The outlook for Democratic Progressive Party (DPP) Chairperson Tsai Ing-wen’s (蔡英文) bid for the presidency next month is looking brighter all the time. The contenders in the presidential election have all officially registered as candidates, and there is a strong possibility that the Jan. 14 election will result in a transfer of power from one party to another. Already some DPP supporters are fretting that, during the interlude between Jan. 14 and the new president’s inauguration on May 20, the Chinese Nationalist Party (KMT) government may pull a lot of strings, some of which might be detrimental to the interests of the state and the public. Some even worry that the KMT might refuse to hand over the reins of government.
Of course, one should not ascribe ulterior motives to other people without good cause. However, the concern remains that in a democratic society where the rule of law prevails, everything should be done according to the law. To ensure that happens, the ruling and opposition parties should set aside their political differences and get on with the job of formulating legislation to regulate the transfer of government authority.
KMT lawmakers have come up with a number of proposals and put them together to form the party’s draft law on the transfer of power. The DPP also presented its own draft two months ago, after consulting with academics and experts. It is to be expected that there would be differences between the positions laid out in the drafts proposed by the governing and opposition parties. The point, however, is that nobody can guarantee that any party will either be in government forever or eternally in opposition. Just as the prefaces to the versions proposed by both sides say, changes in the governing party is likely to be a normal state of affairs in this country in the future.
For the sake of Taiwan’s long-term stability and security, setting up a legal framework to regulate transfers of power is an urgent task. From a negative point of view, it can prevent the incumbent administration from refusing to cooperate and from making reckless policy and personnel changes or wasting national resources during the handover period.
From a more positive angle, it would safeguard the security of the president-elect and ensure that he or she can get a grip on government in good time. To this end, concerned government agencies should cooperate with the incoming administration on business and personnel matters to facilitate a smooth handover.
In fact, as far back as 12 years ago, the governing and opposition parties at the time had already proposed legislative motions calling for speedy completion of regulations covering the transfer of government authority. Unfortunately, the two major parties each had their own agenda. The KMT, which was in power at the time, did not want to have its hands tied, and to protect its own interests, it made sure that that opportunity to set up a transfer system was lost.
When I was serving as head of the Research, Development and Evaluation Commission, I invited academics and experts to collect data about the procedures for government handovers in advanced democracies such as the US, Germany and France. The book is probably the most comprehensive research on the subject of government transfer ever published in Taiwan. A considerable part of the versions now being proposed by the two main parties is drawn directly from the book or by reference to it.
The way government authority is transferred has a big influence on a nation’s political stability and development. Presidential elections in Taiwan are preceded by nearly a year of campaigning, which takes up a great deal of financial and personnel resources. Once voters have chosen the next president and vice president, it is very important that the handover should go ahead peacefully. Taiwan’s civil service is non-partisan. Its armed forces, once subordinate to the KMT, are now loyal to the state, and it has an independent judiciary. Despite these advances, the fact remains that the apparatus of government is a huge machine, and a formal handover of power is a massive undertaking. This is true of any country, and all the more so of Taiwan, where democracy is not yet as stable as those of some other countries.
I was involved in the transfer of power following the 2000 and 2008 presidential elections, and the experience showed how vitally important it is to have comprehensive legislation to regulate the process, as is the case in the US, France and Germany, for example.
It is often said that the law is the most basic moral standard. Laws should be set in place to deal with any opportunity there may be for using the handover period to harm the interests of the state and the public.
There is nothing disrespectful in making such demands of the incumbent president and government agencies. It is necessary to maintain a healthy system. There should be detailed regulations about the times and dates when various things come into effect. Important matters that need to be regulated include the rights and personal security of the president-elect and the legally defined rights of the people the incoming president has appointed to take over various posts.
There are very few political appointees among Taiwan’s civil servants. The business handled by various ministries is very complicated, so when a new minister is appointed, along with a few other essential staff, they need the outgoing government to help out if they are going to get a grasp on their department’s affairs in the short time available. Countless items need to be handed over, including files, important documents, personnel, budgets and temporarily frozen policies. My own experience tells me that if the transfer process is not enshrined in law, it is bound to be defective, and this can seriously impair political stability and the continuity of policies.
Setting up a legal system to govern the transfer of government authority is an urgent task, and the KMT’s attitude is the key element that will decide whether this task can be accomplished. For the sake of the country’s long-term peace and stability, the legislature should use what is left of the current session to pass such a law. The governing and opposition parties should set aside their differences, find common points and get the law onto the books. It is in the interests of the nation, and the public expects our lawmakers to get the job done.
Lin Chia-cheng teaches at Soochow University and is a former head of the Cabinet’s Research, Development and Evaluation Commission.
Translated by Julian Clegg
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