Liberty Times (LT): Why does the government want to amend the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (台灣地區與大陸地區人民關係條例) when there are six drafts of the oversight act covering cross-strait accords?
Chen Ming-tong (陳明通): On Jan. 2, the CCP issued “Xi’s five points” [based on a speech made by Chinese President Xi Jinping (習近平)], which stated that it would not renounce the possibility of reunification by force and the reiteration of the “one country, two systems” framework. The framework was mentioned along with the suggestion that political parties in Taiwan nominate representatives for “democratic negotiations.”
These demands indicate Beijing’s intention to move Taiwan toward unification and further dilute the sovereignty of the Republic of China (ROC) by fomenting discord in Taiwanese society.
Photo: Fang Pin-chao, Taipei Times
Political issues across the Taiwan Strait severely affect our government due to their sensitivity and the extent to which they can affect national security, public interest and the future development of Taiwan as a whole.
Unlike economic, administrative or functional accords, stricter regulations should cover the handling of political talk across the Strait.
The wording of the drafts of the oversight act covering cross-strait accords places political negotiation on the table, but oversight for such talks so far has no legal foundation.
There is a need to amend the act to address the grimness of cross-strait relations after the Chinese issued “Xi’s five points.”
Shoring up legal deficiencies would better protect our democratic system of government, our national interests and the safety of Taiwan.
The public must agree on how to handle cross-strait political issues to prevent greater national strife and discord.
The decision to amend the act by adding Article 5-3 took into consideration the unique nature of cross-strait relations, as well as current circumstances.
If the amendment passes, full civic oversight of the negotiation process — from beginning to end — would be required.
The Legislative Yuan would hold two “high threshold” reviews — one before the negotiations and one after.
During each review session, the Executive Yuan should provide the legislature with a political assessment report — one 90 days before the negotiations and one right after the president approves the negotiation results.
Public hearings and a national referendum must be held to engage maximum public support for the negotiations. Only then would the negotiations be ratified, and the instruments exchanged and signed.
In so doing, the amendment would establish strong oversight mechanisms — a firewall. The mechanisms would prevent any one person or any one party from imposing their will on the public, or from undermining national sovereignty and democracy by using sovereignty as a bargaining chip.
The amendment and all versions of the oversight act are under review at the Legislative Yuan.
If they are passed, any political issue would be covered by the amended Act Governing Relations Between the People of the Taiwan Area and the Mainland Area and all accords subject to the draft oversight act.
However, any nonpolitical accords with political aspects to them would undergo the same steps as political issues.
The dual system of the amendment and the oversight act would provide proper channels for handling various accords, without any overlap of jurisdiction.
LT: In the past, the Democratic Progressive Party (DPP) proposed establishing a peace framework with China. Why is there a legislative push now?
Chen: “Xi’s five points” marks a complete break from the past. The “one country” of the so-called “one country, two systems” framework — unilaterally imposed by Beijing — refers to the People’s Republic of China. There is no room for the ROC to exist within this framework and any peace agreement entered into would be a unification agreement.
While the government does not abandon the prospect of peace, we firmly oppose any accord or agreement that is tantamount to surrendering to a regime that insists on unification by force and the “one country, two systems” model.
Taiwan is China’s next-door neighbor and Beijing has shown that it is accelerating its plans for unification with a high level of urgency. The annexation of Taiwan is a publicly avowed policy [of Beijing], against which we must not lower our guard.
Multiple polls indicate that more than 80 percent of the public thinks that the government needs to put in place stronger legal and institutional safeguards for the negotiation or signing of political agreements across the Strait.
The government has initiated legislative efforts to install a safety net for democracy. A mechanism is going to be established to furnish oversight of cross-strait political negotiations by applying high standards and high thresholds.
The government’s actions are consistent with the responsibility of a democratically elected government operating in a nation of laws to protect Taiwan from emergent threats and respond to the expectations held by a majority of the public.
LT: Why does the amendment stipulate a referendum as a requirement of making an agreement with China?
Chen: Surveys show that more than 70 percent of the public disapproves of China’s “one country, two systems” framework and the same number is opposed to the “one China” principle espoused by the “1992 consensus.” Yet, after the promulgation of “Xi’s five points,” China might impose “one country, two systems” as a condition for all future agreements, whether political or routine.
Given the impact that cross-strait political agreements could have on Taiwan’s national security, national interests and collective future, such agreements should require a “high threshold” review mechanism in the Legislative Yuan and a public referendum. By guaranteeing that the public has the final say, this proposal honors the will of the people as the constitutional foundation of national sovereignty.
LT: With Chinese fighter jets having crossed the median line of the Taiwan Strait and the Chinese People’s Liberation Army Navy conducting warship drills near Taiwan, do you think the cross-strait situation has changed?
Chen: China has stepped up its campaign of intimidation against Taiwan since the promulgation of “Xi’s five points.” Beijing’s calls for unification by force and proposal of the “one country, two systems” model for Taiwan are aimed at an annihilation of the ROC. The cross-strait situation has shifted most certainly. The crossing of the median line and large-scale carrier exercises at the periphery of Taiwan’s maritime zone are irresponsible acts of provocation.
China’s bullying behavior has shown a contemptuous disregard for the feelings of Taiwanese and the international community, and it is deeply detrimental to the “status quo,” Taiwan’s national security and regional stability. The government will continue to work with the international community to maintain peace and stability across the Strait.
Meanwhile, we urge China not to compound its errors or underestimate our unshakable will to defend the sovereignty and security of our nation, and our democratic way of life.
Translated by staff writers Jake Chung and Jonathan Chin
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