Declaration on "Self-rescue, Self-determination, and State-building" of the Taiwanese People

       Review: In order to win the 2000 general election of at Taiwan the “ROC,” in 1999 the Democratic Progressive Party (DPP) passed the "Resolution on the Future of Taiwan" party platform. Review: In August 2002, at Taiwan the “ROC” President Chen Shui-bian declared "one country, one side," and in March 2005, the Chinese government on the other side of the strait enacted the "Anti-Secession Law." Review: To intimidate at Taiwan the “ROC” Tsai Ing-wen administration that the two sides of the strait must be unified, in October 2021, the Chinese government on the other side of the strait launched day and night pressing on Taiwan with fighter jets and warships. Review: In 2024 at Taiwan “Chinese political party Kuomintang” began to coordinate with its motherland to stir up troubles in Taiwan. The Taiwanese people must wake up: It is imperative that they return to the path of their predecessors, such as Professor Peng Ming-min, Xie Cong-min, Wei Ting-chao, and Pastor Huang Zhang-hui that to seek the "self-determination of people" of Taiwan after the Pacific War. 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 at Taiwan the “ROC” and the Chinese government on the other side of the strait, but Taiwan could also be annexed by China. Therefore, the Taiwanese people based on the following international legal facts:

(1) After Japan surrendered in the Pacific War, on September 1, 1945, Chinese government, the ROC in Nanjing, airdropped leaflets to the Taiwanese people claiming that—Taiwan should 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 20 Taiwanese indigenous 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 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.Even without the Cairo Declaration during the war, which stated "all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and the Pescadores shall be restored to ROC," Manchuria—the Chinese four northeastern provinces—could be reverted to the Chinese territory as well immediately after the war based on the fact that it was indeed "Japan had stolen from the Chinese." As for Taiwan and Penghu, why they were Japanese territories before the war was not "Japan had stolen from the Chinese," whether the ownership of the sovereignty would change after the war could only be determined in the post-war treaties signed between the Allies and Japan; 4.The Potsdam Proclamation was an instrument by which the Allied Powers demanded Japan to surrender, not a treaty; 5.The Cairo Declaration mentioned in the Potsdam Proclamation was a press release issued after the 1943 Cairo military conference by China, the US, and the Britain to outline their “post-war intention,” and was not a treaty.

(2) Similar to the mission of Lu Han's army of the ROC in Nanjing entering northern Vietnam, on October 17, 1945, Chen Yi's army of the ROC in Nanjing landed in Keelung under the transport of American warships. Its mission was to conduct military occupation over Taiwan on behalf of the Allied Powers, not to "take over Taiwan." Its mission was based on the Supreme Commander of the Allied Powers' General Order No. 1 on Occupation and Demobilization dated September 2, 1945. Therefore, before the Allies signed a post-war treaty with Japan, the following acts regarding Taiwan that the Chinese government ROC in Nanjing took: 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 the Supreme Commander of the Allied Powers’ General Order No. 1 on Occupation and Demobilization to conduct military occupation over Taiwan on behalf of the Allied Powers) to broadcast to the Taiwanese people—Taiwan has once again become Chinese territory—soon after the ceremony that accepting the surrender of Japanese troops in Taiwan on behalf of the Allied Powers finished; 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 Taiwan Provincial Government; 4.In December 1947 promulgated: To implement the Constitution of the ROC over Taiwan. These acts were all in violation of international law that "the troops of conducting military occupation may not transfer the sovereignty over the territories occupied" to grab the sovereignty over Taiwan.

(3) Although due to the San Francisco Peace Treaty with Japan signed on September 8, 1951, did not ratify the "post-war intention" announcement in the Cairo Declaration that "Taiwan and Penghu shall be restored to the ROC," neither of the two Chinese governments, the ROC and the People's ROC, were able to acquire the sovereignty over Taiwan from Japan after the war. Based on the principle of "self-determination of people" in the UN Charter, and given that Japan had already renounced the sovereignty over Taiwan in the San Francisco Peace Treaty with Japan, the Taiwanese people undoubtedly had the right to decide Taiwan's post-war political status. However, the Taiwanese people could only seek the post-war "self-determination of people” of Taiwan alone overseas. The reason for this was that the Taiwanese people already under the guns of “martial law” of exiled to Taiwan Kuomintang government of the ROC in Nanjing could only be "obedient subjects."

(4) After the San Francisco Peace Treaty with Japan came into effect in April 1952, for the Taiwanese people, because at Taiwan the “ROC” not only had lost its Chinese territory, but also failed to acquire the sovereignty over Taiwan, it was merely a Chinese government in-exile that “after defeated in the Chinese civil war, in December 1949 led its approximately 1.6 million military, civil servants, and teachers fled to Taiwan, and then in Taiwan manipulating the Constitution of the ROC, which without ruling Taiwan legitimacy." It was not another Chinese government holding the sovereignty over Taiwan.

(5) After Chinese government the ROC in Nanjing had military occupied Taiwan and grabbed the sovereignty over Taiwan from 1945 to 1949, then exiled to Taiwan in late 1949, and then after 1950 in Taiwan manipulating the Constitution of the ROC, which without ruling Taiwan legitimacy, for over 30 years. Based on the following situations of at Taiwan the “ROC”: 1.UN Resolution 2758 of 1971 not only vetoed its right to represent Taiwan, but also removed its right to represent China; 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 stopped recognizing the "governing authorities on Taiwan" formerly known as the "Chief Executive's Office of Taiwan Province" was former Chinese government—the ROC. Because its "Chinese government-in-exile" was no longer sustainable, after 1980, it actually became a government of "exiled to Taiwan Chinese party Kuomintang one-party autocracy that manipulating the Constitution of the ROC, which without ruling Taiwan legitimacy." It was not another Chinese government holding the sovereignty over Taiwan.

(6) After Chinese government the ROC in Nanjing had military occupied Taiwan and grabbed the sovereignty over Taiwan from 1945 to 1949, then exiled to Taiwan in late 1949, and then after 1950 in Taiwan manipulating the Constitution of the ROC, which without ruling Taiwan legitimacy, for over 45 years. Based on the following situations of at Taiwan the “ROC”: 1.Its "Chinese government-in-exile" was no longer sustainable; 2.After the lifting of its 38-year "martial law" in 1987, the Taiwanese people have been able to regularly elect all members of its Legislative Yuan since 1992, and its president since 1996. Its "exiled to Taiwan Chinese party Kuomintang one-party autocracy" has weakened; 3 After the troops of the ROC in Nanjing in violation of “military occupation” international law had recruited troops in its land of “military occupation” Taiwan since 1949 for more than 45 years, due to the troops of the ROC actually “Taiwanese troops,” its “since October 25, 1945 on behalf of the Allies to conduct military occupation over Taiwan” international legal status actually had been severed. After 1996, it actually became a government of "historical remnants" that the Taiwanese people must eliminate left behind by “from 1945 to 1949 the ROC in Nanjing had grabbed the sovereignty over Taiwan”—a government of “the Constitution of the ROC, which without ruling Taiwan legitimacy, absurdly been manipulated in Taiwan by Taiwanese."

(7) 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 (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 at Taiwan the “ROC” can be election-democratized by terminating the provisional clauses of the Constitution of ROC, however, only the elections of “government position" of a “foreign occupation” government cannot accomplish “regime localization” of this government. Because at Taiwan the “ROC” government is not a sovereign government established by the Taiwanese people, Taiwan is not a State under international law, that Taiwan cannot formally establish diplomatic relations with other mainstream countries in the international community, and become a member State of the United Nations.

(8) The local political party DPP’ 1999 "Resolution on the Future of Taiwan" party platform, which states 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 Republic of China according to its constitution, it is not subordinate to the People's Republic of China," contradicts the international legal facts that "Taiwan has never legally become Chinese territory after the war." As if the Taiwanese people declared: Accepting that from 1945 to 1949 the ROC in Nanjing had grabbed the sovereignty over Taiwan. This Resolution sets the history back 50 years, trapping the Taiwanese people into a "Chinese civil war."

(9)Because Taiwan was actually only drawn into territorial disputes with the Chinese government on the other side of the strait by the ROC, the Chinese government-in-exile that had been shouting "counterattack and restore the country" in the past. Therefore, the path for the Taiwanese people to defuse the looming tensions of war in the Taiwan Strait is not: in a situation that as if the Taiwanese people had accepted “from 1945-1949 the ROC in Nanjing had grabbed the sovereignty over Taiwan” to resist China's attempt to unify Taiwan by force. The only path is: the Taiwanese people return to the path of seeking the "self-determination of people" of Taiwan post-war, first, they must demand that the DPP to abolish its party platform, the "Resolution on the Future of Taiwan" which deviates from international legal facts, thus to let Taiwan return to a situation that "after 1996, at Taiwan the “ROC” actually became a “historical remnant” government that the Taiwanese people must eliminate." Then, they must demand that the over half “Taiwanese consciousness" legislators of actually "Taiwanese Congress" of a "historical remnants" government to pass a referendum on the "Resolution on Self-determination of People of Taiwan after the Sovereignty over Taiwan Renounced by Japan" that based on the San Francisco Peace Treaty with Japan. This would finally allow the Taiwanese people under the witness of the signatories of the San Francisco Peace Treaty with Japan to invoke the UN Charter's “right to self-determination” to eliminate a "historical remnant" government—a government of “the Constitution of the ROC, which without ruling Taiwan legitimacy, absurdly been manipulated in Taiwan by Taiwanese," and establish a sovereign government 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 "Taiwan has been Chinese territory, and the two sides of the strait must be unified."

(10) Although the US, as the principle occupying power of Taiwan and Penghu where the ownership of the sovereignty was still 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 at Taiwan the “ROC” 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.

(11) An institution that can legitimately initiate the "self-determination of people" of Taiwan post-war: the actually "Taiwan Congress" of a "historical remnant" government, not its Presidential Office.

(12) After 10 times all the legislators of the Legislative-Yuan of at Taiwan the “ROC" had been elected by Taiwanese people since 1992, the Legislative-Yuan of at Taiwan the “ROC” actually had been the "Taiwan Congress." It is a matter of course that responding to the demand of the Taiwanese people the over half “Taiwan consciousness” legislators of actually "Taiwan Congress" 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 November 2025, in order to seek liberation of the Taiwanese people from former Chinese Constitution of the ROC, the Taiwanese people return to the path of to fulfill the "self-determination of people" of Taiwan after the Pacific War and take any feasible actions:

1. 1.Demand that China: Because Chiang Kai-shek's claim that "Taiwan should be restored to the ROC according to the Potsdam Declaration" is not valid under international law; because at Taiwan the "ROC” is not another Chinese government holding the sovereignty over Taiwan; because at Taiwan the “ROC” had become a "historical remnant" government that the Taiwanese people must eliminate, China should not press on Taiwan day and night with fighter planes and warships to threat the Taiwanese people that the two sides of the strait must be unified.
2. 2.Demand that the DPP: In order to defuse the looming tensions of war in the Taiwan Strait, abolish the "Resolution on the Future of Taiwan" party platform which deviates from international legal facts, and lead the Taiwanese people to fulfill the "self-determination of people" of Taiwan after the Pacific War.
3. 3.Demand that the over half “Taiwan consciousness” legislators of actually "Taiwan Congress": In order for Taiwan can become a State in international community to 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   （suggesting draft）    

1. 1.Except the current regulations 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 administrations, 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 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. 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. 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. 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 three months the Committee should propose the Draft of Constitution of Taiwan.
5. 5.The current legislators of Taiwan and Penghu shall establish the Formulating Assembly of Constitution of Taiwan. Within three months the Assembly should finalize the Constitution of Taiwan from the Draft of the Constitution of Taiwan.
6. 6.After the Constitution of Taiwan finalized, within three months the people of Taiwan should conduct the referendum of the Constitution of Taiwan.
7. 7.After the Constitution of Taiwan referendum “majority rule” passed, within six months the new Congress and the head of a new State should be elected in accordance with the Constitution of Taiwan.

Alliance for fulfilling post-war “self-determination of people” of Taiwan

(The abbreviation of entire name—Action alliance for fulfilling the “self-determination of people” of Taiwan after the Pacific War)  

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