Talks between Straits Exchange Foundation (SEF) Chairman Chiang Pin-kung (江丙坤) and Association for Relations Across the Taiwan Strait (ARATS) Chairman Chen Yulin (陳雲林) start this week. We know that the talks will cover four major issues: the direct shipping of goods, proposals for more direct flight routes for air cargo, postal issues and food safety and sanitation.
These discussions will involve possible amendments to our laws and to Article 5 of the Statute Governing the Relations Between the Peoples of the Taiwan Area and the Mainland Area (兩岸人民關係條例).
That law states: “Where the content of the agreement requires any amendment to laws or any new legislation, the administration authorities of the agreement shall submit the agreement through the Executive Yuan to the Legislative Yuan for consideration within 30 days after the execution of the agreement; where its content does not require any amendment to laws or any new legislation, the administration authorities of the agreement shall submit the agreement to the Executive Yuan for approval and to the Legislative Yuan for record, with a confidential procedure if necessary.”
However, the Cabinet continues to insist that the issues to be discussed during the talks will not require an amendment to any of our laws so it would only need to inform the legislature about any agreements for “reference.” That means if any agreements are signed as a result of future cross-strait talks, this same strategy can be used to evade legislative oversight. This would turn the legislature into a law-making bureau subordinate to the Cabinet.
What is of greater concern, however, is whether the government will uphold our national dignity and self-respect in the negotiations, and take the position that Taiwan and China are diplomatic equals. This is the only way our government can benefit the Taiwanese.
However, if the administration of President Ma Ying-jeou (馬英九) signs secret deals with China, it will not be serving our national interests. If the legislature is unable to monitor such deals or come up with any countermeasures, the rights and interests of Taiwanese will be damaged.
The Ma administration and the SEF must remember that all SEF-ARATS agreements should be sent to the legislature for review to allow the oversight that will safeguard Taiwan’s rights and interests.
Gao Jyh-peng is a Democratic Progressive Party legislator.
TRANSLATED BY DREW CAMERON
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