Human Rights in Taiwan, GIO website

The Government Information Office here in Taiwan has put up a Human Rights website at http://www.gio.gov.tw/taiwan-website/5-gp/rights/preface.htm

It is interesting to read through all the articles there, however I could not find any references to “foreigners”.

Could it be that the ROC government does not consider foreigners to be human beings, and hence does not include them in any discussion of human rights?

What do you think?

Window dressing… most Taiwanese know what it is…but don’t have a clue how it works…too many years of the KMT.
They seem to know how to write these big words that sound good ie (human rights dignity) but don’t know what they mean

Also, they must have really got the thesaurus out for writing this website

Taiwan’s lack of fair treatment for foreigners is absolutely abyssmal … especially considering the amount of capital and military support the West, in particular the United States, has pumped into Taiwan since the early 1950’s. I have a good connection with a Congressman back in the States, and have thought about putting together a letter explaining the grievances of the foreign community in Taiwan in regards to how we’re treated by the gov’t, police, etc., and then forwarding it to the Congressman with as many signatures as possible. It seems as though there’s not much we can do from this end in terms of petitioning the Taiwanese government, but perhaps a little high-placed pressure from Taiwan’s most important Western ally could have some effect … Richard, have you ever thought about anything like this, and/or would you be interested in working with me on it???

Yes, I would be very much interested in everyone’s comments about the human rights situation of foreigners in Taiwan.

Please post your comments to this topic on our Human Rights Forum. Thanks.

Richard,
I found this snippet of info:
Rights and Obligations of Foreign Workers

on this government sponsored website:
Information for Foreigners

I believe there are several groups who oversee the rights of foreign laborers in Taiwan, mainly domestic and construction workers, but I’ve never seen, nor heard of, an organisation which aims to protect and oversee the rights of the thousands of English teachers on this island.
Is there one? If not, I wonder why not.
Over the years I’ve heard scads of stories related to unfair treatment towards these foreign workers. I’m guessing since so many are transient, that this type of organisation has never been established.
Amazing, isn’t it?
I know there’s a group ETA-ROC, English Teachers Assoc, but they’re concerned with the TESOL side rather than rights, although there’s no official TESOL chapter here either.
When you think of it, it IS rather abyssmal like DDE says.

Some of the human rights abuses I see as an issue for foreigners (in no particular order):

  • No means of recourse (or impossible if you try) in disputes with employers/employer violation of contracts, etc.

  • No means of petitioning to the government in issues of employment or against deportation, banning from the R.O.C., etc. for LEGAL foreign residents, employees.

  • Being forced to produce ARC’s/passports to police S.W.A.T. team members toting machine guns in internet cafe raids.

  • Foreigners not being permitted to hold more than one job when your legal employer refuses to give you enough hours to support yourself.

In addition, the policies/procedures involved in working/living in Taiwan should reward and not punish those who want to be here legally. Illegal employees seem to have a much easier time, not being beholden to a corrupt, money-hungry bushiban owner who holds your ARC in his/her hands. The procedures should also be standardized, clear, and not decided by the whim of an individual government official. I think there should also be a government office set up to help foreign employees resolve issues with employers and be an intermediary in issues with other government agencies.

The system in Taiwan is far from fair … and it makes me think that the whole concept of “Democracy” in Taiwan is such a joke. I had an easier time with the bureaucracy and system in Communist China than here. Will the system ever be changed? No … because make things better for us here is of no personal benefit to the government of Taiwan. When have they ever acted in the interests of someone other than themselves?

quote:
Some of the human rights abuses I see as an issue for foreigners (in no particular order): - No means of recourse (or impossible if you try) in disputes with employers/employer violation of contracts, etc.
  • No means of petitioning to the government in issues of employment or against deportation, banning from the R.O.C., etc. for LEGAL foreign residents, employees.

  • Being forced to produce ARC’s/passports to police S.W.A.T. team members toting machine guns in internet cafe raids.

  • Foreigners not being permitted to hold more than one job when your legal employer refuses to give you enough hours to support yourself.


I think the first threeoftheseare pretty much the same for most Taiwanese. It’s that last one that bothers me. Just what is the rationale behind not allowing you to work two jobs? The only advantage is to the employer. It’s to the disadvantage of the government because they miss out on that extra tax revenue.

Hey Brian,
Just one small disagreement from me … the first three DON’T apply to Taiwanese because if they get screwed over on a contract squabble or don’t happen to have their passport or I.D. card with them when an internet cafe gets raided, etc. they don’t face deportation and being banned from the country for 5 years. And even though they may have little legal recourse, that doesn’t mean that we shouldn’t either … In a supposed “democracy,” people are supposed to have certain rights & protections … sometimes I can’t understand why the West considers Taiwan a “democracy” … whether or not the leaders are “elected,” they still act like an authoritarian government.

Dear all,
My name is Cristina.
I currently work in a Taiwanese company. I admit that as a European I am extremelly shocked by the lack of human rights knowledge in the country.
Workers find normal to work till really late every night and every weekend, they find normal not to have sick-leave.
I am very interested in getting activly involved with an organization focused on human rights (most specially labour rights and work discrimination).
If any of you can forward me the information of someone or an organization in Taipei (please) I could join I would really appreciate it.
Thank you,
Cristina

As moderator of this Forum, I would be happy to meet with you personally and discuss your concerns.

Richard is the best starting point for any of these issues. Human rights are so neglected in Taiwan and the entire concept of any basic civil rights definitions are unknown to the Chinese in their legal traditions of “virtue, not laws” in contrast to anything unlike, say, British common law and the Magna Carta defining a basis of civil rights.

I have seen that human rights website before, and made the same observation.

It’s simple, really. In Taiwan, how do things get done? Guan-xi is certainly important. But in today’s corrupt, capitalist society, money talks faster than anything else. The vast majority of politicians only care about two things: votes and campaign contributions. You want the politicians to work for you, it’s best to be able to provide BOTH of those things. What foreigners in Taiwan need is a large, powerful lobby with lots of money behind it. Preferably a lot of votes, if at all possible. I’d be damned if I knew how to make something like that happen.

It shouldn’t be too much of a mystery as to why foreigners seem to be excluded from the circle of human rights in Taiwan. The citizens of Taiwan have what we lack. Voting power and influential lobbying groups. Our small cries for attention are far overshadowed by this.

Mr. Hartzell, it seems you have been able to accomplish a great deal by appealing to the sensibilities of some of the, perhaps, less-corrupt legislators. It’s certainly given me a little faith in the system. But I don’t believe, unfortunately, that ethics and compassion are the guiding force for most of the officials that need to be appealed to. There needs to be some fire put behind the cause of foreigners legally working and/or living in Taiwan. And the lobby can be a very effective tool, if used properly.

It certainly could make a difference if the US Congress were informed and behind our human rights ‘movement’ here. But they also have a lot of other things to worry about…like the promises they’ve made to their large, wealthy, powerful lobbies (especially the corporate ones). Unfortunately, we have the same problem there as we do here. Would a few discerning Congressmen be able to do something about the human rights conditions for foreigners in Taiwan? For some reason, I doubt it. Not unless they’re willing to make a generous financial contribution.

I have today gone to the local First Bank here in Neihu District, Taipei, and opened an account for the “Taiwan Kairos Association Preparatory Office”. This will be an association which primarily deals with the human rights problems of disadvantaged persons in Taiwan, with a particular emphasis on foreigners’ problems.

This will require substantial fundraising efforts. The lawyer I have contacted in Washington, D.C. wants an initial payment of US$ 5000 to begin work on some of the human rights issues which I have outlined in a preliminary 250 page report. For starters, we must determine if we can indeed obtain jurisdiction in the US Federal Courts, when suing the Taiwan government authorities. According to my legal analysis, we can.

Fundrasing, huh? How 'bout a bakesale? Ok, ok, a serious fundraising event. First thing’s first. Wealthy individuals are needed. More than likely, those individuals won’t be found hanging out on this website. Sorry, guys, but if I’m wrong, feel free to step forward and make a contribution. Otherwise, a campaign is going to be needed. The public needs to be informed, both the local and foreign population. Some serious, expansive media coverage would be helpful, perhaps even crucial. Unfortunately, the media has done a good job of portraying foreigners as lazy, dope-smoking wastes of oxygen that do nothing more than lead unproductive lives. This most certainly hasn’t helped to garner any sympathy for the plight of honest, hard-working foreigners struggling to comply with Taiwan’s confusing system. And it doesn’t give Taiwan’s government representatives and elected officials the impression that foreigners are really contributing anything to the economy.

An initiative on this scale demands that the public be informed, which they are clearly not. The relatively small population of foreigners is not going to be able to further the cause alone. Perhaps we, the foreigners, could collectively raise thousands of dollars somewhat effectively. But there is a lot more fundraising potential within the local population, and it seems that gaining the public’s support (or at least a substantial portion of the public…preferably the wealthiest portion…ok, ok, I know) is absolutely imperative.

Richard, you have been collecting documentation on the many diverse situations of (how many?) foreigners. Is there not some way to take the complete worst of situations and appeal to the media to run some stories on how tough foreigners have it in Taiwan? Especially the foreign spouses! I know that a few such stories have been run, but always as a side column, or buried under the latest political scandal. We need a story that’s going to make a big splash, and hopefully make a few people cry. And, of course, the information on how to make financial contributions to our cause will be brightly advertised in living color every time the story is run.

Maybe a little class-action case leverage would fill up these coffers of the Taiwan civil rights organization, while (one) nailing the KMT coffers for those “stolen” assets (real and personal property) from the SFPT occupational period and (two) hitting the ROC state-owned enterprises for the civil rights abuses against the ARC status in Taiwan. You might recall the Congressional uproar of the Marcos assets stolen from the Filipino people. Not all of the money was recovered, but when the USA puts pressure on its despots, they cough up the dough.

Two distinct large groups or legal classes of defined plaintives are:

One: US citizens and foreigners with ARC status whom has been denied any basic civil rights of their legal status in Taiwan by the ROC governing administration since the end of KMT military rule and democratic liberalization.

Hit 'em in the pocket book.

Two: “Japanese nationals” of Taiwan whom had their private property stolen by the ROC/KMT in their designated capacity as the governing authorities in SFPT. Under SFPT Art. 4, and related regulations, the proprietary title of these “Japanese properties” has gone to the US government. Property which is “unearned” by the KMT is really illegally stolen property of the United States Government until private title of ownership is clearly established for just whom is the rightful owner.

US v. Fullard-Leo (Lost Title of Palmyra Atoll)

One Implication of Ownership

quote[quote]More controversially, a Little Rock lawyer and close friend of President Clinton proposed last year using the atoll to store nuclear waste. The plan was rejected. [/quote]

Dear all,

I am finding this forum amazing.
DO you have a report, summary about what you are working for? Which are the rights you are fighting for? Who’s included in this: Westerns or foreigners in general? Which changes are you looking for? Do you think the only way to achieve those changes is through the court? Are you going to use the USA legal system or an international system?

If anyone could hand me that information I’ll try to make some time (taking it away from my sleep!) to read it carefully.

Thank you,
Millow (Cristina)

taiwanstatus has suggested one type of plantiff in Taiwan to be “US citizens and foreigners with ARC status whom has been denied any basic civil rights of their legal status in Taiwan by the ROC governing administration since the end of KMT military rule and democratic liberalization”.

I think that this hits the nail right on the head. What we need is a high profile court case in this human rights area.

Richard, do you think you can post the banking account data here?

Millow,

This is a little background summary but Richard Hartzell’s “master report” on Taiwan civil rights is turning into a huge book! It digs much deeper than anything than George Kerr has ever done and he really makes human rights attorneys look like amateurs, I’m afraid. It boils down to two little words: administrative authority.

Legal Basis of Civil Rights

Taiwanstatus.org Thank you to the donor of the .org domain.

quote:
Originally posted by DDE11678: the first three DON'T apply to Taiwanese because if they get screwed over on a contract squabble or don't happen to have their passport or I.D. card with them when an internet cafe gets raided, etc. they don't face deportation and being banned from the country for 5 years.

Just curious… can you please cite 1 example of a foreigner that was deported and banned from the country for five years for the sole reason that they didn’t bring their ID to an internet cafe?

Foreigners in Taiwan have many legitimate grievances, but hyperbole is not going to help the cause.