Top 10+1 Human Rights News in Taiwan

Top 10+1 Human Rights News in Taiwan

Starting from 1999, Taiwan Association for Human Rights (TAHR) has annually released 10 most important human rights news events in Taiwan. Following the tradition, TAHR released 2005’s the most important news events regarding human rights in Taiwan on December 22nd. The selected news items include:

◎ National Fingerprint Archive
The Taiwanese government’s policy of establishing a national fingerprint archive is, to our concerns, likely to greatly influence people’s everyday lives and possibly result in violation of privacy rights. A group of Democratic Progressive Party’s legislators filed a complaint to the Constitutional Court accusing that the policy was inadequate. The Grand Justices interpreted from the Constitution that the policy is in violation of the Constitution. As a result, Interpretation No. 603 of the Grand Justices has become of considerable significance for Taiwan and its justice system. Furthermore, being able to put a stop to a policy that endangers people’s rights is doubtless a winning outcome for Taiwan Association for Human Right and other supporting groups.

◎ Migrant Worker Policy = Slavery
A Thai workers’ riot in Kaohsiung was a clear manifestation of the Taiwanese government’s faulty policy regarding the employment and management of migrant workers. It is known that foreign laborers receive horrible and unjust treatment in Taiwan. Several Philippine workers were beaten by the security guards of Formosa Plastics, one of the largest and most noted corporations in Taiwan, for refusing to work under sweatshop conditions, such as low pay, mandatory overtime, poor working environment and often coercive factory regulations. The injured victims were then deported immediately after the assault and battery without being given a chance to call the police, let alone receive a lawful trial. It is evident that the government’s policies on the importing of foreign workers and the broker system are problematic. The Council of Labor Affairs is inevitably to blame for the lack of protection of migrant workers’ rights.

◎ Domestic Violence and Child Abuse Worsened, Prevention Better Than Reparation
Multiple incidents of domestic violence and child abuse occurred in Taiwan this year. It is heart-breaking and infuriating to see such tragedies take place when they could have been prevented in the first place. Parents have often abused their children and taken the children along when committing suicide. We condemn all types of violence and urge the government to enact policies that protect women and children from all forms of violence in all sectors of society.

◎ Freedom of Speech Heading Backwards？
The Gin Gin’s bookstore case has exposed a controversy over the definition of “obscenity” stipulated in Article 235 of the Criminal Code, and to what degree the freedom of speech is guarded by the Constitution. As Taiwan’s only gay bookstore, Gin Gin’s struggles to fight against unreasonable charges of obscenity that threaten people’s rights to freedom of speech and expression. (For more information regarding this issue, please visit http://gsrat.net/en/index.php)
The evident lack of gender consciousness in Taiwan’s judicial system has been brought to our attention. Another minority-oppressing law is Article 29 of “Anti-Sexual Business Provisions for Children and Teenagers,” which was first passed to protect children and teenagers under the age of 18. Yet, the Article does not include a clear age limit, and, in consequence, adults are prosecuted for leaving sexually suggestive messages on the Internet. We believe that the laws themselves and how the police and the prosecution have abused them are extremely inappropriate. Such acts are in serious violation of human rights and the freedom of speech.

◎ Mass Gathering and Demonstration Act
There is still much room for improvement in Taiwan’s Mass Gathering and Demonstration Act. People in Taiwan are allowed to gather and protest; yet they must receive permission from the police in advance. According this Act, when a gathering exceeds a certain amount of time, a suit will be brought against the person in charge, and he or she will be heavily penalized. Very often, the police and the prosecution use this Act to arrest and prosecute people involved in mass gatherings. It is clearly another example of the authority’s domination over the public’s fundamental rights.

◎ Gender/Sexual Discrimination in Public Policy
Has the passing of the Gender Equality Labor Law in Taiwan helped eliminate gender discrimination in the workplace？ Unfortunately, it seems that the answer is negative. Several government departments still set limits on the numbers of male and female staff members when recruiting people this year. In addition, Taiwan is also the first democratic country in the world to have implemented Internet censorship against websites with sexual content. The oppression of sexual minorities’ cyberspace and the public’s right to equal work opportunities is arbitrary and an unreasonable use of power.

◎ No Hair Ban, No Corporal Punishment ？
Hair bans and corporal punishment are forms of violence. Is violence what we want to teach the next generation？ Instead of teaching children to think independently and respect others, schools impose power upon children.

◎ Say No to Disease Discrimination！
Society in Taiwan and policies made by the government hold an unbelievable amount of discrimination against patients of Hansen’s disease (leprosy) and AIDS. Gay men are restricted from donating blood, AIDS patients are shunned by their neighbors, and Hansen’s disease patients are forced to move out of the houses they have lived in for their whole lives. It is understandable that most people fear these diseases, as they do not know enough about them. However, it is the government’s responsibility to educate the public and show them the proper attitude to have in dealing with the diseases.

◎ Silent Killer: Pollution
Several serious cases of pollution occurred in Taiwan this year, including an oil spill in the sea around Lanyu Island and a dioxin leak at a chemical factory in Tainan. Environmental issues, interrelated with human rights, are on the third tier of human rights. Environmental protection is a responsibility that we all share and worthy of our concerns.

◎ Abolition of Capital Punishment
The abolition of capital punishment reflects how highly a country regards the right to life. The Taiwan Alliance to End the Death Penalty was established in anticipation of opening discussions regarding death penalty issues. Even though in Taiwan capital punishment has not yet been completely eradicated, there was more dialogue in relation to the death penalty this year.

◎ Hansen’s Disease’s (Leprosy) Patients in Lo Sheng Sanitarium
A verdict that is crucial to the fate of the 25 remaining patients of Lo Sheng Sanitarium arrived from Japan on October 25, 2005. After months of litigation, the Tokyo District Court finally came to the decision that the leprosy patients, who were forced to live in Lo Sheng Sanitarium during the Japanese Colonial Period, are entitled to compensation from the Japanese government in accordance with the “Hansen’s Disease Patients’ Compensation Law.” The verdict means a great deal to the patients and TAHR even though the Japanese government has filed an appeal. In addition, the Council for Cultural Affairs has agreed to make Lo Sheng Sanitarium an historic site. An Act that would protect Hansen’s disease patients’ rights has been drafted and is now pending in the Legislative Yuan. We look forward to the implementation of the Act. (For more information regarding this issue, please visit http://www.tahr.org.tw/index.php/article/2005/10/25/429/