Thu, Mar 25, 2004 page8

• At stake: democracy and rule of law

  • By Joseph Wu 吳釗燮
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  The Central Election Commis-sion (CEC) announced on the night of March 20 after all ballots were counted that President Chen Shui-bian (陳水扁) won re-election. However, the pan-blue losers took to the streets with very serious accusations of irregularities. The intense demonstration on election night has continued without any end in sight.

  Chinese Nationalist Party (KMT) Chairman Lien Chan (連戰), the bitter loser, charged that there was wide-spread vote-rigging and irregularities across the country without presenting any concrete evidence. This is a very serious accusation against the Democratic Progressive Party (DPP), the party that has been fighting very hard to establish Taiwan as a model of democracy.

  For anyone who knows about the well-established balloting procedures in this country, vote-rigging is only in the memory of the past KMT authoritarianism.

  In the elections nowadays, after the polls close, the ballot boxes are opened and ballots counted openly in front of any interested citizen who wants to attend. In addition, it has become common for representatives from different political parties to conduct onsite supervision of the counting. In Saturday's election, the same procedures were followed. The ballot-counting process was as transparent as it could be and not a single problem was cited by any one.

  The demand of the pan-blue camp has shifted since the night of March 20 when Lien proposed a "review" of the ballots. A few hours later, the attorneys repre-senting the pan-blue camp sued the CEC to invalidate the election and demand the court seal all ballots. Then Lien wanted to have a recount, not just partial recount of the ballots from those polling stations that might have had "problems," but an overall recount.

  The Taiwan High Court accepted the case, ordered all ballots to be sealed, was ready to examine the charges and go forward for a recount, even a total recount, if it was deemed it necessary after the hearings.

  But because of a procedural error made by Lien, the court yesterday decided to throw out his case. Lien will have to decide whether to refile the lawsuit or seek another option.

  But even before the court ruling, the demand of the pan-blues had become an administrative recount by the CEC, to bypass the possibly lengthy court-ordered recount process.

  However, the law governing the presidential election does not provide the commission with such power and therefore a revision to the law is required to state specifically that the revision will apply to the already concluded election.

  Chen agreed to such a measure on Tuesday and ordered the DPP legislative caucus to initiate such a proposal.

  Since the sealed ballots have been in the custody of the court since Lien filed his case, he must withdraw his case so that the sealed ballots can be returned to the CEC for an administrative recount after the revision of the electoral law. This is a required due process.

  To the amazement of the country, Lien rejected the proposal and ordered the KMT legislative caucus to boycott the proposal to revise the law. Lien then wanted Chen to declare a national emergency so that a recount could be done without a court ruling and other legal and legislative process.

  People First Party (PFP) Chairman James Soong (宋楚瑜) even issued an ultimatum demanding a meeting with Chen within 24 hours and a recount to begin in 48 hours.

  The numerous shifts of Lien's demands make people suspect whether a fair and transparent legal procedure would satisfy him.

  In an interview given to a prominent member of the international media, Lien went so far as to claim that "he would have difficulties in accepting the ruling of the court."

  In another interview, he said that he would accept the result of the recount but he demanded a fresh election anyway. He also said that he could not control the crowd he brought to the Presidential Office square any more.

  Meanwhile, an even larger demonstration has been planned by Lien for this Saturday. One PFP lawmaker proclaimed that the pan-blue side is staging a revolution and therefore it did not care about the laws of the land.

  In the last few days, the most radical pan-blue politicians have taken the stage upon a sound truck in front of the Presidential Office building to make all kinds of outrageous but unsubstantiated allegations against Chen.

  The pan-blue camp's actions, particularly through rounds of international press conferences, have confused the international community about the presidential election.

  In turn, the pan-blue camp cites the lack of a congratulatory message from Washington to Chen as evidence that it has full backing from the US and the president's election is illegitimate, contrary to the fact that the CEC has made its official announcement in accordance with the law.

  Taiwan had some problems after the 2000 presidential election when a blue-camp crowd blamed Soong's defeat on former president Lee Teng-hui (李登輝) and forced Lee to step down as KMT chairman. This time around, a similar situation is taking place, where the loser of the race is blaming his opponent and has unleashed his supporters onto the street. These two events will definitely cast a shadow over Taiwan's democratic consolidation in the long run.

  For any young democracy to sustain and to flourish over time, the political elite's acceptance and their complete respect for the result of an election's results is the most fundamental rule of the game. A democracy should be run by the rule of law and political activities should be conducted through the due process of law, not overrun by demagogy and inflammatory but unsubstantiated allegations.

  The loser in the election should learn how to bow out gracefully rather than turn sour.

  Joseph Wu is deputy secretary-general to the president.
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