The Act on Promoting Transitional Justice (促進轉型正義條例), which aims to remove authoritarian-era symbols and retry cases of injustice from that era, was passed by the Legislative Yuan yesterday evening.
The act is aimed at addressing injustices perpetrated by then-Chinese Nationalist Party (KMT) government between Aug. 15, 1945, when the Japanese government announced it had surrendered, to Nov. 6, 1992, when the Period of National Mobilization against Communist Rebellion ended in Kinmen and Lienchiang counties.
A nine-member Transitional Justice Promotion Committee is to be created, to be overseen by the Executive Yuan, with its chairman nominated by the premier and approved by at least half of the members of the Legislative Yuan.
Photo: CNA
The committee is also to address and utilize ill-gotten political party assets, but its purview will not include items already covered by the Act Governing the Handling of Ill-gotten Properties by Political Parties and Their Affiliate Organizations (政黨及其附隨組織不當取得財產處理).
The new act states that data unconstitutionally seized during the authoritarian era are to be collated and archived and made available for research and educational purposes as long as people mentioned in the data have their privacy and their freedom of communication protected.
Authoritarian symbols commemorating dictators that are publicly displayed are to be removed, renamed or addressed by other means as a way of upholding the nation’s free and democratic constitutional system.
Photo: Huang Yao-cheng, Taipei Times
Criminal cases found to have been unjustly adjudicated on are to be reinvestigated by the committee, with defendants granted retrial. People found responsible for mistrials are to be held accountable and required to compensate defendants and their family members as well as to take measures to restore their reputations.
Political parties, their affiliates and organizations they operate are to report to the committee any political files in their possession which, if necessary, are to be transferred to the government and archived.
Those that fail to do so could be fined between NT$1 million and NT$5 million (US$33,341 and US$166,705) and could be subject to repeated fines.
People found guilty of disposing of, sabotaging or concealing political data owned by political parties or their affiliated organizations could face prison sentences of up to five years.
People who object to rulings by the committee would have one month to request a reinvestigation and two months to initiate an administrative lawsuit.
Chinese Nationalist Party (KMT) lawmakers said the Democratic Progressive Party (DPP) has undermined the nation’s political system by creating an agency with administrative, judicial and investigative powers.
The passage of the act heralds the dawning of a new authoritarian era, KMT Legislator Lai Shyh-bao (賴士葆) said.
The act clearly targets the KMT and overlooks atrocities perpetrated by the Japanese colonial government, he said.
“When the KMT regains political power, we will also propose a transitional justice bill targeting [President] Tsai’s [Ing-wen, 蔡英文] authoritarian rule,” he said.
Non-Partisan Solidarity Union Legislator May Chin (高金素梅) and New Power Party Legislator Kawlo Iyun Pacidal panned the act for not requiring the government to relinquish Aboriginal lands once held by the Japanese colonial government.
However, DPP Legislator Wang Ding-yu (王定宇) said the act “opened a new frontier” for victims of the authoritarian era, as the government can now legally investigate data from that period, seek out and punish perpetrators of injustice as well as compensate the era’s victims and restore their dignity.
This story has been updated since it was first published.
‘TAIWAN-FRIENDLY’: The last time the Web site fact sheet removed the lines on the US not supporting Taiwanese independence was during the Biden administration in 2022 The US Department of State has removed a statement on its Web site that it does not support Taiwanese independence, among changes that the Taiwanese government praised yesterday as supporting Taiwan. The Taiwan-US relations fact sheet, produced by the department’s Bureau of East Asian and Pacific Affairs, previously stated that the US opposes “any unilateral changes to the status quo from either side; we do not support Taiwan independence; and we expect cross-strait differences to be resolved by peaceful means.” In the updated version published on Thursday, the line stating that the US does not support Taiwanese independence had been removed. The updated
‘CORRECT IDENTIFICATION’: Beginning in May, Taiwanese married to Japanese can register their home country as Taiwan in their spouse’s family record, ‘Nikkei Asia’ said The government yesterday thanked Japan for revising rules that would allow Taiwanese nationals married to Japanese citizens to list their home country as “Taiwan” in the official family record database. At present, Taiwanese have to select “China.” Minister of Foreign Affairs Lin Chia-lung (林佳龍) said the new rule, set to be implemented in May, would now “correctly” identify Taiwanese in Japan and help protect their rights, the Ministry of Foreign Affairs said in a statement. The statement was released after Nikkei Asia reported the new policy earlier yesterday. The name and nationality of a non-Japanese person marrying a Japanese national is added to the
AT RISK: The council reiterated that people should seriously consider the necessity of visiting China, after Beijing passed 22 guidelines to punish ‘die-hard’ separatists The Mainland Affairs Council (MAC) has since Jan. 1 last year received 65 petitions regarding Taiwanese who were interrogated or detained in China, MAC Minister Chiu Chui-cheng (邱垂正) said yesterday. Fifty-two either went missing or had their personal freedoms restricted, with some put in criminal detention, while 13 were interrogated and temporarily detained, he said in a radio interview. On June 21 last year, China announced 22 guidelines to punish “die-hard Taiwanese independence separatists,” allowing Chinese courts to try people in absentia. The guidelines are uncivilized and inhumane, allowing Beijing to seize assets and issue the death penalty, with no regard for potential
‘UNITED FRONT’ FRONTS: Barring contact with Huaqiao and Jinan universities is needed to stop China targeting Taiwanese students, the education minister said Taiwan has blacklisted two Chinese universities from conducting academic exchange programs in the nation after reports that the institutes are arms of Beijing’s United Front Work Department, Minister of Education Cheng Ying-yao (鄭英耀) said in an exclusive interview with the Chinese-language Liberty Times (the Taipei Times’ sister paper) published yesterday. China’s Huaqiao University in Xiamen and Quanzhou, as well as Jinan University in Guangzhou, which have 600 and 1,500 Taiwanese on their rolls respectively, are under direct control of the Chinese government’s political warfare branch, Cheng said, citing reports by national security officials. A comprehensive ban on Taiwanese institutions collaborating or
RSS