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On Sept. 20, 2005, we placed an advertisement entitled "What are you doing?" in the Washington Post explaining our legal research results of the last several years. We have determined that Taiwan is a US overseas territory under the jurisdiction of the United States Military Government (USMG) and the US flag should be flying. This conclusion is based on the war powers of the US Constitution, the post-war San Francisco Peace Treaty, the Taiwan Relations Act, and other relevant legal documents. In response to our advertisement, the US State Department said: "No comment." Mass Protest Sit-In, in front of AIT, Taipei December 7 Failing to receive any appropriate action or response from AIT or the US State Dept. in regard to these US passport applications, and recognizing that our constitutional rights against "cruel and unusual punishment" by not having an internationally recognized nationality were being violated, several members of the TCG group, led by Dr. Roger C. S. Lin, filed suit in the US District Court, Washington, D.C. on Oct. 24, 2006. This court case proceeded through several years of litigation. The land in Taiwan belongs to the Taiwanese people, and of course no one can run them off of this land or confiscate it without due compensation. In their search for freedom, democracy, and human rights, a strong sense of Taiwanese consciousness is important to the Taiwanese people. As we know, during WWII in the Pacific, US military troops liberated Taiwan. According to the war powers in the US Constitution, the Hague Convention IV of 1907, and the San Francisco Peace Treaty of 1952, the United States Military Government (USMG) temporarily holds the jurisdictional powers over Taiwan, and this is the truth of Taiwan's international legal status. The "Declaration of the Taiwan Status" http://www.taiwanadvice.com/declare.htm was promulgated on March 29, 2006. Laws in the United States may be broadly separated into those which deal with (1) domestic matters and (2) foreign matters. US government officials have recently clarified that Taiwan is only regarded as a "foreign state" under US domestic legislation, but from the viewpoint of international relations the US Executive Branch does not consider Taiwan a "state" in the international community. In other words, Taiwan is foreign in a domestic sense. To all those who have studied the legal developments after the Spanish - American War know that this is a reference to a United States insular possession. Indeed our website http://www.taiwanadvice.com contains extensive reportage on Taiwan's Position as a US Insular Area. In the recent months, the PRC Chinese have continued to vociferously announce their threats to seize Taiwan. Fortunately, in late August and early September 2007, the US government made a number of important announcements. These included specific references to the following facts --
A U.N. committee rejected a proposal to put Taiwan's latest bid to rejoin the United Nations on the agenda of the General Assembly's 2007 annual session that began on Tuesday, September 18. In a press conference on the same day, U.N. Secretary-General Ban Ki-moon said that it had proved legally impossible for his office to accept Taiwan's application despite careful consideration of the matter. He cited the 1971 General Assembly resolution that expelled the "representatives of Chiang Kai-shek" -- the nationalist leader driven out of mainland China in 1949 by the communists -- and awarded their seat to the People's Republic of China. "This has been the official position of the United Nations and has not changed since 1971," he said. Legal experts advised that based on Secretary-General Ban's remarks, it is a near certainty that there will be no change in the stance of the U.N. General Assembly in 2008, 2009, 2010, or anytime thereafter in regard to Taiwan's membership application. In other words, under the provisions of the U.N. Charter, there is no way for Taiwan to join the United Nations in the current era. Hence, the patriotic people of Taiwan call upon the US State Dept. and AIT to recognize Taiwan's true position under the US Constitution and to begin issuing of US national passports to Taiwanese persons at an early date, so that their current status of "statelessness" can be avoided, and the issuance of the illegitimate Republic of China passports can be stopped. Such actions by officials of the State Dept. and AIT can also confirm that they are being faithful to their pledges to protect and defend the US Constitution against all enemies, foreign and domestic. We reiterate that we have no quarrels with the One China policy based on the three Joint Communiques and the Taiwan Relations Act. We fully understand that the US does not support independence for Taiwan or unilateral moves that would change the status quo as the US defines it. In order to begin communications with members of the US Congress on this issue, we urge everyone to write to the Chairman of the Subcommittee on Insular Affairs, House of Representatives, and to Congressman Nick Rahall, Chairman, Committee on Resources, House of Representatives, to inform them that Taiwan is the sixth major insular area of the USA. With these premises in mind, and recognizing that the ROC in Taiwan is an enemy of the US Constitution, because it is blocking the Taiwanese peoples' enjoyment of fundamental US constitutional rights, in order to more effectively advance our goals, all of our support groups have launched a "I am a Taiwanese and not a Chinese" Petition Drive. Furthermore, we will all join together for a Mass Protest Sit-in in front of the Taipei Office of AIT in the near future. |