The United Nations General Assembly Resolution 2758, titled Restoration of the lawful rights of the People's Republic of China in the United Nations, was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China's representation in the UN be determined by a two-thirds vote referring to Article 18 of the UN Charter. The resolution, passed on 25 October 1971, recognized the People's Republic of China (PRC) as "the only legitimate representative of China to the United Nations" and removed "the representatives of Chiang Kai-shek" (referring to the then-authoritarian Kuomintang regime as the dominant party in the Republic of China, whose central government had retreated to Taiwan from the mainland) from the United Nations.
UN General Assembly Resolution 2758 | |
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![]() Voting by country in the United Nations General Assembly Resolution 2758 Voted in favor Voted against Abstained Non-voting member Non-UN-members/dependencies | |
Date | 25 October 1971 |
Meeting no. | 1,976 |
Code | A/RES/2758(XXVI) (Document) |
Subject | Restoration of the lawful rights of the People's Republic of China in the United Nations |
Voting summary |
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Result | Adopted |
United Nations General Assembly Resolution 2758 | |||||||||||||
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Traditional Chinese | 聯合國大會第2758號決議 | ||||||||||||
Simplified Chinese | 联合国大会第2758号决议 | ||||||||||||
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In the 2020s, disputes over the interpretation of the resolution have arisen, with Taiwan, the United States, Canada, the European Union, United Kingdom and Australia disagreeing with the PRC's interpretation about conflating the resolution with its One China principle and using it against Taiwan's right of participation in international organizations.
Background
The Republic of China (ROC) was founded in 1912 in mainland China, and expanded its jurisdiction to Taiwan in 1945. In 1945, it became one of the 51 original member states of the United Nations, which was created in 1945. At that time, however, it was embroiled in civil war: the ruling Chinese Nationalist Party, or Kuomintang, was fighting troops led by the Chinese Communist Party (CCP). This lasted until 1949, when Mao Zedong proclaimed the People's Republic of China (PRC) in Beijing and the Nationalists retreated to Taiwan, from which the Empire of Japan had withdrawn in 1945 and to which it would in 1951 renounce all right, title and claim. By January 1950 the PRC was in control of mainland China but was unable to capture Taiwan, Penghu, Matsu or Kinmen, and thus these remained Kuomintang-ruled.
Although the ROC government continuously claimed to one day return to its mainland, by the 1970s, an increasing number of UN members became aware that this government no longer represented the hundreds of million people who lived on the mainland. The PRC claimed to be the successor government of the ROC, while the Kuomintang in Taiwan championed the continued existence of the Republic of China. Both claimed to be the only legitimate Chinese government, and each refused to maintain diplomatic relations with countries that have recognized the other. The ROC continued to represent China in the UN until Resolution 2758 was passed.
Proceedings at the United Nations
On 15 July 1971, 17 UN members: Albania, Algeria, the Congo, Cuba, Guinea, Iraq, Mali, Mauritania, North Yemen, Romania, Somalia, South Yemen, Sudan, Syria, Tanzania, Yugoslavia, and Zambia, requested that a question of the "Restoration of the lawful rights of the People's Republic of China in the United Nations" be placed on the provisional agenda of the twenty-sixth session of the United Nations General Assembly. In an explanatory memorandum accompanying their request, the 17 UN members observed that for years they had protested against what they considered were hostile and discriminatory policy followed by several governments with regard to the communist government of mainland China, which they considered to be the genuine representative of the Chinese people. The existence of the People's Republic of China, they declared, was a reality which could "not be changed to suit the myth of a so called Republic of China, fabricated out of a portion of Chinese territory". In the view of the 17 UN members, the ROC were unlawful authorities installed in the island of Taiwan which claimed to represent China, and they remained there only because of the permanent presence of United States Armed Forces. No important international problems, they added, could be solved without the participation of the People's Republic of China. It was in the fundamental interests, they concluded, of the United Nations to "restore" promptly to the People's Republic of China its seat in the organization, thus putting an end to a "grave injustice" and "dangerous situation" which had been perpetuated in order to fulfill a policy that had been increasingly repudiated. This meant the immediate expulsion of the representatives of the Chiang Kai-shek regime from the seat which it held in the United Nations.
On 17 August 1971, the United States requested that a second item, "The representation of China in the United Nations" also be placed on the provisional agenda. In the explanatory memorandum accompanying the U.S. request, the U.S. said that in dealing with the problem of the representation of China, the United Nations should take cognizance of the existence of both the People's Republic of China and the Republic of China; it should reflect that incontestable reality in the manner in which it made provision for China's representation. The U.S. asserted that the UN should not be required to take a definitive position on the respective conflicting claims of the People's Republic of China or the Republic of China, pending a peaceful resolution of the matter as called for by the United Nations Charter. Thus, the U.S. added, the People's Republic of China should be represented and at the same time provision should be made to ensure that the Republic of China was not deprived of its representation.
On 22 September 1971, the United States proposed at the UN General Committee that the two items be combined into one item called "The Question of China". The proposal was, however, rejected by 12 votes to 9 with 3 abstentions.
On 25 September 1971, the first Albanian-backed draft resolution, A/L.630 and Add.1 and 2, was submitted by 23 states including 17 of the states which had joined in placing the question on the agenda, to: "...restore to the People's Republic of China all its rights and expel forthwith the representatives of Chiang Kai-shek."
On 29 September 1971, a second draft resolution, A/L.632 and Add.1 and 2, sponsored by 22 members including the U.S., was proposed declaring that any proposal to deprive the Republic of China of representation was an important question under Article 18 of the UN Charter, and thus would require a two-thirds supermajority for approval.
On 29 September 1971, a third draft resolution, A/L.633, sponsored by 19 members including the U.S., was proposed by which the Assembly would affirm the right of representation of the People's Republic of China and recommend that it be seated as one of the five permanent members of the Security Council, while also affirming the continuing right of representation of the Republic of China.

On 15 October 1971 the representatives of 22 UN members requested the UN Secretary-General to distribute, as an official Assembly document, a statement of the Ministry of Foreign Affairs of the People's Republic of China dated 20 August 1971. In this statement, made in response to the U.S. letter of 17 August 1971 and its accompanying explanatory memorandum, the People's Republic of China declared that the U.S. proposal was a blatant exposure of the Nixon government's scheme of creating "two Chinas" in the United Nations. It added that there was only one China, the People's Republic of China. Taiwan, it continued, was an inalienable part of Chinese territory and a province of China which had already been returned to the motherland after the Second World War. It went on to state that the U.S. was plotting to separate Taiwan from China and was wildly attempting to force members of the UN to submit to its will. The Chinese government declared that the Chinese people and government firmly opposed "two Chinas", "one China, one Taiwan", or any other similar arrangement, as well as the claim that "the status of Taiwan remains to be determined". They declared they would have absolutely nothing to do with the UN in such scenarios.
Discussion at the Assembly took place at 12 plenary meetings between 18 and 26 October 1971 with 73 member states taking part. During the debates four more draft resolutions were submitted - three by Tunisia and one by Saudi Arabia. Broadly, each of these draft resolutions was a variation on the third draft resolution described above, backed by the U.S. Notably, the Saudi-proposed resolution would have held that the people of the island of Taiwan had a right to self-determination. Similarly, the Tunisian resolution would have called for the Republic of China government to be represented in the United Nations under the name "Formosa".
Algeria's representative in the debates submitted that to recognize that the government of the People's Republic of China was lawfully entitled to represent China did not imply the eviction of a member but the eviction of the representatives of a dissident minority regime. The U.S., in its submission, took the opposite view; arguing that adoption of the resolution expelling the representatives sent from Taipei would imply the termination of the membership of a longstanding member. The spokesman of the Republic of China submitted that his country had earned its place in the United Nations by virtue of its contribution to peace and freedom during the Second World War. He said the Chinese communist regime, which had never had the moral consent of the Chinese people, could in no way be regarded as the representative of the great Chinese nation. Various members including two permanent members of the security council, the United Kingdom and the USSR, argued that requiring the matter to be subject to a supermajority vote was not appropriate because the adoption of the Albanian proposed resolution did not involve the admission or expulsion of a member. Rather it concerned only credentials and Taiwan had never been a member. They argued there was only one Chinese state that was a member. Any other Chinese state would have to apply for membership in accordance with the Charter.
On 25 October 1971, the voting took place. In the first vote held, the Assembly rejected the U.S. backed proposal that the matter would require a supermajority vote — the 'important question motion' [A/L.632 and Add.1 and 2]. The Assembly then voted on a separate U.S. proposal that the words "and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupied at the United Nations and in all the organizations related to it" be removed from the draft resolution A/L.630 and Add.1 and 2. The U.S. representative suggested that this motion, if adopted, would "have the effect of welcoming the PRC to the General Assembly and the Security Council, while at the same time not affecting the representation of the ROC in this hall". The motion was rejected by a vote of 61 to 51, with 16 abstentions.
At this point the Minister of Foreign Affairs of the ROC, Chow Shu-Kai, stated "in view of the frenzied and irrational manners that have been exhibited in this hall, the delegation of the Republic of China has now decided not to take part in any further proceedings of this General Assembly." He said the "ideals upon which the United Nations was founded and which the General Assembly has now been betrayed".
The Assembly then adopted draft Albanian proposed resolution A/L.630 and Add.1 and 2, by a roll-call vote of 76 to 35, with 17 abstentions, as Resolution 2758. The Beijing government began representing China at the UN from 15 November 1971 and its delegates were seated at the UN Security Council meeting held on 23 November 1971, the first such meeting where representatives of the Beijing government represented China.
Votes
Vote | Tally | States | Percent of members | Percent of votes |
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In favour | 76 | Afghanistan, Albania, Algeria, Austria, Belgium, Bhutan, Botswana, Bulgaria, Burma, Burundi, Byelorussian Soviet Socialist Republic, Cameroon, Canada, Ceylon, Chile, Cuba, Czechoslovakia, Denmark, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Finland, France, Ghana, Guinea, Guyana, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Kenya, Kuwait, Kingdom of Laos, Libyan Arab Republic, Malaysia, Mali, Mauritania, Mexico, Mongolia, Morocco, Nepal, Netherlands, Nigeria, Norway, Pakistan, People's Democratic Republic of Yemen, People's Republic of the Congo, Peru, Poland, Portugal, Romania, Rwanda, Senegal, Sierra Leone, Singapore, Somalia, Sudan, Sweden, Syrian Arab Republic, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Yemen, Yugoslavia, Zambia | 59.37% | 68.46% |
Against | 35 | Australia, Bolivia, Brazil, Central African Republic, Chad, Congo (Democratic Republic of), Costa Rica, Dahomey, Dominican Republic, EI Salvador, Gabon, Gambia, Guatemala, Haiti, Honduras, Ivory Coast, Japan, Khmer Republic, Lesotho, Liberia, Madagascar, Malawi, Malta, New Zealand, Nicaragua, Niger, Paraguay, Philippines, Saudi Arabia, South Africa, Swaziland, United States of America, Upper Volta, Uruguay, Venezuela | 27.34% | 31.53% |
Abstain | 17 | Argentina, Bahrain, Barbados, Colombia, Cyprus, Fiji, Greece, Indonesia, Jamaica, Jordan, Lebanon, Luxembourg, Mauritius, Panama, Qatar, Spain, Thailand | 13.28% | X |
Total | 128 | 100% | 100% | |
Source: Resolution 2758 voting record |
Interpretations
United Nations
On 21 September 2007, the UN General Assembly rejected Taiwan's membership bid to "join the UN under the name of Taiwan", citing Resolution 2758 as acknowledging that Taiwan is part of China. The UN General Assembly and its General Committee's recommendations on the "Taiwan question" reflected long-standing UN policy and is mirrored in other documents promulgated by the United Nations. For example, the UN's "Final Clauses of Multilateral Treaties, Handbook" (2003) states:
...regarding the Taiwan Province of China, the Secretary-General follows the General Assembly’s guidance incorporated in resolution 2758 (XXVI) of the General Assembly of 25 October 1971 on the restoration of the lawful rights of the People’s Republic of China in the United Nations. The General Assembly decided to recognize the representatives of the Government of the People’s Republic of China as the only legitimate representatives of China to the United Nations. Hence, instruments received from the Taiwan Province of China will not be accepted by the Secretary-General in his capacity as depositary.
It has often been noted that Article 23 of the UN Charter states, "The Republic of China, France [...] shall be permanent members of the Security Council." Similarly, Article 110 specifies that "The present Charter shall come into force upon the deposit of ratifications by the Republic of China [...]" These provisions remain valid to this day, despite Taiwan's withdrawal. However, mentions of "the Union of Soviet Socialist Republics" in the Charter have also not been amended despite its collapse in 1991 and Russia's assumption of its permanent seat on the Security Council. Likewise, the UN views the People's Republic of China as a "successor state" to the Republic of China, both referring to the same country of "China", following the transfer of the UN seat to the PRC.
According to academic Margaret Lewis of Seton Hall University School of Law, the resolution over the representation in the UN has been widely interpreted to support China's claim over Taiwan. It has effectively blocked Taiwan from joining the UN and its subsidiary organizations, although it literally did not block Taiwan from participating in the UN.
China
The Chinese government claims that Resolution 2758 also represented a process to rule out the ambiguity of Taiwan's status in the debates at the UN General Assembly, where the admission of the People's Republic of China to the UN was not considered a question of new membership, but a question of credentials, or who represented China to the UN. After 1949, Taiwan was regarded as the rump state of the Republic of China, which had lost control of most of its mainland territory, rendering it unable to represent China internationally—a position solidified by Resolution 2758.
The Chinese government insists that the term "China" in Resolution 2758 also refers to Taiwan. Yang Tao, a senior Chinese diplomat, asserted that People's Republic of China had replaced the Republic of China as the representation of China since its foundation in 1949. He noted that Resolution 2758, passed by a majority vote, recognised the People's Republic of China as the sole legitimate government of China, and did not acknowledge any other representation of China or Taiwan. Yang contended that if China's representation did not include Taiwan, there would have been no need to expel the representative of Chiang Kai-shek. Beijing asserts that Taiwan falls completely within China's international law identity, without any need to mention Taiwan separately, according to state media outlet China Daily.
Beijing states that the Cairo Declaration and the Potsdam Proclamation affirmed Taiwan's return to China, while acknowledging that the 1951 San Francisco Peace Treaty did not explicitly address Taiwan's sovereignty. Chinese diplomats criticised the United States for disregarding the Cairo Declaration and the Potsdam Proclamation in which they believed that the United States had agreed on the return of Taiwan to China. The Chinese government also claims that it reached a consensus with Taiwan in 1992, in which both China and Taiwan agreed that there is but one China across the Taiwan strait. China set this consensus as a premise to engage any official interaction with Taiwan.
For decades, China has been poaching Taiwan's diplomatic allies based on one-China principles, as a tool to pressure Taiwan. In early 2024, Nauru was the first country to cite Resolution 2758 for cutting its diplomatic tie with Taiwan and building a formal relation with China. The official Xinhua News Agency noted that China established diplomatic ties with 183 countries on the condition of its one-China principle.
Taiwan
In 2000, Taiwanese foreign minister Tien Hung-mao addressed to the Legislative Yuan that the Republic of China was a founding member of the United Nations, yet Resolution 2758, which addressed the representation of the people of the Mainland Area, excluded the representation of the people of the Taiwan Area, a situation he found inappropriate. Tien noted that if Taiwan seeks to join the UN as a new member, its application would likely face a veto from China and objections from other UN Security Council members. Alternatively, if Taiwan aims to rejoin the UN, it must overturn Resolution 2758, which requires a two-thirds majority vote in the UN General Assembly—a highly challenging objective to achieve.
The Pan-Green Coalition, led by the Democratic Progressive Party (DPP), believes that Resolution 2758 has been distorted by China and aim to return to the UN as Taiwan, while the Kuomintang (KMT)-led Pan-Blue Coalition is against the resolution itself and aims to amend the resolution to allow the Republic of China to return to the UN. The two camps are also divided on whether there is a consensus in 1992. President Ma Ying-jeou from KMT accepted this consensus during his administration, while the consensus was later denied by President Tsai Ing-wen from the DPP who questioned whether such consensus ever actually taken place in the meetings.
Two referendums were held in 2008 to determine whether the country should re-join the UN as the Republic of China or join the UN as Taiwan. Both referendums failed to meet the required voter turnout. A United States Department of State spokesman warned such referendums may alter the status quo of Taiwan, breaking the promises that Chen made to President George W. Bush. Since 2009, Taiwan has not submitted requests for UN membership, but continues to protest its exclusion from the UN system through other countries.
In September 2024, Taiwan intended to draw intention to the Chinese distortion of Resolution 2758 with the goal of rejoining the UN. Several DPP legislators urged the Legislative Yuan to declare that Resolution 2758 does not concern Taiwan's sovereignty or international status. The DPP legislators attempted to make an interim motion, which was, however, ignored by the president of the Legislative Yuan, Han Kuo-yu from the KMT, throughout the parliamentary session.
United States
The US's official policy is to recognize the PRC government as "the sole legal government of China", and "it acknowledged the Chinese position that there is but one China and Taiwan is part of China". While the United States acknowledges the Chinese position, it does not explicitly state agreement with the position. According to a 2014 Congressional Research Service (CRS) report, the US administrations have not explicitly stated a position on the political status of Taiwan.
In April 2024, US State Department Deputy Assistant Secretary Mark Lambert spoke at a German Marshall Fund (GMF) seminar, saying that "Resolution 2758 does not endorse, is not equivalent to, and does not reflect a consensus for the PRC's 'one China' principle". Lambert added that the Chinese government "mischaracterizes the resolution by falsely conflating it with China’s ‘one China’ principle and wrongly asserts that it reflects an international consensus for its ‘one China’ principle." In May 2024, State Department spokesman Matthew Miller said that the US's 'one China' policy "has not changed".
According to some analysts at the GMF, Resolution 2758 solved the issue of "China's representation" in the United Nations—but it left the issue of Taiwan's representation unresolved.
While keeping diplomatic relations with the PRC, the US expects that "the future of Taiwan will be determined by peaceful means". The US "would continue to maintain cultural, commercial, and other unofficial relations with the people of Taiwan". In February 2025, a group of U.S. congressional representatives introduced a non-binding resolution that rejected the PRC's use of Resolution 2758, which it stated had been "weaponized." In April 2025, the Indiana House of Representatives passed a resolution supporting Taiwan and opposing any "distortion or misuse" of Resolution 2758.
Inter-Parliamentary Alliance on China
In July 2024, at the first Inter-Parliamentary Alliance on China summit in Taiwan, attending lawmakers agreed on a resolution to counter China's interpretation of Resolution 2758 in their home country legislatures.
Australia
In August 2024, the Parliament of Australia formally condemned China's use of UN Resolution 2758. The parliament declared that UN Resolution 2758, "does not establish the People’s Republic of China's sovereignty over Taiwan and does not determine the future status of Taiwan in the UN".
Netherlands
In September 2024, the House of Representatives recognized that UN Resolution 2758 does not judge Taiwan's future participation in the UN or other international organizations, and also does not support China's claim of sovereignty over Taiwan. The vote of 147 to 3 rejects China's interpretation of the resolution in its claims over Taiwan and calls for an EU-wide effort to support Taiwan's representation.
European Union
In October 2024, the European Parliament recognized that Resolution 2758 does not take a position on Taiwan, has no bearing on Taiwan's participation in UN bodies, and that China's coercive measure to achieve unification are contradictory to international law. The European Commission stated that it opposes "any unilateral actions that change the status quo by force or coercion." In April 2025, the European Parliament said in a report that China has attempted to distort Resolution 2758 to impede Taiwan's participation in international bodies.
Canada
In November 2024, the House of Commons of Canada unanimously passed a motion stating that Resolution 2758 did not establish Chinese sovereignty over Taiwan and had no bearing on Taiwan's future participation in UN bodies.
United Kingdom
In November 2024, the House of Commons of the United Kingdom unanimously passed a motion stating that Resolution 2758 does not address the political status of Taiwan, does not establish PRC sovereignty over Taiwan, and is silent on Taiwan's participation in UN bodies.
Belgium
In March 2025, the Chamber of Representatives unanimously passed a resolution stating that Resolution 2758 does not take a position on Taiwan.
See also
- China and the United Nations
- Taiwan and the United Nations
- United Nations General Assembly resolution
- United Nations General Assembly Resolution 505
References
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One view is that since the UN Charter is still valid, and it still states the Republic of China and not the People's Republic of China, therefore Taiwan should be part of the United Nations. However, this view neglects the fact that later in 1971, UN Resolution 2758 transferred the UN seat from the ROC to the PRC.
- 傅雲欽 (6 July 2007). "中華民國還在聯合國?". Liberty Times. Archived from the original on 3 November 2020. Retrieved 8 December 2024.
同樣的,聯合國憲章第二十三條也記載「蘇聯」為安理會五個常任理事國之一。但「蘇聯」這個國家一九九一年以後就消滅了。俄羅斯繼承蘇聯在安理會的常任理事國席位,但與蘇聯是不同的國家。聯合國憲章第二十三條「蘇聯」一語迄今也未修正,也是一項不影響實質的脫節。但這不表示俄羅斯以「蘇聯」的名稱參與聯合國。
[Similarly, Article 23 of the UN Charter also records the 'Soviet Union' as one of the five permanent members of the Security Council. But the country of 'Soviet Union' was eliminated after 1991. Russia inherited the Soviet Union's permanent seat on the Security Council, yet is a different country from the Soviet Union. The word 'Soviet Union' in Article 23 of the UN Charter has not been amended to date, also a disconnection that does not affect the essence of the matter. But this does not mean that Russia participates in the United Nations under the name of the 'Soviet Union'.] - 傅雲欽 (6 July 2007). "中華民國還在聯合國?". Liberty Times (in Chinese). Archived from the original on 3 November 2020. Retrieved 8 December 2024.
中華人民共和國、中華民國是新、舊國號,它們都指涉同一個國家─中國。一九四九年,中共是建立新政府(同時更改國號),不是脫離原來的大中國建立新國家。一九七一年十月二十五日,聯合國是將台北政府逐出,不是將中(華民)國逐出(聯合國從未逐出任何會員國)。
[The People's Republic of China and the Republic of China are the new and old names of the country, and both referring to the same country — China. In 1949, the Chinese Communist Party established a new government (changing the country's name simultaneously), rather than establishing a new country by breaking away from the original Greater China. On October 25, 1971, the United Nations expelled the Taipei government, not (the Republic of) China (the United Nations has never expelled any member state).] - "專論》 聯合國2758號決議是台灣的生門? 還是死門? | 政治". Newtalk (in Chinese). 24 September 2024. Archived from the original on 2 October 2024. Retrieved 8 December 2024.
2758 號決議…等於確立了「中華民國」是中國的舊政府稱號,由「中華人民共和國政府」繼承,…
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External links

- Original text of Resolution 2758 (XXVI)
- Vienna Convention on Diplomatic Relations signed and ratified by Republic of China
- Restoration of the lawful rights of the People's Republic of China in the United Nations (continued)
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The United Nations General Assembly Resolution 2758 titled Restoration of the lawful rights of the People s Republic of China in the United Nations was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China s representation in the UN be determined by a two thirds vote referring to Article 18 of the UN Charter The resolution passed on 25 October 1971 recognized the People s Republic of China PRC as the only legitimate representative of China to the United Nations and removed the representatives of Chiang Kai shek referring to the then authoritarian Kuomintang regime as the dominant party in the Republic of China whose central government had retreated to Taiwan from the mainland from the United Nations UN General Assembly Resolution 2758Voting by country in the United Nations General Assembly Resolution 2758 Voted in favor Voted against Abstained Non voting member Non UN members dependenciesDate25 October 1971Meeting no 1 976CodeA RES 2758 XXVI Document SubjectRestoration of the lawful rights of the People s Republic of China in the United NationsVoting summary76 voted for35 voted against17 abstainedResultAdopted United Nations General Assembly Resolution 2758Traditional Chinese聯合國大會第2758號決議Simplified Chinese联合国大会第2758号决议TranscriptionsStandard MandarinHanyu PinyinLianheguo Dahui 2758 hao jueyiWade GilesLien2 ho2 kuo2 Ta4 hui4 2758 hao4 chueh2 yi4Tongyong PinyinLianheguo Dahuei 2758 hao jyueyiYale RomanizationLyanhegwo Dahwei 2758 hau JyweyiWikisource has original text related to this article United Nations General Assembly Resolution 2758 XXVI In the 2020s disputes over the interpretation of the resolution have arisen with Taiwan the United States Canada the European Union United Kingdom and Australia disagreeing with the PRC s interpretation about conflating the resolution with its One China principle and using it against Taiwan s right of participation in international organizations BackgroundThe Republic of China ROC was founded in 1912 in mainland China and expanded its jurisdiction to Taiwan in 1945 In 1945 it became one of the 51 original member states of the United Nations which was created in 1945 At that time however it was embroiled in civil war the ruling Chinese Nationalist Party or Kuomintang was fighting troops led by the Chinese Communist Party CCP This lasted until 1949 when Mao Zedong proclaimed the People s Republic of China PRC in Beijing and the Nationalists retreated to Taiwan from which the Empire of Japan had withdrawn in 1945 and to which it would in 1951 renounce all right title and claim By January 1950 the PRC was in control of mainland China but was unable to capture Taiwan Penghu Matsu or Kinmen and thus these remained Kuomintang ruled Although the ROC government continuously claimed to one day return to its mainland by the 1970s an increasing number of UN members became aware that this government no longer represented the hundreds of million people who lived on the mainland The PRC claimed to be the successor government of the ROC while the Kuomintang in Taiwan championed the continued existence of the Republic of China Both claimed to be the only legitimate Chinese government and each refused to maintain diplomatic relations with countries that have recognized the other The ROC continued to represent China in the UN until Resolution 2758 was passed Proceedings at the United NationsOn 15 July 1971 17 UN members Albania Algeria the Congo Cuba Guinea Iraq Mali Mauritania North Yemen Romania Somalia South Yemen Sudan Syria Tanzania Yugoslavia and Zambia requested that a question of the Restoration of the lawful rights of the People s Republic of China in the United Nations be placed on the provisional agenda of the twenty sixth session of the United Nations General Assembly In an explanatory memorandum accompanying their request the 17 UN members observed that for years they had protested against what they considered were hostile and discriminatory policy followed by several governments with regard to the communist government of mainland China which they considered to be the genuine representative of the Chinese people The existence of the People s Republic of China they declared was a reality which could not be changed to suit the myth of a so called Republic of China fabricated out of a portion of Chinese territory In the view of the 17 UN members the ROC were unlawful authorities installed in the island of Taiwan which claimed to represent China and they remained there only because of the permanent presence of United States Armed Forces No important international problems they added could be solved without the participation of the People s Republic of China It was in the fundamental interests they concluded of the United Nations to restore promptly to the People s Republic of China its seat in the organization thus putting an end to a grave injustice and dangerous situation which had been perpetuated in order to fulfill a policy that had been increasingly repudiated This meant the immediate expulsion of the representatives of the Chiang Kai shek regime from the seat which it held in the United Nations On 17 August 1971 the United States requested that a second item The representation of China in the United Nations also be placed on the provisional agenda In the explanatory memorandum accompanying the U S request the U S said that in dealing with the problem of the representation of China the United Nations should take cognizance of the existence of both the People s Republic of China and the Republic of China it should reflect that incontestable reality in the manner in which it made provision for China s representation The U S asserted that the UN should not be required to take a definitive position on the respective conflicting claims of the People s Republic of China or the Republic of China pending a peaceful resolution of the matter as called for by the United Nations Charter Thus the U S added the People s Republic of China should be represented and at the same time provision should be made to ensure that the Republic of China was not deprived of its representation On 22 September 1971 the United States proposed at the UN General Committee that the two items be combined into one item called The Question of China The proposal was however rejected by 12 votes to 9 with 3 abstentions On 25 September 1971 the first Albanian backed draft resolution A L 630 and Add 1 and 2 was submitted by 23 states including 17 of the states which had joined in placing the question on the agenda to restore to the People s Republic of China all its rights and expel forthwith the representatives of Chiang Kai shek On 29 September 1971 a second draft resolution A L 632 and Add 1 and 2 sponsored by 22 members including the U S was proposed declaring that any proposal to deprive the Republic of China of representation was an important question under Article 18 of the UN Charter and thus would require a two thirds supermajority for approval On 29 September 1971 a third draft resolution A L 633 sponsored by 19 members including the U S was proposed by which the Assembly would affirm the right of representation of the People s Republic of China and recommend that it be seated as one of the five permanent members of the Security Council while also affirming the continuing right of representation of the Republic of China Adopted resolution 2758 On 15 October 1971 the representatives of 22 UN members requested the UN Secretary General to distribute as an official Assembly document a statement of the Ministry of Foreign Affairs of the People s Republic of China dated 20 August 1971 In this statement made in response to the U S letter of 17 August 1971 and its accompanying explanatory memorandum the People s Republic of China declared that the U S proposal was a blatant exposure of the Nixon government s scheme of creating two Chinas in the United Nations It added that there was only one China the People s Republic of China Taiwan it continued was an inalienable part of Chinese territory and a province of China which had already been returned to the motherland after the Second World War It went on to state that the U S was plotting to separate Taiwan from China and was wildly attempting to force members of the UN to submit to its will The Chinese government declared that the Chinese people and government firmly opposed two Chinas one China one Taiwan or any other similar arrangement as well as the claim that the status of Taiwan remains to be determined They declared they would have absolutely nothing to do with the UN in such scenarios Discussion at the Assembly took place at 12 plenary meetings between 18 and 26 October 1971 with 73 member states taking part During the debates four more draft resolutions were submitted three by Tunisia and one by Saudi Arabia Broadly each of these draft resolutions was a variation on the third draft resolution described above backed by the U S Notably the Saudi proposed resolution would have held that the people of the island of Taiwan had a right to self determination Similarly the Tunisian resolution would have called for the Republic of China government to be represented in the United Nations under the name Formosa Algeria s representative in the debates submitted that to recognize that the government of the People s Republic of China was lawfully entitled to represent China did not imply the eviction of a member but the eviction of the representatives of a dissident minority regime The U S in its submission took the opposite view arguing that adoption of the resolution expelling the representatives sent from Taipei would imply the termination of the membership of a longstanding member The spokesman of the Republic of China submitted that his country had earned its place in the United Nations by virtue of its contribution to peace and freedom during the Second World War He said the Chinese communist regime which had never had the moral consent of the Chinese people could in no way be regarded as the representative of the great Chinese nation Various members including two permanent members of the security council the United Kingdom and the USSR argued that requiring the matter to be subject to a supermajority vote was not appropriate because the adoption of the Albanian proposed resolution did not involve the admission or expulsion of a member Rather it concerned only credentials and Taiwan had never been a member They argued there was only one Chinese state that was a member Any other Chinese state would have to apply for membership in accordance with the Charter On 25 October 1971 the voting took place In the first vote held the Assembly rejected the U S backed proposal that the matter would require a supermajority vote the important question motion A L 632 and Add 1 and 2 The Assembly then voted on a separate U S proposal that the words and to expel forthwith the representatives of Chiang Kai shek from the place which they unlawfully occupied at the United Nations and in all the organizations related to it be removed from the draft resolution A L 630 and Add 1 and 2 The U S representative suggested that this motion if adopted would have the effect of welcoming the PRC to the General Assembly and the Security Council while at the same time not affecting the representation of the ROC in this hall The motion was rejected by a vote of 61 to 51 with 16 abstentions At this point the Minister of Foreign Affairs of the ROC Chow Shu Kai stated in view of the frenzied and irrational manners that have been exhibited in this hall the delegation of the Republic of China has now decided not to take part in any further proceedings of this General Assembly He said the ideals upon which the United Nations was founded and which the General Assembly has now been betrayed The Assembly then adopted draft Albanian proposed resolution A L 630 and Add 1 and 2 by a roll call vote of 76 to 35 with 17 abstentions as Resolution 2758 The Beijing government began representing China at the UN from 15 November 1971 and its delegates were seated at the UN Security Council meeting held on 23 November 1971 the first such meeting where representatives of the Beijing government represented China VotesVote Tally States Percent of members Percent of votes In favour 76 Afghanistan Albania Algeria Austria Belgium Bhutan Botswana Bulgaria Burma Burundi Byelorussian Soviet Socialist Republic Cameroon Canada Ceylon Chile Cuba Czechoslovakia Denmark Ecuador Egypt Equatorial Guinea Ethiopia Finland France Ghana Guinea Guyana Hungary Iceland India Iran Iraq Ireland Israel Italy Kenya Kuwait Kingdom of Laos Libyan Arab Republic Malaysia Mali Mauritania Mexico Mongolia Morocco Nepal Netherlands Nigeria Norway Pakistan People s Democratic Republic of Yemen People s Republic of the Congo Peru Poland Portugal Romania Rwanda Senegal Sierra Leone Singapore Somalia Sudan Sweden Syrian Arab Republic Togo Trinidad and Tobago Tunisia Turkey Uganda Ukrainian Soviet Socialist Republic Union of Soviet Socialist Republics United Kingdom of Great Britain and Northern Ireland United Republic of Tanzania Yemen Yugoslavia Zambia 59 37 68 46 Against 35 Australia Bolivia Brazil Central African Republic Chad Congo Democratic Republic of Costa Rica Dahomey Dominican Republic EI Salvador Gabon Gambia Guatemala Haiti Honduras Ivory Coast Japan Khmer Republic Lesotho Liberia Madagascar Malawi Malta New Zealand Nicaragua Niger Paraguay Philippines Saudi Arabia South Africa Swaziland United States of America Upper Volta Uruguay Venezuela 27 34 31 53 Abstain 17 Argentina Bahrain Barbados Colombia Cyprus Fiji Greece Indonesia Jamaica Jordan Lebanon Luxembourg Mauritius Panama Qatar Spain Thailand 13 28 X Total 128 100 100 Source Resolution 2758 voting recordInterpretationsUnited Nations On 21 September 2007 the UN General Assembly rejected Taiwan s membership bid to join the UN under the name of Taiwan citing Resolution 2758 as acknowledging that Taiwan is part of China The UN General Assembly and its General Committee s recommendations on the Taiwan question reflected long standing UN policy and is mirrored in other documents promulgated by the United Nations For example the UN s Final Clauses of Multilateral Treaties Handbook 2003 states regarding the Taiwan Province of China the Secretary General follows the General Assembly s guidance incorporated in resolution 2758 XXVI of the General Assembly of 25 October 1971 on the restoration of the lawful rights of the People s Republic of China in the United Nations The General Assembly decided to recognize the representatives of the Government of the People s Republic of China as the only legitimate representatives of China to the United Nations Hence instruments received from the Taiwan Province of China will not be accepted by the Secretary General in his capacity as depositary It has often been noted that Article 23 of the UN Charter states The Republic of China France shall be permanent members of the Security Council Similarly Article 110 specifies that The present Charter shall come into force upon the deposit of ratifications by the Republic of China These provisions remain valid to this day despite Taiwan s withdrawal However mentions of the Union of Soviet Socialist Republics in the Charter have also not been amended despite its collapse in 1991 and Russia s assumption of its permanent seat on the Security Council Likewise the UN views the People s Republic of China as a successor state to the Republic of China both referring to the same country of China following the transfer of the UN seat to the PRC According to academic Margaret Lewis of Seton Hall University School of Law the resolution over the representation in the UN has been widely interpreted to support China s claim over Taiwan It has effectively blocked Taiwan from joining the UN and its subsidiary organizations although it literally did not block Taiwan from participating in the UN China The Chinese government claims that Resolution 2758 also represented a process to rule out the ambiguity of Taiwan s status in the debates at the UN General Assembly where the admission of the People s Republic of China to the UN was not considered a question of new membership but a question of credentials or who represented China to the UN After 1949 Taiwan was regarded as the rump state of the Republic of China which had lost control of most of its mainland territory rendering it unable to represent China internationally a position solidified by Resolution 2758 The Chinese government insists that the term China in Resolution 2758 also refers to Taiwan Yang Tao a senior Chinese diplomat asserted that People s Republic of China had replaced the Republic of China as the representation of China since its foundation in 1949 He noted that Resolution 2758 passed by a majority vote recognised the People s Republic of China as the sole legitimate government of China and did not acknowledge any other representation of China or Taiwan Yang contended that if China s representation did not include Taiwan there would have been no need to expel the representative of Chiang Kai shek Beijing asserts that Taiwan falls completely within China s international law identity without any need to mention Taiwan separately according to state media outlet China Daily Beijing states that the Cairo Declaration and the Potsdam Proclamation affirmed Taiwan s return to China while acknowledging that the 1951 San Francisco Peace Treaty did not explicitly address Taiwan s sovereignty Chinese diplomats criticised the United States for disregarding the Cairo Declaration and the Potsdam Proclamation in which they believed that the United States had agreed on the return of Taiwan to China The Chinese government also claims that it reached a consensus with Taiwan in 1992 in which both China and Taiwan agreed that there is but one China across the Taiwan strait China set this consensus as a premise to engage any official interaction with Taiwan For decades China has been poaching Taiwan s diplomatic allies based on one China principles as a tool to pressure Taiwan In early 2024 Nauru was the first country to cite Resolution 2758 for cutting its diplomatic tie with Taiwan and building a formal relation with China The official Xinhua News Agency noted that China established diplomatic ties with 183 countries on the condition of its one China principle Taiwan In 2000 Taiwanese foreign minister Tien Hung mao addressed to the Legislative Yuan that the Republic of China was a founding member of the United Nations yet Resolution 2758 which addressed the representation of the people of the Mainland Area excluded the representation of the people of the Taiwan Area a situation he found inappropriate Tien noted that if Taiwan seeks to join the UN as a new member its application would likely face a veto from China and objections from other UN Security Council members Alternatively if Taiwan aims to rejoin the UN it must overturn Resolution 2758 which requires a two thirds majority vote in the UN General Assembly a highly challenging objective to achieve The Pan Green Coalition led by the Democratic Progressive Party DPP believes that Resolution 2758 has been distorted by China and aim to return to the UN as Taiwan while the Kuomintang KMT led Pan Blue Coalition is against the resolution itself and aims to amend the resolution to allow the Republic of China to return to the UN The two camps are also divided on whether there is a consensus in 1992 President Ma Ying jeou from KMT accepted this consensus during his administration while the consensus was later denied by President Tsai Ing wen from the DPP who questioned whether such consensus ever actually taken place in the meetings Two referendums were held in 2008 to determine whether the country should re join the UN as the Republic of China or join the UN as Taiwan Both referendums failed to meet the required voter turnout A United States Department of State spokesman warned such referendums may alter the status quo of Taiwan breaking the promises that Chen made to President George W Bush Since 2009 Taiwan has not submitted requests for UN membership but continues to protest its exclusion from the UN system through other countries In September 2024 Taiwan intended to draw intention to the Chinese distortion of Resolution 2758 with the goal of rejoining the UN Several DPP legislators urged the Legislative Yuan to declare that Resolution 2758 does not concern Taiwan s sovereignty or international status The DPP legislators attempted to make an interim motion which was however ignored by the president of the Legislative Yuan Han Kuo yu from the KMT throughout the parliamentary session United States The US s official policy is to recognize the PRC government as the sole legal government of China and it acknowledged the Chinese position that there is but one China and Taiwan is part of China While the United States acknowledges the Chinese position it does not explicitly state agreement with the position According to a 2014 Congressional Research Service CRS report the US administrations have not explicitly stated a position on the political status of Taiwan In April 2024 US State Department Deputy Assistant Secretary Mark Lambert spoke at a German Marshall Fund GMF seminar saying that Resolution 2758 does not endorse is not equivalent to and does not reflect a consensus for the PRC s one China principle Lambert added that the Chinese government mischaracterizes the resolution by falsely conflating it with China s one China principle and wrongly asserts that it reflects an international consensus for its one China principle In May 2024 State Department spokesman Matthew Miller said that the US s one China policy has not changed According to some analysts at the GMF Resolution 2758 solved the issue of China s representation in the United Nations but it left the issue of Taiwan s representation unresolved While keeping diplomatic relations with the PRC the US expects that the future of Taiwan will be determined by peaceful means The US would continue to maintain cultural commercial and other unofficial relations with the people of Taiwan In February 2025 a group of U S congressional representatives introduced a non binding resolution that rejected the PRC s use of Resolution 2758 which it stated had been weaponized In April 2025 the Indiana House of Representatives passed a resolution supporting Taiwan and opposing any distortion or misuse of Resolution 2758 Inter Parliamentary Alliance on China In July 2024 at the first Inter Parliamentary Alliance on China summit in Taiwan attending lawmakers agreed on a resolution to counter China s interpretation of Resolution 2758 in their home country legislatures Australia In August 2024 the Parliament of Australia formally condemned China s use of UN Resolution 2758 The parliament declared that UN Resolution 2758 does not establish the People s Republic of China s sovereignty over Taiwan and does not determine the future status of Taiwan in the UN Netherlands In September 2024 the House of Representatives recognized that UN Resolution 2758 does not judge Taiwan s future participation in the UN or other international organizations and also does not support China s claim of sovereignty over Taiwan The vote of 147 to 3 rejects China s interpretation of the resolution in its claims over Taiwan and calls for an EU wide effort to support Taiwan s representation European Union In October 2024 the European Parliament recognized that Resolution 2758 does not take a position on Taiwan has no bearing on Taiwan s participation in UN bodies and that China s coercive measure to achieve unification are contradictory to international law The European Commission stated that it opposes any unilateral actions that change the status quo by force or coercion In April 2025 the European Parliament said in a report that China has attempted to distort Resolution 2758 to impede Taiwan s participation in international bodies Canada In November 2024 the House of Commons of Canada unanimously passed a motion stating that Resolution 2758 did not establish Chinese sovereignty over Taiwan and had no bearing on Taiwan s future participation in UN bodies United Kingdom In November 2024 the House of Commons of the United Kingdom unanimously passed a motion stating that Resolution 2758 does not address the political status of Taiwan does not establish PRC sovereignty over Taiwan and is silent on Taiwan s participation in UN bodies Belgium In March 2025 the Chamber of Representatives unanimously passed a resolution stating that Resolution 2758 does not take a position on Taiwan See alsoChina and the United Nations Taiwan and the United Nations United Nations General Assembly resolution United Nations General Assembly Resolution 505ReferencesUN General Assembly 1971 Restoration of the lawful rights of the People s Republic of China in the United Nations Resolutions Adopted by the General Assembly During Its 26th Session 21 September 22 December 1971 2 Archived from the original on 27 December 2022 Retrieved 23 March 2023 Charter of the United Nations Chapter IV The General Assembly Archived from the original on 28 November 2010 Retrieved 23 December 2010 Yang Sheng tsung 1 January 1996 The Republic of China s Right to Participate in the United Nations The International Status of Taiwan in the New World Order Legal and Political Considerations Brill Nijhoff pp 117 132 ISBN 978 90 04 63978 2 archived from the original on 6 December 2024 retrieved 30 November 2024 Taiwan in Time Fixing the KMT 1950 edition Taipei Times 19 January 2020 Archived from the original on 13 September 2024 Retrieved 13 September 2024 Hale Erin Taiwan taps on United Nations door 50 years after departure Al Jazeera Archived from the original on 29 January 2023 Retrieved 30 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Handbook United Nations 2003 PDF Archived PDF from the original on 12 March 2012 Retrieved 7 December 2016 經濟日報 學者 自衛反擊權涉國際法 聯合國憲章讓中國投鼠忌器 政經焦點 要聞 United Daily News in Chinese Archived from the original on 29 March 2024 Retrieved 8 December 2024 Institute Global Taiwan 31 October 2018 Searching for a Basis for Taiwan in the United Nations Global Taiwan Institute Archived from the original on 7 December 2024 Retrieved 8 December 2024 One view is that since the UN Charter is still valid and it still states the Republic of China and not the People s Republic of China therefore Taiwan should be part of the United Nations However this view neglects the fact that later in 1971 UN Resolution 2758 transferred the UN seat from the ROC to the PRC 傅雲欽 6 July 2007 中華民國還在聯合國 Liberty Times Archived from the original on 3 November 2020 Retrieved 8 December 2024 同樣的 聯合國憲章第二十三條也記載 蘇聯 為安理會五個常任理事國之一 但 蘇聯 這個國家一九九一年以後就消滅了 俄羅斯繼承蘇聯在安理會的常任理事國席位 但與蘇聯是不同的國家 聯合國憲章第二十三條 蘇聯 一語迄今也未修正 也是一項不影響實質的脫節 但這不表示俄羅斯以 蘇聯 的名稱參與聯合國 Similarly Article 23 of the UN Charter also records the Soviet Union as one of the five permanent members of the Security Council But the country of Soviet Union was eliminated after 1991 Russia inherited the Soviet Union s permanent seat on the Security Council yet is a different country from the Soviet Union The word Soviet Union in Article 23 of the UN Charter has not been amended to date also a disconnection that does not affect the essence of the matter But this does not mean that Russia participates in the United Nations under the name of the Soviet Union 傅雲欽 6 July 2007 中華民國還在聯合國 Liberty Times in Chinese Archived from the original on 3 November 2020 Retrieved 8 December 2024 中華人民共和國 中華民國是新 舊國號 它們都指涉同一個國家 中國 一九四九年 中共是建立新政府 同時更改國號 不是脫離原來的大中國建立新國家 一九七一年十月二十五日 聯合國是將台北政府逐出 不是將中 華民 國逐出 聯合國從未逐出任何會員國 The People s Republic of China and the Republic of China are the new and old names of the country and both referring to the same country China In 1949 the Chinese Communist Party established a new government changing the country s name simultaneously rather than establishing a new country by breaking away from the original Greater China On October 25 1971 the United Nations expelled the Taipei government not the Republic of China the United Nations has never expelled any member state 專論 聯合國2758號決議是台灣的生門 還是死門 政治 Newtalk in Chinese 24 September 2024 Archived from the original on 2 October 2024 Retrieved 8 December 2024 2758 號決議 等於確立了 中華民國 是中國的舊政府稱號 由 中華人民共和國政府 繼承 Resolution 2758 established that the Republic of China was the old name of the government of China succeeded by the government of the People s Republic of China Yi Xin 19 March 2024 Taiwan s status undetermined A fallacy Permanent Mission of China to the UN and other International Organizations in Vienna Archived from the original on 1 December 2024 Retrieved 30 November 2024 Nan Hao UN Resolution 2758 debate A growing global effort to challenge China s claims on Taiwan ThinkChina Lianhe Zaobao Retrieved 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she carefully worded her position acknowledging the first meeting between SEF and ARATS in 1992 as historical fact She stated that the meeting had arrived at various joint acknowledgments and understandings and was conducted in a spirit of mutual understanding and a political attitude of seeking common ground while setting aside differences a phrase often used by Beijing In other words while Tsai did not accept the 1992 Consensus she acknowledged that the 1992 meeting took place in a positive spirit that should lay the groundwork for sustaining crossstrait peace Under international law the 1992 SEF ARATS exchanges would not amount to a legally binding agreement on the meaning of One China and other sovereignty questions While SEF and ARATS apparently possessed the capacity to represent their own governments in concluding agreements on cross strait cooperation the intention of each organization was to sign legal instruments recording their agreement on the specific matters under negotiation The parties never evinced an intention to conclude an agreement on sovereignty matters involving the notion of One China precisely because they could not reach agreement on the thorny issues involved Instead they bypassed the One China issues and went on to conclude formal written agreements on technical matters In other words the element of intent to create legal obligations on sovereignty questions did not exist This is evident from the caution of SEF it carefully avoided committing itself to a written agreement with regard to the all important political issue and suggested that each side orally state its differing position separately This poses a contrast with the formal agreements later concluded by the two organizations on various economic and technical matters None of these cross strait agreements touched upon the One China issue and all were concluded without regard to it 立法院報告 我國參與聯合國策略之檢討 Ministry of Foreign Affairs Taiwan in Chinese 17 March 2022 Archived from the 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