Why Taiwan's civil society is out in force to protest so-called legal reforms

Opposition Kuomintang (KMT) and Taiwan People’s Party (TPP) lawmakers are attempting to pass controversial legal amendments that jeopardize the security and right to privacy of everyone residing in Taiwan, particularly members of vulnerable communities.

As a leading civil society organization in Taiwan, Doublethink Lab believes the proposals pose a significant risk to our staff, the people we represent, and our international partners.

Though framed as an attempt to improve oversight of the administration of newly inaugurated President Lai Ching-te, the so-called ‘legal reforms’ include amendments that could be weaponized to target organizations and individuals in possession of sensitive information and material.

Rather than improving oversight, such powers raise fears of retaliatory investigations and may lead to a chilling effect on free expression, association, and assembly.

Proposed amendments to “Laws Governing the Legislative Yuan’s Power” would enable Taiwan’s parliament to launch investigatory committees able to compel anyone, including military personnel, government officials and civil society representatives, to give public testimony or hand over data and documents.

With a pro-Beijing KMT-TPP majority in the Legislative Yuan, we fear the new powers significantly heighten the risks of human rights infringements and transnational repression.

Hong Kongers in Taiwan, for example, fear the proposed laws would create a pathway for China to seek to publicly disclose and disseminate their personal information, leading to surveillance and other forms of persecution.

Chapter 8, Article 45 of the package includes a new power for the Legislative Yuan to create investigatory committees by majority vote. Party caucuses would then nominate members in proportion to their seats in parliament, before those members elect a convener.

Those who do not comply with the committees’ requests for information could be repeatedly fined NT$100,000 (US$3,100), potentially forcing all but the wealthiest individuals or institutions into bankruptcy, as a means of coercion for compliance.

More concerning still, these investigative committees would be empowered to launch special investigation task forces without clear limits on their composition or remits, allowing committees task forces composed of members of a single party to target anyone they care to investigate without checks or balances.

Such sweeping powers pose unconscionable risks for those handling sensitive information, civil society groups working with vulnerable communities, including those facing persecution from China such as Tibetans or the Hong Kong diaspora, and journalists needing to protect their sources.

The proposed laws could also be used to target staff working in government missions and representative offices, international NGO branches, and overseas media bureaus.

“If approved, such legislation would question the very meaning and existence of independent and effective investigation journalism which is the backbone of credible media in any society as it allows to question and expose any abuse of power by any actor: state, business, religion, political parties, lobby groups or powerful individuals,” says Filip Noubel, Managing Editor of global media platform Global Voices.

Blindsiding democracy and the constitution

On Tuesday, 30,000 people took to the streets of Taipei to protest against the majority coalition’s attempts to pass the Acts by skipping established procedures, including the usual clause-by-clause public debate.

The protestors would not have known the full implications of the proposals because lawmakers had no opportunity to scrutinize the package in parliament on the public’s behalf. This lack of transparency and public involvement undermines procedural justice and Taiwan’s democratic foundations.

Furthermore, we believe the proposed laws are unconstitutional because they would empower the Legislative Yuan to investigate individuals and request sensitive data without a valid legal reason or court order, violating their right to privacy. The proposals also lack provisions to protect the rights of those under investigation, for example by guaranteeing their access to immediate legal assistance and a lawyer.

In light of the above concerns, we implore lawmakers to abandon this legislation and resume proper parliamentary process and debate. We welcome measures to improve transparency and accountability, but such efforts must be guided by open government and international human rights norms that protect the freedoms of expression, association, assembly, and right to privacy.

We also petition other CSOs and the international community to join us in calling for opposition lawmakers to abide by these norms and practices.

We will not allow Taiwan’s democracy to be eroded by stealth! Let’s stand together in defending the human rights of Taiwanese citizens and their international partners.

Together we have composed materials, including a copy of the CSO joint statement and a translation of the proposed laws we believe may help further understanding of the situation for those concerned:

Taiwan’s CSO’s joint statement: click here?

English Translation of the Amendments: click here?

Thank you for your attention,

Doublethink Lab