Nation rallies against Chiang-Chen talks
　

‘BLACK BOX’: Protesters at a Democratic Progressive Party demonstration in Taichung City demanded an end to non-transparency in cross-strait negotiations
　

By Jenny W. Hsu, Loa Iok-sin and Shelley Huang
STAFF REPORTERS
Monday, Dec 21, 2009, Page 1
　

The Democratic Progressive Party (DPP) said more than 100,000 people flooded the streets of Taichung City yesterday to protest against the government’s China-leaning policies on the eve of the fourth round of cross-strait negotiations since President Ma Ying-jeou (馬英九) took office in May last year.

Police denied the DPP claim that the protest attracted 100,000 people, saying there were only about 30,000.

Shouting slogans such as “Taiwan, China, two separate countries” and “Taiwan is an independent country,” protesters from around the nation held up placards and giant banners calling for Ma’s resignation because the “president has betrayed the country by selling out Taiwan to China,” a farmer from Yunlin County said.

A full line-up of DPP heavyweights, such as party chairperson Tsai Ing-wen (蔡英文), former premiers Frank Hsieh (謝長廷), Su Tseng-chang (蘇貞昌), and Yu Shyi-kun , Kaohsiung City Mayor Chen Chu (陳菊) and a number of DPP lawmakers, marched along the protesters.

“We are here to send a loud message to the Ma administration that Taiwanese people are the masters of this land and he has no right destroying the country’s democratic system,” said Tsai, while criticizing China for its “arrogant and oppressive” attitude toward Taiwan.

Speaking at the rally, Tsai dubbed Ma the root of Taiwan’s problems and urged the administration to stop sabotaging the country’s democracy by being over-friendly with China. She added that the government owes the public a clear explanation on its China policy.

The chairperson said that ­despite the rosy promises made by the government on the signing of an economic cooperation framework agreement (ECFA), the pact will destroy Taiwan’s economy, especially its agricultural sector, because the agreement would trigger a large influx of Chinese products to Taiwan tariff-free.

“Taiwan is already experiencing its highest unemployment rate ever. People are constantly worried about losing their jobs ... yet this government, which is made up of people from the privileged class, does not seem to care,” she said, adding that the government’s insistence on signing an ECFA with Beijing was anti-democratic because more than 80 percent of the public said they were not familiar with the content of the deal.

The protest was divided into two routes, with both processions converging later in the afternoon to form a massive rally. The DPP and pro-independence groups are also planning several protests during Chen’s stay in Taiwan from today to Friday.

The main theme of the procession from the east end of the city was to “break the black box” (破黑箱) — or break the non-­transparency in policy-­making decision process on cross-strait issues. The two parades joined together for a rally at about 5pm.

This is the second time Taiwan has hosted cross-strait talks headed by Taiwan’s Straits Exchange Foundation Chairman Chiang Pin-kung (江丙坤) and his Chinese counterpart, Association for Relations Across the Taiwan Strait Chairman Chen Yunlin (陳雲林).

Chen is scheduled to arrive at the central city today via direct charter flight this morning. The two men are expected to meet and sign four agreements on fishing industry cooperation, quality control for agricultural products, cross-strait certification inspection and avoiding double taxation.

The two sides are slated to hammer out more details on the government’s proposed ECFA, a hotly debated trade pact with Beijing that the government touts as the solution to increasing Taiwan’s economic competitiveness in Asia.

The DPP, however, attacked the government as side-stepping the public’s will by planning to sign the treaty without public consent, adding that the Ma administration has failed to be transparent in its dealings with China.

“I am very disappointed and heartbroken that Taiwan has a president who doesn’t care about the Taiwanese people. If Ma likes China so much, he is welcome to go there and leave Taiwan alone,” said Wang Ming-seng (王民森), a 70 year-old wheelchair bound former teacher from Chiayi County, who said he was determined to ­participate in the demonstration despite his poor health.

Eleven-year-old fifth grader Chou Ting-hui (周庭輝) from Tainan City, waving a green DPP flag, said he was walking “for Taiwan’s freedom and his own future,” adding that Chen was not welcome in Taiwan.

“Although I am just a boy, I am a Taiwanese who has the responsibility to protect Taiwan from being swallowed by Beijing. I want to tell Chen that he is not needed here and that Taiwan must not sign an ECFA with China,” he said.

Braving the cold wind, ­marchers made their way to the Windsor Hotel where the Chinese delegation was staying to demand its immediate ­expulsion from Taiwan. The Taichung City Police Bureau fenced off the area around the hotel with barbed wire, drawing criticism from the protesters, who said Chen did not deserve such preferential treatment.

Police yesterday mobilized about 500 officers to maintain order at the protests.

The Taichung City Police Bureau said about 500 police officers would be on duty to maintain order and safety throughout the demonstration, including about 100 police who will be in charge of directing traffic and keeping road conditions and transportation running smoothly.

Police also blocked off certain roads with barricades, saying it was done to protect local residents.

The National Police Agency said that, depending on the situation, it estimated about 300 to 1,000 police would be on duty to maintain order on each of the five days that Chen is in Taiwan.

Although the parade was mainly peaceful, a minor conflict occurred not long after the crowd departed.

A man taking part in the demonstration mistakenly thought a female making recordings in the parade was a Chinese Nationalist Party (KMT) member trying to spy on the demonstration and tried to grab the voice recorder from her.

DPP security personnel quickly rushed to the scene to stop the clash.

The conflict ended peacefully soon after the man found that the woman was actually a DPP staffer.

Angry delegates blame China over lax climate deal

THE OBSERVER, COPENHAGEN
Monday, Dec 21, 2009, Page 1

An outbreak of bitter recrimination has erupted among politicians and delegates following the Copenhagen accord for tackling climate change.

The deal finally hammered out early on Saturday had been expected to commit countries to deep cuts in carbon emissions. In the end, it fell short. Instead a draft agreement put forward by China — and backed by Brazil, India and African nations — commits the world to the broad ambition of preventing global temperatures from rising above 2ºC. Last night some delegates openly attacked China.

Asked who was to blame for blocking the introduction of controlled emissions, the director-general of the Swedish environment protection agency, Lars-Erik Liljelund, replied: “China. China doesn’t like numbers.”

The accord was formally recognized after a dramatic all-night plenary session, during which the Danish chairman was forced to step aside, a Venezuelan delegate cut her hand and the UK’s climate and energy secretary, Ed Miliband, salvaged the deal just as it appeared on the verge of being rejected.

The tumultuous events concluded a fortnight of fraught and sometimes machiavellian negotiations that saw a resurgent China link forces with India, Brazil and African nations to thwart efforts by rich nations to steamroller through a treaty suiting their interests.

Although hailed by US President Barack Obama, the deal has been condemned by activists and NGOS, while European Commission President Jose Manuel Barroso said he was disappointed after EU attempts to introduce long-term targets for reducing global emissions by 50 percent by 2050 were blocked.

“This accord is not legally binding, it’s a political statement. Without legally binding commitments, there is no way to be sure it will be attainable,” said Nnimmo Bassey, chair of Friends of the Earth International. “This is a disaster for the poor nations — the urgency of climate change was not really considered.”

Last night Miliband was being credited with helping rescue the summit from disaster. He had been preparing to go to bed at 4am, after the main accord had been agreed, only to be called by officials and warned that several countries were threatening to veto its signature. Miliband returned to the conference center in time to hear Sudanese delegate Lumumba Di-Aping comparing the proposed agreement to the Holocaust. He said the deal “asked Africa to sign a suicide pact, an incineration pact, in order to maintain the economic dominance of a few countries.”

A furious Miliband intervened. He dismissed Di-Aping’s claims as disgusting.

This was “a moment of profound crisis,” he told delegates. The proposed deal was by no means perfect and would have many problems, he admitted.

“But it is a document that in substantive ways will make the lives of people around this planet better because it puts into effect fast-start finance of US$30 billion, it puts into effect a plan for US$100 billion of long-term public and private finance,” he said.

The deal was then agreed by delegates.

However, the Tory shadow energy and climate change secretary, Greg Clark, described the deal last night as a disappointment.

Ma to chair media report meeting today
　

UNDERSTANDING: A Department of Public Affairs official said the president wanted to chair the session because he was concerned about yesterday’s protests in Taichung

STAFF WRITER
Monday, Dec 21, 2009, Page 3
　

President Ma Ying-jeou (馬英九) will chair the Presidential Office’s daily meeting on media reports today to gain a better understanding of how government agencies react to protests against the visit by China’s top cross-strait negotiator.

The meetings are usually chaired by the President Office’s deputy secretary-general. Today’s session will be the second time Ma chairs such a meeting. He chaired one in November last year ahead of a visit by Association for Relations Across the Taiwan Strait (ARATS) Chairman Chen Yunlin (陳雲林) for the second round of cross-strait talks in Taipei.

The security surrounding that visit were strongly criticized, with the police accused of overreacting to protesters and bystanders and several instances of brutality.

Freedom House called for an independent investigation into the violent clashes between the police and protesters during that visit.

Amnesty International asked that the Control Yuan address the serious concerns raised by the public in the wake of the protests and that the Ma administration end the practice of using the Assembly and Parade Law (集會遊行法) to deny freedom of assembly.

The International Federation for Human Rights called on the Ma administration to amend the Assembly and Parade Law, saying it was “a legacy of the Martial Law era.” It asked the government to abolish the requirement for mandatory permits and instead adopt a system of voluntary reporting. It also said the clause restricting assemblies from being held in certain areas gives the authorities too much discretion to restrict people’s freedom of association and freedom of expression.

Chen and his delegation are scheduled to arrive today and he will meet Straits Exchange Foundation (SEF) Chairman Chiang Pin-kung (江丙坤) tomorrow.

Paul Chang (張國葆), the acting director-general of the Department of Public Affairs, said yesterday that Ma wanted to chair today’s meeting because he was gravely concerned about yesterday’s demonstration organized by the Democratic Progressive Party (DPP).

Representatives of the National Security Council, National Police Administration, Government Information Office and other government agencies will attend today’s meeting, Chang said.

He said the position of the Presidential Office on the DPP’s protests was clear — that “the host must ensure the safety, comfort and dignity of the guests.”

Many questions remain about new accords
　

By Ko Shu-ling
STAFF REPORTER
Monday, Dec 21, 2009, Page 3
　

Taipei and Beijing will hold their fourth round of official talks in Taichung City today amid widespread doubts in Taiwan about the four accords the two sides of the Taiwan Strait plan to sign and lackluster results from the nine agreements and one consensus they have signed so far.

President Ma Ying-jeou (馬英九) has aggressively pursued improved cross-strait relations since he took office in May last year. His program has raised concerns, especially over whether his cross-strait policy leans too much toward China and if his administration can protect Taiwan’s interests.

The latest poll released by the pro-Chinese Nationalist Party (KMT) TV station, TVBS, on Thursday found that 52 percent of respondents said the administration’s cross-strait policy tilted too much toward China — much higher than May last year when the same question was answered positively by 43 percent of respondents. In November last year — during the second cross-strait official talks in Taipei — the positive response rate was 42 percent.

Asked about the influence of the nine agreements and one consensus, 31 percent of respondents to the latest poll said they did not think the were conducive to Taiwan’s development, while 30 percent said they were, 13 percent said they did not have any impact at all and 26 percent did not give any opinion.

Commenting on this week’s meeting, 52 percent of respondents said they were not confident the government could protect Taiwan’s interests, while only 35 percent said they were.

This week’s meeting between Straits Exchange Foundation (SEF) Chairman Chiang Pin-kung (江丙坤) and Association for Relations Across the Taiwan Strait (ARATS) Chairman Chen Yunlin (陳雲林) will address four issues. The plan is to sign four agreements covering fishing industry cooperation, quality checks of agricultural products, cross-strait cooperation in standard inspection and certification and the prevention of double taxation.

The two sides will also “exchange opinions” on an economic cooperation framework agreement (ECFA) the government hopes to sign with Beijing next year. If opinions can “be exchanged” this week, the ECFA would be placed on the agenda of the next round of cross-strait talks scheduled for the first half of next year.

DOUBTS

Despite the government’s assurances, there are widespread doubts and concerns, however, about the accords.

One question that has dogged Chiang is the close business relationship he and his family have with China. Although Chiang had resigned from a joint venture and a foundation to avoid any conflict of interest, he still serves as honorary chairman of the Sinocon Industrial Standards Foundation.

The Democratic Progressive Party (DPP) has questioned whether Chiang would benefit from a deal on cross-strait cooperation in standard inspections.

The SEF has dismissed such a possibility, saying the agreement aims to protect consumers, not benefit Chiang’s company. They also said the firm’s business does not overlap with items covered by the agreement and that Chiang was not personally involved in the negotiations.

Lawmakers on the Internal Administration Committee invited Chiang to their meeting to report on the upcoming meeting with Chen and offer a clear account of his role. Chiang, however, turned down the invitation, saying he did not participate directly in the cross-strait negotiations and that he simply followed precedent in not reporting to the legislature.

Other concerns about the proposed agreement on cross-strait cooperation on standard inspection is that it would lower the standards of Taiwanese products, allow the import of huge amounts of inferior Chinese goods and pave the way for a “one China” market.

STANDARD INSPECTIONS

Government officials, however, defend the policy. Since bilateral trade with China reached US$130 billion last year, with China now Taiwan’s biggest export market, officials said it was the common wish of the industry that the two countries establish a standardization system. Such a system would help Taiwanese producers secure a position in the China market, they say.

Deputy Minister of Economic Affairs Lin Sheng-chung (林聖忠) said such a system would save companies time and money because they would no longer need to pay to get permission to manufacture certain products meeting the standard of the country they wish to export to. Instead, countries interested in exporting products whose standards are set by China or Taiwan would need to pay for patent authorization.

Lin said the government has listed four industries as priority items: light-emitting diode (LED), photonics, flat-screen monitor and vehicle telematics. The cooperation in standard inspection will focus on five areas: metrology, test cooperation, verification and certification cooperation and consumer product safety.

On consumer product safety, statistics show that 74.7 percent of the imported consumer goods that failed to pass the safety checks at border entries were from China, while 68.6 percent of imported consumer goods sampled from retail markets that were tested and failed were from China.

Lin said the agreement would also establish a cooperation mechanism to allow the two sides to exchange information and inform each other of unsafe consumer products and such information would be published on-line for public access.

Both sides are also seeking to sign an agreement on quality checks and quarantine inspections of agricultural produce.

AGRICULTURAL CHECKS

While Ma has promised not to allow more agricultural imports from China, some question how he could keep this promise since Taiwan must open its market to Chinese agricultural products or face WTO sanctions since both countries are WTO members.

Mainland Affairs Council Deputy Minister Liu Te-shun (劉德勳) said both sides would negotiate the agreement under the “spirit” of the WTO, rather than the “letter” of WTO regulations. The administration was determined to keep its promise to protect Taiwan, Liu said.

Council of Agriculture Deputy Minister Hu Sing-hwa (胡興華) said it was important to sign the agreement because both sides must have uniform inspection standards of agricultural products.

Among the longstanding problems with agricultural exports to China is that China has many agricultural products that do not fall under any national standards for pesticide residue. This means the test of pesticide residue for such products must be zero. This has created trouble for Taiwanese exporters because their products may meet Taiwan’s standards but not China’s.

Government statistics show that fruits make up the biggest percentage of Taiwanese agricultural exports to China, between 30 percent to 35 percent of the country’s total fruit exports. Taiwan imports 1,412 kinds of Chinese agricultural products, or 63 percent of the country’s total agricultural products.

Hu said the agreement on quality checks of agricultural products would not affect the 830 agricultural products banned from import from China and that the agreement would not relax the quarantine or inspection measures.

Describing the agreement as a “principle accord,” Hu said the arrangement would allow both sides to have direct contact and notification, make inquires and negotiate disputes. The two sides could also keep abreast of the information on plant and animal diseases, expedite the inspection process and address the problem in a speedy manner, he said.

Chinese fishermen have also been a problem for Taiwanese authorities. Government statistics show there were 25 cases of Chinese fishermen hijacking Taiwanese fishing boats, nine violent mutinies resulting in deaths and 402 Chinese fishermen who absconded while in Taiwan (252 were apprehended).

FISHERIES INDUSTRY

While Ma has also pledged not to allow more Chinese workers into the local market, some people are worried that the agreement will lead to more Chinese workers entering the country.

It has been 15 years since the government first allowed the hiring of Chinese fishermen, Hua said, and this week’s agreement will not change the policy that Chinese fishermen are hired outside the country to work and are allowed to come on shore only to take temporary shelter in case of storms.

The government has allowed Chinese fishermen to work on deep-sea fishing boats since 1991 and on offshore fishing boats since 1993. Chinese fishermen were allowed to rest or take temporary shelter on shore in special areas near harbors since 1993. Except for medical emergencies, they are banned from leaving the areas.

Under a proposed agreement, Chinese fishermen would be brought in by authorized Chinese and Taiwanese brokers and Chinese firms would be held responsible for any losses caused by intentional or major misconduct by Chinese fishermen, Hua said.

This would not only ensure the quality of Chinese fishermen but also protect Taiwanese owners of fishing boats, he said, although it might drive up their costs a little bit, including Chinese fishermen’s salaries.

TAXATION

Deputy Minister of Finance Chang Sheng-ford (張盛和) said most Taiwanese businesspeople working in China want the two sides to ink an agreement on dual taxation.

Some people, however, have voiced concerns that the agreement would give the Chinese government easy access to the tax information of the some 800,000 China-based Taiwanese.

The government has signed bilateral tax exemption agreements with 16 countries since 1981, Chang said. For the 16 countries that have signed bilateral tax-exemption agreements, the government has only provided tax information eight times, Chang said, adding that such information would only be provided in clear cases of tax evasion.

Data from the Ministry of Economic Affairs’ Investment Commission shows that between 1991 and last October, China-bound investment reached US$80.5 billion, far more than the officially registered figure of US$62.1 billion.

It was necessary to sign a tax accord with Beijing to accurately manage tax information, Chang said.

China has signed taxation arrangements with 89 countries, including Japan, South Korea, Singapore and Hong Kong. If Chinese investors have to pay more taxes here, it was bound to drive them away, he said.

Taiwanese businesspeople would also risk paying taxes both in Taiwan and China and their costs would go up due to the lack of direct contacts or negotiation channels should there be any disputes, he said.

Unlike the other three accords, the agreement on dual taxation would require legal revisions of Article 25-2 of the Act Governing Relations between the Peoples of the Taiwan Area and the Mainland Area (台灣地區與大陸地區人民關係條例). Should the revisions fail to be passed by the legislature, Taipei and Beijing will have no legal basis to negotiate on dual taxation, Chang said.

People don’t buy Ma’s China policies

Monday, Dec 21, 2009, Page 8

The fourth meeting between Straits Exchange Foundation (SEF) Chairman Chiang Pin-kung (江丙坤) and Association for Relations Across the Taiwan Strait (ARATS) Chairman Chen Yunlin (陳雲林) begins today.

Even before Chiang and Chen meet, the government has mobilized a large number of police and soldiers and tried to persuade shops near the venue to close. The opposition is mobilizing support from around the nation to demonstrate their opposition to Chen and some have even said they would “capture him alive.”

The opposition is tense and the atmosphere is reminiscent of the situation surrounding the meeting between Chiang and Chen in Taipei in November last year.

Why is everyone so tense?

Most people probably don’t even know what the four issues to be discussed are — cross-strait cooperation on quarantine inspection of agricultural products, avoiding double taxation, cooperation on measurement and inspection certification and cooperation on cross-strait fishing boat crew services.

These are in fact quite unremarkable routine issues that very few people pay any attention to. Nor will Chiang and Chen spend any time discussing these matters because they were basically decided at the previous meeting. Signing the agreements is more or less a matter of formality.

If no one cares about these agreements, then what is upsetting the government and the public?

This concern highlights the lack of trust between the government and the opposition. The government worries that it will be unable to control the public and that the scenes from last year will be repeated.

The Chinese-language Commonwealth Magazine released an opinion poll showing that 61 percent of respondents worry that the government’s economic policy relies too heavily on China and 66 percent are displeased with President Ma Ying-jeou (馬英九). Despite these figures, the government monopolizes cross-strait policy. Neither the opposition nor the popularly elected legislature can interfere.

Legislative reviews of previous agreements were all delayed by the Chinese Nationalist Party (KMT) on technical grounds and in the end went into effect by default. In the same way, all calls for referendums on important cross-strait agreements are falling on deaf ears.

The public has not been asked about important cross-strait agreements, either in direct referendums or through indirect consultation. Long pent up public concern has reached boiling point.

Chen’s visit to Taiwan provides a good opportunity for the public to vent their discontent and Chen may have to bear the brunt of their unhappiness with Ma’s high-handed ways and China’s overbearing attitude. In particular, the government’s unwillingness to explain what an economic cooperation and framework agreement (ECFA) entails and its stubborn insistence on signing it is causing public suspicion and fear, further strengthening people’s determination to display their discontent.

So long as the government does not fear exposing Chen to the national flag and so long as police do not use undue force and place too many restrictions on demonstrations, any protests that remain within what is legally permitted will likely end peacefully.

Following the government’s dismal performance in the recent local elections, they should be well aware of public dissatisfaction with government policy and its attitude. The government should cast off its elitism, take a good look at the demonstrations and listen to why the public is opposed to the meeting and why an ECFA worries them.

If the government does that, it will understand why the public does not support Ma’s China policies.

Politicians are trading our human rights away
　

By Liu Ching-Yi 劉靜怡
Monday, Dec 21, 2009, Page 8

Human Rights Day was Dec. 10 and this year it also marked the 30th anniversary of the 1979 Kaohsiung Incident.

Some media commentators lamented the fact that many Taiwanese fail to recognize the importance of this key event in the history of human rights in Taiwan, or have forgotten about it entirely. At the same time, while two international human rights covenants — the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights — have just come into effect in Taiwan, this significant event seems to have been overshadowed by clashes over the Jingmei Human Rights and Cultural Park. What role should the human rights that those in government are promising really play in today’s Taiwan?

If human rights are really to become a deep-rooted part of Taiwan’s culture, the government needs to set an example by putting those rights into practice, and this must be part of the government’s policies and day-to-day work. Otherwise, government officials’ gestures will be seen as a means of stalling the country’s search for historical truth and genuine reconciliation, instead imposing a certain historical mindset.

In that case, the apologies that are made year after year will contribute nothing to making human rights a reality and establishing them as part of our culture. Instead, rights will become no more than moral baubles, an easy substitute for making substantial change. Human rights will gradually become ineffective and people will become numb to the whole concept, or even find it repellent.

In order for human rights to become truly embedded in a country’s society and culture, the change has to start with checks on government power. In reality, however, the government’s review of existing laws in relation to the two covenants avoids important issues, while dwelling on the trivial, as does its list of more than 200 flaws in existing legislation.

It is a typical example of policy under President Ma Ying-jeou’s (馬英九) government. One has to worry how determined this government really is to put human rights into effect.

The Presidential Office has announced that it intends to establish a human rights advisory committee, but in the meantime the government seems to have completely forgotten about the need to review the security measures it took during last year’s meeting between Straits Exchange Foundation Chairman Chiang Pin-kung (江丙坤) and his Chinese counterpart, Chen Yunlin (陳雲林) — measures that severely restricted basic human rights protected by the two covenants.

The government appears unwilling to explain what consideration is being given to human rights as it implements security measures for the Chiang-Chen talks in Taichung this week.

The first test of a country’s human rights is its government’s treatment of its own people. When a government fails to take basic human rights as its starting point when dealing with the expression of dissident opinion and with demonstrations, then however many reviews it carries out of existing laws and whatever it does to educate the public about human rights, the gestures are laughable.

Who can have faith in a government that, in its negotiations with China, brushes aside proposals for human rights protection clauses in accords and fails to make the details of negotiations public, thereby denying the legislature’s right to oversight?

If the government doesn’t even care about simple rights such as these, the human rights it talks about are in danger of being traded away by politicians in their under-the-table deals.

Liu Ching-yi is associate professor of law in the Graduate Institute of National Development at National Taiwan University.