Sunday, March 19, 2017

Political and legal status

Political and legal status

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The political and legal statuses of Taiwan are contentious issues. The People's Republic of China (PRC) claims that the Republic of China government is illegitimate, referring to it as the "Taiwan Authority". The ROC, however, with its own constitution, independently elected president and armed forces, continues to view itself as a the sole representative of China. The territory being controlled by the state has never been controlled by the PRC.[99][100] Internationally, there is controversy on whether the ROC still exists as a state or a defunct state per international law due to the lack of wide diplomatic recognition. In a poll of Taiwanese aged 20 and older taken by TVBS in March 2009, a majority of 64% opted for the status quo, while 19% favoured independence and 5% favoured "unification".[101]

Relations with the PRC

The political environment is complicated by the potential for military conflict should Taiwan make overt actions toward de jure independence; it is the official PRC policy to use force to ensure reunification if peaceful reunification is no longer possible, as stated in its anti-secession law, and for this reason there are substantial military installations on the Fujian coast.[102][103] However, in recent years, the PRC has moved towards promoting peaceful relations, including stronger economic ties,[104] with the current ROC government aimed at unification through the one country, two systems formula or maintaining the status quo under the 1992 Consensus.[105][106][107]
On 29 April 2005, Kuomintang Chairman Lien Chan travelled to Beijing and met with Communist Party of China (CPC) Secretary-General Hu Jintao,[108] the first meeting between the leaders of the two parties since the end of the Chinese Civil War in 1949. On 11 February 2014, Mainland Affairs Council Head Wang Yu-chi travelled to Nanjing and met with Taiwan Affairs Office Head Zhang Zhijun, the first meeting between high-ranking officials from either side.[109] Zhang paid a reciprocal visit to Taiwan and met Wang on 25 June 2014, making Zhang the first minister-level PRC official to ever visit Taiwan.[110] On 7 November 2015, Ma Ying-jeou (in his capacity as Leader of Taiwan) and Xi Jinping (in his capacity as Leader of Mainland China) travelled to Singapore and met up,[111] marking the highest-level exchange between the two sides since 1949.
The PRC supports a version of the One-China policy, which states that Taiwan and mainland China are both part of China, and that the PRC is the only legitimate government of China. It uses this policy to prevent the international recognition of the ROC as an independent sovereign state, meaning that Taiwan participates in international forums under the name "Chinese Taipei". With the emergence of the Taiwanese independence movement, the name "Taiwan" has been employed increasingly often on the island.[112]

Foreign relations

A map of the world showing countries which have relations with the Republic of China. Only a few small countries officially recognize the government of Taiwan, mainly in Central America, South America and Africa.
Countries maintaining relations with the ROC
  diplomatic relations and embassy in Taipei
  unofficial relations (see text)
Protests against the Iraq War in Taipei, 15 February 2003
Before 1928, the foreign policy of Republican China was complicated by a lack of internal unity—competing centres of power all claimed legitimacy. This situation changed after the defeat of the Peiyang Government by the Kuomintang, which led to widespread diplomatic recognition of the Republic of China.[113]
After the KMT's retreat to Taiwan, most countries, notably the countries in the Western Bloc, continued to maintain relations with the ROC. Due to diplomatic pressure, recognition gradually eroded and many countries switched recognition to the PRC in the 1970s. UN Resolution 2758 (25 October 1971) recognized the People's Republic of China as China's sole representative in the United Nations.[114]
The PRC refuses to have diplomatic relations with any nation that recognizes the ROC, and requires all nations with which it has diplomatic relations to make a statement recognizing its claims to Taiwan.[115] As a result, only 20 UN member states and the Holy See maintain official diplomatic relations with the Republic of China. The ROC maintains unofficial relations with most countries via de facto embassies and consulates called Taipei Economic and Cultural Representative Offices (TECRO), with branch offices called "Taipei Economic and Cultural Offices" (TECO). Both TECRO and TECO are "unofficial commercial entities" of the ROC in charge of maintaining diplomatic relations, providing consular services (i.e. visa applications), and serving the national interests of the ROC in other countries.[116]
The United States remains one of the main allies of the country and, through the Taiwan Relations Act passed in 1979, has continued selling arms and providing military training to the Armed Forces.[117] This situation continues to be an issue for the People's Republic of China which considers US involvement disruptive to the stability of the region. In January 2010, the Obama administration announced its intention to sell $6.4 billion worth of military hardware to Taiwan. As a consequence, the PRC threatened the US with economic sanctions and warned that their co-operation on international and regional issues could suffer.[118]
The official position of the United States is that the PRC is expected to "use no force or threat[en] to use force against Taiwan" and the ROC is to "exercise prudence in managing all aspects of Cross-Strait relations." Both are to refrain from performing actions or espousing statements "that would unilaterally alter Taiwan's status."[119]
On 16 December 2015, the Obama administration announced a deal to sell $1.83 billion worth of arms to the armed forces of the ROC.[120][121] China's foreign ministry had expressed its disapproval for the sales and issued the US a "stern warning", saying it would hurt China–US relations.[122]

Participation in international events and organizations

The ROC was a founding member of the United Nations, and held the seat of China on the Security Council and other UN bodies until 1971, when it was expelled by Resolution 2758 and replaced in all UN organs with the PRC. Each year since 1992, the ROC has petitioned the UN for entry, but its applications have not made it past committee.[123]
A white symbol in shape of a five petal flower ringed by a blue and a red line. In its centre stands a circular symbol depicting a white sun on a blue background. The five Olympic circles (blue, yellow, black, green and red) stand below it.
The flag used by Taiwan at the Olympic Games, where it competes as "Chinese Taipei" (中華台北).
Due to its limited international recognition, the Republic of China is a member of the Unrepresented Nations and Peoples Organization, represented by a government-funded organization, the Taiwan Foundation for Democracy (TFD) under the name "Taiwan".[124][125]
Also due to its One China policy, the PRC only participates in international organizations where the ROC is not recognized as a sovereign country. Most member states, including the United States, do not wish to discuss the issue of the ROC's political status for fear of souring diplomatic ties with the PRC.[126] However, both the US and Japan publicly support the ROC's bid for membership in the World Health Organization as an observer.[127] However, though the ROC has sought to participate in the WHO since 1997,[128][129] their efforts have consistently been blocked by the PRC, until 2010, when they were invited as observers to attend the World Health Assembly, under the name "Chinese Taipei".[130]
Due to PRC pressure, the ROC is forced to use the name "Chinese Taipei" in international events, such as the Olympic Games, where the PRC is also a party.[131] The ROC is typically barred from using its national anthem and national flag in international events due to PRC pressure; ROC spectators attending events such as the Olympics are often barred from bringing ROC flags into venues.[132] The ROC is able to participate as "China" in organizations that the PRC does not participate in, such as the World Organization of the Scout Movement.

Opinions within Taiwan

Within Taiwan, opinions are polarized between those supporting unification, represented by the Pan-Blue Coalition of parties, and those supporting independence, represented by the Pan-Green Coalition.
The KMT, the largest Pan-Blue party, supports the status quo for the indefinite future with a stated ultimate goal of unification. However, it does not support unification in the short term with the PRC as such a prospect would be unacceptable to most of its members and the public.[133] Ma Ying-jeou, chairman of the KMT and former president of the ROC, has set out democracy, economic development to a level near that of Taiwan, and equitable wealth distribution as the conditions that the PRC must fulfill for reunification to occur.[134]
The Democratic Progressive Party, the largest Pan-Green party, officially seeks independence, but in practice also supports the status quo because its members and the public would not accept the risk of provoking the PRC.[135][136]
On 2 September 2008, Mexican newspaper El Sol de México asked President Ma about his views on the subject of "two Chinas" and if there was a solution for the sovereignty issues between the two. The president replied that the relations are neither between two Chinas nor two states. It is a special relationship. Further, he stated that the sovereignty issues between the two cannot be resolved at present, but he quoted the "1992 Consensus", currently accepted by both the Kuomintang and the Communist Party of China, as a temporary measure until a solution becomes available.[137]
The relationship with the PRC and the related issues of Taiwanese independence and Chinese reunification continue to dominate politics.[138]

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