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Minister upholding rule of law for human rights' sake

February 06, 2009
Justice Minister Wang visits the Ming Yang Correctional High School in Kaohsiung County to boost morale among inmates. (CNA)
Once hailed by the media for her work centered on ending "women's tears, children's cries and grandmothers' scars" during her career as a lawyer, Minister of Justice Wang Ching-feng has continued to pursue an activist role in her position as Taiwan's top justice official. Following is an excerpt from a recent interview with Taiwan Journal reporter Jean Yueh in which the minister discusses her past endeavors and future plans.

Taiwan Journal: Coming from a family of physicians, what made you decide to become a lawyer?

Wang: Both my father and brother are doctors, and my family wanted me to become one, too. However, a law major was my first choice when entering college.


TJ: As an attorney, what motivated you to forsake potentially profitable cases to focus on women's rescue work that demanded so much of your time, effort and own financial resources?

Wang: Back then, I had a simpler outlook--namely, that a lawyer's role was to resolve conflicts for other people. At that time, just 10 to 20 people passed the bar exam in Taiwan each year. Among them, only a very small number were women. Businessmen tended to hire male attorneys, but socially disadvantaged women and their children turned to female attorneys. In their minds, a lawyer was a strong figure whose job was to support them through their hardships and traumas. By taking on such cases, I came to realize that many female victims of domestic violence, physical threats, sexual assault, or even trafficking were practically helpless as the legal system at the time was not comprehensive enough to protect them, while public and private social resources were limited.

Back in 1987 and 1988, the issue of teenage prostitutes dominated media headlines, but it was not a police priority for several reasons, including the difficulties in dealing with organized crime and finding shelter for rescued teenage prostitutes, and the fact that such cases did not garner much acclaim for individual officers.

TJ: Did you ever fear facing organized crime when working to save teenage prostitutes?

Wang: Indeed, many people hesitated to engage in such work because of the dangers involved. But we couldn't just stand by and watch these criminals abusing these young girls. Someone had to save them. It's like setting up a lighthouse. Once it is there, those who want to enter the harbor know where to turn.


TJ: What is the current situation regarding the lawsuits by former Taiwanese "comfort women" against the Japanese government?

Wang: The Japanese government continues to refuse to pay legal compensation, which would in effect mean admitting it had done something wrong. The Japanese government is only willing to indirectly offer compensation through a private foundation, thereby avoiding accepting responsibility for its wrongdoing. But these surviving comfort women deserve legal compensation directly from the government. It has been 17 years since we began investigating the cases of Taiwanese comfort women. At present, there are 20 survivors. The Taipei Women's Rescue Foundation is helping these women with government subsidies in their twilight years. The government provides healthcare as well as NT$15,000 (US$445) per month for their living expenses.


TJ: What is your position on abolishing the death penalty?

Wang: Abolishing capital punishment is a growing global trend. In December 2007, the U.N. General Assembly adopted a landmark moratorium on the death penalty. According to Amnesty International, as of the end of 2008, a total of 93 countries had abolished it, while 36 countries still had the death penalty in place but had not executed anyone for over 10 years. Only 24 nations still carry out the death penalty today.

In November last year, the Taiwan Alliance to End the Death Penalty and three European representative offices in Taiwan organized a series of activities to promote the abolition of the death penalty.

In Taiwan, certain crimes were only punishable by death in the past. However, the laws have been amended to allow for life imprisonment for these crimes. Some 80 percent of people in Taiwan oppose abolishing the death penalty because it is seen as a deterrent to crime. But foreign studies have shown that the existence of the death penalty doesn't necessarily reduce crime. Some 56 percent who oppose abolishing the death penalty in Taiwan say they are open to replacing it with life imprisonment. But the cost of lifetime incarceration is shouldered by the taxpayers, so there are pros and cons for both arguments.


TJ: You were the first woman in Taiwan to run for office in a presidential election. What were your ideals at that time?

Wang: I thought that the world is not perfect and that we all need to work to improve it-- to make politics clean, and the government more efficient. For me, power and money are not the issue.


TJ: During your career, you have assumed a wide range of jobs and responsibilities. Looking back, what are your feelings on all that you have gone through?
Wang: Life is just a process. I feel my life has been worthwhile as I have usually been engaged in more than one task at any one time. I feel I have lived so many lives already.

TJ: What are some of your priorities as the minister of justice?

Wang: One priority is in the area of prosecution. I was once confronted by a reporter who said that prosecutors are political tools. I responded by saying: "No, they are tools of justice." The job of prosecutors is to maintain social order, fairness and justice. We will continue to improve the quality of prosecutors as well as how they prosecute. This is the major way to ensure that human rights are protected.

Another priority is correctional administration. We would like to upgrade the current Department of Corrections to an independent agency outside of the ministry. For public safety, our nation already has the National Police Agency, National Fire Agency and National Immigration Agency, but still no independent correctional services agency. As of December 2008, there were 63,203 inmates in Taiwan's correctional facilities, with 41.1 percent of the total being drug-related offenders.

Roughly NT$10.2 billion of the ministry's total budget of NT$26.8 billion for this year has been allocated for prison administration. We hope to conserve social resources and therefore would like to amend related laws in order to allow those convicted of minor crimes to engage in community service as an alternative to serving prison sentences. This would reduce costs and allow minor offenders to stay with their own families and support their dependents. Based on current statistics, we estimate 11 percent of the inmates would be able to choose the community service option once the laws are revised.

Prison is the last line of defense in terms of upholding public safety. The ultimate goal is returning reformed offenders to society. To be successful, we need an effective correctional services system.

Another major priority is revising related laws to improve compensation to and protection of crime victims, which is handled by the ministry's Department of Prevention, Rehabilitation and Protection.
Fighting corruption is also one of my main areas of focus as justice minister. Some 76 percent of the general public would like to see the establishment of an Independent Commission Against Corruption. We are currently studying the feasibility of setting up such an agency, which would bring together over 2,000 staff from government ethics offices stationed in each government agency to increase the efficiency of anti-corruption efforts. Businesses also have a part to play in preventing corruption in the private sector. Zero tolerance for corruption ought to be a basic value of every member of society.

To sum up, my motto is: "Realize the rule of law in order to protect human rights."

TJ: Do you have anything to say to your female compatriots?

Wang: Life can be difficult for women. My advice is to try to take it easy and be happy.

Biography

In May 2008, Wang Ching-feng was sworn in as the Republic of China's minister of justice--the first woman to hold the post in the nation's history. It seemed a fitting honor for Wang whose over three-decade career as an attorney-at-law has for the most part focused on helping female victims of the sex trade, domestic violence and human trafficking.

Wang, who graduated from National Chengchi University Law School, began her career as a licensed attorney in 1975. Witnessing firsthand the plight of so many female victims in a society that did not adequately protect the rights of women led Wang to take on a more activist role.

In 1988, Wang co-founded the Taipei Women's Rescue Foundation, which was aimed at saving teenage prostitutes. She also worked with other lawyers and social activists in successfully pressing authorities to crack down on the exploitation of minors in the sex trade, lobbying politicians to pass legislation to stamp out such practices and enhancing the rights of female victims of trafficking.

Through the foundation, Wang also worked as counsel for Taiwanese "comfort women," who were forced to work as sex slaves for Japanese soldiers during World War II, in seeking compensation and an official apology from the Japanese government.

Wang has assisted other disadvantaged members of society during her career, serving as a board member on several social welfare foundations in recent years.

She has served in several government posts since the mid-1990s, including as a member of the Control Yuan (1993-1995), head of the Association for Rebuilding Homes Destroyed by the 921 Earthquake (1999-2000), a member of the Ministry of the Interior's Domestic Violence and Sexual Assault Prevention Committee (1999-2001), and commissioner of the Central Election Commission (2001-2004), to name a few. She also ran for vice president in 1996 on a ticket with independent candidate Chen Li-an in Taiwan's first direct presidential election.

In 2006, she was appointed chairperson of the 319 Shooting Incident Special Investigation Commission responsible for probing the circumstances surrounding the assassination attempt on then-President Chen Shui-bian on the eve of the 2004 presidential election.

As justice minister, Wang has set many goals, including the improvement of correctional administration, drug prevention measures, prosecution standards, anti-corruption efforts and protection of crime victims.

--By Jean Yueh

Write to Jean Yueh at yueh@mail.gio.gov.tw

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