Showing posts with label transitional_justice. Show all posts
Showing posts with label transitional_justice. Show all posts

Wednesday, March 1, 2023

Chiang Wan-an, Chiang Ching-kuo and 228



Let me be upfront: this is an off-the-cuff post that I honestly need to research more. When I have the time, I'll try to update it accordingly. Please understand, I have a huge writing assignment coming due and have just been diagnosed with diabetes resulting from post-COVID complications, so I'm not as focused as I should be. 

With that said, I want to talk about Taipei Mayor Wayne Wan-an Chiang, his grandfather Chiang Ching-kuo, and the 228 Massacre. While speaking at a 228 memorial event today, Chiang was heckled by protesters waving white banners and demanding he "kneel and apologize" for the crimes of his ancestors. Other protesters -- legislators Lin Liang-chun, Wu Pei-yi and Miao Po-ya -- held signs in the audience saying "Stop Idolizing Dictators", "Return Records to the State" and "Remove Authoritarian Symbols" (my translation). 

Miao, on point as usual, said that authoritarian symbols (such as Chiang Kai-shek Memorial Hall) have no place in a democracy, that Mayor Chiang's speech was full of well-worded rhetoric but "beautiful words don't matter as much as what the words actually do", that many families were not participating in commemorative activities due to deep sadness, and that truth, justice and reconciliation in that order are vital for transitional justice. 

One might say that it's unfair to demand that Chiang, grandson of one dictator and great-grandson of another, apologize for the crimes of his ancestors. He is not the same person as his ancestors, and he was on stage acknowledging the fact of the 228 Massacre.

No, not the 228 "Incident". Massacre.

There is an alternate universe somewhere in which I agree with this: it's the one where Chiang is still surnamed Chang despite legal agreement that he is the grandson of Chiang Ching-kuo, but chose not to change his name because he understood the implications. It's the one where he ran for mayor without tying his legacy to the memory of Chiang Ching-kuo who was, again, a dictator. It's the one where he acknowledged the crimes against humanity committed by both of his legally-recognized ancestors, and promised that truth, justice and reconciliation without idolizing one of them or attempting to draw on his name.

That's not the universe we live in. We live in the one where he puts Mass Murder Grandpa on his campaign flags.




Still, you might say, the Chiang whose reputation he called upon to bolster his own campaign wasn't the perpetrator of 228. Chiang Ching-kuo wasn't the same as his father.

That, I must say, is a distinction without a difference. First of all, although it's true that even Mayor Chiang understands that Chiang Kai-shek's image should not be on his campaign flags, he absolutely stands for the continued existence of his great-grandfather's memorial hall with its statue in situ -- a memorial hall built to make him seem like a great man, not the butcher he was. That is, a memorial hall that continues to enshrine the worst of the KMT dictatorship and obscure, not confront, the worst of its horrors. 

That should be enough, but wait -- there's more! Chiang Ching-kuo, the ancestor that Chiang Wan-an idolized so much that he put the guy on his campaign flags, might not have been the chief perpetrator of 228, but it's wrong to say he wasn't involved at all. 

After the slaughter had begun, he arrived in Taiwan on March 17, 1947: 

By the 17th, the Army were declaring victory. Defense Minister Bai Chongxi (白崇禧) arrived in Taiwan with the generalissimo's son, Chiang Ching-kuo (蔣經國), and wired a message to Chiang Kai-shek that "order is mostly restored, and we are in pursuit of the last remaining rebels that joined forces with armed thugs.”

It's more likely than not that Chiang agreed with this depiction of events -- one in which the victims ("thugs" and "rebels") were at fault and the government was "restoring order". 

NewTalk describes his work around March 17th as "telegraphing the arrest list", after which further crackdowns were carried out. Is NewTalk the definitive source on this? Not necessarily, but Chiang was with Bai and others in Taiwan to deal with 228. The arrests and executions -- both organized against dissidents and indiscriminate -- continued. Chiang's hands are not clean.

After their arrival, Bai and Chiang toured the island, visiting Keelung, Chiayi and Kaohsiung among other places. I mention these cities specifically because they're known for being places where the KMT committed especially egregious massacres. Chiang and Bai visited Chiayi the midst of mass executions taking place in that city. Did he personally order the executions? Probably not, as some occurred before his arrival. Many, however, occurred after, including the execution of 70 individuals in Chiayi. 

Did he know about them and approve? Surely.

Some of those executed were tortured as well. Thinking Taiwan describes the treatment of Dr. Pan Mu-chi, who had his nails pierced with iron and was doused in gasoline.

If the son of the dictator visits a city with the Defense Minister in the midst of mass executions, broadcasts a message following the wishes of his father, allegedly telegraphs an arrest list, and then that many people are executed if not heinously tortured, how can one possibly say that that dictator's son holds no culpability?

Let's move to Kaohsiung. Here's Chiang shoulder-to-shoulder with Peng Meng-chi, known as the "Butcher of Kaohsiung". I took it from Taiwan Gazette, but it's also available on Imgur: 


CCK and the Butcher of Kaohsiung

Best Buddies


Here's what Peng did

The narration describes Taiwan governor Chen Yi as the main culprit, along with Peng Meng-chi (彭孟緝), the garrison commander, who gave the order to the military to attack the train station, the Kaohsiung Middle School, the Kaohsiung Municipal Government and to shoot all the city councilors, who were in the process of negotiating a settlement for the 228 Massacre.

Here's more

In Kaohsiung, where protests had also broken out, fortress commander Peng Meng-chi (彭孟緝) was losing patience. On the 6th, Peng gave orders to move on protesters that had gathered at the train station, city hall and Kaohsiung Senior High school. Three of Kaohsiung’s most prominent community members were arrested and later executed, including Tu Kuang-ming (涂光明), Fan Tsang-jung (范滄榕) and Tseng Fengmin (曾豐明).


Peng's Kaohsiung massacre happened on March 6th, Chiang Ching-kuo arrived on the 17th, after it had taken place. They seem extremely friendly. What are the chances that Chiang either didn't know or didn't approve of Peng's actions?

Chiang would go on to become the head of secret police, helping his father carry out the White Terror. For decades before he was said to usher in democracy (an honor he does not deserve), he wrote consistently of his disdain for democratic elections and Taiwanese identity, calling them useless, tools of the "Communist bandits" and others who seek to divide the state. He stated that the opposition should never be allowed to form a political party, and that Taiwan independence activists were "reactionaries" supported by those same "Communist bandits" who "sought to turn small issues into big ones" (you know, such as recognition of the mass murder of their loved ones) with "insidious and vicious scheming". 

His bestie, The Butcher of Kaohsiung, would become the head of the Taiwan Garrison Command among other high-ranking or honorable political placements

These words and actions may not be directly related to 228, but they spring from the uncaring, trigger-happy attitude to Taiwan that both helped cause 228, and became that event's legacy for decades to come. There is no evidence that Chiang Ching-kuo was ever remorseful for what his government had done, or his role in it. That role may be dwarfed by the actions of Chiang Kai-shek or Chen Yi, but he did play a role, and that matters.

Where does that leave us with his grandson, the mayor? 

Well, when you take a man like Chiang Ching-kuo and make him one of the main thrusts of your campaign for political office, you best be willing to acknowledge and atone for his sins, as well. Some still hold residual goodwill towards Chiang Ching-kuo for his infrastructure projects, perceived role in the Taiwan Miracle and the notion that he helped usher in democratization (he did not). Chiang Wan-an very obviously wanted to capitalize on this, to stir nostalgia for the "good old days" in oldsters, at least the ones who never had a family member dragged off and shot.

Otherwise, as a friend put it, Wan-an wants all the advantages of being a Chiang, with none of the downsides. That's not how these things should work. It is ethically wrong to grasp for one while refusing to acknowledge the other. If he wants to connect his political career to his grandfather's legacy, that must include the entirety of said legacy; there's no ethical way to pick and choose.

If Chiang doesn't want to be held accountable for this, he should take his Mass Murder Grandpa's face off all his damn flags. If you want the face of the man to be one of the faces of your campaign, you should indeed "kneel and apologize" for all of the horrible things he did. If that sounds unappealing, well, there's a reason why.

Chiang Wan-an is not only not "clearing authoritarian symbols" as Miao Po-ya demanded and any reasonable person would want. He is quite literally using them to climb the political ladder. That is disgusting and Chiang should be ashamed of himself. Kneel and apologize. 

Until then, others should follow the Taiwan 228 Care Association's example and make him persona non grata at 228 events. I don't care if he's the mayor.

As that's not likely, just imagine there's a sign on his forehead that says "heckle me harder", because that's what Chiang Wan-an deserves.

Friday, November 22, 2019

When Indigenous groups ask for their land back, what does that mean?

IMG_1159


After reading about the occupation near the presidential office by Indigenous activists asking for the return of their ancestral land reaching its 1000th day with little movement from the Tsai administration (other than law enforcement officers repeatedly clearing them out), I thought this would be a good time to write a little bit about what these activists want.

Plenty of reports on the issue state that the Indigenous groups are asking for about 1.8 million hectares of land, which is about half of the island of Taiwan, which has an area of approximately 3.6 million hectares.


You can also read about how the Tsai administration is willing to return all public land, but not privately-owned land. This comes out to offering about 800,000 hectares, or a little less than half of what was asked for. (I'm not sure why Kolas Yotaka told Reuters that they would be able to claim 90% of their land - that's clearly not the case.)

The casual reader, at this point, might turn against the Indigenous cause - they want half of Taiwan? That's insane! They want people who already privately own that land to just give it up? And they want this for half the country's territory, when they are only 2% of the population? They can't be serious! 

Yet few have reported on what exactly these Indigenous rights groups are asking for when they say "we want our land back" to head off such reactions.

To figure this out, I sat down with Kerim Friedman, an associate professor in the Department of Ethnic Relations and Cultures (within the College of Indigenous Studies), at National Dong Hwa University. Or, more accurately, I asked him over lunch one day to explain what exactly the goal of "returning land" meant. Do they really want all that privately-owned land to be taken from the current owners and handed to Indigenous tribes?

Apparently, the answer is: not exactly. 

The intention isn't to kick landowners off their land, or for 2% of the people to control 50% of the land.

Instead, it's to gain sovereignty over traditional Indigenous land, without taking away private property rights, which gives Indigenous people a say in how their traditional lands are used, much as the national government currently has the right to do over private property. 



Put another way by Mata Taiwan (in Ketagalan Media): 

According to the convener of Indigenous Youth Front Savungaz Valincinan, all private property are at the same time part of the sovereign territory of the Republic of China. Within the sovereignty of the Republic of China, people are entitled to private ownership and are allowed to freely use and trade the land in accordance with the law.
Therefore, returning sovereignty to the Indigenous peoples still allows private property holders their ownership rights. When the land is considered within traditional Indigenous territories, private rights are governed by Indigenous or tribal laws. If sovereignty conflicts with private ownership, then privately held lands would be outside of national jurisdiction, which is just absurd.

Questions over what to do with private land come up all the time - certain changes that owners want to make might need to be approved by the government. Certain sales and development projects may require that too. Just because you own the land doesn't mean you can do anything you want to it, and certain land or sites of cultural importance may garner greater protection. They would be better able to negotiate favorable terms with developers, as well.  It would probably also afford them hunting rights on those lands (though I'm not sure).


You might also call this a "seat at the table": 


Article 21 of the Indigenous Peoples Basic Act (原住民族基本法) states that: “When governments or private parties engage in land development, resource utilization, ecology conservation and academic research in indigenous land, tribe and their adjoin-land which owned by governments, they shall consult and obtain consent by Indigenous peoples or tribes, even their participation, and share benefits with Indigenous people.” [Emphasis mine]

What the Indigenous activists want is to be a part of those discussions, so that if someone who privately owns land that was once Indigenous wants to, say, build a bunch of luxury hotels or a factory on it without regard for the local environment or other Indigenous settlements that might be nearby, they have the ability to challenge or request an injunction on such plans, as the historic inhabitants of that land. In other words, exactly what the government already has the right to do.

Seems quite reasonable when it's explained clearly, doesn't it? 
So, why is the government refusing to consider this request? According to the government

According to the government’s wording, the exercise of the right to consent would violate private property rights guaranteed under the Constitution, and that is why privately owned land was excluded from the definition of traditional Aboriginal [sic] territory.

That doesn't make a lot of sense, though, when you consider that the ROC retains sovereignty over all of this privately-owned land already, with the ability to make laws governing its use as well as expropriation rights. Indigenous land rights probably wouldn't even go that far - I can't find anything that says that Indigenous groups are looking for any right to eminent domain/expropriation.

Mostly, it would mean that private landowners would have to consult with both the ROC government and a local Indigenous council before doing anything with their land. So - a seat at the table.

In fact, the Mata Taiwan/Ketagalan Media article above clarifies Indigenous groups have affirmed that "private development within traditional indigenous areas are still subject to environnmental, water, or construction regulations", meaning that the ROC would not lose all control of those lands.

It seems clear that living on such land would not be much different from living anywhere else in Taiwan now. The only change would be that the Indigenous group claiming the land would have a say in how it is developed. I fail to see how this is unreasonable in any way.

Why can't the ROC use legal tools that already exist to protect Indigenous interests when approving private property development projects? Well, because they haven't done a particularly good job of it before:


Controversial development cases in recent years such as the Shanyuan Bay resorts included at least 70% private lands. Before the regulations, Indigenous groups could at least claim to be a stakeholder, but current regulations clearly fenced out the voice of the Indigenous groups.... 
During [a] press conference on February 14, Commissioner Icyang [Parod] said all the various opinions within the indigenous peoples will be taken into consideration, almost as a response to the protesters outside. But over the last year, whether on Pingpuzu recognition or the current land dispute, the authorities had not fully consulted the Indigenous communities.

If you think that's bad, consider the Asia Cement debacle, on Truku land

Complainants say that the ACC [Asia Cement] plant, its operations, and the legislative processes that make this possible have been executed in violation of the Taiwan's Indigenous Peoples Basic Law. The local peoples have never been properly consulted regarding the use of their Indigenous lands. Certainly, they did not grant permission for the resulting land and social degradation. 
ACC claims that over half of its employees are locals. In addition to acquiring community approval signatures four decades ago — which the locals claim were forged and some included deceased people — this serves as what they claim is sufficient basis for free and prior informed consent.

Of course, no issue is simple. The Indigenous who are counted in that 2% number cited above are typically the descendants of 'Mountain Indigenous', an old designation of unassimilated Indigenous groups who had mostly moved to the mountains and not mixed as much with Chinese immigrants to Taiwan. 'Plains Indigenous', or Pingpu, have fought harder for recognition as they did tend to assimilate and intermarry with the Chinese settlers and are now often (though not always) culturally indistinguishable from them.


It's important to point out that the land that 'Mountain Indigenous' claim is more likely to be government land (being in sparsely-inhabited mountainous areas), which has led to some success. Plains Indigenous who want the same land-claim rights face a harder battle, as not only are they less likely to be recognized as Indigenous, but most of the land they would claim is private property on the densely-populated plains. As such, they've been less successful. (It's also worth noting that not all of the members of the former group necessarily want the latter group to gain recognition, for a variety of complex reasons that I don't feel qualified to tackle right now.)

In addition, according to Mata Taiwan/Ketagalan Media, some lands are subject to overlapping claims by different Indigenous groups.


That still doesn't really give Tsai a strong reasoning for not considering what the Indigenous people are asking for, however:

One additional controversy is over the resolution that traditional Indigenous nations’ overlapping claims and other disputes, should be mediated by the central government (assumably the Council). This regulation has stirred up concerns as well, because the track record of the government in meddling or “assisting” in tribal matters often led to greater conflict and weakened the Indigenous peoples’ methods of mutual dispute resolution.

These issues are solvable, if those in power are willing to talk to marginalized groups and take reasonable requests seriously.

After all, this land was stolen from Indigenous groups. In many cases, it was simply taken from them by various colonial powers, and once wrested from Indigenous inhabitants, it was passed through a series of state-owned enterprises or sold to private buyers - that's why a fair amount of this land is tied up in big corporate interests like Asia Cement. In other cases, settlers from China used the language barrier to their advantage to 'trick' Indigenous inhabitants into unknowingly giving up their land - a practice which hardly constitutes informed consent.

And yet, a proper solution doesn't seem to be happening here and I have to wonder why.

Tuesday, December 19, 2017

My latest for Ketagalan Media: the KMT is a virus and the ROC is a compromised system

That's not the actual title, of course, and it covers more ground than that.

I'm just happy that the fine folks at Ketagalan let me publish this behemoth, include a swear word and call the KMT a "virus".

Be warned, it really is long. But it's well-organized and I'd like to think thoughtful as well.

Friday, March 17, 2017

Places where the KMT might have misplaced and forgotten about a billion dollars



No but for serious, the KMT just sort of "found" like a billion US dollars that they...forgot about? Or something? So I thought I'd compile a helpful list of places the KMT might have found it, since they aren't saying. Maybe look in those again and see if there's another few billion lying around?

1.) Chiang You-bo was sorting his great grandpa's old things and he found it in an old chest in the attic under Pop-pop's war stuff

2.) The other day I found NT100 in my jeans pocket, maybe it was like that?

3.) Someone finally hit Sean Lien with a hammer, he cracked open and it fell out

4.) They finally checked the couch cushions at KMT headquarters (from a friend)

5.) Well, I mean, it's obvious. They thought they'd spent it on their astronomical music and media budget producing high-cost masterpieces like this

6.) Everybody knows that Lien Chan's nickname is "Forgetful Lien" - oops! Forgetful Lien's up to his old antics again! Ha ha ha!

7.) YOU CAN NEVER UNDERSTAND OUR 5000 YEARS OF CHINESE CULTURE

8.) Hung Hsiu-chu left it in the back of a taxi. Fortunately, since Taiwan is such a safe country, the friendly taxi driving uncle returned it.

9.) They had thought of it in the same terms as the 1992 Consensus and only recently realized that, no, unlike the 1992 Consensus, this money is a real thing that exists

10.)  "Oh, but actually...ahem...errr...we knew about this money so...uh...but...what I mean is...see, we brought our own money from China and used it to help Taiwan...so...err...what are you complaining about what with all the good stuff we did for Taiwan and we didn't do any bad stuff at all" (this seems to be their actual excuse)

11.) "Oh hi honey...what do you mean? No, those flowers were for my...boss. It was her birthday. What do you mean her birthday was last month? Well, I forgot, and so I got her flowers this month...what money? Oh, that money...that's...that's for us! It was supposed to be a surprise! You know I only love you."

12.)
"Ooooohhh, that was real money? Oops"