The government’s proposed amendment to the Civil Servants Election and Recall Act (公職人員選舉罷免法) is unconstitutional and would not prevent gangsters from influencing politics in Taiwan, the New Power Party (NPP) caucus said yesterday.
The amendment, which was unveiled by the Executive Yuan last week and endorsed by the Democratic Progressive Party (DPP) caucus, would prohibit people convicted of specific crimes, such as gun violence, drug dealing, election bribery and national security offenses, from running in elections.
“Black gold” politics — in which politicians form ties with organized crime and gangs to consolidate power and obtain benefits — cannot be eradicated by banning people convicted of gun violence or other criminal behavior from running in elections, NPP caucus whip Chiu Hsien-chih (邱顯智) told a news conference in Taipei.
Photo: Wang Yi-sung, Taipei Times
Gangsters can continue to influence politics through their agents or intermediaries who operate under a seemingly legitimate front, he said.
“However, the proposed amendment would permanently deprive people convicted of specific crimes the right to run in elections, regardless of the severity of the crime. It would run counter to the principles of proportionality and equality enshrined in the Constitution,” Chiu said.
The Executive Yuan did not explain why people convicted of financial or sex crimes can still run for office, he said.
The US, Japan and the EU generally impose a temporary ban on criminals from running for office, with the severity of the sanctions contingent upon the severity and types of crimes they committed, Chiu said.
“All Taiwanese hope that ‘black gold’ politics will disappear, which is also a legislative priority for us. However, the proposed amendment to the Civil Servants Election and Recall Act must be constitutional. It must not serve as a smoke screen that the government pushes in a hurry to distract the public. This must not be the government’s attitude in tacking the issue,” Chiu said.
NPP Legislator Claire Wang (王婉諭) said it is difficult to shake up “black gold” politics, because organized crime members could use family members or people they trust with a clean background to run for office on their behalf.
They can also seek to influence politics by directly negotiating with elected officials, she said.
The amendment, if passed, might prevent gangsters from running in elections, but it would not stop them from propping up other candidates, she said, adding that the amendment could end up being unenforceable.
Article 14 of the Organized Crime Prevention Act (組織犯罪防制條例) already stipulates that political parties may be fined NT$10 million to NT$50 million (US$325,521 to US$1.63 million) for nominating people who are convicted of criminal offenses within five years after their registration as candidates, Wang said.
“However, we have been informed by the Central Election Commission that neither the DPP nor the Chinese Nationalist Party (KMT) have been fined for contravening Article 14 of the Organized Crime Prevention Act in the past 10 years, even though many politicians from both parties, as well as high-ranking party members, have ties to gangs,” she said.
NPP deputy caucus whip Chen Jiau-hua (陳椒華) said that the party proposes that the criminal records of candidates be published in a government gazette that is distributed to households before elections.
“The gazette is supposed to provide correct information about the candidates, which should be a guide for voters in casting their ballots,” Chen said.
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