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Former president Chen Shui-bian tossed another rhetorical grenade into Taiwanpublic opinion earlier this week by supporting a controversial claim that the UnitedStates is the "occupying power" of Taiwan and wanted U.S. President Barack HusseinObama to clarify Taiwan's status in a U.S. military court.Although pro-Kuomintang media claimed that Chen wanted U.S. courts to takeresponsibility for his legal cases, the former president's office openly expressed anger over this "slanderous distortion" and declared that his action had "absolutely nothingto do with the Chen cases."Instead, the former president's office emphasized that Chen's endorsement for alawsuit being filed against the U.S. government by Roger Lin and Richard Hartzell of the "Formosa Nation Legal Strategy Association" the suit against the U.S, government"was limited to a personal statement of endorsement and a legal affidavit by 'former president of the Republic of China in exile Chen Shui-bian' in support of their "petitionfor a writ of certiorari" to compel Obama to testify in U.S. court.The statement stressed that Chen's action aimed to "highlight the issue of Taiwan'snational sovereignty status and urge Taiwan society to abandon the illusory 'ROC'orthodox legal system" and emphasized that the former president did not support or any attempt by the Lin-Hartzell group to use his name to solicit contributions for their cause.Chen's decision stunned many sympathizers, some of whom speculated that theTaipei District Court under Justice Tsai Shou-hsun's decision to impose anunreasonably lengthy 302-day long "preventative detention" had affected his political judgement.The reason for the surprise is that the Lin-Hartzell crusade is marginal even within the"deep green" community of strident advocates of rapid moves toward "legal" (de jure)Taiwan independence.The Lin-Hartzell campaign is based on the assumption that the U.S. governmentremains the legal "occupying power" over Taiwan after the defeat of Japan, which had
 
Sovereignty is in hands of Taiwan's people
Taiwan NewsPage 9
2009-09-25 12:00 AM
http://www.etaiwannews.com/etn/print.php
 
exercised colonial rule over Taiwan from 1895 to 1945, and that the KMTgovernment's takeover of the island territory was illegal since it was only authorized toaccept the surrender of Japanese forces.The implication that Washington has the right to decide Taiwan's fate may be music tothe ears of nutcases who nurse quixotic hopes that Taiwan may become a 51st state,but is scarcely less anathema to partisans of the Taiwan democratic movement thanthe claim by the Chinese Communist Party that Taiwan belongs to the People'sRepublic of China.The reason is that the Lin-Hartzell claim negates the decades of sacrifice and effort bythe Taiwan people and the Taiwan democratic movement, including the efforts of Chen's former Democratic Progressive Party, to secure the right of our 23 millionpeople for democratic self-determination.Not surprisingly, DPP spokespersons promptly affirmed that the party's position onTaiwan's status remains the same as reflected in the landmark May 1999 "Resolutionon the Future of Taiwan."That position is simply that, after decades of effort by the Taiwan people forced theKMT to accept political reform and hold general elections of the national legislature inDecember 1992 and the March 1996 direct presidential election, Taiwan has becomea democratic and independent country even if its formal constitutional name remainsthe "Republic of China."Moreover, the DPP maintains that "Taiwan is a sovereign and independent countryand any change in the independent status quo must be decided by all the residents of Taiwan by means of plebiscite."This position is based on the legal and substantive fact that all of Taiwan'sgovernment is now fully elected by its 23 million citizens and no one else and reflectsthe principle of "popular (i.e., people's) sovereignty" which underlies the reality of Taiwan's substantive independence.This position also affirms the right of self-determination of the Taiwan people under the International Covenant of Civil and Political Rights, which the KMT governmentunder President Ma Ying-jeou has promulgated.Securing international recognition for Taiwan's actual independence can neither besecured by claiming that Taiwan should be under U.S. occupation or by beggingBeijing to "permit" participation in international organizations in which our 23 millionpeople have the right to participate.It is ironic that the former KMT authoritarian regime's justification of imposing martiallaw rule in Taiwan because it was the sole rightful ruler of "China," the Lin-Hartzellclaim that Taiwan is legally an "occupied territory" of the U.S. or the shared KMT andCCP belief that "the people on both sides of the Taiwan Strait belong to the Chineserace" share a common mentality underneath their legalistic, political or even racialist
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