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United Nations General Assembly Resolution 2758

 

United Nations General Assembly Resolution 2758

The United Nations General Assembly Resolution 2758 was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China's representation in the UN be determined by a two-thirds vote referring to Article 18[1] of the UN Charter. The resolution, passed in October 25, 1971, recognized the People's Republic of China (PRC) as "the only legitimate representative of China to the United Nations" and expelled "the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations."[2] This motion came after US President Richard Nixon's announcement on July 15, 1971 of planning to visit Mainland China, which created an unfavorable climate[3] for Republic of China's bid to remain in the UN. The General Assembly admitted People's Republic of China with a two-thirds super majority of votes. This resolution remains a point of contention on the political status of Taiwan and the United Nations Charter.

Contents

  • History 1
  • Controversy 2
  • See also 3
  • References 4
  • External links 5

History

The close of fighting in World War II in the Pacific in 1945 saw the Republic of China government, represented by its governing party, the Kuomintang (KMT, Chinese Nationalist Party), having jurisdiction over mainland China and Taiwan. Four years later, the Chinese Civil War resulted in the Communists in control of mainland China and the Nationalists in control of Taiwan. The Communists declared the People's Republic of China (PRC) as the successor state of the Republic of China (ROC), while the Nationalists championed the continued existence of the Republic of China as the sole legitimate Chinese government. In the context of the Cold War, both sides claimed to be the only legitimate Chinese government, and each side refused to maintain diplomatic relations with countries that officially recognized the other side.

Article 3 of the UN Charter provides:

The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110.

Additionally, the Republic of China had signed and ratified the Vienna Convention on Diplomatic Relations on April 18, 1961 and December 19, 1969 respectively. However, by the late 1960s concerns regarding human rights surged, turning the tables of the situation. It was now the Taipei government that was becoming increasingly isolated, while "Red China" slowly abandoned its ostracism.

On 15 July 1971, 17 UN members requested that a question of the "Restoration of the lawful rights of the People's Republic of China in the United Nations" be placed on the provisional agenda of the twenty-sixth session of the UN General Assembly, claiming that the PRC, a "founding member of the United Nations and a permanent member of the Security Council, had since 1949 been refused by systematic maneuvers the right to occupy the seat to which it is entitled ipso jure".

On 25 September 1971, a draft resolution, A/L.630 and Add.l and 2, was submitted by 23 states including 17 of the states which had joined in placing the question on the agenda, to "restore to the People's Republic of China all its rights and expel forthwith the representatives of Chiang Kai-shek."

On 29 September 1971, another draft resolution, A/L.632 and Add.l and 2, sponsored by 22 members, was proposed declaring that any proposal to deprive the Republic of China of representation was an important question under Article 18 of the UN Charter, and thus would require a two-thirds supermajority for approval. A/L.632 and Add.l and 2 was rejected on 25 October 1971 by a vote of 59 to 55, with 15 abstentions.

Voting situation in the UN general assembly respect to resolution 2758 (1971).

On 25 October 1971, the Liu Chieh, then withdrew and after that the PRC ambassador to the UN, Qiao Guanhua and the delegation entered the hall. According to the One China policy, the ROC is no longer represented in the UN and the UN recognizes the PRC as the legal government of China.

On 23 July 2007, the UN rejected Taiwan's membership bid to "join the UN under the name of Taiwan", citing Resolution 2758 as acknowledging that Taiwan is part of China.[4] Since Resolution 2758 makes no mention of Taiwan, Ban Ki-moon's interpretation to this effect came under fire from the American media.[5] An unconfirmed report by the Heritage Foundation also suggests that the US government objected to the Secretary-General's statement. The US did not make any public pronouncement on the matter. Nevertheless, Secretary-General Ban Ki-moon's statement reflected long-standing UN policy and is mirrored in other documents promulgated by the United Nations. For example, the UN's "Final Clauses of Multilateral Treaties, Handbook", 2003 (a publication which predated his tenure in Office) states:

...regarding the Taiwan Province of China, the Secretary-General follows the General Assembly’s guidance incorporated in resolution 2758 (XXVI)of the General Assembly of 25 October 1971 on the restoration of the lawful rights of the People’s Republic of China in the United Nations. The General Assembly decided to recognize the representatives of the Government of the People’s Republic of China as the only legitimate representatives of China to the United Nations. Hence, instruments received from the Taiwan Province of China will not be accepted by the Secretary-General in his capacity as depositary.[6]

Controversy

Some viewpoints assert that Resolution 2758 has solved the issue of "China's representation" in the United Nations, but left the issue of Taiwan's representation unresolved in a practical sense. The ROC government continues to hold control over Taiwan and other islands. While the PRC claims sovereignty over all of China and claims that Taiwan is part of China, it does not exercise sovereignty over Taiwan, and has never done so. President Ma Ying-jeou said, "The Republic of China is a sovereign country, and mainland China is part of our territory according to the Constitution. Therefore, our relations with the mainland are not international relations. It is a special relationship".[7]

On the other hand, although policy has changed, and the ROC Government now focuses on representing the interests of the island of Taiwan, formally, the ROC still claims to be the Chinese State, and thus its juridical claim to the right to govern the whole of China still holds. Most importantly, although Taiwan has been governed by the ROC as a de facto separate country, de jure Taiwan was not awarded to China in the post-WWII San Francisco Peace Treaty. The pursuit of independence from China is a controversial issue in Taiwanese politics.

The ROC framed the issue as one involving "the expulsion of a member". The Resolution has been criticized as illegal by the Republic of China government, since expulsion of a member requires the recommendation of the Security Council and can only occur if a nation "has persistently violated the Principles contained in the present Charter," according to Article 6.

The Government Information Office of the Republic of China asserts:[8]

So flawed is this Resolution that only its effective repeal by the General Assembly can provide any hope of expunging the stain on the U.N.’s escutcheon in the international system. Taiwan partially adopted this strategy, and attempted to begin a debate on the repeal of Resolution 2758 during the Fifty-Second General Assembly. Although turned aside in 1997 by the P.R.C.’s energetic diplomatic lobbying, the issue of the R.O.C.’s status at the U.N. will not disappear.

Taiwan President Chen Shui-bian, who supported Taiwan independence, stated that Taiwan attempted to apply for membership under the name "Taiwan", saying, "as to its return to the United Nations, the Government has made it clear that it no longer claims to represent all of China, but that it seeks representation only for its 21.8 million people".[9] However, the current ROC administration under Ma Ying-jeou has dropped attempts to join UN as a new member state.

The Denial of UN membership to Taiwan is considered by some due to China's exercise of power.[10]

See also

References

  1. ^ http://www.un.org/en/documents/charter/chapter4.shtml
  2. ^ United Nations General Assembly Session 26 Resolution 2758. A/RES/2758(XXVI) Restoration of the lawful rights of the People's Republic of China in the United Nations page 1. 25 October 1971. Retrieved 2008-10-07.
  3. ^ http://www.diplomatie.gouv.fr/fr/IMG/pdf/ONU_edward_keefer.pdf
  4. ^ News.bbc.co.uk 2007
  5. ^ Wall Street Journal Commentary, August 13, 2007
  6. ^ , United Nations, 2003"Final Clauses of Multilateral Treaties, Handbook"
  7. ^ Ma accused of 'lying' about relations
  8. ^ New Directions for the Chen Administration on Taiwanese Representation in the United Nations. July 1, 2000. American Enterprise Institute. URL Accessed June 26, 2006
  9. ^ United Nations General Assembly Session 53 Document 145. A/53/145 Request for the inclusion of an item in the provisional agenda of the fifty-third session - Need to review General Assembly resolution 2758 (XXVI) of 25 October 1971 owing to the fundamental change in the international situation and to the coexistence of two Governments across the Taiwan Strait 8 July 1998. Retrieved 2008-10-07.
  10. ^ Becky Shelley (17 December 2004). Democratic Development in East Asia. Routledge. p. 51.  

External links

  • Taiwan, U.N. Me
  • Vienna Convention on Diplomatic Relations signed and ratified by Republic of China
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