Declaration of the People of Taiwan on "Self-Rescue, Self-Determination, and Nation-Building"
Declaration of the People of Taiwan on "Self-Rescue, Self-Determination, and Nation-Building" To retrospect: To win the 2000 presidential election for the "ROC" government in Taiwan, the Democratic Progressive Party (DPP) passed the "Resolution on Taiwan's Future" party platform in May 1999. To retrospect: In August 2002, the DPP President Chen Shui-bian of the "ROC" government in Taiwan published the "One Country on Each Side" theory. In March 2005, Chinese Beijing the People's Republic of China government enacted the "Anti-Secession Law". To retrospect: To intimidate the DPP Tsai Ing-wen government of the "ROC" in Taiwan that the two sides of the strait must be unified, since October 2021, Chinese Beijing the People's Republic of China government launched day and night pressing on Taiwan with warplanes and warships. To retrospect: Starting in April 2024, Chinese political party that sought refuge in Taiwan in December 1949 began to cater to their motherland and stir up troubles in Taiwan. The people of Taiwan must awaken: It is imperative for them to return to the path pursued by predecessors such as Professor Peng Ming-min, Hsieh Tsung-min, Wei Ting-chao, Pastors Huang Chang-hui, Huang Wu-tung, Professor Lin Tsung-yi, and Pastor Sung Chuan-sheng, who endured hardship and suffering starting in 1964 – to fulfill "self-rescue, self-determination, and nation-building" for the former colonial people of Taiwan after Japan renounced the sovereignty over Taiwan and Penghu. Because if the DPP is allowed to embrace the Constitution of the ROC, which has no legitimacy to “rule Taiwan,” while simultaneously claiming that "The ROC Taiwan is a sovereign and independent country," not only will a "Chinese unification vs. independence civil war" erupt in the Taiwan Strait, but Taiwan may also finally be annexed by China. Therefore, In order to enable Taiwan and Penghu – former colonies of Japan whose sovereignty remains undecided – to become a sovereign States in the international community, and the current territorial disputes between Taiwan and China can be resolved, the people of Taiwan based on the following facts of international law after the Pacific War: (1) On August 15, 1945, Japan surrendered in the Pacific War. On September 1, Chinese Nanjing the ROC government airdropped leaflets to the Taiwanese people, proclaiming that – in accordance with the Potsdam Proclamation, the ROC would immediately take over Taiwan and Penghu. This proclamation is invalid under international law, because: 1. Taiwan was the territory of 20 Taiwanese indigenous peoples, including those in the plains and mountainous areas, and not the territory of Han people in southern Fujian; 2. Although after the Qing Empire occupied the southwestern plains of Taiwan in 1683, because Han people in southern Fujian came to Taiwan to “plunder by trick” the land of Taiwanese indigenous peoples to cultivate homes that Taiwan had been the Qing Empire’s colony for 212 years, however, the Qing Empire had ceded Taiwan and Penghu to Japan through the Treaty of Shimonoseki in 1895; 3. The Potsdam Proclamation was an instrument by which fighting Japan Allied Powers demanded that Japan to surrender, not a treaty; 4. The Cairo Declaration mentioned in the Potsdam Proclamation was a press communiqué after the Cairo Military Conference by the United States, Britain, and China in 1943, not a treaty; 5. Although even without the "post-war intention" statement in the Cairo Declaration that "all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and the Pescadores shall be restored to the ROC," Manchuria could had been immediately restored to Chinese territory after the war, because its process of becoming a Japanese vassal state before the war was indeed like "Japan had stolen from China". However, why Taiwan and Penghu became Japanese territories before the war was because the Qing Empire ceded them through a treaty in 1895, not because "Japan has stolen from China which established in 1912," whether their sovereignty would change or not after the war must be decided by the post-war international treaty of the Pacific War. The ROC cannot "immediately take over" Taiwan and Penghu based solely on the aforementioned "post-war intention" statement in the Cairo Declaration, which deviated from the history of Taiwan and Penghu. (2) Similar to the mission of Lu Han troops of Chinese Nanjing the ROC government entering northern Vietnam in September 1945, on October 17, 1945, Chen Yi troops of Chinese Nanjing the ROC government landed in Keelung under the transport of American warships, its mission was: In accordance with General Order No. 1 on Occupation and Demobilization issued by MacArthur, Supreme Commander of the Allied Powers, on September 2, 1945, to conduct "military occupation" and governance over Taiwan and Penghu on behalf of fighting Japan Allied Powers, not “in accordance with the Potsdam Proclamation, the ROC would immediately take over Taiwan and Penghu”. Therefore, before the signing of the post-war international treaty of the Pacific War, the following series of actions in Taiwan by Chinese Nanjing the ROC government from 1945 to 1949: 1. Ordered Chen Yi, the chief executive of the “Chief Executive's Office of Taiwan Province” – the “authorities” established by Chiang Kai-shek based on the "Taiwan Occupation Plan" of the U.S. Army Headquarters of the China Theater of the Pacific War to conduct "military occupation" and governance over Taiwan and Penghu on behalf of fighting Japan Allied Powers – on October 25, 1945, soon after the ceremony that on behalf of fighting Japan Allied Powers to accept the surrender of Japanese troops in Taiwan finished, broadcasted to the Taiwanese peoples that: “Taiwan has once again become Chinese territory;” 2. In January 1946 issued: the Taiwanese were restored to the nationality of the ROC from October 25, 1945; 3. In April 1947 promulgated: The “Chief Executive's Office of Taiwan Province” to be replaced with the “Taiwan Provincial Government;” 4. In December 1947 promulgated: To implement the Constitution of the ROC over Taiwan; 5. Since December 1949 to launch a full-scale conscription of Taiwanese people. All of which were the actions that violated international law that "the troops of conducting military occupation shall not transfer the sovereignty over the territory it occupied" to grab the sovereignty over Taiwan and Penghu. (3) The ROC and the People's Republic of China are the names of the former and subsequent governments of "China." While “China” itself cannot go into exile, its government can. On September 8, 1951, the post-war international treaty of the Pacific War was signed. Because fighting Japan Allied Powers did not “ratify” deviated from the history of Taiwan and Penghu “post-war intention” statement in the Cairo Declaration – all the territories Japan has stolen from the Chinese such as Manchuria, Formosa, and the Pescadores shall be restored to the ROC, neither the “ROC” government in Taiwan which on March, 1950, Chiang Kai-shek admitted that “our the ROC perished with the fall of the mainland last year” in Taipei nor Beijing the People's Republic of China government could obtain the sovereignty over Taiwan and Penghu. Based on the principle of "self-determination of people" in the UN Charter, after Japan renounced the sovereignty over its “colonies” Taiwan and Penghu in the San Francisco Peace Treaty with Japan, the people of Taiwan – people of former colonies – were undoubtedly able to decide the post-war “political status” of Taiwan themselves. (4) After the San Francisco Peace Treaty with Japan came into effect in April 1952, for the people of Taiwan, although the "ROC" government in Taiwan still held onto several small islands off the coast of China, because it was a fact that the series of actions by Chinese Nanjing the ROC government from 1945 to 1949 that to grab the sovereignty over Taiwan and Penghu “have failed to obtain” the “legal ratification” from the post-war international treaty of the Pacific War. In reality, it had become: a Chinese government-in-exile that after having suffered a crushing defeat in Chinese civil war in December 1949, ordered its 1.6 million military, public servants, and teachers to seek refuge in Taiwan and Penghu – still Japanese colonies; and after April 1952, in Taiwan and Penghu – former Japanese colonies whose sovereignty was sill undetermined – it loudly proclaimed "counter-attack and restoration of the nation" and “continued to manipulate” the Constitution of the ROC, which has no legitimacy to “rule Taiwan”. Although it remained the "authorities" that on behalf of fighting Japan Allied powers to conduct "military occupation" and governance over Taiwan and Penghu after the end of the Pacific War, it was not another China, which holds the sovereignty over Taiwan and Penghu. (5) In October 1971, the United Nations passed Resolution 2758. For the people of Taiwan, the international legal significance of the Resolution was: It confirmed that the proclamation—in accordance with the Potsdam Declaration, the ROC would immediately take over Taiwan and Penghu—to the people of Taiwan on the leaflets airdropped by Nanjing the ROC government on September 1, 1945 had been invalid under international law, because if it were valid, the same as south Korea and north Korea, the "ROC" government in Taiwan could have been listed as a member State of the UN alongside Beijing the People's Republic of China government, and it would not have been expelled by the UN. (6) After Chinese Nanjing the ROC government had exiled to Taiwan in December 1949 for thirty years (i.e., in 1980), based on the following situations of the "ROC" government in Taiwan: 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: a “party-state" government in Taiwan and Penghu, where the Chinese political party, the Kuomintang, is seeking refuge, shouting "counter-attack and restoration of the nation" and “continued to manipulate” the Constitution of the ROC, which has no legitimacy to “rule Taiwan”. Although it remained the “authorities” that on behalf of fighting Japan Allied Powers to conduct “”military occupation” and governance over Taiwan and Penghu after the end of the Pacific War, it was not another China, which holds the sovereignty over Taiwan and Penghu. (7) After Chinese Nanjing the ROC government had exiled to Taiwan in December 1949 for forty-five years (i.e., in 1996), based on the following situations of the "ROC" government in Taiwan: 1. After the troops of Nanjing the ROC government had began a full-scale conscription of Taiwanese people since December 1949 for forty-five years, the “ROC troops” actually had been "Taiwanese troops"; 2. After the Taiwan Martial Law, which promulgated in 1949, lifted in 1987, not only the 38-year "White Terror" rule of the "ROC" government finally ended, but the native political parties that to pursue constitutional amendments to the Constitution of the ROC and "direct election for president” rose; 3. Since 1992 the Taiwanese people have been able to regularly elect all members of its Legislative-Yuan, and since 1996 have been able to regularly elect its president. Because its Kuomintang “party-state" government had been weakened, in reality, it had become: a government with "historical remnants" left by the series of actions from Nanjing the ROC government from 1945 to 1949 that to grab the sovereignty over Taiwan and Penghu – a government of the Constitution of the ROC, which has no legitimacy to “rule Taiwan”, absurdly “continued to be manipulated” by the Taiwanese people. Although it remained—the “authorities” that on behalf of fighting Japan Allied Powers to conduct governance over Taiwan and Penghu after the end of the Pacific War, the "ROC" government in Taiwan had become a government with "historical remnants" that the Taiwanese people, who are seeking to get rid of Taiwan’s dilemmas, “must clean it up themselves”. (8) The Montevideo Convention on the Rights and Duties of States stipulates that: international legal person, a sovereign State (State for short) must possess four requirements: 1.permanent population; 2.defined territory; 3.government (Oppenheim, a authoritative international law scholar, pointed that this government must be a sovereign government established by the inhabitants themselves); and 4.the ability to establish diplomatic relations with other countries. Therefore, even though a government with "historical remnants" has repeatedly had a "Taiwanese President" since 1996, because: 1. The Taiwanese people have never been "de jure" nationals of this government; 2. Taiwan and Penghu have never been "de jure" this government's territory; 3. This government is not a sovereign government of Taiwan "established by the Taiwanese people themselves"; 4. This government cannot establish formal diplomatic relations with mainstream countries. According to international law, Taiwan, Penghu, Kinmen, and Matsu under the governance of this government is not a sovereign State; its years of applying to “re-enter” the UN had been in vain. (9) The Democratic Progressive Party, a native Taiwanese political party, claimed in its 1999 "Resolution on Taiwan's Future" 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. Although Taiwan is called the Republic of China according to the current constitution, it is not subordinate to the People's Republic of China." This is as if DPP deviated from the facts of international law that "Taiwan and Penghu has never de jure been Chinese territory after the pacific War" declared: DPP had already accepted the series of actions by Chinese Nanjing the ROC government from 1945 to 1949 that to grab the sovereignty over Taiwan and Penghu. (10) Because Taiwan was actually only involved in territorial disputes with the Chinese government on the other side of the strait by the “ROC” government in Taiwan, which after exiled to Taiwan in December 1949 loudly proclaimed "counter-attack and restoration of the nation" and “continued to manipulate” the Constitution of China, which has no legitimacy to “rule Taiwan”. Therefore, the way for the Taiwanese people to seek to avoid a "Chinese unification vs. independence civil war” erupt in the Taiwan Strait is not uniting under a government with "historical remnants" to seek to confront China militarily, as if the people of Taiwan had already accepted the series of actions by Chinese Nanjing the ROC government from 1945 to 1949 that to grab the sovereignty over Taiwan and Penghu. The only possible path is this: On the one hand, the Taiwanese people must still enhance the defense capabilities of a government with "historical remnants" (the “authorities” that had been on behalf of fighting Japan Allied Powers to conduct “military occupation” and governance over Taiwan and Penghu.) On the other hand, the people of Taiwan must also return to the path that halted due to the pursuit of "direct presidential elections for the ROC" after the lifting of martial law in 1987 – to fulfill "self-rescue, self-determination, and nation-building" for the former colonial people of Taiwan after Japan renounced the sovereignty over Taiwan and Penghu, first, to demand that the DPP abolish the "Resolution on Taiwan's Future" party platform, which deviated from the facts of international law, then, to demand that the over half "Taiwanese-conscious" legislators of a government with "historical remnants", which actually had been "Taiwanese Parliament," in accordance with the San Francisco Peace Treaty with Japan to pass a referendum bill of the “Resolution on “Self-Rescue, Self-Determination and Nation-Building” for the Former Colonial People of Taiwan after Japan Renounced the Sovereignty over Taiwan and Penghu”. This would allow the Taiwanese people under the presence of UN finally could resort to "right to self-determination" in UN Charter to clean up a government with "historical remnants", and establish a sovereign State—Taiwan—according to the Taiwanese people self-drafted the Constitution of Taiwan. Only in this way can the Chinese government on the other side of the strait be prevented from launching a war to annex Taiwan on the grounds that "since the people of Taiwan have accepted the series of actions in Taiwan by Nanjing the ROC government from 1945 to 1949, Taiwan is now Chinese territory and the two sides must be unified". (11) After all the legislators of the Legislative-Yuan of the “ROC” government in Taiwan had been elected by Taiwanese people since 1992 10 times, the Legislative-Yuan of the “ROC” government in Taiwan actually had been "Taiwanese Parliament." It is a matter of course that the over half “Taiwan consciousness” legislators of actually had been "Taiwanese Parliament" following the will of the people and with a determination to end "since Japan had renounced the sovereignty over Taiwan and Penghu Taiwan's political status remains undecided" pass a referendum bill of the “Resolution on “Self-Rescue, Self-Determination, and Nation-Building ” for the Former Colonial People of Taiwan after Japan Renounced the Sovereignty over Taiwan and Penghu”. (12) Although the United States as the main occupying power of Japanese territory Taiwan and Penghu after the end of the Pacific War emphasized that the US has regarded Taiwan as a country, but, it has also repeatedly declared that the US does not support that “Taiwan, Penghu, Kinmen and Matsu is a “legally independent” State. And the so-called "opposition to unilaterally change the status quo of the Taiwan Strait" the US targeted are the “ROC” government in Taiwan and the Chinese government on the other side of the strait, both of them failed to obtain the sovereignty over Taiwan and Penghu after the Pacific War. It has nothing to do with the Taiwanese people. Declared: Starting January 2026, the minds of the people of Taiwan, blinded by the textbooks of the "ROC" in Taiwan, will once again see the light; the steps of the people of Taiwan, that halted due to the pursuit of "direct presidential elections for the ROC" after the lifting of martial law in 1987, will begin anew. The people of Taiwan: The Resolution on "Self-Rescue, Self-Determination, and Nation-Building" for the Former Colonial People of Taiwan After Japan Renounced the Sovereignty over Taiwan and Penghu （draft） Executive Director of the Taiwan Nation-Building Classroom, Nantou County
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