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The flaws of institutions that smear good people

It was merely 20 years ago that the Chinese Nationalist Party (KMT) lifted martial law in Taiwan. Today, Taiwan has blossomed into a vibrant democracy.

Yet on Sept. 21, Vice President Annette Lu (呂秀蓮), former Democratic Progressive Party chairman Yu Shyi-kun and National Security Council Secretary-General Mark Chen (陳唐山) were indicted on charges of corruption and forgery. They stand accused of misusing special discretionary funds that are allotted to thousands of top public leaders and civil servants.

It may appear to many observers that Taiwan remains a haven for unscrupulous officials rather than perspicacious leaders.

However, the decision to indict these leaders was political, as opposed to legal. Poor regulations dictating the use of special discretionary funds, as well as a lack of oversight, are to blame for the controversy.

NO STANDARD

There is no objective standard as to what constitutes acceptable use of special discretionary funds; the laws governing their dispersal are vague and subsequently invite widely diverging interpretations.

Many of the indictments have stemmed from the fact that officials often treat the funds as personal income and not public money, as was allegedly the case with KMT presidential candidate Ma Ying-jeou (馬英九).

These factors point to a severe institutional problem, a malady that Taiwanese leaders must cure to further consolidate their young democracy.

Civil servant misuse of special discretionary funds is normally considered an administrative infraction. The Taiwanese institution holding jurisdiction over such infractions is the Control Yuan, the government oversight agency.

However, what should remain an essential watchdog agency has lain dormant for more than two years.

The KMT-controlled legislature has refused to place President Chen Shui-bian's (陳水扁) nominees on the agenda. The debate on such violations has thus fallen into the hands of overzealous prosecutors.

Logically, they should concentrate their initial efforts on investigating accountants responsible for handling discretionary funds who must justify to what ends they approved their use. If, after further examination, all evidence points toward particular officials, then move forward from there.

DEDICATED

The vast majority of officials are dedicated, loyal public servants who struggled to unshackle Taiwan from dictatorial rule to create a free, democratic society. Lu, Yu and Chen are among these notable leaders, the vice president in particular.

Taiwan's first modern feminist -- and the living embodiment of democratic reforms -- has built her entire career on clean politics. Exploiting systemic flaws to engage in politically motivated vendettas is both shameful and detrimental to the country.

Lu herself urged the world to recognize that "Taiwan is not just an island. It has 23 million well-educated people with a well-developed sense of democracy. Don't underestimate their collective strength."

Taiwan's march toward freedom has covered much ground in the past 20 years.

Its devotion to democracy, peace and prosperity has made a profound impression on people all over the globe.

It is therefore incumbent upon Taiwanese leaders to correct the institutional flaws that have created unnecessary upheaval and continue to make the world marvel at its democratic achievements.

Julia Famularo is a Fulbright scholar researching Taiwanese elections and a researcher at DPP headquarters.
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