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Lu says UN bid could go to court
FUNDAMENTAL SOLUTION:
Lu said that hiring international law experts to counter the UN resolution that recognized the PRC would attack the roots of the problem
By Ko Shu-ling
STAFF REPORTER
Wednesday, Jul 04, 2007, Page 1
President Chen Shui-bian (陳水扁) could call a high-level national security meeting within a month to discuss the government's strategy to join the UN under the name "Taiwan" and could take the case to an international court if necessary, Vice President Annette Lu (呂秀蓮) said yesterday.
Lu, who embarked on a 12-day visit to three of the nation's allies in Central America and the Caribbean on Monday, said during the flight to San Francisco that the US government should view China's claim that Taiwan is part of its territory as an "inappropriate development."
"China has deceived the international community for so long that the UN passed Resolution 2758 and replaced the Nationalist Republic of China with the communist People's Republic of China [PRC] as the sole representative of China," she said.
Lu said China's suppression of Taiwan would never relent, citing the examples of a secret memorandum of understanding signed between China and the WHO in 2005, which stipulates that China has authority over Taiwan's WHO participation, and a resolution passed by the World Organization for Animal Health downgrading Taiwan's status to that of a non-sovereign regional member.
UN Secretary-General Ban Ki-moon also cited UN Resolution 2758 when he rejected Taiwan's request to ratify the Convention on the Elimination of All Forms of Discrimination Against Women on the grounds that Taiwan is part of China.
A fundamental solution to the problem, Lu said, would be to hire international law experts to develop a convincing discourse to counter Resolution 2758.
Resolution 2758 might have solved the problem of the PRC's representation at the UN, but it has failed to resolve that of Taiwan's, Lu said, adding that it was a serious matter for Ban to have misinterpreted the resolution.
Lu said that she has asked Chen to use diplomatic channels to remind the US government of the seriousness of the situation.
If necessary, the government could ask the International Court of Justice to look into Taiwan's UN bid, she said.
However, Max Huang (黃國昌), an associate professor of law at Academia Sinica who helped Chen write his request for a constitutional interpretation on presidential immunity, said that bringing the case before the international court had a slim chance of success because it was a political issue, not a legal one.
"I won't say such a proposal is meaningless because it would help draw attention to the issue and raise Taiwan's international profile," he said in Taipei yesterday. "Regardless of the outcome, Taiwan would be a winner if the international court took up the case."
At a separate event yesterday, Chen called on Taiwan's Central American allies to support the country's bids to join international organizations, including the UN.
"Taiwan's road to democracy is bumpy and at times frustrating," he said. "However, the government and Taiwanese have always believed that democracy is the only way to go and the most powerful weapon against China's autocracy."
Chen made the remarks while addressing the 22nd conference of the Forum of Legislative Presidents of Central America in Taipei yesterday morning. The biennial event opened yesterday, with 31 legislators from seven Latin American and Caribbean countries participating.
While the forum is held every two years in member countries, Chen said many legislative leaders have expressed the desire to see it hosted by Taiwan every other year.
It was the second time the event was held in Taipei since the beginning of Chen's presidency. The last time was in 2000.
Chen said Taiwan and its Central American and Caribbean allies maintain strong political and economic ties because they believe in freedom, democracy and human rights.
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