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Contesting the Past in the Present a Critique of Transitional Justice Scheme in Taiwan

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Contesting the Past in the Present a Critique of Transitional Justice Scheme in Taiwan Contesting the Past in the Present A critique of transitional justice scheme in Taiwan Ling-Yu Hsiao Newnham College Department of Sociology University of Cambridge This thesis is submitted for the degree of Doctor of Philosophy April 2018 Contesting the Past in the Present— A critique of transitional justice scheme in Taiwan Ling-Yu Hsiao Abstract The White Terror in Taiwan was a 43-year period during which the Kuomintang (KMT) regime, with significant support from the United States during the Cold War era, persecuted its political opponents, imprisoning tens of thousands of people and executing some 1200. In the wake of democratisation since the 1980s, Taiwan has instituted a scheme of transitional justice to acknowledge and atone for the past political oppression and to promote national reconciliation. As this initiative was undertaken by the same regime that perpetrated the White Terror, questions of objectivity and transparency arise. Accordingly, this thesis aims to assess the progress of transitional justice in Taiwan by examining the official discourse on the subject and also analysing the non-official discourses amongst survivors of the White Terror in present-day Taiwan. Tensions between the different discourses are identified. This thesis focuses on the construction of the past in the present, which refers to contestation of the past in the context of present-day society in Taiwan. Drawing on discursive analysis of Taiwan’s transitional justice initiatives since the late 1990s, as well as in-depth interviews with 24 former political prisoners, it discerns how the official transitional justice discourse is circumscribed and limits our knowledge of the White Terror. 1 Since the implied fall of communism, the aim of reconciliation has not embraced the former socialists and communists at the global level, enabling the KMT government to elude accountability in its transitional justice efforts by rationalising the White Terror in the name of anti-communism. As a result, Taiwan’s socialist dissidents remain stigmatised in the official discourse, which offers redress only to those individuals who disassociate themselves with subversion and identify as ‘political victims’. This restriction in the official discourse suggests that the government wishes to reconcile only with those who were ‘innocent’ of treason. By the same token, the identity of White Terror victims is de-politicised, distorting the content of their trauma and shame and their survivorhood in present-day Taiwan. Informants’ non-official discourses, which point up the contradictions in the government discourse, reveal that survivors tend to feel profound shame owing to the failure of their political projects, viewing themselves as inept revolutionaries. Much of their interest in transitional justice lies in seeking opportunities to advocate for the causes to which they still adhere. Thus, their identity as survivors is focused less on persecution than on sustaining their political activism in the era of reconciliation. Thus, the tension between the official and non-official transitional justice discourses in Taiwan is not only a contestation of the past but, more profoundly, a contestation of the vision for the nation’s future. Keywords transitional justice, White Terror, post-Cold War Taiwan, memory studies, reconciliation, survivorhood, political enemy 2 Declaration This dissertation is the result of my own work and includes nothing that is the outcome of work done in collaboration except as declared in the Preface and specified in the text. It is not substantially the same as any that I have submitted, or, is being concurrently submitted for a degree or diploma or other qualification at the University of Cambridge or any other University or similar institution except as declared in the Preface and specified in the text. I further state that no substantial part of my dissertation has already been submitted, or, is being concurrently submitted for any such degree, diploma or other qualification at the University of Cambridge or any other University of similar institution except as declared in the Preface and specified in the text. It does not exceed the prescribed word limit for the relevant Degree Committee. Ling-Yu Hsiao 3 Acknowledgment I would like to extend thanks to the many people, in the UK, Taiwan, and Japan, who so generously contributed to the work presented in this thesis. I take this opportunity to extend my sincere gratitude and appreciation to all those who made this doctoral research possible. First, my supervisor. Peggy, you have created the invaluable space for me to do this research and develop myself as a researcher in the best possible way. My Ph.D. has been an amazing experience and I thank you wholeheartedly, not only for your dedicated help, advice, inspiration, encouragement and continuous support, throughout my Ph.D., but also for showing me the beauty of knowledge. Your enthusiasm, integral view on research and your mission for providing high-quality work, has made a deep impression on me. Similar, profound gratitude goes to my other committee members, Dr Juliet Foster and Dr Fang-Long Shih, who have been truly dedicated mentors. I am particularly indebted to Fang-Long, for your faith in my doctoral research. I am also hugely appreciative to the twenty-four survivors who disinterestedly shared their stories with me. You show me the meaning of survival and witness. You prove the value of life. Completing this work would have been all the more difficult were it not for the support and friendship provided by the other members of Newnham College, Department of Sociology, friends and research peers in Cambridge, London, and Tokyo. I must mention Jyr-Jong Lin, Fang-Yi Lee, William Hsiao, Yang Fu, Desmond Sham, Pei-Hua Huang, Jessamine Lai, and Yu-Chin Tseng. Looking back on our talks on every academic issue and times we spent together, I have very fond memories of my life in Cambridge. 4 Last, but by no means least, I must thank my parents and sister for believing in me and being there for practical support in all those things of life beyond doing a Ph.D., and finally, Ya-Hsun, you are my foundation. Please be there for me forever. 5 Glossary of Acronyms and Abbreviations Acronym/Abbreviation Official Name in Chinese or English 228 Act 228 Incident Disposition and Compensation Act ⼆⼆八事件處理補償/ 賠償委員會 228 Foundation 228 Memorial Foundation ⼆⼆八紀念基⾦會 228 IPP 228 Incident Peace Promotion ⼆⼆八和平⽇促進會 AAA American Anthropological Association AIT American Institute in Taiwan 美國在台辦事處 Article 100 Article 100 Criminal Law 刑法⼀百條 CCP Chinese Communist Party 中國共產黨 CIA Central Intelligence Agency Compensation Act Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period 戒嚴時期不當叛亂暨匪諜審判案件補償條例 Compensation Foundation for Compensation for Improper Foundation Verdicts on Sedition Cases during the Martial Law Period 財團法⼈戒嚴時期不當叛亂暨匪諜審判案件補償 6 基⾦會 DPP Democratic Progressive Party 民主進步黨 HDCP Historical Data Collected on Political Cases during the 1950s Martial Law Period in Taiwan 臺灣地區戒嚴時期五〇年代政治案件史料彙編 Huzhuhui 台灣地區政治受難⼈互助會 ICTJ International Centre for Transitional Justice ICTY International Criminal Tribunal for the former Yugoslavia IGOs Intergovernmental institutions KMT Kou-Min-Tong 中國國民黨 MAAG Military Assistance Advisory Group 美軍顧問團 MSF Médecins Sans Frontières (Doctors without Borders) NATO North Atlantic Treaty Organization Persecution Victims Taiwan Association for Care of Victims of Care Association Political Persecution during the Martial Law Period 五 O 年代⽩⾊恐怖案件平反促進會 PTSD Post-traumatic stress disorder PRC People’s Republic of China 中華⼈民共和國 ROC Republic of China (also known as Taiwan) 7 中華民國 ROCMA Republic of China Military Academy 黃埔軍校 / 中華民國陸軍官校 The Mutual Security The Mutual Security Act of 1951 Act of 1951 1951 年共同安全法 TMO The Struggle between Memory and Oblivion: A report on transitional justice in Taiwan 記憶與遺忘的鬥爭：台灣轉型正義階段報告 TPA Taiwan Party Affairs 台灣黨務 TRC Truth and Reconciliation Commission TPECR Temporary Provisions Effective during the Period of Communist Rebellion 動員戡亂時期臨時條款 TRA Taiwan Relations Act 台灣關係法 TRCT Taiwan Association for Truth and Reconciliation 台灣民間真相與和解促進會 Treason Reporting Act 懲治漢奸條例 (1946 年) of 1946 TVCA Taiwanese Victims of the Martial Law Care Association 台灣戒嚴時期政治受難者關懷協會 TUT The Undelivered Testimony: A memoir of those who fell in the age of terror 無法送達的遺書：記那些在恐怖年代失落的人 UDHR Universal Declaration of Human Rights 8 UN United Nations UNAMA UN Assistance Mission in Afghanistan UNHCHR UN High Commissioner for Human Rights USAID United States Agency for International Development USIS United States Information Service USRR Union of Soviet Socialist Republics WTVA 1950s White Terror Vindicated Association 五○年代白色恐怖案件平反促進會 9 Note on Chinese Words and Names I have preserved Chinese name order throughout the thesis. Translation of most Chinese words and proper nouns follows the Wade-Giles system, except for the names of those well known in the West, such as Chiang Kai-Shek. 10 Table of Contents ABSTRACT ........................................................................................................................ 1 DECLARATION ................................................................................................................. 3 ACKNOWLEDGMENT ...................................................................................................... 4 GLOSSARY OF ACRONYMS AND ABBREVIATIONS .................................................... 6 NOTE ON CHINESE WORDS AND NAMES
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