of Justice.
However, all the 406 petitions in 2008 were rejected. Only one out of the 576 petitions in 2009 was successfully granted judicial review. This is a sharp contrast to criminal compensation practice in Japan where 99% of the petitions received compensation from 1996 to 2001. Recently a Japanese citizen having served 17 years in prison and after many rounds of appeal; finally received a non-guilty ruling. The three presiding judges stood up and bowed to the defendant to express sorrow and provide an apology. Judges and prosecutors apologizing to the people for their own mistakes is unheard of in Taiwan. It is therefore obvious that the victims of unjust sentences in Taiwan do not have enough legal protection from the law. Current criminal compensation practices in Taiwan only apply to monetary compensation for confinement and loss of freedom, whereas in advanced countries like Canada, the compensation includes reputational damages, lost life experiences and missed opportunities as well. Therefore Taiwan should establish a more humane compensation system modeled after systems utilized in advanced nations.
In the Seminar of “Discussion on the Compensation and Claims of Miscarriages of Justice from the Perspectives of Two Conventions, the Constitution, and the Interpretations of Supreme Court Justice” organized by Chinese Association for Human Rights on March 27th, the Minister of Judicial Yuan, Mr. Lai In-Jaw, stated that the Grand Jury of the Constitutional Court pays especially important attention to the protection of rights of the victims of unjust sentences. Therefore, since 1999, a series of Explanatory Notes Numbered 477, 487, 624 and 670 have constantly expanded the coverage and application of compensations for unjust sentences to expound the principle of constitutional protection. The 670 Note argues that the deny of compensation for detaining on account of intentional or material negligence, as per the provision of third paragraph of Article 2 of the Code of Compensation for Unjust Sentences, is against the principle of pro rata and constitutional human rights. Therefore, the Judicial Yuan has now invited the former Chief Justice, Mr. Liao Yih-nan to chair a committee to reform the Code. It is hoped that the Code will undergo a complete review and revisions after serious debates among academics, attorneys and prosecutors. The Judicial Yuan is also to draft revisions to the Criminal Prosecution Code to ensure every steps of the investigation process, from investigation, prosecution and trial, are prudent and in compliance with human rights protections. We are hoping that, under the leadership of Minister Lai, a new system of compensation for unjust sentences on par with international standards of human rights protection will emerge in Taiwan. And people will be able to enjoy better protections and higher dignity.
The former President of the Republic of China (Taiwan), Mr. Li Deng- Hui, once commented that his inability to truly reform the justice system during the term of his presidency was his biggest regret. At his retirement ceremony on October 1, 2007, the former President of the Judicial Yuan, Mr. Weng Yueh-Sheng, also sincerely stated his profound pain, like a wound weeping blood when speaking of administrative powers tramping down on judicial systems. Law enforcement officers should process cases impartially and objectively to deliver justice and avoid treating uncharged defendants as criminals. Civilians then would be able to live in peace with dignity. Most of the prisons in Taiwan are fully occupied now. Is this a sign of many criminals in the island or poor law enforcement so that innocent civilians are wrongfully charged? How many innocent people are being held in custody without justified reasons? They are helpless and waiting for lawyers and judges with justice and consciences to help them come out of prison and get their life back. Unjust sentences will ruin the life of a young person, tear apart a happy family, and hurt our country and its people. It is impossible for us to imagine the pain of those who have been through the unjust sentence. A seemingly small decision in the court of law by the judge means life and death for the defendant. Since any decision by the judges and prosecutors will have profound impacts on civilian life, the interpretation and enforcement of law must be prudent and careful. Legend has it that “Sympathy is within everyone’s heart.” How to stop unjust sentences and violations of human rights are topics that governments and civilians should not take lightly.
With an aim to restoring fiscal discipline, the Greek government announced a series of cuts in budgets and spending. The budget cuts sparked uprisings and protests. The economic downturn has caused many people to become unemployed and companies to go bankrupt, not only in Greece but also in other countries around the world. However, the commodity prices have not stop rising and the higher prices make it even more difficult for people and companies to make ends meet. Naturally, people are not used to cuts in benefits and entitlements. In Taiwan, people are frustrated by how an unpaid parking ticket of NT$20 dollars, plus late payment interest and penalties, can turn into a bill for NT$3,600, or 180 times the original amount. Even more aggravating is that civilians are not allowed to go overseas because of unpaid taxes. In Taiwan, the penalty for non-payment of taxes is 20 to 30 times the original tax. The practices of tax collection has sparked wide spread complaints. It is a civilian’s responsibility to pay taxes and dues, nevertheless, people’s property should also be protected. Taxation should be prudent, reasonable, and legitimate. The tax authority should be responsible for collecting evidences to prove tax liabilities of the taxpayer. The favorable evidences for the taxpayers should also be presented and examined. This is what Taiwan’s Finance Minister Sush-Der Lee said in a speech at Soochow University “The ultimate goal of taxation is to have people pay taxes out of willingness and for government to collect justified taxes.” It is simple math that our nation will be rich only when its people are rich, and it receives no tax income if the people are bankrupt.
Many Taiwanese people play mahjong with families and friends during Chinese New Year holiday with a couple of hundred dollars at stake. Sometimes the host prepares some snacks, tea and beverages to treat the guest mahjong players and the winner will give out 10% of his winnings to the host; however they will all be taken into custody if discovered by police. Loan sharks that charge 30% interest rate are against the law. However the tax authority imposes high penalties of many times on taxpayers lacking taxation knowledge for their ignorance or negligence. For example, penalty for the unpaid taxes on citizens who miscalculate or do not properly file taxes runs from one times to 10 times for business tax, 5 to 10 times for merchandise tax, as high as 20-30 times for stamp duty. This oppressive practice of tax collection is conducted by the government and has become deeply rooted in Taiwan over the past decades. It is difficult for general taxpayers to fight with this kind of unfair taxation system. This situation affects various businesses or enterprises as well, causing many of them over the past decade to close due to the disproportionate tax system enforced by the government, resulting in significant increases in unemployment. The practice is inherently an infringement of the constitutional rights of equality. A common saying in Taiwan is, “God is watching what people are doing.” The practice of regulators operating under a separate system than civilians is not acceptable. World citizens have come to take the human rights of world citizens very seriously. People may not understand the laws or the tax codes, but they can definitely recognize the unfair treatments from regulators and governments. The many incitements of revolution throughout history have arisen from the fights for freedom, democracy, civil rights and survival.
It is the people’s duty to pay taxes. Article 15 of Taiwan’s Constitution stipulates that the right of existence, the right to work and the right of property shall be guaranteed to the people. The freedom of speech, teaching, writing and publication is endowed in Article 11. The provision of Article 10 gives people the freedom of residence and to change of residence. Since taxation is the deprivation of people’s assets, its collection has to be very careful and prudent. Therefore a tax agent must base his practice upon the respect of the people and the rule of law. According to the directive of explanations of the Constitution, restraint from leaving the nation is a violation of the provision of constitutional human rights. In addition, legislator Shu-Lei Lo, with professional backgrounds in finance and accounting, has repeatedly said that it is not reasonable to deny freedom of traveling overseas because of taxes due. Owing taxes is not the same as tax evasion. Lawyer Yung-Ran Li, a tax expert, human right activist and the president of the Chinese Association for Human Rights (CAHR), has stated many times in the press and in his writings that not granting rights to overseas travel on tax grounds is a violation of constitutional right. Scholar Ke-Chang Ge from NTU College of Law, shares the same opinions with Lawyer Yung-Ran Li. Professor Chun-Chieh Hwang of National Chung Cheng University, in his book of Justice of Taxation states, “If a nation engages in prohibitive taxation without regard to the recurring interests of its people, this is more than a restriction on people’s property rights. It is the deprivation of property rights, or even the deprivation of the people’s rights of economic survival. Therefore, in referencing Article 23 of the Taiwanese constitution specifies that the infringement of basic human rights by the government is only allowed when necessary by law and the practice has to be in compliance with the principles of reservation, pro rata, and appropriateness.”
A report to the Control Yuan from the Ministry of Audit shows that the outstanding cases of arbitrary administrative execution are on the rise. As of end of March, 2009, a total of 9,547,323 cases were remained open with the majority being related to overdue taxes. Household registration statistics shows that 7,785,035 households are registered as of October 2009 in Taiwan. This means that on average, every household in Taiwan has at least one case of overdue taxes. The number speaks for itself. Is the high number of people owing taxes and duties a result of habitual tax evasion by the Taiwanese people? Or is it attributable to poor practices in tax assessment and collection? The Administrative Enforcement Agency revealed appalling statistics. As of end of October 2009, close to 4.2 million cases of administrative enforcement on taxes and duties overdue are outstanding, with total value of NT$ 440 billion. From 2001 to the end of March 2009, the number of people who are subject to a restraint order of traveling overseas is more than 180,000. This is something government just cannot afford to ignore and should instead seek resolutions actively. The chances are that there are many abuses hidden behind the 4.2 million cases of administrative enforcement on taxes and duties overdue, all waiting to be uncovered and compensated. The situation should be closely inspected and monitored to protect people from living in fear, unease and pain.
In Taiwan, taxpayers owing taxes or penalized by tax authorities for unlawful reasons can apply for a case review or file petition to the Committee of Appeal in Ministry of Finance. The requirement of paying certain percentage of taxes due or providing equivalent collaterals for opening a case review has been declared violation of constitution and thus void by Explanation Note Number 224 of the Grand Jury in 1988. However, the current practice for petition still requires a payment of 50% of taxes due or provision of equivalent collateral.
If the payment is not delivered, the case will be sent to arbitrary enforcement despite of the ongoing petition. Civilians will only stand to see their assets confiscated and auctioned off at below market values. Taxpayers themselves will then be subject to a restraint order of traveling overseas or held in custody. The practice of tax collection and petition for justice is clearly a violation of the principle of for the benefit of people. There are times when taxpayers have provided enough assets for collateral. But tax authority continues to enforce the auction and taxpayer’s assets were sold at low prices, causing big financial loss for the taxpayers. However it would take 2-3 years or even longer to claim back the taxes overpaid or unlawfully charged. Even if a taxpayer wins in the court of administrative litigation, the tax authority would still routinely ask the Administrative Enforcement Agency to enforce the order by claiming that tax authority is filing a petition and the enforcement should not be put aside because of the petition by tax authority. Taxpayers are subject to endless pains from repeated petitions and court hearings as the tax authority can repeated issue tax bills after rejected by the court of administrative litigation. It is difficult to imagine that such high numbers of cases of taxation abuse are occurring in Taiwan, which claims to be governed by democracy and the rule of law. Control Yuan needs to investigate thoroughly to correct the illegitimate practice and to restore people’s confidences in taxation. What people need is an environment with stability, health, security and safety to prosper; this environment is created when laws are based upon the people, rule of law and human rights protection. If all these are practiced and realized, Taiwan will become a better place to live in and to do business in.
The Government Should Be Proactive in Protecting Human Rights
The purpose of law is to serve the people, ensure security and safety, and safeguard civilian’s rights. The codes and articles of regulation are utilized to create a society governed by the rule of law where people enjoy real democracy, liberty and human rights protection. Therefore the governance of a nation should be centered upon the people and based upon the rule of law. People should respect the principles and spirit of the human rights protection in the constitution and everyone is entitled to fair treatment in the court of law. Only with the principle of government for the people and under the rule of law will people live happily and the nation enjoy prosperity. Taiwan has the opportunity to set an example of a nation with proactive human rights policies.
The Prime Minister Wu Den-yih emphasized in a meeting of the Executive Yuan on February 4, 2010, that the fundamental purpose of the existence of a government is to serve its people. He also ordered all government departments to enhance the quality of services to the people and to bear in mind “A nation will prosper if it follows the wishes of the people. A nation will collapse if it goes against the tide of civilian wishes.” The president of the Examination Yuan, Kuan Chung, commented in a seminar on February 2, 2010, “Rule by law is only the basic requirement of a public servant. But rule by law does not necessarily mean high work performance or proactive attitudes in addressing people’s needs.” “The regulation is only a tool which public servants use to serve people. If the regulation is no longer able to address the needs of the people, then we should consider revising the laws. Law is the means, not the aim. Government officers should act proactively to understand the pain of the people and try to alleviate the pain.”
During Japanese occupation, the Japanese believed that it is easy to manage Taiwanese people, as they are greedy and afraid of death. It is still somehow a true depiction of the Taiwanese people and we should deeply reflect upon the accepted image to find remedies. Government officers should do their shares of works to reform the judicial and taxation systems. Only with this rude awakening and sharp reform can we move to be among advanced nations where people enjoy prosperity, harmony, dignity and human rights protection.
President Wang Chien-Shien and many other members of the Control Yuan declared in “The Third Seminar on the Work of Human Rights Protection” on January 8, 2010, that the Control Yuan is the Yuan of Human Rights because more than 80% of the cases of petitions received by Control Yuan are violations of human rights protection. The Control Yuan is the last hope for people to seek justice because there is nowhere else for them to call for help. Based upon the expectations of the people, the Control Yuan’s authority should exceed other governmental agencies and be empowered to exercise influence to stop cases of human rights violations. We hope to make Taiwan a place with prevailing human rights protection and to work with other people and nations to safeguard human rights and protect the only planet that we all have to live in.
In order to protect human rights and fundamental freedoms in Europe, the European Convention on Human Rights established the European Court of Human Rights in 1959. Any person who feels his or her rights have been violated under the Convention by a state party can take case to the Court. The court rulings are legally binding. Member states are expected to follow the rulings and implement the suggestions from the Court. The European Committee will sanction non-compliant states. I was invited to attend the 8th International Conference of Chief Justices of the World in 2007. Conference participants discussed the many aspects of the practice and realization of human rights in different countries. His Honorable Justice Vincent De Gaetano, chief justice of Malta, shared how the European Court of Human Rights operates to protect human rights and emphasized the point for a judge to be a good judge is to understand the law and to have a good grasp of human nature. The law was made to protect people’s best interests. The European Court of Human Rights has set an example for other nations and regions to follow. I advocate for a similar organization be established in Asia to protect the interests and rights of Asian people.
What do world citizens want in this changing environment? Some people just need a drink of water, or a mouthful of food. Some aspire for a peaceful land with no wars or diseases. Some just hope to survive. Still others are wishing for the sea level to stop rising. Some are hoping for economic recovery while others longing for a government governed for the people and ruled by law.
On the International Human Rights Day, December 10, 2009, an occasion to celebrate the 30th Anniversary of the Chinese Human Rights Association, I published a thesis entitled “Natural Rights Based on the People and the Rule of Law” to discuss the status of human rights protection and practices in Asian countries. The thesis received great responses from around the world and has been published in more than 30 nations including China, Japan, Taiwan, France, America, Germany, UK, Australia, Dominica, Canada, Holland, and many more. The wide publication and citation of the thesis demonstrate people’s aspirations for government managing affairs with policies centered upon the people and ruled by law.
All Things Follow the Laws of Nature. The Origin of Heaven, Earth and Human Beings Are One. World Citizens Help Themselves and God Helps Those Who Help Themselves to Turn Things Around.
We are all world citizens and it is our responsibilities and obligations to safeguard a healthy living environment for future generations. I have witnessed the needs of the people and would like to stand up and serve the people. I would like to dedicate my understanding and actions to humanity with a heart of caring and loving people. Through constant communication with Heads of State and international friends, we have cemented the consensus to create a new era of human rights with a focus on love and peace. I have many experiences in promoting human rights education through cultural exchanges of love and peace and in past years have met with UN Secretary Kofi Annan and Ban Ki-Moon, Pope John Paul II and Benedict XVI. Since the Declaration of Human Rights for World Citizens in 2002, I have collected 2 million endorsement signatures from 158 countries in a campaign running until 2004. Following the 2 million signers, I pushed forward with the global on-line endorsement campaign of the Declarations for Human Rights of World Citizens and Peace and have successfully collected 1.2 million endorsements from 189 nations around the world. The website has been visited more than 3.2 million times, an empirical representation of the success of the campaign. Because of the support and responses from Heads of State, world leaders and elites, we anticipate that many reforms in the areas of respect, law, taxation and environment will be addressed and the world will be changed for the better. God helps those who help themselves. We will always be given the opportunity to do what’s right and good for mankind.
Without a heart of respect for nature, people will not be able to understand the principle of “All things follow the Laws of Nature. The origin of heaven, earth and human beings are one.” Only people with true understanding of balanced yin and yang philosophy will be able to see the wisdom necessary to overcome crisis. The World Health Organization has expanded the definition of health from physical terms such as the absence of diseases or disabilities to include mental and social dimensions. This implies that everyone, as a civilized, responsible and healthy citizen, should understand his/her responsibilities and try to make great endeavors for the benefit of himself/herself, society, the nation and the world. Such decisions are made in a split second of time. The good and the bad are also differentiated in that same split second.
The idiom “Man’s determination will conquer nature” should not be used to encourage reckless human behaviors. Nature has delivered important messages of peaceful co-existence between mankind and nature through land subsidence, earthquakes, inundations by the sea, landslides, abnormal climate patterns and extinction of species. The relationship between mankind and nature should be peaceful co-existence, not competition or confrontation. It’s a pity that human beings do not take cues from nature’s messages, and instead assumes this as a natural consequence of development. People have grown accustomed to take for granted the abundant natural resources of the earth and have engaged in wide scale exploitation. As a result, for centuries the functioning of nature has been impacted and nature has lost it rhythm and protection. Nature has responded to the people’s ignorance in ways that only now we can all understand.
We can recognize our God-given human rights by using a heart of compassion, mercy, tolerance, forgiveness, courage, justice and wisdom, all of which are endowed by God. In order for the universal values of human rights to prevail on earth, where people live with dignity, meanings and values, we should all exercise the heart of justice and strive for the benefit of humanity. By implementing these values, a world of peace, happiness, stability and prosperity will emerge. Let’s work hand-in-hand to safeguard the earth. And may mankind be blessed. Having mankind’s consciousness in line with the law of nature is very important. As preached by many religious leaders, the day of reckoning will come and we should prepare for it.
Mankind is going to march forward into a new world with courage. There are still opportunities to make a turnaround in 2010. All we need to do is to stand up, exercise respect and conscience, and stop the abuse of natural rights. We hope that the natural environment will no longer be in jeopardy because of human actions; cognizant that a life saved is a progress made. When we all share the similar thinking and act the same together, the merciful God will leave with us a chance of opportunity. I truly wish that people throughout the world will understand the following warning:
Floods throughout the world are no longer rare anymore. When the earth is overloaded, then it will change at any time. When those who are endowed with the authority to decide others’ existence and choose to lead with love and mercy, then everything will go smoothly. If they instead regulate rules with a mind as narrow as an ant’s belly, then these actions will be against the will of heaven and the drive for power, greed and treasure will swallow the prosperity of the country. The change of human heart causes devastated deserters. Corrupted human hearts spoil the development of nations and this is hard to be forecasted by horary. The existence of the environment will be destroyed and leave nothing, human beings will not even be able to find a place to stand. If we reflect on ourselves in this moment, we will gain some opportunities as the mercy heaven still bestow blessings upon us.
