Anti-Secession Law of the People's Republic of China
Encyclopedia
The Anti-Secession Law is a law
of the People's Republic of China
. It was passed by the third conference of the 10th National People's Congress
of the People's Republic of China
(PRC). It was ratified on March 14, 2005, and went into effect immediately. Hu Jintao
, President of the People's Republic of China
, promulgated the law with Presidential Decree No. 34. Although the law, at ten articles, is relatively short, it was met with much controversy because it formalized the long-standing policy of the People's Republic of China to use "non-peaceful means" against the "Taiwan independence movement" in the event of a declaration of Taiwan independence
.
was formally incorporated into the Qing Dynasty
in 1683. It was then ceded by China
to Japan
in perpetuity in the Treaty of Shimonoseki
of 1895. At the end of World War II
, it was then surrendered by Japan in 1945 to the Kuomintang
(KMT) Administration of the Republic of China
. After the declaration of the People's Republic of China
in 1949, Taiwan and some neighbouring islands continued to be controlled by Republic of China
forces. In its official view, the People's Republic of China (PRC) government considers Taiwan
to be a province of China. According to the PRC, it is the sole legitimate government of China, and thus should also rule Taiwan. According to the PRC argument, the government of the Republic of China
ceased to represent the sovereignty of China when it lost control of the Chinese mainland between 1949 and 1950. Thus, the PRC argues, the PRC succeeded to the sovereignty of China in 1949-1950, including that over Taiwan, although Taiwan continued to be under the administration of the old Republic of China government.
The official Republic of China (ROC) view is that it did not cease to exist in 1949 and has continued to function as a sovereign political entity in Taiwan to the present day, making the relationship between the PRC and ROC similar to that between other partitioned states (such as North Korea
and South Korea
). The PRC's position has been acknowledged by most nations, by adopting some version of the "One-China policy
", although some nations prefer to take an ambiguous approach on this issue. More extreme advocates of Taiwan independence
oppose both the PRC's and the ROC's claim to Taiwan and the legality of the Chinese sovereignty
over Taiwan.
Multiple opinion polls conducted in Taiwan have indicated that there is very little support for immediate unification on the PRC's terms or for an immediate declaration of independence. Polls have also consistently shown that a large majority of Taiwanese would support discussion of reunification
only if the economic and political systems of the two sides of the straits were comparable. A majority of Taiwanese appear to support the "status quo" but there are different opinions in Taiwanese society, with the PRC, and in the international community over what the status quo is. A full 74 percent of the Taiwanese public agree that "Taiwan is an independent sovereign country"
The re-election of Chen Shui-bian
to the ROC Presidency, led many to conclude that there was a growth in Taiwan independence
sentiment and that a new Taiwanese identity is emerging on the island as opposed to identification with China. In the 2004 ROC Legislative Election, the strategy of the pan-Green coalition
was to try to capitalize on this trend to win a majority in the Legislative Yuan of Taiwan. Among some Taiwanese Independence supporters, it is believed that a pan-green majority could force a crucial referendum for constitutional reform and, perhaps, to further move the island toward de jure independence. Many Taiwanese independence supporters, including former President Lee Teng-Hui
, argued that Taiwan should declare independence before 2008 on the theory that international pressure over the Beijing Olympics would prevent the PRC from using force against Taiwan.
These events in late 2004 caused a great deal of alarm in Beijing. Observers indicated that many in Beijing believed that its policies toward Taiwan had failed both because it did not have sufficient incentives to gain Taiwanese public support for reunification and at the same time, it seemed that many in Taiwan did not take Beijing's stated threats to use force seriously. The ROC government had defined the status quo such a way that a de jure declaration of independence could be argued to not represent a change in the status quo. Some Chinese believe these events lead to the formulation in 2003 and 2004 of the Anti-Secession Law.
In early 2004 a similar, proposed law had already appeared. Titled National Unification Promotion Law of the People's Republic of China
, it was authored by a Chinese academic Yu Yuanzhou (余元洲), a professor from the Jianghan University
in Wuhan
who does not have a formal governmental position, as a suggestion to create formal a legal basis for the People's Republic of China
's unification with Taiwan
. Although no formal legislative action was taken on the document the heavy debate surrounding it and the suggestion that some sort of anti-secession law would be passed was viewed by many in Taiwan as evidence of hostile intent by the PRC government towards Taiwan independence
supporters.
In December 2004 the ROC Legislative elections, although the then ruling DPP party actually increased its share of votes in the legislature and remained the largest single party there, the pan-blue coalition
maintained a razor-thin majority, which surprised many. However, this result may have been less a reflection of popular sentiment than a testament to the effectiveness of the KMT's more frugal nomination of candidates (116) compared with the DPP's over-nomination of candidates (122) and the KMT's rigid party rules for allotment of votes to its candidates within individual districts. This election result ended most prospects of an immediate declaration of independence and also called into question whether there really had been an increase in Taiwanese independence sentiment. Despite this, the PRC proceeded with the drafting of the law. The main reasons given to Western interlocutors was that the PRC leadership believed that its Taiwan policy in the past had been reactive rather than proactive and it was necessary for the PRC to show initiative rather than merely react to events. Furthermore, Beijing expressed residual distrust for Chen Shui-bian. Many Western experts have argued that the PRC's decision-making system was rigid, and that plans put into place to deal with a pan-green victory had simply developed too much momentum to be shut down.
In announcing the drafting of the law in December, 2004, the state press mentioned explicitly that the law was not intended to be applied to Hong Kong
and Macau
.
, negotiation, and resolution of the issue. Article ten sets the date of operation.
Article one states that the aim of the law is to stop the Taiwan independence
movement from splitting the country, and promote reunification
. Stabilizing the Taiwan Straits area, protecting the interests of the Zhonghua Minzu
are also purposes of the law.
Articles two to four outline the PRC government's view of the present political status of Taiwan
. This view is that mainland China and Taiwan belong to one China and that there is only one China and that the sovereignty
of that one China is indivisible; the "Taiwan issue" is a residual problem of the Chinese civil war
and is an internal affair of China.
Article five maintains that the one China principle is the basis for resolution of the issue, and that the State must seek all possibilities of peaceful reunification. The same section also states that, following peaceful reunification, Taiwan will enjoy a high level of autonomy and operate under a system different to mainland China. Although this would appear to be similar to the "one country, two systems
" scheme, highly unpopular in Taiwan, it is not so named. In addition, the law does not explicitly equate China
with the People's Republic of China
(referred to in the law as "the State").
Article six deals with cross-strait relations. It states that in order to maintain peace and stability in the Taiwan straits and to foster cross-strait relations, the State should (1) encourage people-to-people contact to foster closer relations and understanding (2) encourage cross strait economic exchanges (3) encourage scientific and cultural exchanges (4) joint efforts to fight crime and (5) encourage efforts to maintain peace and stability in the Taiwan straits.
Article seven deals with cross-strait negotiation. It states that the State shall support negotiations and consultations on both sides of the straits with equal status, with different modalities, and in differing stages. The topics of such talks can include (1) ending the states of hostilities across the straits (2) developing rules for cross strait relations (3) the means of promoting unification (4) the political status of the Taiwanese authorities, (5) appropriate means by which Taiwan can participate in international organizations, and (6) any other issues relating to unification. There are several notable aspects of this article. First, this is the first time that the PRC has officially spoken of talks between the mainland China and Taiwan occurring in terms of equal status. Second, the condition that Taiwan accept any form of the one China principle is not explicitly mentioned in the text, and the statement that talks can occur in different modalities and in differing stages suggests that Beijing is willing to start at least informal talks without requiring a one China commitment.
Article eight deals with non-peaceful action, and is the article which has caused the most controversy and attention. It states that the State shall use non-peaceful and other necessary means under these alternative conditions: (1) if "Taiwan independence" forces, under whatever name and method, accomplish the fact of Taiwan's separation from China
, (2) or if a major event occurs which would lead to Taiwan's separation from China
, (3) or if all possibility of peaceful unification is lost.
Article nine states that, in the planning and implementation of "non-peaceful and other necessary actions", the State must as much as possible act to protect the persons and property of Taiwanese civilians and foreigners in Taiwan, and to minimise their losses. The State must also protect Taiwanese interests in the PRC.
Under Article 18 of the Basic Law of Hong Kong and similar measures in the Basic Law of Macau, the NPCSC must explicitly designate a law as having force in Hong Kong or Macau for it to be operative there. No such designation was made for this law, which is consistent with statement in the state press that this law would not be directed at Hong Kong or Macau.
reported that the National People's Congress
in its upcoming session would enact an 'anti-secession
law', without specifying further details.
In a rare moment of agreement, politicians in Taiwan from both the Pan-green coalition
and Pan-blue coalition
have reacted negatively towards this development. Some politicians have proposed that the ROC enact an 'anti-annexation law' to counter the proposed PRC law. Various opinion polls have revealed that 80% of Taiwan residents oppose such an 'anti-secession
law' and a majority agree that a defensive referendum
should be held in the advance of such a law to protect the status quo
.
President Chen Shui-bian
commented on the 'anti-secession
law' during his 2005 new year speech: "Such actions will not only unilaterally change the status quo of peace in the Taiwan Strait, but will also pose the greatest threat to regional stability and world peace." Whereas the PRC President Hu Jintao
said "We will definitely not allow anyone to separate Taiwan from China by any means," in his New Year’s Eve speech.
Although the PRC's official English translation of the law is the Anti-Secession Law, the Mainland Affairs Council
on Taiwan has consistently translated it as Anti-Separation law as secession implies that Taiwan is a part of the PRC. The Mainland Affairs Council
and the ROC government has argued that the relationship across the Taiwan strait is not analogous to the situation during the American Civil War
since Taiwan was never part of the PRC. This alternate translation is not commonly found in the international media.
claims that this bill is the PRC's most sincere attempt at resolving the Taiwan issue peacefully (see Political status of Taiwan
). However, Taipei
points to Article 8 as cause for concern. Shortly after the bill was passed, the ROC President Chen Shui-bian
called for a National Security meeting in Taipei to discuss the issue.
One major topic of controversy between Beijing and Taipei is to what degree the law changes the status quo
in the Taiwan straits. Beijing has maintained that the law preserves the status quo and creates no new conditions for the use of force. In contrast, Taipei has argued that the law does change the status quo and gave the People's Liberation Army
a "blank check" to attack Taiwan.
Prior to the passage of the bill, a statement from Taipei's Mainland Affairs Council
and a resolution overwhelming passed by the ROC legislature stated that the status quo is that the Republic of China
is sovereign and independent. The statement and resolution were carefully worded to avoid disagreements between the pan-blue and pan-green coalition over whether the Republic of China
has any residual sovereignty over Mainland China
.
After the law was passed, the Mainland Affairs Council official referred to Beijing's definition of "one China" in the PRC law as fiction. Most of the statements from Taiwan were carefully worded to prevent escalation of already tense cross strait relations.
in a speech outlined a four-point guideline to resolving the issue.
in 2003. These concerns were addressed when a mainland China official stated explicitly the law would not be added to Annex III of the Basic Law, which means that it would not be applicable to Hong Kong. After the passage of the law in March 2005, there was very little reaction in Hong Kong and news of the law was far overshadowed by the resignation of Hong Kong's chief executive, Tung Chee-Hwa.
In Taiwan, the passage of the law was condemned by officials and politicians from both of the main political camps including the Pan-Green Coalition
and the Pan-Blue Coalition
, although there were differences in the content of the criticism. Supporters of the Pan-Green Coalition tended reacted angrily to the spirit and content of the law as purported infringement of what they saw as Taiwanese sovereignty. By contrast, supporters of the Pan-Blue Coalition, while stating that they opposed the law and the threat of force against Taiwan, called for more dialogue with the PRC and pointed to parts of the law in which Beijing showed hitherto unseen flexibility.
Opinion polls indicated a widespread opposition to the law among the general public. Some questioned whether Beijing has the authority to issue such a law as they claim that Taiwan is not under the PRC jurisdiction (See Political status of Taiwan
). The Pan-Green Coalition
, in particular, reacted with distaste and there have been calls for an "anti-annexation law" to be passed by the legislature. However, such a law is unlikely to pass, given that the "pan-blue" control the legislature and that premier Frank Hsieh
of the Pan-Green Coalition
has ruled out officially introducing such legislation. On the other hand, Hsieh pointed out that the PRC law has already infringed the ROC sovereignty and that the situation has compromised ROC sovereignty and thus met the criteria for initiating a "defensive referendum" under the ROC constitution. However, he added that whether a defensive referendum would be invoked is under the discretion of the ROC president.
A protest march against the PRC law took place on March 26 and it was widely reported that one million Taiwanese participated in the protest. Both the former President Lee Teng-hui
and President Chen Shui-bian joined the march. However, Chen Shui-bian announced in advance that he would only attend the march without giving a speech. On the other hand, most politicians from the Pan-Blue Coalition
did not participate in any protest march, although they claimed that they would not dissuade their supporters from attending if they ever wished. The turnout of the march became a subject of political debate in Taiwan, with the then mayor of Taipei city, Ma Ying-jeou
, downplaying the participant number to around 270,000, while the march organizers claiming the goal of one million participants was reached.
On March 25, 2008, DPP legislators tabled a bill titled "Anti-Annexation Peace Law" at the procedural committee level in the legislature, which would have stated that "Taiwan and China are not subordinate to each other"; that "Taiwan is a sovereign state"; and that "the relationship between Taiwan and China is one between two states". It would have expressed hope that the Taiwan issue be resolved peacefully, but that in the case of the status quo of the Taiwan Strait
being changed, the President would have the power to deal non-peacefully with "China's annexation". The bill was rejected at the procedural committee level by a vote of 11:2 and was not presented to the legislature.
Condoleezza Rice
commented the law as "not necessary", while White House
spokesman Scott McClellan
called its adoption "unfortunate", adding "It does not serve the purpose of peace and stability in the Taiwan Strait". In speaking about the law the United States repeated that it remained supportive of the One China policy as the US defines it, did not support Taiwan independence
, and opposed any unilateral action to change the status quo
. The United States House of Representatives
approved a resolution criticizing the PRC for the approval of the PRC law in Beijing. The resolution expressed grave concern about the law and said the PRC law provides a legal justification for PRC to use force against Taiwan, in its words, altering the status quo in the region.
In response to the enactment of the PRC law, the European Union
issued a statement urging "all sides to avoid any unilateral action that could stoke tensions," and recalled the "constant principles that guide its policy, namely its commitment to the principle of one China and the peaceful resolution of dispute...and its opposition to any use of force." Later, on 14 April 2005, the European Parliament
adopted an own-initiative report by Elmar Brok
MEP, with paragraph 33 stating:
The EU also decided to continue with the arms embargo, which had been imposed upon the PRC after the Tiananmen Square Massacre
and which had been set to expire in 2005.
Japan
ese Prime Minister Junichiro Koizumi
said "I wish both parties would work towards a peaceful resolution and I hope that this law will not have negative effects."
Australian foreign minister Alexander Downer
stated that if war were to occur in the Taiwan Straits, Australia would be required under the ANZUS treaty to consult with the United States but depending on the situation that it would not necessarily commit Australia to war. He said that "we don't think that the PRC should resolve the Taiwan status question militarily, that it has got to be done through negotiations with Taiwan". Downer further commented that Australia would have preferred it had China not passed the anti-secession law.
Several other nations expressed support for the PRC's anti-secession law, including:
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. It was passed by the third conference of the 10th National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
(PRC). It was ratified on March 14, 2005, and went into effect immediately. Hu Jintao
Hu Jintao
Hu Jintao is the current Paramount Leader of the People's Republic of China. He has held the titles of General Secretary of the Communist Party of China since 2002, President of the People's Republic of China since 2003, and Chairman of the Central Military Commission since 2004, succeeding Jiang...
, President of the People's Republic of China
President of the People's Republic of China
The President of the People's Republic of China is a ceremonial office and a part of State organs under the National People's Congress and it is the head of state of the People's Republic of China . The office was created by the 1982 Constitution...
, promulgated the law with Presidential Decree No. 34. Although the law, at ten articles, is relatively short, it was met with much controversy because it formalized the long-standing policy of the People's Republic of China to use "non-peaceful means" against the "Taiwan independence movement" in the event of a declaration of Taiwan independence
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
.
Background
TaiwanTaiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
was formally incorporated into the Qing Dynasty
Qing Dynasty
The Qing Dynasty was the last dynasty of China, ruling from 1644 to 1912 with a brief, abortive restoration in 1917. It was preceded by the Ming Dynasty and followed by the Republic of China....
in 1683. It was then ceded by China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
to Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
in perpetuity in the Treaty of Shimonoseki
Treaty of Shimonoseki
The Treaty of Shimonoseki , known as the Treaty of Maguan in China, was signed at the Shunpanrō hall on April 17, 1895, between the Empire of Japan and Qing Empire of China, ending the First Sino-Japanese War. The peace conference took place from March 20 to April 17, 1895...
of 1895. At the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, it was then surrendered by Japan in 1945 to the Kuomintang
Kuomintang
The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...
(KMT) Administration of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
. After the declaration of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
in 1949, Taiwan and some neighbouring islands continued to be controlled by Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
forces. In its official view, the People's Republic of China (PRC) government considers Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
to be a province of China. According to the PRC, it is the sole legitimate government of China, and thus should also rule Taiwan. According to the PRC argument, the government of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
ceased to represent the sovereignty of China when it lost control of the Chinese mainland between 1949 and 1950. Thus, the PRC argues, the PRC succeeded to the sovereignty of China in 1949-1950, including that over Taiwan, although Taiwan continued to be under the administration of the old Republic of China government.
The official Republic of China (ROC) view is that it did not cease to exist in 1949 and has continued to function as a sovereign political entity in Taiwan to the present day, making the relationship between the PRC and ROC similar to that between other partitioned states (such as North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
and South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
). The PRC's position has been acknowledged by most nations, by adopting some version of the "One-China policy
One-China policy
The One-China policy refers to the policy or view that there is only one state called "China", despite the existence of two governments that claim to be "China"....
", although some nations prefer to take an ambiguous approach on this issue. More extreme advocates of Taiwan independence
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
oppose both the PRC's and the ROC's claim to Taiwan and the legality of the Chinese sovereignty
Legal status of Taiwan
The legal status of Republic of China is a controversial issue which stems from the complex post-Second World War history of Taiwan. Various claims have been made by the People's Republic of China , the Republic of China , and supporters of Taiwan independence over this question, with a variety of...
over Taiwan.
Multiple opinion polls conducted in Taiwan have indicated that there is very little support for immediate unification on the PRC's terms or for an immediate declaration of independence. Polls have also consistently shown that a large majority of Taiwanese would support discussion of reunification
Chinese reunification
Chinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
only if the economic and political systems of the two sides of the straits were comparable. A majority of Taiwanese appear to support the "status quo" but there are different opinions in Taiwanese society, with the PRC, and in the international community over what the status quo is. A full 74 percent of the Taiwanese public agree that "Taiwan is an independent sovereign country"
The re-election of Chen Shui-bian
Chen Shui-bian
Chen Shui-bian is a former Taiwanese politician who was the 10th and 11th-term President of the Republic of China from 2000 to 2008. Chen, whose Democratic Progressive Party has traditionally been supportive of Taiwan independence, ended more than fifty years of Kuomintang rule in Taiwan...
to the ROC Presidency, led many to conclude that there was a growth in Taiwan independence
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
sentiment and that a new Taiwanese identity is emerging on the island as opposed to identification with China. In the 2004 ROC Legislative Election, the strategy of the pan-Green coalition
Pan-Green Coalition
The Pan-Green Coalition or Pan-Green Camp, is an informal political alliance of the Republic of China, commonly known as "Taiwan", consisting of the Democratic Progressive Party , Taiwan Solidarity Union , and the minor Taiwan Independence Party...
was to try to capitalize on this trend to win a majority in the Legislative Yuan of Taiwan. Among some Taiwanese Independence supporters, it is believed that a pan-green majority could force a crucial referendum for constitutional reform and, perhaps, to further move the island toward de jure independence. Many Taiwanese independence supporters, including former President Lee Teng-Hui
Lee Teng-hui
Lee Teng-hui is a politician of the Republic of China . He was the 7th, 8th, and 9th-term President of the Republic of China and Chairman of the Kuomintang from 1988 to 2000. He presided over major advancements in democratic reforms including his own re-election which marked the first direct...
, argued that Taiwan should declare independence before 2008 on the theory that international pressure over the Beijing Olympics would prevent the PRC from using force against Taiwan.
These events in late 2004 caused a great deal of alarm in Beijing. Observers indicated that many in Beijing believed that its policies toward Taiwan had failed both because it did not have sufficient incentives to gain Taiwanese public support for reunification and at the same time, it seemed that many in Taiwan did not take Beijing's stated threats to use force seriously. The ROC government had defined the status quo such a way that a de jure declaration of independence could be argued to not represent a change in the status quo. Some Chinese believe these events lead to the formulation in 2003 and 2004 of the Anti-Secession Law.
In early 2004 a similar, proposed law had already appeared. Titled National Unification Promotion Law of the People's Republic of China
Proposed National Unification Promotion Law
The proposed National Unification Promotion Law of the People's Republic of China is a document that appeared in early 2004 as a suggestion to create formal a legal basis for the People's Republic of China's reunification with Taiwan...
, it was authored by a Chinese academic Yu Yuanzhou (余元洲), a professor from the Jianghan University
Jianghan University
Jianghan University is a university in Wuhan, Hubei, China. Its campus is 1.4 km² large, with an additional 0.5 km² under construction. It lies within the Wuhan Economy and Technology Development Zone by the Lake Sanjiao....
in Wuhan
Wuhan
Wuhan is the capital of Hubei province, People's Republic of China, and is the most populous city in Central China. It lies at the east of the Jianghan Plain, and the intersection of the middle reaches of the Yangtze and Han rivers...
who does not have a formal governmental position, as a suggestion to create formal a legal basis for the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
's unification with Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
. Although no formal legislative action was taken on the document the heavy debate surrounding it and the suggestion that some sort of anti-secession law would be passed was viewed by many in Taiwan as evidence of hostile intent by the PRC government towards Taiwan independence
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
supporters.
In December 2004 the ROC Legislative elections, although the then ruling DPP party actually increased its share of votes in the legislature and remained the largest single party there, the pan-blue coalition
Pan-Blue Coalition
The Pan-Blue Coalition 泛藍聯盟 or Pan-Blue Force is a political alliance in the Republic of China , consisting of the Kuomintang , the People First Party , and the New Party . The name comes from the party colours of the Kuomintang...
maintained a razor-thin majority, which surprised many. However, this result may have been less a reflection of popular sentiment than a testament to the effectiveness of the KMT's more frugal nomination of candidates (116) compared with the DPP's over-nomination of candidates (122) and the KMT's rigid party rules for allotment of votes to its candidates within individual districts. This election result ended most prospects of an immediate declaration of independence and also called into question whether there really had been an increase in Taiwanese independence sentiment. Despite this, the PRC proceeded with the drafting of the law. The main reasons given to Western interlocutors was that the PRC leadership believed that its Taiwan policy in the past had been reactive rather than proactive and it was necessary for the PRC to show initiative rather than merely react to events. Furthermore, Beijing expressed residual distrust for Chen Shui-bian. Many Western experts have argued that the PRC's decision-making system was rigid, and that plans put into place to deal with a pan-green victory had simply developed too much momentum to be shut down.
In announcing the drafting of the law in December, 2004, the state press mentioned explicitly that the law was not intended to be applied to Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
.
Content
The Law is composed of ten articles. Articles one to five are aspirational. Articles six to nine set out in general terms the procedures for promoting cross-strait relationsCross-Strait relations
Cross-Strait relations refers to the relations between People's Republic of China and the Republic of China , which lie to the west and east, repectively, of the Taiwan Strait in the west Pacific Ocean....
, negotiation, and resolution of the issue. Article ten sets the date of operation.
Article one states that the aim of the law is to stop the Taiwan independence
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
movement from splitting the country, and promote reunification
Chinese reunification
Chinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
. Stabilizing the Taiwan Straits area, protecting the interests of the Zhonghua Minzu
Zhonghua minzu
Zhonghua minzu , usually translated as Chinese ethnic groups or Chinese nationality, refers to the modern notion of a Chinese nationality transcending ethnic divisions, with a central identity for China as a whole...
are also purposes of the law.
Articles two to four outline the PRC government's view of the present political status of Taiwan
Political status of Taiwan
The controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
. This view is that mainland China and Taiwan belong to one China and that there is only one China and that the sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
of that one China is indivisible; the "Taiwan issue" is a residual problem of the Chinese civil war
Chinese Civil War
The Chinese Civil War was a civil war fought between the Kuomintang , the governing party of the Republic of China, and the Communist Party of China , for the control of China which eventually led to China's division into two Chinas, Republic of China and People's Republic of...
and is an internal affair of China.
Article five maintains that the one China principle is the basis for resolution of the issue, and that the State must seek all possibilities of peaceful reunification. The same section also states that, following peaceful reunification, Taiwan will enjoy a high level of autonomy and operate under a system different to mainland China. Although this would appear to be similar to the "one country, two systems
One country, two systems
"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
" scheme, highly unpopular in Taiwan, it is not so named. In addition, the law does not explicitly equate China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
with the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
(referred to in the law as "the State").
Article six deals with cross-strait relations. It states that in order to maintain peace and stability in the Taiwan straits and to foster cross-strait relations, the State should (1) encourage people-to-people contact to foster closer relations and understanding (2) encourage cross strait economic exchanges (3) encourage scientific and cultural exchanges (4) joint efforts to fight crime and (5) encourage efforts to maintain peace and stability in the Taiwan straits.
Article seven deals with cross-strait negotiation. It states that the State shall support negotiations and consultations on both sides of the straits with equal status, with different modalities, and in differing stages. The topics of such talks can include (1) ending the states of hostilities across the straits (2) developing rules for cross strait relations (3) the means of promoting unification (4) the political status of the Taiwanese authorities, (5) appropriate means by which Taiwan can participate in international organizations, and (6) any other issues relating to unification. There are several notable aspects of this article. First, this is the first time that the PRC has officially spoken of talks between the mainland China and Taiwan occurring in terms of equal status. Second, the condition that Taiwan accept any form of the one China principle is not explicitly mentioned in the text, and the statement that talks can occur in different modalities and in differing stages suggests that Beijing is willing to start at least informal talks without requiring a one China commitment.
Article eight deals with non-peaceful action, and is the article which has caused the most controversy and attention. It states that the State shall use non-peaceful and other necessary means under these alternative conditions: (1) if "Taiwan independence" forces, under whatever name and method, accomplish the fact of Taiwan's separation from China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, (2) or if a major event occurs which would lead to Taiwan's separation from China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, (3) or if all possibility of peaceful unification is lost.
Article nine states that, in the planning and implementation of "non-peaceful and other necessary actions", the State must as much as possible act to protect the persons and property of Taiwanese civilians and foreigners in Taiwan, and to minimise their losses. The State must also protect Taiwanese interests in the PRC.
Under Article 18 of the Basic Law of Hong Kong and similar measures in the Basic Law of Macau, the NPCSC must explicitly designate a law as having force in Hong Kong or Macau for it to be operative there. No such designation was made for this law, which is consistent with statement in the state press that this law would not be directed at Hong Kong or Macau.
Development
In December 2004, the PRC state news agency XinhuaXinhua News Agency
The Xinhua News Agency is the official press agency of the government of the People's Republic of China and the biggest center for collecting information and press conferences in the PRC. It is the largest news agency in the PRC, ahead of the China News Service...
reported that the National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
in its upcoming session would enact an 'anti-secession
Secession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
law', without specifying further details.
In a rare moment of agreement, politicians in Taiwan from both the Pan-green coalition
Pan-Green Coalition
The Pan-Green Coalition or Pan-Green Camp, is an informal political alliance of the Republic of China, commonly known as "Taiwan", consisting of the Democratic Progressive Party , Taiwan Solidarity Union , and the minor Taiwan Independence Party...
and Pan-blue coalition
Pan-Blue Coalition
The Pan-Blue Coalition 泛藍聯盟 or Pan-Blue Force is a political alliance in the Republic of China , consisting of the Kuomintang , the People First Party , and the New Party . The name comes from the party colours of the Kuomintang...
have reacted negatively towards this development. Some politicians have proposed that the ROC enact an 'anti-annexation law' to counter the proposed PRC law. Various opinion polls have revealed that 80% of Taiwan residents oppose such an 'anti-secession
Secession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
law' and a majority agree that a defensive referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
should be held in the advance of such a law to protect the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
.
President Chen Shui-bian
Chen Shui-bian
Chen Shui-bian is a former Taiwanese politician who was the 10th and 11th-term President of the Republic of China from 2000 to 2008. Chen, whose Democratic Progressive Party has traditionally been supportive of Taiwan independence, ended more than fifty years of Kuomintang rule in Taiwan...
commented on the 'anti-secession
Secession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
law' during his 2005 new year speech: "Such actions will not only unilaterally change the status quo of peace in the Taiwan Strait, but will also pose the greatest threat to regional stability and world peace." Whereas the PRC President Hu Jintao
Hu Jintao
Hu Jintao is the current Paramount Leader of the People's Republic of China. He has held the titles of General Secretary of the Communist Party of China since 2002, President of the People's Republic of China since 2003, and Chairman of the Central Military Commission since 2004, succeeding Jiang...
said "We will definitely not allow anyone to separate Taiwan from China by any means," in his New Year’s Eve speech.
Although the PRC's official English translation of the law is the Anti-Secession Law, the Mainland Affairs Council
Mainland Affairs Council
The Mainland Affairs Council is a cabinet-level administrative agency under the Executive Yuan of the Republic of China. The MAC is responsible for the planning, development, and implementation of policies between the Free Area of the Republic of China, commonly known as Taiwan, and the People's...
on Taiwan has consistently translated it as Anti-Separation law as secession implies that Taiwan is a part of the PRC. The Mainland Affairs Council
Mainland Affairs Council
The Mainland Affairs Council is a cabinet-level administrative agency under the Executive Yuan of the Republic of China. The MAC is responsible for the planning, development, and implementation of policies between the Free Area of the Republic of China, commonly known as Taiwan, and the People's...
and the ROC government has argued that the relationship across the Taiwan strait is not analogous to the situation during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
since Taiwan was never part of the PRC. This alternate translation is not commonly found in the international media.
Reaction
BeijingBeijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
claims that this bill is the PRC's most sincere attempt at resolving the Taiwan issue peacefully (see Political status of Taiwan
Political status of Taiwan
The controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
). However, Taipei
Taipei
Taipei City is the capital of the Republic of China and the central city of the largest metropolitan area of Taiwan. Situated at the northern tip of the island, Taipei is located on the Tamsui River, and is about 25 km southwest of Keelung, its port on the Pacific Ocean...
points to Article 8 as cause for concern. Shortly after the bill was passed, the ROC President Chen Shui-bian
Chen Shui-bian
Chen Shui-bian is a former Taiwanese politician who was the 10th and 11th-term President of the Republic of China from 2000 to 2008. Chen, whose Democratic Progressive Party has traditionally been supportive of Taiwan independence, ended more than fifty years of Kuomintang rule in Taiwan...
called for a National Security meeting in Taipei to discuss the issue.
One major topic of controversy between Beijing and Taipei is to what degree the law changes the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
in the Taiwan straits. Beijing has maintained that the law preserves the status quo and creates no new conditions for the use of force. In contrast, Taipei has argued that the law does change the status quo and gave the People's Liberation Army
People's Liberation Army
The People's Liberation Army is the unified military organization of all land, sea, strategic missile and air forces of the People's Republic of China. The PLA was established on August 1, 1927 — celebrated annually as "PLA Day" — as the military arm of the Communist Party of China...
a "blank check" to attack Taiwan.
Prior to the passage of the bill, a statement from Taipei's Mainland Affairs Council
Mainland Affairs Council
The Mainland Affairs Council is a cabinet-level administrative agency under the Executive Yuan of the Republic of China. The MAC is responsible for the planning, development, and implementation of policies between the Free Area of the Republic of China, commonly known as Taiwan, and the People's...
and a resolution overwhelming passed by the ROC legislature stated that the status quo is that the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
is sovereign and independent. The statement and resolution were carefully worded to avoid disagreements between the pan-blue and pan-green coalition over whether the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
has any residual sovereignty over Mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
.
After the law was passed, the Mainland Affairs Council official referred to Beijing's definition of "one China" in the PRC law as fiction. Most of the statements from Taiwan were carefully worded to prevent escalation of already tense cross strait relations.
Reaction in mainland China
Reaction in the PRC was mostly consistent. State media and the Beijing leadership all stood firmly behind the new law and vowed never to allow anyone, using any means, to "separate Taiwan from China", in any name. The PRC parliament voted in favor of the law 2,896 to zero, with two abstentions. In the run-up to the law's ratification, state media in the PRC accused those in Taiwan in favour of Taiwan independence of creating hostility to the new law and of confusing the Taiwanese into thinking that the law had hostile intent. Prior to passing the law, Hu JintaoHu Jintao
Hu Jintao is the current Paramount Leader of the People's Republic of China. He has held the titles of General Secretary of the Communist Party of China since 2002, President of the People's Republic of China since 2003, and Chairman of the Central Military Commission since 2004, succeeding Jiang...
in a speech outlined a four-point guideline to resolving the issue.
Reaction in Hong Kong
At the time the unification law was proposed by legal scholar Yu Yuanzhou, the press in Hong Kong expressed concern that it would be legislation by stealth the anti-treason or anti-secession provision of the Basic Law Article 23 legislationHong Kong Basic Law Article 23
Hong Kong Basic Law Article 23 is the basis of a security law proposed by the Government of Hong Kong. It states:On 24 September 2002 the government released its proposals for the anti-subversion law. It is the cause of considerable controversy and division in Hong Kong, which operates as a...
in 2003. These concerns were addressed when a mainland China official stated explicitly the law would not be added to Annex III of the Basic Law, which means that it would not be applicable to Hong Kong. After the passage of the law in March 2005, there was very little reaction in Hong Kong and news of the law was far overshadowed by the resignation of Hong Kong's chief executive, Tung Chee-Hwa.
Reaction in Taiwan
Pan-Green Coalition
The Pan-Green Coalition or Pan-Green Camp, is an informal political alliance of the Republic of China, commonly known as "Taiwan", consisting of the Democratic Progressive Party , Taiwan Solidarity Union , and the minor Taiwan Independence Party...
and the Pan-Blue Coalition
Pan-Blue Coalition
The Pan-Blue Coalition 泛藍聯盟 or Pan-Blue Force is a political alliance in the Republic of China , consisting of the Kuomintang , the People First Party , and the New Party . The name comes from the party colours of the Kuomintang...
, although there were differences in the content of the criticism. Supporters of the Pan-Green Coalition tended reacted angrily to the spirit and content of the law as purported infringement of what they saw as Taiwanese sovereignty. By contrast, supporters of the Pan-Blue Coalition, while stating that they opposed the law and the threat of force against Taiwan, called for more dialogue with the PRC and pointed to parts of the law in which Beijing showed hitherto unseen flexibility.
Opinion polls indicated a widespread opposition to the law among the general public. Some questioned whether Beijing has the authority to issue such a law as they claim that Taiwan is not under the PRC jurisdiction (See Political status of Taiwan
Political status of Taiwan
The controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
). The Pan-Green Coalition
Pan-Green Coalition
The Pan-Green Coalition or Pan-Green Camp, is an informal political alliance of the Republic of China, commonly known as "Taiwan", consisting of the Democratic Progressive Party , Taiwan Solidarity Union , and the minor Taiwan Independence Party...
, in particular, reacted with distaste and there have been calls for an "anti-annexation law" to be passed by the legislature. However, such a law is unlikely to pass, given that the "pan-blue" control the legislature and that premier Frank Hsieh
Frank Hsieh
Frank Hsieh Chang-ting is a Taiwanese politician of the Democratic Progressive Party in the Republic of China. He was the mayor of Kaohsiung City until his appointment as President of the Executive Yuan by president Chen Shui-bian on February 1, 2005. He announced his resignation from the post of...
of the Pan-Green Coalition
Pan-Green Coalition
The Pan-Green Coalition or Pan-Green Camp, is an informal political alliance of the Republic of China, commonly known as "Taiwan", consisting of the Democratic Progressive Party , Taiwan Solidarity Union , and the minor Taiwan Independence Party...
has ruled out officially introducing such legislation. On the other hand, Hsieh pointed out that the PRC law has already infringed the ROC sovereignty and that the situation has compromised ROC sovereignty and thus met the criteria for initiating a "defensive referendum" under the ROC constitution. However, he added that whether a defensive referendum would be invoked is under the discretion of the ROC president.
A protest march against the PRC law took place on March 26 and it was widely reported that one million Taiwanese participated in the protest. Both the former President Lee Teng-hui
Lee Teng-hui
Lee Teng-hui is a politician of the Republic of China . He was the 7th, 8th, and 9th-term President of the Republic of China and Chairman of the Kuomintang from 1988 to 2000. He presided over major advancements in democratic reforms including his own re-election which marked the first direct...
and President Chen Shui-bian joined the march. However, Chen Shui-bian announced in advance that he would only attend the march without giving a speech. On the other hand, most politicians from the Pan-Blue Coalition
Pan-Blue Coalition
The Pan-Blue Coalition 泛藍聯盟 or Pan-Blue Force is a political alliance in the Republic of China , consisting of the Kuomintang , the People First Party , and the New Party . The name comes from the party colours of the Kuomintang...
did not participate in any protest march, although they claimed that they would not dissuade their supporters from attending if they ever wished. The turnout of the march became a subject of political debate in Taiwan, with the then mayor of Taipei city, Ma Ying-jeou
Ma Ying-jeou
Ma Ying-jeou is the 12th term and current President of the Republic of China , commonly known as Taiwan, and the Chairman of the Kuomintang Party, also known as the Chinese Nationalist Party. He formerly served as Justice Minister from 1993 to 1996, Mayor of Taipei from 1998 to 2006, and Chairman...
, downplaying the participant number to around 270,000, while the march organizers claiming the goal of one million participants was reached.
On March 25, 2008, DPP legislators tabled a bill titled "Anti-Annexation Peace Law" at the procedural committee level in the legislature, which would have stated that "Taiwan and China are not subordinate to each other"; that "Taiwan is a sovereign state"; and that "the relationship between Taiwan and China is one between two states". It would have expressed hope that the Taiwan issue be resolved peacefully, but that in the case of the status quo of the Taiwan Strait
Taiwan Strait
The Taiwan Strait or Formosa Strait, formerly known as the Black Ditch, is a 180-km-wide strait separating Mainland China and Taiwan. The strait is part of the South China Sea and connects to East China Sea to the northeast...
being changed, the President would have the power to deal non-peacefully with "China's annexation". The bill was rejected at the procedural committee level by a vote of 11:2 and was not presented to the legislature.
International response
United States Secretary of StateUnited States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
Condoleezza Rice
Condoleezza Rice
Condoleezza Rice is an American political scientist and diplomat. She served as the 66th United States Secretary of State, and was the second person to hold that office in the administration of President George W. Bush...
commented the law as "not necessary", while White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
spokesman Scott McClellan
Scott McClellan
Scott McClellan is a former White House Press Secretary for President George W. Bush, and author of a controversial No. 1 New York Times bestseller about the Bush Administration titled What Happened. He replaced Ari Fleischer as press secretary in July 2003 and served until May 10, 2006...
called its adoption "unfortunate", adding "It does not serve the purpose of peace and stability in the Taiwan Strait". In speaking about the law the United States repeated that it remained supportive of the One China policy as the US defines it, did not support Taiwan independence
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
, and opposed any unilateral action to change the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
. The United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
approved a resolution criticizing the PRC for the approval of the PRC law in Beijing. The resolution expressed grave concern about the law and said the PRC law provides a legal justification for PRC to use force against Taiwan, in its words, altering the status quo in the region.
In response to the enactment of the PRC law, the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
issued a statement urging "all sides to avoid any unilateral action that could stoke tensions," and recalled the "constant principles that guide its policy, namely its commitment to the principle of one China and the peaceful resolution of dispute...and its opposition to any use of force." Later, on 14 April 2005, the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
adopted an own-initiative report by Elmar Brok
Elmar Brok
Elmar Brok is a German Member of the European Parliament and the former Chairman of the European Parliament Committee on Foreign Affairs. He was elected on the CDU ticket and sits with the European People's Party group...
MEP, with paragraph 33 stating:
- [The European Parliament expresses] its deepest concern at the large number of missiles in southern China aimed across the Taiwan Straits and at the so-called "anti-secession law" of the People's Republic of China that in an unjustified way aggravates the situation across the Straits; calls on the People's Republic of China and on the R.O.C. in Taiwan to resume political talks on the basis of mutual understanding and recognition in order to promote stability, democracy, human rights and the rule of law in east Asia.
The EU also decided to continue with the arms embargo, which had been imposed upon the PRC after the Tiananmen Square Massacre
Tiananmen Square protests of 1989
The Tiananmen Square protests of 1989, also known as the June Fourth Incident in Chinese , were a series of demonstrations in and near Tiananmen Square in Beijing in the People's Republic of China beginning on 15 April 1989...
and which had been set to expire in 2005.
Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese Prime Minister Junichiro Koizumi
Junichiro Koizumi
is a Japanese politician who served as Prime Minister of Japan from 2001 to 2006. He retired from politics when his term in parliament ended.Widely seen as a maverick leader of the Liberal Democratic Party , he became known as an economic reformer, focusing on Japan's government debt and the...
said "I wish both parties would work towards a peaceful resolution and I hope that this law will not have negative effects."
Australian foreign minister Alexander Downer
Alexander Downer
Alexander John Gosse Downer is a former Australian Liberal Party politician who was Foreign Minister of Australia from March 1996 to December 2007, the longest-serving in Australian history...
stated that if war were to occur in the Taiwan Straits, Australia would be required under the ANZUS treaty to consult with the United States but depending on the situation that it would not necessarily commit Australia to war. He said that "we don't think that the PRC should resolve the Taiwan status question militarily, that it has got to be done through negotiations with Taiwan". Downer further commented that Australia would have preferred it had China not passed the anti-secession law.
Several other nations expressed support for the PRC's anti-secession law, including:
- CISCommonwealth of Independent StatesThe Commonwealth of Independent States is a regional organization whose participating countries are former Soviet Republics, formed during the breakup of the Soviet Union....
nations: RussiaRussiaRussia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, BelarusBelarusBelarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
, UzbekistanUzbekistanUzbekistan , officially the Republic of Uzbekistan is a doubly landlocked country in Central Asia and one of the six independent Turkic states. It shares borders with Kazakhstan to the west and to the north, Kyrgyzstan and Tajikistan to the east, and Afghanistan and Turkmenistan to the south....
, AzerbaijanAzerbaijanAzerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to... - Latin AmericaLatin AmericaLatin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n nations: CubaCubaThe Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
, VenezuelaVenezuelaVenezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
, and DominicaDominicaDominica , officially the Commonwealth of Dominica, is an island nation in the Lesser Antilles region of the Caribbean Sea, south-southeast of Guadeloupe and northwest of Martinique. Its size is and the highest point in the country is Morne Diablotins, which has an elevation of . The Commonwealth...
.
- AsiaAsiaAsia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
n nations: IndonesiaIndonesiaIndonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
, CambodiaCambodiaCambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
, NepalNepalNepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
, SyriaSyriaSyria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
, PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
- Others: EthiopiaEthiopiaEthiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
See also
- Political status of TaiwanPolitical status of TaiwanThe controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
- Chinese reunificationChinese reunificationChinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
- Taiwan Relations ActTaiwan Relations ActThe Taiwan Relations Act is an act of the United States Congress passed in 1979 after the establishment of diplomatic relations with the People's Republic of China and the breaking of relations between the United States and the Republic of China on the island of Taiwan by President Jimmy Carter...
- Taiwan ProvinceTaiwan ProvinceTaiwan Province is one of the two administrative divisions referred to as provinces and is controlled by the Republic of China . The province covers approximately 73% of the territory controlled by the Republic of China...
- Taiwan Province, People's Republic of China
- Proposed National Unification Promotion LawProposed National Unification Promotion LawThe proposed National Unification Promotion Law of the People's Republic of China is a document that appeared in early 2004 as a suggestion to create formal a legal basis for the People's Republic of China's reunification with Taiwan...
- Canadian Bill C-20Clarity ActThe Clarity Act is legislation passed by the Parliament of Canada that established the conditions under which the Government of Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces. The Clarity Bill was tabled for first reading in the...
(law regulating a possible declaration of independence of Quebec) - SecessionSecessionSecession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
External links
- Report of Wen Jiabao on drafting and passing the law
- BBC News: China to enact anti-secession law (2004-12-19); BBC News: Taiwanese protest at China bill (2005-02-28); BBC News: China unveils controversial law; also: http://news.bbc.co.uk/1/hi/world/asia-pacific/4327997.stm, http://news.bbc.co.uk/1/hi/world/asia-pacific/4328405.stm, http://news.bbc.co.uk/1/hi/world/asia-pacific/4346283.stm, http://news.bbc.co.uk/1/hi/world/asia-pacific/4346629.stm (all BBC)
- Taiwan News: Reaction in Taiwan
- Full text of the anti-secession law in English
- Wikinews:Hundreds of thousands protest anti-secession law in Taiwan
- People's Daily: Anti-secession Law will not be applied in Hong Kong and Macau (in Traditional Chinese)
- Xinhua: Anti-secession Law will not be applied in Hong Kong and Macau (in Simplified Chinese)