Agent Exchange Promotes Cross-Strait Trust

Agent Exchange Promotes Cross-Strait Trust
China Times editorial (Taipei, Taiwan, ROC)
A Translation
July 1, 2014

Summary: The Wang Zhang meeting reached a number of agreements, among them humanitarian access. This has been made one of the functions of the newly established cross-Strait offices, and constitutes a major breakthrough. The two organizations have yet to discuss the scope of humanitarian access. Will it include ROC agents in Mainland custody? We do not know. But the Mainland's Taiwan Affairs Office Director Zhang Zhijun has expressed goodwill. He has agreed to a cross-Strait prisoner exchange in the near future. This offers a glimmer of hope.

Full Text Below:

The Wang Zhang meeting reached a number of agreements, among them humanitarian access. This has been made one of the functions of the newly established cross-Strait offices, and constitutes a major breakthrough. The two organizations have yet to discuss the scope of humanitarian access. Will it include ROC agents in Mainland custody? We do not know. But the Mainland's Taiwan Affairs Office Director Zhang Zhijun has expressed goodwill. He has agreed to a cross-Strait prisoner exchange in the near future. This offers a glimmer of hope.

Significant improvements in cross-Strait relations have occurred since 2008. ROC intelligence activity on the Mainland has changed in response to changing circumstances. Our needs have changed. We place greater emphasis on information gathering and evaluation, and less on undercover activity. Some of our military intelligence personnel are still prisoners of the Mainland. Some Taiwan business people are still under indictment, and rotting in prison. That is why recently many want prisoner exchanges to be made part of cross-Strait negotiations.

Our side has explored a variety of channels to rescue captured agents. In 2008, when Vice President Wu Den-yih was KMT secretary-general, the head of the military intelligence directorate asked him to seek the release of our agents. Wu Den-yih said that rescuing our agents was "the right thing to do."

When Wu became premier, he repeatedly instructed the SEF to consult with the Mainland through formal cross-Strait platforms, in order to obtain the release of our agents and to return them to Taiwan. The government made a sincere effort, but has yet to officially incorporate the return of agents into cross-Strait consultations.

As Vice President Wu Den-yih said, rescuing our agents was "the right thing to do." It is also something the public demands. Given the current state of cross-Strait relations, the time is ripe. The Mainland often talks about making generous concessions. In fact, noble gestures would be even more welcome than generous concessions.

Human intelligence is the oldest profession in the world. War or peace. Friend or foe. This country or that. Intelligence work never ceases. And so it is across the Taiwan Strait. Early intelligence work reflected the Cold War mentality. It was heads I win, tails you lose. But confrontation between the two sides has ended. The purpose of intelligence today is to obtain correct information to avoid incorrect conclusions. Its purpose is peace, not war. If the Mainland can adopt similar thinking, mutual trust between the two sides can make a giant leap forward.

Before the Mainland and the United States established diplomatic relations, they made a show of goodwill by releasing each others' agents. The two sides of the Strait belong to the same culture and speak the same language. Former Mainland leader Hu Jintao said the two sides must heal the wounds of history. The release of captured agents is more than a noble gesture. It is a symbolic act that can help heal the scars of history.

Taipei should also demonstrate that it is amenable to new thinking. The two sides have gradually dialed down military confrontation. But the two sides still have military deployments. They still see each other as strategic rivals. In particular, too many on Taiwan see the Mainland as their sole enemy. But cross-Strait relations have left the Cold War behind. They are progressing towards peaceful development. People on Taiwan must cease to think of the Mainland as their enemy. Economic and trade exchanges involve close public contacts. Military conflict would amount to a bizarre paradox. The two sides would have difficulty squaring the two. Our side may not have many chips to play. But we should release the Mainland's agents.

What about the nut and bolts of any prisoner exchange? The two sides have yet to sign an official prisoner exchange agreement. The two sides should allow humanitarian access. They should allow each side access to the other side's prisons and detention facilities. They should allow visits and assistance, to safeguard the basic rights of detained intelligence operative. We must understand their needs, including their need for legal assistance.

The issue of prisoner exchanges has surfaced. To reduce political sensitivities, it can be discussed in the same breath as exchanges of criminal offenders. The definition for intelligence operative can be made fuzzy to increase negotiating room. The definition of intelligence operative may be sensitive. Once the two sides begin confirming who is who, personnel whose identities were in doubt will have their covers blown. This is a problem that may impede progress.

Actually, according to the Geneva Convention, spies being released, repatriated, or resettled, have rights. The convention limits the definition of "spy." It states that unless an agent is captured while engaged in espionage, he or she must be treated as a prisoner of war. It also stipulates that those publicly identified as spies must be treated humanely. They may not be treated differently merely because they are spies. Taipei is not a signatory to the Geneva Convention. Cross-Strait relations are not international relations. But the prisoner exchange agreement nevertheless should be followed.

The Mainland has high expectations concerning political dialogue and consultation. Cross-Strait exchanges, and economic and trade relations have given cross-Strait peace a tremendous boost. But anti-China sentiment has also intensified. Taiwan society is clearly not ready to begin political negotiations. The release of ROC intelligence operatives is a humanitarian issue. It should be treated as a touchstone for the resolution of cross-Strait political hostility, and the building of cross-Strait military trust. If the two sides can agree on prisoner exchanges, it will mean that they no longer see each other as enemies. Military confidence building measures can then be left for another day.

We sincerely hope that prisoner exchanges can become an official part of cross-Strait negotiations, and mark a new page in history.

社論－兩岸釋放情報員 累積互信
2014年07月01日 04:10
編輯部

大陸國台辦主任張志軍（左4）25日與陸委會主委王郁琦（右3）舉行兩岸事務主管部門負責人第二次正式會面。（中新社）
大陸國台辦主任張志軍（左4）25日與陸委會主委王郁琦（右3）舉行兩岸事務主管部門負責人第二次正式會面。（中新社）

王張會達成多項共識，其中「人道探視」確定納入兩岸互設辦事處功能，更是重大突破。雖然兩會尚未談及人道探視範圍，是否包括我在大陸被羈押情報員等細節，但大陸國台辦主任張志軍帶來對岸的善意，已讓兩岸日後協商換俘議題，露出一道曙光。

兩岸關係自2008年來大幅改善，台灣對大陸情報工作也因應客觀情勢變化與國家需求已作出若干調整，愈來愈偏重資訊的蒐集與研判，減少對潛伏情報員的依賴，但當年軍情局派遣至大陸情蒐被俘人員，及若干被起訴的台商都還在蹲苦牢，因此，近來多有倡議兩岸協商情報員換俘議題。

我方曾經運用各種管道營救被俘情報員，副總統吳敦義於2008年擔任國民黨祕書長期間，曾接受軍情首長所託，透過國共平台要求大陸釋放情報員，吳敦義曾表示，營救我方情報員是「義所應為」。

他擔任行政院長後，持續指示海基會，透過兩岸正式平台積極與大陸協商，協助釋放台灣情報員回台。政府已努力相當時日，但至今尚未正式納入兩會協商議題。

誠如吳敦義副總統所言，營救我方情報員是「義所應為」，這也是國人普遍的期望。以當前兩岸關係，時機應已漸趨成熟，大陸常提「讓利」，其實「讓義」會更讓人有感。

情報工作是人類最古老的行業，不論戰爭與和平時期，不論彼此是敵是友，任何國家的情報工作都不會停止，兩岸亦然。唯早期的情報工作是冷戰思維，非得你死我活，現今兩岸早已結束對峙，情報工作的目的是為掌握正確資訊、避免誤判情勢，內涵是和平、非破壞手段進行。如果大陸能證明自己也採取類似新思維，相信兩岸互信關係將可大躍進一步。

大陸與美國建交前，為表善意，曾釋放美國間諜。兩岸同文同種，大陸前領導人胡錦濤亦曾說兩岸要撫平歷史傷痛。釋放被俘情報員，不僅只是讓義，更具撫平歷史傷痕的象徵意義。

台灣亦當有新思維與轉變，兩岸雖漸脫離軍事對峙局面，但雙方軍事部署和戰略思維仍互為假想敵，尤其台灣，更以大陸為唯一假想敵。然而，兩岸已經脫離冷戰時期關係，邁向和平發展進程，台灣理當改變以大陸為唯一假想敵的思維。在經貿交流、民眾互動頻密情況下，如果軍事還互相對峙，本身就是很矛盾的現象，雙方很難坦誠以對。因此，我方籌碼雖不多，亦應釋放對岸情報員。

至於在換俘的實務運作上，兩岸在尚未正式協商並簽署換俘協議前，雙方應透過人道探視，允許彼此到對方監獄或羈押處所，進行必要訪視、協助，以維護在押情報人員之基本權益，瞭解他們生活所需，有無需要提供必要之法律協助等。

待換俘議題浮上檯面，為降低政治敏感性，或可以與刑事罪犯互換一併提出討論，或將情報員定義模糊化，以爭取雙方談判空間。因為情報員之定義、事涉敏感，兩會協商一旦進入確認身分程序，原本晦暗不明的身分，經由談判前之探詢或者確認程序，而成為默認。這是個兩難問題，且無助談判進展。

事實上，依《日內瓦公約》相關規定，間諜在釋放、遣返或安置前，有權享受《公約》有關規定的利益。同法並限縮「間諜」之定義，強調除在從事間諜行為時被俘外，不應喪失其享有戰俘身分的權利，更於第一項明定具間諜身分者亦應受符合人道原則之處遇，不得以其具間諜身分而排除適用。我雖非公約簽署國，兩岸關係亦非國際關係，唯換俘協議之提出，仍可依循。

大陸對進入政治對話與協商的新進程期待很深，雖然兩岸交流與經貿關係確實已為兩岸和平發展累積了巨大的能量，但反中力量的激進化，顯示台灣社會還是沒準備好進入政治協商階段。釋放台灣情報員問題，與人道有關，應可以當成兩岸化解政治敵意的試金石及兩岸累積軍事互信的開始。換俘議題若能達成協議，意味兩岸雙方不再視彼此為敵人，軍事互信機制建立當有水到渠成之日。

我們由衷期盼，換俘議題能夠成為兩岸下一次會議正式的議題，開啟歷史另一新頁。