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Tainan Prefecture

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Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution , legislation , or judicial interpretation , without due process . Though the scope of the term differs between countries, civil liberties may include the freedom of conscience , freedom of press , freedom of religion , freedom of expression , freedom of assembly , the right to security and liberty , freedom of speech , the right to privacy , the right to equal treatment under the law and due process, the right to a fair trial , and the right to life . Other civil liberties include the right to own property , the right to defend oneself , and the right to bodily integrity . Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty / positive rights and negative liberty / negative rights .

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121-511: Tainan Prefecture ( 臺南州/台南州 , Tainan-shū ) was one of the administrative divisions of Taiwan during the Japanese rule . The prefecture consisted of modern-day Tainan City , Chiayi City , Chiayi County , and Yunlin County . In 1945 ( Shōwa 20), there were 2 cities and 10 districts. The districts are divided into towns (街) and villages (庄) Taiwan Taiwan , officially

242-506: A province . Taipei became the permanent capital in 1893. Liu's efforts to increase revenues on Taiwan's produce were hampered by foreign pressure not to increase levies. A land reform was implemented, increasing revenue which still fell short of expectation. Modern technologies such as electric lighting, a railway, telegraph lines, steamship service, and industrial machinery were introduced under Liu's governance, but several of these projects had mixed results. A campaign to formally subjugate

363-667: A Japanese expedition was sent to survey Taiwan. After being attacked by the Indigenous people, they took some prisoners and returned home. In 1616, a Japanese fleet of 13 ships were sent to Taiwan. Due to a storm, only one ship made it there and is presumed to have returned to Japan. In 1624, the Dutch East India Company (VOC) established Fort Zeelandia on the coastal islet of Tayouan (in modern Tainan ). The lowland areas were occupied by 11 Indigenous chiefdoms , some of which fell under Dutch control, including

484-492: A Republic, and to distribute land equally among the people." Revolutionary leader Sun Yat-sen proposed the name Chunghwa Minkuo as the assumed name of the new country when the revolution succeeded. During the 1950s and 1960s, after the ROC government had withdrawn to Taiwan, it was commonly referred to as "Nationalist China" (or " Free China ") to differentiate it from "communist China" (or " Red China "). Over subsequent decades,

605-526: A democracy. Chiang Ching-kuo , Chiang Kai-shek's son, served as premier from 1972 and rose to the presidency in 1978. He sought to move more authority to " bensheng ren " (residents of Taiwan before Japan's surrender and their descendants). Pro-democracy activists Tangwai emerged as the opposition. In 1979, the Kaohsiung Incident took place in Kaohsiung on Human Rights Day . Although

726-650: A good proportion of islanders and re-privatizing businesses. After the end of World War II, the Chinese Civil War resumed. A series of Chinese Communist offensives in 1949 led to the capture of its capital Nanjing on 23 April and the subsequent defeat of the Nationalists on the mainland. The Communists founded the People's Republic of China on 1 October. On 7 December 1949, Chiang Kai-Shek evacuated his Nationalist government to Taiwan and made Taipei

847-461: A meagre influence in the practice of the rule of law as well as in people's daily lives. So, the short and deliberately gradual history of struggles for personal rights and protection against government/society's impositions has yet to transform Japan into a champion of universal and individual freedom. According to constitutional scholar, Shigenori Matsui , People tend to view the Bill of Rights as

968-634: A member of the United Nations after UN members voted in 1971 to recognize the PRC instead. The ROC maintained its claim of being the sole legitimate representative of China and its territory until 1991, when it ceased to regard the Chinese Communist Party as a rebellious group and acknowledged its control over mainland China. Taiwan is claimed by the PRC, which refuses to establish diplomatic relations with countries that recognise

1089-489: A moral imperative and not as a judicial norm. The people also tend to rely upon bureaucrats to remedy social problems, including even human rights violations, rather than the court. Despite the divergences between Japan's social culture and the Liberal Constitutionalism that it purports to have adopted, the country has moved toward closing the gap between the notion and the practice of the law. The trend

1210-951: A name for the island, or the part of it closest to Penghu . Elsewhere, the name was used for the Ryukyu Islands in general or Okinawa specifically; the name Ryūkyū is the Japanese form of Liúqiú . The name also appears in the Book of Sui (636) and other early works, but scholars cannot agree on whether these references are to the Ryukyus, Taiwan or even Luzon . The name Formosa ( 福爾摩沙 ) dates from 1542, when Portuguese sailors noted it on their maps as Ilha Formosa ( Portuguese for " beautiful island "). The name Formosa eventually "replaced all others in European literature" and remained in common use among English speakers into

1331-424: A non-state basis. Domestically, the major political contention is between parties favoring eventual Chinese unification and promoting a pan-Chinese identity, contrasted with those aspiring to formal international recognition and promoting a Taiwanese identity ; in the 21st century, both sides have moderated their positions to broaden their appeal. In his Daoyi Zhilüe (1349), Wang Dayuan used " Liuqiu " as

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1452-522: A rebellion" (三年一反、五年一亂), primarily in reference to the period between 1820 and 1850. Many officials stationed in Taiwan called for an active colonization policy over the 19th century. In 1788, Taiwan Prefect Yang Tingli supported the efforts of a settler named Wu Sha to claim land held by the Kavalan people . In 1797, Wu Sha was able to recruit settlers with financial support from the local government but

1573-593: A surplus of $ 46.5 million. Along with Hong Kong, Singapore, and South Korea, Taiwan became known as one of the Four Asian Tigers . Because of the Cold War, most Western nations and the United Nations regarded the ROC as the sole legitimate government of China until the 1970s. Eventually, especially after Taiwan's expulsion from the United Nations , most nations switched diplomatic recognition to

1694-512: A two-year grace period, which few saw as feasible. Estimates say around 4,000 to 6,000 departed before the expiration of the grace period, and 200,000 to 300,000 followed during the subsequent disorder. On 25 May 1895, a group of pro-Qing high officials proclaimed the Republic of Formosa to resist impending Japanese rule. Japanese forces entered the capital at Tainan and quelled this resistance on 21 October 1895. About 6,000 inhabitants died in

1815-701: A variety of legal means, including signing and ratifying or otherwise giving effect to key conventions such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights . The existence of some claimed civil liberties is a matter of dispute, as are the extent of most civil rights . Controversial examples include property rights , reproductive rights , and civil marriage . In authoritarian regimes in which government censorship impedes on perceived civil liberties, some civil liberty advocates argue for

1936-457: A weak freedom of the press , the treatment of children, minorities, foreigners, and women, its punitive criminal justice system, and more recently, the systematic bias against LGBT people. The first Japanese attempt to a bill of rights was in the 19th century Meiji constitution (1890), which took both the Prussian (1850) and British constitutions as basic models. However, it had but

2057-562: Is a signatory to the UN Refugee Convention (1951), successive governments have demonstrated an increasing tightening of borders; particularly against those who seek passage via small water vessels. The Abbott Government (2013) like its predecessors (the Gillard and Howard Governments) has encountered particular difficulty curbing asylum seekers via sea, increasingly identified as "illegal immigration". The recent involvement of

2178-510: Is among the most densely populated countries . Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the island around 6,000 years ago. In the 17th century, large-scale Han Chinese immigration began under a Dutch colony and continued under the Kingdom of Tungning , the first predominantly Han Chinese state in Taiwanese history . The island

2299-521: Is gradual," has a constitution with a seemingly strong bill of rights at its core ( Chapter III. Rights and Duties of the People ). In many ways, it resembles the U.S. Constitution prior to the Civil Rights Act of 1964 , and that is because it came into life during the Allied occupation of Japan . This constitution may have felt like a foreign imposition to the governing elites, but not to

2420-649: Is more evident in the long term. Among several examples, the Diet (bicameral legislature) ratified the International Bill of Human Rights in 1979 and then it passed the Law for Equal Opportunity in Employment for Men and Women in 1985, measures that were heralded as major steps toward a democratic and participatory society. In 2015, moreover, it reached an agreement with Korea to compensate for abuses related to

2541-471: Is often dated back to Magna Carta , an English legal charter agreed in 1215 which in turn was based on pre-existing documents, namely the Charter of Liberties . The Constitution of the People's Republic of China (which applies only to mainland China , not to Hong Kong , Macau , and Taiwan ) especially its Fundamental Rights and Duties of Citizens, claims to protect many civil liberties. Taiwan, which

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2662-602: Is separated from mainland China, has its own Constitution. Although the 1982 constitution guarantees civil liberties, the Chinese government usually uses the " subversion of state power " and "protection of state secrets " clauses in their law system to imprison those who criticize the Chinese Communist Party (CCP) and the state leaders . The Fundamental Rights – embodied in Part III of

2783-417: Is the 21st-largest in the world by nominal GDP and the 20th-largest by PPP measures, with a focus on steel, machinery, electronics, and chemicals manufacturing. Taiwan is a developed country . It is ranked highly in terms of civil liberties , healthcare , and human development . The political status of Taiwan is contentious. Despite being a founding member, the ROC no longer represents China as

2904-514: Is the "Republic of China". Shortly after the ROC's establishment in 1912, while it was still located on the Chinese mainland, the government used the short form "China" ( Zhōngguó , 中國 ) to refer to itself, derived from zhōng ("central" or "middle") and guó ("state, nation-state"). The term developed under the Zhou dynasty in reference to its royal demesne , and was then applied to

3025-574: The Burakumin ), Ainu people (indigenous people in Japan), foreign nationals, HIV/AIDS carriers , Hansen's disease patients, persons released from prison after serving their sentence, crime victims , people whose human rights are violated using the Internet , the homeless, individuals with gender identity disorders , and women . Also, the government lists systematic problems with gender biases and

3146-694: The Canadian Charter of Rights and Freedoms which guarantees many of the same rights as the U.S. constitution. The Charter omits any mention of, or protection for, property. The Constitution of Mexico was ratified on February 5, 1917. Similar to the U.S. Constitution, the United Mexican States provides all citizens the right to freedom of expression, but this right is not absolute (for example, child pornography , death threats , and defamation are exceptions to freedom of speech, and offenders can be subject to penalties). However, unlike

3267-803: The Federal Constitutional Court of Germany ("Bundesverfassungsgericht") if they feel their civil rights are being violated. This procedure has shaped German law considerably over the years. Civil liberties in the United Kingdom date back to Magna Carta in 1215 and 17th century common law and statute law , such as the 1628 Petition of Right , the Habeas Corpus Act 1679 and the Bill of Rights 1689 . Parts of these laws remain in statute today and are supplemented by other legislation and conventions that collectively form

3388-485: The Formosa Air Battle was fought between American carriers and Japanese forces in Taiwan. Over 200,000 of Taiwanese served in the Japanese military , with over 30,000 casualties. Over 2,000 women, euphemistically called " comfort women ", were forced into sexual slavery for Imperial Japanese troops. After Japan's surrender , most Japanese residents were expelled . While Taiwan was under Japanese rule,

3509-528: The Kingdom of Middag . When the Dutch arrived, southwestern Taiwan was already frequented by a mostly transient Chinese population numbering close to 1,500. The VOC encouraged Chinese farmers to immigrate and work the lands under Dutch control and by the 1660s, some 30,000 to 50,000 Chinese were living on the island. Most of the farmers cultivated rice for local consumption and sugar for export while some immigrants engaged in deer hunting for export. In 1626,

3630-486: The Philippines were launched from Taiwan. The Imperial Japanese Navy operated heavily from Taiwanese ports, and its think tank " South Strike Group " was based at Taihoku Imperial University . Military bases and industrial centers, such as Kaohsiung and Keelung , became targets of heavy Allied bombings , which destroyed many of the factories, dams, and transport facilities built by the Japanese. In October 1944,

3751-583: The Plains Indigenous peoples rarely rebelled against the government and the mountain Indigenous peoples were left to their own devices until the last 20 years of Qing rule. Most of the more than 100 rebellions during the Qing period, such as the Lin Shuangwen rebellion , were caused by Han settlers. Their frequency was evoked by the common saying "every three years an uprising, every five years

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3872-549: The Privileges or Immunities Clause , Due Process Clause , and Equal Protection Clause . Human rights within the United States are often called civil rights , which are those rights, privileges and immunities held by all people, in distinction to political rights, which are the rights that inhere to those who are entitled to participate in elections, as candidates or voters. Before universal suffrage, this distinction

3993-583: The Republic of China ( ROC ), is a country in East Asia . The main island of Taiwan , also known as Formosa , lies between the East and South China Seas in the northwestern Pacific Ocean , with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. It has an area of 35,808 square kilometres (13,826 square miles), with mountain ranges dominating

4114-671: The Republic of China was founded on mainland China on 1 January 1912 following the Xinhai Revolution of 1911. Central authority waxed and waned in response to warlordism (1915–28), Japanese invasion (1937–45), and the Chinese Civil War (1927–49), with central authority strongest during the Nanjing decade (1927–37), when most of China came under the control of the Kuomintang (KMT). During World War II ,

4235-623: The Ryukyu Islands 30,000 years ago. Slash-and-burn agriculture practices started at least 11,000 years ago. Stone tools of the Changbin culture have been found in Taitung and Eluanbi . Archaeological remains suggest they were initially hunter-gatherers that slowly shifted to intensive fishing. The distinct Wangxing culture , found in Miaoli County , were initially gatherers who shifted to hunting. Around 6,000 years ago, Taiwan

4356-589: The Spanish Empire occupied northern Taiwan as a trading base, first at Keelung and in 1628 building Fort Santo Domingo at Tamsui . This colony lasted until 1642, when the last Spanish fortress fell to Dutch forces. The Dutch then marched south, subduing hundreds of villages in the western plains. Following the fall of the Ming dynasty in Beijing in 1644, Koxinga (Zheng Chenggong) pledged allegiance to

4477-537: The Taiwan Area , and Taiwan underwent a process of localization in which Taiwanese culture and history were promoted over a pan-China viewpoint while assimilationist policies were replaced with support for multiculturalism . In 1996, Lee was re-elected in the first direct presidential election . During Lee's administration, both he and his party were involved in corruption controversies that came to be known as " black gold " politics. Chen Shui-bian of

4598-644: The Velvet Revolution , a constitutional overhaul took place in Czechoslovakia . In 1991, the Charter of Fundamental Rights and Basic Freedoms was adopted, having the same legal standing as the Constitution . The Czech Republic has kept the Charter in its entirety following the dissolution of Czechoslovakia as Act No. 2/1993 Coll. (Constitution being No. 1). France's 1789 Declaration of

4719-475: The White Terror , as the period is known, 140,000 people were imprisoned or executed for being perceived as anti-KMT or pro-Communist. Many citizens were arrested, tortured, imprisoned or executed for their real or perceived link to the Chinese Communist Party. Since these people were mainly from the intellectual and social elite, an entire generation of political and social leaders was destroyed. Following

4840-554: The Yongli Emperor and attacked the Qing dynasty along the southeastern coast of China. In 1661, under increasing Qing pressure, he moved his forces from his base in Xiamen to Taiwan, expelling the Dutch the following year. The Dutch retook the northern fortress at Keelung in 1664, but left the island in 1668 in the face of indigenous resistance. The Zheng regime, known as the Kingdom of Tungning , proclaimed its loyalty to

4961-477: The Zhu Yigui settler rebellion in 1722, separation of aboriginals and settlers became official policy via 54 stelae used to mark the frontier boundary. The markings were changed four times over the latter half of the 18th century due to continued settler encroachment. Two aboriginal affairs sub-prefects, one for the north and one for the south, were appointed in 1766. During the 200 years of Qing rule in Taiwan,

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5082-451: The temporary capital of the ROC. Some 2 million people, mainly soldiers, members of the ruling Kuomintang and intellectual and business elites, were evacuated to Taiwan, adding to the earlier population of approximately six million. These people and their descendants became known in Taiwan as " waisheng ren " ( 外省人 ). The ROC government took to Taipei many national treasures and much of China's gold and foreign currency reserves. Most of

5203-461: The "erosion of civil liberties" by the then Labour government, and was re-elected on a civil liberties platform (although he was not opposed by candidates of other major parties). This was in reference to anti-terrorism laws and in particular the extension to pre-trial detention, that is perceived by many to be an infringement of habeas corpus established in Magna Carta. The Constitution of

5324-564: The 1943 Cairo Declaration specified that Formosa and the Pescadores be returned by Japan to the ROC; the terms were later repeated in the 1945 Potsdam Declaration that Japan agreed to carry out in its instrument of surrender . On 25 October 1945 , Japan surrendered Taiwan to the ROC, and in the Treaty of San Francisco , Japan formally renounced their claims to the islands, though without specifying to whom they were surrendered. In

5445-549: The 1950s and were defeated by Communists in 1961 . Since losing control of mainland China, the Kuomintang continued to claim sovereignty over 'all of China', which it defined to include mainland China (including Tibet), Taiwan (including Penghu), Outer Mongolia , and other minor territories . Martial law , declared on Taiwan in May 1949, continued to be in effect until 1987, and was used to suppress political opposition. During

5566-401: The 20th century. In 1603, a Chinese expedition fleet anchored at a place in Taiwan called Dayuan, a variant of "Taiwan". In the early 17th century, the Dutch East India Company established a commercial post at Fort Zeelandia (modern-day Anping ) on a coastal sandbar called "Tayouan", after their ethnonym for a nearby Taiwanese aboriginal tribe, possibly Taivoan people . This name

5687-503: The Abbott government's response has so far seen a reduction in the number of potential refugees undertaking the hazardous cross to Australia, which is argued by the government as an indicator of its policy success. The European Convention on Human Rights , to which almost all European countries belong (apart from Belarus ), enumerates a number of civil liberties and is of varying constitutional force in different European states. Following

5808-523: The Australian Navy in refugee rescue operations has many human rights groups such as Amnesty International concerned over the "militarisation" of the treatment of refugees and the issue of their human rights in Australia . The current "turn-back" policy is particularly divisive, as it involves placing refugees in government lifeboats and turning them towards Indonesia. Despite opposition however,

5929-480: The Constitution have allowed for implied rights such as freedom of political communication (which is construed broadly) and the right to vote to be established, however, others such as freedom of assembly and freedom of association are yet to be identified. Refugee issues Within the past decade, Australia has experienced increasing contention regarding its treatment of those seeking asylum. Although Australia

6050-767: The DPP was elected as the first non-KMT president in 2000 . However, Chen lacked legislative majority. The opposition KMT developed the Pan-Blue Coalition with other parties, mustering a slim majority over the DPP-led Pan-Green Coalition . Polarized politics emerged in Taiwan with the Pan-Blue preference for eventual Chinese unification , while the Pan-Green prefers Taiwanese independence . Chen's reference to " One Country on Each Side " of

6171-497: The Indigenous peoples ended with the loss of a third of the army after fierce resistance from the Mkgogan and Msbtunux peoples. Liu resigned in 1891 due to criticism of these costly projects. By the end of the Qing period, the western plains were fully developed as farmland with about 2.5 million Chinese settlers. The mountainous areas were still largely autonomous under the control of Indigenous peoples. Indigenous land loss under

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6292-844: The Legislative Yuan and prevented the ratification of the Cross-Strait Service Trade Agreement in what became known as the Sunflower Student Movement . The movement gave rise to youth-based third parties such as the New Power Party , and is viewed to have contributed to the DPP's victories in the 2016 presidential and legislative elections , the latter of which resulted in the first DPP legislative majority in Taiwanese history. In January 2024, William Lai Ching-te of

6413-415: The Musha Incident of 1930. Intellectuals and laborers who participated in left-wing movements were also arrested and massacred (e.g. Chiang Wei-shui and Masanosuke Watanabe ). Around 1935, the Japanese began an island-wide assimilation project . Chinese-language newspapers and curriculums were abolished. Taiwanese music and theater were outlawed. A national Shinto religion was promoted in parallel with

6534-440: The PRC under a policy of " mutual non-denial ". Under Ma, Taiwan and China opened up direct flights and cargo shipments. The PRC government even made the atypical decision to not demand that Taiwan be barred from the annual World Health Assembly . Ma also made an official apology for the White Terror. However, closer economic ties with China raised concerns about its political consequences. In 2014, university students occupied

6655-406: The PRC. Until the 1970s, the ROC government was regarded by Western critics as undemocratic for upholding martial law, severely repressing any political opposition, and controlling the media. The KMT did not allow the creation of new parties and competitive democratic elections did not exist. From the late 1970s to the 1990s, Taiwan underwent political and social reforms that transformed it into

6776-473: The Parliament and state legislatures. The imposition of a state of emergency may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The President can, by order, suspend the constitutional written remedies as well. Since 1947, Japan , a country with a constitutional monarchy and known for its socially "conservative society where change

6897-417: The Parliament cannot alter the basic structure of the constitution like secularism, democracy, federalism, and separation of powers. Often called the "Basic structure doctrine", this decision is widely regarded as an important part of Indian history. In the 1978 Maneka Gandhi v. Union of India case, the Supreme Court extended the doctrine's importance as superior to any parliamentary legislation. According to

7018-439: The Qing administration into acculturated aborigines who had adopted Han culture and non-acculturated aborigines who had not. The Qing did little to administer or subjugate them. When Taiwan was annexed, there were 46 aboriginal villages under its control, likely inherited from the Kingdom of Tungning. During the early Qianlong period there were 93 acculturated villages and 61 non-acculturated villages that paid taxes. In response to

7139-400: The Qing occurred at a relatively slow pace due to the absence of state-sponsored land deprivation for the majority of Qing rule. Following the Qing defeat in the First Sino-Japanese War (1894–1895), Taiwan, its associated islands, and the Penghu archipelago were ceded to Japan by the Treaty of Shimonoseki . Inhabitants wishing to remain Qing subjects had to move to mainland China within

7260-400: The ROC. Taiwan maintains official diplomatic relations with 11 out of 193 UN member states and the Holy See . Many others maintain unofficial diplomatic ties through representative offices and institutions that function as de facto embassies and consulates . International organizations in which the PRC participates either refuse to grant membership to Taiwan or allow it to participate on

7381-537: The Republic of China has become commonly known as "Taiwan", after the main island. To avoid confusion, the ROC government in Taiwan began to put "Taiwan" next to its official name in 2005. In ROC government publications, the name is written as "Republic of China (Taiwan)", "Republic of China/Taiwan", or sometimes "Taiwan (ROC)". "Taiwan Area" was defined to mean the island of Taiwan, Penghu, Kinmen, Matsu, and other territory under ROC's effective control, in contrast to "Mainland Area" which refers to ROC territory outside

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7502-415: The Rights of Man and of the Citizen listed many civil liberties and is of constitutional force. The German constitution , the "Grundgesetz" (lit. "Base Law"), starts with an elaborate listing of civil liberties and states in sec. 1 "The dignity of man is inviolable. To respect and protect it shall be the duty of all public authority." Following the " Austrian System ", the people have the right to appeal to

7623-587: The Russian Federation guarantees in theory many of the same rights and civil liberties as the U.S. except to bear arms , i.e.: freedom of speech, freedom of religion, freedom of association and assembly, freedom to choose language, to due process, to a fair trial, privacy, freedom to vote, right for education, etc. However, human rights groups like Amnesty International have warned that Vladimir Putin has seriously curtailed freedom of expression , freedom of assembly and freedom of association amidst growing authoritarianism . The Constitution of Canada includes

7744-484: The South China Sea . The ROC also briefly retained control of the entirety of Hainan , parts of Zhejiang ( Chekiang )—specifically the Dachen Islands and Yijiangshan Islands —and portions of Tibet , Qinghai , Xinjiang and Yunnan . The Communists captured Hainan in 1950, captured the Dachen Islands and Yijiangshan Islands during the First Taiwan Strait Crisis in 1955 and defeated the ROC revolts in Northwest China in 1958. ROC forces entered Burma and Thailand in

7865-400: The Taiwan Area and under Chinese Communist control. The Republic of China participates in most international forums and organizations under the name " Chinese Taipei " as a compromise with the People's Republic of China (PRC). For instance, it is the name under which it has participated in the Olympic Games as well as the APEC . "Taiwan authorities" is sometimes used by the PRC to refer to

7986-412: The Taiwan Strait undercut cross-Strait relations in 2002. He pushed for the first national referendum on cross-Strait relations, and called for an end to the National Unification Council . State-run companies began dropping "China" references in their names and including "Taiwan". In 2008, referendums asked whether Taiwan should join the UN. This act alienated moderate constituents who supported

8107-439: The U.S. Congress in 1968 enacted a law that essentially applies most of the protections of the Bill of Rights to tribal members, to be enforced mainly by tribal courts . The Civil Liberties Act of 1988 was signed into effect by President Ronald Reagan on August 10, 1988. The act was passed by Congress to issue a public apology for those of Japanese ancestry who lost their property and liberty due to discriminatory actions by

8228-543: The U.S. Department of State released a report stating that Japan's human right record is showing signs of improvement. Whilst Australia does not have an enshrined Bill of Rights or similar binding legal document, civil liberties are assumed as protected through a series of rules and conventions. Australia had primary involvement in and was a key signatory to the UN Universal Declaration on Human Rights (1948) The Constitution of Australia (1900) does offer very limited protection of rights: Certain High Court interpretations of

8349-406: The United States Government during the internment period . This act also provided many other benefits within various sectors of the government. Within the treasury it established a civil liberties public education fund. It directed the Attorney General to identify and locate each individual affected by this act and to pay them $ 20,000 from the civil liberties public education fund. It also established

8470-470: The United States and Canada, Mexico has stricter limits on citizenship. For example, only people born in Mexico may take roles in law enforcement, legislating, or enlist in the armed forces. It also states each person born in Mexico cannot be deprived of their citizenship status. The United States Constitution , especially its Bill of Rights , protects civil liberties. The passage of the Fourteenth Amendment further protected civil liberties by introducing

8591-430: The abolishment of untouchability and prohibited discrimination on the grounds of religion, race, caste, sex, or place of birth. They forbid human trafficking and unfree labour . They protect the cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and administer their own educational institutions. All people, irrespective of race, religion, caste or sex, have

8712-511: The adoption of this liberal constitution, often referred as the "Postwar Constitution" (戦後憲法, Sengo-Kenpō) or the "Peace Constitution" (平和憲法, Heiwa-Kenpō), the Japanese governing elites have struggled to usher in an inclusive, open and Pluralist society . Even after the end of World War II and the departure of the Allied government of occupation in 1952, Japan has been the target of international criticism for failing to admit to war crimes , institutional religious discrimination and maintaining

8833-575: The area around Luoyi (present-day Luoyang ) during the Eastern Zhou and later to China's Central Plain , before being used as an occasional synonym for the state during the Qing era. The name of the republic had stemmed from the party manifesto of the Tongmenghui in 1905, which says the four goals of the Chinese revolution was "to expel the Manchu rulers, to revive Chunghwa , to establish

8954-551: The capital. The Qing government generally tried to restrict migration to Taiwan throughout the duration of its administration because it believed that Taiwan could not sustain too large a population without leading to conflict. After the defeat of the Kingdom of Tungning, most of its population in Taiwan was sent back to the mainland, leaving the official population count at only 50,000, including 10,000 troops. Despite official restrictions, officials in Taiwan solicited settlers from

9075-520: The colonization of the area but were ignored. The Qing took on a more active colonization policy after 1874 when Japan invaded Indigenous territory in southern Taiwan and the Qing government was forced to pay an indemnity for them to leave. The administration of Taiwan was expanded with new prefectures, sub-prefectures, and counties. Mountain roads were constructed to make inner Taiwan more accessible. Restrictions on entering Taiwan were ended in 1875 and agencies for recruiting settlers were established on

9196-602: The constitution abolishes untouchability and prohibits begar . These provisions act as a check both on State actions and the actions of private individuals. Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of national interest. In the Kesavananda Bharati vs. State of Kerala case , the Supreme Court ruled that all provisions of the constitution, including Fundamental Rights can be amended. However,

9317-416: The constitution – guarantee liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and the right to constitutional remedies. These include individual rights common to most liberal democracies , incorporated in

9438-625: The development of textile, food, and other labor-intensive industries. As the Chinese Civil War continued, the government built up military fortifications throughout Taiwan. Veterans built the Central Cross-Island Highway through the Taroko Gorge in the 1950s. During the Second Taiwan Strait Crisis in 1958, Nike Hercules missiles were added to the formation of missile batteries throughout

9559-399: The eastern two-thirds and plains in the western third, where its highly urbanized population is concentrated. The combined territories under ROC control consist of 168 islands in total covering 36,193 square kilometres (13,974 square miles). The largest metropolitan area is formed by Taipei (the capital), New Taipei City , and Keelung . With around 23.9 million inhabitants, Taiwan

9680-977: The eruption of the Korean War , US President Harry S. Truman dispatched the United States Seventh Fleet into the Taiwan Strait to prevent hostilities between the ROC and the PRC. The United States also passed the Sino-American Mutual Defense Treaty and the Formosa Resolution of 1955 , granting substantial foreign aid to the KMT regime between 1951 and 1965. The US foreign aid stabilized prices in Taiwan by 1952. The KMT government instituted many laws and land reforms that it had never effectively enacted on mainland China. Economic development

9801-520: The expropriation of businesses into government-operated monopolies, and the hyperinflation of 1945–1949. The shooting of a civilian on 28 February 1947 triggered island-wide unrest, which was suppressed with military force in what is now called the February 28 Incident . Mainstream estimates of the number killed range from 18,000 to 30,000. Chen was later replaced by Wei Tao-ming , who made an effort to undo previous mismanagement by re-appointing

9922-486: The flight of the ROC central government to Taiwan in 1949. The effective jurisdiction of the ROC has since been limited to Taiwan, Penghu , and smaller islands. The early 1960s saw rapid economic growth and industrialization called the " Taiwan Miracle ". In the late 1980s and early 1990s, the ROC transitioned from a one-party state under martial law to a multi-party democracy , with democratically elected presidents beginning in 1996 . Taiwan's export-oriented economy

10043-401: The freedom of speech and expression are applicable only to the citizens of India (including non-resident Indian citizens). The right to equality in matters of public employment cannot be conferred to overseas citizens of India . Fundamental Rights primarily protect individuals from any arbitrary State actions, but some rights are enforceable against private individuals too. For instance,

10164-473: The fundamental law of the land and are enforceable in a court of law. Violations of these rights result in punishments as prescribed in the Indian Penal Code , subject to the discretion of the judiciary . These rights are neither absolute nor immune from constitutional amendments. They have been aimed at overturning the inequalities of pre-independence social practices. Specifically, they resulted in

10285-527: The gold was used to pay soldiers' salaries, with some used to issue the New Taiwan dollar , part of a price stabilization program to slow inflation in Taiwan. After losing control of mainland China in 1949, the ROC retained control of Taiwan and Penghu ( Taiwan, ROC ), parts of Fujian ( Fujian, ROC )—specifically Kinmen, Wuqiu (now part of Kinmen) and the Matsu Islands and two major islands in

10406-577: The government in Taiwan. Taiwan was joined to the Asian mainland in the Late Pleistocene , until sea levels rose about 10,000 years ago. Human remains and Paleolithic artifacts dated 20,000 to 30,000 years ago have been found. Study of the human remains suggested they were Australo-Papuan people similar to Negrito populations in the Philippines. Paleolithic Taiwanese likely settled

10527-430: The importance of safeguarding personal autonomy and limiting government authority. These contributions have played a significant role in shaping the discourse on civil liberties and the appropriate scope of government. Many contemporary nations have a constitution , a bill of rights , or similar constitutional documents that enumerate and seek to guarantee civil liberties. Other nations have enacted similar laws through

10648-566: The initial fighting and some 14,000 died in the first year of Japanese rule. Another 12,000 "bandit-rebels" were killed from 1898 to 1902. Subsequent rebellions against the Japanese (the Beipu uprising of 1907, the Tapani incident of 1915, and the Musha incident of 1930) were unsuccessful but demonstrated opposition to Japanese rule. The colonial period was instrumental to the industrialization of

10769-521: The island's most important trading center and served as its capital until 1887. Use of the current Chinese name ( 臺灣 / 台灣 ) became official as early as 1684 during the Qing dynasty with the establishment of Taiwan Prefecture centered in modern-day Tainan . Through its rapid development the entire Taiwanese mainland eventually became known as "Taiwan". The official name of the country in English

10890-434: The island, with its expansion of railways and other transport networks, the building of an extensive sanitation system, the establishment of a formal education system , and an end to the practice of headhunting . The resources of Taiwan were used to aid the development of Japan. The production of cash crops such as sugar greatly increased, and large areas were therefore diverted from the production of rice. By 1939, Taiwan

11011-483: The island. During the 1960s and 1970s, the ROC maintained an authoritarian, single-party government under the Kuomintang's Dang Guo system while its economy became industrialized and technology-oriented. This rapid economic growth, known as the Taiwan Miracle , occurred following a strategy of prioritizing agriculture, light industries, and heavy industries, in that order. Export-oriented industrialization

11132-614: The main island of Taiwan. After Chiang Ching-kuo's death in 1988, Lee Teng-hui became the first president of the ROC born in Taiwan. Lee's administration oversaw a period of democratization in which the Temporary Provisions against the Communist Rebellion were abolished and the Additional Articles of the Constitution were introduced. Congressional representation was allocated to only

11253-523: The mainland, but efforts to promote settlement ended soon after. In 1884, Keelung in northern Taiwan was occupied during the Sino-French War but the French forces failed to advance any further inland while their victory at Penghu in 1885 resulted in disease and retreat soon afterward as the war ended. Colonization efforts were renewed under Liu Mingchuan . In 1887, Taiwan's status was upgraded to

11374-612: The mainland, causing tens of thousands of annual arrivals by 1711. A permit system was officially recorded in 1712, but it likely existed as early as 1684; its restrictions included only allowing those to enter who had property on the mainland, family in Taiwan, and who were not accompanied by wives or children. Many of the male migrants married local Indigenous women. Over the 18th century, restrictions were relaxed. In 1732, families were allowed to move to Taiwan. By 1811, there were more than two million Han settlers in Taiwan, and profitable sugar and rice production industries provided exports to

11495-512: The mainland. In 1875, restrictions on entering Taiwan were repealed. Three counties nominally covered the entire western plains, but actual control was restricted to a smaller area. A government permit was required for settlers to go beyond the Dajia River . Qing administration expanded across the western plains area over the 18th century due to continued illegal crossings and settlement. The Taiwanese Indigenous peoples were categorized by

11616-516: The negative liberty aspect of civil liberties, emphasizing minimal government intervention in both personal and economic affairs. Influential advocates of this interpretation include John Stuart Mill , whose work On Liberty argues for the protection of individual freedoms from government encroachment, and Friedrich Hayek , whose The Road to Serfdom warns against the dangers of expanding state power. Ayn Rand's Atlas Shrugged and Ron Paul's The Revolution: A Manifesto further emphasize

11737-456: The ordinary people "who lacked faith in their discredited leaders and supported meaningful change." In the abstract, the constitution strives to secure fundamental individual liberties and rights, which are covered pointedly in articles 10 to 40. Most salient of the human dignity articles is article 25, section 1, which guarantees that all "people shall have the right to maintain the minimum standards of wholesome and cultured living." Despite

11858-600: The overthrown Ming, but ruled independently. However, Zheng Jing 's return to China to participate in the Revolt of the Three Feudatories paved the way for the Qing invasion and occupation of Taiwan in 1683. Following the defeat of Koxinga 's grandson by an armada led by Admiral Shi Lang in 1683, the Qing dynasty formally annexed Taiwan in May 1684, making it a prefecture of Fujian province while retaining its administrative seat (now Tainan) under Koxinga as

11979-530: The protest was rapidly crushed by the authorities, it is considered as the main event that united Taiwan's opposition. In 1984, Chiang Ching-kuo selected Lee Teng-hui as his vice-president. After the Democratic Progressive Party (DPP) was (illegally) founded as the first opposition party in Taiwan to counter the KMT in 1986, Chiang announced that he would allow the formation of new parties. On 15 July 1987, Chiang lifted martial law on

12100-797: The right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. In the public interest, anyone can initiate litigation in the court on their behalf. This is known as " public interest litigation ". High Court and Supreme Court judges can also act on their own on the basis of media reports. The Fundamental Rights emphasize equality by guaranteeing all citizens access to and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply to persons of any nationality, while others, such as

12221-551: The ruling Democratic Progressive Party won Taiwan's presidential elections . However, no party won a majority in the simultaneous Taiwan's legislative election for the first time since 2004, meaning 51 seats for the Democratic Progressive Party (DPP), 52 seats for the Kuomintang (KMT), and the Taiwan People's Party (TPP) secured eight seats. Civil liberties Libertarians advocate for

12342-466: The same year, Japan and the ROC signed a peace treaty . While initially enthusiastic about the return of Chinese administration and the Three Principles of the People , Formosans grew increasingly dissatisfied about being excluded from higher positions, the postponement of local elections even after the enactment of a constitution on the mainland, the smuggling of valuables off the island,

12463-586: The so-called " women of comfort " that took place during the Japanese occupation of the peninsula . However, human rights group, and families of the survivors condemned the agreement as patronizing and insulting. On its official site , the Japanese government has identified various human rights problems. Among these are child abuses (e.g., bullying , corporal punishment , child sexual abuse , child prostitution , and child pornography ), frequent neglect and ill-treatment of elderly persons and individuals with disabilities , Dowa claims (discrimination against

12584-490: The southern coast of Taiwan, mostly for seasonal fishing but also subsistence farming and trading, by the early 17th century. In 1603, Chen Di visited Taiwan on an anti- wokou expedition and recorded an account of the Taiwanese Indigenous people. In 1591, Japan sent envoys to deliver a letter requesting tribute relations with Taiwan. They found no leader to deliver the letter to and returned home. In 1609,

12705-411: The standard reference to sexual preferences for jobs and other functions in society. Human rights organizations, national and foreign, expand the list to include human rights violations that relate to government policies, as in the case of daiyo kangoku system (substitute prison) and the methods of interrogating crime suspects. The effort of these agencies and ordinary people seem to pay off. In 2016,

12826-431: The status quo, as well as those with cross-strait economic ties. It also created tension with the mainland and disagreements with the United States. Chen's administration was also dogged by public concerns over reduced economic growth, legislative gridlock, and corruption investigations . The KMT's nominee Ma Ying-jeou won the 2008 presidential election on a platform of increased economic growth and better ties with

12947-468: The suppression of traditional Taiwanese beliefs. Starting from 1940, families were also required to adopt Japanese surnames , although only 2% had done so by 1943. By 1938, 309,000 Japanese were residing in Taiwan. During the Second World War, the island was developed into a naval and air base while its agriculture, industry, and commerce suffered. Air attacks and the subsequent invasion of

13068-546: The transformation of Kaohsiung into a special municipality on par with Taipei. In the 1970s, Taiwan became the second fastest growing economy in Asia. Real growth in GDP averaged over 10 percent. In 1978, the combination of tax incentives and a cheap, well-trained labor force attracted investments of over $ 1.9 billion from overseas Chinese , the United States, and Japan. By 1980, foreign trade reached $ 39 billion per year and generated

13189-485: The uncodified Constitution of the United Kingdom . In addition, the United Kingdom is a signatory to the European Convention on Human Rights which covers both human rights and civil liberties. The Human Rights Act 1998 incorporates the great majority of Convention rights directly into UK law. In June 2008 the then Shadow Home Secretary David Davis resigned his parliamentary seat over what he described as

13310-517: The use of anonymity tools to allow for free speech, privacy, and anonymity. The degree to which societies acknowledge civil liberties is affected by the influence of terrorism and war. Whether the existence of victimless crimes infringes upon civil liberties is also a matter of dispute. Another matter of debate is the suspension or alteration of certain civil liberties in times of war or state of emergency , including whether and to what extent this should occur. The formal concept of civil liberties

13431-419: The verdict, no act of parliament can be considered a law if it violates the basic structure of the constitution. This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights. The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion is a check not only on the executive branch but also on

13552-486: Was annexed in 1683 by the Qing dynasty of China and ceded to the Empire of Japan in 1895. The Republic of China , which had overthrown the Qing in 1912 under the leadership of Sun Yat-sen , took control following the surrender of Japan in 1945. The immediate resumption of the Chinese Civil War resulted in the loss of the Chinese mainland to Communist forces , who established the People's Republic of China and

13673-563: Was achieved by tax rebate for exports, removal of import restriction, moving from multiple exchange rate to single exchange rate system, and depreciation of the New Taiwan dollar. Infrastructure projects such as the Sun Yat-sen Freeway , Taoyuan International Airport , Taichung Harbor , and Jinshan Nuclear Power Plant were launched, while the rise of steel, petrochemical, and shipbuilding industries in southern Taiwan saw

13794-421: Was also adopted into the Chinese vernacular as the name of the sandbar and nearby area (Tainan). The modern word "Taiwan" is derived from this usage, which is written in different transliterations ( 大員 , 大圓 , 大灣 , 臺員 , 臺圓 or 臺窩灣 ) in Chinese historical records. The area occupied by modern-day Tainan was the first permanent settlement by both European colonists and Chinese immigrants. The settlement grew to be

13915-569: Was attached to Jinjiang . The Yuan dynasty officially incorporated Penghu under the jurisdiction of Tong'an County in 1281. Penghu was evacuated in the 15th century by the Ming dynasty as part of their maritime ban , which lasted until the late 16th century. In 1349, Wang Dayuan provided the first written account of a visit to Taiwan. By the 1590s, a small number of Chinese from Fujian had started cultivating land in southwestern Taiwan. Some 1,500-2,000 Chinese lived or stayed temporarily on

14036-575: Was encouraged by American aid and programs such as the Joint Commission on Rural Reconstruction , which turned the agricultural sector into the basis for later growth. Under the combined stimulus of the land reform and the agricultural development programs, agricultural production increased at an average annual rate of 4 percent from 1952 to 1959. The government also implemented a policy of import substitution industrialization , attempting to produce imported goods domestically. The policy promoted

14157-566: Was important, since many people were ineligible to vote but still were considered to have the fundamental freedoms derived from the rights to life, liberty and the pursuit of happiness. This distinction is less important now that Americans enjoy near universal suffrage , and civil rights are now taken to include the political rights to vote and participate in elections, being furthermore classified with civil liberties in general as either positive rights or negative rights . Because Native American tribal governments retain sovereignty over tribal members,

14278-580: Was settled by farmers of the Dapenkeng culture , most likely from what is now southeast China. These cultures are the ancestors of modern Taiwanese Indigenous peoples and the originators of the Austronesian language family . Trade with the Philippines persisted from the early 2nd millennium BCE, including the use of Taiwanese jade in the Philippine jade culture . The Dapenkeng culture

14399-716: Was succeeded by a variety of cultures throughout the island, including the Tahu and Yingpu ; the Yuanshan were characterized by rice harvesting. Iron appeared in such cultures as the Niaosung culture , influenced by trade with China and Maritime Southeast Asia . The Plains Indigenous peoples mainly lived in permanent walled villages, with a lifestyle based on agriculture , fishing , and hunting . They had traditionally matriarchal societies . The Penghu Islands were inhabited by Han Chinese fishermen by 1171, and in 1225 Penghu

14520-416: Was the seventh-greatest sugar producer in the world. The Han and Indigenous populations were classified as second- and third-class citizens, and many prestigious government and business positions were closed to them. After suppressing Han guerrillas in the first decade of their rule, Japanese authorities engaged in bloody campaigns against the Indigenous people residing in mountainous regions, culminating in

14641-405: Was unable to officially register the land. In the early 1800s, local officials convinced the emperor to officially incorporate the area by playing up the issue of piracy if the land was left alone. In 1814, some settlers attempted to colonize central Taiwan by fabricating rights to lease aboriginal land. They were evicted by government troops two years later. Local officials continued to advocate for

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