Martial law in Taiwan (Chinese: 戒嚴時期; pinyin: Jièyán Shíqí; Pe̍h-ōe-jī: Kài-giâm sî-kî) refers to the periods in the history of Taiwan after World War II, during control by the Republic of China Armed Forces of the Kuomintang-led regime. The term is specifically used to refer to the over 38-year-long consecutive martial law period between 20 May 1949 and 14 July 1987, which was qualified as "the longest imposition of martial law by a regime anywhere in the world"[1] at that time (having since been surpassed by Syria[2]).
The first declaration of nationwide martial law was enacted by PresidentChiang Kai-shek on 10th December 1948. The declaration was effective nationwide except in Sinkiang, Xikang, Qinghai, Tibet Area and Taiwan. The territory in the north of the Yangtze River was declared as the War Zone, and the south was declared as the Alert Zone. With the continuing of the civil war, Chiang resigned as president on 21st January 1949, as KMT forces suffered terrible losses and defections to the Chinese Communist Party. The Vice PresidentLi Zongren was then sworn in as the Acting President. He decided to lift the nationwide martial law on 24th January in order to ease the situation and conduct negotiations with the Chinese Communist Party.
The negotiations between the Kuomintang and the Chinese Communist Party failed. The second declaration of nationwide martial law was enacted by Acting PresidentLi Zongren on 7 July 1949.[7] This declaration also excluded the five divisions as the first declaration, but all the south-of-Yangtze provinces became the War Zone, including the Fukien Province, under which Kinmen and Matsu were included.
The situation became worse in later months. In September 1949, Chen Cheng then submitted a request to PremierYan Xishan, proposing to amend the second Declaration of Nationwide Martial Law to add Hainan and Taiwan into the War Zone. However, the Acting PresidentLi Zongren then fled to Hong Kong in November 1949 and did not ratify the amendment.
The procedure of the ratification of the martial law declarations was significantly flawed as found by an investigation conducted by the Control Yuan.[9][10]
In December 1949, the Kuomintang-led government of the Republic of Chinaretreated to Taiwan. The ROC continued to claim sovereignty over all "China", which the ROC defines to include mainland China, Taiwan, Outer Mongolia and other areas while the Communist People's Republic of China claimed to be the only China and that the ROC no longer existed. Thus, the two regimes entered a new era of confrontation and the martial law became one of the most important laws to "suppress Communist and Taiwan Independent activities in Taiwan", issuing the emergency declaration.
Also in the year 1949, a series of relevant regulations were promulgated by ROC government, including the Regulations to prevent unlawful assembly, association, procession, petition, strike under martial law, the Measures to regulate newspapers, magazines and book publication under the martial law and the Regulations for the punishment of rebellions.
Under the martial law, the formation of new political parties was prohibited except the Kuomintang (KMT), the Chinese Youth Party and the China Democratic Socialist Party. In order to implement the strict political censorship, the lianzuo or collective responsibility system was adopted among the civil servants from 9 July 1949 and soon spread to all the enterprises and institutions, according to which no one would be employed without a guarantor.
The government was authorized by the martial law to deny the right of assembly, free speech and publication in Taiwanese Hokkien. Newspapers were asked to run propaganda articles or make last-minute editorial changes to suit the government's needs. At the beginning of the martial law era, "newspapers could not exceed six pages. The number was increased to eight pages in 1958, 10 in 1967 and 12 in 1974. There were only 31 newspapers, 15 of which were owned by either the KMT, the government or the military."[11]
Taiwan Garrison Command had sweeping powers, including the right to arrest anyone voicing criticism of government policy and to screen publications prior to distribution. According to a recent[when?] report by the Executive Yuan of Taiwan, around 140,000 Taiwanese were arrested, tortured, imprisoned or executed for their real or perceived opposition to the KMT and 3000–4000 people were executed during the martial law period. Since these people were mainly from the intellectual and social elite an entire generation of political and social leaders was decimated.
Lifting of martial law
Enforcement was slowly relaxed after Chiang Kai-shek's death in 1975, but continued until the exposure of the Donggang Incident by international media reportage and the follow-up Parliament questioning by newly elected Democratic Progressive Party (DPP) members in June 1987. The lifting of martial law was proclaimed by President Chiang Ching-kuo on 14 July, followed by the liberalization and democratization of Taiwan.[12][13] Before that, the Democratic Progressive Party was illegally established in September 1986 and won 22.2% of the vote in the Legislative Yuan election and 18.9% of the vote in the National Assembly that year.[14][15][16]
Lifting of martial law permitted opposition political parties to be formed legally for the first time, giving Taiwan's fragmented but increasingly vocal opposition a new chance to organize. But even after the law was lifted, tight restrictions on freedom of assembly, speech and the press remained in place, having been written into a National Security Law, which had been passed a few days before the lifting of martial law.[17]
In 1998, a law was passed to create the "Compensation Foundation for Improper Verdicts" which oversaw compensation to White Terror victims and families.[19][20] From 1998 to 2014, the foundation received 10,065 files. 1,940 were rejected for not relating to victims of the White Terror, as were 96 others under article 8 of the 1998 Compensation Act, whilst 7,965 applications were accepted, and 20,340 people were compensated.
In 2007, the Executive Yuan designated 15 July as "Commemoration Day of the Lifting of Martial Law".[21] President Ma Ying-jeou made an official apology in 2008, expressing hope that there would never be a tragedy similar to White Terror.[22]
^Art. 3, the Act on the Security and Assistance for Kinmen, Matsu,
Tungsha, and Nansha (jinmen mazu dongsha nansha anquan ji fudao tiaoli, 金門馬祖東沙南沙地區安全及輔導條例), version in effect from 7 November 1992, to 12 May 1994. "《世紀金門百年輝煌》建縣百年 金門大事紀". 金門日報特訊月刊. 29 September 2014. Retrieved 9 August 2019.
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