Explainer: Why UNGA Resolution 2758 cannot be challenged?

Following a speech delivered by the leader of the Taiwan region Lai Ching-te on October 10, mainland authorities have slammed Lai's separatist remarks, saying that no matter what they say or do, the Lai Ching-te authorities cannot change the fact that both sides of the Taiwan Straits belong to one and the same China.

Chen Binhua, a spokesperson for the State Council Taiwan Affairs Office, said Lai's speech has deliberately heightened cross-Straits tensions and gravely undermined peace and stability in the Straits, adding that nothing Lai has said can change Taiwan's legal status as a part of China or the fact that both sides of the Taiwan Straits belong to one China.

It once again exposed that Lai is hellbent on advancing "Taiwan independence" and has the ill intent of heightening tensions in the Taiwan Straits for his selfish political interest, said Mao Ning, a spokesperson for the Chinese Foreign Ministry.

Upholding the one-China principle, opposing "Taiwan independence" and opposing "two Chinas" and "one China, one Taiwan" is our consistent position on the Taiwan region's external exchanges and participation in international activities, Mao said.

Addressing the 79th session of the United Nations General Assembly (UNGA) in late September, Chinese Foreign Minister Wang Yi emphasized that there is no "gray zone" or "room for ambiguity" when it comes to the People's Republic of China (PRC) representing the whole of China at the UN.

UNGA Resolution 2758

The UNGA adopted Resolution 2758 in October 1971, which expelled the representatives of the Taiwan authorities and restored the seat and all the lawful rights of the government of the PRC in the UN, marking a historic milestone for China's diplomacy.

It made clear that there is only one China in the world and that Taiwan is a part of China, not a country. It also made clear that there is only one seat of China in the UN, and that the government of the PRC is the sole legal representative, precluding "two Chinas" or "one China, one Taiwan."

The resolution clearly stated that "the UN considers 'Taiwan' as a province of China with no separate status," and the "'authorities' in 'Taipei' are not considered to ... enjoy any form of government status." At the UN, the island is referred to as "Taiwan, Province of China."

In multiple legal papers by the UN Office of Legal Affairs, the international organization clearly stated that "Taiwan has no independent status as a province of China," "the Taiwan authorities do not enjoy any form of government status," and that the correct titles for Taiwan should be "Taiwan Province of China," "Taiwan, China," "Chinese Taipei," etc. These documents affirm that there is only one China and Taiwan is part of China.

For decades, the UN secretary generals and their spokespersons have made it clear when expressing their stance on Taiwan that the UN is guided by Resolution 2758 and adheres to the one-China principle.

To date, 183 countries have established diplomatic relations with the PRC on the basis of the one-China principle.

As part of China's territory, Taiwan has no basis, reason or right to participate in the UN or any other international organizations where membership is exclusive to sovereign countries. Any issue concerning the Taiwan region's participation in the activities of international organizations must be handled on the basis of the one-China principle, as reaffirmed by Resolution 2758.

The principle is again confirmed in May 1972 by Resolution 25.1 of the 25th World Health Assembly (WHA), which was adopted in accordance with UNGA Resolution 2758. Hence, whether and how Taiwan participates in the WHA can only be decided by the central government of China.

The 1992 Consensus and one-China principle

In October 1992, the mainland-based Association for Relations Across the Taiwan Straits and the Taiwan-based Straits Exchange Foundation held talks in Hong Kong. Following these talks and a series of subsequent correspondence and telephone exchanges that year, the two organizations agreed to state that "the two sides of the Taiwan Straits both stick to the one-China principle."

There are documents and written records documenting the process of reaching the 1992 Consensus and its content. Its essence lies in the affirmation that "both sides of the Taiwan Straits belong to one China and will work together towards national reunification," which defines the nature of cross-Straits relations and lays the political foundation for the development of ties across the Straits.

Since then, the two sides have set aside their differences and initiated exchanges and dialogues. In 2001, the Taiwan authorities permitted direct ferry travel between the Chinese mainland's Fujian Province and the islands of Kinmen and Matsu, ending decades of isolation for the islands from the mainland. Seven years later, direct two-way mail, transport and trade across the Straits were fully established between the two sides, significantly facilitating the flow of people, goods and capital.

However, the Democratic Progressive Party authorities have refused to recognize the 1992 Consensus that embodies the one-China principle since 2016, only to be denounced by the State Council Taiwan Affairs Office for "disrupting the foundation of peaceful development of cross-Straits relations."

As a result, the political foundation for Taiwan to participate in the WHA no longer exists. The WHA has rejected deliberations of Taiwan-related proposals for many consecutive years, said Yang Tao, director-general of the Department of North American and Oceanian Affairs of the Ministry of Foreign Affairs.

"The international community overwhelmingly abides by Resolution 2758, and fully and faithfully implements the one-China principle. Resolution 2758 is a decision made by the UNGA and must be observed by all member states," Yang added.

(Cover: The Taipei 101 skyscraper in Taipei, southeast China's Taiwan. /CFP)