The Human Right-based Analysis of Issues Arising from the Fourth Phase of Central Taiwan Science Park Development Project in Er-lin Township in the Perspective of Human Right to Water
Date Issued
2012
Date
2012
Author(s)
Chao, Hsiang
Abstract
Regarding the scarcity of water has being adversely affected by climate change and the water quality for personal and domestic use has drawn the attention of international society and all over the world, U.N. Economic and Social Commission (ECOSOC) pronounced General Comment No.15 in 2002 which explicitly recognizes the human right to water and interprets it to be an independent human right and its relation of other related main human rights which can be attained by the further realization of right to water, including the right to life, the right to health and adequate living. The General Comment also clearly stipulates and specifies the State’s progressive obligations concerning with the management of water resource which are obligations to respect, protect and fulfill, mainly to ensure the safe and adequate water uses and non-discrimination to the disadvantaged communities in a State or area. In March 2009, there were two significant international Covenants in light of human rights passed by Legislative Yuan, namely International Covenant of Civil and Political Rights and International Covenant of Economic, Social and Cultural Rights. The latter is also explained by the General Comment of ECOSOC with General Comment. Thus, General Comment No. 15 is formally binding in our existing and future domestic law system and other administrative measures. Furthermore, according to the Act to implement the two Covenants, our government should finish the revision and modifying work of the laws and regulations which contradict with these two Human Right Covenants within a certain period. In August 2008, the National Science Council decided the final result of site of the Central Taiwan Science Park Development Project and subsequently the project was approved by Executive Yuan . Later, the so-called Fourth Phase of Central Taiwan Science Park Development Project located in Erlin Township induced many conflicting issues from the water pollution of high-tech industries and procedural justice of environmental impacts analysis procedure to water allocation problems between agricultural and industry sector in Taiwan. Besides, the Development Project have also drawn the attention of influenced local farmers and other social groups, especially with the concerns of environmental groups in Taiwan. And these also make me noted that the case is closely related to the human right to water and other Covenant rights’ local protection and fulfillment under the adverse effects of major industry development and investment project in Taiwan. Actually, the primary purpose of this research here is to identify and analyze the status quo of our citizen’s political participation degree in their rural water resource affairs, the justification and legitimacy of the water allocation and, more importantly, the local realization of human right to water and other related human and social rights. Furthermore, the human right approach adopted in this thesis provides the more macro sight of view to the human right to water issue in Taiwan and moreover the legally and factually binding principles and international human right attitude which can be applied to the major industry exploitation and development project in the future. Finally, the thesis also put efforts on making some of useful and enforceable measures and policy suggestions to successfully resolve the water issues and involving human right problems when the government and bureaus concerned in Taiwan always put the economic development at the first place regardless of other social and cultural effects insofar.
Subjects
human right to water
the Fourth Phase of Central Taiwan Science Park
General Comment No.15
climate change justice
human right approach
Type
thesis
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