40 Years of Diverging Trajectories: Examining the Taiwan Relations Act and Human Rights

The year was 1979. The United States was still in the midst of the Cold War, but the great-power conflict has become less ideological than it was political. The Carter Administration chose to terminate its formal diplomatic relations with the Republic of China (ROC) regime which governed Taiwan, and recognized the People’s Republic of China (PRC). Just a few years earlier, the United Nations had similarly recognized Beijing as the legitimate representative of China, and removed the personnel from Taipei as they vehemently claim they’re the sole legitimate government of “one China.”

As a measure to maintain US ties with Taiwan, the Taiwan Relations Act (TRA) was adopted as law by the United States Congress on April 10th. It is a policy guidebook on how the United States and Taiwan would maintain a strong partnership despite the lack of formal relations. Its preamble states:

To help maintain peace, security, and stability in the Western Pacific and to promote the foreign policy of the United States by authorizing the continuation of commercial, cultural, and other relations between the people of the United States and the people on Taiwan…be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, the Taiwan Relations Act.

The implementation of the TRA has made a lasting impact on international affairs as we know. It serves as a unwavering beacon for navigating the nuances of US-Taiwan-China relations as well as clarify the standing of Taiwan on the international stage.

With the 40th anniversary of the TRA around the corner, political leaders and policy experts are taking time to pause and reflect on how the TRA has fared. The people of Taiwan and the Taiwanese diaspora are also deeply concerned for the future of the TRA. As the TRA turns 40 this year, a singular question has come into focus in the minds of the people of Taiwan and concerned stakeholders: what is next for the TRA?

Served its purpose, but is it still relevant?

On March 27th roughly a few weeks before the TRA anniversary, two public events took place that signaled the possibility of more profound to come.

In New York City, the Global Taiwan Institute (GTI) and the Foreign Policy Research Institute (FPRI) led a panel at the Taipei Economic and Cultural Office, featuring Senior Fellow for Asia Studies at the Council on Foreign Relations Jerome Cohen, Senior Fellows of FPRI June Teufel Dreyer and Shelley Rigger, Director of the Asia Program at FPRI Jacques de Lisle, and GTI Executive Director Russell Hsiao.

According to Jerome Cohen, the TRA is working well and should be kept because Taiwan is strategically important as Beijing’s influence continues to expand. He noted that Taiwan’s developments in the past 40 years have truly been remarkable, and that the TRA has helped and should continue to “hold the line now” until the Chinese Communist Party becomes more moderate. He argued that this tactic will assist with keeping Taiwan free as well.

Echoing that keeping Taiwan free is of utmost importance, Russell Hsiao shared that maintaining this “hold the line” mindset for the TRA puts Taiwan in a spot where the onus is completely on China. He shared his three key points for the TRA moving forward to address this issue: recalibrate, be more proactive instead of reactive, and to have a destination. The TRA needs more clarity because China continues to change the status quo and destabilize cross-strait relations. Because of the TRA’s current reactive text, it has not been suitable in being proactive in facing such challenges. While the TRA has been successful in its own manner, it focuses too much on the process but not on an ultimate or specific outcome.

In Washington DC, The Heritage Foundation hosted a dialogue featuring Taiwan’s president Tsai Ing-wen via video conference, founder of The Heritage Foundation Edwin J Feulner Ph.D., and United States Senator Cory Gardner and Congressman Ted Yoho. One of the authors of the TRA, former Congressman Lester Wolff, was in attendance as an audience member. The event was held with a specific focus on Taiwan’s contributions to the Indo-Pacific region, while also firmly highlighting the potential for US and Taiwan to further strengthen their bilateral relations based on their shared values and common goals.

Addressing an audience of academics, policy leaders and officials gathered at The Heritage Foundation’s headquarters, President Tsai firmly pushed forward Taiwan’s commitment to democracy, regional prosperity and collective security in the Indo-Pacific region:

We are a democracy and the only democratic Chinese-speaking country in the world… We are proud that freedom and human rights are the basis of our values…Taiwan is an ideal partner as the United States and other like-minded countries, reaffirming an enduring commitment to the region. And today, I want to make clear that we are ready to play our part in ensuring that the Indo-Pacific remains free and open for generations to come.

Following President Tsai’s remarks, long-time Taiwan supporter Congressman Ted Yoho emphasized what should be held with a greater priority than trade between US and Taiwan – and that is the common belief, values and “the democracies that we have together..that really binds us together.”

Furthermore, just the day before on March 26th, US lawmakers on both sides of the aisle introduced the Taiwan Assurance Act, with the aim to “deepen bilateral security, economic, and cultural relations, while also sending a message that China’s aggressive cross-Strait behavior will not be tolerated.”

These discussions specifically around the TRA have paid a lot of respect to the Act for helping Taiwan thrive, maintain its ability to provide for its people and participate in international affairs so far; however, these discussions have also unabashedly pointed out that we may be nearing a tipping point as the geopolitical landscape continues to shift.

China has grown economically and militarily in the last 40 years, and it is running out of patience for a delicate, compromised and frankly tentative arrangement for Taiwan. It has only increased its alarming aggressiveness towards Taiwan and in the region. As for Taiwan, the people have rejected the “sole legitimate China” narrative and begun building a strong and unapologetic Taiwanese identity separate from China.

The human rights argument

Indeed, it is time to amend and recalibrate the TRA to reflect the tremendous change that has occured over the past 40 years. Within the past 40 years, the differences in the trajectories of Taiwan and China are striking. While Taiwan has evolved into a thriving democracy, China has walked down the road to becoming a suffocating, oppressive regime.

Compared to the changing economic or military realities, the dire human rights situation is even more the pressing reason to step up US support for Taiwan within and beyond the TRA.

In 1979, Taiwan was still under martial law imposed by the Chinese Nationalist Party (KMT). During Taiwan’s martial law, also known as Taiwan’s White Terror, every aspect of life was heavily monitored by the government through the Taiwan Garrison Command, an extension of the KMT-controlled armed forces that served as the secret police. Individuals, not only in Taiwan but also in the United States who expressed discontent with the government, were accused of treason or branded as communist sympathizers, and were subject to arbitrary political imprisonment, enforced disappearances, detention, executions without fair due process, and torture.

Also notably in 1979, on Human Rights Day, a peaceful protest took place in Taiwan, calling for human rights and freedom. It was met with police crackdown and leaders of the protest were arrested and tried in military court. This event, which became known as the Kaohsiung Incident, was a movement that propelled Taiwan towards the liberal democracy it is today.

Taiwan today is a leader for human rights in Asia and a resilient young democracy, even as the international community continues to hedge their stance on Taiwan. In the past 40 years, Taiwan has overcome authoritarianism, pushed for LGBTQ rights, advocated for women’s equality, developed one of the most robust healthcare systems internationally, and many more remarkable achievements.

Meanwhile in China, this year marks the 60th anniversary of the Tibetan National Uprising Day, as well as the 30th anniversary of the Tiananmen Massacre. Although decades have passed since those atrocities were committed, egregious human rights infringements continue to occur. The government of China continues to illegally occupy Tibet and to suppress any inkling of dissent within its’ borders. At this very moment in time, more than one million Muslim Uyghurs in China are arbitrarily detained and subject to severe deprivation of physical liberties, torture, and several other heinous acts that are considered crimes against humanity according to the Rome Statute. Based on Human Rights Watch’s 2019 World Report on China, arbitrary detentions and enforced disappearances conducted by the government are rampant, as they continue to hold firm control over the media and academia.

Just about a week ago, Reporters Without Borders released a report “China’s Pursuit of a New World Media Order” which showcased instances of China’s expansive surveillance technologies within China, as well as its concerted efforts in infiltrating Taiwan’s democracy via disinformation tactics.

As the United States, other democratic nations, as well as international human rights organizations begin to take China’s flagrant attacks on its own people and on universal human values into serious consideration, they should also uphold Taiwan’s recent achievements while also broadening their understanding of Taiwan’s historical journey towards democracy. More pressingly, they should recognize that Taiwan needs all the help it can get to hold China’s forces at bay. What Beijing has done to Tibet is being repeated in East Turkistan; what Beijing is doing in Hong Kong today has the possibility of occurring in Taiwan tomorrow. Taiwan is on the front lines of this global fight against authoritarianism and the Chinese Communist Party’s aggression.

Taiwan’s trajectory with their strong commitment to human rights alone should serve as enough reason to revise the TRA to reflect such accordingly; there should be a stronger emphasis on our shared values. Relegating Taiwan to a diplomatic twilight-zone is not the right path forward. If Taiwan does not receive more support and respect from the international community, Taiwan will very soon be swallowed by China – which will only further strengthen and galvanize the current authoritarian regime.

It is clear that the times have changed since 1979. It is time for the United States and the world to realize the triumphs that the young island country has made in the past 40 years. United States’ policy should no longer defer to Beijing unnecessarily, and should stand firmly with the values that its country holds so dearly. It is time to update the Taiwan Relations Act. It is time to provide more support for Taiwan.

(Feature photo from Presidential Office of Taiwan, CC BY 2.0)