CHINA'S hawks and doves seem to
have found in the anti-secession law, adopted on
March 14, a delicate compromise. But it is clear
to both sides that while the new legislation is effective
in preventing separatism, it is insufficient to bring
about unification with Taiwan.
Still, the Chinese military is
happy to have a law that draws a"" red
line'' limiting the separatist activities of the
Taiwanese
authorities. In particular, they are happy with the provision, specified
in Article 8,allowing for the use of non-peaceful means,
because it is entirely subject to Beijing's interpretation whether"" possibilities
for a peaceful reunification'' are ""completely
exhausted''.
""Should they cross
the line, the law empowers us to take whatever
means necessary to bring Taiwan back to our fold,''
said an army delegate to the National People's
Congress, the Chinese parliament, whose annual
session has just ended.
People's Liberation Army (PLA)
delegates said that in the past 10 years Beijing
had been extremely passive in its response to mounting
secessionist activities in Taiwan and that this
had frustrated the military.
""The new law ends the
practice of listening to what (Taiwanese President)
Chen Shui-bian says and observing what he does.
From now on, it is watch what he does but listen
to what I say,'' one delegate was quoted as having
said in the People's Daily's account of the closed-door
debate.
""Although the law will
not proactively bring about unification, it will
put a stop to Taiwan's continual drift away from
China,''
said another.
Dovish politicians are also happy
with the law because it is more placatory and less
belligerent than what most had been expecting.
Significantly, Section 6 of Article 7, which states
that Beijing is willing to discuss with Taipei
any matters related to unification, opens up huge
possibilities for both sides to explore.
""What Beijing should
do now is to follow up with a policy statement
offering some of its flexible approaches so as
to make
unification more attractive to the Taiwanese,'' said Dr Yu Yuanzhou,
associate professor at the Institute of Political Science and Law of
Jianghan University in Wuhan.
""The greatest flexibility
of the law is found in Section 6 of Article 7,
which does not preclude any form of reunion as
long as it
is consistent with the "one China' principle,'' he explained. Dr
Yu conducts research into the legal aspects of the unification
process. He was also the first person in China to propose a draft law
on national unification, as early as in 2001. His work attracted the
attention of China's top leadership. As a result, when then-vice-president
Hu Jintao met Chinese-American community leaders during his visit to
the United States in 2002, he disclosed that Beijing was seriously considering
drafting a national unification law.
Premier Wen Jiabao also hinted
that Beijing was considering such legislation when
he visited London last year.
One concession Beijing could make
immediately is to tell Taiwan that it is ready
to drop its name the People's Republic of China
(PRC) if Taiwan agrees to follow suit and discard
its official title the Republic of China (ROC).
The remaining common denominator for both would
then be ""China''.
If Taiwan is agreeable to this
proposal, unification would be considered to have
been achieved, leaving the details to be thrashed
out later.
Dr Yu said that it is no secret
among those in the know that Beijing is willing
to do this, if the other side responds
positively.
According to Mr Li Jiaquan, former
director of the Taiwan Institute of the Chinese
Academy of Social Sciences, Mao Zedong himself
once said that he regretted changing the name of
the country from ROC to PRC, which later creat
ed the problem of ""two Chinas''.
The late Deng Xiaoping had also
suggested making changes to the official title.
The then Chinese Communist Party's
general secretary, Hu Yaobang, told veteran journalist
Lu Keng that both Beijing and Taipei could drop
the letters ""PR'' and ""RO''
respectively, retaining the common letter ""C''
as a means of achieving unification.
In this way, neither side would
be subjugating the other.
During former president Jiang
Zemin's time, the same idea was raised. When he
met a Taiwanese delegation on Oct 29, 2000, he
spelt out clearly that Beijing was willing to change
the name of the country. And if both sides used ""China''
to encompass the mainland and the island, dropping
the ""PR'' and ""RO'' in their
current tags, then the country would be considered
unified.
Citing all these precedents, Dr
Yu said there is no denying Beijing's sincerity.
Yet the proposal never took off because China could
lay this card on the table only when talks with
Taiwan, based on the ""one China'' principle,
began.
And Taiwan could never agree to
start such talks because the moment it did, it
would be capitulating to Beijing's ""one
China'' principle.
Dr Yu, in his suggested national
unification law, had envisaged a loose union of
the PRC and the ROC that would skilfully avoid
the pitfalls of two Chinas.
However, his proposal had been
discarded by the authorities, who favour the anti-secession
law.
So he is now calling on scholars
from both sides to make full use of the flexibility
provided by Section 6 of Article 7 and come up
with other ingenious ways to accommodate the differences
between them.
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