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The Long Shadow: Taiwan's Era of Martial Law

An in-depth examination of the 38-year period of military rule in Taiwan, its profound societal impact, and the eventual path to liberalization.

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Overview

A Prolonged State of Emergency

Martial law in Taiwan refers to a significant period in the island's post-World War II history, specifically the continuous military rule imposed by the Kuomintang-led Republic of China Armed Forces. This era spanned over 38 years, from May 20, 1949, to July 14, 1987. At the time of its lifting, it was recognized as the longest imposition of martial law by any regime globally, a record since surpassed by Brunei.[1][2]

Initial Declarations

The "Declaration of Martial Law in Taiwan Province" was initially enacted on May 19, 1949, by Chen Cheng, then chairman of the Taiwan Provincial Government and commander of the Taiwan Garrison Command. This provincial order applied to the Island of Taiwan and Penghu.[3] It was subsequently superseded by an amendment to the "Declaration of Nationwide Martial Law" by the central government, which received retroactive consent from the Legislative Yuan on March 14, 1950.

The Path to Lifting

The extensive period of martial law in the Taiwan Area (including Taiwan Island and Penghu) was eventually lifted by a Presidential order. President Chiang Ching-kuo promulgated this order on July 15, 1987, marking a pivotal moment in Taiwan's transition towards democracy.[4]

Historical Context

Early Precedents

The concept of martial law within the Republic of China (ROC) dates back to the late Qing dynasty, with a 1908 draft constitution, influenced by Japan's Meiji Constitution, including such provisions.[5] The Provisional Constitution of March 1911 further empowered the President to declare martial law during emergencies. The Martial Law Declaration Act, issued by the Nationalist Government in the 1920s and amended in the 1940s, provided the legal framework.

Post-War Declarations

Following Japan's surrender in August 1945, the ROC occupied Taiwan. Martial law was declared twice in 1947 due to the February 28 incident, a widespread protest against the Kuomintang's occupation administration and economic collapse. The first declaration by Chief Executive Chen Yi on February 28, 1947, was briefly lifted on March 2, only to be reimposed on March 9. It was finally lifted on May 16, 1947, after the incident was repressed and the Taiwan Provincial Government reformed.

Chinese Civil War & Taiwan

The ongoing Chinese Civil War significantly shaped Taiwan's martial law era. In April 1948, the National Assembly passed the Temporary Provisions against the Communist Rebellion, which became the de facto legal basis for martial law from 1948 to 1987.[6]

  • December 10, 1948: President Chiang Kai-shek enacted the first nationwide martial law, excluding Sinkiang, Xikang, Qinghai, Tibet Area, and Taiwan. The Yangtze River served as a division between "War Zone" (north) and "Alert Zone" (south).
  • January 21, 1949: Chiang resigned, and Acting President Li Zongren lifted nationwide martial law on January 24 to facilitate negotiations with the Chinese Communist Party.
  • May 19, 1949: As civil war refugees flooded Taiwan, Chen Cheng enacted the Declaration of Martial Law in Taiwan Province.
  • July 7, 1949: Negotiations failed, and Acting President Li Zongren enacted the second nationwide martial law, again excluding the five divisions, but declaring all south-of-Yangtze provinces, including Fukien (Kinmen and Matsu), as a "War Zone."[7]
  • December 7, 1949: The Kuomintang-led ROC government retreated to Taiwan.
  • March 14, 1950: The Legislative Yuan retroactively endorsed the second nationwide martial law, including an amendment to add Hainan and Taiwan to the "War Zone," thus superseding the provincial declaration. This status persisted until the 1987 Lieyu Massacre.[8]

Investigations by the Control Yuan later revealed significant flaws in the ratification procedures of these martial law declarations.[9][10]

Profound Impact

Suppressing Dissent

After the Kuomintang government's retreat to Taiwan in December 1949, martial law became a critical instrument to suppress perceived "Communist and Taiwan Independent activities." This period was characterized by a severe curtailment of civil liberties, justified by the ongoing confrontation with the People's Republic of China.

A series of stringent regulations were promulgated in 1949:

  • Regulations to prevent unlawful assembly, association, procession, petition, strike under martial law
  • Measures to regulate newspapers, magazines and book publication under the martial law
  • Regulations for the punishment of rebellions

Political & Social Control

The martial law era enforced strict political censorship and control. The formation of new political parties was largely prohibited, with only the Kuomintang (KMT), Chinese Youth Party, and China Democratic Socialist Party permitted. A "lianzuo" or collective responsibility system was implemented from July 9, 1949, extending to civil servants and then all enterprises, requiring guarantors for employment.

Freedom of speech and publication was severely restricted, particularly for Taiwanese Hokkien. Newspapers were subjected to government propaganda and editorial changes, with strict page limits (e.g., six pages initially, gradually increasing to twelve by 1974). Only a limited number of newspapers were allowed, many owned by the KMT, government, or military.[11]

Human Cost: The White Terror

The Taiwan Garrison Command wielded immense power, including the authority to arrest individuals critical of government policy and to pre-screen publications. This period, often referred to as the "White Terror," resulted in a tragic loss of life and liberty. A report by the Executive Yuan of Taiwan indicates that approximately 140,000 Taiwanese were arrested, tortured, imprisoned, or executed for actual or perceived opposition to the KMT. Between 3,000 and 4,000 individuals were executed. This systematic repression disproportionately affected the intellectual and social elite, leading to the decimation of an entire generation of potential leaders.

The Path to Liberalization

Relaxation and Dissent

Following the death of Chiang Kai-shek in 1975, the enforcement of martial law began to slowly relax. However, it remained in effect until international media exposed the Donggang Incident, prompting parliamentary questioning by newly elected Democratic Progressive Party (DPP) members in June 1987.

The Democratic Progressive Party, despite being illegally established in September 1986, demonstrated significant public support by winning 22.2% of the vote in the Legislative Yuan election and 18.9% in the National Assembly that same year.[14][15][16]

Proclamation of Lifting

President Chiang Ching-kuo officially proclaimed the lifting of martial law on July 14, 1987, with the order becoming effective on July 15.[12][13] This landmark decision ushered in an era of liberalization and democratization for Taiwan. For the first time, opposition political parties could legally form, providing a crucial avenue for the island's increasingly vocal opposition to organize and participate in the political process.

Post-Martial Law Landscape

Despite the lifting of martial law, strict controls on freedom of assembly, speech, and the press persisted, having been codified into a new National Security Law enacted just days before the martial law's abolition.[17]

The Temporary Provisions against the Communist Rebellion, which had served as the legal foundation for martial law, were finally repealed on May 1, 1991. However, a temporary declaration of martial law remained in effect for frontier regions, including Fukien Province (Kinmen and Matsu) and the South China Sea Islands (Tungsha and Taiping Island in Nansha). This final temporary martial law was formally lifted on November 7, 1992, signifying a complete transition to constitutional democracy for the entire Free Area of the Republic of China. Restrictions on civilian travel to Kinmen or Matsu were maintained until May 13, 1994.[18]

Legacy & Remembrance

Compensation Efforts

In 1998, Taiwan enacted legislation to establish the "Compensation Foundation for Improper Verdicts." This foundation was tasked with overseeing the process of providing compensation to victims and families affected by the White Terror era.[19][20]

From 1998 to 2014, the foundation processed a substantial number of cases:

  • 10,065 files received.
  • 1,940 applications rejected for not relating to White Terror victims.
  • 96 applications rejected under Article 8 of the 1998 Compensation Act.
  • 7,965 applications accepted.
  • 20,340 individuals compensated.

Commemoration & Apology

To acknowledge this critical period in its history, the Executive Yuan designated July 15 as "Commemoration Day of the Lifting of Martial Law" in 2007.[21] This day serves as a national reminder of the sacrifices made and the journey towards democracy.

In 2008, President Ma Ying-jeou issued an official apology for the White Terror era, expressing a profound hope that such a tragedy would never recur in Taiwan's future.[22] These acts of remembrance and apology are crucial steps in transitional justice and national healing.

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References

References

  1.  å®œè˜­å¸‚志—國府時期(1945~1961)
  2.  å…¨åœ‹æˆ’嚴令
  3.  ç›£é™¢å ±å‘Š:38年戒嚴令—發布有瑕疵
A full list of references for this article are available at the Martial law in Taiwan Wikipedia page

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