Chapter 4. National Defense Policy Implementation
/Section 4. Safeguard Military Human Rights
Facing shifting social environment and trends, as well as public opinions and concerns on human rights in the military, the MND has amended the Act of Punishment of the Armed Forces, reformed the use of confinement as a punishment, and revised its complaint and appeal systems accordingly. Education programs on military laws and justice are also adopted to strengthen service members' recognition and awareness toward the concept of administration by law.
I. Promote Human Rights Reforms
( I ) The ROC Armed Forces have been improving various reforms regarding human rights protection systems, such as revising military laws, reforming the confinement system, as well as realizing appeal systems. Improvements have been made to software and hardware of repentance facilities in the armed forces, and 9 of them are operational. Categories and procedures of penalty stipulated in the Act of Punishment of the Armed Forces have been revised. Disgruntled service members to verdicts or penalties may appeal through military hierarchy. Furthermore, one who is receiving forcible repentance education may raise objections, and the case will be dealt with the Habeas Corpus Act by the Court.
( II ) According to the newly added definition for physical abuse in the Criminal Code of the Armed Forces, the MND has reviewed 1,371 military training doctrines and 68 physical courses of high risks, and stipulated the Enforcement Doctrine for ROC Armed Forces Education, Training, Service, and Combat Operations, which came into force on 20 January 2015.
II. Carry out Human Rights Education
Past military justice education was centered on deterring service members from committing a crime. Now, we have combined current military justice education and legal system workshops into an educational session for rule of law, with topics ranging from the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, protection of service members' rights and interests, to administration by law, so as to allow men and women in uniform to recognize that protection of human rights is inalienable to all our administrative actions. In addition to strengthen the concept of administration by law for cadre members, we have been providing cadre members at every level with training focused on international human rights conventions, defense laws, administration laws, and legal case studies, so as to promote the concept of human rights protection.
III. Strengthen the Concept of Administration by Law
After reform to the military judicial system, judge advocates with legal expertise are assigned positions at the Secretariat's Office of Military Personnel Rights Protection Association in various service branches with the aim of applying their legal professionalism to examining legal compliance and administrative works of all units of the ROC Armed Forces so as to safeguard human rights in the military.
