Direct Democracy Watch 24.11.18
Fukushima, same-sex marriage and Tokyo Olympics
“Referendum” is an ugly word among European intellectuals, especially after Brexit referendum, which most of them consider as tragedy. For many referendum is synonymous with populism, deliberate lies, unfulfillable promises and appeals to all kinds of prejudice. The left is afraid that people are xenophobic and careless. The right is frightened that people are envious and imprudent. Both believe that if people were left to their own devises, they would make irresponsible choices — much more irresponsible than the ones made in their names by legislators.
But is it really the case?
In Direct Democracy Watch I’ll follow referendums around the world to find out what choices people make when they’re allowed to decide. I’m a classical liberal and my most cherished value is liberty, so the main criterion I apply is if the decisions people make in referendums make their countries more or less free.
Here’s the first issue of DDW — Taiwan referendum of 24.11.2018, the first big referendum held in this country according to its recently liberalized laws.
LEGAL PROVISIONS
Taiwan Referendum Act of 2017 stipulates that to initiate the first stage of referendum process, an individual or a group should collect a number of signatures equivalent to 0.01% of the number of voters who participated in the last presidential elections. For 2018 it’s about 1900 signatures.
After they’ve passed that stage, they have to collect 1.5% of signatures of all eligible voters for referendum to be approved by legislators. It’s about 280000 signatures.
If 280000 valid signatures have been collected, the referendum is called, usually at the same day as general or local elections.
Any questions can be asked excluding the one that concern Taiwan national symbols and its national borders.
There’s no minimum turnout requirement, but to win a referendum, a majority that constitutes not less than 25% of eligible voters must agree to the act, which makes 25% the effective minimum turnout (if 25% of voters took part in a referendum and all of them voted YES). For 24.11.2018 referendum it means that at least 4939267 voters must agree.
Referendum of 24.11.2018 is the first referendum in Taiwan held according to the new law. It includes 10 questions from several initiative groups.
TOPICS OF 24.11.208 REFERENDUM
On the topic of Same Sex marriage two initiative groups are opposing each another. One group wants to ban same sex marriages and LGBT education in schools, permitting at the same time same sex civil unions. The other group wants to legalize same sex marriages and to make LGBT education in schools mandatory.
On the topic of food imports from Japan, voters are asked if they want to lift the existing ban on agricultural products from Fukushima and surrounding regions (all agricultural products from the region undergo safety control and are sold in Japan and worldwide, China and Taiwan being the only two countries that ban them).
On the topic of power stations, voters decide if they want to faze out coal power stations and if they want to cancel fazing out nuclear power stations.
On the topic of national identity they decide if they want to insist that their delegation should named Taiwan on Olympic Games. Currently Taiwanese sportsmen compete under the name of Chinese Taipei because of the pressure exerted by the People Republic of China on the International Olympic Committee. If the measure is approved, it will mean a conflict with IOC which can ban Taiwan from the next Olympic Games.
I will asses results of the referendum on one criterion only — do they increase freedom of individuals and non-government bodies to decide for themselves or do they decrease these freedoms by introducing additional limitations and requirements.
QUESTIONS AND RESULTS
The difference between FOR + AGAINST and 100% is invalid votes. In order for a measure to pass the result for YES should be more than 25% of total eligible voters.
Power Stations
- Do you agree to reduce by 1% year by year the production of Coal-Firing Thermal Power Plants?
V (FOR) 73.8%, X (AGAINST) 19.57%, TO (Turnout) 54.56%
R (Result: For / Total Voters) 40.27%. Passed (R > 25%)
Majority for restrictions
- Do you agree to the establishment of an energy policy to “Stop construction and expansion of any Coal-Firing Thermal Power Plants or generator units (including the Shen Ao Power Plant currently under construction)”?
V 72.35%, X 21.79%, TO 54.51%
R 38.46%. Passed
Majority for restrictions
- Do you agree to repeal Article 95 paragraph 1 of The Electricity Act: “The nuclear-energy-based power-generating facilities shall wholly stop running by 2025”?
V 59.49%, X 40.51%,TO 54.83%
R 29.84%, Passed
Majority for freedom
Trade
- Do you agree that the government should maintain the prohibition of agricultural imports and food from areas affected by the Fukushima March 11th Disaster? Specifically, those from Fukushima proper and the 4 surrounding districts and cities of Ibaraki, Tochigi, Gunma, and Chiba?
V 72.29%, X 20.7%, TO 54.56%
R 39.44%. Passed
Majority for restrictions
LGBT
- Do you agree that marriage defined in The Civil Code should be restricted to the union between one man and one woman?
V 69.46%, X 26.37%, TO 55.8%
R 38.76%. Passed
Majority for restrictions
- Do you agree that the Ministry of Education should not implement the Enforcement Rules for Gender Equity Education Act in elementary and middle schools?
V 64.34%, X 31.06%, TO 55.73%
R 35.85%. Passed
Majority for freedom
- Do you agree to the protection of the rights of same-sex couples in co-habitation on a permanent basis in ways other than changing of the Civil Code?
V 58.12%, X 36.97%, TO 55.75%
R 32.4%. Passed
Majority for freedom
- Do you agree to the protection of same-sex marital rights with marriage to be defined in the Civil Code?
V 30.92%, X 63.52%, TO 55.37%
R 17.12%. Rejected
Majority for restrictions
- Do you agree in accordance with “Gender Equality Education Act” that national education of all levels should educate students on the importance of gender equality, emotional education, sex education, same-sex education?
V 32.09%, X 62.25%. TO 55.33%
R 17.75%. Rejected
Majority for freedom
Independence
- Do you agree to the use of “Taiwan” when participating in all international sport competitions, including the upcoming 2020 Tokyo Olympics?
V 43.13%, X 52.29%. TO 55.89%
R 24.11%, X>V. Rejected
Freedom neutral
TOTAL SCORE
Taiwanese voters supported restrictions in coal energy (twice), same sex marriage (twice) and agricultural import.
They supported freedom in nuclear energy, education (twice) and same sex partnership.
