MBABANE – Did you know?
In 2019, the United States of America (USA) passed a law that deals with all nations that undermine the Republic of China on Taiwan (ROC).
It is called the Taipei Act or the Taipei Act of 2019 (Taiwan Allies International Protection and Enhancement Initiative)
Taipei is the capital city of Taiwan.
Following Taiwan President Lai Ching-te’s cancelled trip to Eswatini after Madagascar, Seychelles and Mauritius revoked overflight permits for his aircraft, the United States has been called upon by some of its lawmakers to invoke the Taipei Act.
It is said that this piece of legislation protects Taiwan from bullying or undermining by other States.
It has been established that the law passed so that the United States Government (USG) can act as follows:
- Consider, in certain cases, as appropriate and in alignment with United States interests, reducing its economic, security and diplomatic engagement with nations that take serious or significant actions to undermine Taiwan.
- Support Taiwan in strengthening its official diplomatic relationships as well as unofficial partnerships with countries in the Indo-Pacific region and around the world.
- Consider, in certain cases, as appropriate and in alignment with United States interests, increasing its economic, security and diplomatic engagement with nations that have demonstrably strengthened, enhanced or upgraded relations with Taiwan.
It appears that the United States raised concerns under the Taipei Act regarding the decision by Madagascar, Seychelles and Mauritius to revoke overflight clearances for Taiwan’s president.
Washington described the incident as an abuse of the international civil aviation system. Meanwhile, China’s Taiwan Affairs Office dismissed the allegation but expressed appreciation for the stance and ‘practice’ of the three countries in upholding the One-China principle.
United States Representative Tom Tiffany has urged officials in the Donald Trump administration to impose sanctions on three African nations accused of blocking President Lai Ching-te’s flight to Eswatini, reportedly at the request of Beijing.
According to Taiwan’s Presidential Office Secretary General, Pan Men-an, Seychelles, Mauritius and Madagascar withdrew overflight permissions for the presidential aircraft following pressure from China, which allegedly included economic coercion.
In response, Tiffany sent a formal letter to Secretary of State Marco Rubio and Secretary of Homeland Security Markwayne Mullin.
Tiffany expressed his alignment with the Trump administration’s concerns over what he described as a violation of international civil aviation norms by ‘three of Communist China’s client States in Africa’. He said the withdrawal of flight privileges appeared to have been carried out ‘at Beijing’s behest’.
He condemned the move as ‘irresponsible’ and warned that it set a dangerous precedent in international relations.
The member of the House of Representative further urged US officials to take firm action to hold the three governments accountable.
As part of his recommendations, Tiffany proposed freezing more than E1.7 billion (US$100 million) in US foreign aid recently announced by the American Embassy in Antananarivo for Madagascar.
He also called for Mauritius to be added to the ‘travel ban’ list under Section 212(f) of the US Immigration and Nationality Act.
Tiffany noted that Mauritius has sought to challenge the United Kingdom’s sovereignty over the Chagos Islands, which is home to the strategically vital atoll of Diego Garcia, which hosts a major US military base.
He concluded by urging White House officials to suspend any consideration of, or talks with, the Seychelles regarding its potential inclusion in the US Visa Waiver Programme.
The Taipei Act of 2019 (Taiwan Allies International Protection and Enhancement Initiative) seeks to strengthen Taiwan’s international standing by supporting its diplomatic ties and participation in international organisations.
It mandates that the US Government boost engagement with nations that strengthen ties with Taiwan and reconsider relationships with those that undermine it.
In fact, its enactment was caused by decisions by some countries to cut ties with Taiwan to establish diplomatic relations with Mainland China.
Eswatini remains the only African country that maintains diplomatic relations with Taiwan.
Even if Eswatini would someday, perhaps, consider establishing relations with Mainland China, it would be in contravention of the Taipei Act, also referred to as Taiwan Allies International Protection and Enhancement Initiative (Taipei) Act of 2019.
That would mean Eswatini losing the African Growth and Opportunity Act (AGOA) and other related markets. The country could also risk USA’s travel bans.
Again, it must be said that US lawmakers passed the legislation at a time when the People’s Republic of China (PRC) was using its growing economic, diplomatic and military clout to intimidate and isolate Taiwan.
Political observers stated that the TAIPEI Act was passed unanimously with one amendment on October 29, 2019.
It is aimed at intensifying the government’s support for the island nation with a carrots-and-sticks approach, ramping up ‘economic, security and diplomatic engagement’ with countries that have ‘strengthened, enhanced or upgraded relations with Taiwan’.
According to the Taipei Act, it is the policy of the US to preserve and promote extensive, close and friendly commercial, cultural and other relations between the United States and the people of Taiwan.
This USA law also refers to the Taiwan Relations Act of 1979.
Section 2 of the Taipei Act reads: “The Taiwan Relations Act of 1979 states that it is the policy of the United States ‘to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardise the security, or the social or economic system, of the people on Taiwan’.”
Section 1 (3) provides that Taiwan is a free, democratic and prosperous nation of 23 million people and an ‘important contributor to peace and stability around the world’.
Section 1 (6) is concerned about the undermining of Taiwan in that since 2016, Gambia, Sao Tome and Principe, Panama, the Dominican Republic, Burkina Faso, El Salvador, Solomon Islands and Kiribati severed diplomatic relations with Taiwan in favour of a relationship with China.
Taiwan currently maintains full diplomatic relations with 12 sovereign nations around the world. Eswatini is one of those nations. In fact, the kingdom is the only country in Africa with diplomatic relations with Taiwan.
Section 1 (4) of the Taipei Act points out that since the election of the then Tsai Ing-wen as President of Taiwan in 2016, the government of the People’s Republic of China had intensified its efforts to pressure Taiwan.
The current President of Taiwan is Lai Ching-te (also known as William Lai).
It is stated in the Act that Taiwan’s unofficial relations with the United States, Australia, India, Japan and other countries are of significant benefit in strengthening its economy and preserving its international space.
Reads Section 1 (8) of the Act: “According to President Tsai Ing-wen, the severance of diplomatic ties with Taiwan in favour of diplomatic relations with China is ‘part of a series of diplomatic and military acts of coercion’ by China.”
The new law complements the Asia Reassurance Initiative Act of 2018 of the USA, which states that it is the United States policy ‘to support the close economic, political and security relationship between Taiwan and the United States’.
It mandates the president of the USA to do the following:
- Conduct regular transfers of defence articles to Taiwan that are tailored to meet the existing and likely future threats from the People’s Republic of China, including supporting the efforts of Taiwan to develop and integrate asymmetric capabilities, as appropriate, including mobile, survivable and cost-effective capabilities, into its military forces”.
- Encourage the travel of high-level United States officials to Taiwan, in accordance with the Taiwan Travel Act”.
The law further states that it should be the policy of the United States:
(1) to advocate, as appropriate:
(a) for Taiwan’s membership in all international organisations in which Statehood is not a requirement and in which the United States is also a participant; and
(b) for Taiwan to be granted observer status in other appropriate international organisations.
(2) To instruct, as appropriate, representatives of the United States Government in all organisations described in paragraph to use the voice, vote and influence of the United States to advocate for Taiwan’s membership or observer status in such organisations and
(3) for the president or the president’s designees to advocate, as appropriate, for Taiwan’s membership or observer status in all organisations described in paragraph as part of any relevant bilateral engagements between the United States and the People’s Republic of China, including leader summits and the US-China Comprehensive Economic Dialogue.
It is stated that it is the sense of Congress that the United States should engage in bilateral trade negotiations with Taiwan, with the goal of entering into a free trade agreement that is of mutual economic benefit that protects United States workers and benefits United States exporters.
Taiwan rejects claims by Seychelles, Madagascar
MBABANE – The Taiwanese Ministry of Foreign Affairs has strongly rejected justifications by the Foreign ministries of Seychelles and Madagascar.
Both countries issued statements to justify their decision to withdraw overflight permits for the chartered aircraft carrying President Lai Ching-te to Eswatini.
Seychelles and Madagascar respectively declared that they did not recognise Taiwan’s sovereignty and adhered to the ‘One-China principle’.
The Ministry of Foreign Affairs in Taiwan said, by doing so, both countries have acceded to China’s distorted narrative, which undermines international norms and endangers aviation safety.
The Ministry of Foreign Affairs stated that their statements clearly demonstrated that China was behind the incident.
The ministry condemned China in the strongest possible terms for blatantly interfering in routine international civil aviation operations through political pressure and for politicising and weaponising flight information regions.
President Lai Ching-te had been due to lead a delegation to Eswatini, one of Taiwan’s diplomatic allies in Africa, at the invitation of His Majesty King Mswati III to attend celebrations marking his 40th anniversary on the Throne and his 58th birthday. However, the visit could not proceed as planned after Seychelles, Mauritius and Madagascar abruptly and without prior notice, revoked overflight permits for the president’s-chartered aircraft.
The ministry solemnly called on the international community to take note of China’s long-standing use of economic coercion to compel other countries to reverse sovereign decisions.
It said such conduct not only undermines international peace and order, but also represents direct interference in the internal affairs of other nations.
The ministry stated that China’s actions threatened not only Taiwan, but also posed a serious and far-reaching challenge to the global democratic order and the international rule of law.
It reiterated that the Republic of China (Taiwan) is a sovereign and independent State.
“Neither it nor the People’s Republic of China is subordinate to the other. No statement or action attempting to undermine Taiwan’s sovereignty can alter the internationally recognised objective status quo across the Taiwan Strait,” it stated.
According to the ministry, as a sovereign nation, the Republic of China (Taiwan) has the right to engage with the international community, a right that cannot be denied or obstructed by any other country.
“Taiwan expresses its sincere appreciation to Eswatini and to other diplomatic allies and like-minded partners for their assistance and mediation efforts in this matter,” read the statement.
It pointed out that Taiwan will continue to strengthen cooperation with like-minded nations, uphold democratic values and steadily expand its international participation in a pragmatic manner.
In the face of external pressure, the ministry stated that Taiwan would remain steadfast in its commitment to bringing itself to the world and the world to Taiwan.
