On the 28th, the Legislative Yuan approved amendments to the Act on Exercising Legislative Yuan Powers. The National Human Rights Commission (NHRC), referencing the The Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights (commonly known as the Paris Principles) and adhering to international human rights standards, released a statement addressing the discrepancies between the recently amended provisions and the principles established in international human rights conventions.
I. Legislative Overreach May Infringe on Privacy and Personal Life
Article 12 of the Universal Declaration of Human Rights (UDHR) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR) both stipulate: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." The new amendments, specifically Articles 47 and 48, grant the Legislative Yuan investigative powers to request documents, information, and files from legal entities, groups, or related individuals in society, with fines imposed for non-compliance. However, the lack of clear conditions under which such investigative powers can be exercised raises concerns, especially when they involve personal privacy. While Article 50-1 of the amendment stipulates that refusal to testify or submit documents can only occur with approval from the chairperson of the Legislative Yuan’s investigative committee, this mechanism still poses risks of infringing on personal privacy under the guise of legislative power.
II. Unjust Infringement and Deprivation of Property Rights
Article 17 of the UHDR declares, "No one shall be arbitrarily deprived of his property." Articles 47 and 48 of the amendment authorize the Legislative Yuan to demand documents, data, and files from legal entities, groups, or individuals, with fines imposed for non-compliance. However, these documents, files, and information often constitute personal property. Beyond concerns over privacy, such demands may also involve trade secrets or patent rights. The amendments fail to clearly define the necessity and reasonableness of such requests, creating a significant risk of infringing upon individuals' property rights.
III. Undermining the Independence and Fairness of Judicial Power
Articles 10 and 11 of the UHDR and Article 14 of the ICCPR both state that: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” However, Articles 50-1, 50-2, 59-3, and 59-4 of the recently amended Act on Exercising Legislative Yuan Powers grant the Legislative Yuan authority to conduct hearings, where individuals under investigation are not permitted to refuse attendance. These quasi-judicial hearings conducted by the Legislative Yuan should adhere to ICCPR Article 14, Paragraph 3, Subparagraph 2 which provides that: "Everyone shall be entitled to adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing." The amendment only requires that a notice and relevant documents be sent to attendees five days prior to the hearing (Article 59-6). Moreover, according to Articles 50-2 and 59-4, individuals under investigation may only have legal counsel present with the chairperson's approval. This restriction contravenes international human rights standards.
The NHRC expressed that, while the principle of separation of powers demands respect for the Legislative Yuan’s exercise of its powers, the UDHR represents universal human values. Furthermore, in 2009, Taiwan enacted the Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and Article 4 of this act stipulates that: “All levels of governmental institutions and agencies should confirm to human rights protection provisions in the two Covenants; avoid violating human rights; protect the people from infringement by others; positively promote realization of human rights.” The NHRC emphasized that protecting people's rights and ensuring the promotion and safeguarding of human rights are fundamental to realizing social justice. All branches of government must uphold these responsibilities. Laws concerning the exercise of powers by the nation’s highest legislative body must conform to international human rights standards and uphold universal human rights principles.