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