Kharis Templeman
中文姓名:祁凱立
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Book Review: Taiwan and International Human Rights

3/15/2022

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 I recently had the privilege of reading and reviewing for China Quarterly a massive new volume on the role of international human rights conventions and their importance for Taiwan.

The editors are all major figures in their own right. Jerome Cohen is legendary for taking up the study of Chinese legal systems during the 1950s and 60s, when nobody else thought there was much point to it, and he was a professor to both Annette Lu and Ma Ying-jeou at Harvard in the 1970s. His opening chapter recounts some of his personal history pushing back against Taiwan's martial-law-era criminal justice system, and there are some eye-opening anecdotes in there. I did not know, for instance, that Cohen was instrumental in bringing a civil lawsuit in a Taiwanese court against the the killers of Henry Liu, and that he worked with future Kaohsiung mayor and DPP presidential candidate Frank Hsieh 謝長廷 to bring pressure on the KMT regime through its own court system.

William Alford and Chang-fa Lo are no slouches, either; Alford is a vice dean and director of East Asian Legal Studies at Harvard. Chang-fa Lo 羅昌發 was Dean of National Taiwan University Law School and served as a justice of the ROC Council of Grand Justices, Taiwan's constitutional court, from 2011-2019 (as a Ma Ying-jeou appointee). In 2020 he was appointed Taiwan's representative to the World Trade Organization by Tsai Ing-wen. So during his years of public service he has managed to receive support from both the blue and green camps.

Between them, they have assembled an extremely impressive group of legal scholars and practitioners to contribute 37 chapters on many aspects of human rights law in Taiwan. The authors are also a welcome mix of Taiwan- and overseas-based experts. This kind of international, English-language collaboration is hard to pull off, but the payoff comes from having Taiwanese voices featured prominently throughout the volume and a truly original set of sources and scholarship on this topic.  

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I note in my review several things that make Taiwan's human rights regime unusual.

First, because of its diplomatic isolation, Taiwan isn't party to the key UN human rights conventions and treaties, but despite (because?) of that isolation, international law has been especially influential in the transformation of the human rights regime. For instance, in 2009 (when the KMT was the ruling party), the Legislative Yuan adopted into domestic law the two major human rights covenants, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and empowered Taiwan's courts to nullify other legal statutes inconsistent with provisions in the two treaties. Several chapters also focus on the efforts to turn the Control Yuan into a human rights commission or ombudsman that would give it a role more in line with international practices in other liberal democracies.

Second, Taiwan's legal system still rests on the foundations of the 1947 Republic of China constitution. In a rather odd twist, the protections for human rights enshrined there were actually quite advanced for its time, and that has helped to strengthen civil liberties in the democratic era. In particular, the survival of the ROC constitutional framework gave the constitutional court an outsized role in shaping the pace and direction of human rights reforms: in the 1990s, the court began to breathe life into constitutional aspirations that went mostly unfulfilled during the pre-democratic era and set legal practices and protections on a more liberal trajectory.

Third, Taiwan's current legal system is a remarkable mix of at least three very different traditions:  Chinese Confucianism; European continental law (much of that itself first refracted through Japanese practice before coming to the ROC, or directly to Taiwan during colonial rule); and Anglo-American practices, most notably in the applications of US First Amendment jurisprudence to libel and free-speech cases. It is a truly unique concoction of influences, and as a result it is fascinating to watch debates over legal reforms play out there now.  

I came away from this book convinced that in addition to the economic and political "miracles" that get most of the attention in scholarship on Taiwan's ROC-era transformation, there is also a human rights miracle that deserves separate consideration. Taiwan and Human Rights will be an important reference for anyone interested in Taiwan's evolution from a serial violator of human rights to one of its most enthusiastic proponents. ​
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TDP Seminar: Ashley Esarey

2/13/2015

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On February 20, the Taiwan Democracy Project will host Ashley Esarey, a research associate at the China Institute at the University of Alberta. His talk is entitled, "Communication Power and Taiwan's Democratization." The full abstract is below. The talk is free and open to the public; you are encouraged to RSVP at the event page here.

Professor Esarey received his Ph.D. in Political Science from Columbia University and was awarded the An Wang Postdoctoral Fellowship by Harvard University. He has held academic appointments at Middlebury College, Whitman College, and the University of Alberta, where he is an instructor in the departments of East Asian Studies and Political Science. Esarey has written on democratization and authoritarian resilience, digital media and politics, and information control and propaganda. His recent publications include My Fight for a New Taiwan: One Woman’s Journey from Prison to Power (with Lu Hsiu-lien 呂秀蓮) and The Internet in China: Cultural, Political, and Social Dimensions (with Randolph Kluver).


Communication Power and Taiwan's Democratization

In 2010-2011, the "Arab Spring" brought unexpected revolutions to many Middle Eastern and North African countries. Why did these seemingly invincible regimes fall, while China remained durably authoritarian? Many observers credited global media for the political transformations. While the hopes of Arab Spring democracy have proven to be fragile or short-lived, we can effectively explore the relationship between political communication and regime stability by turning our attention to Taiwan’s remarkable democratization, which remains under-appreciated by the international community.

This talk considers political communication in Taiwan from the martial law era to the heady days of democratic activism beginning in the late 1970s and lasting till the 1990s. Professor Esarey argues that the Chiang Ching-kuo administration’s diminishing capacity to control a small but influential opposition (dangwai) media, and even mainstream newspapers, gradually permitted reformers to reframe debates, reset the political agenda, and challenge state narratives and legitimacy claims. 

When viewed in comparative perspective, Taiwan’s successful democratization suggests that seeking regime change is impracticable, and even perilous, without considerable and sustainable media freedom as well as opportunities for the public to advocate, evaluate, and internalize alternative political views. A balance of “communication power” between state and societal actors facilitates a negotiated and peaceful transition from authoritarianism.

 

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This Week in Taiwan: Catching Up

12/13/2013

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Programming note: I'd like to do this feature weekly, but my other work duties have kept me from posting on Taiwan events for the last couple of months.  I hope to be back at it starting next week.  In the meantime, here are a few notes on events in domestic politics since the last post in October.      

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Premier confidence.  On October 15, a formal vote of no confidence in premier Jiang Yi-huah (江宜樺) failed in the legislature, with 67 of 112 legislators voting against the motion (1 seat is currently vacant).  No big surprise here at the result, as the KMT holds 65 seats.  There were no defections from the party, demonstrating the KMT's ability to enforce party discipline on critical votes despite the failed attempt to purge speaker Wang Jin-pyng (王金平).  In fact, Premier Jiang paid a visit to Speaker Wang shortly after the vote to thank him for his support in keeping the caucus unified.  Voting with the KMT caucus were two independents, Kao Chin Su-mei (高金素梅) and Chen Hsueh-sheng (陳雪生).    

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Takin' it to the streets.  The regular protests and demonstrations to call attention to the cause du jour near the Legislative Yuan continued over the last month.  One issue getting a lot of attention: gay marriage.  On October 25, a bill  introduced by DPP legislators that would revise the Civil Code to allow same-sex marriage was referred to the Judicial Affairs Committee for review and possible first reading.  The issue has triggered competing demonstrations in downtown Taipei, including a gay pride parade on October 27 and a counter-demonstration opposing the bill on November 30.

Taiwan has a reputation as being fairly tolerant towards homosexuality, contrasting favorably with Japan, South Korea, the Philippines, Hong Kong, and especially mainland China, and if the bill passes, it would make Taiwan the first country in Asia to legalize same-sex marriage.  So the sizable turnout for the anti-gay-marriage protest has attracted a lot of international coverage, including pieces in the Economist and AFP, as well as U.S.-based advocates on both sides of the issue.  Perhaps less well-known is that Taiwan has a significant Christian community, estimated at between 4-5% of the population, that has played a disproportionately large role in Taiwan's post-war political history.  Christian evangelical churches, a newer phenomenon in Taiwan, played a central role in organizing the counter-demonstration, as this blog post details.

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An old horse knows the way (老馬識途).  DPP party nomination contests continue for local mayor and county executive races, due to be held in December 2014.  The biggest to be decided so far is in New Taipei City, where former premier Yu Shyi-kun (游錫堃) won the nomination after his main competition, county party chief Lo Chih-cheng, withdrew, complaining of an "unfair polling mechanism."  (The DPP has long used telephone polls as a central part of its nomination procedure, as this article by Dafydd Fell details.)  Yu is not exactly a fresh face for the DPP, having previously served as Yilan County executive, premier, and DPP chairman.  Given that New Taipei City leans slightly blue, the party probably hurt its chances here:  a younger candidate who does not carry baggage from the Chen Shui-bian era would be better positioned to attract swing voters than Yu.  

The battle over nominations is also uncovering old factional fault lines within the DPP.  Especially striking is the success of the New Tide faction (新潮流派系)--the nominees for Pingtung, Changhua, Nantou, and Yunlin Counties all have ties to the faction, and another New Tide member, Tsai Chi-chang (蔡其昌), is battling for the nomination in Taichung City.  

The DPP's nomination for Taipei City has yet to be decided, but Wellington Koo (顧立雄) is drawing endorsements from many New Tide members as well.  He's going up against another "old face" in the DPP: former vice president Annette Lu (呂秀蓮).  The best candidate the DPP could run, according to polls, is National Taiwan University physician Ko Wen-je (柯文哲). There's only one problem: Ko is not a party member, wants to remain independent, and recently called the DPP "chaotic and dangerous", while at the same time looking increasingly likely to run.  If the DPP can't persuade Ko to join the party, it will face an unpalatable choice between running a spoiler candidate and not running one at all.  The fight over the Taipei nomination has signs of being a proxy battle for the 2016 presidential nomination: current DPP chairman Su Tseng-chang (蘇貞昌 ) appears to favor Koo, while 2012 nominee Tsai Ing-wen (蔡英文) has been linked to Ko.

On the KMT side, Sean Lien (連勝文) is still polling better than anyone else and looks to have the inside track on the nomination if he wants it.  His stiffest potential challenge would probably be from current New Taipei City mayor Eric Chu (朱立倫), who might be interested in switching seats to improve his presidential prospects.

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This Week in Taiwan -- September 27

9/27/2013

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A weekly summary of political news from Taiwan.
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All eyes on me.  The biggest news of the week continues to be the attempted expulsion of Taiwan's speaker of the Legislative Yuan, Wang Jin-pyng (王金平) of the KMT, by his own party.  Wang's fate depends on the outcome of a case now before the Taiwan High Court.  On September 12 the KMT's Central Evaluation and Discipline Commission (黨中央考紀會) revoked his party membership, apparently on orders from President Ma Ying-jeou (馬英九), for alleged "influence peddling" in a court case against DPP caucus whip Ker Chien-ming (柯建銘).  Because Wang holds an at-large seat on the KMT's party list, rather than a district seat, the party action against him was expected to force him out of the legislature.  But Wang's legal team managed to win a temporary court injunction against his removal on September 13.  

For the time being, Wang retains his seat but has been barred from participating in KMT party activities.  The attempt to expel him has laid bare some serious tensions within the ruling KMT, forcing a delay in the party's planned 19th party conference that was scheduled to begin on September 29.  

Gang of Five.  A weekly policy meeting of five key figures in the KMT--president Ma, vice president Wu Den-yih (吳敦義), premier Jiang Yi-huah (江宜樺), KMT secretary-general Tseng Yung-chuan (曾永權), and legislative speaker Wang Jin-pyng--will resume, with KMT legislative caucus whip Lin Hung-chih (林鴻池) taking Wang's place.  The move is one of several that appear intended to further isolate Wang and his allies in the party and consolidate president Ma's authority, as well as improve cooperation between the executive and legislative branches. Of particular note is that Wang's allies potentially include the former vice president and presidential candidate Lien Chan (連戰) and his son, Sean Lien (連勝文).

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Can you hear me now?  Another bit of fallout from the "Ma axes Wang" (馬鍘王) affair with far-reaching political implications is the revelation that the Special Investigative Division (特別偵查組) of the Supreme Prosecutor's Office (最高法院檢察署) had been wiretapping the phones of DPP caucus whip Ker Chien-ming.  The evidence of Wang's intervention in the legal case against Ker was reported directly to President Ma, who highlighted it in his press conference announcing the party's disciplinary actions. That raises potentially troubling questions about prosecutorial independence, the appropriate use of secret wire-tapping and domestic spying, and the balance of power in legislative-executive relations.

On Wednesday, Ker got his chance to fire back when Prosecutor-General Huang Shih-ming (黃世銘) testified before the legislature.  At least one KMT legislator is not so happy about the existence of wiretapping, either.  One thing to keep an eye on is whether more KMT legislators eventually push back publicly against the executive branch, or whether the shared interest in protecting the institutional authority of the legislature is trumped by party loyalty.

Give it a shot [奪力一搏].  The elections for the five special municipalities (直轄市) -- Taipei, New Taipei, Kaohsiung, Taichung, and Tainan -- aren't until late 2014, but there's already jockeying for the KMT and DPP party nominations.  The highest-profile race is in Taipei, where the incumbent mayor Hau Lung-bin (郝龍斌) of the KMT is term-limited.  This week Wellington Koo (顧立雄), a lawyer and former advisor to the presidents Lee Teng-hui and Chen Shui-bian, confirmed he was interested in running on the DPP ticket.  Another name mentioned frequently is Ko Wen-je (柯文哲), a physician and chief of the intensive care unit at National Taiwan University Hospital in Taipei--though Ko is not currently a member of the DPP.  Former vice president Annette Lu (呂秀蓮) is also reportedly interested.  
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For the KMT, Sean Lien (連勝文) is polling well but has not stated publicly whether he will will run.  The Taipei Times reports that four others have already declared their intention to seek the KMT nomination: legislators Alex Tsai (蔡正元) and Ting Shou-chung (丁守中), and Taipei City councilors Yang Shi-chiu (楊實秋) and Chin Hui-chu (秦慧珠).

In the New Taipei City race, former DPP premier Yu Shyi-kun (游錫堃) announced this week that he would seek the party's nomination.  He joins former legislator Chuang Suo-hang (莊碩漢) as announced candidates.  New Taipei DPP party chief Lo Chih-cheng (羅致政) is also openly considering a bid.  The incumbent mayor, Eric Chu (朱立倫) of the KMT, is eligible to run again but may run for Taipei mayor instead.  He is also frequently mentioned as a leading candidate for the 2016 presidential election.

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    About Me

    I am a political scientist with research interests in democratization, elections and election management, parties and party system development, one-party dominance, and the links between domestic politics and external security issues. My regional expertise is in East Asia, with special focus on Taiwan.

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