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Anti-secession bill reveals China's fears
By Li YongYan

If Chinese legislators cared to learn a bit more about their own product lines, they wouldn't have bothered with writing a bill duplicating part of the Chinese constitution on China's unity.

Last week the official Xinhua News Agency reported that the Standing Committee of the People's Congress, China's ornamental tribute to the democratic process, will present a draft Anti-Secession Law by the end of December for formal presentation in March, when the lawmaking body holds its annual meeting. The news agency did not give further details on the draft law, but judging by the name of the bill, the government will make it a crime for anyone to advocate or practice secession of the country's territories. As if afraid that people will fail to take notice of for whom the bell tolls, an official was quoted as saying that the recommended law is not aimed at Hong Kong or Macau, leaving Taiwan the obvious target by default and by the obvious political analysis. That sounds familiar. At least it should to the lawmakers themselves. For the preamble to China's constitution clearly says that "Taiwan is part of the sacred territory of the People's Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland."

If Beijing likes playing different variations on the same theme, fleshing out a vague claim or emphasizing its determination to prevent Taiwan from asserting independence, then that legislation may be a worthwhile cause. However, as with the constitution, the mainland government has not figured out how to enforce the law. Sure, Beijing has never officially given up the option of military force against Taiwan. The report of some 500 missiles pointing southward at Taiwan is a deterrent no independence-minded people among the 22 million Taiwanese take lightly. But then the military threat has hung over the Taiwan Strait since long before the law was proposed, and the threat remains very credible, irrespective of the new law that could be construed in a sense as legalizing the use of force. Does this signal a newly acquired respect for law on the part of Beijing?

While a great respect for the rule of law would be a welcome development - a law-abiding government is always better than a lawless one - assuming the interpretation is not widely off the mark, it still begs the question and raises more questions than it answers. The first one: Why bother with justifying a civil war against renegades (China calls Taiwan a renegade province) at this time, when you have been doing that, talking about retaking Taiwan, for the past half-century?

Some pundits put forward a theory: Beijing is now openly discussing how to morph from a revolutionary party into a governing one - as if there were any opposition party around. Despite the misnomer, the move is still a step in the direction of the rule of law. Even if the government writes its own book, China is after all trying to go by the book, reducing the unpredictability that is usually associated with totalitarian rules.

Actually, another explanation is more plausible. Beijing is simply at the end of its wits when it comes to dealing with Taiwan.

The Chinese have a folk saying, "A family fortune will not survive three generations." It is as easy to nod one's agreement at the observation as it is hard to name a single Chinese brand that is more than a hundred years old. A typical story runs like this: the founding generation creates a powerhouse, the successors try to preserve it and the third generation squanders it all away. If the Chinese are not particularly renowned for building on the strength of their ancestors, they certainly know how to slide downhill fast.

The de facto separation of Taiwan was created when the communists, renegades themselves at the time, drove the government of the Republic of China into the sea in 1949, and they fled to Taiwan. Beijing has been adamantly against "any attempt to create two Chinas", but in reality, it is the victorious Red Army that was the first to establish a second China - New China, as it is called - when Mao Zedong declared the founding of People's Republic of China 54 years ago. His policy was simple and straightforward: we must liberate Taiwan. There was no place whatsoever for law, something Mao had despised all his life. In spite of Mao's unflinching determination, however, Taiwan has managed to decline the kiss of the Reddest Red Sun. The expanse of sea water in the Taiwan Strait and the US 7th Fleet helped, too.

Former Chinese leader Deng Xiaoping knew he needed America's assurance of neutrality before he launched a "punitive" war into Vietnam in 1979 to "teach a lesson" for Vietnam's December 1978 invasion of Cambodia. It is still not exactly clear which side ended up punished in the subtropical jungles that had once defeated the mighty United States, but Deng toned down the saber-rattling directed against Taiwan and let the island's leader Chiang Ching-kuo, son of Chiang Kai-shek, pursue the democratization of Taiwan under a lifting cloud of war.

When it came time for former Chinese leader Jiang Zeming to define cross-strait relations between Taiwan and the mainland, he had fewer chips left on the table. The Cold War was lost, the Berlin Wall had been torn down, and the breakup of the Soviet Union removed the biggest distraction to the United States in terms of deployment of its military resources. War may be a viable option for one superpower to implement a regime change half a globe away from Washington, but it is unequivocally discouraged across a 120-mile-wide strait for another large country in an attempt at "reunification of the motherland". It was during this period that Taiwan president Lee Teng-hui, then head of the Nationalists (Kuomintang, or KMT), ruled Taiwan, nurturing the force for independence of the island, based on Beijing's weakness.

The balance of power has shifted so much by now that the new leadership in Beijing is even indicating that under the one-China principle, everything is negotiable between the mainland and the island. But the fact remains that Taiwan talks and acts like a fully sovereign nation, whether the United Nations embraces it or not. Certainly it is self-governing.

Under the circumstances, it is doubtful what good the proposed new law will do to bring about reunification. Once again the aphorism is demonstrated that each generation is less powerful and less persuasive that the last. Remember that Mao didn't bother with a declaration of war when he ordered troops into Korea to fight the US Army. Now, even if a law is in place, Chinese President Hu Jintao may still have to continue biting his nails as he watches Taiwan drift further away.

Some say the new law is designed to silence critics of Beijing's hardline Taiwan policies and tough warnings to the obdurate island, rather than to intimidate Taiwan, but Beijing doesn't have to pass a new law to do that. In China, critics are easily silenced.

Li YongYan is an analyst of Chinese politics, business, economics and social affairs.

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Dec 21, 2004
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