The National Affairs Conference Milestone Or Window Dressing ?
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Published by: International Committee for Human Rights in Taiwan Taiwan : 4Fl., 5 Ching-tao East Rd., TAIPEI, Taiwan Europe : P.O. Box 91542, 2509 EC THE HAGUE, The Netherlands Canada : 3636 Steeles Avenue E., Suite 303A, MARKHAM, Ont. L3R 1K9 U.S.A. : P.O. Box 15182, CHEVY CHASE, MD 20825 International edition, August 1990 Published 6 times a year ISSN number: 1027-3999 45 The National Affairs Conference Milestone or window dressing ? Between 28 June and 4 July 1990, the Taiwan authorities organized a National Affairs Conference (NAC) at the Grand Hotel in Taipei. Some 140 politicians and scholars (both KMT and opposition), and a number of leading figures of the overseas Taiwanese community were invited to discuss options for political reforms. The Conference was called by President Lee Teng-hui in March 1990, when wide- spread discontent about the KMT’s outdated political system culminated in a six-day student demonstration just before the March presidential elections. While the Conference agreed on direct presidential elections and on the need for parliamentary and constitutional reforms, the conclusions were generally vaguely- worded (see overview on the following pages), so that considerable wrangling can be expected during the next few months before reforms are actually implemented and Taiwan can really be considered to have a democratic political system. The Conference was significant because it was the first time that such a broad-based meeting was held to discuss the future of the island and the possibilities for reforming the political system. Until very recently such a dialogue would have been totally unthinkable. Still, it remains to be seen whether the Kuomintang will indeed implement reforms, or whether the NAC remains window dressing. Still, it remains to be seen whether the Kuomintang will indeed implement reforms, or whether the NAC remains window dressing: the resistance against change within the ruling Kuomintang is strong, particularly within the conservative right wing, the military, and the secret police agencies. Taiwan Communiqué -2- August 1990 NAC-agenda: Five hot topics The delegates at the meeting were divided into five groups. Each debated a major issue. The results were then discussed in plenary sessions on the final two days of the gathering. While the gathering was stacked with KMT-members, the DPP delegates, a number of independents, and non-aligned scholars — who together constituted approximately one-third of the delegates — formed a Reform Group which submitted a coherent set of proposals and dominated the discussions. On 28 June 1990 they held a press conference to present their proposals. Below we briefly describe the five topics on the agenda, and give a short summary of the position taken by the Reform Group, and of the Kuomintang’s response: 1. Parliamentary reform: how to make the transition from the present system, dominated by old mainlander members elected on the mainland in the late 1940’s, to a fully democratic system. Reform group position: The old mainlander members should all retire by the end of 1990. A unicameral parliament should be set up, and the government should consist of three instead of the present five branches, i.e., the executive, the legislative and the judicial. The National Assembly, Control Yuan and Examination Yuan should be abolished. Elections for the new parliament should be completed by July 31, 1991. The number of legislators should be between 120 and 150. They are to be elected by popular vote in the area where the government has jurisdiction (i.e. Taiwan and surrounding islands). Abolish the system of mainland, overseas, professional and women represen- tatives. KMT’s response: While the KMT is committed to reforming the legislative bodies, there will be considerable debate on the structure and make-up of the new legislative bodies: conservatives in the KMT will want to maintain the National Assembly and set aside a number of seats in the three bodies as “representing mainland China.” The DPP and progressive scholars see no need for the Assembly to exist, and consider “mainland seats” as outdated and a violation of democratic principles. Taiwan Communiqué -3- August 1990 The case for parliamentary reform was helped along by a decision on 21 June 1990 by the Council of Grand Justices (a body responsible for “interpreting the Constitution”), which set 31 December 1991 as deadline for the retirement of the some 768 remaining “members-for-life” of the three legislative bodies, who were elected 40 years ago on the mainland. By that date, all remaining elderly members (612 of the 696 members of the National Assembly, 129 of the 259 members of the Legislative Yuan, and 18 of the 49 members of the Control Yuan) will have to be retired. While the democratic opposition of the DPP argued for an earlier retirement deadline, it is unlikely that the KMT will deviate from the abovementioned date. 2. System of Central Government: in particular the question of election of the President, and whether Taiwan should have a presidential or cabinet system. Reform group position: The president to be elected directly by popular vote. The president appoints the prime minister, and is in charge of foreign policy and national defense. He can issue emergency decrees. The KMT’s response: The president to be elected by a revamped National Assembly, which thus serves as an electoral college. The “presidential vs. cabinet system” was the subject of a heated debate during the three months prior to the NAC: supporters of former premier Lee Huan and a group of KMT “young Turks” favored a strong cabinet system and a weaker presidency, with the president serving more or less as a figurehead. However, the debate suddenly died down when Hau Pei-tsun was named Premier: the “young Turks” did not want to get caught endorsing a position which would strengthen the role of the former four-star general !! 3. Constitutional reform: should the 1946 Constitution, dating back to the days when the Kuomintang still ruled the Chinese mainland, be amended or should a wholly new Constitution be drafted ? Reform group position: first, the current Constitution should be frozen. Two months after the National Affairs Conference, a national referendum should be held to agree to the formation of a commission on the restructuring of the Constitution. Within six months after the formation of the commission, it should complete a draft on how to restructure the Constitution and put it to a national referendum. Taiwan Communiqué -4- August 1990 The DPP and many liberal scholars thus favor a new Constitution, which takes into account the reality that the authorities in Taipei rule only Taiwan and the adjacent islands. The ruling KMT favors maintaining a semblance of their pretense to rule all of China, and thus only want amend the present Constitution. To implement this, they see a key role for the National Assembly — without the elderly mainlander members — but beefed-up to a level of some 375 members. The additional 291 (375 minus the 84 elected in December 1986) should be elected in 1992. 4. Local autonomy: direct election of Provincial governor and of the positions of mayor of Taipei and Kaohsiung, which are presently appointive positions. Reform group position: The governor of Taiwan and the mayors of Taipei and Kaohsiung should be elected by popular vote before July 31, 1991. Consider redrawing Taiwan into new administrative regions, consisting of six provinces and two cities which are directly under the jurisdiction of the central government. The KMT’s response: while agreeing on the election of the provincial governor and mayor positions of Taipei and Kaohsiung, there was considerable debate on the structure of the “provincial” administration. 5. Policy towards mainland China, especially concerning direct investment in China, as many Taiwanese businessmen have al- ready invested in China by building factories there. Reform group position: Before Taiwan can relax its restrictions on links with China, a peace agreement should be signed by the two governments on both sides of the Taiwan Strait on the basis of equality, then Taiwan could open direct trade with and investment in China. Relations with China are a divisive issue within the KMT: the “Young Turks”, backed by a sizable element of the profit-oriented business community, want to speed up relaxation of the restrictions, while the old hardliners want to maintain the status quo. Taiwan Communiqué -5- August 1990 How to implement results of the NAC ? Since the NAC did not have formal legal standing, the question of how to implement its recommendations became a hotly-debated topic in itself: the NAC had recom- mended that President Lee set up a 15-member, broad-based Constitutional Reform Committee, made up of members of both the KMT and the DPP-opposition and a number of key academicians. However, this recommendation came under fire from two sides: on the one hand from members of the Legislative Yuan, who had not been invited to the NAC and thus felt bypassed; they felt that a Legislative Committee should be set up to implement reforms, and that this important task should not be given to a presidentially-appointed body. However, on 12 July, the proposal to set up a legislative committee was voted down. On the other hand, President Lee had to deal with conservative elements in his own party, who mistrusted the idea of the conference in the first place. At a meeting with 11 key KMT-leaders on 9 July, and at a Central Standing Committee of the KMT on 11 July, they pressed him into agreeing to setting up a 13-member Constitutional Reform Planning Committee within the KMT, stacked with elderly mainlanders. * * * * * * * * * * * * * * * A Step Backward for Democracy Hau Pei-tsun becomes Prime Minister When the appointment of General Hau Pei-tsun as prime minister was announced on 3 May 1990, it caused an uproar in Taiwan.