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Will the US Court the Third Disaster
in Its Taiwan Policy?
The US Must Not Accept the Nye Proposal

By Takayuki Munakata
Specialist on Taiwan Issues

     US Secretary of State Albright stated in a press interview,
held in Beijing on April 30, that "America will not recognize
Taiwan's independence or its entry into the United Nations."
She hinted at the possibility of a new Sino-US joint communique
during President Clinton's China visit in June.  Does this
indicate that the US government is planning to accept the Nye
proposal?  If that is the case, America will deny the Taiwanese
people their right of self-determination and abandon the hereto-
fore basic national policy of supporting human rights. A people's
right of self-determination is the most important and fundamental
of all human rights.  If Taiwan is swallowed up by China due to
US policy, Taiwan will lose its independence, and the Taiwanese
people will also be deprived of the freedom and democracy which
they won after more than forty years of hard struggle.  Such a
policy will go against the founding principles of America, which
won independence from Great Britain in search of freedom and
democracy.  It will also inflict a titanic wound to the soul of
all Americans.

     American policy towards China appears to be undergoing a
major change from confrontation to cooperation. Needless to say,
no one will object to this welcome event. The fear, however, is
that Taiwan will be sacrificed as a pawn in US-Chinese reconcili-
ation.

     Such symptoms are evident in former Assistant Secretary of
Defense Joseph Nye's article entitled "A Taiwan Deal, " which was
published in the March 8 issue of The Washington Post. Let us
review the history of the Taiwan problem before we scrutinize the
main issue.


China Shifts Foreign Policy
After the Crisis in the Taiwan Strait

Due to the Tiananmen incident of 1989, China was sanctioned by the international community and US-China relations, which had been improving, suddenly worsened. Thereafter, the collapse of the socialist systems centered in the Soviet Union made China fearful of "peaceful change" (i.e., the overthrow of the Chinese Communist regime through peaceful means). To guard the communist authoritarian rule, China took a hard line abroad, thus further deepening its isolation from the rest of the world. In 1992 China adopted its law of territorial waters, which designated the entire South China Sea as Chinese territory, and the Chinese navy occupied several islands in the South China Sea with the ostensible purpose of defending the marine resources. Tension with the nations of Southeast Asia rose. Reacting to Taiwan President Lee Tenghui's visit to America in June 1995, China conducted military exercises from July 1995 on to intimidate Taiwan. In March 1996, the first democratic Presidential election was held in Taiwan. Judging this to be an act to promote "Taiwan independence," China repeated large-scale military exercises, including firing missiles to seas near Taiwan. To counter China's threat to Taiwan, the US sent two aircraft carrier fleets. Tension between the US and China rose to an extreme height, even causing talks of a war between the US and China. In April 1996, President Clinton and Prime Minister Hashimoto conferred in Tokyo and announced the "Joint Declaration on Japan- US Security An Alliance for the 21st Century." The Joint Declara- tion set forth the goal of strengthening the Japan-US alliance in order to preserve the peace and security of the Asia-Pacific area. In view of such developments, China has shifted its foreign policy. In a war with the US, China could lose everything. The mere heightening of military tension would severely damage the Chinese economy, which is being developed with the injection of foreign capital under the policy of "reform and liberalization." The member states of the Association of Southeast Asian Nations (ASEAN) regard China to be the greatest threat and are intensifying mutual cooperation to preserve their security. First, China approached the ASEAN members to pledge that China would never become a military superpower, and to stress that China would give highest priority to economic development and "peace of the Asian Pacific region was most important to China." China rolled out its "reconciliation diplomacy" not only to neighboring states but also to many other countries in an effort to impress upon them China's "peaceful intentions." China's greatest objective is to improve relations with the US, which has become the world's sole superpower. In November, 1996, at the APEC unofficial conference of heads of states in the Phillippines, China's President Jiang Zemin conferred with President Clinton and agreed that the US and China will try to establish "strategic dialogue relationship" and "cooperative partnership." While it is not clear what this "cooperative part- nership" means, in April of that year when President Yeltsin visited China, Russia and China have already given their assent to "construct a strategic, cooperative partnership." China has signed similar joint proclamations with many other countries since then. China's "reconciliation diplomacy" towards America is directed mainly to US business interests. American businesses regard China as the world's largest potential market and are increasingly vocal in demanding improvement of relations with China. Many former high government officials speak for such US businesses and China and operate as the so-called "New China Lobby." According to The Coming Conflict with China by Richard Bernstein and Ross Munro, former Secretaries of State Henry Kissinger and Alexander Haig are at the center of the New China Lobby. Through powerful activities of the China Lobby, a mood was created in America to accept reconciliation with China. In November 1997, president Jiang Zemin visited America, exchanged views with President Clinton and a US-China joint statement was issued. With the statement, both countries agreed to build a "constructive, strategic partnership," while recognizing there were large differences of opinion regarding human rights between the two countries. As for Taiwan, while China asserted that "Taiwan is the most important issue in US-China relations," the US merely replied that it would continue to support the "One China" policy. At the White House joint press interview after the summit meeting, while President Clinton maintained that the Taiwan issue "should be settled peacefully by the peoples of Taiwan and China," President Jiang Zemin stated "in the event of Taiwan independence or intervention by foreign powers, China's use of force is possible." The joint statement was devoid of concrete substance and did not appear to bring about significant change in US-China relations. However, afterward China elevated the importance of the agreement to construct a US-China strategic partnership and began to emphasize that it is feasible if "Taiwan independence" can be prevented. Acceding to Nye's Proposal Means Taiwan's Ruin

In January of this year, former Defense Secretary Perry paid a visit to China one week prior to Defense Secretary Cohen's China visit. It is alleged that Mr. Perry was asked by the US government to consult with the Chinese side in order to facili- tate dialogue between Taiwan and China. After visiting China, Mr. Perry went to Taiwan and met with Taipei Mayor Chen Shui-bian and Chairman of the Democratic Pro- gressive Party (DPP) Hsu Hsing-liang, both prospective presiden- tial candidates, and told them "You have the potential to take the reins of the government in the future. But independence means Taiwan's ruin. It will be a mistake to think America will come to Taiwan's aid." Mr. Perry advised that even if the DPP, whose party platform is Taiwan independence, were to gain power, it should not implement independence. On March 5, former presidential assistant in charge of national security Anthony Lake gave a speech in Taipei. Mr. Lake repeatedly stressed "America will never sacrifice Taiwan," mindful of the Taiwanese people's adverse reaction to the Perry statements. But he implicitly opposed Taiwan independence by saying "Taiwan must not precipitate unnecessary conflict with China." Mr. Lake also urged the early resumption of dialogue with China. On March 8, Mr. Joseph Nye's article was published. Four days later, it was announced that President Clinton's China visit, originally set for November this year, would be moved forward by five months. Mr. Nye, who served as Assistant Defense Secretary until last December, is the person who advocated America's "strategic ambiguity" towards Taiwan. In his current article, however, he turns around to argue for "clearing up the dangerous ambiguity about Taiwan." His proposal consists of three items. 1. The US should clearly state its opposition to formal Taiwan independence. It should also say that if Taiwan were to declare independence, the US would actively discourage other countries from recognizing Taiwan independence. At the same time, however, Washington would express its objection to China's use of force against Taiwan. 2. Once Taiwan forswears independence, the US would ask China to permit Taiwan's participation in more international organiza- tions and to give Taiwan more international living space. The US would also ask that China's Taiwan policy be based on the Hong Kong style "one-country, two-systems" approach. 3. The United States should demand that Taiwan pledge decisively not to formally declare independence. If Taiwan were to accept Nye's proposal, its future prospects would be entirely lost. For Taiwan to publicly forswear independence is tantamount to declaring that Taiwan is not an independent state. Such an act would only lead to a misconception that Taiwan is a colony or a territorial possession among foreign countries. This would close the path to new diplomatic relations with other nations and make it impossible for Taiwan to participate in international organizations where membership is limited to sovereign states. Taiwan would be permanently barred from the United Nations and other international security structures. In the future, when China's military power becomes an effec- tive deterrent against the US, how effective would America's objection to China's use of force against Taiwan be? When China invades Taiwan under that situation, Taiwan can only fight alone or surrender. Mr. Nye proposes that the "one-country, two-systems" approach be applied to Taiwan, as was done in Hong Kong. To absorb Taiwan with the "one-country, two-systems" approach has been China's consistent policy ever since Deng Xiaoping first advanced the idea. Mr. Nye calls it a Taiwan "deal." This is nothing but the capitulation of the United States to China. Why should Taiwan be treated the same way as Hong Kong, which was a British colony? 91.7% of British Hong Kong was land which England leased for a period of 99 years. England had to return the land since the lease period expired in 1997. The remaining area of Hong Kong was only 84.8 square kilometers. Great Britain had no choice but to "return" the balance of the land in response to China's demand, since the small area could not survive if segregated from China. China's application of the "one-country, two-systems" to Hong Kong was not a concession on China's part. It was simply to China's economic advantage to do so. Taiwan is an independent country, not a colony of anyone. Besides, Taiwan has never been ruled by the People's Republic of China (PRC). Why should Taiwan be swallowed up by China? What is "Taiwan Independence"?

Mr. Nye is quite ignorant about both Taiwan's history and its current reality. When Mr. Nye uses the words "Taiwan independence," what does he mean exactly? "Taiwan independence" means different things to China, to Taiwan's Kuomintang (KMT) regime, and to the Taiwanese in favor of independence. China advocates "one China." This "China" of course means the PRC. And China asserts that "Taiwan is part of China." It is evident to all that this assertion is completely fictitious and does not reflect current reality. All it means is that Taiwan is included in the PRC's map of China. China says it "will not permit" Taiwan's separatist independence. How can Taiwan be separated from China when in reality it is not part of China? China has never explained the meaning of what it calls "Taiwan's separatist independence." Why is it necessary to arbitrarily guess the meaning of "Taiwan independence," which has never been defined by China, and play up to it? Like China, the KMT regime also espouses "One China." But here "China" means the Republic of China (ROC). The KMT regime further maintains that the ROC possesses sovereignty over the territory of the PRC. However, this is clearly pure fiction. This merely indicates that China is included in the map of the ROC. Recently, the KMT has called itself "Republic of China on Taiwan." But it has not officially abandoned its claim of sove- reignty against China thus far. When the KMT regime mentions "Taiwan independence," it means giving up the name -- the Republic of China (ROC). Since the KMT regime actually rules only Taiwan (including the Pescadores), with the exception of small Chinese offshore islands (Quemoy, Matsu), when Taiwan is divorced from the ROC name, only Quemoy and Matsu will remain as ROC territory and the Republic of China will in fact disappear. The KMT clings to the Republic of China name to placate the sentiment of party members and mainlanders (those who moved to Taiwan from China after World War II) with emotional attachment to the ROC. "Taiwan independence" advocated by the Taiwanese independence activists means independence from the "Republic of China" regime. This ROC regime is a system of government by which the mainlanders ruled the Taiwanese, under the fiction that "The Republic of China alone is the legitimate government of China." The KMT was an alien power, a colonial regime which ruled the Taiwanese by force. The independence activists wanted freedom from this system of colonial rule and call it "Taiwan independence." However, the political structure by which the mainlanders ruled the Taiwanese collapsed when the "life-long legislators" (members of the Legislative Yuan and National Assembly), consisting mostly of mainlanders, were all relieved of their duties in 1991 and general election was held for the National Assembly the same year and for the Legislative Yuan in 1992. Furthermore, the first direct presidential election by the whole nation was held in 1996 and Taiwan's political system was completely democratized. Nevertheless, the make-believe that "the Republic of China" is the legitimate government of China" still remains. The "Taiwan independence" espoused by the Taiwanese indepen- dence activists means doing away with the this make-believe, es- tablishing the ROC's sovereign territory which conforms to current reality, and changing the state name to Taiwan. Therefore, "Taiwan independence" as advocated by the independence activists is Taiwan's domestic affair, with which China should not interfere. Needless to say, neither should the US and other countries intervene. Two Disasters in US Taiwan Policy

The US has twice erred grievously in its Taiwan policy in the past and thereby has done great harm to the Taiwanese people. The first error was ordering Chiang Kai-shek to occupy Taiwan after the allied powers won the war against Japan. In 1943 when the three allied leaders, President Roosevelt, Prime Minister Churchill and Chairman Chiang Kai-shek conferred in Cairo, it was agreed that Taiwan be given to the Republic of China at President Roosevelt's suggestion. This was not demanded by Chiang Kai-shek. Actually, Chiang Kai-shek was not even concerned about Taiwan, which was ceded to Japan by the Qing Dynasty prior to the ROC's birth. Fearing that Chiang Kai-shek might drop out of the allied forces, President Roosevelt merely wanted to ingratiate himself with Chiang Kai-shek. However, since any territorial change re- sulting from war must be implemented by a peace treaty, this agreement was not effectual in international law. There was no need to have Chiang Kai-shek occupy Taiwan. As evidenced in the "China White Papers" published by the US State Department in 1949, the American government knew that the Chiang Kai-shek regime was extremely corrupt and tyrannical. How much misery would befall the Taiwanese people once Chiang Kai- shek took possession of Taiwan should have been foreseeable. As a matter of fact, for more than 40 years the people of Taiwan were forced to endure a rule of terror, imposed by the despotic regime of the two Chiangs father and son. America's second mistake was made in 1971, when the Republic of China was expelled from the United Nations. The US government supported the ROC's UN seat as a means of barring China's participation in the United Nations, since there was a strong anti-Chinese feeling in the United States which fought China in the Korean War. Because the ROC occupied a per- manent member's seat in the Security Council as representative of China, the "issue of Chinese representation" was debated in the UN General Assembly every year. When the number of countries supporting China's entry into the UN increased, the US proposed that the issue of Chinese representation be designated an "impor- tant question" requiring a resolution by a two-thirds majority of the General Assembly. The designation of an "important question" is done with a simple majority of the General Assembly. By 1971, however, it was clearly difficult to pass the "important question" resolution. Thus the Nixon administration urged Chiang Kai-shek to give up the permanent member's seat. Once the ROC surrendered the permanent member's seat, the "issue of Chinese representation" would have disappeared. Since there was no reason to expel the ROC from the general membership of the UN, the problem would have been resolved by China's entry into the UN as a permanent member of the Security Council. Judging from Taiwan's newspapers which spoke for the Chiang regime at that time, Chiang Kai-shek was leaning toward surrender- ing the permanent member's seat. Since the Chiang regime was then protected by US military assistance and the US-China Mutual Defense Treaty, Chiang Kai-shek would have no choice but to give up the permanent member's seat had the US applied a bit more pressure. The US, however, was not familiar with the real situa- tion in Taiwan. It proposed that the expulsion of the ROC be designated as an "important question" and was defeated in the voting. If Chiang Kai-shek was made to give up the permanent member's seat at that time, China would have joined the UN as China's representative and as a permanent member of the Security Council. The ROC would have kept general membership in the UN as Taiwan's representative and the international community would have recog- nized that China and Taiwan were separate countries. Solution to the Taiwan Issue

It is an undeniable fact that there exists on Taiwan a country called the Republic of China. Among the world's 193 nations Taiwan's population of 21,600,000 ranks 43rd, its Gross National Product (GNP) of US $286 billion ranks 17th, and its per capita GNP of US $13,000 ranks 25th. Taiwan's population is roughly equal to that of Peru or Venezuela. Its GNP is similar to that of Argentina or Mexico. Its per capita GNP ranks with Spain or New Zealand. When compared with China, Taiwan's population is less than one-fiftieth that of China. Taiwan's GNP is greater than one- third of China's GNP, and its per capital GNP is twenty times that of China. The solution of the Taiwan issue must mean that this country is accepted by the international community as a sovereign state equal to other nations of the world, that it participates in international security arrangements and that the preservation of its national security and the freedom and democracy, which were won by the 21,600,000 citizens with blood and sweat, be made possible. From the perspective of international law, it is also improper to isolate Taiwan from the community of nations. The Chiang regime occupied Taiwan in accordance with general order number one, issued by the supreme commander of the allied powers on September 2, 1945. It was a temporary occupation of a defeated country by the victorious nation, similar in nature to the occupation of Japan by American forces and the occupation of Manchuria (China's northeast region) by the Soviet Union. The peace treaty with Japan, signed in 1951, decided Japan's surrender of Taiwan. But Taiwan's status was not decided due to differing views among the allied powers. Therefore, the official position of the US heretofore has been that "Taiwan's status is in abeyance" and Japan holds the same view. Thereafter, the principle of people's right to self-determi- nation was firmly established in international law. Hence, this principle must be applied to Taiwan, whose legal status is still undecided. In the International Covenants on Human Rights adopted by the UN General Assembly in 1966, both the "International Covenant on Economic, Social and Cultural Rights" (A Covenant) and the "International Covenant on Civil and Political Rights" (B Cove- nant) proclaim "peoples' right of self-determination" in Article 1 in identical language and provide that: All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. A people's right of self-determination is the most fundamen- tal human right stipulated in international law. If the United States, whose basic national policy is to protect human rights, were to deny the Taiwanese people their right of self-determina- tion, then America would lose faith with the world community. It would desecrate the soul of America's founding and injure Americans themselves. America should recognize that a great majority of the Tai- wanese people do not want unification with China. While the KMT says its basic party policy is "unification" through dialogue, its conditions for unification are "freedom, democracy and parity of wealth." No one can predict when China will evolve into a free and democratic country. It is difficult to imagine when "parity of wealth" between Taiwan and China may be achieved, where the difference in per capita GNP is twenty-fold. One can readily understand that the KMT is not seriously considering unification with China by examining its conditions for unification, which are virtually impossible to meet. The KMT is simply bound by Chiang Kai-shek's legacy of the so-called "unification" policy. From the viewpoint of both current reality and international law, there can be no just resolution of the Taiwan problem aside from Taiwan's entry into the international community. To join the international community, however, Taiwan must first change itself. The ROC was expelled from the UN and became isolated from the international community because it claimed that "the ROC government was the legitimate government of China." To this day the ROC has not discarded this fiction. The official map of the ROC still includes not just the PRC but also Mongolia, which became independent nearly eighty years ago. As a result, the ROC actually exercises sovereignty over only one-three hundredth of the territory over which it claims sovereignty. Thus, it may be difficult for the international community to recognize the ROC as a sovereign state, even though in reality the ROC exists as an independent country. America is urging the resumption of negotiations between Taiwan and China. It is very desirable that through dialogue between Taiwan and China mutual trust develops between the two countries and that negotiation moves forward. But the talks stall at the negotiation table due to mutual suspicions. Under current conditions, where each side claims the other's territory as its own, mutual trust is not feasible. Both China and Taiwan do not recognize the sovereignty of the other party. Since the negotiation cannot be between nations, its format is talks between non-governmental entities. Thus, Taiwan and China cannot even make treaties or agreements between each other as nations. The US should advise Taiwan now that "the ROC should recog- nize the territory and sovereignty of the PRC and then ask the PRC to likewise recognize the ROC." When the Taiwan side declares that it "recognizes and respects China's territory and sovereignty," China is not likely to attack Taiwan by force on the ground that "this is an unacceptable act of promoting Taiwan independence." The international community surely will not tolerate such unprin- cipled behavior.


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