CONSTITUTIONAL REFORM MEANS CIVIL RIGHTS, NOT

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 000222

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/23/2016
TAGS: PGOV TW
SUBJECT: CONSTITUTIONAL REFORM MEANS CIVIL RIGHTS, NOT
INDEPENDENCE

REF: A. 2005 TAIPEI 3346


B. 2005 TAIPEI 2490

Classified By: AIT Director Douglas Paal, Reason(s): 1.4 (B/D).


1. (C) Summary: Constitutional Reform Office (CRO) Director
Lee Chun-yi told AIT on January 17 that his office's
constitutional reform work over the next two years will be
limited to human rights and environmental protection
concerns, and will not touch on government structural reforms
or sensitive issues like Taiwan's sovereignty or name change.
The current standoff between ruling and opposition parties
is unfavorable to government structural reforms, Lee
explained, so these will have to wait until after the current
round of rights amendments are completed. Lee said the
government will follow the procedures approved by the
National Assembly in June 2005, obtaining Legislative Yuan
(LY) approval of any proposed constitutional amendment before
holding a national referendum. End Summary.


2. (C) AIT asked CRO Director Lee Chun-yi whether President
Chen's remarks on constitutional reform in his New Year
address had resulted in any change in the CRO's work plan.
Lee said no, but added that CRO on its own had scaled back
its constitutional amendment plans because of the
difficulties presented by opposition pan-Blue control of the
LY. Lee said the CRO's current objective is to solicit
grassroots input and support in drafting constitutional
amendments to safeguard the environment and the rights of
labor, women and minorities. CRO plans to complete its
drafting process by September 2006, at which point all
proposed amendments will go to the LY for review. Lee said
that if the LY approves the amendments by May 2007, a
referendum could be timed to coincide with the December 2007
LY elections.


3. (C) During an earlier meeting last August, Lee told AIT
that constitutional reforms would also include several
amendments aimed at improving the structure and efficiency of
Taiwan's "national" government (Ref A). During the January
17 meeting, however, Lee said that CRO has set aside such
reforms for the present because they will have little chance
of approval from the current opposition-controlled LY. He
was cautiously optimistic that environmental protection and
human rights-related amendments will stand a chance of
passing LY muster because they are less controversial than
changes to government structure. The proposed constitutional
amendments to improve government structure and efficiency,
Lee explained, would be included as part of the "next phase"
of constitutional reform.


4. (C) Lee assured AIT that the CRO will abide by the
constitutional referendum procedures approved by the National
Assembly in June 2005 (Ref B),and will not seek to sidestep
the LY by pushing for a direct national referendum on
constitutional reform. In the LY, Lee explained,
constitutional amendments must be approved by at least 75
percent of the legislators present and voting and to hold a
vote there must be a quorum consisting of 75 percent of the
total LY members. After approval by the LY, constitutional
amendments are then submitted to a public referendum. Lee
told AIT that the real challenge for any constitutional
amendment will not be in the LY but at the referendum stage,
where an amendment will fail unless more than fifty percent
of all eligible voters approve.

Comment
--------------


5. (C) The CRO's modest constitutional reform plans sound
quite different than President Chen's January 1 vision of a
new constitution to be adopted by referendum in 2008. Chen
doubtless views his expansive but vague plan for a new
constitution as good politics, particularly among deep-Green
voters in the January 15 DPP Chairman election. Chen is very
likely to continue manipulating this sensitive issue both to
shore up his deep-Green base and to provoke politically
useful controversy with the pan-Blue opposition and the PRC.
Chen has not done anything concrete to suggest he will pursue
constitutional reforms beyond the CRO's current agenda, but

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AIT will continue to monitor this issue closely.
PAAL