[1211Press Release] The day right after Human Rights Day. The governemnt exiled Tibetans and WS

On International Human Rights Day, President Ma Ying-jeou vowed to safeguard human rights, saying that “= st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Taiwan enjoys the freest parades and assemblies around the world.” Less than four hours after Human Rights Day, at 4 am on December 11th 2008, law enforcement authorities dispatched approximately 300 officers and numerous police transport wagons surrounding Liberty Square. Wild Strawberries demonstrators and approximately 100 exiled Tibetans were forcibly removed from the square via police transport wagons.

The Wild Strawberries strongly protest against such excessive police tactics to disperse the students, especially given the most recent rational and peaceful rally (on Sunday) and the subsequent publicly announced intention of leaving the Square as well as the close communication with police officers on the logistics. Clearly the new Zhongzheng Bureau chief Chen Ming-cheng (unlike his predecessor) ignored signs of good faith and refused to believe that the students were planning to leave Liberty Square, considering he forcibly removed the students at 4:00 a.m., when students were fast asleep and media reporters had left for the day. We challenge President Ma’s notion that Taiwan enjoys freedom of parade and assembly and questions whether the current Administration can only tolerate opposition voices for a month. More importantly, was unexpectedly dispersing the students at 4:00 a.m. the best response from President Ma Ying-jeou and Premier Liu Chao-hsung?



Around 4 a.m., police officers and several police transport wagons arrived at Liberty Square to prepare to remove protesters. Within the hour, officers forcibly took 111 Tibetans away and increased to four police wagons. At around 4:30 AM, more than 300 officers surrounded 40 students, who then staged an impromptu sit-in and called out “Abuse of State Power, Unconstitutional Parade and Assembly Law”. Assistant Professor Lee Ming-tsung (of the National Taiwan University’s Department of Sociology) rushed to the square and negotiated with the police. Officers indicated that if the Wild Strawberries had not assisted the Tibetan protesters [with resources left over from the Wild Strawberries sit-in], they would not have forcibly dispersed the incoming protesters (exiled Tibetans).

After negotiation efforts failed, the police started to remove the students’ supplies at the Square and soon after, the students themselves. Several students were injured during the removal process; one male student was kicked by the police. To add insult to injury, officers were disrespectful towards and ridiculed the students, all the while almost gleefully declared that they can “finally take them away.” Around 5:20 a.m., the police dragged and carried 40-some students onto the transport wagons.

The Wild Strawberries condemn the enforcement of the unconstitutional Parade and Asssembly Law and the unfair treatment towards the exiled Tibetans, who did not resist police efforts to disperse them. While the Wild Strawberries were transported to the front gates of National Taiwan University via three police transport wagons [in Taipei], exiled Tibetans who are far less familiar with the city were transported to Neihu’s Dahu Park and Guandu [suburbs of Taipei]. Towards the end of the removal operation as the police was speaking to the press, a supporter of Tibet shouted out “Ma Ying-jeou - please save Tibet.”

That the forcible removal by the police was the result of the Wild Strawberries helping out exiled Tibetans indicates the authoritarian nature of our current Administration as well as the Administration’s fear of more unified and collaborative citizens. In Europe and the United States, the rights of exiled Tibetans are safeguarded and humanitarian assistance is often offered. On the other hand, the Ma Administration’s hypocrisy is painfully apparent: while President Ma recently stated the H.E. Dalai Lama will be invited to visit Taiwan at the “appropriate time,” the Administration decided to forcibly remove exiled Tibetans and the Wild Strawberries (who offered assistance) during the wee hours, and only four hours after the International Human Rights Day. Police action begs the question of how President Ma can declare that Taiwan will become a human rights country.

Last but not least, the Wild Strawberries strongly condemn the lack of legal grounds for the police to remove the resources at Liberty Square [which were to be donated to exiled Tibetans]. The Wild Strawberries will file a formal complaint and demand a full police report citing Article 29 of the “Police Enforcement Act.”

[1205 Press Release] Strawberries Urging Police's Cooperation in Upcoming March

Wild Strawberries today forwards its application to police for the upcoming protest march. The district police station responsible for the protest venue refused to accept student’s application citing the unlawful nature of the protest in accordance with The Law of Assembly and Protest. The district police chief also indicate that there will be crack down if students insisting going ahead with the protest. The Wild Strawberries are appalled with police reaction, and like to remind police that amendment to the Law of Assembly and Parade is imminent, the police should therefore respect the wishes of students, namely, holding protest without seeking prior clearance from authority, protect and defend protesters’ right as prescribed in constitution. However, by refusing students application for protest, Wild Strawberries fear that if the protest does go ahead, violent crack down by police much like that of Chinese envoy’s visit will reappear on the street of Taipei.

Wild Strawberries hereby reiterate its opposition to the Law of Assemble and Parade in its current form. And vehemently oppose government’s use of the law to silence the dissidents.

Apart from submitting protest application, Wild Strawberries also prepared a detailed protest and route plan for the police, hoping that the police can uphold its constitutional obligation in defending students’ right to protest and express.

The purpose of this march is to highlight the absurdity of the Law, which stipulated that a protest can not be hold without clearance from the authority. But, what if the authority is the target of the protest? Will authority approve protest knowing itself is the subject of protest?

The Wild Strawberries regret police’s refusal to accept protest application, and this only strength our resolute to see The Law of Assemble and Parade being amend. The Wild Strawberries will demonstrate to government that a protest march can be peaceful and rational, government shouldn’t be fearful of people; rather, expression of different voices is a sign of mature democracy, and it should be encouraged rather then brutally suppressed.

"Shame on Government - Walk out Back Door"--Two protest stuents were captured by more than 20 police officiers

On December, 1st, 2008, Zhen Zhe-Xiou(鄭哲修) and Su Hung-Rung(蘇紘融), two of students in Wild Strawberries Movement (WSM), took peaceful and grave actions to accuse of the Taiwan government which had not ever responded directly to the three WSM appeals. Zhen(鄭哲修) studied in the Department of Mathematics at the National Taiwan University and Su (蘇紘融) studied in the Department of Educational Psychology and Counseling at the National Taiwan Normal University. These two students considered that the people, who refused to take political responsibility for limiting the freedom of speech and harming human rights during the Chen Yun-Lin's (陳 雲林) visit, were unworthy of crossing through the main entrance. Therefore, at 8:30 A.M on December, 1st, these two students silently laid at the main entrance of the Executive Yuan for protesting. Because they considered that the Executive Yuan rejected to hear Taiwanese people's voice and could not provide sound and suitable explanation to what Executive Yuan violated and overruled during the Chen's visit, they only could "silently laid" to express their anger.

WSM always held peace, rationality, and non-violence from the beginning. Zhen(鄭哲修) and Su(蘇紘融) only could actively take actions to let the Taiwan government perceive when the government was blind to the occurrence of human rights violations in Taiwan. Indeed, these two students' action was the best practice of the non-violent resistance.

However, in the beginning five minutes of Zhen(鄭哲修) and Su(蘇紘融)'s action, policemen/policewomen immediately warned their silent-lay. After two warns, these two students advocated, "Shame on government! Walk out back door!" and "No government apology for its illegal actions. Human rights lay and die in Executive Yuan." Under the circumstance of twenty policemen/policewomen surrounding, they were lifted into the police car and were taken for further investigation in the police department of the Zhongzheng First Police District, Taipei City . At last, this silent-lay protest only continued for ten minutes.

When knowing Zhen(鄭哲修) and Su(蘇紘融) were taken for further investigation in the police station, the WSM students instantly informed of and sought assistance for the Lawyer Lin (林峰正) of Judicial Reform Foundation. During the investigation, the police indicated that Zhen(鄭哲修) and Su(蘇紘融) violated The Social Order Maintenance Law Aritcle 68. item 2(第68條第2款). These two students kept silent, were unwilling to cooperate with the police's inquest, and refused to sign up the deposition record by policemen/policewomen. Ultimately, Zhen(鄭哲修) and Su(蘇紘融) left the police station accompanied with the Lawyer Lin (林峰正).

WSM completely supports Zhen(鄭哲修) and Su(蘇紘融)'s silent-lay action. WSM believes that they held the resolution for nonviolent resistance to confront potential national violence and their action was full of courage. In addition, WSM respects that the police administered the law. However, these two students have already taken legal responsibility which they probably have to face. The police administered its power based on The Social Order Maintenance Law Article 68. item 2(第68條第2款): the person who creates troubles for inhabitants, factories, companies, public places, and locations for public pass. WSM wants to ask. The entrance of the Executive Yuan is not only one. Zhen(鄭哲修) and Su(蘇紘融) did not obstacle entire traffic lanes and block any cars' passing. As a result, what kinds of troubles which these two student created break the harmony at the main entrance of the Executive Yuan?
In the past, there are some stories regarding the common people stating and pleading by stopping the officers sitting in sedan chair. Why do the common people, even two students, have no opportunity to express and protest at the main entrance of the Executive Yuan, particularly in this democratic Taiwan society? For tackling these two students of WSM, it is incredible that the Executive Yuan arranged twenty to thirty policemen/policewomen to surround two students and forcefully lift them away. Does this action represent the scholar leadership of Liou (Former president of NCTU)？ If the government views the common people as the condemnable folks, one day, finally the people will spurn this government.

[Taipei Times] Strawberries stage‘memorial service’for human rights

INVITATIONS: Student protesters sent notices of the death of the nation’s human rights to President Ma Ying-jeou and other politicians across party lines
By Flora Wang STAFF REPORTER Monday, Nov 24, 2008, Page 3

Original Page
Members of the Wild Strawberries Student Movement lie on the ground yesterday at the Liberty Square in front of National Taiwan Democracy Memorial Hall in Taipei to depict the wounded and dead as part of their mock memorial service for human rights.

Wearing white head coverings and face masks, a few dozen protesters gathered at Liberty Square, carrying placards that read “Freedom of speech” and “Free from violence” and offering their “condolences” to rights they said have been trampled by the government.

The memorial service “symbolizes our sadness toward [the government’s] violations of human rights during [Association for Relations Across the Taiwan Strait Chairman] Chen Yunlin’s [陳雲林] stay in Taiwan,” said Lo Shih-hsiang (羅士翔), a spokesman for the movement.

The students began their silent sit-in on Nov. 6 to protest what they called excessive police force against demonstrators who opposed Chen’s visit between Nov. 3 and Nov 7.

After police removed the students from outside the Executive Yuan, they moved their demonstration to the square on Nov. 7.

The group has continued its demonstrations at the square every day, calling for immediate amendments to the Assembly and Parade Law (集會遊行法) to scrap regulations requiring police approval for demonstrations.

The students had sent out “notices of death” of the nation’s human rights to politicians across party lines, including President Ma Ying-jeou (馬英九), Premier Liu Chao-shiuan (劉兆玄), Chinese Nationalist Party (KMT) Chairman Wu Poh-hsiung (吳伯雄) and Democratic Progressive Party (DPP) Chairperson Tsai Ing-wen (蔡英文), and to National Police Agency Director-General Wang Cho-chiun (王卓鈞) and National Security Bureau Director-General Tsai Chao-ming (蔡朝明). Only Tsai attended the mock funeral.

When approached by reporters, Tsai said she wanted to encourage the students, but that she did not want their demonstration to be labeled as an activity organized by the pan-green camp.

Speaking on the assembly law, Tsai said the former DPP administration “failed to pay enough attention or push for amending or abolishing the Assembly and Parade Law. We feel very sorry.”

The students also expressed opposition yesterday to a requirement by the Ministry of Justice that schools nationwide recruit personnel to implement government ethics policies.

The ministry sent formal notices to all government branches asking schools, government agencies and state-run enterprises to recruit the personnel.

The move drew widespread criticism across party lines, with many legislators calling the measure reminiscent of the Martial Law era, when all schools had human resource units in charge of spying on public servants and reporting back to the ministry.

The DPP caucus said the ministry’s requirement may violate the 1992 Act Governing the Establishment of the Government Employee Ethics Units and Officers (政風機構人員設置條例), which says the legislature, local councils, military agencies and public schools do not need to establish such units.

"The students of the Wild Strawberry Student Movement are worried that schools ... will be threatened by the White Terror again,”the students said in a press release.

[FIDH] [Press Release] Open letter to President Ma, Premier Liu, and R.O.C.--Taiwan

Deep concern regarding the detention and attacks against citizens protesting peacefully during the visit of Chinese envoy Mr. CHEN Yunlin
20/11/2008
Taiwan
Open letter to

* President Ma Ying-jeou
* Premier Liu Chao-hsuan
* Republic of China – Taiwan

Your Excellencies,

The International Federation for Human Rights (FIDH) is writing to you to express its deep concern regarding the detention and attacks against citizens protesting peacefully during the visit of Chinese envoy Mr. CHEN Yunlin. FIDH believes that such arrests and violence are grave violations of human rights, under the pretext of national security.

According to the information received, since November 3rd, 2008, the city of Taipei has been heavily occupied by more than 7,000 police officers. The authorities have taken many drastic measures, including: confiscating and damaging private property, harassing and assaulting people who came too close to undefined or vaguely defined areas, clearing communal highway lanes with force, conducting random searches and arrests, and restricting the freedom of movement of citizens. These actions have been taken during Mr. CHEN’s visit, in the name of protecting security.

However, we fear these aggressions in fact aim at suppressing the right to freedom of expression of citizens. To supplement this violence, there are also unprecedented restrictions which clearly overpass the limits of ensuring security. For example, citizens have been restricted from displaying or carrying the national flag of Taiwan, forbidden to declare that “Taiwan is not part of China”, forbidden from carrying filming devices, and restricted from playing any music the authorities consider inappropriate.

These measures seem to be aimed at silencing political opinions rather than protecting security, and thus they blatantly violate the Constitution of Taiwan, notably Articles 11 and 14 which protect freedom of expression and international human rights standards. Consequently, FIDH requests that the National Police Agency and National Security Bureau, bound by the Constitution and the national legislation, should be held responsible for violating their legal obligations. The Judicial Yuan and Control Yuan should immediately conduct independent and impartial investigations into all allegations of human rights violations and hold all personnel in office accountable for neglecting their civil and legal obligations, in line with the Judicial Yuan’s recent statement that “it is very important to form an objective and solid review standard, and make the constitutional reviews more predictable and trust-worthy to people”. Those who perpetrated these violations, particularly in the National Police Agency and National Security Bureau, must be held accountable, in accordance with Article 24 of the Constitution of Taiwan, which stipulates that “Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary punishment in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim damages from the State for any injury sustained therefrom.”

More generally, FIDH calls upon the government to amend the Parade and Assembly Law, in particular : to abolish the requirement for mandatory permits and adopt the system of voluntary basis and the clause on special area of restriction, which gives too much discretion to the authority to restrict people’s freedom of association and freedom of expression. In addition the authorities should abolish the order to dismiss as well as the provisions on special criminal punishment, which is a legacy of the martial law era. Finally, Taiwan should establish the protocol for law enforcement personnel who should have the obligation to clearly announce his or her identity when on duty, to ensure legitimacy and accountability.

Your Excellencies,

Our Organization firmly believes that the fruit of Taiwan’s remarkable democratization has landmark significance to the Asian continent as a whole. We therefore express our serious concern over the alarming human rights degradation in Taiwan, and we do take it as a signal of a negative trend undermining the values of democracy and human rights on which Taiwan should be based. Hoping that you will take into consideration the above mentioned concerns, I remain,

Yours sincerely,

Souhayr Belhassen

* FIDH President
Original page: http://www.fidh.org/spip.php?article6006

Freedom House Calls for Inquiry into Taiwan Clashes [Press Release]

Washington
November 20, 2008

Freedom House urges Taiwan's government to create an independent commission to thoroughly investigate clashes between police and activists protesting Chinese envoy Chen Yunlin's historic visit and recommend needed reforms.

"A public investigation of the violence—which involved both sides—will send a critical message that the new government of President Ma Ying-jeou is interested in upholding the democratic values of transparency and accountability," said Jennifer Windsor, Freedom House executive director. "The inquiry should examine evidence on both sides and recommend any needed reforms to police practices and the legal framework governing demonstrations."

Hundreds of university students are currently staging a sit-in in Taipei's Freedom Square and several other cities to protest the government's handling of the incident. During Chen’s visit, police reportedly used heavy-handed tactics—including physical assault, arbitrary detention and destruction of property—to prevent Chen from seeing symbols of Taiwanese or Tibetan independence, as well as broader demonstrations against the Chinese regime. Demonstrators also employed violence against police, throwing rocks and petrol bombs outside Chen's hotel on November 6.

The clashes reveal a need for police to undergo crowd control training that adheres to the standards used in other democracies. Likewise, demonstrators and political advocacy groups must recommit themselves to orderly protests that avoid violence under any circumstances.

The inquiry commission should examine controversial passages in Taiwan's Assembly and Parade Law, such as restrictions on where people are allowed to demonstrate, and determine whether they need to be liberalized to protect citizens' rights to freedom of expression and assembly. The commission should also investigate claims that police are selectively enforcing the law.

The visit by Chen, the most senior Chinese official to visit Taiwan since it split from China in 1949, and the recent arrests of several opposition party figures are raising concerns that that President Ma and his Kuomintang Party may rollback democratic freedoms.

"The government must renew its commitment to tolerating robust freedom of assembly and peaceful protest, no matter what the cause," said Windsor.

Taiwan is ranked Free in the 2008 edition of Freedom in the World, Freedom House's survey of political rights and civil liberties, and in the 2008 version of Freedom of the Press. (Original page)

Freedom House, an independent nongovernmental organization that supports the expansion of freedom in the world, has been monitoring political rights and civil liberties in Taiwan since 1972.

Nov 18th Press Release from the Wild Strawberries Movement

The Executive Yuan has raised the issue of revisions to the Parade and Assembly Law recently. However, the new version adopts a “compulsory registration system” whose content preserves restrictions including “assembling without registration is illegal”, “establishing forbidden areas”, “police have the right to alter the time, place, and form of the parade”, “the police can command dissolution of the parade without explicit standards”, and “the criminal and administrative sanctions relating to assembly”. Namely, the revision contains no practical improvements, only the change of name from “permission” to “registration”.

The Wild Strawberries question the statements President Ma made few days ago. What did he imply about the “registration system”? Is it compulsory or voluntary? Or is it that President Ma cannot distinguish between these two completely different systems?

The Wild Strawberries Movement cannot accept the revision. Initially, all the revisions proposed by KMT legislators Chu Feng-tz (朱鳳芝) and Cheng Li-wen (鄭麗文), as well as members of the DPP, were aimed at a voluntary registration system, but these were dropped from the final revisions. The Wild Strawberries urge both parties to support a voluntary registration system.

The Internal Affairs Committee of the Legislative Yuan will draw up modifications of the Parade and Assembly Law on November 19th. In order to supervise the Legislative Yuan’s procedures, the Taiwan Association for Human Rights will hold a large assembly at 8:45 am tomorrow in front of Legislative Yuan (No.1, Chungshan S. Rd). They intend to besiege the Legislative Yuan, and make a detour each hour. Further, there will be a farewell ceremony for the Assembly and Parade Law on 10 o’clock. The activity is expected to be held for at least half, if not the whole day, and the students involved in the Wild Strawberries Movement will come out to support this activity.

The Wild Strawberries want to stress that they never raise funds outside of Liberty Square (自由廣場), for there have been individuals going around Taipei raising money pretending to be Wild Strawberries. Please do not give money to anyone outside of the Liberty Square Demonstration.