The reality
of ‘Serf Liberation Day’
Wednesday, Jan 21, 2009, Page 8
For Tibetans, this March will be a more solemn reminder of the human rights
denied them than previous years. In addition to marking the one-year anniversary
of last year’s unrest in the region, it will be 50 years since the Dalai Lama
fled into exile and a Tibetan uprising was crushed.
China, well aware of the symbolism, has added to the misery of millions in exile
and in Tibet with the creation of a holiday to celebrate the Dalai Lama’s flight
and the defeat of the rebellion in 1959. The holiday, which will be observed
annually on March 28, has been dubbed “Serf Liberation Day.”
The Tibet Autonomous Region’s puppet people’s congress — created to offer a
semblance of democracy where there is none — voted over the weekend in favor of
the holiday without a single dissenting voice.
The move was an added slap in the face to Tibetans who had hoped that mass
demonstrations last March in the run-up to the Beijing Olympics would force
China to grant them greater freedom or face international condemnation.
The aftermath of that unrest continues, with Chinese authorities still in the
process of convicting and sentencing participants in the protests to years’
imprisonment, regardless of whether they committed any internationally
recognized crime.
“Serf Liberation Day” is a reflection of the fact that China remains wholly
opposed to dialogue or compromise on the Tibet issue. It is a reminder that
Taiwan, too, should note, as concerns persist that the flow of cross-strait
“goodwill” since the inauguration of President Ma Ying-jeou (馬英九) is one-way.
Although China responded to international pressure over its crackdown last year
in Tibet with claims that it was open to sincere dialogue, no progress has been
made. A meeting between representatives of the Dalai Lama and Beijing in May led
nowhere and was unlikely to have produced results — even if the earthquake that
devastated Sichuan Province just a week later had not led to follow-up talks
being shelved.
More disturbingly, Tibet has dropped largely out of view again for many media
outlets and governments and many Tibetans feel disappointed in and frustrated
with the Dalai Lama’s efforts to secure true autonomy for the region through
peaceful dialogue.
“Serf Liberation Day” may only exacerbate the discontent felt by many Tibetans
and fuel ethnic tensions, Tibetan activists said, with the International
Campaign for Tibet calling the move “provocative and irresponsible.” The
organization said that the holiday was only the latest attempt by China to
rewrite Tibetan history to its own taste, a form of propaganda that China has
used with great success to stoke public ardor for its claims not only on Tibet
and neighboring Xinjiang, but on Taiwan as well.
Tibet’s new holiday — a day that will no doubt become a symbol of oppression and
sadness for Tibetans — celebrates “the landmark democratic reform initiated 50
years ago” in Tibet, Xinhua quoted a member of the Tibetan people’s congress as
saying ahead of the vote.
As usual, China’s rhetoric is laughable. Terms like “democracy” are words of
convenience, exploited for Beijing’s propaganda with no relation to their actual
meaning. March 28 will not mark the liberation of “millions of slaves,” as China
put it, but the passing of another year with no sign of progress on cultural and
religious rights for Tibetans.
Eroding
justice: Open letter No. 3
Wednesday, Jan 21, 2009, Page 8
DEAR PRESIDENT MA
We the undersigned, scholars and writers from the US, Canada, Europe and
Australia, consider ourselves long-time supporters of a democratic Taiwan. We
write to express our concern regarding the erosion of the judicial system in
Taiwan during the past few months.
On two previous occasions we have publicly expressed our concerns to Justice
Minister Wang Ching-feng (王清峰), but the minister’s responses are troubling in
their persistent failure to acknowledge that there even is a problem, and in
their attitude of denial that the judicial process is flawed and partial. We
trust that our raising our concerns with you as president will be treated as
advice from international supporters of Taiwan’s democracy who care deeply about
the country and its future as a free and democratic nation.
First we may mention the fact that your administration has not yet acted upon
recommendations — made both by Freedom House and Amnesty International — to
conduct an independent inquiry into the events surrounding the visit of Chinese
envoy Chen Yunlin (陳雲林), and in particular the police behavior and infringements
on basic freedoms. The establishment of a scrupulously neutral commission is
essential if there is to be a fair and objective conclusion on the disturbances
that occurred during the Chen Yunlin visit.
Second, we are concerned about the legal proceedings in the case of former
president Chen Shui-bian (陳水扁). The switch of the case from a three-panel court
that released him on his own cognizance on Dec. 13 to a court that subsequently
re-incarcerated him on Dec. 25 — both Christmas Day and Constitution Day — seems
to have resulted from political pressure from KMT members of the Legislative
Yuan. In his commentary in the South China Morning Post of Jan. 8, 2009,
professor Jerome Cohen presented details of such political interference in the
judicial system, while The Associated Press on Jan. 4 also gave incisive
insights in the process that took place.
Third, we are deeply concerned by the widespread pattern of leaks to the media
regarding ongoing cases — leaks which because of their content and nature can
only have come from the prosecutors’ offices. As was reported by The Associated
Press on Jan. 4, 2009, prominent observers in Taiwan such as professor Wang
Yeh-lih of National Taiwan University charge that these leaks come from
prosecutors who “consistently violated the principle of guarding the details of
investigations during the Chen case.”
This pattern of behavior displays a distinct bias in the judicial system and a
disregard for fair and impartial processes.
The lack of attention to professional judicial standards reached a new low with
the skit by several prosecutors who satirized those whom they are prosecuting.
We are disturbed by Minister Wang’s defending this as “just for fun.”
Press agencies quote the minister as saying: “It was just a play to help
everybody relax. There’s no reason to take it too seriously.”
In our view the actions by the prosecutors and the comment by Minister Wang
display a lack of judicial professionalism and political neutrality.
We reiterate that any cases of alleged corruption must be investigated, and that
if the defendants are found guilty in a scrupulously impartial process, they
should receive just punishment after trial. We thus emphasize that the political
neutrality of the judicial system is a fundamental element in a democracy. The
examples mentioned above indicate that the investigative process has been
conducted and sensationalized to the extent that both the right of the accused
to a fair trial, and the presumption of innocence have been seriously
jeopardized. Justice through the rule of law is essential to Taiwan’s efforts to
consolidate democracy and protect fundamental human rights.
In addition to the harm done to the personas of those accused, the international
image of Taiwan has suffered. A president of a country bears political
responsibility for the conduct of his subordinates’ actions, and we therefore
urge immediate and decisive action to correct the severe flaws in the process
that are staining the national honor, perhaps irreparably.
Taiwan’s judicial system must be not only above suspicion but even above the
appearance of suspicion of partiality and political bias. We appeal to you, Mr
President, to restore the credibility of the judicial system in Taiwan and
ensure that your government and its judiciary and parliamentary institutions
safeguard the full democracy, human rights and freedom of expression, for which
the Taiwanese people have worked so hard during the past two decades.
Respectfully yours,
Nat Bellocchi,
former chairman of the American Institute in Taiwan
Coen Blaauw
Formosan Association for Public Affairs, Washington DC
Stéphane Corcuff
Associate Professor of Political Science, China and Taiwan Studies, University
of Lyon, France
Gordon G. Chang
author, “The Coming
Collapse of China”
David Curtis Wright
Associate Professor of History, University of Calgary
June Teufel Dreyer
Professor of Political Science, University of Miami, Florida
Edward Friedman
Professor of Political Science and East Asian Studies, University of Wisconsin,
Madison
Mark Harrison
Senior Lecturer, Head of the Chinese School of Asian Languages and Studies,
University of Tasmania, Australia
Bruce Jacobs
Professor of Asian Languages and Studies, Monash University, Melbourne,
Australia
Richard C. Kagan
Professor Emeritus of History, Hamline University, St Paul Minnesota. Author,
“Taiwan’s Statesman, Lee Teng-hui and Democracy in Asia” and other works on
Taiwan
Jerome F. Keating
Associate Professor, National Taipei University (Ret.). Author, “Island in the
Stream, a quick case study of Taiwan’s complex history” and other works on
Taiwan’s history
Hon. David Kilgour
former Member Parliament and Secretary of State for Asia-Pacific, Canada
Victor H. Mair
Professor of Chinese Language and Literature, University of Pennsylvania
Donald Rodgers
Associate Professor of Political Science, Austin College, Texas
Terence Russell
Professor of Chinese Language and Literature, University of Manitoba, Canada
Christian Schafferer
Associate Professor, Department of International Trade, Overseas Chinese
Institute of Technology, Chair Austrian Association of East Asian Studies,
Editor “Journal of Contemporary Eastern Asia”
Michael Stainton
York Center for Asia Research, Toronto, Canada
Peter Tague
Professor of Law, Georgetown University, Washington DC
John J. Tkacik Jr
former Senior Research Fellow, The Heritage Foundation, Washington DC
Arthur Waldron
Lauder Professor of International Relations, University of Pennsylvania
Vincent Wei-cheng Wang
Professor of Political Science, University of Richmond, Virginia
Gerrit van der Wees
Editor Taiwan Communique, Washington DC
Stephen Yates
President of DC Asia Advisory and former deputy assistant to the vice president
for National Security Affairs
Terri Giles
Executive Director, Formosa Foundation, Los Angeles
Daniel Lynch
Associate Professor, School of International Relations, University of Southern
California