3. Human Rights in Taiwan before 2000
3.1. The Martial Law period and ‘White Terror’
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3. Human Rights in Taiwan before 2000
We now move to our consideration of human rights in Taiwan. For much of the ROC’s history on Taiwan, human rights have been overlooked, undervalued and abused and as such, before looking at the contemporary situation, an overview of past events will be provided. This chapter will provide an overview of Taiwan’s historical treatment of human rights prior to the election of Chen Shui-bian. It will explore the period of human rights atrocities known as ‘White Terror’ and, the eventual easing of political oppression. The purpose of this chapter is to attempt to contextualize the social and political climate that exists in Taiwan today by providing a brief and selected historical overview. It is not the objective of this research, however, to outline a complete background. Accordingly, the focus will be on post-war history and human rights under the Japanese, Qing and earlier periods will not be addressed.
3.1. The Martial Law period and ‘White Terror’
A year before the Nationalists were forced to flee the Mainland and just six months after the ROC Constitution took effect, the Temporary Provisions abrogating much of the Constitution’s protections were introduced.1 Intended to assist in efforts to defeat the Mainland Communists, these provisions increased the President’s powers and upon the KMT’s retreat to Taiwan, they were subsequently ‘amended four times to serve the arbitrary needs of Chiang Kai-shek and his regime’.2 With the Temporary Provisions in place, Hwang, Liao and Chang state that the Constitution only served to maintain ‘a democratic façade’ and it was under this state of affairs that Taiwan’s human rights situation descended further.
On 20 May 1949, martial law was declared on Taiwan by the then Governor-General Chen Cheng ‘on the grounds that Taiwan was under imminent threat of attack from CCP forces’.3 What then did this martial law involve? It was not martial law in the strict common law sense. The enacting provisions, known as the ‘Temporary
Provisions Effective During the Period of Communist Rebellion’, established military jurisdiction over specified crimes.4 The civil law courts were not completely
1 Hwang, J.-Y., Liao, F.-T. and Chang, W.-C. 2003. Development of Constitutional Law and Human Rights in Taiwan Facing the New Century. Chiba: Institute for Developing Economies, p. 11
2 Ibid, p. 12.
3 Roy, D. 2003. Taiwan: A political history. Ithaca: Cornell University Press, p. 78
4 Hsiung, J. 1981. The Taiwan Experience 1950-1980. New York: Praeger, p. 310
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abrogated as in the case during martial law as one might suspect. It could, therefore, be likened to the concept of a ‘state of siege’ found in civil law systems. Crimes that came under the martial law provisions included offences relating to sedition and military affairs, but were actually much wider.5 Specifically, the provisions gave the military jurisdiction over such crimes as: offences against the internal and external security of the state and against public order, public safety, forgery, counterfeiting, interference with personal liberty, theft, robbery, piracy, intimidation, kidnapping, and malicious mischief.6 Moreover, the military body, the Taiwan Garrison Command controlled by Chiang Ching-kuo, was given responsibility for enforcing martial law.7
It has been stated that the introduction of martial law gave the period of White Terror a ‘legalistic gloss’. There was clearly a law in place, which could be relied on to support such an argument. Indeed, there were written protections against summary trial and unwarranted arrest that provided a public defender to be made available to defendants and the right of a spouse or blood relative to attend any trial.8 Although these protections appeared on paper, the Garrison Command as prosecutor, judge and jury, denied due process to many of the victims of this period. Strauss states: “The key documents of reference for the early years of the White Terror are dry, legalistic, and formal [...] but they were at best general guidelines for action on how to punish.”9 Secrecy and extra-judicial actions were common and military proceedings when used were frequently for appearance only. Kang-i Sun Chang recalls how her father was arrested secretly in the middle of the night and his whereabouts remained unknown for a month. Alleged offenders were detained and held for months and sometimes years before conviction and sentencing. Such procedures were common.10
5 Ibid, p. 338
6 Ibid, p. 310
7 Moody, P. 1992. Political Change in Taiwan: A study of ruling party adaptability New York: Greenwood, p. 68
8 Hsiung, 1981. p. 310
9 Strauss, J. 2005. Comparative Terror and Regime Consolidation on the Two Sides of the Taiwan Straits in the 1950s: Suppression of counterrevolutionaries and White Terrors [Online]
political.foxpro.com.tw/annpolitical1/files/1/1/Comparative.doc [Accessed: 20/12/2008]
10 Chang, K. 2006. Journey through the White Terror: A daughter's memoir. Taipei: National Taiwan University Press, p. 16
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3.1.1. Oppression
“People dared not criticize the government, make comments on public policies, or voice any grievances to strangers," states Wang.11 For those that did or more
commonly so, those that posed a threat or fell foul of the government for any reason were often dealt with by the Garrison Command. The fear of being labelled a
‘Communist spy’ was widely held in society and such allegations could have serious consequences. Whether such accusations of being a ‘feidie’12 (spy) or ‘panluan’13 (subverter) were true or false, the threat was constant14 and the KMT used this to silence and eliminate any real or potential opposition. It has also been estimated that the KMT maintained a network of some 50,000 full-time and up to half a million part-time informants during this part-time.15
In 1952-53, the KMT discovered a group of communists in Luku. Their treatment is an example of the horrors of White Terror. Much of the population was encircled by military forces and held up in a temple, hall and school where they were tortured into revealing the leaders and members of the communist base. Of the population of Luku, 35 men were subsequently executed, 97 imprisoned and 32 went into hiding.16 In this small rural area, the active male population had been decimated and many lives greatly suffered as a result. The stigma against such victims was high, no support was offered and denial of family members associated with any illegal acts was the norm.
In addition to pursuing dissenters and opposition under martial law, close supervision and surveillance was used to keep a close eye on organizations that could potentially challenge KMT control such as the churches.17 Furthermore, the press was heavily controlled by both the Government Information Office and Garrison Command and, propaganda was widespread. Censorship was also strict. Books from the Mainland were often banned and newspapers could not escape political influence. Indeed, the major newspaper was a KMT-owned paper and two main ‘independent’ papers were
11 Wang, P. 2007. Bastion Created, Regime Reformed, Economy Reengineered. In Rubinstein (Ed.) Taiwan: A New History. New York: ME Sharpe.
12 In Chinese, 匪諜.
13 In Chinese, 叛亂.
14 Feuchtwang, S. 2007. ‘Communism' in Taiwan and the Mainland: Transmission of the Great Leap Famine and of the White Terror. Taiwan in Comparative Perspective, 1 November. pp 1-22 at p.5
15 Roy, 2003. p. 91
16 Feuchtwang, 2007. p. 2
17 Moody,1992. p. 68
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published by members of the KMT.18
3.1.2. Government crackdowns
An example of the press overstepping its mark is the case of Lei Chen. Though it must be stated that this incident involves not only media freedom but also political organization, which was in breach of laws on the formation of new political parties.
Lei Chen was the editor of Free China, a magazine started in Shanghai to challenge communism but one that had moved to a stance critical of KMT rule in Taiwan. Free China advocated such positions as electoral reform, adoption of a cabinet system and less KMT influence in the military. Of course, such calls did not go unnoticed.19 Yang states: “In martial law times, the media had two choices: either play the mouthpiece of the KMT, or get eradicated.”20 Obviously, Lei Chen did not follow the party line. To make matters worse, he and like-minded liberal opponents tried to form the Chinese Democratic Party. Lei Chen was arrested for harbouring a ‘communist spy’, whom the authorities had determined one of his employees to be. Free China was shut down and Lei was given a term of 10 years imprisonment by court martial.21
Years later, another publication was to further flame tensions and lead to an historic event. Meilidao, a magazine critical of the government, began carrying out political functions such as organizing meetings and political rallies. A rally planned for International Human Rights Day on 10 December 1979 drew a crowd of thousands demanding political rights and self-determination. Met with riot police, violence broke out and the eight rally organizers were arrested and charged with sedition.22 The Kaohsiung Eight, as they became known, were tortured, forced into signing confessions and at their courts-martial were sentenced to lengthy prison sentences.
The Kaoshiung Eight included prominent activists, one of which was Annette Lu whose defence attorney in the proceedings was Chen Shui-bian. Opposition to the government and any threatens to its power were not tolerated.
18 Ibid, pp 68-69
19 Ibid, p.74
20 Yang, P.-C. 2004. The Road to Freedom. Taipei: Dr Chen Wen-chen Memorial Foundation, p. 39
21 Moody, 2002. p. 75
22 Roy, 2003. p. 168
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3.1.3. The extent of the terror
It is very difficult if not impossible to provide accurate figures of those affected by White Terror. Records were not always meticulously kept; falsifications and
intentional distortions were not uncommon and the passage of time has made things all the more difficult. White Terror evoked a fear in the general population; however, while it may be said it directly affected only a small percentage of the population, its limitations and restrictions were widely felt. Estimates upwards of 10,000 have been made as to the number of cases seen during the White Terror period from 1949 to 198723 and it cannot be understated that there has been an unwillingness and official inconsistencies that do not assist an accurate estimation of figures. Statistics from the Internal Security Division do confirm that between September 1949 and December 1954 a figure of around 6000 individuals as a minimum faced charges of sedition, of which up to around 20% were executed.24 Overall, over the period of White Terror in its entirety an average execution figure of 9% has been reported.25 It must be
emphasized that such figures are estimates. It is likely full and completely accurate statistics will never be attained. In this chapter, these figures are provided at least as a rough picture of the extent of White Terror. As a percentage of the total population of 7 million in Taiwan in 1949, the interpretation of the numbers mentioned is open to the reader and I will not attempt to value such figures.
3.1.4. Reflections on this period
Evaluations of the period of Taiwanese history known as White Terror evoke the emotions of many Taiwanese. In the partisan Pan-Blue / Pan-Green political environment that exists in Taiwan, opinions on this topic vary widely. To some, White Terror was a regrettable episode that shames and typifies an evil dictatorship.
To others, it was a necessary means to maintain control in the face of an even worse communist threat. Former KMT governor-general of Taiwan and later exile, Wu Kuo-chen is quoted in George H. Kerr's book, Formosa Betrayed26 as saying:
“The present methods adopted by the Kuomintang government are entirely devoted to the purpose of perpetuating its power. It is directly contrary to the
23 Strauss, 2005. p. 9
24 Ibid, pp 10-11
25 Ibid.
26 Kerr, G.H. 1965. Formosa Betrayed, Boston: Houghton Mifflin.
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principles of modern democratic government. The [secret police] made
numberless illegal arrests. They tortured and they blackmailed. [...] Formosa has become virtually a police state.”
Many expressed serious concern at the KMT's action of the time. Yang Pi-chuan, a former political prisoner under White Terror, states: “During the thirty-eight years of martial law under the Kuomintang everyone regarded political prisoners as poisonous snakes and wild beasts.” His life was not made easier by White Terror but he is not bitter. “The greatest pride for us political prisoners is our commitment to justice.
Violence was once used to oppress us, but we did not yield. My only hope is that we victims of violence will become its witnesses, so that the next generation will
remember and live with dignity.”27
On the other hand, there are those who continue to view martial law as a necessity and downplay the ‘White Terror’. The period and its strict rule are credited with fending off the communists and bringing about Taiwan's current prosperity and liberal democracy. Marks says of White Terror: “Taiwan has surely been rewarded.” He continues: “For as the years passed, order and development resulted in increasing prosperity and a gathering trend towards democratization.”28
Such polar assessments of White Terror cannot be reconciled in this chapter and the prospects of such in society are slim too. Misinformation and politicization no doubt play a major part in this. Interpretations of history are always open but any
interpretation is better than ignorance. Until 1996, standardized textbooks in Taiwan did not devote any space to a consideration of the above events. Since this time a variety of textbooks in schools is available but few devote much attention to the White Terror period. As little as one page of information of these events is reported as being in the main middle and high school texts.29 Human rights in this period were clearly not prioritized.
27 Yang, P.-C. 2004. p.7
28 Marks, T. 1998. Counterrevolution in China: Wang Sheng and the Kuomintang. London: Frank Cass, p. 181
29 Feuchtwang, 2007. p. 12
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3.2. The path to democratization