Defend Taipei's Interests, Demand Respect from Manila

Defend Taipei's Interests, Demand Respect from Manila
China Times editorial (Taipei, Taiwan, ROC)
A Translation
February 23, 2011

The Philippines recently deported a number of Republic of China citizens suspected of fraud to Mainland China. Taipei has retaliated by such measures as putting a freeze on Filipino laborers. Yesterday, President Ma met with Special Envoy Manuel Roxas. He sternly criticized the Philippines, using language unprecedented in its harshness. This move by the upper levels of government told the international community that Taipei was determined to defend the ROC's sovereignty and dignity.

President Ma has long been soft spoken and gentle in his demeanor. But when he met with Special Presidential Envoy Roxas from the Philippines, and pointed out the three mistakes Manila had made, his manner was stern. Fourteen ROC suspects were expelled from the Philippines. Philippine officials said they were extradited. They were expelled, but they were not repatriated to the Republic of China. This constitutes a violation of international law and international practice. The suspects held Republic of China passports. The Philippines claimed that they failed to cooperate, that they failed to submit their travel documents. The suspects' attorney obtained a court order from the Philippine court. But the Philippine government ignored its own laws, and illegally deported the suspects to Mainland China.

President Ma demanded that the Philippine government assume responsibility for is mistakes, and apologize. He said "My country will watch to see how your country deals with the incident. This will indicate how bilateral relations should develop." Seldom in Republic of China history has a president spoken so sternly to a foreign guest. Seldom has our government retaliated against a foreign government so harshly.

Roxas was dispatched to Taipei by President Benigno Aquino III. The purpose was to appease Taipei, by communicating directly, in order to turn things around. But Manila still refuses to admit that sending the suspects to the Mainland was a mistake, Manila reasons that the case was investigated by public security officials from the Mainland. The information came from public security officials on the Mainland. The victims were from the the Mainland. Beijing's desire that the Mainland judicial system investigate and prosecute the case struck Manila as reasonable. In truth, many mistakes were made in handling the case. Manila has also begun legal proceedings, congressional hearings, and congressional investigations. Similar cases have occurred before. ROC suspects were never prosecuted after being sent back to Taiwan. Manila feels these suspects will be dealt with more effectively if they are turned over to Beijing, which Manila considers better at fighting crime.

The Philippine Special Envoy held a ten hour long marathon session with the Ministry of Foreign Affairs, but still refused to apologize. This is why. Frankly, if Manila knew it had made a serious mistake, it should have apologized right then and there. Now it has sent Rojas. It is hoping that if he puts a nice spin on the matter, and allows Taipei to blow off some steam, the storm will quickly blow over. Sending a special envoy is of course a gesture of goodwill and a sign of respect. But mere lip service suggests that Manila has underestimated Taipei's anger.

During these diplomatic representations, Taipei must have a clear objective, namely, to safeguard the national interest. Manila's motives may have been well intentioned. But its actions treated Beijing as the guardian of Taipei's international affairs. This our government considers absolutely unacceptable. In order to teach Manila a lesson, and to prevent the international community from getting the wrong impression, Taipei is demanding that Manila apologize. The government is taking a tough stand. It is responding to a public backlash. It is also keeping an eye on future developments. It must make a grand gesture, as preventive medicine.

Manila may or may not be willing to eat crow and apologize. But Taipei must adopt stern measures, in the hope that similar cases will be handled the correct way. Manila must commit to international law and international practices. In the common fight against crime, it must fully respect Taipei's rights and interests. It must ensure that this incident remains an isolated one that is never repeated.

According to the "consensus reality" negotiated by Minister of Foreign Affairs Timothy Yang and Roxas, Philippine officials have agreed to take discipline the officials for dereliction of duty. This is something it should have done in the first place, in accorandance with the rule of law. The Philippines is willing to discuss the establishment of mutual legal assistance mechanisms for combatting transnational crime. Taipei and Manila should actively promote such measures. They must not allow the matter to drop. Manila hopes to sign an "economic partnership agreement" with Taipei. Taipei may not need such an agreement. Obviously there is no reason to "reward" Manila at this moment.

Diplomatic negotiations require clear objectives and bargaining chips. Taipei's objective is clear, It must play its chips wisely. Taipei has put a freeze on Filipino workers. Those impacted are admittedly the economically disadvantaged, and the businesses on Taiwan who employ them. Such a freeze may not directly impact the decision-making officials. But the Philippines is a nation that relies on the export of labor. Therefore the impact of such an action must not be underestimated. President Aquino III in particular, is under attack at home. He too hopes the storm will blow over, as soon as possible. Therefore, Taipei must continue its hard bargaining. It must be firm but rational. It must ensure that its national interests are not hurt again.

Internationally, Taipei is in a tough spot. But that is exactly why it must not lose hope. That is why it must demand respect. Others treat you the way you tell them to treat you. Taipei must take concrete action to ensure that the international community understands its aspirations.

捍衛台灣利益 向菲律賓爭尊嚴
2011-02-23 中國時報

台灣為了菲律賓「台嫌遣陸」事件強烈反彈並祭出凍結菲勞等報復措施，馬總統昨天在接見菲律賓特使羅哈斯時，以前所未見的疾言厲色指責菲國的錯誤。政府高層的大動作，也明確向國際社會傳達出台灣捍衛主權尊嚴的決心。

一向溫文儒雅的馬總統，在接見菲律賓總統特使羅哈斯時，罕見地板著臉指責菲律賓的三大錯誤，包括十四名台灣嫌犯是遭到菲國驅逐出境，菲國官員卻聲稱是引渡；驅逐出境卻又不是遣返本國中華民國，違反了國際法與國際慣例。這些嫌犯都持有中華民國護照，菲國卻聲稱他們沒有合作旅行文件。而律師已向菲國法院申請到保護令，菲國政府卻罔顧菲國自己的法律，違法將台灣嫌犯遣送到中國大陸。

馬總統同時要求，菲國政府必須為錯誤負起責任，並且表示歉意，而「我國會以貴國對於此事件後續的處理結果，作為評量兩國關係發展的重要指標。」在我國對外關係史上，總統對外賓如此嚴厲，政府對外國祭出強硬報復反擊，可謂極為罕見。

羅哈斯銜總統艾奎諾三世之命來台，目的是希望能藉由直接的安撫溝通，讓報復之事有所轉圜。然而，菲律賓仍然不認為把台籍嫌犯遣送大陸是非常嚴重的錯誤，因為此案的追查、情報都來自中國公安，受害者也都是中國人，大陸方面希望交由中國司法單位偵訊審判似乎合理。在處理程序上，確實有許多缺失，菲方也已展開司法程序與國會聽證會調查。加上之前另一樁類似案件，台籍嫌犯回台後並未受到司法追究，菲方自認將嫌犯交給大陸比較能收打擊犯罪之效。

這也是為什麼，菲國特使和我國外交部馬拉松談判十小時，卻仍然堅持不道歉。坦白說，菲律賓如果真的認識到自己犯了大錯，在事件當時就該道歉。如今派羅哈斯來，看樣子只是來說兩句好話，認為讓台灣消消氣，事情就過去了。當然，派遣特使前來溝通，本身也是一種善意與尊重的表達，但口惠而實不至，還是低估了台灣的憤怒。

台灣在這場外交交涉中，應該要有明確的目標，也就是維護國家利益。不管菲律賓的出發點為何，但在行動上，把中國大陸當成處理台灣國際事務的代理人，這是我國絕對不能接受的謬誤。為了讓菲律賓記取教訓，也為了不讓國際社會得到錯誤印象，因此台灣強烈要求菲律賓認錯道歉。政府之所以如此強硬，除了是在回應民意的反彈之外，也是著眼於未來可能的效應，而必須以大動作進行防堵。

因此，無論菲律賓最後是不是肯拉下臉來道歉，台灣都應該積極交涉，希望能對類似案件的處理達成一個協議，讓菲國承諾依循國際法與國際慣例，在共同打擊犯罪及司法合作時，能充分尊重台灣的權益。務必讓這次事件，成為下不為例的唯一個案。

依據外交部長楊進添和羅哈斯談判達成的「事實共識」，菲國同意對失職官員採取相應措施，這是原本依法就必須追查懲處的。菲律賓也願意討論建立打擊跨國犯罪的司法互助機制，未來台菲雙方應該在這部分積極推動，不可以不了了之。至於菲國政府期盼和我國簽署「經濟伙伴協議」，目前台灣未必有此需要，而且此時顯然也沒有理由「獎勵」菲律賓。

外交談判需要明確的目標與籌碼，台灣的目標很清楚，籌碼卻要用得精準。台灣決定凍結菲勞，雖然受衝擊的是弱勢菲勞與台灣使用菲勞的企業，未必直接影響決策官員，但畢竟對於一個依靠勞工輸出的國家，這樣的動作仍然不能小覷。尤其艾奎諾三世在內政上飽受批判，也希望這次的風波能儘快落幕。因此，台灣的後續協商必須保持力度，以理性而堅定的態度，確保國家利益不至再受傷害。

在國際間，台灣處境確實比較困難，但也因此更加不能失了志氣與自尊。別人怎麼對待你，是你教的。台灣必須以具體行動，讓國際社會理解台灣的訴求。