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TITLE: TAIWAN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
TAIWAN
In 1993 Taiwan continued its rapid progress toward a
pluralistic system truly representing the island's population.
Open political debate and a freewheeling print media
contributed to a vigorous democratic environment. The new
Legislative Yuan (LY) took an increasingly active role. In
November local mayor and county magistrate elections were
freely, fairly, and energetically contested, marking a new
stage in competitive party politics in Taiwan. The
disproportionate role of Chinese mainlanders who had dominated
both politics and government in Taiwan since 1945 through the
Nationalist Party (KMT), already sharply reduced by the
National Assembly (NA) (1991) and LY (1992) elections, was
further curtailed at the KMT's 14th Congress in August.
Factions led by Taiwan-born Chairman (and regime President) Lee
Teng-Hui won 80 percent of the seats on the Central and Central
Standing Committees. Senior military officers were discouraged
from seeking high KMT positions, thereby enhancing the
political neutrality of the military. Following the lifting of
martial law in 1987 and the disbanding of the Taiwan Garrison
General Headquarters in 1992, most law enforcement functions
are handled by civilian police agencies.
Taiwan's basically free market economy has major sectors
dominated by state- and party-run enterprises--including
finance, transportation, utilities, telecommunications,
shipbuilding, steel, and petrochemicals. Because of opposition
and media pressure, the KMT has promised to make public
information about its enterprises. Taiwan's economy continued
to shift toward the service sector and capital- and
technology-intensive industries. Shortages of unskilled labor
and high labor costs resulted in the exodus of many
labor-intensive manufacturers as well as the continued
importation of foreign workers.
Political rights made further advances with the ending of
restrictions on dissidents returning to Taiwan. A new cable
television law and steps to open new radio and television
frequencies have begun to end the long-term monopoly of
broadcast media by the authorities and the KMT. New
legislation brought significantly improved protection for the
rights of juveniles and children. Administrative changes
raised the level of offices dealing with aboriginal affairs to
give more attention to the needs of this group.
Despite a much improved human rights environment, human rights
abuses continued. There continued to be credible reports of
police and military abuse of detainees. A pattern of
restrictions on workers' rights of association and to strike
continues to be a significant problem. Some "antihoodlum"
regulations, including a "secret witness" system, violate
internationally accepted standards of due process. Child
prostitution, including the sale of aboriginal children, and
discrimination and violence against women remained significant
problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Political and Other Extrajudicial Killing
Five police officers in Taichung City were indicted for beating
to death a rape suspect in August. The death of World United
Formosans for Independence Secretary-General Wang Kang-Lu in an
October Taipei car crash was branded a "political
assassination" by his family and supporters although though no
evidence was found by year's end proving that the death was
politically motivated.
There were no other reports or claims of political or other
extrajudicial killings directed by the authorities in 1993.
However, there was the shooting of a county council member and
his secretary in Yunlin county, reportedly by gangsters, and of
a Chiayi county opposition leader investigating the collection
of illegal fees from fishermen by his fishermen's association
may have had political motives. Also, long-time oppositionist
Peng Ming-Min alleged in August that a security official had
suggested murdering him to curb the "rising voice of Taiwan
independence." Since Peng did not file charges, the
authorities did not investigate the allegation.
Although corporal punishment is forbidden under military law,
physical abuse of military personnel continues. At a public
hearing in July on human rights abuses in the military, the
deputy military police commander admitted there were problems
with the management of the armed forces and apologized to
family members of people who died while serving in the
military. These included two detainees beaten to death at
separate military reformatories during the past 2 years.
b. Disappearance
There were no reports of persons being abducted or secretly
arrested by the authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Credible reports of physical abuse of persons in police custody
continued. Five police officers in Tainan City were indicted
in January for torturing two robbery suspects, and three more
policemen were indicted in June for torturing another robbery
suspect. Taiwan law allows suspects to have attorneys present
during interrogations, primarily to ensure that abuse does not
take place.
The Ministry of Justice (MOJ) claims that each interrogation is
recorded and that all allegations of mistreatment are
investigated. Lawyers and legal scholars note that abuses most
often occur in local police stations where interrogations are
not recorded and when attorneys are generally not present.
Detainees who are physically abused have the right to sue the
police for torture, and confessions obtained through torture
are inadmissible in court proceedings.
Prison overcrowding is an increasing problem. According to
reports, MOJ statistics show more than 50,000 inmates in the 43
detention facilities in Taiwan, at least 15,000 more than the
facilities' maximum capacity. To reduce the overcrowding, the
MOJ is studying reduction of the amount of time prisoners must
serve before applying for parole from one-half to one-third of
their sentences.
Conditions at detention camps for illegal immigrants are
reportedly poor. More than 2,000 illegal immigrants from
mainland China are in custody, and some of them mounted hunger
strikes and other protest actions at detention centers. Among
those people detained are four who claim to have left the
mainland for political reasons but whose cases have not been
reviewed for more than a year. There have also been reports of
harsh treatment and lengthy detentions of illegal foreign
laborers and Vietnamese boat people in the San Hsia holding
center. The Chinese Association for Human Rights (CAHR) and
the U.S.-based Asia Watch are following the case of one San
Hsia detainee, Xu Li-Fang, a mainland student activist who
entered Taiwan in 1991 on a counterfeit Salvadoran passport and
claimed political persecution, but who is facing possible
forced repatriation to the Peoples Republic of China (PRC).
d. Arbitrary Arrest, Detention, or Exile
Police may legally arrest without a warrant anyone they suspect
of committing a crime for which the punishment would be 5 years
or more in prison and may question persons without a formal
summons. The authorities must, within 24 hours after
detention, give written notice to the detainee, or a designated
relative or friend, stating the reason for the arrest or
questioning. Indicted persons may be released on bail at
judicial discretion.
The Criminal Procedure Code (CPC) specifies that the
authorities may detain a suspect for up to 2 months during the
investigation phase before filing a formal indictment. The
prosecutor's office may extend the investigative detention for
one additional 2-month period. A suspect may be held for up to
3 months during trial proceedings, and the court may extend the
trial detention for two additional 3-month periods. The
authorities generally have followed these procedures, and
trials usually take place within 3 months of indictment.
In March the Judicial Yuan (JY) released its draft of revisions
to the CPC, including provisions which may increase protections
for the accused. These include giving suspects the right to
remain silent when arrested, reducing the time allowed for
initial interrogations, and shortening the 4-month period that
suspects may be held without charges. The JY has sent the
draft revisions to the Ministry of Justice (MOJ) of the
Executive Yuan (EY) where they were still under review at
year's end.
The request of a suspect to have a lawyer present during the
investigation phase is generally respected, but defense lawyers
complain that persons often are not advised of their right to
have legal representation during police interrogation, and
there is no legal requirement that indigent persons be provided
with counsel during police interrogation.
A continuing departure from international standards of due
process is the secret witness system under the "Antihoodlum
Law." This system allows police to conduct "sweeps" of
suspected "hoodlums"--81 were reportedly picked up in the
seventh island-wide sweep in September--and use the testimony
of unidentified informants in detaining the suspects. Counsel
for the alleged hoodlums are not permitted to cross-examine the
informants. While defense attorneys recently have been given
the right to examine documentary evidence, critics charge that
evidence in these cases is often weak or fabricated. In 1992
the Antihoodlum Law was revised to bring secret witnesses under
the criminal statutes for perjury, but critics say this is not
sufficient because the detainees often lack the means to prove
perjury.
According to the JY, the secret witness system is not used in
normal criminal procedures; "antihoodlum" punishments are
"administrative procedures." Based on evidence provided by the
police, a specialized court determines whether or not an
accused hoodlum should receive reformatory education. This
decision may be appealed by the accused to a higher court.
Critics say that courts simply rubberstamp police decisions,
and, while most detainees appeal their sentences, most remain
unchanged. Courts do not determine the length of reformatory
education; reformatory authorities make this decision based on
the behavior of the detainee. The usual term is 3 to 6 months
for a first offense, and detention of repeat offenders may be
extended for up to 3 years.
e. Denial of Fair Public Trial
The right of fair public trial is provided for by law and
generally respected in practice. Taiwan's legal system does
not provide for trial by jury. In a typical court case,
parties and witnesses are interrogated by a single judge but
not directly by a defense attorney or prosecutor. The judge
may decline to hear witnesses or to consider evidence a party
wishes to submit. All judges are appointed by, and responsible
to, the JY. Although observers in the past have characterized
the judiciary as not fully independent and as susceptible to
political and personal pressure, there was little such
criticism in 1993. Nonetheless, press reports indicate a group
of judges at the Taichung district court asked the Judicial
Yuan to allow judges themselves to decide on their annual
projects and assignments rather than have their court
presidents decide for them.
In a landmark decision, the Supreme Court in March overturned,
because of lack of evidence, Taiwan independence activist
George Chang's 1992 conviction for violent sedition, including
attempted murder, in connection with a 1976 letter-bomb plot.
Defense attorneys had appealed the prosecution's reliance on
evidence obtained from a prisoner during a 1977 military
tribunal, which the witness publicly recanted during Chang's
trial.
Trials are public, but attendance at trials involving juveniles
or politically sensitive issues may require court permission.
A defendant has the right to an attorney; if the defendant is
suspected of committing a crime for which the penalty is 3 or
more years' imprisonment, or if the defendant is handicapped or
elderly, the judge may assign an attorney. Criminal law
specifically provides the defendant with protection from
self-incrimination. Persons convicted in cases in which the
sentence exceeds 3 years have a right to appeal to the High
Court and to the Supreme Court. Those sentenced to 3 years or
less can appeal only to the High Court. Life imprisonment and
death sentences are automatically reviewed by the Supreme Court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Warrantless searches, common before the lifting of martial law,
are unusual now. An exception is car searches, which are
routinely conducted at roadblocks. Otherwise, a warrant,
issued by a prosecutor or a judge, must be obtained before a
search, except when incidental to arrest. However, critics
claim that the "incidental to arrest" provision is often
interpreted broadly by police to justify searches of locations
other than actual sites of arrests.
There continue to be reports, which many observers find
credible, that police and security agencies interfere with the
right to privacy, including allegations of surveillance and
interception of correspondence and telephone calls. In March
legislators complained about National Security Bureau (NSB)
tapping the phones of mainlander KMT politicians and of DPP
members, a charge the NSB denied. An Australian scholar
complained in June that he had been closely watched and
followed since his arrival in Taipei a short time earlier.
According to EY regulations, judicial and security authorities
may file a written request to a prosecutor's office to monitor
telephone calls to collect evidence against a suspect involved
in a major crime. The authorities claim they do not monitor
the telephones of opposition figures.
A major improvement in the right to privacy occurred in 1992
when the "second personnel offices," maintained by the Ministry
of Justice Investigation Bureau to monitor civil servants'
political and ideological loyalties, were replaced by
politically neutral "government ethics departments" charged
with anticorruption duties and the security of government
agencies. The MOJ claims, and most critics agree, that it has
kept its promise to destroy "second personnel office" dossiers
relating to the political loyalties of civil servants and
employees of state-run corporations.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
In May 1992, Taiwan revised sedition statutes to eliminate
provisions outlawing "conspiracy" to commit sedition and to
limit the purview of the sedition law to cases involving
violence or threats. After the revision, the authorities
released all prisoners convicted on sedition charges and
dropped pending sedition cases. According to a prominent
lawyer, no new sedition charges were filed during 1993.
A 1992 revision of the National Security Law (NSL) removed
prohibitions on "actions against the Constitution." However,
the NSL--and related statutes such as the Civic Organizations
Law and the Parade and Assembly Law--still retain prohibitions
against advocating Communism or espousing the division of
national territory. No prosecutions for violations of these
provisions were undertaken in 1993.
Censorship of the print media (more than 70 newspapers publish
regularly) is rare, but the Publications Law empowers the
police to seize or ban printed material that is seditious,
treasonous, sacrilegious, interferes with the lawful exercise
of public functions, or violates public order or morals. No
seizures of materials on political grounds occurred in 1993,
although there were several raids to seize pornographic
materials. The Government Information Office (GIO) decided
that the September publication in Taipei of the biography of
mainland leader Deng Xiaoping written by his daughter did not
violate the Publications Law or any other concerned regulations.
Four professors were found guilty in July of libel for leading
a boycott against a newspaper they alleged slanted its
reporting in favor of the PRC and against Taiwan; they have
appealed their sentences. In September the Taipei district
court convicted a Democratic Progressive Party (DPP) legislator
of interference with a public function for insulting a vice
justice minister at an LY Judiciary Committee meeting. The
court ruled that execution of the sentence, 50 days of forced
labor and a fine of about $24 (NT 600), be delayed for a 1-year
probationary period. The legislator has ignored the entire
case on the grounds of LY immunity and plans no appeal.
In contrast with the relatively open and highly competitive
environment in which the print media now operate, television
and radio remained tightly controlled. The KMT, the Taiwan
provincial government, and the military are the largest
shareholders of and operate the three broadcast television
stations. The GIO argues that these stations are really
civilian businesses since government agencies control less than
half of their stock shares, that their programming is guided by
the market rather than by the GIO or the KMT, and that they
rely on revenues from commercials and services rather than
government funds. Critics claim that television coverage has
been slanted to favor the KMT viewpoint and that reports on
sensitive subjects, such as opposition demonstrations, have
been similarly biased. A television journalist, cited as best
news anchor in March, was quoted as saying that the award had
actually been given to the "best puppet" because of political
interference in television news reporting.
Authorities have claimed only 12 of 33 radio stations have been
owned by military and civil authorities, but they have counted
among ostensibly "private" stations such entities as the
KMT-controlled Broadcasting Corporation of China. More than
three-fourths of Taiwan's radio frequencies have been held by
government, party, and other noncommercial entities.
Although there are a number of unregistered cable television
networks, no requests to open new radio and television stations
had been approved from 1969 until 1993. The GIO accepted
applications in May for the use of 28 FM frequencies and
announced in December that 13 new radio stations, including a
radio station run by an opposition DPP LY member which had been
operating illegally, would be given FM channels. In May the
Minister of Transportation and Communications (MOTC) announced
that 2 VHF frequencies would be made available by the end of
the year and new stations could start operation as early as
1996. In June the MOTC announced that in addition 4 UHF
frequencies, 2 more FM frequencies and 34 AM frequencies would
be made available in 1994. In July the LY passed a new cable
television law, dividing the island up into over 50 districts,
each of which is allowed up to 5 local cable television
companies. By December, more than 600 previously illegal cable
TV operations had registered with the GIO to legalize their
operations under interim cable television regulations which
apply until the cable television law takes full effect. The
authorities are also setting up a new public television network
to begin operation in 1995.
Critics charge that the limited broadcast ranges of new radio
and television stations do not constitute a counterweight to
the authorities' monopoly on island-wide broadcasting.
Moreover, some critics are concerned that the KMT, with its
vast economic resources, or large corporations will try to
control these new "investment arenas." Also regulations
restrict the rights of those previously convicted of sedition
to station ownership or management, although major opposition
leaders are not affected because their rights have been
restored through presidential amnesty. Persons who have been
convicted of sedition continue to be banned from working in
television or radio stations.
The authorities lifted controls on the percentage of time
television and radio stations could broadcast in dialects in
July. Although the Taiwanese dialect is the mother tongue of
most of the island's inhabitants, 80 percent of broadcasting in
the past had to be done in Mandarin. Now broadcasting is done
in Mandarin, Taiwanese, Hakka (television and radio), and
aboriginal dialects (radio only).
Restrictions on academic freedom have continued to diminish,
and expression of dissenting political views is common.
Teachers are sometimes pressured to discourage students from
demonstrating and risk being disciplined if they express
unorthodox views. No tenure system exists to protect
teachers. However, the trend has been to disregard political
loyalty when considering the factors affecting professional
advancement. In December the LY revised existing law to
prohibit political parties from establishing party branches at
universities, as well as in court and military areas.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is provided for in the
Constitution but is somewhat restricted in practice. The Civic
Organization Law requires all civic organizations to register,
but authorities have refused to approve registration of some
groups, such as the Taiwan Association for Human Rights (TAHR),
that use the word "Taiwan" in their titles. The TAHR, however,
continues to operate. According to the Parade and Assembly
Law, as amended in 1992, peaceful demonstrations are permitted
if approved in advance by the authorities and if they do not
advocate Communism or advocate Taiwan's separation from China.
The new law also reduced from 7 to 6 the number of days before
a demonstration that an application must be filed. Penalties
for violating orders to disperse, however, were increased.
Opposition leaders who organized demonstrations have been
prosecuted and fined in the past for alleged harm to public
order, interference with public functionaries (usually the
police), assembly without a permit, or for diverging from
officially authorized routes. Demonstrators are also liable
for "insults or slander" of public officials. Prosecutors deny
that politics has played a part in decisions to bring charges
under the Parade and Assembly Law, but the authorities have not
asserted that those being prosecuted personally advocated or
engaged in violence. Observers say that there were few
prosecutions under the Parade and Assembly Law in 1993.
However, several people were indicted after the anti-KMT
alliance riots in Kaohsiung in March, and their cases are
pending.
The July 1992 revision of the Civic Organization Law removed
from the EY the power to dissolve political parties. This
power now resides in a Constitutional Court composed of members
of the judiciary's Council of Grand Justices, which was
inaugurated in October. Grounds for such dissolution include
objectives or actions that are deemed to jeopardize the
existence of the Republic of China. No cases were heard by the
Constitutional Court during 1993.
c. Freedom of Religion
The constitutional provision for freedom to practice religion
is generally observed in practice. Most Taiwan inhabitants
adhere to Confucianism, Taoism, Buddhism, animism, or a
combination of these beliefs. Other religions include
Christianity and Islam. There is no established or favored
religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Legislature revised the NSL in 1992, easing restrictions on
overseas Taiwanese and others entering Taiwan. Restrictions on
the entry of PRC citizens were also eased somewhat by the
revision of the NSL in 1992 but remain strong. Former Taiwan
residents still require permission to enter the island, but
entry restrictions were revised to cover only those about whom
there are facts sufficient to create a strong suspicion of
engaging in terrorism or violence. The NSL revision was
followed by a Ministry of Interior (MOI) announcement that the
list of excluded overseas dissidents had been reduced from 282
to fewer than 5.
The reversal of policy was symbolized by New York Law School
Professor Chen Lung-Chih who had been blacklisted for years for
serving as "foreign minister" for World United Formosans for
Independence, a Taiwan independence group. Chen returned to
Taipei twice in 1993, the second time as the opening speaker at
a conference on Taiwan's bid to enter the United Nations
organized by the opposition DPP and funded by the Ministry of
Foreign Affairs.
In September 1993, the deputy director of the MOI's Entrance
and Exit Bureau announced that the "blacklist problem" no
longer existed. In October a former Taiwan legislator, who
went to the mainland a decade ago and served as a member of the
Standing Committee of the PRC's National Congress (PNC),
returned to Taiwan after his retirement from that
organization. Also in October, the last of the major dissident
leaders, Shih Ming, returned to Taiwan after more than 40
years' exile in Japan. Shih, who has refused to accept the
legitimacy of the KMT-led regime--including its right to
regulate his entrance to Taiwan--was released on bail pending
hearings on illegal entry and sedition charges. After Shih's
release on bail, the prosecutor for the High Court formally
dropped the arrest order against him, marking the end of
Taiwan's four-decade-long "wanted list" of sedition suspects.
The High Court prosecutor held an investigative hearing
December 2 to determine whether Shih violated sedition laws by
advocating overthrowing the government by means of violence or
threats. The prosecutor's investigation was continuing at
year's end. Charges involving illegal entry as well as
document forgery (for falsifying a passport) were also still
pending at the district court against independence activist
George Chang. In addition, the entrance of a number of foreign
supporters of the Taiwan opposition remains restricted.
Except for military and other restricted areas, there is
general freedom of internal travel. An exit permit is required
for travel abroad and may be refused for a number of reasons,
including failure to complete compulsory military service.
Entry permits for Taiwan passport holders residing overseas may
also be refused. Reasons for entry and exit refusals must be
given, however, and appeals may be made to a special board. In
September new measures guaranteed that Taiwan passport holders
who normally reside abroad may return and regain their
household registrations, which are required if they wish to be
candidates in elections. Nonresident Taiwan citizens, however,
are usually issued "overseas Chinese" passports and require
entry permits to travel to Taiwan.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Taiwan has made fundamental, rapid progress in moving away from
its authoritarian political system to a more pluralistic one.
The KMT, which established itself in Taiwan after the Japanese
surrender in 1945, remains the ruling party but has become
increasingly factionalized. A group of KMT legislators split
off in August to set up a new opposition party, the Chinese New
Party (CNP). In addition, the DPP, having won one-third of the
seats in the 1992 LY elections, became a stronger opposition
power.
Reflecting their constitutional claim to be the government of
all of China, the authorities maintain not only provincial and
local government systems but also an array of central-level
political bodies generally identical to those found on the
mainland before 1949. In the past, centers of power on Taiwan
have been the Presidency, the EY, the military and security
apparatus, and the KMT Central Standing Committee. Currently,
the Presidency, the EY, and the LY appear to have the most
power.
Both the President and Vice-President have been elected by the
National Assembly (NA), although a movement toward direct
election is under way. The Premier is appointed by the
President with the approval of the LY. The NA has jurisdiction
over constitutional revisions and meets in regular session only
once every 4 years, although it holds extraordinary sessions in
most years. The elections of a new NA and LY in 1991 and 1992,
respectively, created institutions broadly representative of
the island's population. There had been no general elections
to these two bodies since before the 1949 KMT retreat to Taiwan.
The LY elected in December 1992 underwent some changes in
makeup. With the establishment of the CNP and other changes,
the KMT holds 94 seats, the DPP 52, the CNP 7, and the
independents and the Chinese Socialist Democratic Party the
remaining 7. The 1992 LY election was considered generally
free and fair, and cases involving vote-buying and other
irregularities in those elections were resolved in 1993. By
March 31, district prosecutors had processed 417 suspected
vote-buying cases, completed the investigations of 345 of them,
and brought formal charges in 18. After the 1991 NA elections,
the prosecutors investigated 250 cases and brought formal
charges in 50.
In November local mayor/magistrate elections were conducted in
a generally free and competitive atmosphere, although
opposition members and observers reiterated claims of bias by
the broadcast media (see section 2.A.). There were some claims
of election irregularities, but prosecutors found insufficient
evidence to invalidate any of the results.
Originally composed overwhelmingly of mainlanders, the KMT's
membership of over 2 million is now more than 70 percent
Taiwanese. (Taiwanese comprise an estimated 85 percent of
Taiwan's population, with post-1949 Chinese mainlanders and
their offspring comprising most of the remainder.) During the
KMT's 14th party congress in August, Taiwanese Chairman Lee
Teng Hui's supporters captured control of 80 percent of the
leadership positions. The benefits the KMT enjoys from its
ownership of enterprises, access to public funds, and
assistance from administrative and security agencies give it a
significant advantage, and the line between government and
party interests has often been blurred in practice. For
example, the Finance Minister concurrently heads the KMT's
special party branch for financial affairs, and the Chairman of
the Vocational Assistance Commission for Retired Servicemen
concurrently heads the KMT's party branch for retired
servicemen. However, this party-state structure has come under
increasing opposition and media criticism.
Passage of the civic organizations law in 1989 legalized the
formation of additional political parties. At present, there
are 74 registered parties. The major opposition party, the
DPP, was formed in 1986 in defiance of martial law; it
registered as a political party in April 1989. The DPP claimed
a membership of 50,000 in September. The newly-formed Chinese
New Party claimed a membership of 30,000 the same month. Other
opposition parties are much smaller.
Although women in Taiwan are guaranteed equal rights under the
Constitution, their role in politics remains limited. At an
international conference on women in December in Taipei,
attended by 360 women leaders from 24 countries, one leading
Taiwanese woman lawyer said that there were social,
traditional, and family barriers against women entering
politics, but not legal ones. Senior regime women leaders
include Minister Without Portfolio and KMT Central Standing
Committee (CSC) member Shirley Kuo (a former finance
minister), KMT Deputy Secretary-General and CSC member Jeanne
Tchong-Kwei Li, as well as the Director-General of the National
Health Administration, 15 of 161 LY members, 42 of 325 NA
members, 13 of 77 Provincial Assembly members, 3 of 29 Control
Yuan members, 205 of 1,221 judges, and one major general in the
armed forces.
The opposition parties have faced several disadvantages, among
them the authorities' virtual monopoly of television and radio,
although this is beginning to change (see also Section 2.a.).
With the exception of those whose rights were restored by
presidential amnesty, persons convicted of sedition also lost
their rights to vote, hold public office, and work in, manage,
or own television or radio stations.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Taiwan's two principal human rights organizations are the
establishment-oriented Chinese Association of Human Rights
(CAHR) and the opposition-aligned Taiwan Association for Human
Rights (TAHR). Coordination between the two bodies is
limited. Despite the authorities' refusal to register it, TAHR
continues to operate. As noted in Section 2.b., both
organizations investigate human rights complaints, many of
which come to public attention through the media and statements
by lawmakers from all political parties.
The authorities permit representatives of most international
human rights organizations to visit Taiwan and meet citizens
freely.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The law prohibits sex discrimination, and most discriminatory
sections of the Legal Code relating to divorce, property, and
child custody have been eliminated in recent years. Taiwan's
laws now provide for equitable distribution of conjugal
property in divorce cases, although husbands are given
management of any postdivorce joint properties.
Enforcement of other sex discrimination laws remains a
problem. While labor laws provide for maternity leave,
employers do not always grant it. Women have also complained
of being forced to quit jobs because of age or childbearing
restrictions, and restrictive quotas reportedly exist within
certain ministries. Women often receive less frequent
promotions and lower salaries than their male counterparts. A
women's rights movement is active and growing, however, and
women's rights groups formed an alliance during the 1992 LY
elections to promote candidates who support their agenda.
Women active in politics, human rights, and women's
organizations single out intrafamily violence, especially wife
beating, as a serious problem. Social welfare groups and
municipal governments have established assistance centers to
deal with this issue, but strong social pressure is sometimes
exerted on abused wives to conceal their abuse to avoid
"disgracing" their families. Greater mobility, education, and
job opportunities--there are now 2.4 million women workers in
Taiwan--are making women more independent, less inclined to
tolerate domestic abuse, and increasingly willing to complain
of mistreatment or to seek divorces. Taiwan's divorce rate is
reportedly the highest in Asia, with one divorce for every 4
marriages in 1992, although divorced persons still make up less
than 2 percent of the population, according to the MOI.
Rape remained a serious problem, and rape victims are socially
stigmatized. One expert estimated that at least 7,000 rapes
occur in Taiwan each year, but only 10 percent are reported to
the police. Under Taiwan law, the authorities may not
prosecute for rape; only the victim may file a complaint.
Because rape trials are public, women are reluctant to
prosecute their attackers. However, feminist and social
welfare organizations have assisted rape victims, and victims
are now more willing to come forward and press charges. The
Criminal Code establishes the punishment for rape as not less
than 5 years' imprisonment, and those convicted are usually
sentenced to 5 to 10 years of imprisonment. The standard
practice followed by the MOJ is to assign female prosecutors to
rape cases and to have the cases heard before female judges.
One well-publicized case, in which a secretary was raped by a
businessman in the presence of a senior MOJ investigator,
brought an especially strong reaction from women's groups. The
officer was sentenced to 19 months' imprisonment for his
actions, and the bureau's director publicly apologized to the
victim, her family, and the country's women for the officer's
inaction.
Children
The human rights of children in Taiwan are protected by the
Constitution and a number of laws and are normally well
respected. Children are generally not subject to abuse or
maltreatment by the authorities. However, a significant
problem of child prostitution does exist (see below), and there
is a minor but growing use of child labor (see Section 6.d.).
An extensive and well-supported compulsory educational system
testifies to the quantity and quality of support devoted to
children by the authorities. The Constitution guarantees free
primary education to all children from 6 to 12 years of age and
that those from poor families shall be supplied with books by
the government. It also provides that "national, provincial,
and local governments shall extensively establish scholarships
to assist students of good scholastic standing and exemplary
conduct who lack the means to continue their school
education." Later laws have extended compulsory education
through age 15. The Ministry of Education (MOE) says that
99.79 percent of children complete elementary school and that
99.54 percent complete the compulsory intermediate school
years. According to the Constitution, spending on education
shall be no less than 15 percent of the central budget, 25
percent of the provincial and special municipality budgets, and
35 percent of the county and city budgets. MOE says that 30
percent of its overall budget, approximately $1 billion, is
spent on compulsory education.
Child prostitution remains a serious problem in Taiwan. Child
prostitutes can be as old as 18, but most range from 12 through
16 years of age. The Juvenile Welfare Law enables juvenile
welfare bodies, prosecutors, and victims to apply to courts for
termination of guardianship of parents and the appointment of
qualified guardians if parents have forced their children into
prostitution. In cases where children are engaged in
prostitution of their own free will, and the parents are
incapable of providing safe custody, the courts may order
competent authorities to provide counseling education for not
less than 6 months and not more than 2 years.
However, legal loopholes and cultural barriers remain obstacles
to prosecution. For example, in cases where both parents have
sold a child into prostitution, the current law requires the
victim to lodge a complaint before prosecution is undertaken.
In many cases, the child is reluctant or afraid to do so.
According to some reports, violence, drug addiction, and other
forms of coercion are used by brothel owners to prevent girls
from escaping. Laws directed against customers and pimps of
child prostitutes are weak. In October, 59 legislators
endorsed a new bill stiffening penalties against customers of
child prostitutes, although at year's end the bill remained in
committee.
Indigenous People
Taiwan's only non-Chinese minority group, less than 2 percent
of the total population of 21 million, consists of the 344,000
aborigines, descendants of the Malayo-Polynesians already
established in Taiwan when the first Chinese settlers arrived.
In general, the civil and political rights of aborigines are
fully protected under Taiwan laws. Although they face no
official discrimination and have reserved seats in the
National, Legislative, and Provincial Assemblies which allow
their representatives to participate in the overall political
process, the aborigines have had little impact over the years
on major decisions affecting their lands, culture, traditions,
and the allocation of their natural resources.
While their impact has been limited, aborigines participate in
most levels of the political system. In addition to the
representatives filling the six seats in the National and
Legislative Assemblies and two seats in the Provincial Assembly
reserved for aborigines--half of each elected by the plains
aborigines and half by mountain aborigines--other leaders who
are aborigines include the Chief of the Ministry of Interior's
Aborigine Affairs section, the Deputy Director of the
Provincial Aborigine Affairs Bureau, and the Chairman of the
Pingtong County KMT Committee. Some barriers are being
broken: the election of an aborigine as magistrate in Taitung
County in November marks the first significant position won by
an aborigine in a vote of the general public.
The NA amended the Constitution in 1992 to upgrade the status
of aboriginal people, protect their right of political
participation, and ensure cultural, educational, and business
development. In addition, the authorities have instituted
social programs to help them assimilate into the dominant
Chinese society. To pay greater attention to the needs of the
aborigines, aboriginal affairs sections within social welfare
departments at various levels of the bureaucracy have been
raised to full departments. As part of its efforts to preserve
ethnic identities, the Ministry of Education now includes some
aboriginal language classes in primary schools.
Although aborigines face no official discrimination, they
encounter significant cultural and economic barriers.
Aborigines complain that they are prevented from owning
ancestral lands in mountain areas under the authorities'
control. Furthermore, they are not allowed to use non-Chinese
personal names on legal documents. The average income of
Taiwan's aborigines remains less than half of the national
average. Researchers have found alcoholism to be a significant
problem among the aborigines, with alcohol addiction rates
exceeding 40 percent among members of 3 of the 9 major tribes.
One estimate is that 10 percent of the aboriginal population
suffers from chronic alcohol abuse. Earlier in the year,
aborigine rights activists protested MOI plans to create
national parks that include aboriginal lands on Orchid Island
and at Jade Mountain, Taiwan's highest mountain. In October
they returned to demonstrate at the LY against the impact of
tourism on their lands. The sale of aboriginal girls by their
parents into prostitution is a serious social problem.
Although aborigines constitute under 2 percent of Taiwan's
population, nearly 20 percent of the child prostitute
population consists of aborigines, according to reliable
statistics.
Although the aborigines face serious problems, the Aboriginal
Rights Promotion Association, the only private aborigines
support organization, has apparently run out of funds. It
decided in October to move its office from Taipei county to the
home of its chairman in Nantou county because of its financial
difficulties.
People with Disabilities
According to official statistics, there are 230,000 disabled
people in Taiwan. A leading expert in the field estimates,
however, that the number is somewhere between 400,000 and
500,000 and could be as high as 700,000, one-third of whom are
severely handicapped and receive shelter or nursing care from
the authorities.
Taiwan's Disabled Welfare Law was revised and strengthened in
1990. It prohibits discrimination against the disabled and
sets minimum fines at approximately $2,239 for violators. New
public buildings, facilities, and transportation equipment must
be accessible to the handicapped. Existing public buildings
are to be brought into conformity by 1995. The law requires
larger government and private organizations to hire,
respectively, 2 and 1 percent disabled persons. Organizations
failing to do so are required to pay, for each disabled person
not hired, the basic monthly salary (approximately $455) into
the Disabled Welfare Fund, which supports institutions involved
in welfare for the disabled. Specialists note that many
organizations complain that it is difficult to find qualified
disabled workers and prefer to pay the fines involved.
A handicapped legislator states that support for the disabled
is limited mostly by a lack of bureaucratic support for the
allocation of resources. He noted that since 1990 the Disabled
Welfare Fund has accumulated approximately $122 million, but it
has spent only about $140,000 because of a lack of personnel.
As a result, only 10 percent of the 101,000 severely
handicapped students receive special education, and education
department funding for families to hire tutors directly for the
remaining children is unrealistically low. Although voting
rights for the disabled are protected, candidates for public
office require high school diplomas, and few disabled persons
receive full high school educations. The provincial government
last year added 15 people to deal with the problems of the
disabled. In addition, in conjunction with plans to increase
welfare assistance to low-income elderly persons, the Cabinet
in October also approved granting or increasing monthly
allowances to an estimated 30,000 low-income disabled persons.
Section 6 Worker Rights
a. The Right of Association
Labor's right of association remains seriously limited by a
number of laws and regulations. Labor unions may draw up their
own rules and constitutions, but they must submit these to the
authorities for review. Unions may be dissolved if they do not
meet certification requirements or if their activities disturb
public order. According to official sources, no unions have
been dissolved, although certification has been denied if there
were competing unions. In the latter cases, the unions were
asked to reconcile their differences and file as a single
union. Civil servants, teachers, defense industry workers, and
administrators acting on behalf of employers are prohibited
from organizing labor unions. The Labor Union Law requires
that union leaders be elected regularly by their respective
membership by secret ballot, and, in recent years, workers have
sometimes rejected KMT or management-endorsed union slates.
Some workers have established independent unions and
federations under other names, such as "friendship
organizations" and "brotherhood alliances." These groups may
register with the MOI as legal civic organizations but not as
labor unions; thus they are not protected by the labor union
law and do not have the right to bargain with their members'
employers.
Unions may form confederations, but no administrative district,
including cities, counties, and provinces, may have competing
labor confederations, which effectively means there can only be
one Taiwan-wide labor federation. The Chinese Federation of
Labor (CFA) is closely associated with the KMT and also is
affiliated with the International Confederation of Free Trade
Unions. Taiwan is not a member of the International Labor
Organization.
Revisions of the law governing labor disputes, effective June
1988, recognize labor's right to strike but impose serious
restrictions that make legal strikes difficult. Before a
strike can be called, it must be approved by a majority vote of
the full membership of the union. The authorities have
required their official approval before such a meeting can be
called. Both labor and management are forbidden to disrupt the
"working order" when either mediation or arbitration is in
progress.
Applications for local government arbitration must be made
jointly by management and labor. Stiff penalties may be levied
should no-strike/no-retaliation clauses be violated, but
employers have sometimes ignored the law and dismissed or
locked out workers without any legal action being taken against
them. One county, however, has been active in responding to
violations. During a July 1992 strike, the Keelung Bus Company
locked out workers and closed down all bus routes, even though
the Taipei county government had announced that the dispute had
entered the arbitration stage. The county fined the company
approximately $12,300, but higher authorities overturned the
fine and returned the case to the county for reconsideration.
The county reinstated the fine, and the company has again
appealed.
The drive for independent labor unions lost momentum in recent
years due to generally higher wages, tougher tactics on the
part of employers, the small scale and poor organization of
most labor unions, and prosecution of labor activists by the
authorities in the past; none was charged during 1993. For
example, labor activist En Kun-Chan was sentenced to 22 months'
imprisonment in 1992 for allegedly violating the Parade and
Assembly Law and with interference with official functions for
his part in a protest against two footwear companies which
refused to provide back pay and severance pay after the firms
were closed.
In addition, the movement of a number of labor-intensive
factories overseas and the importation of foreign workers has
made the employment situation in Taiwan increasingly
competitive, reducing labor activism to a minimum. There were
three major strikes in 1989 and two in 1992, but only one
occurred in 1993, when the staff of Taipei's Grand Hotel in
October protested plans to lay off more than 100 employees.
However, an estimated 2,000 workers, representing more than 140
independent labor organizations demonstrated at the LY on
October 5 and presented a petition, signed by more than 15,000
workers, demanding their own revisions to the Labor Standards
Law to improve pay and working conditions.
b. The Right to Organize and Bargain Collectively
As of June 1993, some 3.1 million workers, approximately 35
percent of Taiwan's work force, belonged to 3,656 officially
registered labor unions. The workers fall into two categories:
660,000 work in the manufacturing industry; 2.45 million are
members of professional or crafts unions, generally working in
small or family units. The high number of union members among
professional and crafts workers is primarily a result of the
eligibility of labor union members for health insurance. Under
the labor union law, employers may not refuse employment to,
dismiss, or otherwise unfairly treat workers because they are
union members. In practice, however, union leaders have
sometimes been dismissed without reasonable cause by employers,
and authorities have failed to enforce this section of the
law.
Labor laws governing union activities apply equally within
export processing zones (EPZ's). Labor organizing practices
are the same in EPZ's. EPZ firms are subject to the same labor
laws as firms on the outside, allow organized unions, and
follow normal practices in concluding collective bargaining
agreements with their unions.
Collective bargaining is provided for under the Collective
Agreements Law but is not mandatory. As of June 1993, 294
formal collective agreements were in force, about the same
number as in 1991. Since such agreements are made only in
large-scale enterprises, and less than 5 percent of Taiwan's
enterprises fall into this category, the proportion of workers
covered remains small. Wages are set generally by employers in
accordance with market conditions. Legal restrictions on the
right to strike and provisions for involuntary mediation of
labor/management disputes when the authorities deem the dispute
to be sufficiently serious or to involve "unfair practices"
seriously weaken collective bargaining. Most collective
actions by workers consist of such illegal actions as work
stoppages and mass leave taking.
c. Prohibition of Forced or Compulsory Labor
Under the Labor Standards Law, forced or compulsory labor is
prohibited. Violation of the law is punishable by a maximum
jail sentence of 5 years. Except for allegations concerning
prostitution (see Section 5), there were no reports of forced
labor.
d. Minimum Age for Employment of Children
The Labor Standards Law stipulates that the minimum age for
employment is 15 (i.e., after compulsory education ends), and
interaction between this law and a compulsory education law
effectively keeps child labor at a very low level. As of May
1993, 9,000 child workers between the ages of 15 and 16 were
hired by manufacturing industries, and some labor experts
believe that employment of younger children may slowly be
increasing as the cost of living rises and as managers seek
cheaper sources of labor. Minimum age laws are enforced by
county and city labor bureaus; in general they lack the
resources necessary to prevent violations.
e. Acceptable Conditions of Work
The Taiwan Labor Standards Law was enacted in 1984 to provide
minimum labor standards. According to the Council of Labor
Affairs (CLA), in June 1993 the law covered 3.52 million of
Taiwan's 5.97 million paid workers. (The CLA carries out the
functions of a labor ministry, but it does not enjoy Cabinet
rank.) The law has enjoyed only limited success in several
areas, and many observers believe that it and other labor laws
should be strengthened and extended to cover additional
workers. By law the workweek is limited to 48 hours (8 hours
per day, 6 days per week), with certain provisions for overtime.
Taiwan's current minimum wage, put into force after Cabinet
approval in August, is approximately $500 (NT 13,350) per
month. There is general agreement that the legally established
minimum wage is less than that needed to assure a decent
standard of living; however, the average manufacturing wage is
more than double the legal minimum wage and that for service
industry employees is 10 percent higher still. In addition,
most large firms provide their employees with allowances for
transportation, meals, housing, and other benefits which can
amount to another 60 to 80 percent of base salary.
The 1991 Occupational Safety and Health Law enlarged coverage
to include workers in agriculture, fishing, and forestry
industries and appeared to strengthen penalties for safety
violations, but it still provides only minimum standards for
working conditions and health and safety precautions.
According to Article 13 of the Occupational Safety and Health
Law, workers have the legal right to remove themselves from
dangerous work situations without jeopardy to continued
employment. Some critics see the law as a step backwards,
noting for example that general contractors are not responsible
for the safety of workers of subcontractors under the revised
law. In Taipei county in the last 3 years, the leading cause
of accidental death has been construction accidents
(approximately 80 per year) compared to approximately 70 per
year for traffic accidents. However, rising labor
consciousness and continuing labor shortages have resulted in
improvements in working conditions.
The CLA does not effectively enforce many workplace laws and
regulations, primarily because it employs too few inspectors.
As of June 1993, there were 283 inspectors for approximately
300,000 enterprises covered by the Occupational Safety and
Health Law, an increase of only 16 inspectors compared to the
year before. Because the new law expanded coverage to include
more enterprises, the inspection rate has declined. Since most
enterprises are small, family-owned operations employing
relatives who will not report violations, actual adherence to
the hours, wage, and safety sections of various labor laws is
hard to document but is thought to be minimal. Nonetheless,
Taiwan's occupational injury rate has declined steadily from
0.82 percent in 1980 to 0.39 percent in 1991 and to 0.355
percent in 1992, according to CLA statistics.
Because of Taiwan's acute labor shortage, there was a legal
influx of foreign workers in 1993. Foreign workers receive the
same protection under labor legislation as local workers.
Authorities say illegal workers are entitled to the same work
conditions as native workers, but in many cases illegal foreign
workers are given board and lodging but no medical coverage,
accident insurance, or other benefits enjoyed by local
workers. Conditions in many small and medium-sized factories
that employ illegal labor are poor, with old and poorly
maintained equipment resulting in the potential for a high rate
of industrial accidents. The accident numbers, however, remain
low, according to CLA and Manila Economic and Cultural Office
(MECO) statistics. Illegal workers remain vulnerable to
exploitation, including confiscation of passports, imposition
of involuntary deductions from wages, and extension of working
hours without overtime pay.
Various church groups in the Philippines in 1992 denounced the
poor working conditions of Filipinos employed on board Taiwan
fishing vessels, as well as squalid conditions found on
offshore Taiwan floating "hotels" for fishing crews on Taiwan
fishing boats. MECO says the use of offshore "hotels" has
ended. The church groups also noted that a large number of
Filipino fishermen have been reported as missing at sea.
[end of document]
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