The Declaration on "Self-rescue, Self-determination, and Nation-building" of the People of Taiwan

          Looking back at 1999, in order to win the 2000 presidential election of "the ROC in Taiwan" government, the DPP passed the "Resolution on the Future of Taiwan" Party platform that deviated from the facts of international law. Looking back at August 2002, "the ROC in Taiwan" DPP Chen Shui-bian President made "one country, one side" statement. Looking back at March 2005, China introduced the Anti-Secession Law against "the ROC in Taiwan" DPP Chen Shui-bian government. Looking back at October 2021, China launched day and night pressing on Taiwan with fighter jets and warships in order to intimidate “the ROC in Taiwan" DPP Tsai Ing-wen government that the two sides of the Taiwan Strait must be unified. Looking back at 2024, the "Chinese political party in Taiwan" kuomintang began to cater to its motherland to stir up trouble in Taiwan. The people of Taiwan must wake up and realize: It is imperative for the people of Taiwan to return to the road of our predecessors, such as Professor Peng Mingmin, Xie Congmin, Wei Tingchao, Wang Yude, Pastor Huang Zhanghui, and Kuo Yuxin, who sought to fulfill “Taiwan's self-determination of people" after the Pacific War. Because, if the people of Taiwan continue to allow the DPP to embrace the former Chinese constitution - the Constitution of the ROC and claim that "the ROC Taiwan is a sovereign and independent country", not only will Taiwan fall into the "Chinese Civil War" between "the ROC in Taiwan" government and the current Chinese government, Taiwan may also eventually be annexed by China. Therefore, based on the following facts of international law:

1. Taiwan was the territory of Taiwan’s aboriginal peoples, a total of 20 ethnic groups such as Siraya, Hoanya in the plains and Atayal, Bunun in the mountains, not the territory of the Han people in southern Fujian.

2. In 1683 after the Dutch and Zheng Chenggong the Qing Empire occupied the southwestern plains of Taiwan. Although because the Han people in southern Fujian ignored the Qing Empire's ban on “across the Strait to Taiwan” sneaked across the strait to Taiwan for land-reclamation that Taiwan gradually became a "Qing Empire colony.” However, the Qing Empire had ceded Taiwan and Penghu to Japan through the Treaty of Shimonoseki in 1895. After the Pacific War and based on the 1941 Atlantic Charter of modern human political civilization - no any territorial changes that not based on the freely expressed wishes of the relevant people, Taiwan and Penghu certainly cannot simply be restored to being "Chinese colonies."

3. Because there was no doubt in international law that the sovereignty over Taiwan belonged to Japan before the Pacific War, according to international law, whether the ownership of the sovereignty over Taiwan to be changed or not after the Pacific War must in accordance with peace treaty with Japan signed between the war against Japan Allies and Japan post-war, cannot as Nanjing ROC cheated the people of Taiwan that simply according to the so-called Cairo Declaration, which was a press communiqué regarding post-war intention released by the US, the British, and the ROC after their military conference held in Cairo 1943 , not a treaty. Therefore, Nanjing ROC before the peace treaty with Japan signed: (1) On October 25, 1945, authorized Chen Yi, the Chief Executive of the Chief Executive's Office of Taiwan Province—the authorities of the army of Nanjing ROC to conduct military occupation over Taiwan on behalf of the Allied Powers that established by Chiang Kai-shek in accordance with General Order No. 1 on Military Occupation issued by MacArthur, the Supreme Commander of the Allied Powers—to declare that “From now on, Taiwan has once again become Chinese territory, and all land and people are placed under the sovereignty of the National Government of the ROC”; (2) In January 1946 issued that “Taiwanese were restored to the nationality of the ROC on October 25, 1945;” (3) In April 1947, promulgated that the Chief Executive's Office of Taiwan Province to be replaced with Taiwan Provincial Government; (4) In December 1947, promulgated that “to implement the Constitution of the ROC over Taiwan;” (5) By textbooks of "according to the Cairo Declaration, Taiwan become the territory of ROC” to indoctrinate the children of the people of Taiwan, were all the behaviors of stealing the sovereignty over Taiwan that in violation of international law of “the force of conducting military occupation shall not transfer the sovereignty over the territories it occupied.”

4. The ROC and PRC are titles of China’s government, and although the country cannot exile, but the government can. After the San Francisco Peace Treaty came into effect in April 1952, based on that “the ROC in Taiwan” had not only lost its Chinese territories, but also failed to obtain the sovereignty over Taiwan from peace treaty with Japan of the Pacific War, for the people of Taiwan, it was only a former Chinese government in-exile that “after Chinese civil war defeated, in December 1949 exiled to Taiwan—the land of the army of Nanjing ROC on behalf of the Allied Powers to conduct military occupation after Japan surrendered, and then in Taiwan in violation of international law to manipulate the Constitution of the ROC, which without legitimacy to rule Taiwan.” It was not another China that holds the sovereignty over Taiwan.

5. The San Francisco Peace Treaty and UN Resolution 2758 confirmed that the statement "According to the Cairo Declaration, Taiwan becomes the territory of the ROC" in Chiang Kai-shek’s "Announcement to the People of Taiwan" on September 4, 1945 was not established under international law. Because if it is established in international law, "the ROC in Taiwan" government will still be able to continue to remain in the United Nations as the "sovereign government of Taiwan, Penghu, Kinmen and Matsu" even if the Chinese territory is divided, and will not be expelled by the United Nations.

6. After Nanjing ROC government “had military occupied Taiwan and stolen the sovereignty over Taiwan from 1945 to 1949, exiled to Taiwan at the end of 1949, and after 1950 manipulated in Taiwan the Constitution of the ROC, which without legitimacy to rule Taiwan” for over 35 years, based on that “the ROC in Taiwan” government: (1) In 1971 the UN had rejected its right to represent China; (2) Its exiled to Taiwan legacy of the Chinese regime—former Chinese President, representatives of the National Assembly, and legislators—had almost withered away; (3) The US and other mainstream countries had terminated the recognizing that it was the former Chinese government in-exile, the ROC. Because its "former Chinese government in-exile” had been unsustainable, it had actually become a government of "exiled to Taiwan Chinese Kuomintang one-Party autocracy continued in Taiwan to manipulate the Constitution of the ROC, which without legitimacy to rule Taiwan." It was not another China that holds the sovereignty over Taiwan.

7. After Nanjing ROC government “had military occupied Taiwan and stolen the sovereignty over Taiwan from 1945 to 1949, exiled to Taiwan at the end of 1949, and after 1950 manipulated in Taiwan the Constitution of the ROC, which without legitimacy to rule Taiwan” for over 50 years, based on that “the ROC in Taiwan” government: (1) Its Martial Law of Taiwan promulgated in 1949 finally been lifted in 1987; (2) After 1992 the people of Taiwan can regularly elect all its legislators; (3) After 1996 the people of Taiwan can regularly elect Its President; (4) After the army of Nanjing ROC had in violation of the international law began to recruit troops in Taiwan in 1949 for over 45 years, due to “the army of Nanjing ROC” actually had become “the army of Taiwanese”, the international law status of “the army of Nanjing ROC on behalf of the Allied Powers to conduct military occupation over Taiwan” should be deemed that it had been ruptured. Because: not only its ”former Chinese government in-exile” had been unsustainable, its "exiled to Taiwan Chinese Kuomintang one-party autocracy” had also declined, its international law status of “the army of Nanjing ROC on behalf of the Allied Powers to conduct military occupation over Taiwan” had also been ruptured, it had actually become "awaiting the people of Taiwan to clean up" remnants of history—a government of “the Constitution of the ROC, which without legitimacy to rule Taiwan, absurdly keeping been manipulated in Taiwan"—that was left by from 1945 to 1949 "the army of Nanjing ROC military occupied Taiwan and stolen the sovereignty over Taiwan.” It was not another China that holds the sovereignty over Taiwan.

8. The Montevideo Convention on the Rights and Duties of States stipulates that: As a legal person in international law, a sovereign State (State for short) must hold four qualifications: (1) permanent population; (2) a defined territory; (3) a government (Oppenheim, an authoritative scholar of international law, pointed out that this government must be a sovereign government established by the inhabitants themselves); (4) the capacity to enter into relations with other States. Therefore, even if the international community in accordance with the San Francisco Peace Treaty had regarded Taiwan (excluding Islands Kinmen and Matsu) as an independent political entity that is not affiliated with China; even if “the ROC in Taiwan” government can be democratized due to the temporary clauses of the Constitution of the ROC had been terminated. However, the “the election of positions" of a foreign occupying government cannot accomplish the localization of the government. Due to "the ROC in Taiwan" government is not a sovereign government established by the people of Taiwan themselves, Taiwan is not yet a State according to international law, that Taiwan cannot formally establish diplomatic relations with other States, and become a member State of the United Nations.

9. Although the US, as the principle occupying power of Japanese territories (including Taiwan and Penghu) after Japan surrendered in the Pacific War, emphasized that the US has regarded Taiwan as a country, but, it has also repeatedly stated that the US does not support that Taiwan, Penghu, Kinmen and Matsu is a legally independent country." And "The US opposes any move to change the status quo across the Taiwan Strait unilaterally" the US targeted are “the ROC in Taiwan” government and the People's Republic of China, both of them have no sovereignty over Taiwan, not the people of Taiwan.

10. Because under the situation that Japan had given up the sovereignty over Taiwan and the two Chinese governments, the PRC and the ROC, had also failed to obtain the sovereignty over Taiwan has been the fact of international law, the ownership of the sovereignty over Taiwan after the Pacific War can only be determined by the people of Taiwan to exercise the "right to self-determination" in the UN Charter. Because in fact, Taiwan were only been involved in the territorial disputes between Taiwan and the current Chinese sovereign government by former Chinese government, the ROC. Therefore, if the people of Taiwan seek to avoid the war between Taiwan and China and Taiwan can become a State in the international community, there is no other way but the people of Taiwan take the actions of “self-rescue” to demand to “Taiwan consciousness” legislators of actually being “Taiwan Congress” to pass the Resolution on “Self-determination of People” of Taiwan after the Sovereignty over Taiwan Renounced by Japan and a referendum bill on the Resolution, thus the people of Taiwan can resort to the "right to self-determination" in the UN Charter that the people of Taiwan possessed after Japan renounced the sovereignty over Taiwan in the San Francisco Peace Treaty to clean up the remnants of history that was left by from 1945 to 1949 "the army of Nanjing ROC military occupied Taiwan and stolen the sovereignty over Taiwan”—a regime of “the Constitution of the ROC, which without legitimacy to rule Taiwan, absurdly keeping been manipulated in Taiwan"—and establish a sovereign government on our own land in accordance with our own Constitution.

11. After all the legislators of the Legislative-Yuan of “the ROC in Taiwan" had been elected by the people of Taiwan 10 times since 1992, the Legislative-Yuan of “the ROC in Taiwan” actually being "Taiwan Congress." It is a matter of course that responding to the demand of the people of Taiwan the “Taiwan consciousness” legislators of actually being "Taiwan Congress" with the determination of ending "since the end of the Pacific War the ownership of the sovereignty over Taiwan has not been determined" to pass the Resolution on “Self-determination of People” of Taiwan after the Sovereignty over Taiwan Renounced by Japan and a referendum bill on the Resolution.

On January 15, 2025, a group of Taiwan's founding volunteers declared: The people of Taiwan took the first step in the " self-rescue, self-determination, and nation-building " movement, to start the sit-in in the park opposite the DPP Central Party Headquarters, the sit-in at the gate of the Legislative Yuan of “the ROC in Taiwan" government, and hanging banners and distributing propaganda in various places in Taiwan:

(1) To demand to the DPP: In order to avoid the war cross Taiwan Strait, the DPP should abolish its Party platform, the "Resolution on the Future of Taiwan," which deviated from the facts of international law, and lead the people of Taiwan to fulfill the "self-determination of people” of Taiwan after the Pacific War.

(2) To demand to “Taiwan consciousness” legislators of actually being "Taiwan Congress": In order for Taiwan can become a State in international community, pass the Resolution on “Self-determination of People” of Taiwan after the Sovereignty over Taiwan Renounced by Japan and a referendum bill on the Resolution.

(3) To demand to China: Because Chiang Kai-shek’s "According to the Cairo Declaration, Taiwan become the territory of the ROC" was not established under international law; Because “the ROC in Taiwan” is not another China that holds the sovereignty over Taiwan, China should not press on Taiwan day and night with fighter planes and warships to threaten the people of Taiwan that the two sides of the Strait must be unified.

The Resolution on “Self-determination of People” of Taiwan after the Sovereignty over Taiwan Renounced by Japan （suggesting draft）

1. Except the current regulations that required to safeguard Taiwan's national security, the lives and properties of the people of Taiwan, the continued operation of the central and local administrations, and the welfare of the military, public service, teaching staff (including already retired) of the ROC Government, the manipulating of the Constitution of the ROC be terminated, the ROC central Government become caretaker Taiwan central Government, the President, vice-President of the ROC of the term become the Head, deputy Head of caretaker Taiwan.

2. The Head of caretaker Taiwan should announce that: The ROC forces be withdrawn from Chinese two islands Kinmen and Matsu, and the residents of Kinmen and Matsu hold the “national treatment” of Taiwan for two years.

3. The issues of the sovereignty over islands Dongsha and Taiping, where the ROC forces stationed but are not the territories of the people of Taiwan, the Head of caretaker Taiwan should submit them to UN for a ruling.

4. The Head of caretaker Taiwan should summon representatives of various ethnic groups and constitutional scholars to establish the Drafting Committee of Constitution of Taiwan. Within two months the Committee should propose the Draft of Constitution of Taiwan.

5. From the existing constituencies of the regional legislators of Taiwan and Penghu, each constituency to elect two representatives to establish the Formulating Assembly of Constitution of Taiwan. Within two months the Assembly should finalize the Constitution of Taiwan from the Draft of the Constitution of Taiwan.

6. After the Constitution of Taiwan finalized, within two months the people of Taiwan should conduct the referendum of the Constitution of Taiwan.

7. After the Constitution of Taiwan referendum “majority rule” passed, within three months the new Parliament and the Head of a new State should be elected in accordance with the Constitution of Taiwan.

Action Alliance for Fulfilling the “Self-determination of People” of Taiwan after the Pacific War 2025 01 15