US Congress introduces "consent of the people of Taiwan" Resolution

Washington, 7 September 2001

On September 6, on the eve of the 50th Anniversary of the conclusion of the San Francisco Peace Treaty, a resolution in support of Taiwan's self-determination was introduced in the House of Representatives.

The resolution, HCR-221, states that "It is the sense of Congress that "It is United States policy that the future of Taiwan should be resolved peacefully, through a democratic mechanism such as a plebiscite and with the express consent of the people of Taiwan".

The resolution specifically refers to the fact that under the provisions of the 1951 San Francisco Peace Treaty, Japan renounced all right, title and claim to Taiwan, and the status of the island was left undetermined.

The resolution then states that under the universal principle of self-determination as enshrined in Article 1 of the United Nations Charter, the people of Taiwan have the right to determine their own future. It emphasizes that the United States, as a signatory to the UN Charter, supports that fundamental right.

The effort was led by Rep. Bob Wexler (D-FL), and co-sponsored by Reps. Tom Tancredo (R-CO), Mike McNulty (D-NY), Bob Stump (R-AZ), Patrick Kennedy (D-RI), Pete Sessions (R-TX), Steve Chabot (R-OH), Al Wynn (D-MD), Robert Andrews (D-NJ), David Wu (D-OR) Curt Weldon (R-PA), Peter Deutsch (D-FL) and Sherrod Brown (D-OH).

Congressman David Wu (D-OR), an original co-sponsor of the resolution, states: "The United States has a historical and cultural bond with the people of Taiwan. We value democracy, human rights, and the rule of law. I believe it is appropriate and necessary that the United States support Taiwan, our long-time friend, in its right of self-determination."

Below is the full text of the resolution:

United States House of Representatives

106th CONGRESS 2nd Session

House Concurrent Resolution H.R. 221

Expressing the sense of the Congress that it is United States policy that the future of Taiwan should be resolved peacefully, through a democratic mechanism, with the express consent of the people of Taiwan and free from outside threats, intimidation or interference.

• Whereas September 8, 2001, marks the 50th anniversary of the San Francisco Peace Treaty (SFPT);
• Whereas in the SFPT, Japan renounced all right, title and claim to Taiwan;
• Whereas the signatories of the treaty left the status of Taiwan undetermined;
• Whereas the universal principle of self-determination is enshrined in Article 1 of the United Nations Charter;
• Whereas the United States is a signatory of the United Nations Charter;
• Whereas the United States recognizes and supports that a right to self-determination exists as a fundamental right of all peoples, as set forth in numerous United Nations instruments;
• Whereas the people of Taiwan are committed to the principles of freedom, justice, and democracy as evidenced by the March 18, 2000 election of Mr. Chen Shui-bian as Taiwan’s President;
• Whereas in international law, the 1993 Montevideo Convention on Rights and Duties of States defines the qualifications of a nation-state as: a defined territory, a permanent population and a government capable of entering into relations with other states;
• Whereas on February 24, 2000 and March 8, 2000 President Clinton stated: "We will […] continue to make absolutely clear that the issues between Beijing and Taiwan must be resolved peacefully and with the assent of the people of Taiwan;"
• Whereas both the 2000 Republican party platform and the Democratic party platform emphasized and made clear the belief that the future of Taiwan should be determined with the consent of the people of Taiwan;
• Whereas on February 1, 2000, the Taiwan Security Enhancement Act was passed overwhelmingly by the U.S. House of Representatives of which Section 2(4) states, "Any determination of the ultimate status of Taiwan must have the express consent of the people on Taiwan;"
• Whereas Deputy Secretary of State Richard Armitage said in a Senate Foreign Relations Committee hearing on March 16, 2001, that "What has changed is that any eventual agreement that is arrived at has to be acceptable to the majority of the people on Taiwan;"
• Whereas in April 2001 President George W. Bush stated that the United States will help Taiwan defend herself if attacked by China; Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that

1. It is United States policy that the future of Taiwan should be resolved peacefully, through a democratic mechanism such as a plebiscite and with the express consent of the people of Taiwan;
2. It is United States policy that Taiwan’s future must be decided by the people of Taiwan without outside threats, intimidation or interference.