How Long Must They Endure Such Treatment?
他們還要忍受多久?
In recent years, holders of TAIWAN passports, due to the facts that (1) the cover of the passport is marked "the REPUBLIC OF CHINA", and (2) the interior data page indicates that the holder is "national of the Republic of China", often suffer from unfair treatment and all types of related legal troubles.
近幾年來,持有TAIWAN台灣護照者,由於這個事實 (1) 封面標明 「中華民國 REPUBLIC OF CHINA」字樣,(2)裡頭並註明持有人是 「中華民國國民 national of the Republic of China」,導致持有人經常受到不公平待遇和其它法律上的麻烦。
There are countless examples which could be cited, but only some particularly troubling ones will be mentioned herein.
事例不勝枚舉,兹列舉一二:
In April 2010, the volcanic eruption which occurred in Iceland had a great affect on international aviation security. At that time in Frankfurt, Germany, media reports said that nearly 100,000 people were trapped for as long as a week.
2010年04月 冰島火山爆發,影響國際飛航安全。當時在德國法蘭克福機場,約有十萬人受困達一星期之久。
The media further reported that agencies associated with the United Nations provided everyone with food, water, blankets, and other relief supplies, but Republic of China passport holders were denied such support.
據媒體報導,聯合國救災物資發放給每一個人食物、飲水及毛毯和其他救災物資,惟獨持有「中華民國護照」的幾十名台灣人沒有。
The reason for this unequal treatment was discovered to be very simple, namely that the country name of "Republic of China" did not appear on the official United Nations list. As a result, the validity of their passports, and the legal status of any person holding such a passport, could not be determined.
遭受不平等待遇原因非常簡單即是"中華民國"的國名沒有出現在聯合國的正式名單上。這樣一來,他們的「中華民國護照」的合法性,以及任何持有這款護照的人之法律地位,無法確定。
For many years, the Republic of China and the Philippines have frequently had disputes over the extent of their "exclusive economic zones" for fishing.
多年來,中華民國與菲律賓為了捕魚「專屬經濟領域」範圍經常有糾紛。
The Taiwan fishermen entering the economic zone claimed by the Philippines are often accused of trespassing, whereupon they arrested, and held in detention, or sometimes directly thrown into prison, while at the same time having their boats seized.
一但台灣漁民進入菲律賓政府自己認定為屬於自己的經濟領域,就常常被逮捕關進拘留所或監獄,船隻也被扣押。
Typically, these actions are followed by the Philippine Government demanding a relatively high ransom in order to free the men and the boats.
接下來菲律賓政府要求相當高的贖金來釋放人與船。
The basic problem with the Philippine government in this dispute is that the Philippines, in a similar fashion to leading world governments, holds that the ROC/Taiwan has no sovereignty, and therefore their passports are not subject to international recognition.
與菲律賓政府的這個爭執,其基本問題在於菲律賓是參考世界上主要國家 (與聯合國) 的解釋,認為中華民國在台灣是沒有主權,其護照當然也不受國際承認。
In May, 2014, People's Republic of China (PRC) for declared sovereignty over a large number of islets in South China Sea for themselves, based on a "Nine-dash line" which includes all of their historical claims in the area.
在2014年的五月,中華人民共和國 (PRC) 對於南海的眾多礁島,基於「九段線」的「歷史性權利」,宣佈自己擁有完全的主權。
Previously however, the Vietnamese government often advocated their own sovereign rights over these territories.
而這些礁島有許多是越南政府多年來一直主張自己有主權。
The local Vietnamese people were greatly angered by the actions of the Chinese government, and embarked on a protest which led to the deliberate destruction and burning down of so many Chinese factories invested in Vietnam.
對於中國這樣地宣佈,越南國民非常憤怒,一氣之下就把中國投資的工廠都放火燒掉。
In many cases, the factories were actually invested and operated by Taiwanese citizens, but they were still badly affected. The explanation for the confusion is easily found by noting that the factories are marked and registered as being investments of the “Republic of China.”
而台灣的投資人也受到拖累,因為他們工廠門口的招牌與文宣資料都標明是中華民國Republic of China投資的廠商。
Many people have suggested that to avoid a recurrence of such problems, we need to know whether Taiwan has ever been officially incorporated into the territory of the Republic of China? And whether the official country name of Taiwan is properly rendered as "Republic of China" ?
是故,很多人建議,為了避免這類事情再發生,台灣應該要確定是否被正式併入中華民國領土?台灣正式的國名是否適合用中華民國Republic of China?
We have to be absolutely sure, because if there are varying and different opinions in the international community, the human rights of the Taiwan people will certainly suffer.
我們必須百分之百確定,對於這個議題,國際間要盡量避免 "不一致" 的聲音。否則,臺灣人的「人權」一定是無法受到保障。
In Taiwan, the English-language media from time to time have highlighted the various aspects regarding the use of a Republic of China passport by Taiwanese, and the International awkwardness, embarrassment, and even financial loss that this passport causes.
在台灣的英文媒體不時的有人提出因為使用Republic of China之護照,而在國際間所碰到的種種問題,而且對此事所耗費的心力、時間及金錢損失等。
A particularly sticky problem caused by the use of this passport is that the holder is identified as “Chinese.” Unfortunately, under the One China Policy recognized by the world community, that means "People’s Republic of China."
使用此ROC護照所產生一個棘手的問題是因為持有人被認定為「中國人」。不幸的是,在國際所承認的「一個中國政策」之下,"中國" 是指中華人民共和國 (PRC) 。
This often results in serious complications because, in fact, in North America, Europe, Africa and other regions of the world, the visa regulations for “Chinese citizens” and “Taiwanese citizens” are totally different.
會產生的困境是,事實上,在北美州、歐洲、非洲等地區,對中國人與台灣人的簽證規定有很大的不同。
Hence, there have been numerous instances reported in the local Taiwan press where a Taiwanese person holding a "Republic of China" passport was refused entry, or was refused airplane boarding, solely because the airline or immigration personnel believe that the passport does not have the correct visa.
因此,已經有不少在台灣當地新聞報導,台灣人持有 "中華民國" 護照時,被航空公司或移民署官員認為護照上沒有正確的簽證而拒絕此人入境。
It should not surprise us that a lot of foreign personnel are not experts in the international political situation, therefore they are unable to distinguish between the “Republic of China” and "People's Republic of China".
對這點我們不應該感覺到驚訝。很多外國人士對國際政治情況不是十分專門,無法分辨"Republic of China" 與 "People’s Republic of China"之不同。
In order to solve this problem, and quell their anger of Taiwanese persons travelling internationally, it is important to determine once and for all whether Taiwan is actually part of the Republic of China’s national territory. If indeed this is the case, then it is important that everyone promote the concept internationally.
為了解決此問題,並使台灣人在國際旅遊平息他們的憤怒,必須確定台灣是否真的是中華民眠的國家領土的一部分。如果確實是這樣的話,我們大家就可以在國際間努力推廣正確的觀念。
But, on the other hand, if Taiwan has never been incorporated into the national territory of the Republic of China, then it would appear that there is no legitimate reason why an entity called "Republic of China Ministry of Foreign Affairs" should be issuing passports to local Taiwan people.
但是,另一方面,如果台灣從未被併入中華民國領土那麼它顯現,"中華民國外交部" 簽發護照給本土台灣人是沒有合法性。
In early June of 2016, a professor from the Dept. of Labor Relations of the National Chung Cheng University travelled with several students to Geneva, Switzerland, to attend a meeting of the International Labor Organization.
2016年06月初,中正大學勞工關係系教授帶學生前往瑞士的日內瓦,參訪國際勞工組織(ILO)。
After arriving at the meeting locality however, these Republic of China passport holders were surprised to discover that they were denied permission to enter the meeting, because their passports and other identification documents were not recognized.
到了會場卻意外遭該國際組織不承認中華民國護照為由,被阻擋在門外。
This professor from the National Chung Cheng University offered a severe criticism of this situation, stating that this was a clear case of "nationality discrimination."
中正大學的教授痛批,這是明顯的 "國籍" 歧視。
Even though the Republic of China is not currently a member of the International Labor Organization, but it still seems reasonable to say that university professors and their students should be able to participate under the category of “general visitors.”
就算目前中華民國政府未具備正式會員身分,但照道理說,大學教授和學生還是能以一般訪客身分參訪。
The ILO, under the auspices of the United Nations, is known for having a high sense of "social conscience.” So, if they also actively oppress the people of Taiwan, how can they possibly convince the world community of the validity of the universal values they claim?
如果連號稱「聯合國社會良心」的國際勞工組織都帶頭打壓台灣人,又如何能讓人信服他們宣稱的普世價值?
In fact, since the Republic of China was expelled from the United Nations in late October of 1971, there have been many instances of oppression by International Conferences where the attendance of Taiwan people was refused. Primarily this has been due to the puzzlement and confusion over their correct identity classification.
其實自中華民國於1971 年10月底從聯合國被驅逐之後,就時常在參與國際會議的場合因身分問題遭打壓。這主要是因為主辦單位對台灣人的正確身份之認定是完全困惑。
Unfortunately, in recent years this problem has not seen any improvement, indeed oppression by China is becoming increasingly serious.
不幸,這幾年這個問題不僅沒有改善,更在中國 (PRC) 的壓迫下日益嚴重。
A related situation occurred in July 2016. Two officials of the Fisheries Agency of the Council of Agriculture, Executive Yuan, traveled to Italy to participate in the Committee on Fisheries (COFI) meeting, sponsored by the Food and Agriculture Organization (FAO) of the United Nations. Upon arrival, they successfully completed all registration procedures to obtain identification passes to enter the venue. However, upon showing their Republic of China passports, they immediately came under the suspicion of the organizers. After discussion and review, it was determined that Republic of China passport holders were not eligible for admission, and so the Fisheries Agency officials from Taiwan were expelled. Further dialogue and appeals proved fruitless, and in the end these Taiwan officials were not able to participate in the meeting.
類似的情形也在2016年七月也發生過。農委會漁業署兩名官員前往義大利參與聯合國糧農組織(FAO)漁業委員會(COFI)的會議,並已換好證件進入會場,但漁業署人員入場時曾出示中華民國護照,被主辦單位官員注意到。經檢討後,認為持中華民國護照者無資格入場,將來自臺灣的漁業署人員驅離出場,到最後仍無法參與會議。
There was a similar example in Sept. of 2015, when some Taiwan people went to visit the Headquarters of the United Nations in Geneva, Switzerland. When they presented their Republic of China passports to prove their identity they were refused entrance permission.
2015年九月時也有相同的例子,有臺灣民眾前往聯合國位於瑞士日內瓦的歐洲總部萬國宮參觀,卻因持用中華民國護照遭到拒絕。
If Taiwan does not want to continue to be more and more marginalized in the international community, the people of Taiwan will have to stand up and defend their interests more vigorously.
如果台灣在國際間不要繼續越來越邊緣化,台灣人都應該站出來,為捍衛自己的權益發聲。
Worse still, some international media have reported that Chinese police have now been stationed in Europe, Africa and many other countries and have begun coordination with the local police.
更有甚者,有國際媒體報導中國警方代表已經進駐歐洲、非洲等許多國家與當地的警察協調。
In consideration of the numerous provisions of China's "Anti-Secession Law," the Chinese police stress that any the “Chinese citizens” who commit any act in violation of this law (such as speaking in favor of Taiwan independence, or advocating any other actions which could result in a separation of Taiwan from China, etc.), should be arrested and sent back to China for trial and imprisonment.
中國警方代表特別提出中國之「反分裂法」的內容,要求凡是中國大陸或台灣地區的人民若其言行舉止一旦觸犯該法 (例如:口頭上主張台灣與中國分開、台灣獨立等等) ,就直接將之逮捕,並送回中國調查、入獄。
It is predicted that Taiwan people travelling overseas will begin to experience this problem in the near future.
茲可預料到,台灣人在海外即將會碰到這樣的問題。
Based on the content of many United Nations conventions on human rights, as well as the San Francisco Peace Treaty of April 28, 1952, which ended WWII in the Pacific, many living in Taiwan believe that their nationality should be "Taiwan" rather than the "Republic of China."
基於美日太平洋戰爭後舊金山和平條約以及聯合國許多有關人權的公約,很多住在台灣的人認為自己的國籍應該是台灣Taiwan而不是中華民國Republic of China。
(After all, Taiwan was not awarded to the Republic of China in the treaty.)
(畢竟,舊金山和平條約並沒有把臺灣之領土主權過戶給中國。)
But Taiwan's current passport design, with the words "Republic of China" prominently displayed on the cover, has complicated the Taiwan people’s search for a national identity.
但是台灣目前護照的設計,有"中國民國"字樣突顯在封面上,使的台灣人民尋求國籍認定變為十分複雜。
Not surprisingly, many Taiwan people have submitted Letters to the Editor of many leading Taiwan publications, saying when they fill out relevant application forms when overseas, whether in elementary school, middle school, high school, college, commercial institutes, they indicate their nationality as "Taiwan", but are often denied this appellation because of their passport, ID card, National Health Insurance card, driver’s license, etc. are marked as "China" or "Republic of China".
毫不驚訝的,很多台灣人曾經投書給報章雜誌說:他們到海外讀書時填寫相關申請資料時,不管是小學、中學、高中、大學、研究所等,他們都寫「台灣」為國籍,但是常常被校方拒絕,因為他們所提供的護照、身份證、甚至駕駛執照等都寫China (中華民國)。
Under such circumstances, the only correct translation appears to be to say this this person’s nationality is "Chinese."
在這種情況下,翻譯文件也一定說這個人是Chinese中國人,因而造成很大的問題。
This sort of difficulty has caused a lot of problems. Of course, a suitable solution to this problem could be found by first making a clear determination of ROC/Taiwan's international legal status. The question which must be answered is: Is Taiwan a part of the national territory of the Republic of China?
這類的 "國籍認定" 問題是令人很困擾的。當然,唯一解決的方法是要百分之百的確定中華民國在台灣的國際地位。要答覆的問題是:臺灣到底是否屬於中華民國的國家領土?
Taiwan's Apple Daily newspaper reported in mid-April 2016 that Taiwan people have been detained at the Dubai International Airport for various periods of time due to confusion over the "Republic of China" passport.
台灣的蘋果日報在2016年04月中旬報導台灣人因為「中華民國護照」被滯留在杜拜國際機場十二天的驚魂記。
The title of the article was -- "The Republic of China passport" = "Fake Chinese passport"?
這篇報導的標題竟然是: 「中華民國護照」=「中國的假護照」?
A Mr. Lin reported on his experience, where he said that said he was detained at the Dubai International Airport for 12 days. His story began in 2010 when he was in the Middle East, and travelled overland to Dubai International Airport to catch a flight to a large city in Africa. However, he was questioned by immigration personnel and airport police, and was even taken to a small office for a detailed interrogation, in addition to having his “fake passport” confiscated.
一位林先生表示於2010年他在中東「杜拜國際機場」要轉機飛往非洲卻遭航管人員為難,甚至還被帶到小辦公室裡偵訊、盤問,並把他的「假護照」沒收。
The reason for all of these troubles quickly became clear. The airport staff thought the "Republic of China” passport he held was a fake "PRC China passport!" He tried to explain to the airport personnel saying, "We are different countries, . . . . the China passport is red," but they did not believe him.
這些麻煩的來源很快就清楚。原來是因為機場人員認為他所持有的「中華民國」護照,是偽造的「中國(China)護照」!他試著向機場人員解釋「我們是不同的國家,中國的護照是紅色的」,結果對方不信。
Referring to the list of countries promulgated by the International Civil Aviation Organization, immigration officials quickly determined that there is no country in the world called "Republic of China."
在參考國際民航組織頒布的國家名單,移民官員不到一分鐘就確定沒有一個稱呼"中華民國" 的國家。
When he tried to place an overseas telephone call to the Ministry of Foreign Affairs in Taiwan, he only got a recorded message informing him that: "Today is weekend and therefore we are on holiday, please call again Monday, a normal work day!"
這時他打越洋電話給ROC外交部,所得到的回答竟然是:「今天是周末假日休假日,請星期一上班日再來電!」
Due to this problem with trying to establish the validity of the Republic of China passport, and carefully explaining that he was from Taiwan, which is not part of China, he was forced to stay in the Dubai Airport Hotel for 12 days. Finally he got word that airline transportation for him to leave Dubai had been arranged . . . . But he was being deported to China, on the grounds of an alleged use of forged Chinese passport!
他費盡口舌說明他來自臺灣,並細心解釋台灣不屬於中國之領土,結果強迫他遲留杜拜國際機場十二天。 就因為這張「中華民國護照」在杜拜機場旅館住這麼久,最後他被通知將遣返「中國」,理由是「涉嫌使用偽造中國護照!」以杜拜官員認為,管轄權當然是中國政府!
Some Taiwan newspaper reporters have begun to investigate whether Mr. Lin's experience has been repeated by other Taiwan people who have visited the Middle East.
對於林先生如此地遭遇,許多的臺灣記者要探究和追蹤其他的臺灣人在中東旅行有沒有類似的經驗。
Taiwan students in Europe have written letters to the Taiwan media saying that European countries frequently fail to have any consistent standards for making identification of Republic of China passport holders. Sometimes they are identified as Taiwanese, and sometimes they are identified as Chinese. Even more surprising is that sometimes that particular countries change their recognition policies for no apparent reasons, and this causes problems for Taiwan people living, travelling, studying, or working in Europe.
有台灣的留學生在歐洲曾經投書台灣的媒體表示,歐洲各國有時候會對持有中華民國護照的人給予不同的國籍認定。有時候是認定為台灣,有時候是卻又認定為中國。更奇怪的是,有時候在沒有通知的情況下也會被更改,使他們在歐洲的生活有相當大的不確定性。
In order to handle this type of issue more effectively, many have suggested that more clear statements on Taiwan’s international legal position are needed.
這些留學生也認為,要處理此問題,必須先確定中華民國在台灣的國際地位。
Dealing with such "identification" issues results in considerable uncertainty in the lives of the Taiwan people. Of course this entire situation is not helped by the fact that the number of European countries which have formal diplomatic relations with the ROC on Taiwan is near zero.
這樣的"身分"問題隨時帶來很多的不確定性給台灣人民。而且,這整個情況特別難於解決是因為,與中華民國在台灣具有正式外交關係的歐洲國家的數量接近零。
In Taiwan, most members of the society do not know exactly why the citizens of other countries do not face this type of problem.
在台灣,大多社會人士都不知道其他國家之國民為什麼無須面對類似的問題。
However, they have suggested that one good strategy would be for the ROC Ministry of Foreign Affairs (ROC-MOFA) and US Dept. of State (US-DOS) to have formal meetings regarding the Republic of China’s legal status, and then issue a Joint Memorandum clarifying the exact date when Taiwan was incorporated into the national territory of the ROC.
不過,他們提出了一個解決的辦法。他們建議中華民國的外交部與美國國務院開會來徹底溝通 “中華民國在台灣” 之國際地位。然後雙方應該發布一份聯合備忘錄來說明台灣哪 一年,哪 一月,哪 一日 已經併入中華民國之國家領土。
(Among legal and historical researchers in Taiwan, and indeed in the international community, there has been much disagreement regarding this issue over the past sixty or more years.)
(在台灣的法律和歷史研究者之中,對於這個議題已經爭論了超過65年。)
If such a Joint Memorandum confirms that the Taiwan is part of the national territory of the Republic of China, then the use of "Republic of China" passports by Taiwan people is fully legitimate. All Taiwan citizens will certainly be willing to actively participate in one by one communication with foreign officials in order to clear up all relevant misunderstandings.
如果這樣一個聯合備忘錄是確認台灣已經併入中華民國之國家領土,那麼台灣人使用中華民國護照是依法有據。所有台灣人民一定會很樂意與各國官員進行溝通,以紓解以往所有的誤會。
On the other hand, if it turns out that there are no legal references which can prove that Taiwan has ever been incorporated into the national territory of the Republic of China, then it would appear that the United States should take full cognizance of this fact.
相反的,若發現所能提供之法理依據不夠來證明台灣已經併入中華民國之國家領土,那時美國必須認真面對此事實。
Certainly, the issuance of such a Joint Memorandum will no doubt produce a compelling result, and be much more convincing to the members of the international community than if Taiwan were to gain twenty additional formal diplomatic allies!
有人直言,從美國獲得中華民國在台灣主權之確認,在國際上所能產生之說服力,比增加二十個邦交國還大很多!
With a clear statement on Taiwan’s legal status in relation to the Republic of China, the determination of the proper wording for the cover and inside content of Taiwan passports can also be authoritatively made.
台灣法律地位與中華民國之間的關係,若能給予明確說明,那麼 "台灣護照" 的封面與裡頭的正確文字內容,可以完全給予確定。
CORRECT PASSPORT DESIGN: For reference, here is a passport cover design which strongly appears to comply with all the provisions of the Taiwan Relations Act, (while including suitable translations of the English language wording).
正確的護照設計:為了參考,在此提出一份嚴格遵守「台灣關係法」的各項規定之護照封面設計。(這個封面也包括所有英文內容之適當翻譯)。
Notes: 註釋
(1) The issuance of such a Joint Memorandum as proposed above, would be fully in compliance with the United States’ obligations under the human rights clause of the Taiwan Relations Act, which reads:
這樣的聯合備忘錄的擬出與發佈,也是完全符合美國「台灣關係法」中有關美國對維護台灣人「人權」的義務:
The preservation and enhancement of the human rights of all the people on Taiwan are hereby reaffirmed as objectives of the United States.
玆此重申維護及促進所有臺灣人民的人權是美國的目標。
(2) At the same time, such a Joint Memorandum would be a useful clarification and updating of previous (and arguably somewhat outdated) Memoranda regarding Taiwan’s legal status issued by DOS on Feb. 3, 1961 and July 13, 1971.
同時,如此的聯合備忘錄可做為更新美國國務院於1961年02月03日和1971年07月13日所發佈(且有人說有些過時)有關 "台灣國際地位" 的備忘錄。