Written by Cheng-Ching Lin and Grace Huang.
Image credit: 青鳥行動 by 苦勞網/ Flickr, license: CC BY-NC-ND 2.0.
The Judicial Reform Foundation (JRF), established in November 1995, brings together devoted allies for judicial reform across different sectors within civil society, including lawyers, scholars, social activists, and non-governmental organisations. With collective actions and knowledge, JRF has made a solid leap toward judicial reform in Taiwan. JRF adopts multifaceted strategies to promote the rule of law, including legislative advocacy, institutional monitoring, public education, and individual case tracking, aiming to build a trustworthy judicial system and realise the ideals of justice and democracy.
Below is a recap of JRF’s efforts and achievements in 2024, along with the challenges ahead.
New Congress, New Political Situation, and New Judicial Challenges
The 2024 presidential and parliamentary elections marked a significant change in Taiwan’s political landscape. Lai Ching-Te (賴清德) was elected as the President, which means the Democratic Progressive Party (DPP) became the first to be elected for three consecutive terms since the implementation of the direct election of the President in Taiwan. However, in the parliamentary election, none of the three main parties now hold a majority in Congress. A newer party, the Taiwan People’s Party (TPP), thus stands on a critical focal point between the two older parties, the DDP and KMT. Extreme confrontations between the ruling and opposition parties began to unfold swiftly. To maintain a functioning government, the ruling party, now without the advantage of controlling both the executive and legislative branches, must consider and mediate other party’s interests in their political agenda.
JRF, as an active grassroots organisation, strives to identify and seize new opportunities in this new political landscape. In terms of legislation, JRF continues the advocacy towards an amendment to the State Compensation Law, measures to reduce the burden on judicial bureaus, and the “Act to Implement the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” which are fundamentally across party lines. Issues such as judicial overload and the improvement of the judicial work environment are among the key examples. Powerful policy recommendations have been formed for the Judicial Yuan and the Ministry of Justice, highlighting effective measures and plans to reduce judicial overload while ensuring due process and fair trial.
As for the bills affected by political polarisation, JRF insists on defending people’s rights and democracy from partisan manipulation. Typical examples include the parliamentary reform bills and the Constitutional Court Procedure Act amendment, both controversial and potentially undermining Taiwan’s democratic and legal foundations. Along with various NGOs—including Taiwan Association for Human Rights (台灣人權促進會), Economic Democracy Union (經濟民主聯合), Covenants Watch (人權公約施行監督聯盟), Amnesty International Taiwan (國際特赦組織台灣分會), Awakening Foundation (婦女新知基金會), and Indigenous Youth Front (原住民族青年陣線)—JRF organised a series of peaceful demonstrations against legislators violating the Constitution. Efforts were made to inform the government, the politicians, and, most importantly, the general public that such amendments are damaging to democracy and that people’s rights shall never become bargaining chips in politics. For example, JRF issued public statements, professional briefings, and Op-eds, using different narrative styles to explain the controversial aspects of the amendment to the general public. JRF also held street talks and lectures to draw people’s awareness of how those problematic legislation will likely negatively affect their daily lives. The overall goal of raising public awareness is to keep the public engaged and informed of the fundamental value of the rule of law, the importance of which has soared, especially when the new parliament neglects its basic duty of upholding deliberative democracy.
Besides adapting to the new political culture brought by the new Congress, JRF recognises the importance of wielding different strategies in our advocacy. JRF remains on the frontline, evolving and deepening its legal profession in fighting off damaging and politically incentivised legislation.
Turbulent Politics and Robust Reform
Despite the political turmoil in Congress bypassing substantive deliberation and communication during the legislative process, resulting in the swift passage of various poorly designed bills, JRF remains committed to fostering the rule of law in Taiwan. JRF continues its tradition and strength in holding seminars, initiating strategic litigations, submitting amicus curiae briefs, issuing statements, holding press conferences, and communicating with the public sector. These efforts advocate for judicial reform and promote social awareness of human rights issues.
Besides large-scale activities, other seemingly small efforts accumulate great force when viewed in the broader context of Taiwan’s progress toward social equality, judicial integrity, and the protection of human rights. For instance, in the fight for LGBTQ+ rights, JRF, along with the transgender community, successfully won “Sterilization-Free Gender Change” lawsuits. In addressing wrongful convictions, JRF initiated a request to the President to exercise his right to amnesty for an innocent death penalty inmate named Qiu He-shun (邱和順). JRF also urged the government to establish the “Commission for Relief of Wrongful Imprisonment” and the “Court of Examination for Final Criminal Decree,” aiming to institutionalise formal channels to rectify wrongful imprisonments.
Moreover, as a legally professional civil organisation, JRF leverages its extensive legal expertise and employs diverse advocacy methods to establish a legal environment that truly protects human rights. It continues to monitor the investigatory process of the prosecutors and police, reinstating that the principle of “Non-Disclosure of Investigations” must be complied with to protect the defendant’s right to a fair trial. JRF also acted as amicus curiae for the death penalty (113-Hsien-Pan-8) and congressional reform (113-Hsien-Pan-9) cases, providing expert legal perspectives to ensure just outcomes. Another domain of dedication is digital governance. JRF strives to build a bottom-up movement called “The Digital Bill of Rights,” aiming to envision a systematic approach to giving the rights back to the people and rebalancing the overarching power structure of digital authoritarianism and surveillance capitalism. The Digital Bill of Rights is an initiative designed to safeguard human rights in the digital age by creating a legal framework that addresses challenges posed by increased censorship, surveillance, and the unaccountable power of Big Tech.
New Year, New Hope
2025 marks the 30th anniversary of the establishment of JRF. Along with addressing the authoritarian forces from China, it remains committed to navigating the challenges of parliamentary turmoil in the current political environment. Despite the difficulties in advancing bills through parliament, JRF deeply values the support and engagement of the general public. In the new year, continuous efforts will be made to rebuild trust in democratic governance. This includes strengthening public discourse on the rule of law, sharing visions and ideas through various avenues, and holding press conferences or organising rallies to express demands to the government when necessary. Advocacy via institutional paths will persist, including the amici curiae of the Constitutional Court, the citizen referendum system, and strategic litigation in the courts.
Finally, JRF will continue to deeply reflect on the relationship between democratic governance and the rule of law in the context of the global digital wave, speak out in international settings, and highlight our legal profession. All of the 2024 actions speak to the same message: despite the turbulent and toxic political environment, JRF manages to steadily push forward the rule of law in an uncompromised spirit. JRF remains hopeful and energetic in 2024 and will continue to be in 2025, as it recognises the significance and urgency of its work for the freedom and justice of the Taiwanese people and beyond.
Cheng-Ching Lin is a legal assistant at JRF. Grace Huang is an attorney at law, proudly serving as JRF’s Director of Global Justice and Digital Freedom.
This article was published as part of a special issue on ‘Farewell 2024, Fresh start 2025?’.
Taiwan Insight 