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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