US embassy cable - 05TAIPEI3346

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 003346 
 
SIPDIS 
 
STATE PASS AIT/W 
 
E.O. 12958: DECL: 08/11/2015 
TAGS: PGOV, TW, Domestic Politics 
SUBJECT: CONSTITUTIONAL REFORM OFFICE OPENS: EXERCISE IN 
FUTILITY? 
 
REF: TAIPEI 2490 
 
Classified By: AIT Director Douglas Paal, Reason(s): 1.4 (B/D). 
 
1.  (C) Summary: On August 1, President Chen Shui-bian 
inaugurated a Constitutional Reform Office (CRO) in the 
Office of the President.  This is to be the first step in his 
"second stage" of constitutional reforms, following on the 
heels of the constitutional revision package enacted in early 
June (reftel).  Chen has publicly assured that this "second 
stage" of constitutional reforms will focus on good 
governance, government structure and efficiency, and human, 
labor and aborigine rights.  Chen also promised he would 
avoid sensitive areas related to Taiwan "sovereignty."  Chen 
has said he hopes to have a new or revised constitution ready 
by 2008.  Nearly insurmountable political and procedural 
obstacles stand in Chen's way, however.  There is little 
public support for constitutional reform, as most polls 
indicate people are much more concerned about economic 
recovery than constitutional reform.  Any proposals to reform 
the constitution, moreover, will have little chance of 
passing the rigorous new standards for constitutional change 
passed in early June.  End Summary. 
 
2.  (C) The new CRO Director, Lee Chun-yi, told AIT that 
Taiwan's current constitution, drafted by the KMT government 
in Mainland China in 1947 to govern all of China, is widely 
rejected in Taiwan as a foreign transplant.  In the 
fifty-plus years since the ROC constitution was enacted, he 
explained, Taiwan has transformed into a modern democracy 
premised on respect for basic human rights.  Since the 1947 
constitution does not mention, let alone protect individual 
rights, it does not reflect Taiwan's modern values.  Lee 
argued that if Taiwan wants to continue developing into a 
"normal" modern democratic society, the next logical step 
would be to replace the "foreign" and "outmoded" 1947 
constitution with one that reflects Taiwan's modern political 
structure and sensibilities.  He stressed that in order to 
get Taiwanese society to accept the new constitution as 
"theirs," they must be involved in its development. 
 
3.  (C) The CRO is technically a Presidential task force, Lee 
explained, which reports directly to Presidential Office 
Secretary General Yu Shyi-kun.  He told AIT that CRO's 
 
SIPDIS 
assigned task is to stimulate understanding and discussion of 
the constitutional reform issue in Taiwan through direct 
public outreach.  Taiwan's seven constitutional reforms since 
1990, Lee explained, including direct presidential elections 
and legislative reform, were all "top-down," implemented by 
the Legislative Yuan (LY) without meaningful public 
involvement.  By contrast, he continued, the CRO will take a 
"bottom-up" approach:  over the next 18 months, the CRO will 
host events to educate the public on how constitutional 
reform affects them (e.g. voluntary vs. mandatory military 
service, lower voting age requirements, environmental 
protections).  The CRO will also solicit input and proposals 
for constitutional reform from all sectors of society, 
including environmentalists, women's and workers' rights 
activists, young adults, and senior citizens.  The CRO will 
then transmit its findings to the LY, which will be 
responsible for drafting constitutional reforms.  President 
Chen, Lee explained, hopes the constitutional reforms will be 
passed and in place before the next president takes office in 
2008. 
 
4.  (C) On August 10, National Political University 
constitutional law professor Bruce Liao (Yuan-hao) told AIT 
that he and other scholars suspect President Chen fully 
understands he has little chance of effecting any meaningful 
constitutional reform, and has embarked on this "second 
round" for purely political reasons.  Liao explained that 
Chen, a "master at setting the political agenda," always 
gains by promoting constitutional reform: in pushing for a 
more "Taiwanese" constitution Chen demonstrates to his 
deep-green supporters that he is still committed to Taiwan 
independence, and when reform is stalled, Chen can always 
cast blame on the Pan-Blues. 
 
5.  (C) Comment:  President Chen's July 21 announcement of 
his plan to establish the CRO received a cool, in some cases 
hostile, reception.  Critics accused President Chen of being 
out of touch with Taiwan's political and economic reality, 
arguing that voters wanted Chen to improve the economy, not 
fiddle with constitutional reform.  Others feared the CRO 
would provide a venue for Chen to pursue his cherished, and 
cross-Strait destabilizing, drive for a new Taiwan 
constitution.  In response to the strong reactions, Chen 
altered course and announced that he would establish the CRO 
to inform and educate the people of Taiwan about the need for 
constitutional revision.  Criticisms aside, even if the CRO 
is able to stimulate significant public interest in 
constitutional reform, any reform proposal must overcome the 
high hurdles put in place by the constitutional revision 
package passed on June 7 (reftel):  three-fourths of the LY 
must approve the bill, which then must be ratified by over 
half of the eligible voters in a national referendum.  In 
this context, President Chen's hopes for a new or revised 
constitution by 2008 seem highly unlikely.  End comment. 
 
6.  (U) Bio Note:  Lee Chun-yi is the son of National Taiwan 
University law professor Lee Hung-hsi, President Chen 
Shui-bian's personal mentor.  Lee Chun-yi is former Deputy 
Mayor of Chiayi City and a prominent constitutional law 
expert in his own right. 
PAAL