Unrecognized

Where We Are:

I am quoting the following, from TaiwanThinkTank.org, titled, “The One-China Policy and Japan-Taiwan Relations“…

    Foreign Minister Shigemitsu signs the document of formal surrender on September 02, 1945, aboard the battleship, USS Missouri.

In Article 2 of the San Francisco Peace Treaty (SFPT), Japan renounced all right, title and claim to Formosa and the Pescadores. Due to the fact that neither the Republic of China (ROC) nor the People’s Republic of China (PRC) was among the signatories of the San Francisco peace treaty, in the Japan-China peace treaty signed on April 28, 1952 (when the San Francisco Peace Treaty came into force), Japan reiterated that it recognized that under Article 2 of the San Francisco Peace Treaty it renounced all right, title, and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the Paracel Islands.

Japan renounced its right, title and claim to Taiwan, but it did not mention to whom it relinquished Taiwan. Neither the ROC nor the PRC was among the signatories of the San Francisco peace treaty, and the rights of China were explicitly defined in a separate article (Article 21) of the treaty. Clearly Japan did not turn over its rule of Taiwan to the PRC or the ROC.

When the Japan-China Peace Treaty was signed, the San Francisco Peace Treaty had already come into force. This means that in the Japan-China peace treaty, Japan could not re-relinquish territory it had already disowned in the San Francisco peace treaty. For this reason in the Japan-China peace treaty, Japan made its renouncement in accordance with the San Francisco peace treaty. In other words, according to the San Francisco Peace Treaty Japan renounced its right, title and claim to Taiwan, but did not specify to whom the territory was handed over. Since it had given up its rule of Taiwan, Japan no longer had a say-so concerning dominion over Taiwan. This is the legal grounds for the argument that Taiwan’s status has not been determined. It also sets the parameters for how Japan deals with issues pertinent to Taiwan’s status.

Independent Sovereign State:

(Photo, courtesy of daylife)  A Taiwan demonstrator wraps his head with a Taiwan Republic flag during a flag raising ceremony sponsored by the pro-independence Taiwan Republic Movement, Monday, Sept. 8, 2008, in Taipei, Taiwan. The group has campaigned to declare September 8 Taiwans independence day to mark the 1951 San Francisco Peace Treaty, under which Japan renounced its 50-year colonial rule of the island.

(Photo, courtesy of daylife) A Taiwan demonstrator wraps his head with a "Taiwan Republic" flag during a flag raising ceremony sponsored by the pro-independence Taiwan Republic Movement, Monday, Sept. 8, 2008, in Taipei, Taiwan. The group has campaigned to declared September 9 Taiwan's independence day to mark the 1951 San Francisco Peace Treaty, under which Japan renounced its 50-year colonial rule of the island.

The San Francisco Peace Treaty between Japan and China changes everything.  With this knowledge, as all Taiwanese politicians share, there is one question that begs to be asked: What are we doing with the Cross Strait relations?

Taiwan was not part of China once century ago upon the arrival of Sun Yat-Sen, not was it part of China in 1947 when the R.O.C. (Republic of China) government crossed over with Chiang Kai-Shek (CKS), nor during the time of or post-Japanese Colonial Era.

Despite the 1895 Treaty of Shimonoseki where it states that Taiwan was ceded to Japan from China, was due to a minor misunderstanding, which history books will not reveal – lets just call it, a secret history from the generations.  Upon the arrival of the Japanese, obviously foreign to the local language, looked to the next biggest land for political rights and reference.  China, being more than happy to obtain currency through negotiation with Japan, agreed to surrender the rights of Taiwan.

One understands – any country must consider the majority as well as recognize the minority.  In this case, the Taiwanese and Chinese are the majority.  The island is governed by two political parties: the Chinese Nationalist Party (or Kuomintang, KMT) and the Democratic Progressive Party (DPP).  The wide-spread use of Mandarin has been adopted nation-wide, the people have become Chinese-friendly, recognizes Chinese culture and welcomes mainland tourism.

The point I’m trying to come across can be broiled down to one simple question: What do you mean by “return to China” or being a “province of China“?

There is indeed a greater possibility of holding significant relations with China, if it was not for the territorial claims and their alarming threats (missiles).  There are many who believe, if these were never an issue, Taiwan and China would hold diplomatic relations and still hold membership within the United Nations (UN).

On the other hand, let us consider one of the minorities of the island: the Japanese.  Why do we not hold similar perceptions with them?  Perhaps it may be due to the frequent assistance, trade and political nature between the two nations.  Perhaps, it could be that Japan had never attempted to reclaim Taiwan nor made any statements in doing so.

What is the main issue at hand, that leads us all to such complicated ties? Why is Taiwan a better partner for the island than China?

Occupation and Citizenship:

Republic of China passport.

Republic of China passport.

Present research in the internationally recognized laws of war (such as the laws of military occupation), suggests that Taiwan’s referred “permanent poluation” may be a case of mistaken identity.  Since the century-long occupation of the Chinese in the island, the issue of identity crisis, for both sides, rose greatly by the numbers.  The researchers involved, suggests that the legal basis for recognizing the Taiwanese in holding ROC citizenship, is greatly debated to serious doubt.

Question of Legal Basis:

(Photo, courtesy of China Economic Net)  Japanese Prime Minister Yasuo Fukuda said on Friday, May 02, 2008, that Japan does not support Taiwan authorities attempts to seek UN membership through referendum and moves that may change status quo of the cross-Strait relations.
(Photo, courtesy of China Economic Net) Japanese Prime Minister Yasuo Fukuda said on Friday, May 02, 2008, that Japan does not support Taiwan authorities’ attempts to seek UN membership through “referendum” and moves that may change status quo of the cross-Strait relations.
  1. Under the customary laws of warfare, upon the surrender of Japanese troops the local populace in Taiwan will pass under a “temporary allegiance” to the conqueror, which in the post-Napoleonic era will be the principal occupying power. Moreover, the doctrine of “temporary allegiance” only exists in a single-tiered formulation. The historical record clearly shows that the United States was the “conqueror” of Taiwan, not the Republic of China.
  2. In the General Order No. 1, General MacArthur gave directions to Chiang Kai-Shek of the Republic of China to accept the surrender of Japanese troops in Taiwan. The Generalissimo accepted these orders. The surrender ceremonies mark the beginning of the belligerent occupation. The United States is the “conqueror and the “principal occupying power.” The Republic of China military forces are merely a “subordinate occupying power” under the USA.
  3. Although there were some prolamations made in 1945, the most commonly quoted reference for the “legal basis” of native Taiwanese persons as having ROC nationality is a January 12, 1946, order issued by the ROC military authorities. However, that order was never ratified by the Legislative Yuan, nor made into a law. Importantly, as “belligerent occupation” of Taiwan began on October 25, 1945, with the surrender of Japanese troops, and only ended with the coming into force of the San Francisco Peace Treaty (SFPT) on April 28, 1952, such an order is prohibited. More specifically, the imposition of mass-naturalization procedures over the civilian population in occupied Taiwan territory is a war crime.
  4. Reference to the pronouncement of the US government, the British government, etc. in the late 1940’s (and even into the 1950’s) confirms that the leading Allied nations never recognized the legal validity of the mass naturalization of native Taiwanese persons as “ROC citizens” by the Chiang Kai-shek regime in the 1940’s.
  5. Notably, Article 4 of the ROC Constitution specifies that “The territory of the Republic of China within its existing national boundaries shall not be altered except by a resolution of the National Assembly.” In regard to the alleged incorporation of Taiwan into Chinese territory, there is no resolution of the National Assembly on record. Moreover, international law specifies that “military occupation does not transfer sovereignty.” The proclamation of “Taiwan Retrocession Day” on October 25, 1945, thus indicating a clear intention and objective to annex Taiwan territory, is a war crime.
  6. *Article 26 of the SFPT serves to authorize the drafting of a peace treaty between the ROC and Japan. Article 10 of the Sino-Japanese Peace Treaty (Treaty of Taipei) of August 5, 1952 specifies: “For the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendents who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores)….”The ROC Nationality Law was originally promulgated in February 1929, when Taiwan was a part of Japan. It was revised in February 2000, however there were no Articles addressing the mass naturalization of Taiwanese persons as ROC citizens. Hence, the conditions of Article 10 of the Sino-Japanese Peace Treaty in regard to “in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan….” have yet to be fulfilled.
  7. Japanese Courts have held that the native persons of “Formosa and the Pescadores” were of Japanese nationality until the early Spring of 1952. In the SFPT, Japan renounced the sovereignty of Taiwan, but the ROC was not the recipient of this sovereignty. This is stated in Article 2b (“Japan renounces all right, title and claim to Formosa and the Pescadores…”  The SFPT did not designate a recipient of “all right, title and claim to Formosa and the Pescadores.”  ) and confirmed in Article 21.  Hence, according to the provisions of the SFPT, the Republic of China is not the legal government of Taiwan.(Following the effects of the SFPT, the ROC governed Taiwan as an agent for the United States, “the principal occupying power.”  The territory under the United States Military Government [USMG] never reached a final political status and has been left as being stated: undetermined.  How does this change our relations with the United States government?  )>>>Letter to the TAIPEI TIMES Editorial on this subject, can be found, here.  <<<
  8. For native Taiwanese persons to be bona fide ROC citizens, two conditions would need to be met. First, the SFPT would have to award sovereignty of Taiwan to the ROC and second, there would have to be a law passed regarding these mass-naturalization procedures, after the peace treaty came into effect on April 28, 1952. In fact, neither of these two conditions has been met.
  9. Importantly, the ROC Constitution does not clearly define its ownterritory.” By contrast, the Constitution of the United States specifies the inclusion of the original thirteen states, as well as additional states which have entered the Union via acts of Congress. In regard to territories over which other countries have relinquished sovereignty, and which have come under the jurisdiction of the United States, there are treaties which give the full specifications.
  10. The Republic of ChinaConstitution currently in use in Taiwan was passed on December 25, 1946, when the Chinese Nationalist Party (KMT) still ruled China. It was promulgated on January 1, 1947, and came into force on December 25, 1947. It was brought over from Mainland China by the KMT during the Chinese Civil War period of the late 1940’s. During this period of time, Taiwan was under military occupation, and had not been incorporated into Chinese territory. As such, this ROC Constitution, which is often called the “Nanjing Constitution“, is not the true organic law of the Taiwan cession, and all relevant articles regarding “the people of the ROC” cannot be interpreted to apply to Taiwanese persons.
  11. With no clear leagal basis to include “Formosa and the Pescadores” (aka Taiwan) in its definition of “national territory,” and no international treaty references which can be found, it is extremely questionable to say that the ROC Ministry of the Interior is the “competent authority” to issue ID cards to Taiwanese persons, or that the ROC Ministry of Foreign Affairs (MOFA) is the “competent authority” to issue passports to Taiwanese persons.
  12. The military government of the principal occupying power does not end with the coming into force of the peace treaty. To date, no record can be found of a formal announcement of the end of United States Military Government in Taiwan. Under such circumstances, the subordinate occupying power ROC’s enforcement of mandatory military conscription policies over the native Taiwanese populace in occupied Taiwan territory from the early 1950’s up to the present is a war crime.

March 26, 1895 marks as the First Sino-Japanese War.  Japanese forces invade and occupy the Pescadores Islands off Taiwan without casualties.

March 26, 1895 marks as the First Sino-Japanese War. Japanese forces invade and occupy the Pescadores Islands off Taiwan without casualties.

In not one of the legal documents (nor the General Order No. 1 on Sept. 2, 1945), or ceremonies held upon the Japanese’s surrender held in Taipei, in October 25, 1945 – could signify any means of transfer of sovereignty over “Formosa and the Pescadores” to the ROC government.

The “Republic of China on Taiwan” lacks the permanent population necessary to be formally and internationally accepted as an independent sovereign nation.

Thinking Japanese:

    (Photo, courtesy of china-un.ch) Since the Joint Communique between Japan and the PRC, their relations have since been affirmed and celebrated to this day.

(Photo, courtesy of china-un.ch) Since the Joint Communique between Japan and the PRC, their relations have since been affirmed and celebrated to this day.

The peaceful relations between Taiwan and Japan, is in thanks to the 1972 Japan-PRC Joint CommuniqueSince the Joint Communique, Japan has maintained non-political, economic relations as well as private exchanges, with Taiwan and does not recognize the ROC government as an official government, hence having remained to referring the island as simply, Taiwan.

There was a pre-condition, however.  Japan abrogated the Treaty of Taipei in relation to the non-recognized Taiwan polity (at the time).

>>>Information on the Taiwan Relations Act (or TRA), can be found, here.  <<<

The SFPT is the underlying cause to the complications within the political status of Taiwan and the ability made possible for the long reign of the ROC government over the island.

Quoting, here, from civil-taiwan.org:

Currently, Taiwan is an occupied territory of the United States, and Taiwan’s statehood status is disputed and uncertain. Neither the SFPT nor the Treaty of Taipei nor any other subsequent legal instruments changed the status of Taiwan.

The United States as the principal occupying power is still holding the sovereignty over Taiwan and title to its territory in trust for the benefit of the Taiwanese people. The principal occupying power never transferred the sovereignty over Taiwan or title to its territory to any other government.

The international community does not recognize Taiwan as a state.

The United Nations never recognized Taiwan as a state and has never granted Taiwan’s application for membership.

Treaty of Peace: Since the ROC nor PRC were invited to attend the San Francisco Conference nor the San Francisco Treaty,  the ROC in conclusion, created a separate Treaty of Peace with Japan in 1952.

(Photo, courtesy of Japan Society)  Second Treaty For the Japanese, is the SFPT, signed-in-effect on September 8,1951 in San Francisco, California, United States of America.

(Photo, courtesy of Japan Society) Second Treaty For the Japanese, is the SFPT, signed-in-effect on September 8,1951 in San Francisco, California, United States of America.

Listed specifically in Chapter II, titled as “territory,” under Article 2 (b), “Japan renounces all right, title and claim to Formosa and the Pescadores.”  …  And under the same article, section 2, sub-section (f), “Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.”

China’s Glory:

(Photo, courtesy of history.state.gov)  Chinese Revolution of 1949 in Beijing, China.

(Photo, courtesy of history.state.gov) Chinese Revolution of 1949 in Beijing, China.

There is a price when you hurt someone’s pride or make them lose face, however, it is soundly lethal, with a country.

China not only claims territorial and political rights over the island, but as well to the statement that the island has been under China for “hundreds of years.”  The funny thing is:  the PRC has never controlled Taiwan, or any of the current ROC territory commonly referred to as Taiwan.”

Why would China make such claims?

According to dated history, the Han Chinese first settled in the islands of Penghu in the 1200’s, however at the time was doomed as unattractive due to the local hostile tribes and lack of trade resources.

This was during the ancient China’s time of the Three Kingdoms period (third century, 230 A.D.), or aka, Three Countries in the Mandarin language.

The most notable immigration of the Chinese and the Imperial Chinese rule was when the forces of Southern Fujian came to defeat the Dutch in 1662, lead by the general Zheng Cheng-Gong, whom is as well referred to by his nickname, Koxinga.

>>> After the arrival of Zheng Cheng-Gong.  <<<

In the end of the Ming Dynasty, as a means of protest and revival of the Ming Dynasty rule, did Koxinga retreat to Taiwan with like Ming followers and have since, established the *Kingdom of Tung-Ning in what was then called, Formosa.  Koxinga was the first and only emperor of the island.

>>>Interesting Fact: Ming Dynasty was the most raved by the Chinese people with the highest amount of loyalst to date in history that upon the merge into the Qing Dynasty, the Ming-loyalists, in protest, would commit suicide, or refuse to reform to the new Dynasty’s orders.  <<<

(Photo, courtesy of panoramio)  State of Zheng Cheng-Gong (or Koxinga), located in Fujian, China.

(Photo, courtesy of panoramio) State of Zheng Cheng-Gong (or Koxinga), located in Fujian, China.

The Betrayal of the Kingdom: Koxinga’s work and efforts had all failed with the defeat of his grandson to Admiral Shi Lang in 1683, during the Qing Dynasty (of China) – and thus, formally annexed Taiwan, placing it under the jurisdiction of Fujian province.

The Qing Dynasty government held control over the island through the issuing a series of edicts to manage immigration and aboriginal land rights (please refer to here, for related, “Taiwan Aboriginal Rights“).  They continued to immigrate people of Southern Fujian to promote and keep the rule, therefore created the first identity issue.

In 1887, the Qing government had decided to upgraded Taiwan’s status from prefecture to a full province, or state, of Fujian, China.

Imperial Japan disrupted China’s rule in 1592 by Toyotomi Hideyoshi.

May 25, 1895, a group of pro-Qing followers claimed the Republic of Formosa to resist the Imperial Japanese rule, however had been defeated [pro-Qing followers] on October 21, 1895.

October 25, 1945, the troops of the Republic of China accepted the formal surrender of the Japanese military in Taihoku (once a prefecture, now the Control Yuan, located in Taipei City) and was since lead by CKS, under Chen Yi (which from his rule [Chen], became very unstable and corrupt, hence the often referred image of the KMT).

Since the conquer of the ROC government, the flow of Chinese immigrants to the island, had resumed, notably in 1949 upon the defeat in the Chinese Civil War.

Since the 2-28 Massacre, many problems arose, compounded with hyperinflation unrest, distrust due to political, cultural and linguistic differences between local residents and the Mainland Chinese – lead to the new Taiwanese’s support for a new government.

Since 1949, the island has accumulated a snow-ball series of severe clashes between two political parties between the government (KMT) and the Taiwanese (DPP) in reference to the 228 and the reign of White Terror.

>>> Significance of the 228 Revolution of 1947 can be read through here.  <<<

From this period, up to the 1980’s, the island was governed by a party-state dictatorship with the KMT as the long-standing ruling party, allowing the continuance of military rule – which disrupted any possible distinction between the government and the party – with public property, government property, and party property being constantly and freely interchangeable.

At this time, education, government work and media were all required to pledge their allegiance tot he KMT party.  Any other parties, separate from the ruling party, were outlawed and the opponets, persecuted, incarcerated and executed.

Temporary Provisions Effective During the Period of Communist Rebellion” was what Taiwan was named under, in effect of the new government, from 1948 to 1987, when former President, Lee Teng-Hui liberalized the island with an introduced democratic system and the idea of sovereignty.  Former President Lee created the group, Taiwan Solidarity Union, or TSU.

Conclusion:

(Photo, courtesy of Xinhua, by Wang Yong-Gji)  Mainlander, Zheng Jian, 81, born in Southeast Taiwan, posts a letter (from China) to his Taiwanese relatives at the ceremony marking the start of direct postal services between the Chinese mainland and Taiwan, in Beijing.  Photo is dated to December 15, 2008.

(Photo, courtesy of Xinhua, by Wang Yong-Gji) Mainlander, Zheng Jian, 81, born in Southeast Taiwan, posts a letter (from China) to his Taiwanese relatives at the ceremony marking the start of direct postal services between the Chinese mainland and Taiwan, in Beijing. Photo is dated to December 15, 2008.

Despite the mainland-Chinese ruling system, the two parties held one similar belief: anti-Communism.

Since the late 1970’s, technology had a revolution in Taiwan, kept-up with Japan (no. 1) and holds a ranking of no. 2, helped with national finance and together with the engineering the Japanese had provided, the island grew independently rich once more.

Facts are an important factor and apparently seems to be what’s missing from the Taiwanese people, new-Taiwanese and traditional, even students.

What factors have changed? Currently, there is an appeal to bring the case of Taiwan’s Independence to the Supreme Court in the US.  As the recent warming within the Cross Strait opens new doors, yet remain just as fragile still – current President, Ma Ying-Jeou is taking gradual, precautionary steps to rebuild relations between the two sides, in hope for a compromising win-win situation.

Chinese and Taiwanese relations have been ascending over the past century.

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~ by Lan on 2008 FriUTC2009-02-20T18:02:22+00:00. 15.

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