It’s Time to Fulfill Taiwan’s "Self-determination of People" after the War
It’s Time to Fulfill Taiwan’s "Self-determination of People" after the War
Faced with the current situation that: On the one hand, the Chinese government on the other side of the strait, in order to intimidate the DPP government of the "ROC" in Taiwan into believing that "unification between the two sides of the strait is necessary," has been pressuring Taiwan day and night with its warplanes and warships. On the other hand, the Kuomintang, Chinese political party that sought refuge in Taiwan in December 1949, is not only cooperating with its motherland’s government to stir up trouble in what is effectively the "Taiwanese Parliament," but also employing various tactics to promote "peaceful reunification between the two sides of the strait" to the Taiwanese people. The most significant crisis since the end of the Pacific War—Taiwan may be annexed by China—has already emerged. However, the DPP government of the "ROC" in Taiwan disregards the international legal fact that “Taiwan and Penghu did not ‘legally’ become Chinese territory after the Pacific War” had continued keeping "the ROC Taiwan is a sovereign and independent country" as its position, maintaining the "status quo in Taiwan" as its cross-strait strategy, and demanding that the Taiwanese people, who are sitting on the boat that "had grabbed the sovereignty over Taiwan and Penghu," to live and die with boat. The Taiwan Nation-Building Classroom, Nantou County respectfully presents their following perspectives that differ from those of the DPP government of the "ROC" in Taiwan regarding the understandings of "international legal facts,” the cognition of "status quo in Taiwan," and cross-strait strategies, to the Taiwanese people.
(1) On August 15, 1945, Japan announced its surrender in the Pacific War. On September 1, Nanjing the ROC government airdropped leaflets to the people of Taiwan proclaiming that—the ROC immediately take over Taiwan and Penghu in accordance with the Potsdam Proclamation. The proclaiming was invalid according to international law, because: 1. Due to before the Pacific War, there was no international legal doubt regarding the sovereignty over Taiwan and Penghu belonged to Japan, whether the sovereignty over Taiwan and Penghu changed after the war, according to international law, must be decided in the post-war treaty signed between the Allied Powers and Japan; 2. The Potsdam Proclamation was an instrument by which the Allied Powers demanding Japan to surrender, not a post-war treaty with Japan; 3. The Cairo Declaration mentioned in the Potsdam Proclamation was a press communiqué dated December 1, 1943 announcing their "post-war intentions" after a military conference held in Cairo by U.S., Britain, and China. It was not a post-war treaty with Japan.
(2) On October 17, 1945, Chen Yi’s the ROC troops landed Keelung under the transportation of U.S. warships. Their mission was: In accordance with General Order No. 1 on Occupation and Demobilization issued by Supreme Commander, MacArthur, on September 2, to conduct "military occupation" and “temporary governance” over Taiwan and Penghu on behalf of fighting Japan Allied Powers before the signing of post-war treaty with Japan, and not "the ROC immediately take over Taiwan and Penghu in accordance with the Potsdam Proclamation."
(3) Because in violation of international law that "armies conducting 'military occupation' may not transfer the sovereignty over the territory occupied." Before the signing of post-war treaty with Japan, a series of acts in Taiwan of the Chinese sovereign government, Nanjing the ROC, including: 1. On October 25, 1945, authorized Chen Yi immediately after the ceremony that accepting the surrender of Japanese troops in Taiwan on behalf of the Allied Powers finished to broadcast to the Taiwanese people: Taiwan had once again become Chinese territory; 2. In January 1946, announced that: Taiwanese people would be restored the nationality of the ROC from October 25, 1945; 3. In April 1947, issued: The Chief Executive's Office of Taiwan Province—the “original” authorities that on behalf of Allied Powers to conduct "military occupation" and “temporary governance” over Taiwan and Penghu established by Chiang Kai-shek in accordance with Taiwan Occupation Plan of U.S. military headquarters in China Theater of the Pacific War—to be replaced with Taiwan Provincial Government of the ROC; 4. In December 1947, announced that: The Constitution of the ROC would be implemented in Taiwan Province; 5. From December 1949, a full-scale conscription was launched in Taiwan. All of these were acts of "had grabbed the sovereignty over Taiwan and Penghu."
(4) The ROC and the People's Republic of China are the former and latter names of the government of China. And a nation cannot exile, but its government can, in December 1949, what sought refuge in Taiwan—Chiang Kai-shek knew perfectly well merely a places of his trusteeship—was Nanjing the ROC government, not a country called the ROC.
(5) Based on that: 1. In Article 2 of the San Francisco Peace Treaty with Japan, Japan had renounced the sovereignty over Taiwan and Penghu; 2. It has been international legal fact that: neither the “ROC” government in Taiwan nor the People's Republic of China in Beijing "could obtained" the sovereignty over Taiwan and Penghu after the war according to Article 26 of the San Francisco Peace Treaty with Japan. The ownership of the sovereignty over Taiwan and Penghu after the war can only be decided by the Taiwanese people invoking the "right to self-determination" of former colonial people under the UN Charter to establish a their own sovereign State Taiwan.
(6) UN Resolution 2758 affirmed that: The series of acts from October 1945 to December 1949 in Taiwan of the Chinese sovereign government, Nanjing the ROC, were all acts of "had grabbed the sovereignty over Taiwan and Penghu." Because if these acts were valid under international law, the “ROC” government in Taiwan could have been listed as a "member State" of the UN alongside the People's Republic of China in Beijing, and it would not had been expelled from the UN.
(7) Because the sovereignty over Taiwan and Penghu remains undecided after the war, and the Chief Executive's Office of Taiwan Province, which was the “original” authorities on behalf of the Allied Powers to conduct "military occupation" and "temporary governance" over Taiwan and Penghu, has been replaced by a regime that "had grabbed the sovereignty over Taiwan and Penghu"—the "ROC" in Taiwan, the US remains the primary occupying Power and protectorate of Taiwan and Penghu after Japan's surrender.
(1) After Nanjing the ROC had exiled to Taiwan in December 1949 for over 30 years (i.e., after 1980), based on the following situations of the "ROC" government in Taiwan that: 1. The UN had rejected its "right to represent China" in 1971; 2. Exiled to Taiwan legacy of the “former Chinese government”—“former Chinese” Presidents, national assembly representatives, and legislators—had almost withered; 3. The US and other mainstream countries in the international community had ceased to recognize the "governing authorities on Taiwan" as the former Chinese government—the ROC. Because its international recognition as a Chinese government-in-exile was no longer sustainable, in reality, it had become merely a Kuomintang “party-state" government in Taiwan, where Chinese political party the Kuomintang sought refuge, to shout "counter-attack and restoration of the nation," and continue to manipulate the Constitution of the ROC, which lacked legitimacy for “ruling Taiwan.”
(2) After Nanjing the ROC had exiled to Taiwan in December 1949 for over 45 years (i.e., after 1996), based on the following situations of the "ROC" government in Taiwan that: 1. After the lifting of its 38-year martial law and "white terror" rule in 1987, the Democratic Progressive Party, a local political party pursuing "direct election of the President of the ROC" rose; 2. Since 1992, the people of Taiwan were able to re-elect all members of its Legislative Yuan regularly, and since 1996, the people of Taiwan were able to direct-elect its President regularly; 3. After Nanjing the ROC began a full-scale conscription in Taiwan in December 1949 for over 45 years, the "ROC army" has actually become the "Taiwanese army." Because its Kuomintang "party-state" authoritarian and "foreign military occupation" had also been weakened, it effectively had become: “awaits the Taiwanese people to clean up” a government with "historical remnants," that were left behind by a series of acts to grab the sovereignty over Taiwan and Penghu of Chinese sovereign government, Nanjing the ROC, from October 1945 to December 1949, and absurd “status quo in Taiwan”—the Taiwanese people, who are already "in charge of their own affairs," still absurdly continue to manipulate the Constitution of the ROC, which lacked legitimacy for "ruling Taiwan.”
(3) Even though the “ROC” government in Taiwan had appeared several Taiwanese Presidents since 1996. However, due to: 1. The Taiwanese people had never "de jure" been citizens of Nanjing the ROC; 2. Taiwan and Penghu had never "de jure" been territories of Nanjing the ROC; 3. The “ROC” government in Taiwan is not a sovereign government established by the Taiwanese people themselves; d. The “ROC” in Taiwan cannot formally establish diplomatic relations with mainstream countries, according to the Montevideo Convention on the Rights and Duties of States, the “ROC” in Taiwan is still not a sovereign State that can become a member State of the UN.
(4) Since 1992, after the people of Taiwan held ten re-elections for all members of the Legislative Yuan of the “ROC” in Taiwan, the Legislative Yuan of the “ROC” in Taiwan effectively has become the Taiwanese Parliament. And the principle that "without any restriction members of Parliament can initiate the justice of national system changing" is a fundamental principle of democracy.
(5) The United States has never supported that Taiwan, Penghu, Kinmen, and Matsu is a "legally independent" country, nor has it ever asked the Taiwanese people to maintain the "status quo in Taiwan."
(6) The US's so-called "opposition to unilaterally change the status quo in the Taiwan Strait" is directed at the “ROC” government in Taiwan and the Chinese government on the other side of the strait, both of them “couldn’t obtained" the sovereignty over Taiwan and Penghu after the war. There is nothing to do with the Taiwanese people.
III. Different Cross-Strait Strategies
(1) Although it is true that "the ROC and the People's Republic of China are not subordinate to each other," however, it is an international consensus that "the People's Republic of China is the successor government of the former Chinese sovereign government, Nanjing the ROC.
(2) The DPP's 1999 "Resolution on Taiwan's Future" party platform asserts that "Taiwan is a sovereign and independent country, whose sovereign territory extends only to Taiwan, Penghu, Kinmen, Matsu, and their affiliated islands, as well as the territorial sea and contiguous waters as defined by international law. While Taiwan is currently called the ROC according to its constitution, it is not subordinate to the People's Republic of China." As if the DPP deviated from the international legal fact that "Taiwan and Penghu did not 'legally' become Chinese territory after the Pacific War" had "accepted" a series of acts in Taiwan of the Chinese sovereign government, Nanjing the ROC, from October 1945 to December 1949 that "had grabbed the sovereignty over Taiwan and Penghu."
(3) Although the DPP government distances itself from "Taiwan independence," its policy of maintaining the "status quo in Taiwan" still provides the Chinese government with a pretext: since the Taiwanese people had "accepted" a series of acts in Taiwan of the Chinese sovereign government, Nanjing the ROC, from October 1945 to December 1949, Taiwan and Penghu are now part of Chinese territory.
(4) Because Taiwan was actually draw into territorial disputes with the Chinese government on the other side of the strait by Nanjing the ROC, which had grabbed the sovereignty over Taiwan and Penghu first from October 1945 to December 1949 when it still was Chinese sovereign government, and then sought refuge in Taiwan and Penghu in December 1949. Therefore, facing the looming war clouds in the Taiwan Strait, although it is absolutely necessary to enhance Taiwan's defense capabilities, but, the "most urgent" task for the Taiwanese people is: via a referendum on Taiwan’s "self-determination of people” after Japan had renounced the sovereignty over Taiwan and Penghu in San Francisco Peace Treaty with Japan to clean up “awaits the Taiwanese people to clean up” a government with "historical remnants," that were left behind by a series of acts of the Chinese sovereign government, Nanjing the ROC, from October 1945 to December 1949 that “had grab the sovereignty over Taiwan and Penghu,” and absurd "status quo in Taiwan." This would prevent the Chinese government on the other side of the strait from launching a war to annex Taiwan on the grounds that "since the Taiwanese people had accepted a series of acts in Taiwan of Chinese sovereign government, Nanjing the ROC, from October 1945 to December 1949 that Taiwan and Penghu are already part of Chinese territory, and unification between the two sides is necessary."
(5) China has no grounds to oppose that the Taiwanese people based on that: 1. Taiwan was the territory of 20 Taiwanese indigenous peoples, including the plains and mountainous areas, and not the territory of southern Fujian Han people; 2. Although after the Qing Empire occupied the southwestern plains of Taiwan in 1683, because southern Fujian Han people came to Taiwan to "trick and plunder" the land of the Taiwanese indigenous peoples to cultivate their homes that Taiwan had been "colony" of the Qing Empire for 212 years, however, the Qing Empire had ceded Taiwan and Penghu to Japan through the Treaty of Shimonoseki in 1895; 3. The international legal fact that “Taiwan and Penghu did not ‘legally’ become Chinese territory after the Pacific War”, invoking the "right to self-determination" of former colonial people under the UN Charter to clean up a government with "historical remnants"—the "ROC" in Taiwan and the absurd "status quo in Taiwan“ themselves.
Furthermore it calls for: In order to prevent Taiwan and Penghu from falling into the flames of a "Chinese Civil War"; In order to enable Taiwan to stand on equal footing with other countries in the international arena. It’s time for 23.5 million people of Taiwan to demand that the "Taiwanese consciousness" legislators who constitute a majority in effectively the Taiwanese Parliament, in accordance with the San Francisco Peace Treaty with Japan to propose a referendum case of the “Resolution on Taiwan's ‘Self-Determination of People’ After Japan Renounced the Sovereignty over Taiwan and Penghu.” This would allow the people of Taiwan, finally under the witness of the UN, invoking the "right to self-determination" of former colonial people under the UN Charter to clean up a government with "historical remnants"—the "ROC" in Taiwan and the absurd "status quo in Taiwan“ themselves, and establish a their own sovereign State Taiwan.
Resolution on Taiwan's "Self-Determination of People" after Japan Renounced the Sovereignty over Taiwan and Penghu （Draft）
(1) Except for legal provisions for maintaining Taiwan's national defense and security, protecting the lives and property of the Taiwanese people, maintaining the continued operation of the current central and local administrative organs, and maintaining the welfare of the Republic of China government's military, public servants, and teachers (including retired personnel), the Constitution of the Republic of China shall cease to function, and the Republic of China government shall become the caretaker government of Taiwan. During their terms, the President and Vice President of the Republic of China government shall become the head of state and vice head of state of the caretaker government of Taiwan. (2) The head of state of the caretaker government of Taiwan may declare: the withdrawal of the Republic of China military from the Chinese territories of Kinmen and Matsu, and that for two years, the residents of Kinmen and Matsu shall retain the status of "Taiwanese citizens." (3) The head of state of the caretaker government of Taiwan may submit the sovereignty of Dongsha Island and Taiping Island, which are not Taiwanese territories but are garrisoned by the Republic of China military, to the United Nations for adjudication. (4) The head of state of the caretaker government of Taiwan may convene representatives of various ethnic groups in Taiwan and constitutional scholars to establish a Taiwan Constitution Drafting Committee. Within three months, the committee may submit a draft of the "Taiwan Constitution." (V) The current legislators of Taiwan and Penghu may establish a Constitutional Convention for Taiwan. Within three months, the Constitutional Convention shall finalize the draft Constitution of Taiwan. (5) Within three months of the finalization of the Constitution of Taiwan, the people of Taiwan may conduct a referendum on the Constitution of Taiwan. (6) Within six months of the majority vote in the referendum on the Constitution of Taiwan, the Legislative Yuan of Taiwan and the Head of State may be elected in accordance with the Constitution of Taiwan.
Taiwan Nation-Building Classroom, Nantou County Executive Director: Wang Yen-bin June 30, 2026 No. 180, Zhongxing Rd., Caotun Township, Nantou County 049-2322174 E-mail: yenbin1948@gmail.com https://www.twself-determination.tw
|
