Chapter 1:Introduction:Chen Shui-bian and Taiwan's Democracy In mid-January 2008,Taiwan's voters went to the polls to elect mem- bers of a new Legislative Yuan,the national lawmaking body of government. Soon after the ballots were counted the media reported that the Nationalist Party or Kuomintang (KMT)had scored a"resounding victory."Its candi- dates won eighty-one seats (in the 113-member body);the then ruling De- mocratic Progressive Party (DPP)got but twenty-seven seats.Only two DPP candidates won seats in the northern,western and easter parts of the island. The DPP even failed to perform well in most of what observers saw as its “stronghold areas.nl Shortly after the election,President Chen Shui-bian announced publi- cally that the DPP had suffered its"worst defeat since the party's founding." He confessed that the loss was his responsibility and resigned as party chairman.He then left the country,the press said to avoid facing angry party members and because of his personal embarrassment.Indeed the most sali- ent reasons for the DPP's huge loss all related to President Chen:his horren- dous corruption,mismanagement of the economy,and wrecking relations with the United States-Taiwan's only important friend and its protector.3 In March,President Chen and his party experienced another election de- bacle.The DPP's presidential and vice presidential candidates Frank Hsieh and Su Cheng-chang suffered a stunning defeat in the presidential and vice- presidential election at the hands of the KMT's Ma Ying-jeou and Vincent Siew.The Ma-Siew ticket garnered more votes than any presidential and vice presidential candidates in any such election ever held in Taiwan.The duo got better than fifty-eight percent of the popular vote,more than Lee Teng-hui had won as an incumbent in 1996 and almost twenty percent above what Chen Shui-bian had won in his historic presidential election victory in 2000.The Ma ticket won twenty of twenty-five electoral districts,including many that were traditional "green"or DPP territory.Ma and Siew won in Kaohsiung where Frank Hsieh had been mayor and in Tainan near President Chen's hometown.They were victorious in all of the districts of northern and central Taiwan,the Pescadores,and the Offshore Islands.Hsieh and Su
2 Introduction Introduction won only in rural,pan-green districts in South Taiwan.As with the January legislative election the primary issues in this contest were the Chen admini- provide an opening to exploit.Hsieh and Su did portray it as a"slippery stration's corruption,the economy,and relations with the United States(and slope"and asserted that China would use commercial ties to push for politi- also China). cal links,which,they said,would undermine Taiwan's sovereignty.The ba- sis for this argument was that China would hold Taiwan hostage economi- Together the two elections brought the Nationalist Party back into cally,that commercial ties would "hollow out"Taiwan's industries,and power,decidedly so,after an eight-year hiatus of DPP rule.Various pundits Taiwan's business community would become a"fifth column"for China. viewed this event very differently in terms of Taiwan's democratization. Arguably the reason they did not oppose more strongly broader commercial Many spoke of the DPP as having accomplished the"consolidation"of Tai- relations with China was that the economy was a paramount concern to vot- wan's democracy because of it bringing about the first turnover of ruling ers during the campaign.It,therefore,seemed necessary for Taiwan to con- parties and for its promoting majority rule.Some who espoused this view tinue and even accelerate its trade,investment and other ties across the Tai- opined that the process of democratization would now cease or would be reversed.Others spoke of the recent KMT election victories as affording a wan Strait,2 The campaign transpired smoothly.Notwithstanding opinion polls that "second consolidation"suggesting that the Chen administration had not ad- showed Ma and Siew with a commanding lead during the campaign,Hsieh vanced Taiwan's democratization and/or arguing another change of ruling and Su did not resort very much to dirty tricks or low politics.There was no parties would afford even better evidence that Taiwan's democracy had been late surprise and little violence during the campaign.News reporters wrote consolidated. that it was generally a very civil campaign,some suggesting this reflected Yet either conclusion seemed in a sense odd,since as a number of ob- the success of Taiwan's democracy to date.Alternatively,Hsieh and Su cal- servers pointed out,neither Taiwan's democratic polity nor its democratiza- culated that they had little chance of winning and should conduct a decent tion was a central issue in either of the 2008 elections,not directly at least. campaign so they might try again later when their"Chen Shui-bian alba- Corruption and good governance were important and they related to the mat- tross"was history. ter of whether Taiwan's democracy was healthy or not and if further democ- In any event,following the ruling party's second election defeat,DPP ratization (which most scholars in Taiwan thought was needed)was on track. leaders assembled to make an assessment of their future and to consider The main reason,many thought,for democracy itself not being at issue was adopting new strategies and policies.Specifically they had to plot their the widespread public perception that Taiwan had already become a genuine party's recovery amid difficult circumstances.Most blamed President Chen working democracy and democratization was really no longer a public con- for the party's dire situation,especially his and many of his associates'cor- cern.In addition,other issues,especially those connected to the Chen ad- ruption.The economy was also an issue.Hence party leaders pledged to help ministration mentioned above,dominated the campaign. get rid of corruption and put Taiwan's economic growth back on track.DPP Some issues that were thought to represent the bad side of democratiza- stalwarts also spoke of the need for political reform,though there were few tion were not so visible and the two election campaigns were less boisterous specifics mentioned.14 and more civil.For example,the ethnic issue was part of both campaigns,as But these ideas were soon scuttled.Party leaders realized that pursuing it had been in previous election contests;but it was muted compared to ear- such objectives,especially elevating them to the status of party policy, lier campaigns.In the case of the latter election,Frank Hsieh and Su Cheng- would not help the DPP vie with the KMT and/or enable it to return to chang did not try to exploit ethnic differences to the extent Chen Shui-bian power in the near future.It was obvious why. had during the two previous election campaigns.Whether they perceived First,the party's image was sullied so badly that to make a quick recov- that it was morally wrong,the voters were tired of it and there might be a ery would be very difficult and would under normal circumstances require backlash,or whether they thought it had contributed to strained relations the passing of a considerable amount of time.Clearly the public did not re- with China and the U.S.(which Hsieh had promised to fix)is uncertain;per- gard the party highly.Regarding specifically the DPP's corruption problem haps all three.The KMT's presidential candidate,Ma Ying-jeou,being a there was another obstacle:the new president,Ma Ying-jeou,had too good Mainland Chinese,Hsieh and Su might have made more of his ethnicity than of a public image for being clean,and he was likely to keep the government they did. and the now ruling KMT from becoming corrupt. The DPP's candidates similarly did not press as strongly as it appeared Second,as of May 20,2008,Ma and the KMT were in charge of charg- they might have on the issue of Taiwan's separation from China or its inde- ing up the economy and would probably get credit for most,if not anything, pendence.Ma's advocacy of closer economic ties with China seemed to the DPP did to help.Focusing on getting the economy back into a good
4 Introduction Introduction 5 growth mode,furthermore,would draw attention to the fact that President ent that more charges against Chen would follow.26Appearing at the time Chen and the DPP had been delinguent in managing it when they were in contrite,Chen stated that he would not criticize President Ma Ying-jeou and power.In addition,Taiwan was at this time showing signs of an economic asked his supporters not to call him president anymore.27 downturn;an economic recession might create a "crisis to order"for the But Chen's stance changed within days.Before the month was out the DPP.In counterpoint,talking of repairing the economy,especially admit- former president filed a lawsuit against the Minister of National Defense for ting fault on this issue,would indicate that the problem was one created by publically suggesting that he was not really shot during the 2004 presidential the DPP.18 campaign.Chen then adopted an aggressive stance on other issues.Osten- Hence the two goals cited above were seen as non-starters and the sibly influenced by Chen,DPP stalwarts assailed KMT party chairman Wu DPP's leadership quickly abandoned them.Another reason for not sticking Poh-hsiung for visiting China,in particular calling his decision not to use to its promises to clean up party corruption and help the government facili- any official title unethical while characterizing the trip as creating a"second tate economic growth was the fact that even though President Chen was channel"of communications and caving in to China.With the DPP on the sorely disgraced and most anticipated he would serve a term in prison,likely attack and using the issue of Taiwan's sovereignty as its call to action,Chen a long one,he still commanded the loyalty of the hard core of the party and Shui-bian remained,in fact very much so,in the center of attention and a remained Taiwan's spiritual leader on one issue the DPP needed for the person of influence in the party.DPP chairwoman Tsai Ying-wen,appar- party to survive and recover:Taiwan's independence.Connected to this, ently realizing,launched a"grassroots tour"during which time she said she Chen and his supporters controlled a long-used approach to politics,Tai- would "speak the language"of the people,in essence accepting Chen's pol- wanese victimization.This had been part of the DPP's leitmotif approach to icy of localism or local nationalism as a tactic for engineering the party's politics in the past;it had abetted the party's efforts in building an ideologi- recovery."30 cal base.20 There seemed no good reason this would not continue to work Hence,within a few weeks of its drubbing at the polls,seen by most as for the DPP.Indeed Chen seemed to be a victim,albeit a guilty one.An al- former president Chen's fault,many DPP members had to some degree or ternative explanation was that Chen controlled a huge sum of money that another sided with Chen.Meanwhile the DPP's leadership almost totally any DPP hopeful had to consider this if pursuing elective office or position readopted its early political strategy of exploiting independence,local na- in the party. tionalism,and ethnic ill will-all policies associated with Chen Shui-bian. It was also relevant,at this juncture,that the DPP faced a serious leader- Many DPP's leaders thought that returning to its past modus operandi was ship quandary and deciding on the party's top steward,much less a new the best course of action;alternatively they did not have any better alterna- agenda,was problematic.Frank Hsieh resigned as party chairman in March tive.For several reasons this worked. following the party's presidential election defeat,but continued on as"care- One,top leaders and most members of the DPP viewed Ma as a scholar taker."On May 18,former vice-premier Tsai Ying-wen was elected the and genteel rather than tough.In fact,they had long characterized him as a party's chairwoman.Tsai was perceived to be an honest and clean politician weak personality and not up to the hardball politics the DPP could (and and intelligent;but she was a newcomer to the party,had never run for elec. ud)play.They used this perception tonifythe party and further justify tive office,and seemed unlikely to be a strong and effective party leader. their tough policies and mien. Yet neither Hsieh nor Su Cheng-chang,it appeared,could push her aside and Two,soon after the election citizens became disillusioned,seeing the assume the party's leadership.Other top DPP leaders who had been elected Ma administration could not fulfill many of its campaign promises.This,of to office and/or seemed like possible picks to run the party were either not course,is typical of new democracies and very much applied to Taiwan.32 popular in the party or did not have the confidence of the party rank and Voters had taken his pledges too literally and had embraced expectations file,24 that could not be realized.Thus,after a very brief honeymoon Ma's popular- Meanwhile,just as his term as president ended,prosecutors named Chen ity,as reflected in the polls,began to drop precipitously. Shui-bian (heretofore protected by presidential immunity)the defendant in Three,by the second half of 2008 Taiwan was mired in an economic an investigation into his handling of the state affairs budget (in other words downturn as a result of the worldwide recession.Taiwan's citizens blamed the embezzlement of government funds).Prosecutors informed the Presiden- mainly Ma and the KMT.Patently Ma was not able to fulfill one of his cen- tial Office,the Ministry of Foreign Affairs,National Immigration Agency, tral campaign promises,economic growth;hence,the KMT,which most National Police Agency and Coast Guard Administration that they must re- people in Taiwan assumed was better at managing the economy,lost some port to prosecutors if Chen planned to leave the country.It was very appar- of its glow in this realm
Introduction Introduction 7 In fact,the failure of the Ma administration to produce economic growth abetted the DPP's efforts to play on local nationalist sentiments.Ma's plans Thus the stage was set for the DPP,which was not as crippled by its hinged on(particularly from the perspective of the DPP)"integrating"Tai- election defeats or as disadvantaged by the new political balance of power as wan's economy with China's.During the campaign,Ma had spoken of tear- it appeared,to do pitched battle with the KMT employing those tactics that ing down barriers to cross-strait economic relations and his proposals won brought the DPP to power.This meant street politics,demonstrations and strong kudos from the business community and as well the support of the protests,and appeals to ethnic Taiwanese nationalism.These aggressive ac- general population.At the time (and this still holds)Taiwan faced the fright- tions DPP leaders conflated with protecting Taiwan's democracy and its ening prospect of being excluded from the quickly evolving ASEAN-plus national sovereignty. one(China)or some variation of it,a dynamic East Asian common market, The KMT responded by citing,and repeating often,the Chen admini- and thus being isolated economically.35 stration's and the DPP's corruption while not distinguishing between the two. But DPP leaders portrayed the situation quite differently:as Taiwan be- The complicated and seemingly never ending nature of the legal case against coming dependent on China economically-a first step in China's strategy Chen as anticipated facilitated KMT efforts.In July,prosecutors indicted for absorbing Taiwan.Upon closer examination,these charges could be seen nine more Chen administration officials,including five former ministers. as specious for two reasons:One,during the Chen era his administration In mid-August,the media reported that former president Chen admitted he oversaw a vast increase in Taiwan's economic ties with China and thus its had lied about the use of campaign funds during two mayoral elections and dependence on China.3 Two,Taiwan was becoming integrated with China two presidential elections going back to 1994 that he had run in (though he economically;but so were nearly all of the nations in East Asia."Neverthe- said his wife had taken the money--SUS21 million).Chen then cancelled his less,the DPP's argument that Taiwan might become dangerously dependent membership in the DPP and apologized for dishonoring the party and caus- upon China had resonance,especially among their supporters. ing it irreparable damage.In response,DPP critics said that the Ma ad- Another advantage for the DPP was the fact that the two KMT election ministration had leaked information to further humiliate Chen and the DPP victories in early 2008 had created the rather widely held impression the and complained the judiciary was not acting independently.46 KMT could,and indeed would,return to its former dictatorial-style of rule. In early October,the DPP's new (but previous employed)policies were Instances of KMT arrogance were fed this view,including some officials put into practice in a very overt fashion.Party activists in the Legislature stating in public that former president Chen should be executed.Also there assaulted Health Minister Yeh Ching-chuan in a dustup over unsafe food were indications the lines between the government and ruling party (the imported from China.Later in the month the DPP organized a rally in KMT)were blurring.In mid-July,in what some viewers saw as an effort at Taipei to demand President Ma resign over concession he made to China damage control,President Ma apologized for the KMT's authoritarian past, during talks on cross-strait commercial relations.48 noting that during that time three to four hundred thousand had been killed The big test for the DPP's tactics came when Zhang Mingqing,vice or disappeared.9 chairman of the Association for Relations Across the Taiwan Strait,a semi- Finally,the KMT was divided internally by disagreements over both official organization in China established to maintain relations with Taiwan, leadership and policies.There was an on-going power struggle between the arrived in Taiwan to attend an academic seminar.Pro-independence DPP KMT-controlled executive and the KMT-controlled legislative branches of activists quickly confronted him.In front of television cameras one of them government and between the legislative speaker Wang Jin-pyng and Presi- shoved him to the ground knocking off his glasses.He was later treated by a dent Ma.40 Bolstering Wang's position many KMT legislators (and certainly doctor for a back muscle injury.Premier Liu Chao-shiuan and Lai Shin- DPP legislators)did not want the Legislative Yuan to become a rubber yuan,chairwoman of the Mainland Affairs Council,condemned the violence stamp body for the Ma administration.This showed up in the budget proc- saying it hurt Taiwan's democratic image.50 ess (not perfunctorily approving it as was usual),President Ma's effort to It was forthwith revealed that Chen Shui-bian helped orchestrate the as- control corruption by amending the Punishment for Corruption Act (not sault to shift the focus of attention away from his crimes by stirring up local passed),Ma's appointments(which legislators said took politics into consid- nationalist sentiment and ill feelings against China.Chen had told reporters eration too little and were too much aimed only at getting the best person for that Chen Yunlin,Zhang's boss and who was scheduled to visit Taiwan soon, should be arrested "because he is a communist bandit."Chen then asserted mewith China (which playcd into the hands of DP that Zhang deliberately came to his hometown and this was "equivalent of a provocation."52
Introduction Introduction 9 But DPP chairwoman Tsai expressed remorse over the incident,seem- feared he would collude with witnesses.As he was taken to the Taipei Dis- ingly contradicting Chen's position.A former DPP legislator,Shen Fu- trict Court in handcuffs,which critics said was to publically demean him, hsiung,said that China had earned sympathy over the incident.Several local Chen was defiant.He shouted "political persecution,judicial persecution, papers reported that Taiwan looked bad and had hurt its negotiating position vis-a-vis China because of the incident.3It was quite obvious that the DPP Taiwan jiayou (keeping going)."Chen told onlookers that he was"going to Taiwan's Bastille"and that"they can imprison me physically,but they can- was at war with itself regarding Chen Shui-bian's crimes and his role in di- not control my mind."He even told reporters the KMT and the Communist recting the party's future. Party of China see me'as their number one prisoner,declaring"Ma Ying- The next month,Chen Yunlin,chairman of ARATS,visited Taiwan to jeou wants to put me in jail to appease China."He also yelled:"Long live negotiate several issues,including better transportation routes across the Taiwan Strait that the business community in Taiwan had long backed.34 In Taiwan democracy.Long live Taiwan independence. Chen and his supporters were clearly playing the "victim card"while advance of the trip,the DPP organized a protest demonstration in Taipei equating the KMT's goals with those of the leadership of China,i.e.the in- during which many threw stones and bottles at police,resulting in dozens of corporation of Taiwan.They also connected protecting Taiwan's democracy injuries.The protestors accused President Ma of "selling out"Taiwan, while labeling him a "traitor."DPP chairwoman Tsai blamed the govern- with its independence while portraying the KMT as not representing"ative Taiwanese." ment,but a poll taken at the time showed that 19,000 respondents blamed her for the melee and only 5,000 blamed President Ma.56 Another poll When Chen was taken to court,outside the courthouse Chen's oppo- nents clapped and yelled,"long live Taiwan's judiciary."Some lit firecrack- showed that two-thirds of respondents approved of the talks,which were ers in celebration.The KMT took the position that it was preserving Tai- seen as succoring Taiwan's economy.The media reported that DPP activ- wan's democratic polity by upholding the Constitution and the law.Clearly ists had offered cash rewards for anyone who could hit the Chinese official the gulf widened on the issue of who was preserving Taiwan's democracy: with an egg and that local politicians who planned to run for office in com- whether Chen had advanced it (and still would),whether the DPP without ing months were trying to get their name in the press.s8 Chen would do a better job,or whether the KMT under Ma was a better More important,the media in other countries in East Asia did not treat overseer. the opposition DPP with much sympathy.Most blamed them.The Korea Before the year ended,Chen and his wife,his son and his daughter-in- Times,for example,noted that the negotiations for the agreements made by law and thirteen others was indicted on corruption charges.In response a President Ma and that the opposition assailed were actually initiated by Chen DPP spokesman,Cheng Wen-tsang stated,"the party must rethink its core Shui-bian,and that the term"Taiwan region"that DPP spokespersons had values of integrity,diligence and love for the land."Lin Tso-shi,a former criticized Ma for using was in the Constitution.The paper called the accusa- DPP legislator and a well-known advocate of Taiwan's independence, tion that Ma was selling out the country "irresponsible and inflammatory" opined that Chen's personal immortality and corruption have impeded the and "unsubstantiated by evidence"and said that Taiwan's democracy had independence movement.DPP chairwoman Tsai urged Chen and his family reached a stage where no government could "cut a deal with the Commu- to face their moral problems.s6 Tsai's statement seemed weak,though, nists and impose it on the people."59 probably because she did not have strong support in the DPP and her public The Japan Times noted that:"Protest is one thing;disrespect for visitors opinion poll ratings were low.In contraposition,other notables supported is another."It opined that the images sent across the world do not help Tai- wan's cause.The Straits Times in Singapore noted that the Chinese visitors Chen,calling him a"national hero"and the "son of Taiwan."These included renounced Presbyterian minister Kao Chun-ming and law professor (at Na- had showed restraint and grace and China's image had improved;Taiwan's tional Taiwan University)and noted scholar Li Hung-hsi.Some called Chen had not.It cited measures taken by the DPP to ruin the trip,even though it the "hero of democracy."68 was supported by a large majority of the population according to opinion In January 2009,Chen was indicted on additional charges:extorting polls(49.9 percent versus 22 percent saying the visits would have a positive property,demanding political donations forcibly,and profiteering (relating effect with 56 percent supporting the agreements versus 16.8 percent that opposed)An artice in the paper also mentioned that Taiwan's democracy to the government purchase of land in 2004 in Taoyuan for the science park).At this juncture Chen's son Chen Chih-chung and daughter-in-law "is in danger of reversing to the era of bloody street struggles."2 pled guilty to money laundering and offered to cooperate with prosecutors. In November former president Chen was jailed on charges of corruption The pleas of the three palpably made Chen's situation worse.0 Former pre- and money laundering and held incommunicado;prosecutors said they mier(under Chen Shui-bian)and the DPP's candidate for president in 2008
10 Introduction Introduction 11 Frank Hsieh,declared that Chen should "admit his wrongdoings and show remorse to his supporters." vant fact about the judicial system was that the KMT and other parties not In February,Chen's wife,Wu Shu-chen,pled guilty to money launder- aligned with the DPP frequently complained that the Chen administration ing.Chen went on a hunger strike again saying he was innocent and the coerced judges to make many decisions during the period from 2000 to charges made against him were politically motivated.He claimed that the 2008.80 Finally,Taiwan's judicial system was seriously undermined when activ- Chinese government was behind the legal actions against him because it hated him.Taiwan's High Court at this time ruled that he had to stay in ists threatened the life of Judge Tsai Shou-hsun(the judge who ruled on the detention and could not be offered bail.DPP supporters broadcast even Chen case)and his relatives and other judges.Judge Tsai's home was spray more loudly their view that the Taiwan's judicial was manipulated by the painted with obscenities and words such as Tsai"deserved to die."Subse- KMT and was biased against Chen.Again Chen supporters used the victimi- quently a number of judges from the poll of judges to hear such cases de- zation tack. clined to be picked.This appeared to be an effort by the opposition to in- timidate legal authorities;in any case,it had that effect. Notwithstanding the validity and strength of the charges against him, DPP supporters continued to portray the prosecution's handling of the Chen remained a party icon.Many DPP members and supporters saw him as Chen case as judicial tyranny and counter to Taiwan's democracy.Chen's the target of KMT retribution and the strongest voice against China's ex- supporters,charged that the country's democratic system was being under- panding influence over Taiwan.In short,even in the midst of overwhelming mined and that the Chen era saw Taiwan democratize and that progress was evidence that Chen was guilty of corruption and various related charges,an estimated fifteen to twenty percent of his party took his side.74 now being reversed.The DPP blamed the alleged unfair workings of the legal system with Taiwan's "failing democracy"and linked the two to In September,Chen was convicted of the charges against him and given a life sentence.His wife also received a sentence of life in prison.Chen's doubts about Taiwan keeping its sovereignty son received two and one-half years and his daughter-in-law one year. The political situation in Taiwan at this time may be described as mir- roring a severe polarization of views on the legal proceedings against Chen. Prosecutors said Chen had diverted millions from a presidential fund and The KMT and its supporters viewed the evidence against Chen as clear and had received nine million in bribes.Chen contended the punishment was for unimpeachable.Charging him and punishing him was thus simply fulfilling is supporting Taiwan's independence when he was in office.He accused Ma Ying-jeou of putting him in jail"as a sacrifice to appease China.75 Chen provisions in the law and the Constitution.Doing so,moreover,would clean up Taiwan politics and contribute to it's the health of its democratic system. supporters characterized the sentence as overly harsh;they declared that They also perceived that the legal system was working,as it should;it didn't such punishment had never been applied to a former president. Meanwhile,the Western media and some noted Western scholars criti- during the Chen presidency.The DPP,especially supporters of Chen Shui- cized Taiwan's legal system for not being impartial.They and many DPP bian saw the legal action against Chen as persecution and as motivated by supporters in Taiwan complained that because judges are recruited through efforts to get even with him and to make China,who allegedly hated him, an official examination they are beholden to the ruling party.Other critics happy.They,like the KMT,argued that Taiwan's democracy was at stake, but said this was because Chen had consolidated democracy.Both sides said the judicial branch of government is not strong enough or independent enough of the other branches of government (i.e.weak checks and balances). connected the matter to Taiwan's sovereignty to its democracy,with the DPP and Chen supporters saying that the KMT would sacrifice Taiwan and One problem was that Taiwan has been in transition between a judge-based the KMT arguing that its sovereignty depended on Constitutionalism and the inquisitorial system(the German model)and an attorney-based system (like system political system working in an orderly manner.The two sides were at the United States),which confused observers as well as those working in the system.77 a face-off. Who was right?Of course,Taiwan has to be sovereign in order to be On the other hand,it was a pro-Chen Shui-bian,pro-DPP prosecutor, Eric Chen,who made the legal case against former president Chen's wife democratic.China's rule of Taiwan would most likely nullify or at least set when Chen was still president."Not only had Prosecutor Chen been a sup- back its democratization;to the DPP it most assuredly would.But there is a serious problem with this argument.It is essentially this:Outside of Taiwan, porter of Chen Shui-bian,he was highly respected in legal circles in Taiwan who cares?A second problem is:Can the DPP argue convincingly that the for his integrity and efforts to wipe out corruption.He was a founder of the Prosecutors Reform Association and had been instrumental in bringing to Ma administration is destroying Taiwan's democracy?Both are very salient court a number of important cases on political malfeasance.Another rele- questions
Introduction Introduction 13 Other nations in Asia,and/or throughout the world for that matter,have Later Bush administration officials became extremely distraught with not shown much respect for Taiwan's democratization,regardless of how President Chen for provoking China and possibly precipitating a crisis in the impressive it had been.Japan and the nations of Westem Europe are cer Taiwan Strait at a time America was fighting terrorism and was preoccupied tainly not committed to help Taiwan because it is democratic.The United with wars in Afghanistan and Iraq.U.S.displeasure with Chen evolved into Nations had never demonstrated any intent to protect Taiwan's democracy anger prompting the United States to issue ster warnings to President Chen. notwithstanding the fact self-determination is one of its founding principles. Secretary of State Colin Powell even declared at one point,apparently to In fact,it essentially denies Taiwan has sovereignty.Thus whether Taiwan is send a message,that Taiwan does not possess sovereignty.The State De- democratic or not has little if anything to do with its sovereignty at least as partment came to regard Chen's Taiwan as a loose cannon and conveyed this perceived by people or governments outside of Taiwan.85 view to other agencies of the U.S.government,including the military and Only members of the DPP,and more particularly Chen supporters,es- the intelligence community.President Bush even used harsh language to pouse this position to any meaningful degree.The KMT takes the view that describe President Chen.4 President Ma is dealing with China to improve cross-strait relations in order China,of course,reviled Chen for his calls for independence and for ig- to prevent a war,which imperiled Taiwan during the Chen era,and that it is noring agreements that created a"working relationship"-meaning,in par- pursuing policies that will obviate Taiwan's economic or any other kind of ticular,the99Consensus"reached with China before his presidency. isolation.According to KMT spokespersons,these policies will preserve Chinese leaders frequently assailed Chen and his administration with hostile Taiwan's sovereign status.President Ma has consistently said he has no in- words,which the U.S.State Department duly noted and often repeated. tention of negotiating away Taiwan's sovereignty any many scholars support However,there is another possibility in terms of what Chinese leaders him noting that the world's recent historical trend is toward separation,not thought of Chen Shui-bian:They liked him.Why?Because he did severe union.87 damage to Taiwan's economy and thus made Taiwan more dependent upon But are these arguments really germane?Looking realistically at the China economically.Many Chinese leaders at the time perceived that the question of Taiwan's sovereignty,the unvarnished truth is that it singularly way to deal with Taiwan was through economic incentives,and disincen- depends on the United States.If the U.S.were to decide that Taiwan was not tives if necessary,not war or threats of war.Second,President Chen advo- worth defending or that doing so constitutes too big a risk in terms of U.S.- cated the furtherance of Taiwan's democracy.But his governance was cha- China relations,Taiwan would have little recourse but surrender and be in- otic,which caused fewer and fewer in Asia as well as China to think of Tai- corporated by China forthwith.Most experts calculate that that Taiwan can wan as a democratic model.Thus there was shrinkage in the number of sup- defend itself for only a matter of hours or a few days due to China's prepon- porters in China of political modernization Taiwan-style.Finally,as just derance of military might.Few in Taiwan do not realize this,though many noted Chen literally wrecked relations with the United States.Since,as do not want to think about it since it means that Taiwan does not,and cannot, stated,America holds the key to Taiwan's future,notably whether it remains control its own destiny.But this is the truth.90 Furthermore,it is quite clear to most in Taiwan that when he was presi- sovereign or ot,China won a big advantage In any case,after Chen Shui-bian left the presidency,U.S.officials dent Chen Shui-bian seriously soured relations with the United States, breathed a big sigh of relief.National security experts downgraded the thereby weakening Washington's desire and probably its will to support and Taiwan Strait from the number one flashpoint in the world.U.S.-Taiwan protect Taiwan.This decreased the odds of Taiwan remaining sovereign. relations improved markedly. In other words,Taiwan's"democratic hope"(the expectation other countries However,there is doubt about whether this policy shift will be sustained would support it because it was a democracy)for maintaining its sovereignty and Washington will resume its strong commitment to take military action to waned because of President Chen's strained relations with the United States. protect Taiwan if needed,and,therefore,to ensure its sovereignty.There are Early on the main issues were the Chen administration undermining the ca- good reasons to think the Obama administration is less likely to guarantee pabilities of Taiwan's military and intelligence agencies.(Chen and his advi- Taiwan's security.During the campaign,candidate Obama did not address sors perceived that both were staffed and led to a large extent by Mainland the issue (in contrast to Senator John McCain who pledged the use of U.S Chinese that were supporters of the KMT and thus their enemies and pro- support toTaiwan)Candidate Obama rather advocated the restrained and ceeded to purge them).The result was that the U.S.saw the Chen admini- less frequent use of U.S.military power and less aggressive U.S.policies stration as playing the"race card"for its own political benefit while abdicat- throughout the world.This was not unnoticed in Taiwan.He indicated ing its responsibilities as a trustworthy U.S.ally.2
14 Introduction Introduction 15 concern over America's bad reputation (as a bully).He noticeably focused Hence the Congress and the American people have something at stake.This very little on Asian matters.102 will no doubt impact decisions whether the United States should be commit- President Barack Obama has adopted policies that require vast spending: ted to Taiwan and protect it against China's use of military force or pressure on stimulus,energy policy (connected to pollution and global warming), and thus support its sovereignty. health care,and wars in Irag and Afghanistan.The costs of these policies has While it has been argued above that whether Taiwan is a democracy or caused the U.S.to become dependent on China for financial help,thus sig- not is less relevant than many in Taiwan presume (especially the DPP),it is naling the U.S.might not maintain America's policy of checking China's still an important question.Thus,to what extent President Chen and his ad- ambitions toward Taiwan or underwriting the latter's security and supporting ministration advanced the process of democratization,or not,in Taiwan dur- its sovereignty.03 ing the period 2000 to2008 is a vital matter.In the chapters that follow,the Adding to the growing apprehension in Taiwan about U.S.security writer will assess whether Taiwan democratized during the time when Chen guarantees,when in China in November 2009,President Obama signed a Shui-bian was president and trends since his presidency. joint statement with the Chinese government that acknowledged Taiwan was a Chinese"core interest"(which to most readers is understood to refer to a Notes territorial claim on Taiwan).04 He did not mention Taiwan's status or its future being a U.S.interest.He restated support for the "three commu- 1.For a summary of this and previous elections,see John F.Copper, niques"that were said to be the bedrock of U.S.China policy:the Shanghai Taiwan's 2008 Presidential and Vice Presidential Election:Maturing De- Communique (of 1972),the Normalization Agreement (of 1978),and the mocracy (Baltimore:University of Maryland School of Law,2008),pp.3-14 August Communique (of 1982).0Observers had long described all of them For an analysis of the 2000 and 2001 presidential and legislative elections as contributing to better relations with China and not in Taiwan's interest.0 that brought President Chen and the DPP to power and the "consolidation" (The Normalization Agreement stated that Taiwan is a part of China.)Presi- of Taiwan's democracy,see John F.Copper,Consolidating Taiwan's De- dent Obama did not cite the Taiwan Relations Act (of 1979),which in es- mocracy (Lanham,MD:University Press of America,2005).For an as- sence gave Taiwan back its sovereignty in the eyes of the U.S.(after the sessment of how the election impacted U.S.foreign policy,see Kerry Dum- Normalization Agreement took it away)and which is considered to favor baugh,"Taiwan's Legislative Elections,January 2008:Implications for U.S. Taiwan and support its right of existence.107 Policy,"Congressional Research Service,January 22,2008.For a general Congress,which penned the Taiwan Reactions Act and made it law and assessment of the election and its implications,see Jacques deLisle,"E- has since then been protective of Taiwan,is less so now.Republicans,who Notes Kind of Blue?:Implications of Taiwan's 2008 Elections,"Foreign have been more favorably disposed toward Taiwan than Democrats (even Policy Research Institute,January 2008 (online at www.fpi.org). though the Democratic Party was in a majority when the TRA was enacted 2."Chen Steps Down as DPP Chairman,"Taiwan News,January 13, and its leaders were the forced behind it)are in a minority.Finally,Congress 2008(online at taiwannews.com). has been preoccupied with other matters to the extent that is has been paying 3.Some DPP leaders contended the defeat was attributable to the new little attention to Taiwan.All of this is not good news for Taiwan. electoral system put in place before this election.But analysts showed this In this milieu,Ma Ying-jeou and the KMT arguably can better protect instead hurt mainly third parties or smaller parties and independents.Any- Taiwan's sovereignty than the DPP because he can deal more effectively way the DPP had long propounded a change in the method of electing offi- with the United States.Ma and those in his administration understand the cials and had supported this reform.Factional differences in the party U.S.better.Ma was educated in the U.S.and has maintained good relations seemed to also be a factor,but a good part of the reason for this was the with many American officials in the State Department and elsewhere.10s president's sullied image and bad reputation.See Copper,Taiwan's 2008 KMT officials have considerable experience in working with the U.S.coun- Presidential and Vice Presidential Election,pp.10-13. terparts as evidence by the quality of Taiwan's diplomacy in the past(before 4.Taiwan has had direct presidential elections only since 1996.The Na- the Chen administration came to power) tional Assembly elected previous presidents indirectly. In this context the issue of Taiwan democratizing,or failing to do so, 5.See Copper,Taiwan's 2008 Presidential and Vice Presidential Elec- during the Chen years is a salient one.The details are also important.The tion,pp.80-88.Poor governance was also cited.So was the election of 2004 United States was Taiwan's mentor during the initial stages(before the Chen that gave Chen and his running mate Annette Lu a second term.During the era)of Taiwan's political modernization.America was Taiwan's model. 2004 election campaign Chen and Lu were shot the last day of the campaign
16 Introduction Introduction 17 which arguably gave them a victory they would not otherwise have attained. 11.See Richard C.Bush,Untying the Knot:Making Peace in the Tai- This lead to accusations that the shooting was faked or staged.Thus this wan Strait(Washington,DC:Brookings Institution Press,2005),p.34. election did not fade into history,the suspicious nature of the police "solv- 12.See Copper,Taiwan's 2008 Presidential and Vice Presidential Elec- ing"the case added to that while impacting this election. tion,p.65. 6.See Copper,Consolidating Taiwan's Democracy,pp.145-48 13.Ibid.,p.77.Also see chapter 4. 7.Ibid.It is also worth noting that a number of scholars have argued 14.This writer was in Taiwan at the time of the election and after and that a second turnover of ruling parties is better evidence of the consolida- heard talk among DPP leaders about reform.The discussions,however,gen- tion of a democracy than a single time.Samuel Huntington is one of these. erally lacked specifics. This point is discussed further in chapter 4. 15.In the opinion polls at this time the DPP registered but an 18 percent 8.See Copper,Taiwan's 2008 Presidential and Vice Presidential Elec- approval rating.See Keesing's World News Archive 2008,p.48587. rion,pp.52-60.Expressed differently,one observer compared Taiwan to 16.It needs to be recalled that Ma was regarded as one of the least cor- Eastern Europe where"after the initial euphoria of democracy wore off,dis- rupt of any official,perhaps the least,early in his career.When he was Min- illusioned and exhausted voters seemed to be overtaken by a dose of authori- ister of Justice during Lee Teng-hui's presidency he jailed a large number of tarian nostalgia."See Thomas Gold,"Taiwan in 2009:My Kingdom for a politicians for vote buying and other corruption.In fact,some say he was too Horse,"Asian Survey,January-February 2009,pp.92-93. clean and was removed from his job because of that.During the Chen era 9.Taiwan's population is comprised of four ethnic groups:Fukien Tai- Ma was accused of misusing government money but was exonerated,while wanese (Chinese who migrated to Taiwan from Fukien,or spelled Fujian in polls indicated overwhelmingly that he was innocent.See "Ma's Popularity China,Province,mostly several generations ago),Hakka(a minority group Goes Up,Despite Corruption Indictment,"Agence France Presse,February in China,although Chinese,who do not have a province migrated to Taiwan 14,2007 (online at taiwansecurity.com).After he was elected president Ma mostly from both Fukien and Guangdong provinces),Mainland Chinese warned KMT members about engaging in corrupt activities,proposed legis- (who came to Taiwan after World War II,but mostly in 1949 with Chiang lation to deal with corruption more harshly,and kept a tight ship in the Kai-shek when he was defeated in the Chinese Civil War by Mao and the Presidential Office. Communists and who hail from various parts of China but more from the 17.This point is discussed in chapter 2 southern coastal areas of China),and the Aborigines (who are the original 18.See T.Y.Wang,"Economic Rationality and National Security:Tai- population of Taiwan,or at least this is assumed).The Fukien Taiwanese wan's New Government and the Global Economic Recession,"Asia Pro- make up 65 percent of the population or more.The Hakka and Mainland gram Special Report (Woodrow Wilson International Center for Scholars), Chinese are each around 15 percent.The Aborigines are around 2 percent. October 2009,p.15. There are,of course,many people who are mixed.Both the Fukien Taiwan- 19.According to a number of writers,independence was the main theme ese and the Hakka engaged in hostilities with the Aborigines from the time of the Chen era. they arrived in Taiwan until recent times.The confrontations between the 20.For an explanation of this point,see Alan M.Wachman,Taiwan: Hakka and the Aborigines were more frequent since the Fukien Taiwanese National Identity and Democratization (Armonk,NY:M.E.Sharpe,1994),p. took the best land near the coast,often from the Hakka,forcing them to live 229. in areas closer to the Aborigines who mostly populated the mountainous area 21.In mid-2008,former President Chen's daughter remarked to the DPP of Taiwan.The Fukien Taiwanese and the Hakka often engaged in ethnic when Chen was accused of corruption:"Which of you didn't take money violence over land and other issues;and there was considerable ethnic ill from my father?The DPP's legislative caucus leader,Ker Chien-ming,said will between the two groups.The Mainland Chinese took over the govern- in response:"Everything she said was true."It was reported in the media ment of Taiwan and took most of the jobs in education and other public af- that Chen had two years earlier financed the Support A-Bian Movement with fairs at the end of World War II and discriminated against the other groups, NT$7 million to counteract the Red Shirt Army's Anti-Corruption,Anti- though relations were better with the Hakka and the Aborigines. Chen Shui-bian Movement and was rumored to have financed the Taipei 10.See John F.Copper,"The Taiwan Factor in U.S.-China Relations," Society's anti-Ma protest march on August 30,2008.Some observers stated in Suisheng Zhao (ed.),China and the United States:Cooperation and Com- that Chen had long combined Taiwan independence and democracy with petition in Northeast Asia (New York:Palgrave/Macmillan,2008),pp.171- money.For details,see "Chen Shui-bian's Magic Act:Win or Lose,Get 193. Rich Quick,"United Daily News,September 4,2008 (online at datelinetaipei
18 Introduction Introduction 19 blogspot.com).There were rumors in Taiwan at this time that Chen had bil- for vote buying and other crimes angering many and generating threats lions of U.S.dollars in Japan,Switzerland and some Pacific island countries against him. and could finance DPP candidates in many future elections.The government 34.During the campaign Ma promised a "6-3-3"improvement in the of Switzerland did provide some information.Japan did not. economy:6 percent annual GDP growth,US$30,000 per capita income and 22.Tsai joined the DPP in 2004 at which time she was nominated to be below 3 percent unemployment,He,of course,was not able to realize these a legislator-at-large and joined the legislator.In 2006,she was nominated goals.For details,see "Mirror,mirror on the wall;Taiwan's economy," vice premier and served concurrently as chairperson of the Consumer Pro- Economist,February 14,2009,p.52. tection Commission.She was never elected to high office. 35.On January 1,2010 the ASEAN-China Free Trade Agreement went 23.It is also worth nothing that Hsieh had pledged during the election into effect,rivaling the European Union and the North American Free Trade campaign to retire from politics if he lost and repeated that promise after the Association.The organization,eight years in the making,has seen trade be- election. tween them increase at a rate of 20 percent annually.The new organization 24.For details on the DPP's leadership situation at this time,see "Rul- will account for $4.3 trillion dollars in trade with the rest of the world,or ing DPP to kick off meeting on post-poll reform,"China Post,March 31, 13.3 percent of all global trade.The "bloc"will be expanded to include Ja- 2008(online at chinapost.com.tw). pan and Korea later.Taiwan will be left out. 25."Chen named defendant in special affairs fund case,"Taipei Times, See Stephen Coates,"ASEAN-China open free trade area,"Agence May 21,2008 (online at www.taipeitimes.com). France Presse,January 1,2010.Also see "Strait Talking,"Economist,De- 26.Chen's wife,former first lady Wu Shu-jen had been indicted in No- cember 30,2009 (online at economist.com).It is noteworthy in this context vember 2006 on corruption and forgery charges.The prosecutor said at the that Taiwan's annual GNP growth during the Chen era of 4.1 percent com- time that Chen was suspected of graft and forgery,but could not be indicted pared to China's 9.9 percent and its equity market rise of just 2 percent dur- because of presidential immunity,though would be as soon as he left office. ing Chen's eight years in office compared to China's 152 percent increase. 27.Ko Shu-ling,"Chen says he will not criticize Ma,but Lu says she See Donald H.Straszheim,"Taiwan's Fresh Start,"Forbes Online,April 7, plans to,"Taipei Times,May 22,2008,p.3. 2008 (online at forbes.com). 28."Chen to file suit against defense minister:Hsu,"Taipei Times,May 36.Three years into the Chen era,half of Taiwan's large firms had in- 24,2008,p.1. vested in China,many in manufacturing subsidiaries.Three quarters of Tai- 29."DPP opposed to Wu's China visit,Lai says,"Taipei Times,May 26, wan's outward investment was going to China and there were hundreds of 20087,p.3;"Ma's great cross-strait giveaway,"(editorial),Taipei Times, thousands of Taiwan's citizens working in China.During the previous Lee May30,2008,p.8. Teng-hui presidency there were rather strict restrictions on doing business 30."DPP chair plans grassroots tour,"Taipei Times,May 28,2008,p.3. with China.See Chu Yun-han,"The Political Economy of Taiwan's Identity 31.In new democracies citizens are more easily disillusioned when Crisis:Implications for Northeast Asia,"(Paper presented at a conference on elected officials do not do as they promised during the campaign.Taiwan is Nationalism and Globalism in Northeast Asia,Asia Research Center,Lon- clearly a new democracy in this sense.This point is discussed further in don School of Economics,May 12,2007). chapter 4. 37.Martin Jacques,When China Rules the World:The End of the West- 32.Ma's ratings in the polls fell from 60.5 percent approval in April to ern World and the Birth of a New Global Order(New York:Penguin Press, 24.9 percent in September.See Global Views Survey Research Center,news 2009),p.282.The author notes that China is an important market for every release number 268,October 2008,cited in Gold,"Taiwan in 2008,"p.94. country in the region and will soon be the largest market for all countries in 33.The DPP had long portrayed Ma as genteel but lacking in resolve East Asia. and toughness to counter his better education,looks,etc.One writer even 38.This charge became a more serious one when President Ma was noted that Ma is from a"family of women."(Ma has four sisters and two elected chairman of the KMT in 2009.See Parris Chang,"KMT Change of daughters.)See "An emphatic win for the Kuomintang's Ma Ying-jeou," Guard:Ma's Power Play in Taiwan Politics,"China Brief,July 23,2009. The Economist Online,March 23,2008(online at theeconomistonline.com). 39.Keesing's Record of World Events 2008,p.48693 This,of course,ignores the fact Ma was one of the toughest minister of jus- 40.Ma and Wang Jin-pyng have long been competitors if not antago- tice in Taiwan's recent history and put a large number of politicians in jail nists.In 2005,Wang made a bid to be KMT party chairman,but lost to Ma. The contest was bitter.In a run-up to the 2008 presidential election Wang
