20120331 PRC’s strategy starting to bear fruit
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PRC’s strategy starting to bear fruit

By Chen Rong-jye 陳榮傑

The Chinese Nationalist Party (KMT) and the Chinese Communist Party (CCP) have once again been collaborating on secret plans for Taiwan’s future. However, the two parties’ attempts to define Taiwan and China as “one country, two areas (一國兩區)” have caused an uproar in Taiwan.

In response, the Presidential Office has made an announcement that the complete formula should be “two areas under the Republic of China [ROC]” and that the “mainland area” is “another part of the ROC, in addition to the Taiwan area.”

It also stressed that the “two areas” comment made by former KMT chairman Wu Poh-hsiung (吳伯雄) is in compliance with the Constitution.

From the perspective of procedural justice, it is unacceptable for the CCP and KMT to get together and define the nation. That requires a constitutional procedure and domestic consensus.

The lesson of Chinese and world history is that the dictatorial attitude with which the government is handling cross-strait political issues is certain to plant the seeds of future unrest in Taiwan.

What does “one country, two areas” mean in practical terms? Does it really mean “two areas under the Republic of China” as the Presidential Office claims? Is that what the Additional Articles of the Constitution of the Republic of China (中華民國憲法增修條文) imply?

In addition, what did Chinese President Hu Jintao (胡錦濤) mean when he said that Wu’s formula conformed to current regulations on both sides of the Taiwan Strait?

An emissary is supposed to be faithful to the intentions of those whom he represents, but in this case the things Wu said seem to have strayed somewhat from the intent of those who sent him, to the extent that they now feel it necessary to present a “complete” version of his statement.

What is really going on here? Where exactly is this so-called other part of the ROC, in addition to the Taiwan area?

The Additional Articles of the Constitution were first promulgated in May 1991 and they have been amended a few times since then. Seen in the context of the time, the purpose of Article 11 is to provide a legal basis for handling issues arising from exchanges between the people on either side of the Taiwan Strait. According to the wording of the article, it is intended to regulate “the people” of the “free area” and the “mainland area.”

The Additional Articles provided the basis for the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例). As Article 1 of this act clearly states, it was enacted for the purpose of “regulating dealings between the peoples of the Taiwan Area and the Mainland Area, and handling legal matters arising therefrom.”

The Additional Articles and the cross-strait relations act are not constitutional legislation concerned with the definition of the nation, and they should not be used as political tools by interpreting them at will and stretching their definition with no limit.

As long ago as 1982, China, in order to facilitate the “return” of Hong Kong and Taiwan to the “motherland,” incorporated Article 31 into its constitution, which reads as follows: “The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by laws enacted by the National People’s Congress in the light of the specific conditions.”

Now we see why Hu pointedly said that “one country, two areas” was a reality that complied with the existing regulations on both sides of the Taiwan Strait.

For Hu, the existing regulation that defines “one country, two areas” is the one that refers to “special administrative regions.” Specifically, China’s view is that “Taiwan and the mainland both belong to one China” and there is “one People’s Republic of China [PRC] and one Taiwan special administrative region.”

Some Taiwanese media and academics have mistaken this sugarcoated poison pill for a nourishing tonic. They approve of what Hu said, believing it to show that China recognizes the existing regulations of the two sides, and that “the existing regulations” refers to the PRC and ROC constitutions.

However, when Xinhua news agency and other official media reported on the meeting between Wu and Hu, they ignored most of what was said. Instead, they reported only the “essence” of the meeting, such as mention of “adhering to one China” and Wu’s statement that relations between Taiwan and “the mainland” were not state-to-state relations.

In recent times, President Ma Ying-jeou (馬英九) has come up with proposals for a cross-strait peace agreement and now “one country, two areas.” He keeps chopping and changing, but clearly his policies are not backed up with too much thought. All the signs indicate that he is anxious to get something done.

There can be no doubt that China’s strategy on negotiations with Taiwan has started to produce the desired results.

Chen Rong-jye is a former secretary-general of the Straits Exchange Foundation.

Translated by Perry Svensson and Julian Clegg

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