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TITLE: TAIWAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
TAIWAN
Taiwan has a constitutional system headed by President Lee
Teng-hui, who was elected by the National Assembly (NA) in
1990. President Lee, who is also the Chairman of the
Nationalist Party (KMT), appoints the Executive Yuan (EY), or
Cabinet, which has been headed since February 1993 by Premier
Lien Chan. The Legislative Yuan (LY) approves the selection of
the Premier. Members of the NA and LY were chosen in free and
fair elections in 1991 and 1992, respectively. The KMT remains
the country's dominant political force, but two opposition
parties also command considerable public support.
During 1994 Taiwan made significant progress in its transition
to a democratic, multiparty political system--a process which
began with the lifting of martial law in 1987--by holding
generally free and fair popular elections for three previously
appointed positions, the governor of Taiwan province and the
mayors of the cities of Taipei and Kaohsiung, and by passing
constitutional amendments that provide for the direct election
of both the President and Vice President. The first direct
presidential election is scheduled for 1996.
The Ministries of Interior (MOI), Justice (MOJ), and National
Defense (MND) are responsible for law enforcement relating to
internal security. The National Police Administration (NPA) of
the Ministry of Interior, the NPA's Criminal Investigation
Bureau (CIB), and the Ministry of Justice Investigation Bureau
(MJIB) carry out their law enforcement functions in accordance
with laws designed to respect and safeguard individual human
rights. Reports of occasional abuses by these agencies,
however, continue to exist. The National Security Bureau and
military police units also play a limited law enforcement role.
Taiwan has a dynamic, free market economy, although state and
party-run enterprises dominate some major sectors, including
finance, transportation, utilities, shipbuilding, steel,
telecommunications, and petrochemicals. The economy continued
its shift toward the service sector and capital and
technology-intensive industries, due to shortages of unskilled
labor and high domestic labor and land costs.
Although the overall human rights environment improved, there
continued to be human rights abuses. These included a few
alleged cases of extrajudicial killings and torture by the
security forces, infringements on internationally accepted
standards of due process, restrictions on the freedoms of press
and assembly, child prostitution and abuse, discrimination and
violence against women, restrictions on workers' freedom of
association, and limitations on workers' freedom to strike.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings. In October the
family of a Tainan prisoner who died in August accused the
prison staff of beating the prisoner to death and charged that
the authorities were conspiring to cover up the circumstances.
This case was still under investigation at year's end. In
September the family of a soldier in Kaohsiung claimed that
excessive exercise he was ordered to undertake as a form of
punishment caused his death. A legislator raised this incident
in an emergency interpellation to the Ministry of National
Defense, but it remained unresolved at year's end.
Several cases of extrajudicial killing from 1993 were
resolved. In January a military court sentenced a lieutenant
and four sergeants to prison terms ranging from 18 months to 12
years for torturing to death Chen Shih-Wei in July 1993 at a
military reformatory on Green Island. In March the Taichung
district court sentenced the deputy chief of Taichung city's
third police precinct to 10 years in prison for the torture
death of a rape suspect in August 1993; four other policemen
were acquitted for lack of evidence.
In October the Taipei Shihlin district court ruled that the
death of Wang Kang-Lu, Secretary General of the World United
Formosans for Independence, in an October 1993 Taipei car crash
was an accident rather than a "political assassination" as
charged by his family and supporters. The driver of the
vehicle which struck the taxi in which Mr. Wang was riding and
the taxi driver were both sentenced to prison, for 20 months
and 8 months respectively, for negligence resulting in death.
Also in October, the Taipei district court sentenced four
wardens at the Taipei detention center to from 14 to 30 months
in prison for torturing a homicide suspect in September 1993.
Although the suspect later died, the judge ruled that the death
resulted from a preexisting physical condition rather than from
torture.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were credible reports that police occasionally physically
abused persons in their custody. In addition to claims that a
prisoner was beaten to death in Tainan (see Section l.a.), a
deaf-mute university student indicated at a press conference in
August that Taoyuan county police tortured him because he was a
suspect in the murder of a female college student.
The authorities did make efforts to investigate, prosecute, and
punish officials responsible for torture and other
mistreatment. Although the basic responsibility for
investigating mistreatment lies with prosecutors, the Control
Yuan (CY), an equal government branch which investigates
official misconduct, investigated several such cases during the
year. In one major case in August, the CY criticized the
Taipei city police for arresting under "emergency procedures"
three young men suspected of involvement in a 1988 kidnaping
and murder case, holding them for arraignment for 24 hours
without notifying their relatives and using violence and
threats among other interrogation tactics. The CY impeached
four Taipei city policemen for using "violence, threats,
temptation, and cheating" while interrogating one of the
suspects and three superior officers for allowing the
misconduct. The case was referred to the Judicial Yuan (JY),
the equal branch of government comprising the national judicial
system, for decision and remained under review at year's end.
While the 1993 torture death of a suspect in Taichung resulted
in the conviction of the offending policeman (see Section
l.a.), two other cases of police torture of suspects in 1993
remained under investigation without indictments being issued.
However, progress was made in dealing with an earlier case.
The Taichung district prosecutor indicted the former criminal
investigation team leader from Taichung county's Fengyuan
police subbureau for torturing four suspects in a 1990 murder
case; the suspects were later found not guilty. In April the
Judicial Yuan's Committee on the Discipline of Public
Functionaries ordered the former chief of the subbureau
suspended from duty for 1 year and the former chief of the
subbureau's criminal investigation section discharged from
public service without possibility of being rehired for 2 years
for their failure to prevent the torture.
The 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. No such suits were reported during 1994.
Although corporal punishment is forbidden under military law,
there continued to be occasional reports of physical abuse of
military personnel. In addition to the case involving possible
excessive punishment resulting in a soldier's death in
Kaohsiung (see Section l.a.), newspapers reported the cases of
an air force member in Taichung beaten by superiors for going
outside the unit's chain of command and a Taoyuan air force
conscript who suffered maltreatment and harassment during
training which resulted in his mental breakdown. Although the
Ministry of National Defense denied the accuracy of both
stories, it noted that a number of management steps had been
taken to reduce the problem of abuse in the military, including
setting up centers within all military units to hear complaints
about mistreatment.
Some international human rights organizations have criticized
the continuous shackling for months of prisoners awaiting
executions and the "harvesting" of organs from executed
prisoners for transplants. MOJ officials claim that shackles
are necessary because such prisoners are considered to be
dangerous and the prisons are not sufficiently secure. The MOJ
states that the requirement for both a prisoner and his family
to consent to organ donations reduces the likelihood of
donations being forced.
Prison overcrowding at Taiwan's 43 detention centers remained a
problem despite some expansion of existing facilities and
amendment of the Criminal Code in January to allow prisoners to
be paroled after serving one-third, rather than one-half, of
their sentences. The more than 50,000 inmates in detention
exceed the facilities' maximum capacity by 15,000. The Justice
Minister blamed overcrowding for an October riot at Hualien
prison which left 20 injured; the prison, reportedly designed
for 1,151 inmates, houses 2,000. According to the MOJ, the
number of prisoners has grown rapidly in recent years because
of increased arrests of narcotics law violators who now make up
30 percent of the overall inmate population. The MOJ is
setting up drug treatment facilities to reduce the number of
addicts in the prison population.
Conditions at detention camps for illegal immigrants continued
to be poor. The Entry and Exit Bureau admitted that the three
detention camps are overcrowded but blamed mainland Chinese
authorities for delays in accepting the timely repatriation of
illegal immigrants. Mainland detainees spent an average of 113
days in detention. An expansion project for the centers is
under way.
In July a group of 12 black inmates, almost all from African
countries, at the San Hsia illegal aliens detention center
claimed that 6 policemen had beaten and tortured a black inmate
the previous month. They also charged the camp's police with
racial discrimination and ill-treatment of the black inmates.
The National Police Administration (NPA) claims there is no
discrimination against any detainee because of religion, race,
color, or language.
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
imprisonment of 5 years or more 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
investigative 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.
The authorities generally respect a detainee's request to have
a lawyer present during the investigation phase, but defense
lawyers continue to complain that people often are not advised
of their right to have legal representation during police
interrogation. In addition, there is no legal requirement that
indigent people be provided with counsel during police
interrogation, although such counsel is provided during trials.
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" and use the testimony of unidentified
informants in detaining the suspects. Lawyers for the alleged
hoodlums are not permitted to cross-examine these informants.
While defense attorneys have been given the right to examine
documentary evidence, critics charge that evidence in these
cases is often weak or fabricated. Although the testimony of
the secret witnesses is included under the criminal statutes
for perjury, critics claim that the detainees often lack the
means to prove perjury.
The Judicial Yuan (JY) claims that the secret witness system is
required to wipe out hoodlums and maintain social order and
security. The 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. Courts may 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.
Critics say that these specialized courts simply rubber-stamp
police decisions, and while virtually all detainees appeal
their sentences, most remain unchanged. According to JY
statistics, of the 1,763 hoodlum cases referred to the special
courts in 1993, 73 percent (1,287) were determined to warrant
reformatory education.
e. Denial of Fair Public Trial
The Judicial Yuan (JY) is one of the five equal branches of
Taiwan's political system. It consists of a President, a Vice
President, and a 16-member Council of Grand Justices. It
interprets the Constitution as well as laws and ordinances.
Subordinate JY organs include the Supreme Court, high courts,
district courts, the Administrative Court, and the Committee on
the Discipline of Public Functionaries. The Constitution
provides for equality before the law. Judges, rather than
juries, decide trials.
All judges are appointed by, and responsible to, the JY.
Although some in the past have characterized the judiciary as
not fully independent and as susceptible to political and
personal pressure, most observers believe the judiciary now is
generally independent and impartial. The only public criticism
in 1994 came from illegal radio station owner Hsu Jung-Chi who
claimed his convictions for inciting illegal demonstrations
were a form of political persecution (see Sections 2.a. and
2.b.). To strengthen judicial autonomy, under its new
president, Shih Chi-yang, the JY began a 1-year trial reform
program in November which includes having each district's
presiding judge elected by the district judges rather than
appointed from above.
The law provides for the right of fair public trial, and this
is 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 if the judge considers it irrelevant; refusal
to hear evidence can be a factor in an appeal. Trials are
public, but attendance at trials involving juveniles or
potentially sensitive issues which might attract crowds 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 disabled 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 the right to appeal to the high
court and to the Supreme Court. The Supreme Court
automatically reviews life imprisonment and death sentences.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution and sections of the criminal and civil codes
contain provisions for privacy. The authorities generally do
not make warrantless searches, which were common before the
lifting of martial law. A warrant, issued by a prosecutor or a
judge, must be obtained before a search, except when incidental
to arrest. Critics, however, claim that the "incidental to
arrest" provision is not only unconstitutional but often
interpreted broadly by police to justify searches of locations
other than actual sites of arrests. Moreover, police continue
to search cars routinely at roadblocks.
According to the National Police Administration, warrantless
searches are allowed only in specialized circumstances, such as
to arrest an escapee or if facts indicate a person is in the
process of committing a crime and the circumstances are
urgent. In any such case, the police must file a report with
the prosecutor or court within 24 hours. Evidence collected
without a warrant, according to regulations, is not excluded
from introduction during a trial; however, a policeman who
carries out an illegal search can be sued for illegal entry and
sentenced up to 1 year's imprisonment.
Although in the past allegations were made that police and
security agencies interfere with the right to privacy through
such means as surveillance and interception of correspondence
and telephone calls, there were no reports of such interference
for political purposes in 1994. 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.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech, teaching,
writing, and publication, but some restrictions exist in
practice, especially in relation to Taiwan's electronic media.
During the year, the authorities continued the measured steps,
begun in 1993, to liberalize the previously tight control by
the authorities and the KMT over broadcast television and radio.
In August the Office of the High Court Prosecutor formally
dropped sedition charges against Shih Ming, the last of the
major dissident leaders, who had returned to Taiwan illegally
in 1993 after more than 40 years' exile in Japan. The
prosecutor determined that Mr. Shih had not tried to overthrow
the Taiwan authorities with threats or violent acts (see also
Section 2.d). The dropping of sedition charges against Mr.
Shih officially confirmed the end of Taiwan's four-decade-long
"wanted list" of sedition suspects.
In 1992 the Taiwan authorities 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.
Also in 1992, the Taiwan authorities revised the National
Security Law (NSL), removing 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.
Taiwan has a vigorous and active free press despite the
Publications Law which 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. There were no reports of
censorship of the print media during the year. Nor were there
seizures of materials on political grounds, although the police
conducted raids to seize pornographic materials.
In February the Government Information Office (GIO) reiterated
that any publications imported from mainland China should be
sent to the GIO Publications Department for screening before
sale or publication in Taiwan. The GIO bans the importation of
publications which advocate communism or United Front
organizations, endanger public order or good morals, or violate
regulations or laws. However, few local publishing companies
observe this regulation. The Department estimated that 10,000
copies of mainland publications are imported annually.
In a well-publicized libel case, four professors found guilty
in 1993 for leading a boycott against a newspaper they alleged
slanted its reporting in favor of mainland China and against
Taiwan were successful in their appeal. In August the high
court reversed the lower court verdict and affirmed the
defendants right to criticize the media. The high court,
however, rejected a libel suit filed by one of the defendants
against the newspaper involved.
The KMT, the Taiwan provincial government, and the military
continue to operate the three island-wide broadcast television
stations and to be their largest shareholders. The GIO claims
that these stations are really civilian businesses since the
authorities control less than half of their stock shares. The
GIO notes that their programming is guided by the market rather
than the GIO or the KMT and that they rely on revenues from
commercials and services rather than public funds. Critics,
notably the two principal opposition parties, claim that
coverage on the three broadcast television stations has been
slanted to favor the KMT viewpoint and that reports on
sensitive subjects, such as opposition demonstrations, have
been similarly biased. A breakthrough occurred in October when
a leading newspaper and one of the television channels
sponsored a live debate among the three Taipei mayoralty
candidates--Taiwan's first televised debate among election
candidates.
More than three-fourths of Taiwan's radio frequencies have been
held by the authorities, the KMT, and other noncommercial
entities. In the past, the Taiwan authorities claimed only 12
of the 33 radio stations legally operating were owned by
military and civil agencies, but they counted among ostensibly
"private" stations such entities as the KMT-controlled
Broadcasting Corporation of China.
Past refusals by the authorities to approve requests to
establish new radio and television stations led to the
establishment of a number of illegal underground cable
television and radio stations. Many of these stations
broadcast in the Taiwanese dialect rather than in Mandarin and
reflect the views of or support for the opposition Democratic
Progressive Party (DPP).
In 1993 the authorities began a multiyear process to loosen
controls on television. The LY passed a Cable Television Law
dividing the island into 51 districts, each of which is allowed
up to five local cable television companies. By the end of
1993, more than 600 previously illegal cable television
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. In addition, two more broadcast
television frequencies are being made available.
Also in 1993, the GIO began a five-stage process to open radio
frequencies. In the first two stages, the GIO approved
licenses for 24 20-kilometer-range FM stations; included were 6
pro-DPP stations, 3 of which were already operating illegally.
Critics charge that the limited broadcast ranges of the new
television and radio stations do not constitute a counterweight
to the authorities' monopoly on island-wide broadcasting. Some
critics have also been concerned that the KMT, with its vast
economic resources, or large corporations will try to control
these new "investment arenas."
The authorities' control of the media continued to be a
volatile issue. On July 30, GIO staff members and 6,719
policemen raided 14 underground pro-DPP radio stations across
the island for operating illegally; included was the
antiestablishment "Voice of Taiwan" (VOT) in suburban Taipei.
The underground radio supporters and the DPP claimed that the
raids infringed on freedom of the press and the people's right
to know, and were designed to muzzle the opposition on the eve
of sensitive negotiations between Taiwan and mainland China as
well as stifle debate prior to the December elections.
In an August 1 demonstration in Taipei protesting the raids,
hundreds of demonstrators attacked the GIO headquarters and
other public and KMT buildings. More than 30 demonstrators and
police were injured. Reporters and cameramen were targeted for
attack by the demonstrators who feared being identified from
news films. Twelve demonstrators were indicted for violations
of the Parade and Assembly Law (see also Section 2.b.),
interfering with public functions, and causing bodily harm;
four were sentenced to from 3 to 5 months in prison (a sentence
which may be converted to a fine). Charges against the others
were dropped for lack of evidence. In a separate incident a
few days later, a GIO staff member involved in the July 30
raids was stabbed and severely injured on his way to work.
Four suspects were indicted in December upon completion of the
investigation into the incident and face trial. The violence
continued into October when six to eight persons broke into the
VOT studios and used baseball bats to smash broadcasting
equipment and beat staff members. The VOT claimed the attack
was carried out by plainclothes policemen, a charge which was
never substantiated.
(###)
In response, GIO Director General Jason Hu tried to encourage
underground stations to become legal by announcing in August
that the GIO would lower the minimum capitalization costs
required for 99 new 5-kilometer-range community radio stations
from approximately $2 million to $40,000 and accelerate the
pace of the licensing process for these stations. In December
the GIO approved 46 of 174 applications for the community radio
stations, including 10 from already operating illegal stations.
Among other restrictions regulating the media are those
precluding people previously convicted of sedition from owning,
managing, or working in television and radio stations.
However, major opposition leaders, many of whom were convicted
of sedition after the December 1979 Kaohsiung incident, are not
affected because their rights were restored through
presidential amnesties.
The authorities lifted controls on the percentage of time
television and radio stations could broadcast in dialects in
1993. Although the Taiwanese dialect is the mother tongue of
most of the island's inhabitants, the authorities had
previously required that 80 percent of broadcasting be in
Mandarin. Broadcasting is now done in Mandarin, Taiwanese,
Hakka (television and radio), and aboriginal dialects (radio
only).
There appear to be few restrictions on academic freedom. The
expression of dissenting political views is common. However,
school authorities still sometimes pressure schoolteachers to
discourage students from joining demonstrations.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, but the Taiwan authorities restrict these rights
somewhat in practice. The Civic Organization Law requires all
civic organizations to register; however, the authorities have
refused to approve registration of some groups--such as the
Taiwan Association for Human Rights (TAHR), the Taiwan
Association of University Professors, and the Taiwan
Environmental Protection Alliance--which use the word "Taiwan"
in their titles (a usage which is regarded by the authorities
as promoting Taiwan independence). These groups, however,
continue to operate.
The Parade and Assembly (P&A) Law permits peaceful
demonstrations as long as they do not promote communism or
advocate Taiwan's separation from mainland China and are
approved in advance by the authorities. The 1992 amendments to
the law increased penalties for violating orders to disperse.
Demonstration organizers can be prosecuted and fined for harm
to public order, interference with public functionaries
(usually the police), assembly without a permit, or diverging
from officially authorized routes. Demonstrators are also
liable for "insults or slander" of the authorities.
Critics question the need for all assemblies to apply for
advance permits; in August, groups demonstrating peacefully at
the LY were dispersed under P&A law provisions because they
lacked permits. In general, the authorities disperse such
gatherings rather than prosecute peaceful P&A Law violators.
Those prosecuted under the P&A Law in 1994 included the group
indicted for participating in the violent August 1
demonstration in Taipei (see Section 2.a.) and another 22
people indicted for participating in the brawling which
prevented the Chinese New Party from holding a September 25
rally in Kaohsiung (see Section 3). In addition, VOT radio
owner Hsu Jung-Chi was sentenced in October twice for violating
the P&A law. He received 8 months' imprisonment for inciting a
February demonstration by taxi drivers in front of the Ministry
of Finance to protest the high cost of mandatory insurance and
was sentenced to a further 5 months for inciting another
demonstration in April to protest the razing of the KMT
headquarters building. Hsu remains free on bail while
appealing these sentences. Charges against Hsu are also
pending for organizing the August 1 demonstration in Taipei.
A 1992 revision of the Civic Organization Law removed from the
EY the power to dissolve political parties. This power now
resides in the Constitutional Court, composed of members of the
Judiciary's Council of Grand Justices. Grounds for dissolution
include objectives or actions which are deemed to jeopardize
the existence of the "Republic of China." The Constitutional
Court heard no cases in 1994.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the
Taiwan authorities respect this right in practice. There is no
established or favored religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The authorities do not restrict freedom of internal travel
except for a few military and other restricted areas. Foreign
travel by Taiwan passport holders resident on the island
requires an exit permit. Nonresident Taiwan passport holders
are usually issued "overseas Chinese" passports and require
entry permits to travel to Taiwan. According to 1992 revisions
to the National Security Law (NSL), entry permits may be
refused only if there are facts sufficient to create a strong
suspicion that a person is engaged in terrorism or violence.
Reasons for entry and exit refusals must be given, and appeals
may be made to a special board. No exit or entry permit
refusals were reported during 1994.
In 1993 new measures guaranteed that holders of Taiwan
passports who normally reside abroad may return and regain
their household registration, a document required for
participation as a candidate in an election.
In late 1993, the Ministry of Interior (MOI) announced that the
"blacklist problem," the listing of overseas dissidents
excluded from returning to Taiwan, no longer existed. However,
a few foreign supporters of the Taiwan opposition claim that
their entrance remains restricted.
Although dissident leader Ming Shih (see Section 2.a.) returned
to Japan, the Taipei district prosecutor's office indicted him
in October on charges of violating the NSL and forgery because
he had entered Taiwan with an altered passport. Charges
involving illegal entry as well as document forgery were also
still pending at the district court against independence
activist George Chang.
While the 1992 NSL amendments eased restrictions on the entry
into Taiwan of persons from Taiwan who reside overseas,
relatively tight restrictions on the entry of Chinese from the
mainland remain in force. The Entry and Exit Bureau states the
restrictions are required to maintain Taiwan's stability and
prosperity (since Taiwan is an attractive destination for
illegal immigration by mainland Chinese who can blend
relatively easily into Taiwan society). Some 60,000 mainland
Chinese visited Taiwan from November 1988 through the end of
1993; in the same period, 5.5 million trips were made by Taiwan
residents to the mainland.
Taiwan has no law under which noncitizens can ask for asylum.
However, the authorities have been reluctant to return to the
mainland those who might suffer political persecution there.
In 1994 the authorities resettled abroad five
detainees--including student activist Xu Lifang, who had
entered Taiwan in 1991 on a counterfeit Salvadoran passport, as
well as four others who had claimed in 1993 that they had left
the mainland for political reasons. In general, however,
Taiwan does deport to the mainland, under provisions of the
Mainland Relations Act, those mainlanders who illegally enter
the island.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In 1994 Taiwan made significant progress in its transition to a
democratic, multiparty political system. An extraordinary
session of the National Assembly (NA) passed constitutional
amendments which require direct popular election of the
President and the Vice President beginning in 1996. (The NA,
which meets regularly only every 4 years, has authority over
constitutional revisions.) Currently these two officials are
elected by the NA. Other amendments established procedures to
impeach or recall the President and Vice President and to allow
overseas Chinese who return to Taiwan to vote in presidential
elections. In early July, the Legislative Yuan (LY) passed
legislation which allowed the direct popular election of the
Governor of Taiwan province and the mayors of the two large
cities of Taipei and Kaohsiung, all of whom had previously been
appointed by the KMT. Other democratic advances were Taipei
county's first use of a plebiscite to elicit voter opinion and
its first recall campaign, both of which arose out of a
campaign by the Environmental Protection Alliance against a
proposal to build a fourth nuclear power plant in the county.
Elections for the NA in 1991 and the LY in 1992 allowed voters
to choose directly the full membership of these central
legislative institutions for the first time since the 1940's.
The December gubernatorial and mayoral elections were generally
free and fair and were vigorously contested. Over 75 percent
of eligible voters participated. However, allegations of
vote-buying and some campaign violence marred the elections.
The KMT won the first election ever held for governor of Taiwan
province as well as the first election since 1979 for mayor of
Kaohsiung, Taiwan's second largest city. The DPP won the first
election since 1964 for mayor of Taipei, a race in which the
Chinese New Party (CNP), a breakaway KMT faction, came in
second.
While there are now over 70 (mostly very small) political
parties functioning in Taiwan, only 3 of them hold real power:
the Nationalist Party (KMT), the DPP, and the CNP. The KMT,
although much reduced in size from the days when it was the
only significant party, is still, with 2 million members, by
far the largest. It also benefits from its domination of the
broadcast media, from ownership of enterprises and business
holdings estimated to be worth in excess of $6 billion, and
from the fact that its members still hold most key positions in
the authorities, sometimes concurrently with important party
positions.
The DPP, established in 1986 even before additional political
parties were legalized, remains the main opposition party; it
has one-third of the members in the LY (50 of 153 at year's
end), holds 7 (of 23) mayor and magistrate posts--including the
mayor of Taipei, and has an estimated 70,000 members. The CNP,
established in 1993 by younger KMT members who opposed the
KMT's domination by the "mainstream" supporters of Chairman
Lee, holds seven LY seats and claims 44,000 members. The CNP
demonstrated its strength in northern Taiwan by winning 11 of
the 52 seats on the Taipei municipal council during the
December election. The DPP and CNP, supported at times by the
five independent legislators, played a major role in the LY
despite the KMT's majority. During the LY's second session,
beginning in September, for example, the KMT lost its
traditional majorities on the foreign affairs, national
defense, and education committees, giving its political
opponents an increased voice in legislative debates on these
issues.
Following March elections for city and county council speakers
and deputy speakers, Justice Minister Ma Ying-Jeou, supported
by President Lee Teng-Hui, led a widespread crackdown on
election bribery. More than 330 of the 883 council members who
had been elected in January, along with 131 others were
indicted as a result of this investigation. The overwhelming
majority of these were KMT members. Of those indicted, more
than 280 received sentences ranging from a few months to more
than 7 years in prison; the council members remain in office,
however, pending appeals of their sentences to the high court.
The Constitution provides for equal rights for women, but their
role in politics, while increasing, remains limited.
Nevertheless, a number of women hold senior positions in the
Government and the KMT, including Minister without Portfolio
and KMT Central Standing Committee (CSC) member Shirley Kuo (a
former finance minister), KMT Deputy Secretary General and
former CSC member Jeanne Tchong-Kwei Li, the Director General
of the National Health Administration, and one major general in
the armed forces. In addition, 15 of 153 LY members, 42 of 325
NA members, 13 of 77 provincial assembly members, 3 of 29
Control Yuan members, and 205 of 1,221 judges are women.
Aborigine representatives participate in most levels of the
political system, partially through six reserved seats in the
national and legislative assemblies and two seats in the
provincial assembly--half of each elected by the Plains
Aborigines and half by Mountain Aborigines. Other appointed
officials 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 Pingtung county KMT Committee. In addition, the elected
magistrate of Taitung county is an aborigine.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The 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 (see
Section 2.b.), TAHR continues to operate. 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 international human
rights organizations to visit Taiwan and meet citizens freely.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution provides for equality of citizens before the
law "irrespective of sex, religion, race, class, or party
affiliation." Other laws guarantee the rights of disabled
persons. While the authorities are committed to protecting
these rights, some areas of discrimination continue to exist.
Women
The law prohibits sex discrimination, and many discriminatory
sections of the Legal Code relating to divorce, property, and
child custody have been eliminated in recent years. In
September the Council of Grand Justices (CGJ) declared
unconstitutional a Civil Code provision dating back to the
1930's which gives fathers priority in child custody disputes.
However, the CGJ ruling invalidating this provision does not
take effect for 2 years.
Taiwan does not have an equal employment rights law, and
enforcement of existing sex discrimination laws remains a
problem. Labor laws provide for maternity leave, but employers
do not always grant it. Women have also complained of being
forced to quit jobs upon marriage or because of age or
pregnancy. Women often complain of less frequent promotions
and lower salaries than their male counterparts.
Domestic violence, especially wife beating, is a serious
problem. According to a survey by the Taiwan provincial Social
Affairs Department in March, 17.8 percent of married women have
been beaten by their husbands. The DPP Women's Development
Committee said other statistics showed 35 percent of married
women were victims of spouse abuse. The issue was highlighted
by the conviction in February of Teng Ju-Wen, who was sentenced
by the district court to 5 1/2 years in prison for murdering
her husband, despite her claim to have been a victim of her
husband's abuse for many years; her sentence was later reduced
to 3 1/2 years on appeal. According to Taiwan laws, a
prosecutor may not investigate domestic violence cases until a
spouse files a formal lawsuit. Although some cases are
prosecuted, strong social pressure discourages abused women
from reporting incidents to the police in order to avoid
disgracing their families.
Rape also remains a serious problem, and its victims are
socially stigmatized. One expert believes that only 10 percent
of the estimated 7,000 rapes occurring annually are reported to
the police. Under Taiwan law, the authorities may not
prosecute for rape; only the victim may file a complaint. The
Criminal Code establishes the punishment for rape as not less
than 5 years' imprisonment, and those convicted are usually
sentenced to from 5 to 10 years in prison. The standard
practice followed by the MOJ is to assign female prosecutors to
rape cases and to have the cases heard before female judges.
Because rape trials are public, women have been reluctant to
prosecute their attackers--although support from feminist and
social welfare organizations has made victims more willing to
come forward and press charges. In a May demonstration in
Taipei, 1,000 people demanded better legislation to prevent
sex-related crimes and called on the Minister of Education to
resign for failure to handle sexual harassment and rape cases
on college campuses.
In April a group of Taiwan women married to foreigners held a
press conference to claim discrimination because their husbands
are not given residence or working rights in Taiwan and their
children are not allowed to enter public schools. After the
issue was raised, the authorities announced that foreign
husbands would be allowed to stay in Taiwan for 6 months at a
time rather than being given residence permits for shorter
periods. The authorities noted that special registration
permits are available to allow the children of Taiwan women
with foreign husbands to attend public schools. Officials
note, however, that some of these regulations will continue to
exist until nationality laws are amended.
Prostitution, including coerced prostitution and child
prostitution (see below), is also a problem in Taiwan although
there is little public attention to the adult prostitution
issue. When the police discover illegal prostitution, the
cases are prosecuted according to the Criminal Code. However,
the authorities do accept the existence of registered houses of
prostitution, especially in urban areas including Taipei and
Kaohsiung.
Children
The Constitution has provisions to protect children's rights,
and the authorities are committed to support them. Education
for children between 6 and 15 years of age is compulsory and
enforced. The Constitution provides that 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.
Child prostitution is a serious problem involving between
40,000 and 60,000 children, an estimated 20 percent of them
aboriginal children (see Indigenous People section below).
Most child prostitutes 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. If 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, if 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. In addition, laws directed
against customers and pimps of child prostitutes are weak.
Child abuse is also a significant problem. The Chinese Child
Welfare Foundation reported in July that 2,080 child abuse
cases occurred in Taiwan from June 1993 through July 1994--an
increase of 245 from the previous year; the Foundation said
that 80 percent of the abuse came from children's divorced
parents. The 1993 revision of the Child Welfare Act mandates
that any persons discovering cases of child abuse or neglect
must notify the police, social welfare, or child welfare
authorities, that child welfare specialists must do so within
24 hours, and that the authorities involved must issue an
investigation report within 24 hours. Both the MOI Social
Affairs Department and private organization specialists assert
that these requirements are being followed.
Indigenous People
Taiwan's only non-Chinese minority group consists of the
aboriginal descendants of Malayo-Polynesians already
established in Taiwan when the first Chinese settlers arrived.
The ethnic identification of these indigenous people was
clarified in July as the NA passed a constitutional amendment
officially changing their name from "mountain people" to
"Aborigines." According to Ministry of Interior statistics,
there were 357,000 Aborigines in Taiwan in 1993. More than 70
percent are Christian.
In general, the civil and political rights of aborigines are
fully protected under law. 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. As part of its
efforts to preserve ethnic identities, the Ministry of
Education now includes some Aboriginal-language classes in
primary schools.
Although they face no official discrimination, the Aborigines
have had little impact over the years on major decisions
affecting their lands, culture, traditions, and the allocation
of their national resources. In addition, they complain they
are prevented from owning ancestral lands in mountain areas
under the authorities' control, some of which have been
designated as national parks. A group held a demonstration at
Taiwan's major tourist site, Taroko Gorge, in October to demand
they be allowed to hunt and raise crops on ancestral lands even
if those lands are now within national parks. Aborigines claim
also that they face significant cultural and economic
barriers. The average income of Taiwan's Aborigines remains
less than half of the national average. According to MOI
statistics, only 52 percent receive elementary educations.
Researchers have found alcoholism to be a significant problem
among the Aborigines, with alcohol addiction rates exceeding 40
percent among members of three of the nine major tribes.
Aborigines are not allowed to use non-Chinese personal names on
legal documents.
The sale of Aboriginal girls by their parents into prostitution
is a serious social problem (see Children section above). The
authorities have targeted 30 aboriginal villages for visits by
social workers, provision of allowances, and vocational
training to reduce the child prostitution problem. While the
results of this particular program are not yet available, the
MOI Social Affairs Department points out that the police
discovered fewer cases of child prostitution in 1994 than in
1993, indicating a possible reduction in the problem.
People with Disabilities
The Disabled Welfare Law was revised and strengthened in 1990.
It prohibits discrimination against the disabled and sets
minimum fines at approximately $2,400 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 MOI changed its official statistics in 1994 to show more
than 280,000 disabled people in Taiwan rather than the 230,000
it recognized in 1993. A leading expert in the field, however,
noted that, although the statistics have changed, the actual
number of disabled is far larger than 280,000. The true figure
is probably between 400,000 and 500,000--possibly as high as
700,000. One-third of the disabled are severely handicapped
and receive shelter or nursing care from the authorities.
The Disabled Welfare Law requires large government and private
organizations to hire disabled persons, 2 and 1 percent of
their work forces respectively. Organizations failing to do so
must pay, for each disabled person not hired, the basic monthly
salary (approximately $540) into the Disabled Welfare Fund,
which supports institutions involved in welfare for the
disabled. However, many organizations complain that it is
difficult to find qualified disabled workers and appear to
prefer to pay the fines involved. The authorities have noted
the impact of a traditional belief that the disabled lack the
ability to do real work.
Section 6 Worker Rights
a. The Right of Association
A number of laws and regulations limit the right of
association. 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 the authorities, no unions have
been dissolved, although certification of new unions was denied
in several cases during 1994 because competing unions were
already in existence. The Labor Union Law prohibits civil
servants, teachers, and defense industry workers from
organizing and bars administrative staff who act on behalf of
employers from joining labor unions.
The Labor Union Law requires that union leaders be elected
regularly 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 a city, county, or province, can have competing labor
confederations; therefore there is only one Taiwan-wide labor
federation: the Chinese Federation of Labor (CFL). The CFL is
closely associated with the KMT. A standing member of the
CFL's board of directors is a member of the KMT's Central
Standing Committee. The restriction on island-wide unions was
challenged, however, in September when 12 unions from state-run
enterprises announced they would withdraw from the CFL and
establish a new national federation of labor unions of
state-run enterprises. Of the CFL's 2.9 million members, more
than 300,000 work at state-run enterprises. 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
unions, and prosecution of labor activists by the authorities
in the past. No labor activists were charged during 1994.
Taiwan is not a member of the International Labor
Organization. The CFL is affiliated with the International
Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
Except for the categories of workers noted in Section 6.a.
above, the Labor Union Law and the Settlement of Labor Disputes
Law give workers the right to organize and bargain
collectively. As of June, some 3.3 million workers,
approximately 35 percent of Taiwan's 9-million labor force,
belonged to 3,654 registered labor unions.
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 observers point out that the law sets no specific penalties
for violations. According to the National Federation of
Independent Trade Unionists, about 400 trade unionists and
supporters have been fired since Taiwan's labor movement began
to expand after the 1987 lifting of martial law. Some
observers believe that the firing of seven Evergreen Heavy
Industries union leaders in August was in fact due to their
union activities.
The Collective Agreements Law provides for collective
bargaining but does not make it mandatory. 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. Employers set
wages generally in accordance with market conditions.
The law governing labor disputes recognizes the right of unions
to strike but imposes restrictions that make legal strikes
difficult and seriously weaken collective bargaining. For
example, the authorities require involuntary mediation of
labor/management disputes when they deem the disputes to be
sufficiently serious or to involve "unfair practices." The law
forbids both labor and management from disrupting the "working
order" when either mediation or arbitration is in progress.
The law mandates stiff penalties for violations of
no-strike/no-retaliation clauses, but employers have sometimes
ignored the law and dismissed or locked out workers without any
legal action being taken against them. According to a January
press report, the Council of Labor Affairs (CLA) said that from
1990 to September 1993, there were 30 strikes, of which 22
involved workers at bus companies asking for increased pay and
reduced hours. (The CLA carries out the functions of a labor
ministry but lacks cabinet rank.)
Firms in export processing zones are subject to the same laws
regarding treatment of labor unions as other firms and follow
normal practices in concluding collective bargaining agreements
with their unions.
c. Prohibition of Forced or Compulsory Labor
The Labor Standards Law prohibits forced or compulsory labor.
There have been no reports of these practices.
d. Minimum Age for Employment of Children
The Labor Standards Law stipulates age 15, after compulsory
education required by law ends, as the minimum age for
employment. As a result, child labor remains at a very low
level. County and city labor bureaus enforce minimum age
laws. As of October, 11,915 workers between the ages of 15 and
16 were employed by manufacturing industries.
e. Acceptable Conditions of Work
The Taiwan Labor Standards Law (LSL) mandates labor standards.
According to the CLA, in May the law covered 3.54 million of
Taiwan's 6.1 million salaried workers. The law is not well
enforced in areas such as overtime work and pay or retirement
payments.
The law limits the workweek to 48 hours (8 hours per day, 6
days per week) and requires 1 day off in every 7 days. As of
August, the minimum wage was set at approximately $540 (NT
14,010) per month. This is less than that needed to assure a
decent standard of living for a worker and his family.
However, the average manufacturing wage is more than double the
legal minimum wage, and the average for service industry
employees is even higher.
The 1991 revised Occupational Safety and Health Law enlarged
coverage to include workers in agriculture, fishing, and
forestry industries and appeared to strengthen penalties for
safety violations; however, it still provides only minimal
standards for working conditions and health and safety
precautions. Article 13 of the Occupational Safety and Health
Law gives workers the right to remove themselves from dangerous
work situations without jeopardy to continued employment. Some
critics see the law as a step backward; they note, for example,
that general contractors are not responsible for the safety of
those working for subcontractors under the revised law.
The 1993 Labor Inspection Law was designed to strengthen the
enforcement of labor standards and health and safety
regulations. It increased the number of enterprises and types
of safety issues to be inspected; gave inspectors
quasi-judicial rights; required preexamination of dangerous
working places such as naphtha cracking plants, pesticide
factories, and firecracker factories; and raised penalties for
violations. Critics say, however, that the CLA does not
effectively enforce workplace laws and regulations because it
employs too few inspectors. In 1994 there were fewer than 300
inspectors for the approximately 300,000 enterprises covered by
the Occupational Safety and Health Law. Because the new law
expanded coverage to include more enterprises, the inspection
rate actually 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 in the smaller enterprises.
Because of Taiwan's acute labor shortage, there has been a
legal influx of foreign workers in the last several years. The
law stipulates that foreign workers who are employed legally
receive the same protection as local workers. However,
authorities say that in many cases illegal foreign workers are
given board and lodging but no medical coverage, accident
insurance, or other benefits enjoyed by individuals from
Taiwan. In addition, critics say that conditions in many small
and medium-sized factories which employ illegal labor are
dangerous, due to old and poorly maintained equipment. Illegal
workers remain vulnerable to exploitation, including
confiscation of passports, imposition of involuntary deductions
from wages, and extension of working hours without overtime pay.
In October a Council of Agriculture survey showed that 75
percent of boat owners admitted to hiring illegal mainland
Chinese seamen to work on fishing boats. Because of Taiwan
restrictions on the entry of mainlanders (see Section 2.d.),
the mainland fishermen were generally poorly housed on
"floating hotels" located 12 nautical miles offshore, outside
Taiwan's jurisdiction; 90 percent of the owners called
conditions on these floating hotels inhumane. The plight of
these workers was highlighted in July when one of several
floating hotels was caught in the first typhoon of the season
and sank, drowning 10 mainland workers and one from Taiwan.
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