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The German Transitional Justice Delegation visited Taiwan and Conducted Exchanges on Transitional Justice Issues with Taiwan's NHRC

On October 6th, 2023, a 22-member transitional justice delegation from Germany—spearheaded by Chairman Markus Meckel and Director Anna Kaminsky of the Federal Foundation for the Study of the Communist Dictatorship in Eastern Germany—visited the National Human Rights Commission (NHRC) and was received by Chairperson Chen Chu. The delegation represented 16 German organizations dedicated to transitional justice. This landmark visit fostered an in-depth dialogue between the NHRC and the German representatives, with both entities deliberating on transitional justice, human rights status in Taiwan, and pressing international human rights issues.

In her remarks, Chairperson Chen Chu reflected on the NHRC's inaugural overseas visit to Germany in December 2022, prompted by an invitation from the Deutsch-Taiwanische Gesellschaft. She further highlighted the shared histories of dictatorial rule between the two nations and how both countries have navigated through some of the darkest chapters in human rights history and have since progressed towards more democratic and free states. She emphasized Taiwan’s objectives to fortify ties with Germany and extract learnings on key transitional justice areas, including education, declassification and utilization of political archives, preservation of historical sites where injustices were committed, symbols of authoritarianism, and holding perpetrators accountable. After attending several farewell ceremonies for political victims recently, she lamented that “time is the greatest enemy of transitional justice.” As Taiwan’s foremost independent human rights body, the NHRC will continue to urge the government to act on transitional justice.

Chairman Markus Meckel noted that Germany has expended significant effort addressing issues left behind by the East German regime. Regarding the declassification of secret files from the East German authoritarian era, there were considerable differences of opinion within German society at the time. Ultimately, the German Bundestag enacted legislation allowing the public to access confidential records from that period.

Chairperson Chu recounted the NHRC’s establishment in August 2020 and how its primary mission is the implementation of international human rights covenants and protecting and promoting human rights. Transitional justice is also a crucial issue of concern for the Commission. To provide justice for those persecuted unjustly under authoritarian rule, right from the inception of the NHRC, the Commission initiated an investigation into the case of the unlawful infringement of Mr. Lin Shui-chuan’s liberty by the state administration. Furthermore, the NHRC’s push for transparency and accountability was evident when, last year, it urged the amendment of the Act on Promoting Transitional Justice. In June this year, it released its “Report on Illegal Acts of the State During the Period of Authoritarian Rule in Taiwan, compiling original files from related cases investigated by the Control Yuan. The NHRC also called on the Control Yuan to publicly disclose their investigation reports. This is important for restoring rights to the victims of authoritarian injustices and their families.

In promoting transitional justice education, the NHRC has taken historical events such as the 228 Incident and the White Terror as a foundation, transforming the individuals and events from these periods into an educational toolkit titled “A Story of Island Untold: Crafting Memories for Tomorrow.” The aim is to help students reflect on the formation and patterns of state injustices. Furthermore, in December 2021, the NHRC collaborated with the Ministry of Education and the National Academy for Educational Research to enhance students' awareness of transitional justice by hosting a seminar on “Content Analysis of Transitional Justice in Textbooks.” This brought together educators, publishers, and other experts to discuss how history textbooks in Germany, South Korea, South Africa, and Taiwan address the history of authoritarian rule and democratic movements, ultimately aiming to teach students methods and skills for studying history.

Several German experts and scholars at the event raised questions on various issues. Topics included compensation for victims, declassification and utilization of political archives, accountability for judicial misconduct and misconduct within military and police administrations, the statute of limitations for prosecuting persecution during the authoritarian era, and the authority of the NHRC in overseeing the government's implementation of transitional justice. These subjects sparked a lively discussion among the attendees.

In closing, Chairperson Chen emphasized that human rights are universal values that serve as a bridge transcending national borders and political barriers. She hoped that Taiwan's efforts would be recognized and could share its experience with human rights development. She extended her gratitude to the visiting delegation for voicing concerns on transitional justice for the Taiwanese people. She expressed aspirations for the NHRC to continuously engage in, share, and contribute to the global development of human rights.

Chairman Markus Meckel and Director Anna Kaminsky of the Federal Foundation for the Study of the Communist Dictatorship in Eastern Germany led the German transitional justice delegation. The visiting delegation consisted of 22 members representing significant institutions in Germany currently engaged in transitional justice work. These include the Berlin Wall Foundation, Ettersberg Foundation, MEMORIAL Deutschland e.V., Berlin-Hohenschönhausen Memorial Foundation, Bautzen Memorial, Hannah-Ahrendt Institute for Research on Totalitarianism, Brandenburg State Commissioner, Peaceful Revolution Foundation, Gegen Vergessen - Für Demokratie e.V., Beauftragte der Bundesregierung für Kultur und Medien (BKM), Environmental Library Großhennersdorf, Archiv Bürgerbewegung Leipzig e.V., Federal Archives, Deutschlandradio in Berlin, and the Thuringian State Commissioner for the Reappraisal of the SED Dictatorship. All members are prominent figures in Germany's transitional justice efforts.