`
 
 
 
 
 
 
Taiwenese Rights
 
Denial of Taiwanese Rights of Self-determination Is A Grave Concern to The Taiwanese People

Mr. Holbrooke's calls for a "Fourth Communique" were not very warmly received by many of us in the Taiwan independence movement. As his legal framework of three communiques are "mini-treaties" with Beijing, we feel that it is a grave contravention of the Taiwan status under the legal framework of the San Francisco Peace Treaty and Laws of Land Warfare. Mr. Holbrooke also fails to even recognize that the USA has also made serious legal commitments to Taiwan arising under the SFPT and the Taiwan Relations Act. Not only is the SFPT as international law for Taiwan, it is the supreme law of the land in America under your US Constitution. I think Mr. Holbrooke has a very bad sense of history as he has forgotten that the SFPT was ratified on April 28, 1952, by the US Congress, in accordance with the Laws of Land Warfare. In SFPT, the Imperial Government of Japan surrendered the sovereignty of Formosa in Article 2, but no one has YET been legally designated as the official and final beneficiary of that treaty cession.

Mr. Holbrooke and friends continue to exalt their executive agreements as the surefire mechanisms for handing Taiwan to the China. His editorial communicates that the Fourth Communique is clearly intended to force the Taiwan government into a separate bilateral civil affairs agreement in line with the PRC and USA positions of the "Fourth Communique". This "mini-treaty" is clearly intended to pressure Taiwan into his "resolution" of the status of Taiwan sovereignty under SFPT.

As Mr. Holbrooke has imposed this issue upon the people of Taiwan under SFPT, we in Taiwan must publicly ask the USA about their peace treaty commitments to the people of Taiwan. This Fourth Communique is a treaty action under the Laws of Land Warfare, and we do openly question if this Holbrooke proposal on Taiwan is in accordance with your military regulations on peace treaties as openly found in FM 27-10 Laws of Land Warfare. Denial of our rights of self-determination is a grave concern to the Taiwanese people, and the Fourth Communique would be the gravest of peace treaty contraventions for our unalienable human rights under international law and the Taiwan Relations Act.