Letter of Protest to the US Government on its Diplomatic Stance over the Raising of ROC Flag at the Twin Oaks Estate
http://goo.gl/forms/GispCHG7fHJanuary 8, 2015
Recently, the communist regime in China protested to the United States over the Taipei Economic and Cultural Representative Office’s raising of the Republic of China’s national flag at the Twin Oaks Estate in Washington, DC, and the US State Department subsequently expressed strong reactions to Taipei, condemning the flag raising incident for violation of the One-China Policy of the US and the long-standing understanding on the unofficial relationship between Taiwan and the US.
We, a group of mainland Chinese with no government ties, hereby protest the US government’s handling of the flag-raising incident!
We believe the “One China” is the Republic of China. The US government’s suppression of the ROC national flag reflected its disregard of the legitimacy of the ROC government and violated international laws and US laws.
It is well known that the internationally recognized territories of China are separated into two political regions—the free one with a democratic government – the Republic of China and an authoritarian one with a communist regime – the People's Republic of China. Among them, the ROC government, prior to 1949, had governed the vast majority of the Chinese territories, led China to glorious victory in the Second World War, adopted a democratic constitution that satisfied the common standards of democracy and protected the human rights, and subsequently carried out democratic elections, obtaining popular legitimacy that is indispensable for a modern democracy. Unfortunately, the rebellion of the Chinese Communist Party have reduced the territories governed by Republic of China’s government to Taiwan and a few other islands, and resulted in many years of martial law in the ROC territories. However, even under the martial law, the people in territories governed by the ROC government still enjoyed much more freedom than those ruled by the communist regime of the PRC. After martial law was lifted, the democratic constitution was once again fully implemented, and the ROC government obtained mandate from the people of its effectively governed territories, achieved peaceful alternations of the governing party, and strengthened the democratic institutions. On the contrary, ever since CCP took control of the mainland of China through rebellion, the regime has been a totalitarian one for over 60 years, which has been ruthlessly violating the human rights, never been democratic, and still denounces constitutionalism. Therefore, we consider the ROC government as the only legitimate government for all the territories of China, whereas the communist regime of PRC is just a band of soviet-originated bandits that rules the mainland of China with brute force.
The US government has diplomatically recognized the communist regime in mainland China on grounds of international politics and US interests, and severed its diplomatic ties with the ROC government as coerced by the communist regime. We have no choice but to accept this fact. At the same time, we must remind the US government that according to the US Congress, the “One-China Policy” concerning Taiwan shall maintain some ambiguity, and Washington, Taipei, and Beijing all have different interpretations of this policy. In other words, the United States recognizes neither the Chinese communist regime’s claims over Taiwan nor Taiwan as a sovereign country. However, the United States has never treated Taiwan as the same as the Republic of China, never explicitly stated “the One China is the People’s Republic of China”, and been rather vague on whether “the One China is the Republic of China.”
After the Chinese communist regime was established in 1949, in the telegram of the first country recognizing the “People’s Republic of China,” the Soviet Union, it was explicitly stated what was being recognized was a new government and not a new country. Since then, most countries and governments recognized the “People’s Republic of China.” In their diplomatic telegraphs declaring the recognitions, some used the language of “legal recognition”, some declared “recognition of the People’s Republic of China as the legitimate government”. The so-called “legal recognition” simply means a recognition of a government as the country’s legal government and does not mean that the Republic of China shall be replaced by the “People’s Republic of China” in the sense of international law, except for the communist regime’s internal propaganda. The communist regime has attempted to portrait the “People’s Republic of China” as the successor of the still-existing Republic of China instead of a new state under international law. This is just the lowly regime’s shameless attempt to take over the highly respected international status of the Republic of China, using the term “China” to blur the difference between the two.
One of the strongest pivots of the claim that “the One China is the People’s Republic of China” is the Resolution 2758 of the United Nations General Assembly. However, as well known to scholars of international law, resolutions passed by the UN General Assembly are internal resolutions and not origins of international law, and hence are not legally binding. This means countries are not compelled to follow the resolutions, regardless of how they voted in the UN General Assembly. Sovereignty of a nation never has to be determined by the UN General Assembly. States and Sovereignties are not under UN's jurisdiction. Mr. Chiang Kai-Shek’s decision to withdraw the Republic of China from the UN has no effect whatsoever on the existence of the Republic of China and the integrity of its sovereignty. UN General Assembly Resolution 2758 didn’t produce a succession of states and not even had the effect of government succession in the sense of international law, because this is not what an internal resolution of the UN General Assembly can resolve.
The Joint Communiqué on the Establishment of Diplomatic Relations between the United States and the People's Republic of China was just a diplomatic policy of the US and not a bilateral treaty, and was only signed by the White House without ratification by the US Congress. A group of people in mainland China are planning on retaining legal counsel in the US to petition the US Congress for overturning the Joint Communiqué, to call for a constitutional review, or to litigate in an US federal court against the White House.
We believe western countries have staked their diplomatic policy toward China on the communist regime’s “reform.” However, the “reform” is a scam, through which the regime has transferred China’s national wealth into the hands of a few hundred families of privileges and then out of China, leaving ruins to the Chinese people. We urge western countries to set up an alternative in advance by helping to expand the Republic of China’s space in the international arena, and to get ready for the Chinese people’s glorious restoration the Republic of China in the mainland and democratic unification of the Republic of China over all Chinese lands.
Issued by: Working Council for Restoring ROC in Mainland
On behalf of many supporters in mainland China and throughout the world
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