Chinese Charge d' Affaires ad Interim to South Africa Zhou Yuxiao's Remarks on the Anti-Secession Law and Some Related Questions about Taiwan
【The Chinese Community in South Africa and some South African friends jointly held a Seminar hosted by the All Africa Association for Peaceful Reunification of China at Emperor's Palace, Johannesburg on August 10, 2006. The following is the key-note speech addressed by Mr. Zhou Yuxiao, Chinese Charge d' Affaires ad Interim to South Africa. 】
Mr. Chairman
Ladies and gentlemen,
It is indeed my great pleasure to be invited to attend the Seminar on the Anti-Secession Law. I would like take this opportunity to share my views with you on why the Chinese government formulated and enacted the Anti-Secession Law and explain to you some terminologies used in the above-mentioned Law.
The Anti-Secession Law literally meaning the Anti-Splitting the State Law is a law of the People's Republic of China. It was unanimously passed at third Session of the 10th National People's Conference of the People's Republic of China. It was ratified on March 14, 2005 and went into effect immediately.
First of all, let me brief you on the contents of the Anti-Secession Law
The Anti-Secession Law is composed of ten articles.
Article one states that the aim of the law is to stop the Taiwanese independence movement from splitting the country, and promote reunification. Stabilizing the Taiwan Straits, protecting the interests of the whole Chinese people are also purposes of the law.
Articles two to four outlines the Chinese government's view of the present political status of Taiwan. It holds that the Mainland and Taiwan belong to one China, there is only one China and that the sovereignty of China is indivisible; the "Taiwan issue" is a residual problem of the Chinese civil war and is an internal affair of China.
Article five maintains that the one-China principle is the basis for resolution of the issue, and that the State must seek all possibilities of peaceful reunification. The same section also states that, following peaceful reunification, Taiwan will enjoy a high level of autonomy and operate under a system different from that of the mainland.
Article six deals with cross-strait relations. It states that in order to maintain peace and stability in the Taiwan straits and to foster cross-strait relations, the State should (1) encourage people-to-people contact to foster closer relations and understanding (2) encourage cross strait economic exchanges (3) encourage scientific and cultural exchanges (4) joint efforts to fight crime and (5) encourage efforts to maintain peace and stability in the Taiwan Straits.
Article seven deals with cross-strait negotiation. It states that the State shall support negotiations and consultations on both sides of the straits with equal status, with different modalities, and in differing stages. The topics of such talks can include (1) ending the states of hostilities across the straits (2) developing rules for cross strait relations (3) the means of promoting unification (4) the political status of the Taiwanese authorities, (5) appropriate means by which Taiwan can participate in international organizations, and (6) any other issues relating to unification.
Article eight deals with non-peaceful action. It states that the State shall use non-peaceful and other necessary means under these alternative conditions: (1) if "Taiwan Independence" secessionists, under whatever name and method, cause the fact of Taiwan's separation from the Mainland, (2) or if a major event occurs which would lead to Taiwan's separation from the Mainland, (3) or if all possibilities of peaceful unification is exhausted completely.
Article nine states that, in the planning and implementation of "non-peaceful and other necessary actions", the State must as much as possible act to protect the persons and property of Taiwanese civilians and foreigners in Taiwan, and to minimize their losses. The State must also protect Taiwanese interests in the PRC.
Article ten indicates the effective date of the promulgation of the Law.
Second, let me spend sometime to explain some concerned questions about Taiwan which may be of interest to the audience.
Why is Taiwan an inalienable part of China?
Taiwan has belonged to China since ancient times. The Chinese people were the earliest developers of Taiwan. The historical document "Seaboard Geographic Gazetteer" compiled 1,700 years ago gave an account of it. This was the world's earliest written account of Taiwan. From the 3rd to the 7th century, the State of Wu during the period of the Three Kingdoms and the Sui Dynasty sent many expeditions to Taiwan respectively, each totaling over 10,000 people. Since early 17th century the Chinese people began to step up the development of Taiwan. Started from the Yuan Dynasty (1206 AD - 1368 AD) the Chinese governments of different periods set up administrative bodies to exercise effective jurisdiction over Taiwan.
In mid 17th century, Dutch colonialists invaded and occupied Taiwan. National hero Zheng Chenggong expelled the Dutch colonialists in 1662 and recovered Taiwan. In 1895, owing to the defeat in the 1894-1895 Sino-Japanese War, the Qing government was forced to sign the unequal Treaty of Shimonoseki, ceding Taiwan and Penghu Islands to Japan. In July 1937, the Chinese people threw themselves into an all-out war of resistance against Japanese aggression. In its declaration of war against Japan, the Chinese government proclaimed the abrogation of all unequal treaties concluded with Japan and declared the recovery of Taiwan and Penghu Islands. In 1945, Japan declared surrender and unconditionally accepted the Potsdam Proclamation and the Cairo Declaration, and returned Taiwan to China. Thereupon, Taiwan was again incorporated into the territory of China and was put back under the jurisdiction of Chinese sovereignty.
Since 1949, for the reasons well known to all, Taiwan and the mainland of China have been in a state of temporary division, but this has not changed the fact the Taiwan is an inalienable part of China. There is only one China in the world and Taiwan is an inalienable part of China - this is the common understanding of the Chinese at home and abroad and is recognized by the vast majority of countries in the UN Organization and in the world.
What is called the Taiwan question, connotatively speaking, includes the following three aspects:
(1) The Taiwan question is a question left over by the civil war in China, and it is purely China's internal affair. On October 1, 1949, the People's Republic of China was founded and a group of military and political officials of the Kuomintang retreated to Taiwan after being defeated. With the support of the then U.S. administration, they set up a separate regime in Taiwan by the force of arms. So, the Taiwan question is first of all the question of the relationships between the Government of the People's Republic of China -- the sole legal government representing the entire Chinese people with the capital in Beijing - and the Taiwan authorities, and it should be resolved by the Chinese on both sides of the Taiwan Straits.
(2) The Taiwan question is a question of safeguarding state sovereignty and territorial integrity, defending national honour and opposing external interference. The U.S. government should strictly observe the principles enshrined in the three Sino-U.S. joint communiqués and thoroughly correct and stop various erroneous practices of making use the Taiwan question to interfere in China's internal affairs and obstruct the reunification of China.
(3) The Taiwan question is in essence a struggle between the forces for and against division, and between the forces for and against "Taiwan independence", and the focus is the struggle between one China and "two Chinas". The Chinese Government and people adhere to the principle of one China, resolutely oppose all schemes aimed at splitting the country and the nation, and resolutely oppose any attempts of creating "two Chinas", "one China and one Taiwan" or "Taiwan independence".
What are the basic contents of the policy of "peaceful reunification; one country, two systems"?
(1) Only one China. There is only one China in the world, and Taiwan is an inalienable part of China. The Chinese Government is firmly against any words or deeds designed to split China's sovereignty and territorial integrity. It opposes "two Chinas", "one China, one Taiwan", "one country, two governments" or any attempt or act that could lead to "independence of Taiwan". Taiwan's status as an inalienable part of China has long been established and cannot be changed. "Self determination" for Taiwan is out of the question.
(2) Co-existence of two systems. On the premise of one China, the mainland of China will practice the socialist system and Taiwan will maintain the capitalist system. The two systems will co-exist for a long time and develop side by side without one swallowing up the other. After reunification, Taiwan's current socio-economic system, its way of life and its economic and cultural ties with foreign countries can remain unchanged. Private property, houses, land, business ownership, legal inheritance and investments by overseas Chinese and foreigners on the island will all be protected by law.
(3) A high degree of autonomy. After reunification, Taiwan will become a special administrative region. Different from other provinces or regions of China, it will have its own administrative and legislative powers, an independent judiciary and the right of adjudication on the island. It may conclude commercial and cultural agreements with foreign countries and enjoy certain rights in foreign affairs. It will run its own party, political, military, economic, financial and cultural affairs. It may keep its military forces and the central government will not dispatch troops or administrative personnel to the island. On the other hand, representatives of the government of the special administrative region and those from different circles of Taiwan may be appointed to senior posts in the central government and participate in the running of national affairs.
(4) Peace negotiations. It is the common aspiration of the entire Chinese people to achieve reunification of the country by peaceful means through contacts and negotiations. People on both sides of the Straits are all Chinese. It would be a great tragedy for all if China's territorial integrity and sovereignty were to be split and its people were to be drawn into a fratricide.
How the international community recognized the fact that Taiwan belongs to China?
Taiwan is an inalienable part of China - this is not only a historical fact, but also recognized by the international community.
From 1895 to 1945, Taiwan and Penghu Islands were forcibly occupied by Japan. In July 1937, the Chinese people began to launch a war of resistance against Japanese aggression. As part of the world-wide struggle against Fascism, the war received extensive support from people all over the world. During the Second World War, China, the United, States, the Soviet Union, Great Britain, France and others formed an alliance to oppose the fascist Axis of Germany, Japan and Italy. The Cairo Declaration issued jointly by China, the United States and Great Britain on December 1, 1943 stated: "It is the purpose of the three great Allies that Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the First World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa [Taiwan] and the Pescadores [Penghu], shall be restored to China." The Potsdam Proclamation signed by China, the United States and Great Britain on July 26, 1945 and adhered to subsequently by the Soviet Union reiterated: "The terms of the Cairo Declaration shall be carried out."
On August 15, 1945, Japan declared surrender. The instrument of Japan's surrender stipulated that "Japan hereby accepts the provisions in the declaration issued by the heads of the Governments of the United States, China and Great Britain on July 26, 1945 at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics." On October 25, the ceremony for accepting Japan's surrender in Taiwan Province of the China War Theater of the Allied powers was held in Taipei. On the occasion the chief officer for accepting the surrender proclaimed on behalf of the Chinese government that from that day forward Taiwan and the Penghu Archipelago were again incorporated formally into the territory of China and that the territory, people and administration were placed under the sovereignty of China. Thereupon, Taiwan and Penghu were put back under the jurisdiction of Chinese sovereignty.
The People's Republic of China, founded in October 1949, is the only legitimate government of whole China. Up to now, it has established formal diplomatic relations with 163 countries. On October 25, 1971 the General Assembly of the United Nations Organization adopted resolution No. 2758 to recognize that "the Government of the People's Republic of China is the sole legal representative of China in the United Nations and the People's Republic of China is one of the permanent members of the Security Council" and restored "all the legitimate rights of the People's Republic of China in the United Nations". At the same time, the "representative" of the Taiwan authorities was expelled from the United Nations. The United Nations and the whole world have recognized that there is only one China in the world, Taiwan is an inalienable part of China and the government of the People's Republic of China is the sole legal government representing the whole of China.
What is the reason for saying, "Adherence to the principle of one China is the basis and premise for peaceful reunification"?
For many years, the exchanges between the two sides of the Taiwan Straits in the economic and cultural and other fields have been frequent, but the political stalemate has not been broken. The fundamental reason is that the Taiwan authorities have forsaken the principle of "one China", and created "two Chinas" or "one China, one Taiwan". In his talk President Jiang Zemin has laid emphasis on adherence to the principle of one China. This is exactly the crucial issue whether the relationships between the sides of the Straits can develop smoothly and whether the reunification can be realized. There may be different views and interpretations as to the political implications of "one China", but the most fundamental issue is that it is necessary to adhere to the proposition that there is only one China in the world, Taiwan is a part of China, China's sovereignty and territory can not be split, the Taiwan question is purely China's internal affair and China must be reunified. If one says on the one hand that he accepts Chinese reunification, but on the other hand energetically pushes for Taiwan's entry into the United Nations and for "dual recognition", it is in fact an attempt to split Taiwan from the Chinese territory.
The right approach to the realization of peaceful reunification of the two sides of the Taiwan Straits is, through exchanges, to promote understanding, establish mutual confidence and enter into political negotiations, and all this should take the strict adherence to the principle of one China as the basis and premise.
Under the principle of one China, all the questions appeared in the course of the exchanges between the two sides of the Straits can be settled through negotiation and the hostilities between the two sides can be formally brought to an end, and solutions to other issues of concern to the Taiwan authorities can be found, thus continuously developing the relationships between the two sides of the Straits to create conditions for the final realization of peaceful reunification. Otherwise, to forsake the principle of one China and create "two Chinas" or "one China, one Taiwan" will end up with Taiwan moving towards independence. Inevitably this will seriously aggravate the relationships between the two sides of the Straits, jeopardize the fundamental interests of the people on the two sides of the Straits and ruin the good prospects of peaceful reunification.
Why does the Chinese Government stand for the use of peaceful means in settling the Taiwan question but at the same time can not undertake to renounce the use of force?
Peaceful reunification is the set policy of the Chinese Government. To realize the reunification of the country by peaceful means is favorable to the great unity of the Chinese nation, to the social stability and economic development of Taiwan and to the rejuvenation and prosperity of the whole of China, and is the aspiration of the entire Chinese people.
The Chinese Government holds that adherence to peaceful reunification and non-commitment to renounce the use of force are supplementary to each other. If a commitment is made to completely renounce the use of force, it can only make peaceful reunification impossible and lead to the final settlement of the question by use of force. Non-commitment to renounce the use of force is by no means directed against the compatriots in Taiwan, but against schemes of the interference of foreign forces in the reunification of China and of "Taiwan independence".
To use what means to settle the Taiwan question is purely an internal affair of China. A sovereign country is entitled to take any means it deems necessary, including military means, to safeguard its sovereignty and territorial integrity. The Chinese Government is under no obligation to undertake any commitment to any foreign country or people intending to split China as to what means it might use for the settlement of the Taiwan question.
What is the basic position of the Chinese Government regarding the settlement of the Taiwan question?
The basic position of the Chinese Government regarding the settlement of the Taiwan question is "peaceful reunification; one country, two systems". To put it briefly, it is to realize the reunification of the country by peaceful means, and inside the reunified country, two different social systems -- socialism and capitalism - are allowed to co-exist. Socialist system will be practiced in the main part of China and the capitalist system will be practiced in Taiwan, Hong Kong and Macao areas. The two different social systems will co-exist peacefully for a long time without one swallowing up the other.
Last, let me explain why was the Law promulgated?
In recent years, the activities of secessionists in the name of "Taiwan Independence" have become the largest obstacle to the development the relationship across the straits and for peaceful reunification, as well as the most serious threat to peace and stability across the Taiwan Straits.
In order to oppose the Taiwan secessionists, promote the peaceful reunification of China, safeguard the China's sovereignty and territorial integrity and maintain the fundamental interests of the Chinese nation, it is extremely necessary and very timely to enact the Anti-Secession Law. The law legalized the policies on Taiwan, which is also the basic requirement to govern the country by law.
The new law, upholding territorial integrity and national unity, will help mobilize Chinese citizens, including Taiwan patriots, to push for peaceful reunification as well as help maintain peace and stability across the Taiwan Straits and the whole Asia-Pacific region.
It reflects the Chinese mainland's sincere intention to pursue peaceful reunification, and at the same time demonstrates that any attempts to separate Taiwan from China will never be allowed.
In conclusion, the Anti-Secession law is by no means a war law against Taiwan compatriots as so called, instead, is a peace law and a reunification law. I fully believe that this Law will play an important role in pushing onward the positive interactions across the straits, curbing the attempts to separate the country by Taiwan Independence secessionists and realizing the reunification of China.
Thank you for your patience and attention.
