The Republic of China (ROC) has served as a subordinate occupying power in conducting the military occupation of Taiwan since Oct. 25, 1945, and then after moving its central government to occupied Taiwan in mid-December 1949 it became a government in exile. As of Jan. 1, 1979, the United States government no longer diplomatically recognized the ROC as a "legal government." Without a "legal government," Taiwan cannot participate in international organizations or join the United Nations.
PRESS CONFERENCE, FEBRUARY 2, 2008, TAIPEI, TAIWAN
Background: During WWII in the Pacific, Taiwan was part of the Southwest Pacific Theater (not part of the China Theater). The Republic of China (ROC) was entrusted with authority over Formosa and the Pescadores (aka Taiwan) as agent for the Allied Powers, led by the United States. This arrangement was specified in General Order No. 1 of Sept. 2,
1945. Such trust on behalf of the Allied Powers remains in effect today.
Following the acceptance of the surrender of Japanese forces in Taiwan by the representatives of the ROC's Chiang Kai-shek (CKS), Taiwan (Formosa) remained de jure Japanese territory. The ROC government occupied Taiwan on behalf of the Allied Powers (led by the United States) pending a peace treaty with Japan, which would change the legal status of Taiwan. By moving its central government to occupied Taiwan in mid-December 1949, the ROC became a government in exile.
In the post war San Francisco Peace Treaty (SFPT) of April 28, 1952, Japan renounced all right, title, and claim to Formosa and the Pescadores, but no receiving country was specified. Nothing in the SFPT nor in any other treaty ever executed by or between the ROC and the other Allied Powers has altered this trusteeship arrangement.
Article 23 of the SFPT designates the United States as "the principal occupying power" with respect to the territories covered by the SFPT, including Formosa and the Pescadores. Article 4(b) clarifies that United States Military Government (USMG) jurisdiction over Taiwan is active. Following the entry into force of the SFPT, the government of the ROC continued to occupy Taiwan as agent for the United States, "the principal occupying power."
The Treaty of Peace between the ROC and Japan, which was signed on April 28, 1952, and entered into force on August 5, 1952 (the "Treaty of Taipei"), did not transfer sovereignty over Taiwan from Japan to China either.
The SFPT did not terminate the agency relationship between the United States, the principal, and the ROC, the agent, with regard to the occupation and administration of Taiwan. Following the entry into force of the SFPT on April 28, 1952, the ROC did not exercise sovereignty over Taiwan and did not have title to its territory.
After the massacres of February and March 1947, the ROC government instituted currency manipulation measures which further resulted in huge financial losses by native Taiwanese people, and such unfair policies continued over the following decades as well. Additionally, the USMG and the "ROC government in exile" have proceeded with all levels of Taiwanese elections over the past fifty years, which have resulted in the denial of civil rights to native Taiwanese people, and given the false impression that Taiwan is a democratic society, when in fact the Taiwanese people are suffering under the ROC exiled regime.
The current huge financial resources of the Chinese Nationalists (ROC-KMT) are well known, and combined with their near-monopolies in the political, governmental, educational, economic, and media spheres, enable them to brain-wash the local Taiwanese populace into accepting their goals for national development. As a result, most native Taiwanese are seriously confused about their own national identity and the proper direction for educational, judicial, or government reform. Numerous publications of the Preparatory Committee in 2007 and 2008 are serving to reveal the truth of Taiwan's international legal status, so that all local residents can be fully informed.
The international community has already announced many times that "The ROC is not a country", "Taiwan is not a country", "Taiwan is not part of the PRC," etc. etc. Moreover, the Preparatory Committee also wants to announce that "Taiwan does not equal the ROC," and "The ROC does not equal Taiwan." The simple fact is that the ROC has never been recognized by the international community as being the legal government of Taiwan.
As principal organizers of the Preparatory Committee, Roger C. S. Lin and two hundred of his supporters already filed suit in the United States District Court, Washington D.C. on Oct. 24, 2006, charging that the United States government has seriously violated the civil rights of the native Taiwanese people in occupied Taiwan. This case is proceeding at the present time. Additional FOIA Requests have been filed with US government agencies, and numerous previously classified documents on the Taiwan status issue have come to light over the past several months. Additional pressure is being placed on the Dept. of State to recognize native Taiwanese people as "Domestic Aliens" within the framework of the Taiwan Relations Act, and to authorize the issuance of some form of US passports to native Taiwanese persons.
After the completion of the Press Conference on Feb. 2nd, 2008, all forty-eight signature nations of the San Francisco Peace Treaty of 1952 will be formally notified of the actions of our Committee in establishing the Taiwan Civil Government.
PRESS CONFERENCE: Saturday, Feb. 2, 2008, 2:00 pm
Topic: Establishment of the Civil Government of the Taiwan Cession
Location: CSDI/Howard International House
1st Floor, No. 30 Hsin Sheng South Road, Sec. 3, Taipei, Taiwan
Sponsors: Taiwan 228 Victims Association, Taiwan Defense Alliance, Taiwan Nation Party, Farmers' Party, Taiwan Civil Democratic Party, Taiwan Civil Republican Party, New Constitution Alliance, Pan-American Alliance
Roger C. S. Lin (Chinese, Japanese)
Richard Hartzell (English)