As time moves forward, Ma's administration moves backward

A group of 39 observers of Taiwanese politics from around the world -- many of whom were part of an earlier series of open letters on the erosion of justice in Taiwan under the Ma Ying-jeou (馬英九) government -- is in the news yet again. This time, they're focusing on the indictment against former president Lee Teng-hui (李登輝).

Here's some of the main content [highlights mine]:

Dear President Ma Ying-jeou (馬英九),

We the undersigned, international academics, analysts and writers from the US, Canada, Europe and Australia, have for many years been keen observers of political developments in Taiwan. We were delighted when Taiwan made its transition to democracy in the late 1980s and early 1990s, and we continue to care deeply for the country and its future as a free and democratic nation-state.

However, during the past three years, many of us have felt it necessary to address publicly our concerns to you about the erosion of justice and democracy in Taiwan, most recently in April this year regarding the charges of the "36,000 missing documents" against a number of prominent former Democratic Progressive Party (DPP) officials. We raised these issues as international supporters of Taiwan's democracy.

At this time we express our deep concern about the charges against former president Lee Teng-hui (李登輝), often referred to as "the father of Taiwan's democracy," who was indicted on June 30 on charges of allegedly channeling US$7.8 million from secret diplomatic funds into the Taiwan Research Institute. These charges and their timing raise a number of questions that are related both to the case itself and the integrity of the judicial system in Taiwan.

After detailing the specific questions (which you can read at the link above) -- the first of which mentions that the charges stem from events which took place about 15 years ago -- the letter continues [highlights mine]:

Mr President, as head of state you bear overall responsibility for the state of affairs in Taiwan. In democratic systems, proper checks and balances between the executive, legislative and judiciary branches are of the utmost importance. The executive and the legislative branches have a responsibility to exercise oversight and to balance activism in the judiciary, just as the judiciary serves a similar role with regard to the executive and legislative branches. Stating that your government abides by "judicial independence" is therefore not enough. It is essential that all participants in the judicial process — prosecutors, judges and lawyers — are fully imbued with the basic principle that the judiciary is scrupulously impartial and not given to any partisan preferences.

We, as members of the international academic community, are left with the impression that the indictments and practices of the judiciary in Taiwan over the past three years reflect a judicial system that is increasingly influenced by political considerations. There has been a regression in the accomplishments of Taiwan's momentous democratization of the 1990s and 2000s. As good friends of Taiwan, we are deeply unsettled by this. It undermines Taiwan's international image as a free and democratic nation.

Mr President, we therefore urge you and your government to ensure that the judicial system is held to the highest standards of objectivity and fairness. Taiwan has many challenges ahead of it and it cannot afford the political divisions created by the use of the judicial system for political purposes.

Respectfully yours,
[the undersigned]

You can say that again (and they probably will)!

Some of the prequels
Don't forget the earlier parts of this long-running series, listed here in chronological order:

* November 6, 2008: Scholars and writers from around the world publish an "Open letter on erosion of justice in Taiwan." The same letter -- as an online petition -- was signed by more than 2,000 people. (The petition is now closed.)

* November 25, 2008: Minister of Justice Wang Ching-feng (王清峰) calls the open letter "inaccurate."

* December 2, 2008: "Eroding justice: Open letter No. 2" counters Wang Ching-feng's claims.

* January 8, 2009: Over a month later, Wang Ching-feng comes up with "clarif[ications]" regarding the open-letter writers' so-called "misunderstandings."

* January 21, 2009: "Eroding justice: Open letter No. 3" is addressed to President Ma Ying-jeou.

* January 24, 2009: Two more "US-based Taiwan experts add [their] names to open letter [No. 3]."

* January 25, 2009: President Ma claims the public had gained confidence in the judiciary in 2008 -- the exact opposite of what this Taiwan News article tells us they actually felt:

According to recent surveys conducted by Academia Sinica and the Web site Yahoo! Kimo, over 50 percent of the people do not believe in Taiwan's judicial system and over 75 percent have no confidence that the Judicial Yuan will undertake judicial reform [...]

* May 22, 2009: An estimable group of scholars and writers -- 26 in all, and each one with a deep understanding of Taiwan and the surrounding facts -- has composed an open letter addressed directly to President Ma Ying-jeou (馬英九). The letter addresses the ever-increasing problems with judicial fairness, press freedom, the lack of transparency in the Chinese Nationalist Party's (KMT) rapprochement with China, the loss of Taiwan's sovereignty, and the loss of human rights. The argument the letter makes is rock solid. It is based on demonstrable facts.

* November 9, 2009: Then there were 31. The Taiwan News publishes an "Open letter to President Ma Ying-jeou by 30 international scholars" which reminds us that "a decrease of tension across the Taiwan Strait would indeed be welcome, but [...] that this should not be done at the expense of the hard-won democracy" and that "Taiwan should be more fully accepted by the international community as a full and equal partner." (Here's a version with 31 names on the web site of one of the signatories, Jerome F. Keating, Ph.D.)

* December 13, 2009: Government Information Office (GIO) Minister Su Jun-pin (蘇俊賓) submits the "GIO response to Nov. [9] open letter" to the Taipei Times.

* December 25, 2009: Richard Kagan, professor emeritus at Hamline University in St Paul, Minnesota and one of the signatories of the November 2009 letter, replies to Su Jun-pin's silliness in "GIO's response misses the point"

* January 8, 2010: Government Information Office (GIO) Minister Su Jun-pin (蘇俊賓) churns out A GIO response to Richard Kagan (one of the signatories of the November 9, 2009 "Open letter to President Ma Ying-jeou by 30 international scholars") in which Su compares apples and oranges by imagining that other people don't know that China wants to annex Taiwan while the Taiwanese people don't want to be part of China, ignores what has happened to Hong Kong in the past 12 and a half years, talks about the "double-taxation" issue as if China won't still get those taxes from Taiwanese businesses, pretends to forget that Taiwan's Straits [sic] Exchange Foundation (海峽交流基金會) chairman and Chinese Nationalist Party (KMT) vice-chairman Chiang Pin-kung (江丙坤) referred to himself as a "rubber stamp," complains that his government has no control over anything, ignores the KMT's continued attempts to take over Taiwan's Public TV (PTS, 公共電視), confuses gains in local elections with a balanced legislature and a president who listens to majority opinion without oppressing minorities or stupidly saying out loud that he "sees them as humans," and completely omits the fact that the talks regarding an Economic Cooperation Framework Agreement (ECFA) -- which Chinese officials say "will certainly bring about complete unification of the motherland [sic] -- have been anything but transparent and have not been subject to legislative oversight. These things, Mr. Su, are clear signs of an erosion of both justice and democracy.

* February 9, 2010: Michael Danielsen, one of the signatories of the Open letter to President Ma Ying-jeou last November, rebuts Su Jun-pin's response to Richard Kagan last month by pointing out that Democratic liberty is fundamental, "look[ing] forward to actual steps [by Su and the Ma government] that go beyond mere words."

* April 11, 2011: Another open letter criticizes the government's charges that 17 former DPP officials are responsible for "'failing to return' about 36,000 documents during the DPP administration" which ended almost three years earlier.

* April 14, 2011: In what is hard not to perceive as intimidation, the Foreign Ministry says it's going to probe this latest open letter, with Ma officials implying along the way that some of the writers were not of sound mind.

* April 17, 2011: The Chinese-language Liberty Times (自由時報) notices the intimidation factor: "The Liberty Times Editorial: KMT uses law as a political weapon."

* April 22, 2011: The Taipei Times draws a similar conclusion: "EDITORIAL: Government starts to sound like PRC."

I can already imagine how the Ma government will respond the latest letter.

How long can this continue? As long as Taiwanese allow the Chinese KMT to hold political power, it will just keep going and going and going.

---

Unsealing utensils: Taiwan, 台灣, open letter, 公開信, erosion of justice, 侵蝕司法, Ma Ying-jeou, 馬英九, Chinese Nationalist Party, 中國國民黨, Kuomintang, KMT, 國民黨, Lee Teng-hui, 李登輝

Cross-posted at Taiwan Matters!

Labels: Chinese Nationalist Party, erosion of justice, KMT, Kuomintang, Lee Teng-hui, Ma Ying-jeou, open letter, Taiwan, 中國國民黨, 侵蝕司法, 公開信, 台灣, 國民黨, 李登輝, 馬英九

Putting Taiwan in the spotlight

Will Tiao, the producer of the film "Formosa Betrayed" (被出賣的台灣), which is being released across the United States today, sent this around [emphasis mine]:

Dear Friends,

This weekend, February 26-28, a new movie about Taiwan will be coming to theaters. Formosa Betrayed is the first American film to ever deal with US-Taiwan relations and explore the issues of democracy, identity, and justice during the White Terror period in Taiwan. The movie was largely funded by Taiwanese all over the United States and Canada, who invested over $6 million into the film. This makes Formosa Betrayed one of the largest pro-Taiwan projects ever funded by the overseas Taiwanese community. Most of these investors are not wealthy -- they are hard working individuals who came to America to provide a better life for their children.

I am one of those children.

My parents are from Kaohsiung, Taiwan. While growing up, they taught me to call myself "Taiwanese," not "Chinese." This caused them much hardship, which included being put on a blacklist. Some of their friends had worse things happen to them. In some cases, people were killed.

The Taiwanese people have suffered at the hands of many over the last century, but these stories have rarely been told or heard. As a second generation Taiwanese American, I feel it is my duty to educate my generation, as well as the world, about the struggles and suffering of the Taiwanese. We cannot allow Taiwan's history and its people's hardships to be forgotten. Once that happens, it only becomes a matter of time before these atrocities are repeated. This is precisely why I dedicated the last five years of my life to bringing the story of Formosa Betrayed to the world.

As the turbulent reaction to President Obama's recent arms sale to Taiwan shows, US-China-Taiwan relations is still a touchy subject that is greeted by fleeting interest, faint support, or --perhaps worst of all-- indifference by the American media. I am hoping the release of Formosa Betrayed will help spur greater awareness and wider discussion about these important matters in the United States and abroad. This is why I am urging you to see Formosa Betrayed this weekend with your friends and family -- to enlighten them about Taiwan's embattled legacy and its struggle for democracy.

Thank you for your time and interest.


All the best,

Will Tiao
President, Formosa Films
Producer, Formosa Betrayed

Remember that this film is based upon important real events in Taiwan's history, and do everything within your power to see it.

---

Daily rushes: Taiwan, 台灣, open letter, 公開信, Formosa Betrayed, 被出賣的台灣, White Terror, 白色恐怖, Chinese Nationalist Party, 中國國民黨, Kuomintang, KMT, 國民黨

Cross-posted at Taiwan Matters!

Labels: Chinese Nationalist Party, Formosa Betrayed, KMT, Kuomintang, open letter, Taiwan, White Terror, 中國國民黨, 公開信, 台灣, 國民黨, 白色恐怖, 被出賣的台灣

A course in dissembling

Beginning in November 2008, when former President Chen Shui-bian (陳水扁) was first jailed after a long trial by media, a series of open letters on the erosion of justice in Taiwan under the administration of current President Ma Ying-jeou (馬英九) began. Fourteen months later, the deceptive replies to these letters still come, and each time, they fail to honestly and logically address the issues within. Below, I will discuss the latest of these replies.

January 8, 2009
Government Information Office (GIO) Minister Su Jun-pin (蘇俊賓) churned out "A GIO response to Richard Kagan" (Professor Emeritus of History at Hamline University and one of the signatories of the November 9, 2009 "Open letter to President Ma Ying-jeou by 30 international scholars" who separately wrote a criticism of Su's nonsensical reply to an earlier open letter). Kagan's letter appeared in the Taipei Times exactly two weeks prior but was not covered here on this blog.

However, I must tackle this "response" which is riddled with problems and avoids addressing the facts in Kagan's letter head-on. I will put Su's response in blockquoted black text, and my comments will appear in full width. To distinguish the single quote from Kagan's letter which appears here, it will appear in green blockquoted text.

After a brief introduction, these are Su's second and third paragraphs:

Professor Kagan expresses doubts about why a democratic country such as the Republic of China (Taiwan) would seek to develop closer relations with mainland China, which is not a democracy. As an historian, he surely must know that all members of the international community should and must develop relations with each other, regardless of differences in political systems or even bilateral disagreements over specific issues. The US engages in trade and security cooperation with non-democratic countries throughout the world, yet few question how this might affect US democracy.

Similarly, the Republic of China needs to develop relations with all members of the international community to ensure the best interests of the people of Taiwan. It is an internationally accepted fact that mainland China is growing in economic and strategic importance. When the international community wishes to solve major international problems, it increasingly finds that it must engage with Beijing to help find a solution. The US is working more closely than ever with the mainland to deal with managing the global financial crisis, handling the North Korean situation and countering global terrorism. As an integral member of the international community, Taiwan needs to engage with mainland China for many of the same reasons, regardless of any cross-strait differences.

Su is comparing apples and oranges by writing as if other people don't realize that China wants to annex Taiwan while the vast majority of Taiwanese people don't want to be part of that authoritarian foreign regime and that those in Beijing hold great leverage over those in Taipei. The phrase "cross-strait differences" doesn't give you any idea that these differences entail the governments of two nations claiming to rule the entirety of each others territory -- dangerous claims which have hung over the lives of people in both countries (but mostly those in Taiwan) for over six decades.

Note how Su says "a democratic country such as the Republic of China (Taiwan)" above, yet in nearly every other case he treats Taiwan as a mere region. How can anyone take him at his word?

Here's Su's next paragraph:

However, this is absolutely not in any way at the expense of Taiwan's hard-won democracy. This administration has consistently stressed since taking office that all its policies and interaction with Beijing shall be based on the principle of "putting Taiwan first for the benefit of the people." If improving ties had led to the appalling result Dr Kagan posits of Beijing controlling the dialogue and always getting what it wants, why was no double taxation avoidance agreement signed during the Chiang-Chen [Straits Exchange Foundation (SEF) Chairman Chiang Pin-kung (江丙坤) and Association for Relations Across the Taiwan Strait (ARATS) Chairman Chen Yunlin (陳雲林)] cross-strait talks in December, despite being on the agenda? The answer is simple: Disputed details in the wording of the agreement did not accord with the aforementioned principle, so we were not going to sign it, and did not.

He ignores what -- despite promises from Beijing -- has happened to Hong Kong in the past 12 and a half years and talks about the "double taxation" issue as if China won't still benefit by collecting those taxes from Taiwanese businesses. Beijing loses nothing on that point, but Su has weakened the foundation of his own argument.

Su also completely omits the fact that the talks regarding an Economic Cooperation Framework Agreement (ECFA) -- which Chinese officials say "will certainly bring about complete unification of the motherland [sic] -- have been anything but transparent and have not been subject to legislative oversight. Su skirts around this just below with the phrase "involving domestic laws." Read carefully:

The fact that these talks took place between the respectively authorized representative organizations of both sides — the SEF and ARATS — debunks the myth that the cross-strait dialogue is being conducted party-to-party, rather than government-to-government. The Legislative Yuan must approve any accord worked out with ARATS involving domestic laws. Only this administration, duly elected by the voters in Taiwan — and not any political party at either end of the political spectrum — sets cross-strait policy and speaks on behalf of the people of Taiwan.

Minister Su acts as if no one heard that Taiwan's Straits [sic] Exchange Foundation (海峽交流基金會) chairman and Chinese Nationalist Party (KMT) vice-chairman Chiang Pin-kung (江丙坤) recently referred to himself as nothing but a "rubber stamp" in these so-called negotiations.

There's also the strange issue of why the Ma administration won't allow a referendum on the issue, even though the number of signatures collected to initiate the process was nearly double the required threshold. That's not "speak[ing] on behalf of the people of Taiwan," Mr. Su.

While Su dished out some "tough" talk about how much control this government could exert just two blockquotes above, he does a 180 below and says that his government has no control over anything:

Professor Kagan's letter also dwelled on the disingenuous complaint that using "Chinese Taipei" as the name of our country in international events and organizations signals a deliberate diminution of national sovereignty. Taiwan's participation in such events under the rubric "Chinese Taipei" during previous administrations did not diminish national sovereignty, nor can it do so now. This government has always sought and continues to vigorously seek the use of our official name, "Republic of China," or at least "Taiwan," in such situations. However, given Taiwan's unique international status, use of our national title is beyond our control. We warmly welcome support from Dr Kagan and his colleagues for the correct use of our national title by international events and organizations hereafter.

It actually is entirely under your control whether you choose to participate using such names and whether you do so gladly (as in the World Health Organization [WHO] fiasco which did damage to Taiwan's sovereignty) or under protest, as the DPP would have done.

Su's jeremiad continues:

The mantra that democracy in Taiwan is less robust than before utterly conflicts with reality. Domestic political debate in Taiwan is as spirited and vigorous as ever. The local media scrutinize every action of this administration closely, and public demonstrations on political issues of every kind are commonplace. Any concerns that Taiwan is reverting to one-party rule were surely dispelled by the results of local elections held last month. KMT [Chinese Nationalist Party] candidates for mayor and county magistrate posts received 47.88 percent of the nationwide vote, while DPP [Democratic Progressive Party] candidates garnered 45.32 percent. There is no clearer proof that the people of Taiwan have the absolute power to choose their government.

Here, Su ignores the Chinese KMT's continued drive to take over Taiwan's Public TV (PTS, 公共電視). Furthermore, he confuses gains in city, county, and township elections with having both a balanced legislature and a president who listens to majority opinion without oppressing minorities or stupidly telling aboriginals out loud that "I see you as humans," as Ma did before being elected to office.

Su ends his letter like this:

The people of Taiwan have every reason to be proud of the democracy and freedom they have achieved. Taiwan continues to shape the debate on whether democracy is attainable in the Chinese-speaking world, even as cross-strait ties improve. We remain resolutely confident that the undeniable fact of democratic attainment in Taiwan will ultimately prove just as, or even more, powerful to spur positive developments on the opposite side of the Taiwan Strait. That can only be to the benefit of the people of Taiwan and those of the mainland, as well as the world in general.

Look at the language he uses: "Chinese-speaking world" is a culturally-imperialist phrase which ignores Taiwan's many other languages; "cross-strait" is an adjective which hides the fact that two separate countries are being discussed; and Su's repeated use of the word "mainland" (when he means "China") also reveals how he see's Taiwan's status as a lesser entity. (I'm sure discerning readers can find even more to criticize in the above paragraph.)

The minister also must think that you, the reader, have forgotten that while former President Chen has been in jail for over a year now, the Ma administration's "Ministry of Just Us" apparently still hasn't collected enough real evidence to convincingly convict him of the life sentence which has already been handed down and is instead using judicial pressure to try to get those close to Chen -- even his former housekeeper -- to squeal.

All of these things are clear signs of the continued erosion of justice, freedom of the press, and democracy, even if -- in Mr. Su's mind -- it's all sweetness and light.

Full Political Alchemist
Oh, and by the way, Su didn't dare address this important bit from Professor Kagan's letter which demonstrates the GIO minister's lack of logical skills:

Su claims that Taiwan's ranking in the report on 180 countries issued by Transparency International rose to No. 37. This statement reveals political alchemy at its best. For instance, Taiwan's score in 2007 was 34. Numerically it did rise to 37. But the higher a country gets, the greater the index of corruption. Somalia is rated at No. 180. In fact, Taiwan fell into greater corruption by three points.

Can you say "fail"?

The prequels
Don't forget the earlier parts of this long-running series, listed here in chronological order:

* November 6, 2008: Scholars and writers from around the world publish an "Open letter on erosion of justice in Taiwan." The same letter -- as an online petition -- has been signed by more than 2,000 people.

* November 25, 2008: Minister of Justice Wang Ching-feng (王清峰) calls the open letter "inaccurate."

* December 2, 2008: "Eroding justice: Open letter No. 2" counters Wang Ching-feng's claims.

* January 8, 2009: Over a month later, Wang Ching-feng comes up with "clarif[ications]" regarding the open-letter writers' so-called "misunderstandings."

* January 21, 2009: "Eroding justice: Open letter No. 3" is addressed to President Ma Ying-jeou.

* January 24, 2009: Two more "US-based Taiwan experts add [their] names to open letter [No. 3]."

* January 25, 2009: President Ma claims the public had gained confidence in the judiciary in 2008 -- the exact opposite of what this Taiwan News article tells us they actually felt:

According to recent surveys conducted by Academia Sinica and the Web site Yahoo! Kimo, over 50 percent of the people do not believe in Taiwan's judicial system and over 75 percent have no confidence that the Judicial Yuan will undertake judicial reform [...]

* May 22, 2009: An estimable group of scholars and writers -- 26 in all, and each one with a deep understanding of Taiwan and the surrounding facts -- has composed an open letter addressed directly to President Ma Ying-jeou (馬英九). The letter addresses the ever-increasing problems with judicial fairness, press freedom, the lack of transparency in the Chinese Nationalist Party's (KMT) rapprochement with China, the loss of Taiwan's sovereignty, and the loss of human rights. The argument the letter makes is rock solid. It is based on demonstrable facts.

* November 9, 2009: Then there were 31. The Taiwan News publishes an "Open letter to President Ma Ying-jeou by 30 international scholars" which reminds us that "a decrease of tension across the Taiwan Strait would indeed be welcome, but [...] that this should not be done at the expense of the hard-won democracy" and that "Taiwan should be more fully accepted by the international community as a full and equal partner." (Here's a version with 31 names on the web site of one of the signatories, Jerome F. Keating, Ph.D.)

* December 13, 2009: Government Information Office (GIO) Minister Su Jun-pin (蘇俊賓) submits the "GIO response to Nov. [9] open letter" to the Taipei Times.

* December 25, 2009: Richard Kagan, professor emeritus at Hamline University in St Paul, Minnesota and one of the signatories of the November 2009 letter, replies to Su Jun-pin's silliness in "GIO's response misses the point"

Don't expect this to end anytime soon.

In the meantime, never let your guard down. Stay angry, and fight this injustice every chance you get -- whether it's writing a blog, attending protests, reminding your mother-in-law that not "all politicians are alike" (especially when it comes to Taiwan's two biggest parties), pointing out to your doctors that the lie-filled pro-Ma TV stations blaring in the waiting room aren't good for their patients' physical or mental health, or even just by actively using the name "China" instead of "mainland" out of mere habit when referring to our bellicose neighbor.

And if you're registered to vote in today's elections in Taichung, Taoyuan, or Taitung -- the first two of which are being held as the result of Chinese KMT vote-buying convictions -- get out and vote for the DPP candidate in your area.

Good people must prevail against injustice.

---

Dockets for deliberation: Taiwan, 台灣, open letter, 公開信, Su Jun-pin, 蘇俊賓, Richard Kagan, 柯義耕, justice, 正義, Ministry of Justice, 法務部

Cross-posted at Taiwan Matters!

Labels: justice, Ministry of Justice, open letter, Richard Kagan, Su Jun-pin, Taiwan, 公開信, 台灣, 柯義耕, 正義, 法務部, 蘇俊賓

The list of signatories grows by almost 20%

Writer Jerome F. Keating, Ph.D. and thirty other scholars and writers from the US, Canada, Asia, Europe and Australia have penned a fifth open letter about the serious problems occurring under the administration of President Ma Ying-jeou.

The letter reminds us that "a decrease of tension across the Taiwan Strait would indeed be welcome, but [...] that this should not be done at the expense of the hard-won democracy" and that "Taiwan should be more fully accepted by the international community as a full and equal partner." Read the full letter at the link above, but here is a large excerpt [emphasis mine]:

During the past two decades, Taiwan has made major progress in each of these areas [freedom, democracy, justice and human rights]. It thus has been a disappointment for us to see an erosion of justice, a weakening of checks and balances in the democratic system and a decline in press freedom in Taiwan. These trends are reflected in the significantly downward ratings Taiwan received in the annual reports of international organizations such as Freedom House and Reporters without Borders.

They are also reflected in the expressions of concern by international scholars and friends of Taiwan related to the flaws in the judicial proceedings against former President Chen Shui-bian and the apparent lack of neutrality in the continuing "investigations" and indictments of other prominent members of the DPP government. We thus appeal to you again to ensure that measures are taken to ensure the impartiality and fairness of the judiciary.

Good governance, accountability and transparency based on the fundamental principles of freedom, democracy, justice and human rights are all the more essential now that your government is moving Taiwan on a path of closer economic ties with China. We believe that a decrease of tension across the Taiwan Strait would indeed be welcome, but emphasize that this should not be done at the expense of the hard-won democracy and the establishment of human rights in Taiwan itself.

Thus, the process of improving relations with the large neighbor across the Strait needs to be an open, deliberative and democratic process, in full consultation with both the Legislative Yuan and the democratic opposition, and fully transparent to the general public. We are thus pleased to hear that officials of your government have stated that any agreement with China would need to have both a domestic consensus, including approval by the Legislative Yuan, and acceptance by the international community. We trust this process will be open and consultative in ways that respect the democratic traditions begun so promisingly two decades ago.

The prequels
Don't forget the earlier parts of this long-running series, listed here in chronological order:

* November 6, 2008: Scholars and writers from around the world publish an "Open letter on erosion of justice in Taiwan." The same letter -- as an online petition -- has been signed by more than 2,000 people.

* November 25, 2008: Minister of Justice Wang Ching-feng (王清峰) calls the open letter "inaccurate."

* December 2, 2008: "Eroding justice: Open letter No. 2" counters Wang Ching-feng's claims.

* January 8, 2009: Over a month later, Wang Ching-feng comes up with "clarif[ications]" regarding the open-letter writers' so-called "misunderstandings."

* January 21, 2009: "Eroding justice: Open letter No. 3" is addressed to President Ma Ying-jeou.

* January 24, 2009: Two more "US-based Taiwan experts add [their] names to open letter [No. 3]."

* January 25, 2009: President Ma claims the public had gained confidence in the judiciary in 2008 -- the exact opposite of what this Taiwan News article tells us they actually felt:

According to recent surveys conducted by Academia Sinica and the Web site Yahoo! Kimo, over 50 percent of the people do not believe in Taiwan's judicial system and over 75 percent have no confidence that the Judicial Yuan will undertake judicial reform [...]

* May 22, 2009: An estimable group of scholars and writers -- 26 in all, and each one with a deep understanding of Taiwan and the surrounding facts -- has composed an open letter addressed directly to President Ma Ying-jeou (馬英九). The letter addresses the ever-increasing problems with judicial fairness, press freedom, the lack of transparency in the Chinese Nationalist Party's (KMT) rapprochement with China, the loss of Taiwan's sovereignty, and the loss of human rights. The argument the letter makes is rock solid. It is based on demonstrable facts.

---

John Hancocks: Taiwan, 台灣, Ma Ying-jeou, 馬英九, open letter, 公開信, Jerome Keating, 祁夫潤, human rights, 人權, sovereignty, 主權

Cross-posted at Taiwan Matters!

Labels: human rights, Jerome Keating, Ma Ying-jeou, open letter, sovereignty, Taiwan, 主權, 人權, 公開信, 台灣, 祁夫潤, 馬英九

Justice and human rights continue to erode

Yet again, an estimable group of scholars and writers -- 26 in all, and each one with a deep understanding of Taiwan and the surrounding facts -- has composed an open letter addressed directly to President Ma Ying-jeou (馬英九).

The letter addresses the ever-increasing problems with judicial fairness, press freedom, the lack of transparency in the Chinese Nationalist Party's (KMT) rapprochement with China, the loss of Taiwan's sovereignty, and the loss of human rights. The argument the letter makes is rock solid. It is based on demonstrable facts, and if Ma or his administration responds with more denials as they have done with the previous open letters, they will only be make things look even worse than they already are.

Without further hot air from me, here's number four in the series as it appeared in the Thursday, May 21, 2009 issue of the Taipei Times:

Open letter to Taiwan's president

Dear President Ma,

On the occasion of the first anniversary of your presidency, we, the undersigned, scholars and writers from the US, Canada, Europe and Australia, wish to publicly address our concerns to you about a number of trends in Taiwan, as well as several specific developments.

We raise these issues as international supporters of Taiwan's democracy who care deeply about the country and its future as a free and democratic nation-state. As you recall, we voiced concerns on three previous occasions, most recently in a letter to you, Mr President, dated Jan. 17, 2009, in which we expressed our concern regarding the fairness of the judicial system in Taiwan.

These concerns have not been alleviated by either the response from Government Information Office Minister Su Jun-pin (蘇俊賓) or the cessation of troubling, flawed and partial judicial proceedings, in particular involving the case of former president Chen Shui-bian (陳水扁).

We reiterate that any alleged corruption must be investigated, but emphasize that the judicial process needs to be scrupulously fair and impartial. In the case of the former president, it is evident that the prosecution is heavily tainted by political bias, and that the former president is being treated badly out of spite for the political views and the positions he took during his presidency. Such retribution does not bode well for a young and fragile democracy, as Taiwan is.

The second issue that we feel we need to highlight is press freedom. In spite of earlier expressions of concern by international organizations such as the Committee to Protect Journalists and Freedom House, there continue to be reports of impingement on press freedom by your administration. A case in point is the recent disturbing report that Central News Agency staff were instructed to write only "positive" stories about the policies of your administration, and that reports containing criticism of your administration or China were excised.

As supporters of a free and democratic Taiwan it is disheartening to see that in the annual report on press freedom by the New York-based Freedom House, Taiwan dropped from 32nd to 43rd place. In addition, it is disconcerting to see reports that groups with close ties to China are buying their way into Taiwan's media circles, gaining a controlling voice in major publications such as the China Times. We need to remind ourselves that China is still an authoritarian state with a long history of control of the news media. Its financial influence in Taiwan's free press will in the long run be detrimental to hard-won freedoms.

This leads us to a third general issue: the means by which rapprochement with China is being pursued. While most people in Taiwan and overseas agree that a reduction of tension in the Taiwan Strait is beneficial, it is crucial to do this in a manner befitting a democratic nation: with openness and full public debate. Only if there is sufficient transparency and true dialogue — both in the Legislative Yuan and in society as a whole — will the result be supported by a significant majority of the people.

Transparency and true dialogue have been lacking in the process. Decisions and agreements are arrived at in secrecy and then simply announced to the public. The Legislative Yuan seems to have been sidelined, having little input in the form or content of the agreements, such as the proposed economic cooperation framework agreement (ECFA). The administration simply sends to the legislature the texts agreed to in the negotiations with the People's Republic of China, allowing virtually no possibility of discussion of the pros and cons of such agreements. This undermines the system of checks and balances, which is so essential to a mature democracy. We may mention that recent opinion polls show overwhelming support for a referendum on an ECFA and for better legislative oversight of China policy.

Mr President, as international scholars and writers who have followed Taiwan's impressive transition to democracy during the past two decades, we know the sensitivity in Taiwan of the issue of relations with China. Rapprochement needs to be carried out in a way that ensures that the achievements of the democratic movement are safeguarded, that the political divide within Taiwan is reduced and that Taiwan's sovereignty, human rights and democracy are protected and strengthened.

However, during the past year we have seen that the policies of your administration are being implemented in a way that is causing deep anxiety, particularly among many who fought for Taiwan's democracy two decades ago. This was evident in the large-scale rallies held in Taipei and Kaohsiung on Sunday.

We have also seen a further polarization in society due to the lack of transparency and democratic checks and balances. Many observers believe that the rapprochement with China has occurred at the expense of Taiwan's sovereignty, democracy and freedoms. To some, the judicial practices and police behavior toward those who criticize your policies are even reminiscent of the dark days of martial law.

In this respect, symbols are important. It does not help that your administration has renamed National Taiwan Democracy Memorial Hall in Taipei back to Chiang Kai-shek Memorial Hall. It doesn't bolster your case that the funding for the Chingmei Human Rights Memorial in Sindian (新店) has been cut drastically and that the location is being turned into a "cultural" park. It doesn't help that changes are being made to the Assembly and Parade Act (集會遊行法) that infringe on freedoms of protesters instead of enhancing freedom of speech.

Mr President, we appeal to you to take measures that alleviate these concerns. A first step would be to initiate and implement reforms in the judicial system that safeguard the human rights of the accused and ensure a fair trial. A second step would be to guarantee complete press freedom, and instill in those engaged in the media the determination to live up to the highest standards.

Thirdly, rapprochement with China needs to be brought about in such a way that the people of Taiwan have a full say in determining their future as a free and democratic nation. Closed-door deals that bring Taiwan increasingly into China's sphere of influence are detrimental to Taiwan's future and undermine the democratic fabric of society.

Due to its complex history, Taiwan has not had the opportunity to be accepted as a full and equal member of the international family of nations. We believe the people of Taiwan have worked hard for their democracy, and that the international community should accept Taiwan in its midst. Your actions and policies can help the island and its people move in the right direction. We urge you to do so.

Respectfully yours,

NAT BELLOCCHI
Former chairman, American Institute in Taiwan

COEN BLAAUW
Formosan Association for Public Affairs, Washington

STÉPHANE CORCUFF
Associate Professor of Political Science, China and Taiwan Studies, University of Lyon

GORDON G. CHANG
Author, The Coming Collapse of China

JUNE TEUFEL DREYER
Professor of Political Science, University of Miami

MICHAEL DANIELSEN
Chairman, Taiwan Corner, Copenhagen, Denmark

TERRI GILES
Executive Director, Formosa Foundation, Los Angeles

BRUCE JACOBS
Professor of Asian Languages and Studies, Monash University

RICHARD C. KAGAN
Professor Emeritus of History, Hamline University

JEROME F. KEATING
Author and associate professor (ret.), National Taipei University

DAVID KILGOUR
Former Canadian member of parliament and secretary of state for the Asia-Pacific

LIU SHIH-CHUNG
Visiting Fellow, The Brookings Institution, Washington

MICHAEL RAND HOARE
Emeritus Reader at the University of London, Great Britain

VICTOR H. MAIR
Professor of Chinese Language and Literature, University of Pennsylvania

DONALD RODGERS
Associate Professor of Political Science, Austin College

TERENCE RUSSELL
Associate Professor of Chinese Language and Literature, University of Manitoba

CHRISTIAN SCHAFFERER
Associate Professor, Department of International Trade, Overseas Chinese Institute of Technology; and Editor, Journal of Contemporary Eastern Asia

MICHAEL STAINTON
York Center for Asia Research, Toronto, Canada

PETER CHOW
Professor of Economics, City College of New York

PETER TAGUE
Professor of Law,Georgetown University

JOHN J. TKACIK JR.
Former senior research fellow, The Heritage Foundation, Washington

ARTHUR WALDRON
Lauder Professor of International Relations, University of Pennsylvania

VINCENT WEI-CHENG WANG
Professor of Political Science, University of Richmond

GERRIT VAN DER WEES
Editor, Taiwan Communiqué

MICHAEL YAHUDA
Professor Emeritus, London School of Economics, and Visiting Scholar, George Washington University

STEPHEN YATES
President, DC Asia Advisory, and former deputy assistant to the US vice president for national security affairs

I'm hoping this will be online as a petition soon, at which time I will tell you how you can add your name.

The prequels
Don't forget the earlier parts of this long-running series, listed here in chronological order:

* November 6, 2008: Scholars and writers from around the world publish an "Open letter on erosion of justice in Taiwan." The same letter as an online petition has been signed by more than 2,000 people.

* November 25, 2008: Minister of Justice Wang Ching-feng (王清峰) calls the open letter "inaccurate."

* December 2, 2008: "Eroding justice: Open letter No. 2" counters Wang Ching-feng's claims.

* January 8, 2009: Over a month later, Wang Ching-feng comes up with "clarif[ications]" regarding the open-letter writers' so-called "misunderstandings."

* January 21, 2009: "Eroding justice: Open letter No. 3" is addressed to President Ma Ying-jeou.

* January 24, 2009: Two more "US-based Taiwan experts add [their] names to open letter [No. 3]."

* January 25, 2009: President Ma claims the public had gained confidence in the judiciary in 2008 -- the exact opposite of what this Taiwan News article tells us they actually felt:

According to recent surveys conducted by Academia Sinica and the Web site Yahoo! Kimo, over 50 percent of the people do not believe in Taiwan's judicial system and over 75 percent have no confidence that the Judicial Yuan will undertake judicial reform [...]

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Dotted lines: Taiwan, 台灣, open letter, 公開信, human rights, 人權, sovereignty, 主權, Jerome Keating, 祁夫潤, Ma Ying-jeou, 馬英九

Cross-posted at Taiwan Matters!

Labels: human rights, Jerome Keating, Ma Ying-jeou, open letter, sovereignty, Taiwan, 主權, 人權, 公開信, 台灣, 祁夫潤, 馬英九

More signatures, please

Last time I checked, there were 584 signatures on the "Open letter on erosion of justice in Taiwan," but there should be far more. (I'm #102.) If you haven't yet done so, please go read it, and add your signature now [UPDATE 1, December 3, 2008: Many thanks to all of the readers of this blog who have added their names to the letter! As of 8 PM Taiwan time, there were 1,999 signatures. Even though the goal of 1,000 signatures has nearly been doubled, the Ma administration has not acknowledged their wrongdoing. If you haven't signed it yet, please do. /update 1].

Also, the Wild StrawBerries Movement (野草莓學運) has an online petition, too. (I'm number 三八ㄟ.) [UPDATE 2, December 3, 2008: Many thanks to all the readers of this blog who have given their support to the Wild StrawBerries! As of 8 PM Taiwan time, there are 1,184 signatures, but there still hasn't been a satisfactory response from the Ma government. If you haven't signed the petition yet, please go do it now. /update 2] Here are their goals [edited for formatting, clarity, spelling, and completeness]:

1. President Ma Ying-jeou (馬英九) and Premier Liu Chao-shiuan (劉兆玄) must publicly apologize to all citizens [for creating the situation which allowed the police to treat protesters the way they did during Chen Yunlin's (陳雲林) visit to Taiwan].

2. National Police Agency (NPA) Director-General Wang Cho-chiun (王卓鈞) and National Security Bureau Director Tsai Chao-ming (蔡朝明) must step down [to take responsibility for the police brutality that occurred as a result of the massive police presence].

3. The Legislative Yuan (行政院) must revise the Parade and Assembly Law (集會遊行法), which currently restricts the rights of the people [and which are set to become even more repressive early in 2009]. [This is basically a simple demand for "Freedom of Assembly."]

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Whys and wherefores: Taiwan, 台灣, White Terror, 白色恐怖, open letter, 公開信, petition, 簽署

Cross-posted at Taiwan Matters!

Labels: open letter, petition, Taiwan, White Terror, 公開信, 台灣, 白色恐怖, 簽署

Add your signature

The "Open letter on erosion of justice in Taiwan" is online in petition form, and you can add your signature to it by clicking the preceding link. Here's the text of the letter [I've edited stray code and formatting, but unless otherwise noted, the text is identical to the original]:

Open letter on erosion of justice in Taiwan

The undersigned, scholars and writers from the US, Europe and Australia, wish to express their deep concern about the recent series of detentions in Taiwan of present and former Democratic Progressive Party (DPP) government officials. To date there have been at least seven such cases. [Maddog note: The detention of former president Chen Shui-bian (陳水扁) without an indictment brings that number to (at least) eight.]

It is obvious that there have been cases of corruption in Taiwan, but these have occurred in both political camps. The political neutrality of the judicial system is an essential element in a democracy. It is also essential that any accused are considered innocent until proven guilty in the court of law.

We also believe that the procedures followed by the prosecutor's offices are severely flawed: while one or two of the accused have been formally charged, the majority is being held incommunicado without being charged. This is a severe contravention of the writ of habeas corpus and a basic violation of due process, justice and the rule of law.

In the meantime, the prosecutor's offices evidently leak detrimental information to the press. This kind of "trial by press" is a violation of the basic standards of judicial procedures. It also gives the distinct impression that the Kuomintang (KMT) authorities are using the judicial system to get even with members of the former DPP government.

In addition, the people who are being held incommunicado are of course unable to defend themselves against the misreporting and the leaks in the news media.

We do firmly believe that any alleged wrongdoings must be dealt with in a fair and open manner in an impartial court. Justice through the rule of law is essential to Taiwan's efforts to consolidate democracy and protect fundamental human rights.

We do not want to see Taiwan's hard-earned democracy jeopardized in this manner. Taiwan can justifiably be proud of its transition to democracy in the late 1980s and early 1990s. It would be sad for Taiwan and detrimental to its international image if the progress which was made during the past 20 years would be erased. Taiwan needs to move forward, not backwards to the unfair and unjust procedures as practiced during the dark days of Martial Law (1947-1987).


Signed:

Julian Baum
Former Far Eastern Economic Review bureau chief

Nat Bellocchi
Former American Institute in Taiwan chairman

Coen Blaauw
Formosan Association for Public Affairs, Washington

David Prager Branner
Director at large (East Asia),
American Oriental Society

Gordon G. Chang
Author of
The Coming Collapse of China

PROF. June Teufel Dreyer
University of Miami

PROF. Edward Friedman
University of Wisconsin

PROF. Bruce Jacobs
Monash University

Richard C. Kagan
Professor emeritus,
Hamline University

Jerome Keating
Author and former associate professor, National Taipei University

ASSOC. PROF. Daniel Lynch
School of International Relations, University of Southern California

PROF. Victor H. Mair
University of Pennsylvania

ASSOC. PROF. Donald Rodgers
Austin College

PROF. Terence Russell
University of Manitoba

PROF. Scott Simon
University of Ottawa

John J. Tkacik Jr
Senior research fellow,
The Heritage Foundation

Gerrit van der Wees
Editor, Taiwan Communique

PROF. Arthur Waldron
University of Pennsylvania

PROF. Vincent Wei-cheng Wang
University of Richmond

Stephen Yates
President of DC Asia Advisory and former deputy assistant to the vice president for national security affairs.

Go add your name right this minute -- while you still can.

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Reasons to sign: Taiwan, 台灣, White Terror, 白色恐怖, open letter, 公開信, petition, 簽署

Cross-posted at Taiwan Matters!

Labels: open letter, petition, Taiwan, White Terror, 公開信, 台灣, 白色恐怖, 簽署