I Foreword
On March 14, the Peoples Republic of China disregarded the concerns of the
international community and passed the so-called Anti-secession Law. In
response to Chinas contempt for Taiwans sovereignty, its unilateral steps to
change the status quo, the escalation of tensions across the Taiwan Strait and
actions which have given rise to a cross-Strait crisis, the Republic of China
solemnly proclaims its opposition to this Law.
The Republic of China calls on the international community to address the Laws
violation of international law, its impact on Taiwans democratic development,
its harm to cross-Strait relations and its threat to regional security, and to
take pro-active measures to restrain Chinas aggressive behavior and safeguard
Taiwans right to exist in the international community.
II Main Contents of and Intentions behind the Anti-secession Law
(I) Main contents
The Anti-secession Law contains ten articles. Main items of the Laws content
which deserve attention include:
1. Defining Taiwans status: The Law proclaims that Taiwan is a part of China,
and that accomplishing the great task of reunifying the motherland is the
sacred duty of all Chinese people, including Taiwan compatriots [Articles 2 and
4].
2. Circumscribing the cross-Strait issue: The Law proclaims that the Taiwan
question is one left unresolved from the Chinese civil war of the late 1940s. It
also states that resolution of the Taiwan question is Chinas internal
affair and is not subject to interference from any outside forces [Article 3].
3. Imposing preconditions: The Law proclaims that the principle of one China
is the basis for peaceful reunification of the country [Article 5].
4. Adopting non-peaceful means: The Law unilaterally defines the following
conditions under which China can employ non-peaceful means and other necessary
measures to protect its sovereignty and territorial integrity: (i) in the event
that the Taiwan independence secessionist forces should act under any name or
by any means to cause Taiwans separation from China; (ii) the occurrence of
incidents entailing Taiwans secession from China; or (iii) the complete
exhaustion of possibilities for peaceful reunification. Under the
above-mentioned circumstances, the Law authorizes the State Council and the
Central Military Commission to decide on and execute non-peaceful means [Article
8].
(II) Major intentions
1. To unilaterally establish a dominant position: Through the Anti-secession
Law, China is attempting to simultaneously play the roles of lawmaker, judge
and law enforcer.
2. To establish a legal basis for the military invasion of Taiwan: Through the
Anti-secession Law, China has changed its Taiwan policy from a mere political
statement to a legal basis, paving the way for an invasion of Taiwan.
3. To take a strong stance in the international community: China is reiterating
its position to the international community that the Taiwan issue is an internal
affair, and that there is a red line that cannot be crossed. The law can be
used by China as a bargaining chip with all parties concerned with the
cross-Strait situation.
4. To justify a hypocritical democracy: Through the passage of the
Anti-secession Law by the National Peoples Congress, China is claiming to be
reflecting public opinion. It is trying to make its rigid stance towards
Taiwan appear democratic and justifiable.
III Criticism of the Anti-secession Law (I) Violation of International Law
1. Violation of the principles of peoples sovereignty and self-determination:
According to the principles of sovereignty and self-determination as stated in
the UN Charter, the sovereignty of Taiwan belongs to its 23 million people. In
addition, based on the Montevideo Convention of 1933 on the Rights and Duties of
States, which stipulates the qualifications of a state, as well as related
diplomatic practice, it is undeniable that the Republic of China is a sovereign
and independent state. The Anti-secession Lawa domestic law unilaterally
enacted by Chinaclaims that Taiwan is a part of China and suggests that
non-peaceful means may be arbitrarily employed by China to achieve unification.
This is not only a violation of the principle of self-determination but also
infringes upon the sovereignty of the Republic of China.
2. Violation of the Spirit of Peace: The UN Charter clearly stipulates that the
UN was founded to maintain international peace and security. It also establishes
the principle of the renunciation of the use of force in resolving disputes
among nations. The UN Declaration on the Rights of People to Peace (1984)
proclaims the sacred right of all peoples to peace, and requests that member
states eradicate war from the life of mankind, denounce the use of force in
international relations and bear in mind the fundamental principle of settling
disputes through peaceful means as set forth in the UN Charter. Since the
Anti-secession Law is only a domestic law, and since Taiwan does not fall
within Chinas jurisdiction, the Law is not applicable to Taiwan. However, the
non-peaceful means set out in the Law, and against Taiwan, openly violate the
spirit of peace as set out in the UN Charter and the UN Declaration on the
Rights of People to Peace.
(II) Harming Taiwans democratic development
1. Denying democratic values
The main difference between Taiwan and China is that Taiwan adheres to democracy
and human rights while the Peoples Republic of China is still a one-party
dictatorship that deprives its people of rights and freedom, and which has been
condemned by the international community for its poor human rights record. Over
the past five decades, Taiwan has been transformed from an authoritarian regime
into a pluralistic democracy. Its people enjoy full civil and political rights.
They are given the power to amend the Constitution and directly elect the head
of state and legislators, the freedom to congregate and associate, and the
freedom of expression and the press. Their basic human rights are fully
protected. However, under the Anti-secession Law, autocratic China will be
able to unilaterally interpret Taiwans efforts to deepen the democratization
process as an attempt towards independence, and use force against Taiwan as a
result. This represents not only a gross contempt for freedom, democracy, human
rights and other universal values, but also a major departure from the noble
values of human civilization.
2. Violation of the opinion of the people of Taiwan
The Republic of China is an independent and sovereign state. Taiwans
sovereignty belongs to the 23 million people of Taiwan. Only the 23 million
people of Taiwan may decide on the future of Taiwan. This statement represents
the greatest consensus within Taiwans society today concerning the issues of
national sovereignty and the future of Taiwan. It is also a common position
shared by both the ruling and opposition parties in Taiwan. A recent opinion
poll shows that more than 90% of the people of Taiwan agree with this position.
Although China has repeatedly claimed that it places its hope on the people of
Taiwan, the newly enacted Anti-secession Law contradicts the will of the
people of Taiwan in every way. As an opinion poll taken in early March 2005
showed, 93.4% of the population of Taiwan disfavor Chinas use of the
Anti-secession Law as an excuse to invade Taiwan. On March 4, the Legislature
passed a resolution, in accordance with the consensus among the ruling and
opposition parties, that called upon Beijing to use extra caution before taking
any further steps.
(III) Harming the development of peaceful cross-Strait relations
1. A unilateral change to the status quo
For more than half a century, neither side of the Taiwan Strait has been subject
to the other. All opinion polls conducted in Taiwan show that 80% of the
population favors maintenance of the status quo in cross-Strait relations. It is
also in keeping with mainstream opinion in the international community that the
two sides of the Taiwan Strait maintain the status quo and solve disagreements
through dialogue and peaceful means. However, by providing a legal basis for
unilateral interpretation of the One China principle through the
Anti-secession Law, and by claiming that unification is the legal obligation
and sacred responsibility of the people of Taiwan, China has unilaterally
changed the status quo in the Taiwan Strait.
2. A departure from the trend towards easing tensions in cross-Strait relations
Improving cross-Strait relations has been the consistent stance of the
government of the Republic of China. Since last year, we have continued to
express our goodwill to alleviate military tensions across the Strait, end
antagonism and improve cross-Strait relations. In addition to reiterating our
stance on the Five Nos, we have called for negotiations and the establishment
of a framework for peaceful and stable interaction between the two sides of the
Strait. During the Lunar New Year Holidays in 2005, direct flights across the
Strait were undertaken for the first time. This was a sign of easing tensions in
the Strait, and the reaction of the international community to these direct
flights was positive. For a long time, China has been threatening Taiwan
militarily and isolating us diplomatically. This is the main reason why
cross-Strait relations have been unable to improve. Therefore, China should
refrain from threatening and isolating Taiwan. Yet China has insisted on passing
this Anti-secession Law, and is threatening to use force against Taiwan. This
will only further separate the two sides and further estrange the peoples on
either side of the Taiwan Strait.
3. Distorting the nature of cross-Strait problems
In terms of the development of cross-Strait relations, the people of Taiwan
demand that China respect the existence of the Republic of China, the right of
the people of Taiwan to peaceful development and freedom of choice, and Taiwans
space in the international community. Yet by passing the Anti-secession Law
and threatening to use force against Taiwan, China has attempted to deceive the
people of Taiwan by extending some minor incentives to them in the economic and
trade spheres, completely distorting the nature of cross-Strait problems. In
fact, what China most needsand what Taiwan can provideis a democratic system,
complete freedom and the protection of human rights.
(IV) Threatening regional security
1. Hastening preparation for the use of force against Taiwan
China continues to hasten its preparation to use force against Taiwan. Its
defense budget grows at a two-digit rate every yeargrowing by 11.6% in 2004 and
12.6% in 2005. Its total defense budget for 2005 has reached almost US$30
billion, though the actual figure is estimated to be between US$65 billion and
US$76 billion, making it the third highest in the world. China fired missiles
near major ports in northern and southern Taiwan in 1996, and has continued to
conduct military drills targeting Taiwan over the years. In recent years, China
has increased its deployment of missiles aimed at Taiwan by more than 100
missiles per year. The total number of Chinese missiles targeting Taiwan are
expected to reach 800 in 2006. In addition, China has continuously acquired new
submarines, with these vessels appearing many times in the Taiwan Strait and the
waters of Taiwans east coast. According to estimates, China will possess as
many as 50 modern submarines by 2006.
In recent years, Chinas wording on the use of force against Taiwan has become
increasingly rigid. In its 2000 Defense White Paper, China claimed that the
Chinese Peoples Liberation Army has the absolute determination, confidence,
ability and means to safeguard state sovereignty and territorial integrity. In
2002, it said that Chinas armed forces have the resolve as well as capacity to
check any separatist act. In 2004, it even said that the Chinese people and
armed forces will resolutely and thoroughly crush any intention of Taiwan
independence at any cost. The trend shows that Chinas Anti-secession Law is
in fact a law that authorizes war.
2. Expanding the conditions under which force can be used
China has insisted on its stance of not renouncing the use of force against
Taiwan. Before 2000, it announced that it would use force against Taiwan under
the following three conditions: (i) a declaration of independence in Taiwan;
(ii) the occurrence of internal strife in Taiwan, and (iii) the intervention of
foreign powers. In February 2000, China issued the Principle of One China and
Taiwan Problems. In this document, it changed the conditions for the use of
force against Taiwan to the following: (i) the occurrence of events leading to
the separation of Taiwan from China under any name; (ii) the invasion or
occupation of Taiwan by foreign countries; (iii) the refusal on the part of the
Taiwan authorities, sine die, to reach a peaceful settlement on cross-Strait
reunification through negotiations. The Anti-secession Law of 2005 has further
expanded the conditions to include the event that Taiwan independence
secessionist forces should act under any name or by any means to cause the fact
of Taiwans separation from China, or that major incidents entailing Taiwans
secession from China should occur, or that possibilities for a peaceful
reunification should be completely exhausted. It is obvious that the conditions
set by China to use force against Taiwan have become even broader, that the
definition of these conditions has become even more ambiguous, and that China
has given itself greater discretion to use force against Taiwan. In other words,
the threat that China poses to security in the Taiwan Strait is even greater.
3. Endangering regional security
Taiwan is located in the first chain of islands in the West Pacific. All flight
and shipping routes between locations in Northeast and Southeast Asia pass
through the Taiwan Strait. The peace and stability of East Asia hinges much on
cross-Strait security, and the international community should thus pay close
attention to this issue. In a joint declaration by the Japan-US Security
Consultative Committee this year,
encouraging the peaceful resolution of
issues concerning the Taiwan Strait through dialogue was listed as a common
strategic goal. In its Anti-secession Law, China declared that it will use
force against Taiwan based on unilateral conditions. China also opposes the
intervention of foreign countries, using the pretext that the cross-Strait issue
is an internal affair. As a result, Chinas behavior will bring the situation in
the Taiwan Strait to the verge of a potential conflict and, subsequently,
endanger regional security and stability, making neighboring countries victims
of disaster.
IV. Conclusion
In the face of Chinas passage of the Anti-secession Lawa law that changes
the status quo in the Taiwan Straitthe government of the Republic of China
reiterates the following: both sides of the Strait should resolve disputes
through dialogue based on the principles of democracy, freedom and peace; the
government of the Republic of China will insist on its steadfast stance of
reconciliation without flinching; standing firm yet avoiding confrontation,
and will continue to safeguard its national sovereignty, strive to improve
cross-Strait relations and make sure that peace in the Taiwan Strait is
preserved.
The United States, Canada, Japan, Australia, New Zealand and the European Union
have all expressed opinions since the passage of the Anti-secession Law in
China on March 14. They have opposed Chinas intention to solve the Taiwan issue
through non-peaceful means, have called on China to resume cross-Strait dialogue
as soon as possible, and have urged China to not take unilateral action that
could raise tensions in the Taiwan Strait. The government of the Republic of
China welcomes and appreciates statements by these nations towards protecting
democratic values and ensuring peace and security. We also hope that all
democratic and peace-loving nations will work to protect democracy, prosperity
and peace in the Taiwan Strait by such concrete methods as opposing arms sales
to China and assisting Taiwans entry into international organizations.