Within the past week, several Chinese spouses of Taiwanese have stirred up controversy by advocating on social media for China to invade Taiwan. However, that kind of language does not fall under freedom of speech and expression as defined in the UN’s International Covenant on Civil and Political Rights (ICCPR).
Under Article 20 of the covenant, war propaganda and encouragement of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence are prohibited. That is a major exception to the general protections and stipulations listed in the preceding article, which states that everyone has the right to hold opinions without interference.
In 1983, the 19th Session of the UN Human Rights Council passed the general comments to Article 11 to further clarify Article 20. The committee emphasized that Article 20 prohibits war propaganda that possibly or de facto leads to acts of aggression that destroys the advocacy of any peace as promoted in the UN Charter. However, the stipulation does not prohibit the right to self-defense or a person’s self-determination and advocacy for their independence, in line with the language of the charter.
Article 20 also does not specify whether the goal of such propaganda or advocacy of national, racial or religious hatred is targeted at a specific nation, either internally or externally.
Taiwan and China are not subservient to one another. The obvious split between a democratic Taiwan and an authoritarian China is an uncontestable reality, and is part of the international consensus. Advocating for the military annexation of Taiwan not only contravenes the covenants on freedom of speech and expression under the ICCPR, but also contravenes the “Purpose and Principles” section and other conventions of the UN Charter.
To uphold Taiwan’s national security and sovereignty, the government must unequivocally prohibit speech advocating for China’s “military unification of Taiwan.” Application of such laws should of course not be limited to Chinese spouses, but should also apply to Taiwanese, such as former Chinese Nationalist Party (KMT) central policy committee director Alex Tsai (蔡正元).
Chen Yi-nan is the convener of the science and technology committee of the Northern Taiwan Society, and an arbitrator and patent attorney.
Translated by Tim Smith
There are moments in history when America has turned its back on its principles and withdrawn from past commitments in service of higher goals. For example, US-Soviet Cold War competition compelled America to make a range of deals with unsavory and undemocratic figures across Latin America and Africa in service of geostrategic aims. The United States overlooked mass atrocities against the Bengali population in modern-day Bangladesh in the early 1970s in service of its tilt toward Pakistan, a relationship the Nixon administration deemed critical to its larger aims in developing relations with China. Then, of course, America switched diplomatic recognition
The international women’s soccer match between Taiwan and New Zealand at the Kaohsiung Nanzih Football Stadium, scheduled for Tuesday last week, was canceled at the last minute amid safety concerns over poor field conditions raised by the visiting team. The Football Ferns, as New Zealand’s women’s soccer team are known, had arrived in Taiwan one week earlier to prepare and soon raised their concerns. Efforts were made to improve the field, but the replacement patches of grass could not grow fast enough. The Football Ferns canceled the closed-door training match and then days later, the main event against Team Taiwan. The safety
The Chinese government on March 29 sent shock waves through the Tibetan Buddhist community by announcing the untimely death of one of its most revered spiritual figures, Hungkar Dorje Rinpoche. His sudden passing in Vietnam raised widespread suspicion and concern among his followers, who demanded an investigation. International human rights organization Human Rights Watch joined their call and urged a thorough investigation into his death, highlighting the potential involvement of the Chinese government. At just 56 years old, Rinpoche was influential not only as a spiritual leader, but also for his steadfast efforts to preserve and promote Tibetan identity and cultural
Former minister of culture Lung Ying-tai (龍應台) has long wielded influence through the power of words. Her articles once served as a moral compass for a society in transition. However, as her April 1 guest article in the New York Times, “The Clock Is Ticking for Taiwan,” makes all too clear, even celebrated prose can mislead when romanticism clouds political judgement. Lung crafts a narrative that is less an analysis of Taiwan’s geopolitical reality than an exercise in wistful nostalgia. As political scientists and international relations academics, we believe it is crucial to correct the misconceptions embedded in her article,
RSS