Taiwan’s Central Election Commission has unanimously decided to block a proposed referendum on introducing judicial caning, a move sparking significant debate within the country. The commission cited inconsistencies with Taiwan’s international obligations, specifically pointing out that judicial caning does not align with the island’s legal framework. Under the Referendum Act, initiatives that lie outside legislative principles or established policies cannot proceed to public vote. The proposed measure is considered inconsistent with Article 7 of the International Covenant on Civil and Political Rights (ICCPR), which forbids torture and cruel punishment. In a 1992 interpretation, the UN Human Rights Committee reinforced that Article 7’s prohibition extends to corporal punishment. More details on this decision can be found on JURIST.
The decision has sparked criticism from local politicians, including Jonathan Lin of the opposition Kuomintang Party, who claims the commission’s actions undermine democratic processes by restricting public access to referenda. Lin has called for transparency, urging the commission to disclose its full reasoning for public scrutiny.
Amnesty International Taiwan’s director, E-Ling Chiu, expressed strong opposition to the referendum proposal. She warned against a growing trend of human rights erosion in Taiwan, arguing that such a referendum would further empower cruel and degrading punishments, jeopardizing the progress Taiwan has made in human rights protections.
In August, Taiwan’s legislature had initially approved the proposal for a referendum on judicial caning, specifically aimed at offenses such as sexual assault and child abuse. Legislator Hung Mong-kai of the Kuomintang Party defended the proposal, asserting that it aligned with public sentiment demanding stricter penalties to improve criminal justice and public safety.
Several human rights organizations, alongside Amnesty International, have publicly condemned the notion of using a referendum to introduce laws breaching international human rights norms. These groups argue that judicial caning lacks evidence as an effective crime deterrent.
As this debate unfolds, the only referendum set for Taiwan this November revolves around the nation’s nuclear power policy, where citizens will decide on the continuation of the “nuclear-free homeland policy.”