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"
In retrospect: To win the 2000 presidential election of the "ROC" government in Taiwan, the Democratic Progressive Party (DPP) passed the "Resolution on Taiwan's Future" party platform in May 1999. In 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." In 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. In retrospect: Since April 2024, exiled to Taiwan Chinese political party Kuomintang began to stir up trouble in Taiwan in a way that catered to its motherland. The people of Taiwan must awaken: It is imperative for them to return to the footsteps taken by predecessors such as Professor Peng Ming-min, Hsieh Tsung-min, Wei Ting-chao, Pastor Huang Chang-hui, Pastor Huang Wu-tung, Professor Lin Tsung-yi, and Pastor Sung Chuan-sheng before 1987—The Taiwanese people's path of "self-rescue, self-determination, and nation-building" after the signing of the San Francisco Peace Treaty with Japan. This is because if the DPP is allowed to continue to embrace the Constitution of the ROC and claim that "the ROC Taiwan is a sovereign and independent state," not only will a "Chinese Civil War" erupt between the "ROC" government in Taiwan and Chinese Beijing the People's Republic of China government, but Taiwan may also be annexed by China. Therefore, 80 years after the end of the Pacific War, in order for Taiwan and Penghu—territory under "military occupation" of fighting Japan Allied Powers after the end of the Pacific War whose sovereignty remains undetermined—to become a sovereign States, the people of Taiwan based on the following facts of post-war international law:
(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 claiming that—Taiwan was to be restored to the ROC in accordance with the Potsdam Declaration—this claiming was not valid under international law.This is because:1. Taiwan was the territory of Taiwanese indigenous peoples (total 20 peoples including both plains and mountainous areas) and not the territory of the Han people in southern Fujian; 2. Although after the Qing Empire occupied the southwestern plains of Taiwan in 1683, because the Han people in southern Fujian came to Taiwan to "trickery plunder" the land of Taiwanese indigenous peoples to cultivate homes that Taiwan had been the “Qing Empire 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 Declaration 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 Declaration was a "press communiqué" issued after the Cairo Military Conference of the United States, Britain, and China in 1943, not a treaty. 4. Unlike Manchuria, due to which became a Japanese vassal state in a manner resembling "Japan had stolen from the Chinese," even without the "post-war intention" statement in the Cairo Declaration by the United States, Britain, and China that "all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and the Pescadores shall be restored to ROC," Manchuria could have immediately become Chinese territory after the war. As for Taiwan and Penghu, how they were Japanese territories before the war was through treaty cession by the Qing Empire, not "Japan had stolen from the Chinese," whether their sovereignty changed after the war could only be determined in the post-war treaties signed between fighting Japan Allied Powers and Japan, not based on the Potsdam Declaration, which allowed them to immediately become Chinese territory.
(2) Similar to the mission of Lu Han's troops of Chinese Nanjing the ROC government entering northern Vietnam in September 1945, on October 17, 1945, Chen Yi's troops of Chinese Nanjing the ROC government landed in Keelung under the transport of American warships, its mission was to "military occupy" Taiwan and Penghu on behalf of fighting Japan Allied Powers according to Supreme Commander of Allied Powers MacArthur's "Occupation and Demobilization, General Order No. 1" of September 2, 1945, not to directly "take over" Taiwan and Penghu in accordance with the Potsdam Declaration. Therefore, before the signing of the post-war treaty of the Pacific War, the following acts in Taiwan of Chinese Nanjing the ROC government: 1. On October 25, 1945, authorized the chief executive Chen Yiof the “Chief Executive's Office of Taiwan Province”—the authorities established by Chiang Kai-shek in accordance with "Occupation and Demobilization, General Order No. 1" to "military occupy" Taiwan and Penghu on behalf of the Allied Powers—soon after the ceremony that accepting the surrender of Japanese troops in Taiwan on behalf of the Allied Powers finished to broadcast 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 “ROC Taiwan Provincial Government;” 4. In December 1947 promulgated: To implement the Constitution of the ROC over Taiwan; 5. Since December 1949 the troops of the ROC in Nanjing launched a full-scale conscription of Taiwanese people, all of which were the acts violated the international law that "military occupying troops shall not transfer the sovereignty over the occupied territory" to grab the sovereignty over Taiwan and Penghu.
(3) The Republic of China and the People's Republic of China are the former and subsequent names of the Chinese government. A state cannot be exiled, but its government can. On September 8, 1951, the post-war treaty of the Pacific War—the “San Francisco Peace Treaty with Japan”—was signed. Because fighting Japan Allied Powers did not ratify the "post-war intention" statement in the Cairo Declaration of the United States, Britain, and China that "all the territories Japan has stolen from the Chinese such as Manchuria, Formosa, and the Pescadores shall be restored to the Republic of China," neither the “ROC” government in Taiwan nor Chinese Beijing the People's Republic of China government could obtain the sovereignty over Taiwan（including Penghu）. Based on the principle of "self-determination of people" in the UN Charter, after Japan renounced the sovereignty over Taiwan in the “San Francisco Peace Treaty with Japan”, the people of Taiwan were undoubtedly able to decide their own post-war political status.
(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, its failure to acquire the sovereignty over Taiwan was a fact under international law. In effect, it had become a Chinese government-in-exile that: In October 1945, "military occupy" Taiwan on behalf of the fighting Japan Allied Powers; from 1945 to 1949 violated the international law of "military occupation" to grab the sovereignty over Taiwan; in December 1949 Chinese civil war defeated ordered its 1.6 million military, civil servants, and teachers exiled to Taiwan—territory under "military occupation" of fighting Japan Allied Powers after the end of the Pacific War; and then in Taiwan manipulating the "Constitution of the ROC," which lacked legitimacy to rule Taiwan. Although it remained the "governing authorities on Taiwan," it was not another China holding the sovereignty over Taiwan.
(5) In October 1971, the United Nations General Assembly passed Resolution 2758. For the people of Taiwan, the international legal significance of this resolution was: it confirmed that Taiwan had not become Chinese territory after the Pacific War. Because if the proclamation issued by Chinese government, the ROC in Nanjing, in September 1945 to the people of Taiwan—Taiwan was to be restored to the ROC in accordance with the Potsdam Declaration—had been valid under international law, the "ROC" government in Taiwan would have been able to stand alongside Beijing the People's Republic of China government as a UN member state under the status of "territory divided state," and it would not have been expelled from the United Nations.
(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 United Nations 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 United States and other mainstream countries in the international community had ceased to recognize the "governing authorities on Taiwan" as the Chinese government-in-exile—the ROC. Because its international recognition as a "Chinese government-in-exile" was no longer sustainable, in effect, it had become a Kuomintang "party-state" government that: Chinese party Kuomintang continued in Taiwan—territory under "military occupation" of fighting Japan Allied Powers after the end of the Pacific War—to manipulate the Constitution of ROC, which lacked legitimacy to rule Taiwan. Although it remained the "governing authorities on Taiwan," it was not another China holding the sovereignty over Taiwan.
(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. Forty-five years after Nanjing the ROC troops (actually the Kuomintang troops) began a full-scale conscription of Taiwanese people since December 1949, the Kuomintang troops actually had been "Taiwanese troops;" 2. After the Taiwan Martial Law promulgated in 1949 was lifted in 1987, prominence through "democratic election” local political parties rose; 3. Since 1992, the Taiwanese people have been able to regularly elect all members of its Legislative Yuan; 4. Since 1996, the Taiwanese people have been able to regularly elect its president. Because its Kuomintang "party-state" government had been weakened, in effect, it had become: it had become: "Taiwanese people must clean up" a "historical remnant" government that left by Chinese Nanjing the ROC government's a series acts of violating international law on "military occupation" to grab the sovereignty over from 1945 to 1949—a government of "the Constitution of the ROC, which lacked legitimacy to rule Taiwan, absurdly still to be manipulated by the Taiwanese people." Although it remains the "governing authorities on Taiwan," it is not another China holding the sovereignty over Taiwan.
(8)The Montevideo Convention on the Rights and Duties of States stipulates that: international legal person, a sovereign State (State for short) must hold four qualifications: 1. a permanent population; 2. a defined territory; 3. a government (as pointed out by the authoritative international law scholar Oppenheim, this government must be a sovereign government established by the inhabitants themselves); and 4. the ability to establish diplomatic relations with other countries. Therefore, although the "ROC" government in Taiwan can be democratized by terminating its provisional clauses of the Constitution of the ROC, it is still not a sovereign State that "capable of applying for entry into the United Nations," because: 1. The people of Taiwan have never been de jure its citizens; 2. Taiwan has never been de jure its territory; 3. It is not a sovereign government established by the people of Taiwan themselves; and 4. It cannot establish formal diplomatic relations with the mainstream countries of the international community.
(9) The Democratic Progressive Party, a local Taiwanese political party, stated 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 the Taiwanese people themselves had deviated from the international law fact that "Taiwan has never been de jure Chinese territory after the war," and accepted Chinese Nanjing the ROC government’s a series of acts from 1945 to 1949 that violating international law on "military occupation" to grab the sovereignty over Taiwan.
(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 shouted "counterattack and restoration of the nation." Therefore, the way for the Taiwanese people to avoid a "Chinese Civil War" in the Taiwan Strait is not to unite under the “ROC” government in Taiwan and seek to confront China militarily, as if the Taiwanese people had already accepted Chinese Nanjing the ROC government’s a series of acts from 1945 to 1949 that violating international law on "military occupation" to grab the sovereignty over Taiwan. The only possible path is this: On the one hand, the Taiwanese people must still enhance the defense capabilities of a "historical remnant" government (the former "military occupy" Taiwan authorities of Allied Powers;) on the other hand, the Taiwanese people must return to Taiwanese people's path of "self-rescue, self-determination, and nation-building" after the signing of the San Francisco Peace Treaty with Japan. This requires first demanding that the Democratic Progressive Party abolish its 1999 "Resolution on Taiwan's Future" party platform, which deviated from international law facts. Then, it requires that a "historical remnant" government’s actually had been "Taiwanese Parliament" the over half "Taiwanese-conscious" legislators in accordance with the San Francisco Peace Treaty with Japan to pass a referendum on the “Resolution on Self-determination of People of Taiwan after the Sovereignty over Taiwan Renounced by Japan.” This would allow the Taiwanese people finally under the presence of the signatories of the San Francisco Treaty with Japan resort to "right to self-determination" in UN Charter to clean up a "historical remnant" government and establish a Taiwanese sovereign government according to self-drafted the Constitution of 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 "because the Taiwanese people have accepted a series of treatments to Taiwan by Nanjing ROC government from 1945 to 1949, Taiwan is now Chinese territory, and the two sides of the strait must be unified."
(11) Although the US, as the principle occupying power of Taiwan and Penghu whose sovereignty remains undetermined after the end of the Pacific War, emphasized that the US has regarded Taiwanas a country, but, it has also repeatedly declared “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 acquire the sovereignty over Taiwan post-war. It has nothing to do with the Taiwanese people.
(12) After10 times all the legislators of the Legislative-Yuan of the “ROC” government in Taiwan had been elected by Taiwanese people since 1992, 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" with a determination to end "since the end of the Pacific War the political status of Taiwan has not been determined" to pass a referendum on the “Resolution on Self-determination of People of Taiwan after the Sovereignty over Taiwan Renounced by Japan.”
Declared: Starting in January 2026, the people of Taiwan will return to Taiwanese people's path of "self-rescue, self-determination, and nation-building" after the signing of the San Francisco Peace Treaty with Japan, and will take any feasible action:
3. Demand that the over half “Taiwan consciousness” legislators of actually had been "Taiwanese Parliament" pass a referendum on the “Resolution on Self-determination of People of Taiwan after the Sovereignty over Taiwan Renounced by Japan.”
The Resolution on Self-determination of People of Taiwan after the Sovereignty over Taiwan Renounced by Japan （draft） Eighty years after the end of the Pacific War, in order to enable Taiwan and Penghu— territory under "military occupation" of fighting Japan Allied Powers after the end of the Pacific War whose sovereignty remains undetermined—to become a sovereign State, the people of Taiwan hereby make the following decisions regarding Taiwan's post-war political status: 1.Except the current provisions that required to safeguard Taiwan's national security, to safeguard the lives and properties of the people of Taiwan, to safeguard the continued operation of the central and local administrative organs, and to safeguard the welfare of the military, public service, teaching staff (including already retired) of the ROC government, the manipulating of the Constitution of the ROC, which lacked legitimacy to rule Taiwan, be terminated, the ROC central government become caretaker government of Taiwan, the President, vice-President of the ROC of the term become the Head, deputy Head of caretaker government of Taiwan. 2.The Head of caretaker government of Taiwan should announce that: The ROC troops be withdrawn from Chinese two islands Kinmen and Matsu, and the residents of Kinmen and Matsu hold the “nationality treatment” of Taiwan for two years. 3.The sovereignty of Dongsha Island and Taiping Island, which are garrisoned by the ROC government troops but are not Taiwanese territory, shall be submitted to the United Nations for adjudication by the Head of caretaker government of Taiwan.
7. After the Constitution of Taiwan referendum “majority rule” passed, within six months, the new Taiwanese parliament and the head of a new State may be elected in accordance with the Constitution of Taiwan.
Wang Yen-Bin Co-initiators of the Alliance for Post-War Taiwan's "Self-Determination of People" 2025 10 25 E-mail: yenbin1948@gmail.com https://www.twself-determination.tw
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