[English Introduction of Manchoukuo Laws] Human Rights Protection Act
The English translation of Human Rights Protection Act was published on the December 2019 Issue of Kingly Way Monthly. The link is here:
Human Rights Protection Act
№2 Order-in-Council
9 March 1932
Amended, №12 Order-in-Council
1 March 1934
The Emperor, who rules the Empire of Manchuria, except during wartime or extraordinary incidents, shall protect the freedom and rights of the people, and set up their obligations, in accordance with the provisions of this law. (Amended in 1934 №12 Order-in-Council)
Article 1 The people of Manchuria must not be violated on their physical freedom. The limits based on the public power are determined by law.
Article 2 The people of Manchuria must not be violated on their property rights. The necessary limits based on public good are determined by law.
Article 3 The people of Manchuria, regardless of their race or religion, enjoy equal protection from the state.
Article 4 The people of Manchuria have the right to participate in the public affairs of the state or local institutions, as determined by law.
Article 5 The people of Manchuria have the right to serve as of officials or clerks of government institutions and public institutions and are obliged to perform the duties of other honorary posts, as determined by law.
Article 6 The people of Manchuria may follow the formalities prescribed by law to petition.
Article 7 The people of Manchuria have the right to be tried by the judges established by law.
Article 8 The people of Manchuria, if their rights are violated by the illegal decisions from the government, may request to resolve the violation of rights, in accordance with law.
Article 9 The people of Manchuria must not be taxed or fined in any name other than by law.
Article 10 The people of Manchuria, except those who are against the public good, shall be protected in accordance with common organizations to promote their economic interests.
Article 11 The people of Manchuria are protected against usury and profiteering or all other kinds of improper economic oppression.
Article 12 The people of Manchuria have the right to enjoy all kinds of facilities at the public expense of state or local institutions.
Article 13 This law will be implemented on 9 March 1932.
Supplementary clause (№12 Order-in-Council, 1 March 1934)
This Order-in-Council will be implemented on 1 March 1934.
The Interpretation Article of Manchuria’s Human Rights Protection Act
Author: Mr. SARTAK Arslan(@SartakArslan)
[This article was firstly published publicly on the October 2018 Issue of Kingly Way Monthly, which is the of official magazine of Concordia Association of Manchuria. Kingly Way Monthly is in the form of online magazine and it is open to public. This article was published again on Concordia Association’s of official Medium platform on the Human Rights Day (December 10) this year.]
Right after State of Manchuria was founded in 1 March 1932, the Government of Manchuria enacted Human Rights Protection Act by №2 Order-in-Council on 9 March 1932. A country cannot survive with laws. Therefore, the Government of Manchuria enacted Government Organic Law, as Manchuria’s provisional constitution[1], by №1 Order-in-Council on 9 March 1932. A people cannot live with laws. Therefore, the Government of Manchuria enacted Human Rights Protection Act, as the Manchurian people’s Bill of Rights, by №2 Order-in-Council on 9 March 1932.
In China, from ancient times to the present, there has been no era in which life, property, and freedom can be guaranteed. The People’s Republic of China today is a white glove for the Communist Party of China to enslave Manchurians and other captive nations. Chinese Communist Party’s bloody records have been too numerous to mention. Thus, there is no sense to pursue human rights and freedom in China. On one hand, people in power in China from ancient time to now all regard the people as pigs and dogs, and have the right to seize the people’s lives and kill whoever they want. On the other hand, the Chinese people are like pigs and dogs. They have been willing to accept brutal rule since ancient times. Once the pig and dog slaves became the owners of the pigs and dogs, they also took pride in mastering the right to kill other pigs and dogs. And this has been happening again and again in Chinese history.
Manchuria and China are not one country since ancient times. The people of various ethnic groups in Manchuria have always lived in harmony and Concordia, and the Manchurian people have always thought of mutual respect, coexistence and common prosperity, until now.
Pakji and Gioro founded a dominant state one after another while Juxen and other Tungusic tribes still remained autonomy with their own customary laws. Bohai founded a powerful kingdom while the adherents of Pakji and Gioro still remained their own customary laws. After Khitans founded Khitan Empire, the adherents of Bohai had their own Kingdom of Dan Gur, as an autonomous vassal of Khitan Empire remaining the practices of Bohai customary laws. After Jurchen founded Jurchen Empire, the Khitans remained the practices of Khitan customary laws in their tribes. Some tribes from Manchuria became the initial ruling groups of Mongol Empire while all the other Manchurian tribes were treated same as Mongols. When Mongol Yuan Empire was dismantled, all tribes in Manchuria united together to fight against Ming China’s invasion. When Emperor Nurhaci and Emperor Hong Taiji created and improved the Eight Banners system, although the Eight Banners was composed of people from a variety of races, including Tungusic, Mongolic, Koreanic and Cathay, the Eight Banners was united and brave. Regardless of various racial origins, the Eight Banners are all one.
American friends have visited the present-day Manchuria, which has been illegally occupied by China’s tyranny for many years. They find that Manchurians are still completely different from Chinese. Manchurians are generous, respectful, and helpful, having “Minnesota nice”. This is still the case of Manchuria today, which has been militarily occupied by China for a long time already. It is conceivable that Manchurian people in old days, such as Manchoukuo era, should be more courteous and friendly. In a word, Manchuria’s concordian society since ancient time, along with Manchurian people’s historical traditions of mutual respect, coexistence, and coprosperity, are the social basis for the Human Rights Protection Act to be enacted effectively in order to ensure the basic human rights of Manchurians.
Human Rights Protection Act was one of the fundamental laws of Manchuria. Human Rights Protection Act was the first law that was enacted right after the constitution. This shows that Human Rights Protection Act was essential in the legal system of Manchuria and received adequate emphasis of the Manchurian legislators. The enactment of this Human Rights Protection Act has epoch-making significance in the history of Manchuria.
Under Human Rights Protection Act, it was the first time in the history of Manchuria that the basic human rights were established and guaranteed in a national basic law. To think back then, there were only seventy sovereign states in the world. Imperialism, racism, and communism were all the rage. In China Proper, warlord scuffled while the people had no way of making a living. Manchurian warlord Chang Tso-lin, despite his achievements in maintaining Manchuria’s independence, carrying out modern construction, and respecting the Emperor who had suffered troubles, went on to intervene in the Chinese civil wars several times, even competing for the hegemony of China, and sending troops to Shanghai. Manchurian intervention on endless Chinese warlord wars had been laboring the people of Manchuria and hurting the wealth of Manchuria, which had brought a negative impact on the development of human rights of Manchurian people. His son Chang Hsueh-liang even sold Manchuria’s independence to Soviet red bandits and their running dogs. Fortunately, our brotherly state Japan and our allied army Kwantung Army had timely stopped Manchuria aligning to Soviets, and then Manchoukuo was founded on the basis of Manchuria people and with the help of Japan. Manchoukuo was the first independent modern civilized nation in the history of Manchuria. The establishment of Manchoukuo was of great significance in East Asia and the world at that time. Today, the establishment of Manchoukuo is the fundamental legal basis of the Manchurian Restoration Movement.
His Imperial Majesty’s Government strengthened the state power and protected the human rights. Government of Manchuria implemented the concept of human rights, freedom of religion, and racial equality, which were all still rare in the world at that time, into this basic law of Manchuria. Government of Manchuria incorporated the long-established ethnic concordia, coexistence and prosperity of Manchuria into this basic law of Manchuria. The people of Manchuria, no matter their race or blood, no matter their religious beliefs, no matter when they came to Manchuria, are all Manchurians, and are protected equally by the state.
Human Rights Protection Act has been the current 13 articles since it was firstly enacted on 9 March 1932. These 13 articles have never changed since they were enacted. On 1 March 1934, Manchuria formally adopted constitutional monarchy. The preamble of Human Rights Protection Act was amended to comply with the constitutional monarchy of Manchuria. This has been the only amendment to this law.
As a basic law of Manchuria, Human Rights Protection Act has established that the personal freedom and private property of the people of Manchuria cannot be infringed. This law has determined the equality of the legal status of the people of Manchuria, the rights of the people of Manchuria to participate in the state and local self-governing entities, the right of the people of Manchuria to le and accept lawsuits, the right of the people of Manchuria to petition, the right of the people of Manchuria to form and participate in trade unions, and the legal economic rights of the people of Manchuria.
As is seen in the human rights bills all across the world, the basic human rights always come first. Manchuria’s Human Rights Protection Act firstly protected the three basic principles: the freedom, the equality, and the private property. These three basic principles were just the same as that in the Bill of Rights of great powers. Then, Manchuria’s Human Rights Protection Act was straightforward to protect Manchurian people’s right to participate in politics and petitioning. These two political rights were basically the same as the human rights bills of the great powers as well. Moreover, Human Rights Protection Act of Manchuria regulated the basic principles that civil procedures, criminal procedures and administrative procedures must be used legally. As we all know, no matter Manchuria, Japan, or France, the Civil Procedure Codes, Administrative Procedure Codes, and Criminal Procedure Codes, are all fundament components of a continental law system. Human Rights Protection Act reaffirmed the basic principle that civil procedures, criminal procedures and administrative procedures must be used legally to protect the people of Manchuria and protect their legitimate rights and interests through the laws of Manchuria. Last but not least, Human Rights Protection Act of Manchuria guaranteed the legitimate economic rights of the people of Manchuria. This aspect is the concentrated expression of Manchurian Kingly Way Politics. Kingly Way and Concordia are Manchuria’s Founding Spirits and Founding Ideals. Kingly Way Politics is the basis of Manchurian politics. One of the important connotations of Manchurian Kingly Way Politics is to oppose all unjust economic oppression. According to Human Rights Protection Act, no organization or institution can collect taxes or fines without legislation and the Government of Manchuria shall protect people from profiteering, usury, and all other kinds of improper economic oppression. On the other hand, Manchurian people shall enjoy the rights of various public welfare undertakings and facilities. The concept of Kingly Way Politics was created by the founding fathers of Manchoukuo. It was created in accordance with the political and ethical traditions of East Asia and the rich national conditions of Manchuria since ancient times. Kingly Way Politics was the political foundation for Manchurian people to live and work in peace and prosperity. It still has great significance to Manchuria and other countries around the world today.
All members of the Concordia Association of Manchuria, let’s unite in one heart and soul and vow our blood for the Restoration of Manchuria. Let’s make every effort on protecting the human rights of Manchuria. Our State of Manchuria is our root to survive and thrive. We have a great advantage that other captive nations do not have: that is our adequate and great political legacy left by our ancestors 80 years ago. The Concordia Association of Manchuria hopes that all Manchurians in Manchuria or abroad will defend our Kingly Way together and restore our Manchuria!
[1] On 1 March 1934, Manchuria ‘s constitutionalism has been officially established as constitutional monarchy. The provisional constitution Government Organic Law has been changed into the formal constitution Organic Law.
This Act was translated by Mr. SARTAK Arslan (@SartakArslan)
