Ⅰ.National
Referendum
The political
rights of Election, Recall, Initiative and Referendum of the people of Taiwan
are firmly entrenched in the constitution of the country. On December 31, 2003,
the Referendum Act was enacted and established a legal basis for the people to
vote directly on laws or legislative principles or important policies. There
have been totally 5 times of national votes on 20 referendum proposals since
the Act was enacted. For the results of votes, 7 of the 20 proposals were
adopted, while the other 13 were vetoed (as listed in the table below).
The
amendments to the Referendum Act were promulgated on January 3, 2018. Under the
revisions, the Central Election Commission becomes the competent authority
responsible for national referendums, the legal voting age is lowered to 18,
the Referendum Review Committee is abolished, an electronic system is
established to enable citizens to propose and joint signatures, and the
thresholds for proposing, jointing signatures, and approving referendums is
significantly reduced. This will move the country towards its goals of
realizing the full potential of individual sovereign rights and empower the
people of Taiwan to exercise direct democracy.
Another amendment of partial Referendum Act articles were promulgated on
June 21, 2019. The major revisions of this amendment include: stipulate the
inadmissible submission conditions of proposals and joint signatures, the
re-submission for proposal and joint signatures is limited to one time only,
the list of joint signers should be submitted all at once, as well as stipulate
that the referendum voting date will be the fourth Saturday of August and the
referendum vote will be held once every 2 year starting from 2021.
The Act
stipulates referendums can be initiated by citizens through petition drives, by
motions from the Legislative or the Executive Yuan, or at the president’s
request. While national referendums are the responsibility of the Central
Election Commission, local referendums are managed by the municipal and county
(city) governments. Local election commissions are responsible for the polling
proceedings.
Voted national referendum proposals：
|
Proposal Number/ Voting date |
Question |
Result |
|
Proposal No.1 March 20, 2004 |
The People of Taiwan demand that the Taiwan Strait
issue be resolved through peaceful means. Should Communist China refuse to
withdraw the missiles it has targeted at Taiwan and to openly renounce the use
of force against us, would you agree that the Government should acquire more
advanced anti-missile weapons to strengthen Taiwan's self-defense
capabilities? |
Fail to pass |
|
Proposal No.2 March 20, 2004 |
Would you agree that our Government should engage in
negotiation with Communist China on the establishment of a "peace and
stability" framework for cross-strait interactions in order to build
consensus and for the welfare of the peoples on both sides? |
Fail to pass |
|
Proposal No.3 Jan 12, 2008 |
Do you agree that the following principles should be
followed to legislate a "Statute on the Disposition of Assets Improperly
Obtained by Political Parties," in order to return such properties of
the Kuomintang to the people?: Properties of the Kuomintang and its associated
organizations – outside of party dues, political donations, and public
campaign subsidies – should be presumed inappropriately acquired and returned
to the people. Those already liquidated, the party should compensate at
market value. |
Fail to pass |
|
Proposal No.4 Jan 12, 2008 |
Do you agree that legislation should be enacted to
investigate the responsibility of leaders of the nation and their
subordinates, when there is grave damage to the nation due to their wrongful
intentions or gross negligence in carrying out their duties? Further, do you
agree that Commissions of Inquiry should be set up by the Legislative Yuan to
investigate such matters; and that the departments of the government should
cooperate fully without resistance, in order that the benefits of the people
will be preserved? That the personnel criminally at fault should be punished
and their illegal income be recovered? |
Fail to pass |
|
Proposal No.5 March 22, 2008 |
In 1971, the People’s Republic of China joined the
United Nations, replacing the Republic of China and causing Taiwan to become
an orphan in the world. To strongly express the will of the people of Taiwan
and to enhance Taiwan’s international status and participation in
international affairs, do you agree that the government should apply for UN
membership under the name "Taiwan"? |
Fail to pass |
|
Proposal No.6 March 22, 2008 |
Do you agree that our nation should apply to return to
the United Nations and join other international organizations based on
pragmatic, flexible strategies with respect to the name [under which we apply
to and participate in them]? That is: Do you approve of applying to return to
the United Nations and to join other international organizations under the
name “Republic of China”, or “Taiwan”, or other name that is conducive to
success and preserves our nation’s dignity? |
Fail to pass |
|
Proposal No.7 November 24, 2018 |
Do you agree “to reduce at least 1% on average per
year” gradually of the power generation outputs of thermal power plant? |
Pass |
|
Proposal No.8 November 24, 2018 |
Do you agree to establish an energy policy to “Stop the
construction and expansion of any fossil fuel power station or generator
units (including the Shen Ao Power Plant currently under expansion
construction)”? |
Pass |
|
Proposal No.9 November 24, 2018 |
Do you agree that the government should continue to
prohibit the import of agricultural products and food from areas affected by
the Fukushima March 11th Disaster? Specifically, those from Fukushima
district and the 4 surrounding cities of Ibaraki, Tochigi, Gunma, and Chiba? |
Pass |
|
Proposal No.10 November 24, 2018 |
Do you agree that marriage defined in the Civil Code
should be restricted to the union between a man and a woman? |
Pass |
|
Proposal No.11 November 24, 2018 |
Do you agree that the Ministry of Education and schools
(elementary and junior high schools) should not implement the gender equality
education defined by the Enforcement Rules for Gender Equity Education Act to
students under primary and junior high school education? |
Pass |
|
Proposal No.12 November 24, 2018 |
Do you agree to implement the protection of same-sex
couples’ rights of permanent cohabitation by ways other than amending the
marriage definition in the Civil Code? |
Pass |
|
Proposal No.13 November 24, 2018 |
Do you agree to use the name “Taiwan” when applying for
attending in all international sport competitions, including the upcoming
2020 Tokyo Olympics? |
Fail to pass |
|
Proposal No.14 November 24, 2018 |
Do you agree to implement the protection of same-sex
marital rights with the marriage definition in the Civil Code? |
Fail to pass |
|
Proposal No.15 November 24, 2018 |
Do you agree that the “Gender Equality Education Act”
should stipulate the implementation of gender equality education in every
stage of primary and junior high school education, including relationship
education, sex education and Sexual Orientation & Gender Identity
education? |
Fail to pass |
|
Proposal No.16 November 24, 2018 |
Do you agree to repeal the Article 95 paragraph 1 of
The Electricity Act: “The nuclear-energy-based power-generating facilities
shall wholly stop running by 2025”? |
Pass |
|
Proposal No.17 December 18, 2021 |
Do you agree the activation of Taiwan's mothballed
Fourth Nuclear Power Plant? |
Fail to pass |
|
Proposal No.18 December 18, 2021 |
Do you agree that government should put a ban of the
importation of pork, internal organs and pork products containing ractopamine
(β-adrenergic receptor agonists)? |
Fail to pass |
|
Proposal No.19 December 18, 2021 |
Do you agree within six months from the date the
referendum be announced establishment, if there is a national election take
place during the period, and in accordance with the provisions of the
Referendum Act, that the referendum shall be held in conjunction with the
national election? |
Fail to pass |
|
Proposal No.20 December 18, 2021 |
Do you agree to relocate the construction site of CPC
Third LNG Receiving Terminal away from the coastal and sea areas of Taoyuan's
Datan Algae Reef?（The coastal area from the estuary of
Guanyin River in the north to the estuary of Xinwu River in the south, and
the sea area stretching out five kilometers parallelly alongside the lowest
tide line of the aforementioned coast.） |
Fail to pass |
Ⅱ.Constitutional Referendum
The ROC
Constitution was adopted on December 25, 1946, by the National Assembly
convened in Nanking. It was promulgated by the National Government on January
1, 1947, and put into effect on December 25 of the same year. According to Article
174 of the Constitution, amendments to the Constitution shall be proposed and
decided by the National Assembly, or proposed by the Legislative Yuan, followed
by a referendum by the National Assembly.
After terminating the “Temporary Provisions
Effective during the Period of Communist Rebellion” and seven constitutional
revisions since 1991 to 2005, the National Assembly was abolished, and the
Constitution amendment procedures has been revised. All the amendments to the
Constitution shall be proposed by the Legislative Yuan and then handed over to
all electors in the free areas of the Republic of China (Taiwan) for
referendums, which is the embodiment of direct civil rights and the
consciousness of all citizens.
In accordance
with Article 1, Item 1 of Additional Articles of the Constitution of the
Republic of China, the electors of the free area of the Republic of China
shall cast ballots at a referendum within three months of the expiration of a
six-month period following the public announcement of a proposal passed by the
Legislative Yuan on the amendment of the Constitution or alteration of the
national territory. The provisions of Article 4 and Article 174 of the
Constitution shall not apply. And Article 12 of Additional Articles of the
Constitution of the Republic of China, Amendment of the Constitution shall be initiated upon the
proposal of one-fourth of the total members of the Legislative Yuan, passed by
at least three-fourths of the members present at a meeting attended by at least
three-fourths of the total members of the Legislative Yuan, and sanctioned by
electors in the free area of the Republic of China at a referendum held upon
expiration of a six-month period of public announcement of the proposal,
wherein the number of valid votes in favor exceeds one-half of the total number
of electors. The provisions of Article 174 of the Constitution shall not apply.
Furthermore, in accordance with Article 15 of the Referendum Act, after the
referendum proposed by the Legislative Yuan in accordance with the provisions
of the Constitution has been announced for six months, the Legislative Yuan
shall request the competent authority to carry out the referendum within 10
days.
Constitutional amendment referendum No.1, also "18-Year-Old Civil Rights", was stipulated by the Legislative Yuan in accordance with Article 1, Item 1 and Article 12 of Additional Articles of the Constitution of the Republic of China, and passed in third reading by the Legislative Yuan on March 25, 2022. The Legislative Yuan published a notice on March 28 2022, and after six months has elapsed, the Legislative Yuan handed over the referendum to the CEC for holding the vote. The voting and counting procedures of the referendum was finished on November 26, 2022, below is the referendum result:
|
Proposal Number/ Voting date |
Question |
Result |
|
Constitutional amendment referendum No.1 November 26, 2022. |
The amendment of Articles 1-1 of Additional Articles of the
Constitution of the Republic of China The provisions of Articles 130 of the Constitution shall
cease to apply. |
Fail to pass |