Frank Hsieh's First Challenge: Transitional Justice within the DPP

Frank Hsieh's First Challenge: Transitional Justice within the DPP
United Daily News editorial
translated by Bevin Chu
May 10, 2007

Frank Hsieh has won a major victory in the primary election, and will represent the Democratic Progressive Party (DPP) in its bid for president in 2008. But now he faces his first major challenge, how to implement transitional justice within his own party.

At this time and place transitional justice within the DPP means negotiating the transition from the Chen Shui-bian Era to the Frank Hsieh Era by reestablishing justice within the DPP.

But even though the Five Princes vowed to uphold party unity the day after the primary, Frank Hsieh's situation within his own party remains precarious. Chen Shui-bian has publicly declared that he "will not be a lame duck, and still has many matters to attend to." This remark was clearly directed at Frank Hsieh, warning him against acting rashly. Su Tseng-chang still occupies the position of prime minister, and surely intends to shield Chen Shui-bian and to check Frank Hsieh. Su and Hsieh became foes during the primary election. If Su continues to control the cabinet, he will remain a thorn in Hsieh's side. Yu Hsi-kuen, who persists in advocating formal independence, remains DPP chairman. Hsieh, who advocates a Conciliation and Coexistence cross-Straits policy, has become a square peg in a round hole. Therefore, even though Frank Hsieh has won the party primary, he now finds himself in the crosshairs of a Chen/Su/Yu trio.

If Su Tseng-chang had won this primary, Su would merely be obediently fulfilling Chen's wishes. Chen and Su would be be as one, and transitional justice would not be an issue. But Frank Hsieh is not Chen Shui-bian's political heir. The gap between his ideology and direction and Chen's is increasing. Naturally transitional justice is going to be problem. The role Chen Shui-bian has assigned Su Tseng-chang is to clean up after Chen, to polish the image of the Chen Shui-bian Era. The role Frank Hsieh has assigned himself is to establish an innovative Frank Hsieh Era. Therefore, the first challenge Frank Hsieh faces is transitional justice within the DPP.

Even after the results of the primary became known, Chen Shui-bian continued lying. He said he maintained neutrality during the primary election, and that since he had never intervened on behalf of Su, Hsieh's win didn't mean that the presidential trump card had lost any of its magic. Chen Shui-bian, for whom lying has long been second nature, has given the public yet another reason to loathe him. This primary was a watershed vote of confidence within the DPP. On the one hand it was a vote of non-confidence in the Chen/Su alliance. On the other hand it was a vote of confidence in the nation's path and cross-Straits policy.

As matters stand, Chen Shui-bian, who lost a vote of confidence, says "I am not a lame duck." Su Tseng-chang, who lost a vote of confidence, remains prime minister. Yu Hsi-kuen,who failed to win the primary, remains DPP party chairman. Frank Hsieh, who won a vote of confidence, finds himself surrounded and under attack by Chen/Su/Yu. What an absurd and dangerous situation.

In both political ideology and political style, Chen and Hsieh are very different people. That is why transitional justice is an issue. Frank Hsieh supports the Resolution on Taiwan's Future and advocates amending the constitution only in accordance with procedures laid out in the constitution. Hsieh's differences with Chen Shui-bian, who is anxious to rewrite the constitution, and Yu Hsi-kuen, who proposes to do away with the Resolution on Taiwan's Future, are obvious. Furthermore, Frank Hsieh's ideas about Conciliation and Coexistence are at odds with Chen Shui-bian's cutthroat political tactics. The most important difference is that Chen Shui-bian's political aim is to use Taiwan independence ideology as cover for massive corruption, and to continue controlling the political scene even after leaving office, whereas Frank Hsieh's declared goals are to become "a president to all the people" and to promote "ethnic coexistence and cross-Straits peace." Chen Shui-bian must ensure that he remains a "power behind the throne" even after leaving office. Frank Hsieh must guard against the possibility of Chen Shui-bian becoming a "king of kings" above him. Chen Shui-bian hopes that the status quo within the DPP, which champions independence, champions Chen, champions graft, remains just as it is, and not be subjected to transitional justice. But Frank Hsieh must implement transitional justice, otherwise he cannot mark the transition from a Chen Shui-bian Era to a Frank Hsieh Era. To sum up, the confrontation between Chen and Hsieh hinges on whether the DPP will implement transitional justice within its own party.

One could say that Frank Hsieh is the person most consciously committed to transitional justice within the DPP in 20 years. He is also the first person to win the system's endorsement and vote of confidence. Others who have advocated transitional justice within the DPP, such as Hsu Hsing-liang , Shih Ming-teh, and Lin Yi-hsiung, were not as fortunate. On May 6, the DPP party primary made Frank Hsieh the party's presidential candidate. It also endorsed transitional justice within the party.

But if Chen Shui-bian, who champions independence as cover for his corruption, is not willing to be a lame duck, if Chen Shui-bian's agent Su Tseng-chang still occupies the Prime Minister's office, if Yu Hsi-kuen, who demands Taiwan independence remains DPP chairman, how is Frank Hsieh to promote transitional justice within the DPP? How will he win over swing voters during the presidential election? Even if he wins the election, he may be held hostage by those who haven't transitioned, in which case, how is he to rule the nation?

The day after the primary, when Chen Shui-bian stood in front of Frank Hsieh and told him to his face that "I am not a lame duck," is the day the struggle over transitional justice within the DPP began.

Original Chinese below:

謝長廷的第一課：完成民進黨內的「轉型正義」
【聯合報／社論】
2007.05.10 03:17 am

謝長廷初選大勝，將代表民進黨競選總統；但他面臨的第一個課題與挑戰，卻是必須儘速完成「民進黨內」的「轉型正義」。

此時此際，所謂「民進黨內的轉型正義」，就是對「陳水扁時代」換軌至「謝長廷時代」之黨內正義的重建。

但是，縱使「五大天王」在初選翌日即聯袂宣示團結，謝長廷在黨內的處境卻仍相當凶險。陳水扁公開宣示「不會跛腳」、「還有很多事要做」，這當然是衝著謝長廷而發，命他不得輕舉妄動。蘇貞昌仍居閣揆之位，則亦可確定是獲陳水扁授意，意在牽制謝長廷；而蘇謝在初選中已成仇敵，蘇續掌內閣，謝不啻芒刺在背。至於堅持「法理台獨」的游錫?回任黨主席，與謝「和解共生」的兩岸政策亦成圓鑿方枘，遂成雞兔共籠之局。於是，謝長廷看似初選勝出，其實卻仍陷於扁蘇游三人的層層包夾之中，凶險莫測。

倘若此次初選是蘇貞昌勝出，蘇承扁意，扁蘇一體，自然不會有「轉型正義」的問題。但是，謝長廷卻不是陳水扁的政治後裔，且在政治境界與政策路線上與陳水扁的區隔愈來愈大，自然就有「轉型正義」的問題。簡單而言，蘇貞昌被授予的角色是為「陳水扁時代」擦屁股，謝長廷自許的角色則是為「謝長廷時代」創新機。因此，謝長廷面臨的第一個課題，就是「黨內轉型正義」。

陳水扁直至初選揭曉後仍在說謊。他說，他在初選中維持中立，「總統牌既然沒有出，所以也就沒有總統牌失靈的問題」。說謊成性的陳水扁之令人厭惡，又增一例。但是，此次初選卻無疑是一次重大且慘烈的黨內信任投票。一方面是對扁蘇聯盟的信任投票，另一方面亦是對國家路線兩岸政策的信任投票。

如今的情勢卻是：輸掉信任投票的陳水扁說「我未跛腳」，輸掉信任投票的蘇貞昌則仍掌內閣，未贏得初選的游錫?亦仍占據黨主席的職位。謝長廷贏得了這場信任投票，竟仍身陷扁蘇游的圍堵之中；荒謬莫甚於此，凶險亦莫甚於此。

無論從政治理念及政治操作上來看，扁謝皆不屬同一「型」；因此，遂有「轉型正義」的問題。謝長廷的「台灣前途決議文」立場，及「循憲定修憲程序修憲」，與急欲操弄正名制憲的陳水扁頗有差異，亦與主張廢除「台灣前途決議文」的游錫?顯有區隔；再者，謝長廷的「和解共生」理念與陳水扁擅長的割喉手段亦大異其趣。最重要的差別是，陳水扁的政治目標在「用台獨漂染貪腐」，俾在卸任後繼續操縱政局；謝長廷的政治目標，卻是成為「全民總統」，創造「族群共生，兩岸和平」的憧憬。陳水扁現在必須部署在離任後「垂簾聽政」的條件，謝長廷則自今日始就應防範陳水扁未來成為「太上總統」的風險。陳水扁希望民進黨內「挺獨挺扁挺貪」的「正義」繼續維持，不可「轉型」；但謝長廷則必須創造「轉型正義」，否則即不可能由「陳水扁時代」轉軌至「謝長廷時代」。總而言之，扁謝二人的一切矛盾，皆在是否實現「黨內轉型正義」

或許可以這麼說：謝長廷是二十年來民進黨內有意識地提倡「黨內轉型正義」、且竟能贏得體制背書及信任投票的第一人。其他曾主張「黨內轉型正義」者，如許信良、施明德及林義雄，皆無此福緣。因此，五月六日這場黨內總統初選，不只是為謝長廷成為民進黨總統候選人頒授令狀，更不啻是民進黨對處理「黨內轉型正義」作了背書。

但是，如果「挺獨遮貪」的陳水扁不肯「跛腳」，如果陳水扁的代理人蘇貞昌仍占據內閣，如果「台獨真堅定」的游錫?亦留任不去，謝長廷將如何體現內外對「黨內轉型正義」的期待？將如何爭取中間選民以贏得大選？即使贏得大選恐亦仍被「未轉型者」挾持，則又將如何治國？

初選翌日，陳水扁當面向謝長廷宣稱「我未跛腳」之時，民進黨「應否實現黨內轉型正義」的鬥爭已告爆發！