臺灣文化•臺灣意識 Taiwanese Culture•Taiwanese Identity

李前總統談台灣制憲　英文演說全文 2004/10/08

Why Taiwan Needs a New Constitution?
Lee Teng-hui

Senior Advisor Koo, Ambassador Bellocchi, Dr. Tsai, Distinguished Guests, American and Taiwanese Friends, Ladies and Gentlemen!

I am very pleased to have this opportunity to speak to you through video conferencing on the subjects of Taiwan's constitutional reform, the campaign for a new Taiwan constitution, and the rectification of Taiwan＊s name at this international symposium attended by constitutional scholars, experts and Taiwanese Americans who are concerned about Taiwan's future.

In talking about constitutions, one cannot help but think of the indispensable role that the US Constitution has played in upholding democracy, protecting the human rights of the American people, and establishing a solid foundation for the stability and glory of your nation. Ratified twelve years after the War of Independence, it embodies the spirit and lofty ideals of the American people, and has never lost its relevancy despite the passing of time. Needless to say, this document has won the admiration and respect of thinkers and philosophers around the world.

Now, turning to the current situation in Taiwan, the constitution adopted is the ※Constitution of the Republic of China,§ which was originally drafted in 1912, codified in 1946 and promulgated in 1947. As some of you may know, Taiwan was not a part of the Republic of China in 1912 and therefore was not included in the above constitution; nor was there any Taiwanese representation in the above process. This constitution was enacted in China to deal with the Chinese situation at that time. It should therefore come as no surprise that this constitution does not meet the needs of present day Taiwan. In fact, it is completely out of date, not practical, not reasonable and not suitable.

A constitution is the supreme legal manifestation of national sovereignty. Taiwan's constitution must be made collectively by the 23 million people of Taiwan in order to be suitable to this island nation. This new constitution must be able to protect our own national sovereignty, but at the same time, not infringe upon the sovereignty of other nations. Ironically, the "Constitution of the Republic of China" has infringed upon international law in its claims to include the territories and the people of both the "People's Republic of China" and "Mongolia." In reality, both of them are independent countries with membership in the United Nations.

While in office, I had realized that the above constitution was not suitable for Taiwan, and carried out six revisions to it. However, it was clear to me that these revisions were only temporary solutions and eventually a new constitution must be established. There are several reasons why amending the current constitution by piecemeal is impractical. First, the constitution has too many defects that need to be amended. Like old tattered clothes, rather than mending and patching them year after year only to have clothes, which never seem to look quite right or fit properly, it is much better to have tailor-made new ones. Secondly, Taiwan society is too mature to engage in constitutional reform by ※feeling one＊s way across the river.§ Moreover, under Taiwan＊s new democratic system, the process of drafting and adopting a new constitution would be discussed and debated openly by all the people. This would show the world that Taiwan is truly democratic.

It is also the critical moment for Taiwan to choose a new national title, one that can truly represent the people of Taiwan and it＊s sovereignty. At the Olympic games in Athens, the team from Taiwan held a sign showing ※Chinese Taipei§ when it entered the stadium; our athletes were not allowed to compete under the title of ※the Republic of China§. Furthermore, neither China nor most of the countries in the world, including the United States, recognize the Republic of China. These examples, once again, tell convincingly that the ※Republic of China§ is an obstacle to the normalization of Taiwan as a country and an unsuitable title, one that our people cannot use in the international community.

When I visited Singapore as Taiwan＊s head of state, the people of Singapore called me ※the president from Taiwan,§ not ※the president from the Republic of China.§ In the past, I proposed the title of ※Republic of China on Taiwan§ then ※Taiwan/Republic of China§ to replace the title of ※Republic of China§, and eventually just ※Taiwan§ as well known internationally. Taiwan is Taiwan, a name that matches the reality. A new Taiwan constitution must move in this course in order to have lasting relevance.

A new Taiwan constitution must protect the human rights of diverse ethnic groups, political affiliations and genders, and eliminate all discriminations. More importantly, it must clearly establish the national identity that Taiwan is Taiwan. In order to build a permanent peaceful relationship between Taiwan and China, the fictitious title of the Republic of China must be abandoned so as not to infringe upon China＊s sovereignty. Likewise, Taiwan must insist upon and protect its own sovereignty. Ladies and Gentlemen, as Taiwan experienced democratic reform and localization of political power during the last decade, the Taiwanese people have awakened to the importance of having a national identity and knowing their own history. At this critical stage, the time has come for Taiwan to enact a new constitution to codify and safeguard its newfound democracy.

After being selected as convener of ※The Campaign for Taiwan＊s New Constitution,§ I have worked with many people to gather the will of the majority of the people on Taiwan and to draft a new constitution that is ethnically pluralistic yet nationally unitary, realistic, and fitting. Only by renouncing the outdated and irrelevant constitution in favor of a new one can we put an end to the long exclusion of Taiwan from the international community and the repeated intimidations and threats of force from China. Only by establishing a new constitution can we firmly and legally uphold Taiwan＊s democracy. Having a new constitution is a goal of the people of Taiwan; it is also the right of a democratic citizenry and a basic human right. We hope that our friends in the democratic community can understand and support us.

Finally, I would like to thank you for your enthusiastic participation in this symposium. I am confident that through your deliberations and discussions the world will better understand the current difficulties Taiwan faces, the Taiwanese people＊s sincere desire to be active participants and contributors in the international community. Your conclusions will serve as valuable references in the making of a new Taiwan constitution and in our effort to create permanent peace and good fortune for Taiwan for many generations to come. Thank you very much.

God bless Taiwan and the United States. I also wish the conference a success and good health and happiness to all. Thank you very much.