"Taiwan applies for UN membership"

I've not written about politics for a while, partly because I've had so much other things to do, but this is one issue that really gets to me.

It may be boring, but this is something I'm been reading and writing about since I was young:
the issue of Taiwan! I was born there, and even though I only lived there a few years, I still few somewhat connected to that country. Basically, despite the fact it's a fully functioning country in every way possible, it is not recognised by most states in the world as a state. So it is not allowed to join the UN or any international organisation in which Statehood is a requirement.
A gross violation of international law and denial of the rights of the people of Taiwan to representation and security.

The following are things I wrote a few days ago and published elsewhere:

You may or may not (probably the latter) have seen this headline on BBC News a few days ago.

Poor little Taiwan knocking at the doors of the UN once again, and most certainly will be turned away and ignored like the international pariah it is. It's not the first time, and definitely will not be the last. With China wielding the veto power on the Security Council, and insisting that Taiwan is "an inalienable part of the motherland", chances of China ever approving Taiwan's membership is less than nihil.

By any objective standard, Taiwan is a sovereign and independent State, with a properly functioning government, 23 million inhabitants, identifiable territory, and also has the ability to engage in international relations. It is probably the most democratic and politically stable country in Asia, supported by a thriving economy and society. But, alas, it is openly shunned by the rest of the world like the plague, all because of China's propaganda and war mongering.

There are States ripped by turmoil and in which the government have ceased to exist, but they are still part of the family of States and recognised as such. Then there are oppressively authoritarian States that trample on basic human rights and intimidate its own population, but they are part of the UN. And then there are those 'evil' rogue States that flagrantly disregard international law, and even braver others that cause despicable humanitarian tragedies, and yes, they too are part of the UN. Taiwan is none of the above, but cannot even take part in the most basic international conference on matters of universal concern, like human health or the environment, because it is not recognised as a State. The irony.

One reason I study law because I was fascinated with its ability to defend the weak and restrain the strong in a world too often corrupted by the dictates of power and politics. Law’s power lies in its ability to speak back to power. Law’s authority lies in its, certainty, coherence and objectivity; in its ability to be blind and dispense justice on the scales of common morality and in the defence of human dignity.

Or at least in theory. And no where else is it more evident in the international arena. All States are equal, they say, but some more so than others. That is, if you are recognised as a State. If you are not, you are alone and isolated in this so-called international community that preaches equality, justice and universalism, but cowers in the face of hegemony and bullying tactics. Such is the sorry state of the world today.

Below is an excerpt from a paper I wrote at SOAS about the issue of recognition of States under public international law, with a special focus on the question of recognition of Taiwan:

That the proposed idea of recognition of statehood has moved from a constitutive to a declaratory view should, in the light of the Taiwan experience, be reassessed. Taiwan proves the effectiveness, legitimacy or even pragmatic tests for statehood are irrelevant. Instead, the current international order is dominated by an oligopoly of powerful states who can dictate, like the European colonial powers in the 19th Century did, who is allowed to belong and what is to be deemed a state, according to their interests and convenience.

International law revolves around states. A state may exist, and may be able and willing to shoulder all the rights and duties bound on members of the community of states, but the ultimate test of full subject-status under international law rests on its recognition by existing (superpower) states. The situation surrounding Taiwan's statehood offers an interesting overlap between the dominant realities of the ability of international politics to dictate international law, and the idealistic norms underpinned by human rights and peace that international law aims to pursue despite inhibitions from international politics.

Recognition is not a legal obligation, therefore it is often hijacked by political interests and objectively granted or withdrawn to serve certain, mostly that of big powers', status quos and realities. Taiwan’s relationship with its international counterparts is "fraught with ellipsis, indirect statements, and hidden meanings" . Though the international community has argued that the issue of Taiwan and its legal status should be up to China and Taiwan to decide, the nature of the question in straddling so many issues of international rights and duties and the potential impacts on world peace and stability, makes the issue one that is of the international community's concern and need for mediation.

The recognition of statehood is of great importance, because the existence or the lack of such recognition will dictate whether the candidate is deserving of the full protection, privileges and entitlements available in this state-centric world, regardless of whether that world is viewed through legal or political lenses. Exactly because recognition is such an important aspect of existence in the international community, it is also the most controversial, and one in which law and politics often intertwine.

And today I wrote this, after the UN rejected Taiwan's application for membership... again!

A letter was filed by President Chen Shui-bian of Taiwan on the 19th of July, directed at UN Secretary-General Ban Ki Moon. In it, Chen formally applied for Taiwan’s UN membership in accordance with the rules and procedure as laid out under the Charter.

Five days later, President Chen’s letter is returned by the UN Office of Legal Affairs, and the application for membership outrightly rejected. A short statement was issued, rejecting the application. I tried to find the original statement, but it is no where to be found, and believe me I’ve searched in all over the UN website. Like the complete and utter denial of its existence in the world, no hits contain the word ‘Taiwan’.

So, according to news reports, the application for membership was rejected on the basis of GA Resolution 2758 (XXVI), entitled ‘Restoration of the lawful rights of the People’s Republic of China in the United Nations’. That resolution was adopted in 1971, after the UN decided that:

“to restore all its rights to the People's Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it”.

Here is the joke behind this resolution.

When the UN was established, the war-ally and Chinese dictator Chiang Kai-Shek was allowed to sit alongside the big powers and take China’s seat in the organisation. Years before, his regime fled China to take refuge in Taiwan when the Communists triumphed and took control of China. Cold War politics, and unquestioning US support meant that Chiang’s regime was able to illegally conquer Taiwan and oppress its inhabitants, while at the same time claim that it effectively controlled over the hundreds of millions of Chinese from the tiny island of Taiwan. This pipe-dream and fantasy was able to flourish for some 26 years, while the Communist regime in Beijing was shunned aside and treated as persona non grata.

After almost three decades of political wrangling and protests, spearheaded by the Soviet Union, the UN finally realised it was unrealistic that the Chiang regime ever represented China.

Hence Resolution 2758—an infamous resolution that effectively admitted that for so many decades the UN had been so blind and foolish, and allowed itself to be so politically manipulated and deceived to have Chiang Kai-Shek and his cronies unlawfully occupy China’s seat in the UN.

Goodbye Chiang…

But what does this have to do with Taiwan? Nothing. Nothing at all. All Resolution 2758 did was restore the rightful and legitimate seat of the People’s Republic of China, period. There was complete silence regarding the status of Taiwan and to whom the territory belonged to. And this silence has existed since the end of World War II, when Taiwan was put under temporary control of the Allied Forces. The US and UK at the time had publicly declared that the status of this one-time Japanese colony was “undetermined”. The status of the island, and future of its people, had to be decided eventually at a peace conference or within the UN system. But that was that. All talk.

When China rightfully assumed its place in the UN, it reiterated and continues to reiterate that Taiwan is part of China. It makes claims on the basis of the historical, cultural, linguistic bonds between China and Taiwan, but none of it is founded in law or reality. Any attempt to bring the issue of Taiwan to discussion is met with stiff opposition or the veto.

The truth is China does not have any legal title to claim sovereignty over the territory of Taiwan. Nor does China have any control, effective or otherwise, over the territory and its 23 million people. If it did, it would not have to constantly threaten invasion and war, because it could just legitimately march in, hoist its red flag and establish its dictatorial regime there, and no one would protest. If China did control and legitimately own Taiwan, it would not have to constantly warn of economic retaliation and other “severe consequences” whenever other States deal with Taiwan.

So why was the application for membership in the UN rejected on the basis of Resolution 2758? A completely flawed argument lacking in any basis or reason. Just like that, dismissed without any discussion or whatsoever in the General Assembly or the Security Council, as is required by law under the UN Charter (Art. 4(2)). I’d not be surprised if Mr Ban was somehow pressured (or bribed) by China to dismiss the application as soon as it was filed. And this coming directly from the UN’s Office of Legal Affairs.

States like Tuvalu, with its meagre 10,000 people, and States like North Korea, with its open defiance of international norms, can all become and stay members of the UN. Yet, a country like Taiwan, with more a larger population than two-thirds of UN members, is barred time and again due to such inexcusable manipulations of the law. Those judges in the Admissions Case, who unequivocally and overwhelming held that admission into the world’s primary universal organisation cannot “juridically” be “dependent on conditions not expressly provided by Article 4(1)” of the Charter must be spinning in their graves.

I leave you with the words from the original application filed by Mr Chen… despite the invocation of the ‘international community’ (which as you know I loathe), they speak more than I, or justice, ever could.

“The international community of today chooses to disregard the efforts of Taiwan's 23 million people in their pursuit of dignity and peace. It would rather ask a country that advocates the universal values of freedom, democracy, human rights, and peace to submissively remain silent when its identity is denied and security threatened. Whereas globalization draws nations and peoples around the world closer under shared interests and concerns, the United Nations has long excluded Taiwan from participation, erecting a wall against it and placing it in political apartheid. Such unfair treatment towards Taiwan is incomprehensible and unbearable.

The people living on the beautiful land of Taiwan desire their nation to become a member of the international community and make greater contributions to world peace and prosperity. I, as President, have been given a mandate by the people of Taiwan, and therefore have the responsibility to see realized their aspirations. Participation in the United Nations is a fundamental right of the people of Taiwan. The absence of Taiwan in the United Nations creates a gap in the global network for cooperation, goes against the ideals and notion of justice upheld by the United Nations, and moreover is ironic in light of the UN's principle of universality”.

--

To find out more, read this.

And here's a video clip by the Taiwanese heavy metal group ChthoniC...
I'm not normally a fan of this type of music, but the music and lyrics does say a lot about Taiwan's international isolation in the world today...

UNlimited TAIWAN Short Film (Not Music Video)

Aan mijn Profiel Toevoegen | Meer Video's



OK!!!
I'll stop here before you fall asleep.... if you're still awake!

"Mei"

Just read that a Taiwanese student producer just won the Silver Bear price at the Berlinale International Film Festival!

The short film is called "Mei", by Arvin Chen who produced the movie as part of his graduate thesis at the USC SChool of Cinema. You can see the trailer below! Looks pretty good :)

CNN interview with President Chen

Love him or hate him, President Chen Shui-bian does have a few things to say:

about the 988 Chinese missiles pointed at Taiwan... about the recent embezzlement scandals... and about the denial of Taiwan's 23million people's "collective rights" by the UN.

Talk Asia: Chen Shui Bian Part 01 (01.29.07, 8:30)

Talk Asia: Chen Shui Bian Part 02 (01.29.07, 7:30)

Talk Asia: Chen Shui Bian Part 03 (01.29.07, 6:10)

Troubled times for Taiwan

These are troubled times for Taiwan’s young democracy, and its president Chen Shui-Bian. Less than two decades ago the country was still under the four decade long one-party regime of the Kuomintang (KMT, Chinese Nationalists). Since the 1990s, peaceful transitions of power, reforms, a number of free and fair democratic elections have together transformed this little island into the freest democracy and society in Asia.

That the KMT was (and is) corrupt is a well-known. For far too long the state and party were one and the same, which meant officials were able to use or abuse public funds as they please. Billions and billions were siphoned into the pockets and accounts of high-level officials, mostly through kickbacks in grand public construction works and arms-purchases (think Lafayette scandal). No wonder the late dictator Chiang Kai-Shek was nicknamed ‘Cash my Check’.

Many thought the transition of power to the pro-Taiwan/pro-independence Democratic Progressive Party (DDP) would change things for the better. After all, since the party’s establishment in 1986 it has been championing for reforms, a break from the authoritarian past, and an end to corruption and nepotism. For many years, this was the party whose members were hounded and jailed by the dictatorship. For many years, this was the party calling for change on the fringes of the KMT-monopolised politics, society and media. But it managed to gain ground, push for reforms, democratic elections, and managed to come to power in 2000.

Members of the current government seem to enjoy the hallmarks and heroics of your typical dissident-turned-government legend. The president, who won the Liberal International Prize for Freedom in 2001, himself spent a spell in jail for being the defence lawyer of democracy activists in the 1980s. At about the same time when Chen was becoming politically active, his wife, Wu Shu-chen, was hit by a truck under ‘mysterious circumstances’ and has since been paralysed from the waist. Vice-President Annette Lu spent 12 years in prison for delivering a 45 minute speech advocating Taiwan’s independence. Undoubtedly, these are admirable people, who should be lauded for what they have achieved. But they are people, and people make mistakes.

After a series of (false) accusations and media frenzy, it turns out that the First Lady, and some of the president’s aides are guilty of corruption:

“The High Court will charge Chen's wife, Wu Shu-chen, with corruption, faking evidence and faking documents in a case involving the misuse of more than T$14.8 million (236,000 pounds).

"In the end it was determined through receipts of purchases by other people, that Wu Shu-chen -- between July 2002 and March 2006 -- embezzled over T$14.8 million of the secret state funds,”

And President Chen may also be guilty as well:

“The charges relate to the handling of a secret presidential fund used for diplomatic work overseas. Officials say around US$500,000 could not be properly accounted for.

During the four-month investigation, officials looked at six separate cases involving the use of the fund. They said the president's explanation for two were verified, but three were questionable and one was described as pure fiction.”

The opposition KMT is of course overjoyed, and are planning their latest offensive to oust the president out of office. Ever since losing power in 2000, they have been sour and using every chance they can get to discredit and undermine President Chen and the new government’s authority. A bill to purchase necessary defensive weapons against China’s military threats has been blocked 62^nd times since 2001. Thousands of protesters took to the streets again demanding the President’s resignation.

I look at this from so far away, and often wonder what is happening… corrupt people should indeed be punished, regardless of who they are and what positions of influences they have. In a way, the fact that the judiciary is able to investigate and charge people in high ranking positions underlines Taiwan’s democractic credentials. In an interview with the Financial Times just before the outbreak of the charges against the First Lady, President Chen put it very poignantly:

“Even if my family members have made some mistakes, we all have to undergo legal scrutiny […] Sometimes I feel ashamed and feel this is a loss of face. But isn’t this also to be cherished as a sign of Taiwan’s democracy and rule of law? Thus personal liabilities become everyone’s assets.”

An editorial wrote:

“If one good thing has come out of this miserable affair, it is that the investigation has proceeded without substantial interference by the Presidential Office or other executive organs. For those who place stock in the separation of powers, there is satisfaction to be had at witnessing a president, his wife and his staff come undone at the hands of a wide-ranging probe by officers whose agencies he ultimately has some power over.”

Thankfully, Taiwan has been able to undergo these protests, scandals without much disruption to peace and society. People are able to protest and shout anti-government slogans to their hearts content, and they need not fear the government cracking down and jailing people arbitrarily. If anything, these tests of endurance and processes involving mass popular movements and demonstrations serve to strengthen Taiwan’s social and political entrenchment in valuing democratic values and freedoms.

But at the same time the recent developments are worrying too. Why is it that the former government, one that is guilty of murders, disappearances, and levels of embezzlement that far trump the recent charges, is able to get away with impunity? Not only are members of the KMT known for their shady pasts, they seem to be the ones who are most adamant in calling for Chen’s downfall. This shows that even after the transition of power, the roots of the system are very much entrenched and in favour of the old regime.

And then there’s the problem of media-fairness. The KMT still very much dominates the media, and is thus often manipulate news to discredit the government. It seems that the tradition of trial-by-media is still a rampant problem:

“Such things cannot be decided by the mass media, by people like you and me. It has to be decided by the legal system. In fact, I'm very sceptical of our mass media. They don't report news but treat each news story as a drama.

We have to wait and see. I don't think the president should step down just because of these charges. I don't want to prejudge whether he is right or wrong.

The people who are against the president are not used to having a system and they are against him, personally. That is not healthy.”

Here’s another view of the problem:

“I think the media in Taiwan are not fair to Chen Shui-bian and to his DPP party. Most of the newspapers seem to hate him. I don't like that. Such newspapers are not supported by the Taiwanese people”

I really hope that at the end of the day Taiwan will be able to deal with this in an orderly manner, according to the rule of law and respecting democratic principles of justice and fairness.

Because that’s what democratic progress is all about.

See here for more coverage by an American professor living in Taiwan.

UPDATE
The maverick prosecutor who knows no political colours, Eric Chen. Ironically, he is a memeber of " the Black Gold Investigation Center under the Taiwan High Court Prosecutors' Office" estalbished by the current government which is supposed to investigate and curb corruption.

Taiwan UNrepresented

Once again, the international pariah and anomaly that is Taiwan is attempting to get into the UN. Yes, this self-governing, democratic, economically prosperous and free society is not a member of the world organisation of states. The reason: China’s claim that Taiwan is not a state but part of its sacred and inviolable territory, as much as Tibet is. This is despite that China has never actually ruled over the islands of Taiwan or the people for a single second.

Year after year, Taiwan’s application to the UN is thrown out because frankly China’s membership of the Security Council can silence all talk on Taiwan’s admission. So, year after year, Taiwan and its people are left out of the international community, and unable to fully enjoy the rights and exercise the duties of being a fully-fledged member of the world.

When SARS struck, the country received no help from the international community. When the threat of avian flu loomed (and still is looming), nobody invited Taiwan to international conferences on how to tackle the threat. These are blatant violations of the universal right of every human being to enjoy health, life and security, regardless of where they are from and where they reside.

China’s belligerence towards Taiwan, and the constant threat of invasion and war, is not a concern for the people of the country, but also for the rest of the world. As one of the last theatres of the Cold War, China’s claim to Taiwan comes at odds to the United States’ role in East Asia, and threatens the regions stability. Being at the crossroad of Asia, Taiwan’s geostrategic position is vital to the world’s economic and political interests. The world needs to recognise Taiwan’s role as a member of the international stage in maintaining security and peace and preventing escalation and weapons proliferation. And this needs to be done before any conflict has the opportunity to begin.

Taiwan, as a successful democracy and economic powerhouse, is often cited as a miracle for other developing countries to follow. The country has abundant resources and know-how to share with the rest of the world. But Taiwan’s continual isolation is a continual bar on achieving those goals.

This year the theme of the campaign is based on human rights. No where else in Asia has been able to secure great advances in human rights than Taiwan within the last couple of decades. The people are free to elect (and recall) their own representatives and president. The press is free to report on any news or scandal without having to fear of being hounded by the government. The state is increasingly providing social and economic welfare to ensure that everyone has a firm and equal footing and can share the benefits of progress. Rights for minority groups like homosexuals, aborigines, and disable people are increasingly being enshrined in the legal system, one which is free from political interference. One right that Taiwan has not been able to fulfill is the right of representation in the international community. And it is the international community itself that must grant Taiwan this right.

Please sign an online petition to show your support for Taiwan.

A piece I wrote back in 2000:

When the inhabitants of [Taiwan] were rocked out of their sleep late September last year, they woke to find their home destroyed by a deadly earthquake. Tears and blood have since dried, but most painful of all was the inability of a world body, which prides itself to protect all men, women and children, to respond to a humanitarian crisis. As 2,500 victims lay underneath the rubble, longing for that glimmer of hope, the world looked on. Those 2,500 people died.

Where was the United Nations, when a task which obviously required her assistance was at hand? Her members were nowhere to be seen, for they ‘busied’ themselves with empty discussions on whether to help a non-member nation! It is difficult to imagine, but here is the shock that 23 million world citizens can be shunned into the shadows of non-existence, on the grounds of politics. The words of “freedom, justice and equality for all” ring hollow inside the UN headquarters. Those are mere myths, kept barely alive through the constant reiteration of a holy mantra, yet killed by the very people who promise to protect them. Taiwan’s exclusion from the ‘world’ body is in direct violation of its principles and international law. For half a century, Taiwanese have anticipated the right to self-determination, guaranteed to them by the world body after the Second World War. Today, they still await a dream yet to be realised, in the process, bearing the full brunt of threats and manipulations from countries who contend to swallow her. How can it be that Taiwan, with a population and territory larger than two-thirds of UN members, is not entitled to exist as an equal actor on the world stage? How can a free democracy with a prosperous economy be treated like an international pariah? Have the Taiwanese committed a crime so criminal that they be barred from freedom for life? No. They only seek to coexist peacefully and share their wealth and intelligence with the world, in order to tackle the torrents of tension and trouble, confronting all of us tomorrow. That is too much to ask for.

There are states utterly insignificant, but they are part of the UN. There are states utterly repressive, but they are part of the UN. There states which blatantly violate international principles, but they are part of the UN. Taiwan is none of the above, yet she is not part of the UN. International politics is bizarre and twisted, dominated by those who are right, because they have might. Millions of voices calling for fair treatment cannot possibly overwhelm the useless debates held at social gatherings of world leaders, who shamefully claim to embody universal rights and dignities.

“All states are equal, yet some more so than others…”