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Tuesday, April 7, 2009

The Universal Declaration of Human Rights and the US policy towards Taiwan

What do the following articles in the Universal Declaration of Human Rights mean?

  •          when the officials in the US State Department stated that Taiwan is not a country.
  •          when they stated that ROC is not a country (implying that ROC is history now)
  •          when they stated that Taiwan is a country with undetermined status

http://www.un.org/Overview/rights.html#a15

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

http://www.un.org/Overview/rights.html#a30

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Referring to the three US statements about what Taiwan is or is not, one can draw the following points:

  •          If Taiwan is not yet a country in the eyes of the US executive branch (USEB), then Taiwanese need to form a country, but the USEB also has a policy towards Taiwan that says “We do not support Taiwan independence (any move towards Taiwan being an independent state will not be supported), so the US do not support Taiwanese to have their rights to a nationality of Taiwan.  What rights are guaranteed under article 15 when a popular option in Taiwan is already excluded by the US policy?
  •        If ROC is not a country, then obviously the people of Taiwan currently carry a wrong passport because only if the ROC is a country, then it can issue a passport.  Why do US recognize the ROC passport if ROC is not a country?  What rights guaranteed under article 15 are infringed when the agency (ROC) of Allied Forces is allowed (and supported by US) to extend its stay permanently on a land of its refuge while on exile status and to unilaterally impose the ROC nationality to the local residents?  Why should ROC continue its administration on Taiwan if ROC is not a country?
  •          If Taiwan is a country that must continue its indefinite undetermined status according to the policy of the USEB and if Taiwan must not be allowed to join any international organizations which require statehood, then it (indefinite undetermined status) implies that Taiwanese must continue to live as stateless people and continue to have no rights to a nationality and therefore no place in the international organizations.  Taiwanese are also deprived of their rights to change nationality (currently mislabeled as ROC citizen and therefore got tangled-up with the aftermath of the Chinese Civil War).  What do article 15 and 30 mean to the USEB and the leaders of western countries?

The most important objective in the Taiwan Relations Act is the part that relates to providing (selling to) Taiwan with defensive weapons to protect itself from China’s attack.  Even though weapon sales can help Taiwan defend itself from China’s aggression, but weapon build-up on either side of the Taiwan Strait does not in essence promote peace in the region, it actually increases the tension.

Therefore, the correct strategy is for the US and all the other peace-loving nations to ask the aggressor, the PRC, to withdraw missiles aimed at Taiwan, and firmly carry out a policy in accordance with the Universal Declaration of Human Rights.  Past mistakes of the USEB must be corrected if they claim to be a country respecting human rights proclaimed by the UN.

A referendum on Taiwan’s populace is the only proper measure to solve Taiwan’s status in conformity with the Universal Declaration of Human Rights.

Currently who is breaking the rights guaranteed under the Universal Declaration of Human Rights?  Are Taiwanese part of the global community or are they aliens?

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