Article 20 of 20
“America and China’s tumultuous relationship over the past sixty years has trapped the inhabitants of Taiwan in political purgatory. During this time the people on Taiwan have lived without any uniformly recognized government. In practical terms, this means they have uncertain status in the world community which infects
Signing of the San Francisco Peace Treaty made U.S.A. the "principal occupying Power" over Taiwan WikiCommons photo
the population’s day-to-day lives. This pervasive ambiguity has driven Appellants to try to concretely define their national identity and personal rights.”
Thus opened an 11-page decision of the District of Columbia U.S. Court of Appeals last year in the case Roger C.S. Lin, et al vs. United States of America. Judge Janice Rogers Brown authored the opinion of the federal appellate court in a case that sought use of United States passports for the residents of Taiwan until its international status can be resolved.
The court noted that the United States was named the “principal occupying Power” of Taiwan by the San Francisco Peace Treaty [SFPT] that officially ended World War II between the United States and Japan. However, sovereignty of the island was deliberately left undetermined and resulted in “decades of ‘strategic ambiguity’ with respect to sovereignty over Taiwan.”
Sympathetic that the court was with the plight of the Taiwanese people the court decided the issue was a “political question” and was outside of the court’s jurisdiction. Judge Brown referred the matter to President Barack Obama to resolve.
“:Once the Executive determines Taiwan’s sovereign, we can decide Appellants’ resulting status and concomitant rights expeditiously….But for many years–indeed, as Appellants admit, since the signing of the SFPT itself–the Executive has gone out of its way to avoid making that determination, creating an information deficit for determining the status of the people on Taiwan.”
Judge Brown explained the decision over Taiwan’s sovereignty was not the court’s to make because, in part, the court lacked “war powers”.
It was those same “war powers” that put Taiwan in its untenable situation today. On October 15, 1945, the U.S. Navy landed Republic of China troops commanded by Chiang Kai-shek on Taiwan to process surrendering Japanese soldiers. Then, ignoring its ongoing responsibility over occupied Taiwan, the United States permitted Chiang’s Kuomintang forces to pillage the island.
When the 228 Massacre began on February 28, 1947, following an uprising by the Taiwanese people, the United States did not intervene to protect the occupied population of Taiwan.
The United States did nothing as “principal occupying Power” to stop the Chinese from imposing their language on the Japanese-speaking population.
The United States did nothing as “principal occupying Power” to prevent the forced conscription of Taiwanese into the ROC military forces.
The United States did nothing as “principal occupying Power” to prevent or stop the White Terror inflicted on Taiwan by Chiang Kai-shek.
The United States did nothing as “principal occupying Power” to end four decades of cruel and harsh martial law that the ROC imposed on the people of Taiwan.
The United States, with its military power, imposed a Chinese regime on Taiwan and then deprived the islanders of self-determination of their own future.
When asked about the United States role as “principal occupying Power” the Department of Defense responds by ignoring the San Francisco Peace Treaty. “U.S. relations with Taiwan are governed by three things, the “one China” policy, the three Communiqués, and the Taiwan Relations Act.”
When asked about the United States role as “principal occupying Power” the Department of State responds, “Taiwan has never been under U.S. military control.”
John Hsieh of the Taiwan Civil Rights Litigation Organization recently held a news conference in San Francisco noting the anniversary of the San Francisco Peace Treaty. Hsieh asked the United States to honor its treaty obligations to the people of Taiwan and says that while Taiwan has not been under direct U.S. military control, the United States still holds the “remote key” to Taiwan’s sovereignty.
Now threatened with invasion from the People’s Republic of China and still under the yoke of the Republic of China in-exile, the people of Taiwan are denied self-determination and remain trapped in political purgatory,
For further information on Taiwan’s political purgatory: http://www.examiner.com/Taiwan
Please note that all 20 sections of this excellent piece will be in the Eye On Taiwan archives soon. In the meantime they are still available online at http://www.examiner.com/Taiwan
