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civil and political rights 在官逼民反_人民當家 Facebook 的最佳貼文

2021-09-27 12:59:02 有 7 人按讚

巴黎著名人權和宗教自由律師、學者帕特里夏·杜瓦爾觀察到，當她第一次得知太極門案時，對台灣政府忽視國際批評風險感到驚訝。另一方面，她在法國的經歷告訴她，有時宗教和精神少數派的反對者並沒有考慮到這些風險。杜瓦爾指出，台灣於 2009 年批准並將《公民權利和政治權利國際公約》（ICCPR）和《經濟、社會和文化權利國際公約》（ICESCR）納入其國家法律。這些，正如歐洲人權法院和其他國際司法管轄區所解釋的那樣，包括在稅收和宗教自由決定中，
Patricia Duval, a well-known Paris human rights and religious liberty attorney and scholar, observed that when she first learned of the Tai Ji Men case, she was surprised that the Taiwan government was ignoring the risk of being criticized internationally. On the other hand, her experience in France told her that sometimes opponents of religious and spiritual minorities do not take these risks into account. Duval noted that Taiwan in 2009 ratified and included in its national law the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These, as they have been interpreted by the European Court of Human Rights and other international jurisdictions, including in tax and religious liberty decisions, should have been applied to the Tai Ji Men case and led to its solution, but they didn’t.
　
“人權無國界”的聯合創始人兼董事威利·福特（Willy Fautré）表示，台灣是一個民主國家，但沒有一個民主國家是完美的。太極門案讓台灣有機會像照鏡子一樣看到其民主制度的不完善之處。Fautré 說，現在應該立即解決這個問題。
　
Willy Fautré, co-founder and director of Human Rights Without Frontiers, stated that Taiwan is a democracy, but no democracy is perfect. The Tai Ji Men case offers to Taiwan an opportunity to see, as if in a mirror, what is imperfect in its democratic system. It should now be solved, Fautré said, without delay.

https://bitterwinter.org/scholars-discuss-transitional-justice-tai-ji-men-case/

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官逼民反_人民當家

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沸騰的心，透析的眼，惡官『逼』良民『反』熱血公民一起掀開無良政府部門不公不義的真相!!! 　

civil and political rights 在黃浩銘 Raphael Wong Facebook 的最佳貼文

By 黃浩銘 Raphael Wong

2021-08-20 15:40:15 有 1,769 人按讚

毋忘五大訴求　公民抗命有理
—10‧20九龍遊行陳情書
（案件編號：DCCC 535/2020）

——————————————————
「毋忘初衷，活在愛和真實之中」
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胡法官雅文閣下：

　　2012年，我第一次站在法庭上承認違反「公安惡法」，述說對普選的盼望，批評公安惡法不義，並因公民抗命的緣故，甘心樂意接受刑罰。當年我說，如果小圈子選舉沒有被廢除，惡法沒有消失，我依然會一如故我，公民抗命，並且我相信將會有更多學生和市民加入這個行列。想不到時至今日，普選仍然遙遙無期，我亦再次被帶到法庭接受審判，但只是短短７年，已經有數十萬計的群眾公民抗命，反對暴政。今日，我承認違反「未經批准的政府」所訂立「未經批准的惡法」之下的「未經批准集結」罪，我不打算尋求法庭的憐憫，但請容許我佔用法庭些微時間陳情，讓法庭在判刑前有全面考慮。

暴力之濫觴

　　在整個反修例運動如火如荼之際，我正承擔另一宗公民抗命案件的刑責。雖然身在獄中，但仍然心繫手足。我在獄中電視機前見證6月9日、6月16日及8月18日三次百萬港人大遊行，幾多熱愛和平的港人冒天雨冒彈雨走上街頭，抗議不義惡法，今日關於10月20日的案件，亦是如此。可能有人會問，政府已在6月暫緩修例，更在9月正式撤回修例，我等仍然繼續示威，豈非無理取鬧？我相信法官閣下肯定聽過「遲來的正義並非正義」（Justice delayed is justice denied）這句格言。當過百萬群眾走上街頭，和平表達不滿的時候，林鄭政府沒有理睬，反而獨行獨斷，粗暴踐踏港人的意願，結果製造出後來連綿不絕的爭拗，甚至你死我活的對抗。經歷眾多衝突痛苦之後，所謂暫緩撤回，已經微不足道，我們只是更加清楚：沒有民主，就連基本人權都不會擁有！

　　在本案之中，雖然我們都沒有鼓動或作出暴力行為，但根據早前8‧18及10‧1兩宗案件，相信在控方及法庭眼中，案發當日的暴力事件仍然可以算在我們頭上，如此，我有必要問：如果香港有一個公平正義的普及選舉，人民可以在立法會直接否決他們不認可的法律，試問2019年的暴力衝突可以從何而來呢？如果我們眼見的暴力是如此十惡不赦，那麼我們又如何看待百萬人遊行後仍然堅持推行惡法的制度暴力呢？如果我們不能接受人民暴力反抗，那麼我們是否更加不能對更巨大更壓逼的制度暴力沈默不言？真正且經常發生的暴力，是漠視人民訴求的暴力，是踐踏人民意見的暴力，是剝奪人民表達權利的暴力。真正憎恨暴力，痛恨暴力的人，不可能一方面指摘暴力反抗，又容忍制度暴力。如果我需要承擔和平遊行引發出來的暴力事件的刑責，那麼誰應該承擔施政失敗所引發出來的社會騷亂的罪責呢？

社會之病根

　　對於法庭而言，可能2019年所發生的事情只是一場社會騷亂，務必追究違法者個人責任。然而，治亂治其本源，醫病醫其病根，我雖然公民抗命，刻意違法，控方把我帶上法庭，但我卻不應被理解為一個「犯罪個體」。2019年所發生的事情，並不是我一個人或我們這幾位被告可以促成，社會問題的癥結不是「犯罪份子」本身，而是「犯罪原因」。我明白「治亂世用重典」的道理，但如果「殺雞儆猴」是解決方法，就不會在2016年發生旺角騷亂及2017年上訴庭對示威者施以重刑後，2019年仍然會爆發出更大規模的暴力反抗。

如果不希望社會動亂，就必須正本清源，逐步落實「五大訴求」，從根本上改革，挽回民心。2019年反修例運動，其實只是2014年雨傘運動的延續而已，縱使法庭可能認為兩個運動皆是「一股歪風」所引起，但我必須澄清，兩個運動的核心就是追求民主普選，人民當家作主。在2019年11月24日區議會選舉這個最類近全民普選的選舉中，接近300萬人投票，民主派大勝，奪得17個區議會主導權，這就是整個反修例運動的民意，民意就是反對政府決策，反對制度暴力，反對推行惡法，不容爭辯，不辯自明。我們作為礦場裡的金絲雀，多次提醒政府撤回修法，並從根本上改革制度，而在10月20日的九龍遊行當然是反映民意的平台契機。如今，法庭對我們施加重刑，其實只不過是懲罰民意，將金絲雀困在鳥籠之內，甚至扼殺於鼓掌之中，窒礙表達自由。

堅持之重要

　　大運動過後的大鎮壓，使我們失去《蘋果日報》，失去教協，失去民陣，不少民主派領袖以及曾為運動付出的手足戰友都囚於獄中，不少曾經熱情投入運動的朋友亦因《國安法》的威脅轉為低調，新聞自由示威自由日漸萎縮，公民社會受到沈重打擊，我亦失去不少摯友，有感傷孤獨的時候，但我仍然相信，2019年香港人的信念，以及所展現人類的光輝持久未變。我不會忘記百萬人民冒雨捱熱抗拒暴政，抵制惡法，展現我們眾志成城；我不會忘記人潮紅海，讓道救護車，展現我們文明精神；我不會忘記年青志士直接行動反對苛政，捨身成仁，展現我們膽色勇氣；我不會忘記銀髮一族走上街頭保護年青人，展現我們彼此關懷；我不會忘記「五大訴求」，不會忘記2019年區議會選舉，展現我們有理有節。

　　法官閣下，我對於當日的所作所為，不感羞恥，毫無悔意。我能夠在出獄後與群眾同行一路，與戰友同繫一獄，實是莫大榮幸。若法治失去民主基石，將使法庭無奈地接受專制政權所訂立解釋的法律限制，隨時變成政治工具掃除異見，因此爭取民主普選，建設真正法治，追求公平正義，仍然是我的理想。在這條路上，如有必要，我仍然會公民抗命，正如終審法院海外非常任法官賀輔明（Lord Hoffmann）所言，發自良知的公民抗命有悠久及光榮的傳統，歷史將證明我們是正確的。我期望，曾與我一起遊行抗命的手足戰友要堅持信念，在艱難歲月裡毋忘初衷，活在愛和真實之中。

　　最後，如9年前一樣，我想借用美國民權領袖馬丁路德金牧師的一番話對我們的反對者說：「我們將以自己忍受苦難的能力，來較量你們製造苦難的能力。我們將用我們靈魂的力量，來抵禦你們物質的暴力。對我們做你們想做的事吧，我們仍然愛你們。我們不能憑良心服從你們不公正的法律，因為拒惡與為善一樣是道德責任。將我們送入監獄吧，我們仍然愛你們。」（We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you.）

　　願慈愛的主耶穌賜我們平安，與我和我一家同在，與法官閣下同在，與香港人同在。沒有暴徒，只有暴政；五大訴求，缺一不可！願榮耀歸上帝，榮光歸人民！

第五被告
黃浩銘
二零二一年八月十九日

Lest we forget the five demands: civil disobedience is morally justified
- Statement on 10‧20 Kowloon Rally
(Case No.: DCCC 535/2020)

Your Honour Judge Woodcock

In 2012, I stood before the court and admitted to violating the "Public Security Evil Law". I expressed my hope for universal suffrage, criticized the evil law as unjust, and willingly accepted the penalty for civil disobedience. Back then, I said that if the small-circle election had not been abolished and the draconian law had not disappeared, I would still be as determined as I was, and I believe that more students and citizens would join this movement. Today, universal suffrage is still a long way off, and I have been brought before the court again for trial. But in just seven years, hundreds of thousands of people have already risen up in civil disobedience against tyranny. Today, I plead guilty to "unauthorised assembly" under an unapproved evil law enacted by an unauthorised government. I do not intend to seek the court's mercy, but please allow me to take up a little time in court to present my case so that the court can consider all aspects before sentencing me.

The roots of violence

At the time when the whole anti-extradition law movement was in full-swing, I was taking responsibility for another civil disobedience case. Although I was in prison, my heart was still with the people. I witnessed the three million-person rallies on 9 June, 16 June and 18 August on television in prison, when many peace-loving people took to the streets despite the rain and bullets, to protest against unjust laws. Some people may ask, "The Government has already suspended the legislative amendments in June and formally withdrew the bill in September, but we are still demonstrating, are we not being unreasonable?" I am sure your Honour has heard of the adage "Justice delayed is justice denied". When more than a million people took to the streets to express their discontent peacefully, the Lam administration ignored them and instead acted arbitrarily, brutally trampling on the wishes of the people of Hong Kong, resulting in endless arguments and even confrontations. After so many conflicts and painful experiences, the so-called moratorium is no longer meaningful. We only know better: without democracy, we cannot even have basic human rights!

In this case, although we did not instigate or commit acts of violence, I believe that in the eyes of the prosecution and the court, the violence on the day of the incident can still be counted against us, based on the August 18 and October 1 case. And now I must ask - If Hong Kong had a fair and just universal election, and the public could directly veto laws they did not approve of at the Legislative Council, then how could the violent clashes of 2019 have come about? If the violence we see is so heinous, how do we feel about the institutional violence that insists on the imposition of draconian laws even after millions of people have taken to the streets? If we cannot accept violent rebellion, how can we remain silent in the face of even greater and more oppressive institutional violence? The true and frequent violence is the kind of violence that ignores people's demands, that tramples on their opinions, that deprives them of their right to express themselves. People who truly hate violence and abhor it cannot accuse violent resistance on the one hand and tolerate institutional violence on the other. If I have to bear the criminal responsibility for the violence caused by the peaceful demonstration, then who should bear the criminal responsibility for the social unrest caused by failed administration?

The roots of society's problems

From a court's point of view, it may be that what happened in 2019 was just a series of social unrest, and that those who broke the law must be held personally accountable. What happened in 2019 was not something that I alone or the defendants could have made possible, and the crux of the social problem was not the 'criminals' but the 'causes of crime'. I understand the concept of " applying severe punishment to a troubled world", but if "decimation" was really the solution, there would not have been more violent rebellions in 2019 after the Mongkok "riot" in 2016 and the heavy sentences handed down to protesters by the Court of Appeal in 2017.

If we do not want social unrest, we must get to the root of the problem and implement the "five demands" step by step, so as to achieve fundamental reforms and win back the hearts of the people. 2019's anti-revision movement is indeed a continuation of 2014's Umbrella Movement, and even though the court may think that both movements are caused by a "perverse wind", I must clarify that the core of both movements is the pursuit of democracy and universal suffrage, and the people being the masters of their own house. In the District Council election on 24 November 2019, which is the closest thing to universal suffrage, nearly 3 million people voted, and the democratic camp won a huge victory, winning majority in 17 District Councils. As canaries in the monetary coal mine, we have repeatedly reminded the government to withdraw the extradition bill and fundamentally reform the system, and the march in Kowloon on 20 October was certainly an opportunity to reflect public opinion. Now, by imposing heavy penalties on us, the court is only punishing public opinion, trapping the canaries in a birdcage, or even stifling them in the palm of their hands, suffocating the freedom of expression.

The importance of persistence

As a result of the crackdown after the mass movement, we lost Apple Daily, the Hong Kong Professional Teachers' Union, and the Civil Human Rights Front. Many of our democratic leaders and comrades who had contributed to the movement were imprisoned, and many of our friends who had been passionately involved in the movement had been forced to lay low under the threat of the National Security Law. I still believe that the faith of Hong Kong people and the glory of humanity seen in 2019 will remain unchanged. I will never forget the millions of people who braved the rain and the heat to resist tyranny and evil laws, demonstrating our unity of purpose; I will never forget the crowds of people who gave way to ambulances, demonstrating our civility; I will never forget the young people who sacrificed their lives, demonstrating our courage and bravery; I will never forget the silver-haired who took to the streets to protect the youth, demonstrating our care for each other; I will never forget the "five demands" and the 2019 District Council election, demonstrating our rationality and decency.

Your Honour, I have nothing to be ashamed of and no remorse for what I did on that day. It is my great honour to be in prison with my comrades and to be able to walk with the public after my release. If the rule of law were to lose its democratic foundation, the courts would have no choice but to accept the legal restrictions set by the autocratic regime and become a political tool to eliminate dissent at any time. As Lord Hoffmann, a non-permanent overseas judge of the Court of Final Appeal, said, civil disobedience from the conscience has a long and honourable tradition, and history will prove us right. I hope that my comrades in arms who walked with me in protests will keep their faith and live in love and truth in the midst of this difficult time.

Finally, as I did nine years ago, I would like to say something to those who oppose us, borrowing the words of American civil rights leader Reverend Martin Luther King: "We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you."

Peace be with me and my family, with Your Honour, and with the people of Hong Kong. There are no thugs, only tyranny; five demands, not one less! To god be the glory and to people be the glory!

The Fifth Defendant
Wong Ho Ming
19 August 2021

Tags: civil and political rights

黃浩銘 Raphael Wong

About author

個人帳戶（如有訊息請發送至這個）： https://www.facebook.com/raphaelpyc

civil and political rights 在 CUP 媒體 Facebook 的最佳貼文

By CUP 媒體

2021-08-13 18:00:26 有 30 人按讚

“Earth provides enough to satisfy every man’s needs, but not every man’s greed.”

—— Mahatma Gandhi, Indian political and civil rights leader

地球能滿足人類的需求，卻滿足不了人類的貪婪。

—— 甘地（印度政治及民運領袖）

（圖片來源：路透社）

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Tags: civil and political rights

CUP 媒體

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陶傑主理的 *CUP 媒體。精選十條新聞，在這個紛亂的世界，大漩渦的周邊，與你淸醒同行。

civil and political rights 在 Kento Bento Youtube 的最讚貼文

By Kento Bento

2017-03-16 08:01:14 有 11,909,722 人看過有 209,977 人喜歡

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Other videos you may like:
These Events Will Happen in Asia in 2020: https://youtu.be/qrataK7FxRA
How Would You Take Down North Korea? (The 7 Choices) https://youtu.be/VM_fzaWAybw
How North Korea Held the Greatest Pro Wrestling Event in History: https://youtu.be/U_ZkqfSpbg4
The $1,000,000,000 North Korean Bank Heist: https://youtu.be/Usu9z0feHug
How Macau Became North Korea's Base of Operations: https://youtu.be/BQ5x8riJ6SA
How This Lake in Northwest Asia Got Deadlier Than Chernobyl: https://youtu.be/SQCfOjhguO0

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[HOW WOULD YOU ESCAPE NORTH KOREA? (THE 7 CHOICES)]

If you were living in North Korea right now - trying to survive on a diet of rats, grass, soil and tree bark, quenching your thirst by drinking out of mud puddles in the ground - what would you do?

There's also the conceivable chance of being sent to a political prison camp for years on end just because you innocently thought out loud one day to a bunch of friends (North Korean propaganda is strong), where you are then beaten, tortured, and left so hungry that you are forced to dig and consume the grains out of faeces, or the maggots from dead bodies just so you have the energy to perhaps last one more day.

You'd probably wanna escape. But how?

The North Korean government in Pyongyang refuses to let its citizens leave, a clear violation of the International Covenant on Civil and Political Rights, viewing North Korean defectors as traitorous criminals. Captured North Koreans would be subject to unimaginable torture and often public executions.

If they are successful in their escape, then three to four generations of their family back home would be sent to North Korean prison camps to rot ....or worse. This is a strong deterrent.

But this still doesn't stop desperate North Koreans from tempting fate. In this video, I'll go over the seven ways to escape the DPRK, including the most dangerous, the most unforgiving, the most unique, and the most unexpected.

The North Korean border on the south side (ie. South Korean border / Korean DMZ) is the shortest distance to travel for safety and stability but as a result, the regime makes it dangerously hard. A North Korean escapee can be shot down by North Korean soldiers (border guards) or step on the many landmines in the area.

The northern border to China has it's own set of challenges. Most North Korean refugees escape through this way, usually crossing the Tumen River border (like the famous North Korean defector Hyeonseo Lee). Once in China, the nightmare doesn't end there.

There are also other, more unconventional ways you can try to escape such as through North Korean labor camps.

Even if you make it to safety and resettle in a stable country, the North Korean regime will still try to hunt you down, so you're never truly safe. Especially if you're an outspoken critic or a threat to Kim Jong-un's power - just ask his half brother, Kim Jong-nam.

Sources:
https://web.archive.org/web/20070303203248/http://www.hrnk.org/refugeesReport06.pdf
http://bushcenter.imgix.net/legacy/gwb_north_korea_executive_summary_r4.pdf
https://www.nytimes.com/2015/06/16/world/asia/north-korean-soldier-braves-dmz-to-defect-to-south.html
http://www.telegraph.co.uk/news/worldnews/asia/northkorea/11033003/North-Korean-pair-swim-across-sea-border-to-defect-to-South-Korea.html
http://time.com/4205785/london-new-malden-north-korean-refugees/

Kento Bento

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Animated documentary-style videos on extraordinary Asian events.

civil and political rights 在 memehongkong Youtube 的最佳貼文

By memehongkong

2014-03-21 19:37:18 有 7,994 人看過有 92 人喜歡

國際憲法專家定了一些guiding principles。如果香港要達成普選，怎樣才合乎國際標準。我們要提醒大家，甚麼人是承諾了會支持這個國際標準。佔中三子由第一天開始已經話會服從這個國際標準，還有民主黨誓言會服從國際標準。那我講講這個國際標準給大家聽。我只會講其中兩點。第二點，提名委員會是要用基本法45條組成，should reflect the will of the people ，這要有香港的民意在當中。

and the equal representation of the people of Hong Kong 即是要用平等的方法選舉出來，現在那些界別，有些人的票票值高很多，但有些人的票就不值得。好像漁農處又佔了一大部分，政協又自動成為選舉委員會，這些東西不能存在。Equal representation of the people of Hong Kong，其他也不用講，光是這一點，十九方案中，可以符合的只有2個方案，就是學民思潮方案和人力方案。其他全部不合國際標準。我們看看他們之後會怎麼做，所以應該只得這2個方案可以投票。那大家是支持學民思潮方案還是人力的方案。而真普聯那個方案都不符合，因為不能夠再竄改方案，沒有規定提名委員會是equal representation。雖然其他都得，但提名委員會根據這原則是不可以的。還有這認為應該要有公民提名，should include civil nominations through the Nomination Committee or process of public consultation.提名委員會是要接受公民提名或者公民諮詢。

最後那段，根據國際人權標準，整個普選要based on equality 即要平等，這可能不是徹底平等，但基本是要平等。像現在選舉委員會的東西是不能存在，non-discrimination,是不能排擠任何人，不能排擠愛國愛港的人，inclusion, 是所有人都包括在內，participation, 是准人參與，如果不是，就不是一個meaningful exercise of the rights to participate in the political process。整件事就是這樣。哪些人話支持國際標準，但又會不支持。

謎米香港 www.memehk.com
Facebook: www.facebook.com/memehkdotcom

memehongkong

About author

謎米：思想及行為的傳遞《謎米香港》是一個綜合性網上平台；透過時事、娛樂及生活等不同領域的節目，承傳令人類進步的價值觀。

civil and political rights 在 Indrani Kopal Youtube 的最讚貼文

By Indrani Kopal

2009-03-19 19:14:28 有 1,374 人看過有 4 人喜歡

Hindraf emerges from the shadows

THE ISSUE: The Hindu Rights Action Force (Hindraf) was relatively unknown until it provided Indian Malaysians the opportunity to vent feelings pent up over 150 years. The grouping is led by lawyers and brothers P Uthayakumar and Waythamoorthy, who have taken up issues that have plagued the grassroots of a downtrodden community.

From alleged police brutality and deaths in custody, they duo have zeroed in on marginalisation and discrimination of Indians. In defence of the right to religion, they have also been calling attention to the demolition of Hindu temples nationwide.

The first sign of Hindrafs growing base of support was when it gathered some 2,000 Indians at Putrajaya to hand over a memorandum detailing the communitys problems. It did not even get the courtesy of a response.

Waythamoorthy then gave the campaign an instantly international image by suing the British government for RM14 trillion - on grounds that colonialists had brought Indians to Malaya as indentured labourers and later failed to factor in their interests when the Federal Constitution was being formulated.

The brothers, along with other Indian lawyers, began a nationwide roadshow to explain the suit and publicise Hindrafs intention to petition the British Queen to support the suit by appointing a Queens Counsel to represent Indian Malaysians.

On Oct 29, about a week before Deepavali, a century-old temple in Kampung Rimba Jaya in Padang Jawa, Selangor, was destroyed as part of a wider operation by the Shah Alam Municipal Council to clear a squatter settlement which included a surau.

This proved to be the proverbial straw - it even produced a rare sighting of MIC president S Samy Vellu, as Hindraf lawyers pitched into the chaos that ensued.

It was a short hop from that incident to the Nov 25 mass rally at Kuala Lumpur, which saw some 30,000 Indians backing a bid by Hindraf leaders to submit a petition to the British High Commission.

The police response was a crackdown on protesters, followed by charges of attempted murder (since dropped), illegal assembly and causing mischief. Five Hindraf leaders have been detained for two years under the Internal Security Act.

The communitys cause has resonated with individuals, civil society groups and political parties, even if some have distanced themselves from certain Hindraf claims.

Prime Minister Abdullah Ahmad Badawi has been pressured into meeting with Indian-based NGOs to hear the communitys long list of grouses.

Indrani Kopal

About author

Malaysian, very brown (very), like Kamalaa Das, I speak three languages, write in two, and dream in one. But I'm not a poet though, Im a documentary filmmaker. https://vimeo.com/indranikopal

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