Country Report on Human Rights Practices for 1986
TAIWAN
Taiwan's polity is dominated by the Nationalist Party, the
Kuomintang or KMT, in an essentially one-party authoritarian
system. In April a 12-man group from the KMT Central Standing
Committee was tasked with studying sensitive political issues
and reforms, such as lifting martial law and ending the ban on
the formation of new political parties. In September the
opposition, in defiance of the martial law ban on the
establishment of new political parties, announced the
formation of the Democratic Progressive Party (DPP) . Though
the DPP is technically illegal, the authorities have taken no
action against it, and did not interfere with the convening of
its first party congress in November. DPP candidates
campaigned under their new party's banner in the December 6
election.
The Taiwan authorities, who claim to be the government of all
of China, maintain the full array of central political bodies
originally established on the China mainland under the 1948
Constitution. In recent years, supplemental elections have
brought in younger members and have increased the vitality of
these somewhat vestigial organs. The Legislative Yuan, the
central legislative body, is evolving into a forum for
questioning policy but still lacks power to change it.
The small and aging leadership group, whose members came to
Taiwan from the China mainland after World War II, runs the
KMT, the military, the security apparatus, and the executive
bureaucracy. Political control is exercised through these
bodies under a constitution whose major democratic provisions
have been circumscribed by the martial law provisions enacted
in 1949. The authorities had been justifying martial law as
necessary to counter the threat of military action or
subversion from the People's Republic of China (PRC), but
recently they have announced their intention to rescind
martial law in the near future. Although the people of Taiwan
enjoy considerable influence in local-level decisionmaking,
they have little input into the major political decisions
affecting them.
Political evolution has occurred on Taiwan, but it has not
kept pace with economic development. Human rights are
publicly endorsed but incompletely realized. Although
tolerated, opposition activity is restricted. The expression
and publication of political views are controlled, and
opposition activities are monitored, both at home and abroad.
The confrontation over the issue of press freedom that flared
in 1984, when proliferating opposition publications printed a
rash of articles on traditionally sensitive topics,
intensified in 1986. Several opposition politicians and
magazine publishers and editors were imprisoned or sentenced
to prison for violating the libel or election laws or both.
The opposition and some independent observers charge that
these cases were politically inspired.
A vocal opposition exists and enjoys a wide range of popular
support, as well as some freedom of expression. With the
mediation of scholars, the KMT and the opposition met twice
during the spring to conduct a dialogue. In October the
Committee announced its decision to lift martial law and
replace it with a national security law, and to revise current
laws to permit the legalization of new political parties.
Draft legislation is currently being prepared in both
areas, and the authorities have announced their intention to
lift martial law officially early in 1987. However, arguing
that current laws are sufficient for Taiwan's security needs,
oppositionists maintain there is no need for a new security
law. New legislation is expected to continue some of the
martial law restrictions on civil liberties. Military courts'
jurisdiction over civilians, however, will be ended.
Native Taiwanese, descendants of Chinese who migrated from the
mainland primarily in the 17th and 18th centuries, dominate
the private economy. They now constitute more than 80 percent
of the population but still are underrepresented at the upper
levels of the ruling elite. Although the authorities continue
gradually to recruit increasing numbers of Taiwanese to fill
important economic, political, military, and security posts,
dissatisfaction of many in Taiwan with mainlander domination
has resulted in demands for more representative government.
The increasing prevalence of higher education, foreign travel,
and access to news from abroad has accentuated the felt need
for political development, particularly among the younger
generation. An expanding, prosperous, and educated middle
class displays a growing willingness to pressure the
authorities about human rights issues.
Throughout the past 37 years, Taiwan authorities have promoted
economic development vigorously. In recent decades, Taiwan's
largely free-market economy has been one of the fastest
growing in the world. Its estimated per capita gross national
product (GNP) of over US$3,672 ranks fourth highest in East
Asia and is accompanied by high standards of education,
health, and nutrition.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of killings for political reasons.
b. Disappearance
In recent years, there have been no substantiated reports of
persons being abducted or secretly arrested by the security
services .
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
Taiwan law specifically prohibits the use of torture. There
are credible reports, however, that individual members of the
police or security forces have resorted at times to physical
violence in interrogating suspects.
Taiwan civilian prisons are severely overcrowded. According
to a 1986 Ministry of Justice report, at the end of May 1986
civilian prisons built to accommodate 28,917 prisoners were
holding 34,222. Because of this overcrowding, prisoners are
forced to share cramped living quarters and have few
opportunities for work, exercise, or family visits. In April
the Ministry announced that under its 6-year plan, reported in
1985, some facilities would be replaced, others expanded, and
still others constructed to increase inmate capacity by
12,000. Two new detention facilities, in Tainan and
Kaohsiung, are already in use.
According to the Ministry, at the end of 1984 about 13 percent
of the inmates in Taiwan prisons were serving sentences for
writing bad checks. In 1986 the Legislative Yuan passed a
bill, to come into effect on January 1, 1987, that changed
this from a criminal offense to a civil one, thus eliminating
the prison sentence. This move could alleviate prison
overcrowding. According to the Cabinet, some 300 persons
serving sentences for writing bad checks may be paroled by the
end of 1986.
The military prisons administered by the security police,
where political prisoners are confined, are reportedly less
crowded. Prisoners are said to receive the same food as
soldiers and to have work and recreation opportunities.
d. Arbitrary Arrest, Detention, or Exile
Taiwan law requires that within 24 hours after an arrest, the
arresting authorities must give notice in writing to the
arrested person and his designated relative or friend, stating
the reason for the arrest or detention. The Code of Criminal
Procedure, which does not apply to martial law offenses,
specifies that the authorities may detain an accused person
for up to 2 months during the investigation phase prior to the
filing of a formal indictment, and for up to 3 months during
the trial. Furthermore, during the investigation phase, the
prosecuting officer may apply to the court for one extension
of 2 months. The period of detention may also be extended
during the trial. In recent cases, the authorities generally
have followed these procedures and extended the periods of
detention. Exceptions occur more frequently in the military
courts. Persons indicted for relatively minor criminal
offenses can be released on bail at the judge's discretion.
Suspects are guaranteed the right to have a lawyer present
during the investigation phase. The Taipei Bar Association
has complained, however, that defense lawyers are sometimes
barred by prosecutors from visiting their clients during this
phase. Persons arrested by the security services do not have
the right to legal counsel until after they have been formally
indicted.
The police legally may 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 call in suspects or
witnesses for questioning without a formal summons. Critics
in the legal establishment, the press, and elective offices
point out that these powers could easily lead to abuses.
In July 1985, the Legislative Yuan passed the so-called
" ant i -hoodlum" law, which accords police authorities broad
powers, including the power to determine whether a person
should be designated as a hoodlum. The civil courts confirm
or deny police requests to remand hoodlums for reformatory
education but have no authority to determine the length of
such education, which is determined by the military; the
length may range from 1 to 5 years. Detainees can be held
incommunicado, and their families need not be notified of
their arrests.
Many minor crimes on Taiwan are handled under a statute which
empowers the police not only to arrest but also to prosecute
and punish offenders. The provisions of the statute empower
the police to impose and carry out sentences of up to 2 weeks
imprisonment .
Taiwan does not allow forced or compulsory labor, and there
have been no reports of the practice.
e. Denial of Fair Public Trial
Taiwan's legal system is based on European and Japanese models
and does not provide for trial by jury. Informed observers
characterize the judiciary as basically independent, although
susceptible to pressure from the authorities on whom judges
depend for career advancement.
In 1986 the courts sentenced a number of opposition
politicians and magazine publishers and editors to jail for
violating the election or libel laws. With regard to these
cases, both the opposition and some independent observers have
raised doubts about the impartiality of the judiciary.
Under martial law, in effect since 1949, civilians who commit
certain offenses, including sedition, may be tried in military
courts. The authorities occasionally transfer "important"
civilian cases (involving such crimes as armed robbery) to the
military courts. Three cases involving a total of 6 people
were transferred from the civilian to military courts during
1986. The authorities state that the military courts' swifter
and generally more severe justice acts as a deterrent to
potential criminals. The military courts' sentences are
reviewed only within the Ministry of National Defense.
Trials, including those held in military courts, are public,
but attendance at trials involving juveniles or persons
considered politically sensitive may reguire permission from
the court. Defendants have a right to an attorney, at public
expense if needed. Following the traditional Chinese pattern,
in a typical criminal court case parties and witnesses are
interrogated by a single judge (in High Court sessions by the
Chief Judge) but not by a lawyer or prosecutor. The judge may
decline to hear witnesses or to consider evidence a party
wishes to submit. Civil, but not martial, law specifically
provides the defendant with protection from self-incrimination.
Court cases generally are heard through several brief court
sessions, often separated by weeks or months. In High Court
appellate proceedings, new evidence may be introduced, and
judicial review of District Court judgments covers both fact
and law. Persons convicted in cases where the sentence
exceeds 3 years have a right to review by the Supreme Court.
Those tried in military court do not have this right. The
Supreme Court limits its review to the law of the case and to
specific procedural aspects. More than one-half of all
eligible cases are appealed and reviewed.
The authorities deny holding political prisoners. Critics of
the regime have estimated, however, that there are about 90 to
100 political prisoners. According to the Executive Yuan
(Cabinet), civilians have been tried by military courts for
sedition, defined as opposition to basic policy. This
includes expressing Communist sympathies, espousing views
contrary to the authorities' claim to represent all of China,
and supporting an independent legal status for Taiwan.
In February 1986, Chen Chu, one of the eight persons convicted
of sedition in 1980 for their role in the 1979 Kaohsiung Human
Rights Day rally, was released on parole. Thirteen other
prisoners serving sentences for sedition were released with
her. Another 13 prisoners convicted of sedition were paroled
in October. Shih Ming-teh, one of the 4 persons still serving
a sentence for his part in the Kaohsiung rally, launched a
hunger strike in March to demand that the authorities release
his fellow Kaohsiung Incident prisoners. In April Shih was
transferred to a military hospital where he was fed
intravenously and was reported also to be taking liquids and
some fruit. To mark the centenary of the birth of the late
Chiang Kai-Shek, the Ministry of National Defense announced on
October 30 the parole of 147 prisoners convicted of various
offenses under martial law, including 13 prisoners convicted
of sedition. None of the four remaining Kaohsiung Incident
prisoners was included.
According to relatives, conditions for most of the remaining
Kaohsiung incident prisoners have improved over the years.
They complain, however, that the prisoners continue to be
denied access to regular work programs and recreational
activities. They also complain that health care should be
better. The authorities deny these charges, claiming that the
curtailed activities and contact are aimed at protecting the
prisoners from possible harm from other inmates and that
medical care is the same for all prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Cor r espondence
The daily life of a person not actively engaged in politics
is subject only to minor interference by the authorities.
Authorities impose limits on the use of the Taiwanese dialect
(the mother tongue of most inhabitants of Taiwan) on
television and radio. Romanized Taiwanese versions of the
Bible are not permitted. The authorities do not interfere
with basic family matters such as the right to marry or have
children as one chooses. Membership in the KMT, the dominant
political organization, is a matter of free choice.
Physical invasion of the home without a warrant, while not
common, does occur occasionally. As noted in Section l.d.,
the Code of Criminal Procedure generally requires that
searches be authorized by warrants, signed by a prosecutor or,
during a trial, by a judge. However, exceptions to this rule
have increased substantially following the July 1982 revision
of the Code to provide for warrantless arrests under certain
circumstances. When making such arrests, police also may
search persons or property without prior authorization. Other
types of violations of privacy, such as the monitoring of
telephone calls, are believed by many to exist. The
authorities deny monitoring telephone conversations. In July
1982, the authorities instituted "selective postal checks" to
intercept parcel bombs and correspondence from the People's
Republic of China (PRO, receipt of which is prohibited by law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are guaranteed by the Constitution
but martial law restrictions significantly limit these rights.
Critics maintain that security authorities monitor political
expression, both in Taiwan and overseas. People are not free
publicly to question the regime's basic political policy of
ant i -Communism or its claim to sovereignty over all of China.
Those who speak favorably of Communism or the PRC, or question
the legitimacy of Taiwan's mainlander authorities by
suggesting support for "Taiwan independence," can expect to be
warned and, if they do not desist, to be charged with sedition
and tried in a military court. Credible reports suggest that
Taiwan agents keep tabs on persons from Taiwan in the United
States suspected of being pro-PRC or pro-Taiwan independence.
The authorities deny charges that the political activities of
such persons residing in the United States are systematically
monitored .
A debate over the immunity of locally elected legislators
arose in September when a district court, citing the
interpretation of the Council of Grand Justices, ruled that an
opposition Taipei municipal councilman did not enjoy immunity
from prosecution for remarks he made during a session of the
municipal council, because those remarks were not germane to
the business of the council. Some political observers felt
that remarks made by locally elected legislators in their
respective legislative bodies should enjoy absolute immunity.
The number of newspaper licenses is limited to 31. Newspapers
are not allowed to increase the number of pages beyond the
current maximum of 12. Nearly all are owned by the
authorities, the KMT, or senior KMT party leaders. There are,
however, several smaller privately owned and independent
newspapers. Control over daily newspapers is often exercised
indirectly, through guidance from the Government Information
Office and the KMT. Newspapers gradually have expanded their
coverage of sensitive subjects, such as news from the PRC and
opposition activities and views. However, the authorities
have at times threatened strong action when coverage of
sensitive events displeased them.
Shortly after publishing its first issue, Taiwan's first
opposition daily publication was suspended on May 21, 1985 for
a year. The opposition planned to resume publication in
mid-September 1986, but in early September publication was
suspended for another year .
Censorship of publications is carried out through provisions
of martial law and the Publications Law, which empowers the
security police to seize or ban printed material that
"confuses public opinion and affects the morale of the public
and the armed forces." As interpreted by the authorities,
this covers a wide range of topics, including articles that
discuss possible leadership changes, question the legitimacy
of KMT rule, criticize Taiwan's foreign policy, or merely
reveal behind-the-scenes news that is potentially embarrassing
to the leadership.
Although the limits of acceptable criticism are not clear-cut,
opposition publishers generally know when an issue of their
magazine is courting a ban. In addition, reporters and
editors exercise a considerable degree of self-censorship.
Publishers sometimes have been willing to run risks in order
to test the limits and boost sales. In 1986 the financial
rewards associated with brisk sales prior to confiscation
continued to decline as the authorities' stepped-up monitoring
of both printers and newsstands resulted in full or
large-scale confiscation of banned magazines.
Censorship of opposition periodicals intensified in 1986. In
1985 about 75 percent of all issues were banned. In 1986
virtually every issue of opposition magazines was banned and
forced underground. The authorities argue that the magazines
distorted facts and sullied the reputation of leading
figures. Licenses of at least 5 magazines were suspended for
1 year but at least 2 of these were able to publish under
other, previously issued licenses by changing their names.
The license of one magazine was withdrawn permanently, the
heaviest sentence imposed to date. An estimated total of 9
opposition magazines were published in mid-1986.
In 1986 several opposition magazine publishers and editors
were imprisoned for violating the Libel Law. The defendants
and their supporters argue that the court judgments against
them were politically motivated. A Government Information
Office employee was given a suspended sentence of 10 months in
November 1985 and subsequently demoted by 2 steps for
allegedly leaking a document in 1984 which revealed that the
authorities had apparently discussed plans to harass the
opposition press through various means, including libel suits.
The authorities occasionally ban books. Although the writings
of pre-World War II pro-Communist Chinese authors are formally
banned, a few of their famous works are obtainable.
The authorities partially or wholly own all three of the
island's television stations. Television coverage of
sensitive political subjects is even more restricted than
coverage by the print media.
Foreign publications are available but are also subject to
censorship. Occasionally pages carrying articles offensive to
the authorities are removed or blacked out before they are
distributed. Some foreign publications are available through
subscription only and are not allowed to be sold on
newsstands. From time to time an entire issue will be
withheld from distribution.
The security forces announced in 1986 that facsimile
transmission (fax) machines have been classified as restricted
telecommunication equipment. Since September 1, 1986, their
import or sale requires a license.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is guaranteed by the Constitution. In
practice, however, public assembly for political purposes,
except during elections, is often circumscribed by martial law
provisions. During the first half of the authorized campaign
period preceding elections, all candidates are allowed to hold
rallies, although these are closely monitored by the
authorities. During the second half, campaigning is limited
to highly structured, officially sponsored rallies in which
both KMT and opposition candidates participate.
The 1983 Election and Recall Law prohibits holding campaign
rallies in any form prior to the authorized period. The Law
also permits joint rallies of two or more candidates only at
officially sponsored rallies. Opposition politicians have
been sharply and openly critical of these measures, claiming
they hinder their ability to reach the electorate.
Nevertheless, oppositionists have been able to hold a number
of rallies, demonstrations, and lectures outside the
authorized campaign period without official sanction.
Civil servants, teachers, defense industry workers, and
administrators acting on behalf of employers are prohibited
from organizing unions. Unions are permitted in many other
fields, however, and 19.4 percent of Taiwan's work force
belong to unions.
Unions do not play a strong role in Taiwan. Their power is
sharply curtailed by the prohibition on walkouts and strikes
under martial law. Unions focus primarily on employee welfare
and benefits rather than on higher salaries. Collective
bargaining, although legal, does not take place. Unions do
have a role in monitoring compliance with labor laws and
educating workers as to their legal rights.
Union leaders have a close and friendly working relationship
with the authorities. Most top union officials are members of
the KMT. However, KMT control is not absolute; for example,
the Chinese Federation of Labor (CFL), Taiwan's national labor
organization, is on record as being critical of the ban on
strikes. The CFL maintains contact with the International
Confederation of Free Trade Unions.
c. Freedom of Religion
The Constitution guarantees freedom to practice religion.
This guarantee 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 .
While generally respecting the right to practice religion, the
authorities have brought pressure to bear against religious
organizations they consider to be involved in unacceptable
political activity. The Presbyterian Church in Taiwan (PCT),
whose approximately 210,000 membership is predominantly
Taiwanese, has been a prime target.
Kaohsiung County authorities have been involved since 1980 in
a dispute with a denomination called the New Testament Church
over the right of church members to settle on a tract of
leased public land near Kaohsiung, in southern Taiwan. In
October the Ministry of the Interior announced a relaxation of
the restrictions on access to the disputed area and the
planned approval for 17 members to take up residence within
the area. Seven members were sentenced to 5 months in prison
in June after a court found them guilty of beating policemen
and disrupting order at the Chiang Kai-shek International
Airport in December 1985; they were protesting the decision by
local immigration authorities to deny entry to a Malaysian
member of the sect. In October the authorities loosened
control over access to the disputed land and also pledged to
resolve expeditiously other problems involving church members'
resettlement and lease of land in the area. Initially, church
leaders appear to be taking a wait-and-see attitude. Unlike
previous years, the authorities did not resubmit in 1986 a
revised draft of the "Law for the Protection of Religions."
(This proposed legislation has been criticized in past years
by observers who felt that it would restrict the rights of
religious groups.)
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for the freedom to change residence,
but registration of one's residence is required. Except for
military and other restricted areas, there is general freedom
of internal travel. Emigration and private travel abroad have
become freer since 1979. In 1985, 847,000 Taiwan residents
went abroad for tourism. Since 1980 businessmen have been
permitted to travel to and do business directly with certain
Eastern European countries. In August 1986, a women's
basketball team competed in the Moscow World Cup games, the
first trip by local athletes to the Soviet Union. Although
travel to the PRC is officially prohibited, the authorities
often overlook some discreet travel to the mainland via other
countries. After the last calendar day of the year in which
they turn 15, males may not leave Taiwan until completion of
compulsory military service. Permission to leave Taiwan may
be delayed or withheld by police denial of an exit permit.
Although in the past outspoken critics have been denied exit
permits, in recent years a number of persons openly critical
of the KMT have been permitted to travel overseas.
In general, the authorities recognize the right of those
Chinese who hold Taiwan passports, and who normally reside in
Taiwan, to return from abroad. Those issued "Overseas
Chinese" passports do not automatically have the right to
travel to Taiwan for permanent residence. In principle, the
Government is suspicious of and will not authorize the entry
of Chinese between the ages of 16 and 75, even those who have
long held Taiwan passports, if they have lived in
Communist-controlled areas within the preceding 5 years.
A 1984 law authorizes the authorities to detain or revoke the
Taiwan passport of persons whose behavior violates the
interests of Taiwan, or endangers security, public order,
tradition, or Taiwan's economic interests. Critics of the law
state that it gives the authorities the power to revoke the
passport of any person who makes remarks overseas that are
deemed inimical to Taiwan's interests. They argue that this
places undue restriction on the opposition's right to travel
and to make its views known outside Taiwan. The authorities
say the measure is necessary to curb the activities of
economic criminals: tax evaders, persons engaged in illicit
activities, and those who have left large debts behind in
Taiwan. There was one widely publicized occurrence of the law
having been used during 1986 when a U.S. permanent resident
tried to return to Taiwan in early December, just 5 days
before the elections. Despite being wanted in Taiwan for
alleged seditious activity, he was denied entry into Taiwan by
the authorities.
Under Taiwan's "Orderly Departure Family Reunification
Program," since 1977 more than 5,670 ethnic Chinese from
Indochina have been resettled on Taiwan and more than 2,000
persons who arrived from Indochina by small boats have been
granted "temporary" refuge. With the exception of 58 who
found sponsors and resettled on Taiwan, all of those arriving
by small boats have been resettled in third countries. More
than 100 are currently awaiting resettlement. The authorities
report that there have been no refugees from non-Communist
areas. They advise that any such instances would be dealt
with on a case-by-case basis. Refugees are not forced to
return to their country of origin.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Effective political power resides with the aging KMT
leadership, which fled the mainland in 1949. Reflecting their
claim to be the government of all of China, the authorities
maintain not only a provincial and local government system but
also an array of political bodies identical to those found on
the mainland prior to 1949. The locus of power on Taiwan
is the Presidency, the Executive Yuan, the military and
security apparatus, and the KMT Central Standing Committee.
This power is exercised by a small number of top figures in
these organizations, particularly by the President. Although
the number of Taiwanese in the Cabinet and the Central
Standing Committee gradually has been increasing, they do not
yet wield significant power within these bodies. Hence,
although Taiwanese hold a number of high positions, including
those of Vice President, Vice Premier, Ministers, Governor of
Taiwan, and Mayors of Taipei and Kaohsiung, their power
individually, and even their collective influence, is
limited. As representatives of the majority population,
however, their views form an important consideration as the
leadership decides on major policies. Taiwanese have greater
effective power at the local level, where they hold most of
the executive and KMT party positions.
The most important elective bodies at the central level are
the National Assembly, which convenes every 6 years to elect
the President and Vice President, and the Legislative Yuan,
which is the parliament. There have been no general elections
to these two bodies since 1948. Surviving mainland
representatives elected in 1948 continue to hold their seats
and to form the bulk of these bodies' memberships. Since
1969, periodic "supplementary elections" have been held to
choose additional representatives from Taiwan province and the
offshore islands (which are considered part of Fukien
province). Nevertheless, only 970 out of 2,691 seats of the
National Assembly are currently filled, including 76
supplemental seats. Of the Legislative Yuan's current
membership of 320, the supplemental legislators number 71 and
constitute the most active group, due largely to the advanced
age and incapacity of those elected 38 years ago on the
mainland.
The nature of the elective bodies continues to spark calls by
both opposition and KMT politicians, academicians,
journalists, and legal experts for more representative
institutions. The authorities are extremely reluctant to
adopt any measures that might undercut the mandates of those
parliamentarians who were elected on the mainland in the late
1940's, as to do so could call into question the authorities'
claim that these bodies represent all of China. However, a
blue-ribbon 12-person group of KMT Central Standing Committee
members has been empowered to study the issue of the
rejuvenation of the central parliamentary bodies.
The central authorities appoint the Taiwan Provincial Governor
and the mayors of Taipei and Kaohsiung. Elections for the
provincial assembly and county and other municipal level
offices have been held regularly since 1950. Universal
suffrage exists for citizens 20 years of age and over. Voting
is voluntary and by secret ballot; voter turnout runs over 60
percent .
One party, the KMT, dominates Taiwan, as it has since 1945.
There are also two minuscule, nominally independent parties
which came from the mainland. Although the KMT's structure
and control mechanisms are based on Soviet models, the party's
operations are considerably more flexible. Party organs exist
at all levels of the ruling structure, as well as in the
military, schools, and other public institutions. People who
arrived from the mainland after 1945 dominate the highest
echelons of the KMT. Taiwanese predominate at local levels
and are playing an increasingly important role in the middle
and higher levels. Taiwanese comprise more than 60 percent of
the KMT's total membership of approximately 2 million.
New political parties are forbidden under martial law. In the
past, candidates who opposed the KMT in elections ran as
independents, referring to themselves as "outside the party"
(dangwai) candidates. Although not permitted to form a party,
dangwai politicians organized in 1984 a "Dangwai Public Policy
Research Association" which they have described as a
protopolitical party. In 1986, 13 branch offices were opened
throughout Taiwan. Dangwai politicians have also organized ad
hoc "campaign assistance groups" to nominate candidates for
elections. In defiance of martial law, the opposition
announced on September 28, 1986, the formation of the
Democratic Progressive Party. Although the new party is
technically illegal, the authorities have taken no action
against it. The DPP successfully fielded candidates in the
December 6 election. The authorities are also in the process
of revising current laws in order to permit the legal
establishment of political parties.
In the 1986 Legislative Yuan and National Assembly elections,
the KMT won just under 70 percent of the popular vote, down
slightly from the results in previous elections. It picked up
59 (out of 73) Legislative Yuan seats and 68 (out of 84)
National Assembly seats. The new Democratic Progressive
Party, with over 20 percent of the vote, won 12 Legislative
Yuan seats and 11 National Assembly seats. The 1986 elections
were conducted in a peaceful and orderly fashion. The role of
the opposition is greater than its small numbers might
indicate. Opposition members are very vocal in elective
bodies and frequently use interpellation sessions to raise
controversial or sensitive issues.
Opposition candidates face several disadvantages in the
election process. Television, state-owned, ignores opposition
campaign activity. The 1980 election law limits the campaign
period before an election to 15 days for National Assembly and
Legislative Yuan elections and 10 days for local, county, and
provincial elections. The law also stipulates who may speak
at rallies, and under what circumstances. The revised
election and recall law enacted in June 1983 abolished joint
rallies and precampaign "get-togethers," campaign tactics
favored by the opposition. The law also placed ceilings on
campaign expenditures, political contributions, and the
quantity of campaign paraphernalia. The opposition argues
that these provisions further reduce its ability to compete
with well-financed, well-organized KMT candidates and hinder
contact with the electorate. Opposition politicians label as
ineffective the newly adopted provisions penalizing candidates
for vote-buying and bribery. Press self-censorship and
banning result in less publicity for the views of the
opposition, which further handicaps dangwai candidates.
The 1983 revisions of the election law also changed the method
of indirect election of members of the Control Yuan (which
exercises powers of impeachment, censure, and audit). The
opposition charges that the changes were aimed at making it
impossible for the opposition to pool their limited votes
behind one candidate.
Section 4 Governmental Attitude Regarding International and
Nongoverninental Investigation of Alleged Violations
of Human Rights
In past years, the Taiwan authorities have occasionally-
permitted representatives of international human rights
organizations and private persons interested in human rights
issues to meet with appropriate officials and other persons.
A delegation from the Asia Watch Committee went to Taiwan in
August to examine the human rights situation.
The nongovernmental Chinese Human Rights Association, a
strongly ant i -Communist organization that originally focused
its attention on human rights guest ions in the PRC, is
devoting more of its efforts to human rights on Taiwan. The
Association has sponsored tours for lawmakers and legal
experts to examine Taiwan's crowded prisons and has
established a free legal aid service.
In December 1984, a group of opposition lawyers, scholars,
parliamentarians, and doctors established the Taiwan Human
Rights Association (THRA) . The authorities have stated that
the THRA cannot be officially recognized because it has not
been registered in accordance with the "Law Governing the
Organization of Civic Bodies During the Extraordinary
Period". This Law permits the registration of only one
association per organizational function. The authorities have
noted that the Chinese Human Rights Association already has
been registered and, therefore, a second human rights
organization may not legally be established. THRA sponsors
argue that the civic bodies law is unconstitutional because it
was promulgated before the Constitution was adopted. This
issue has not been resolved, and to date the THRA has neither
been registered nor disbanded.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Taiwan's only non-Chinese minority group consists of
descendants of Malayo-Polynesians who were already established
in Taiwan when the first Chinese settlers arrived. These
aboriginal people comprise slightly more than 1 percent of
Taiwan's total population. There is no official policy of
discrimination against them, but the barriers created by de
facto cultural and economic discrimination are freguently
difficult to surmount; thus aboriginal "mountain people"
occupy the bottom rungs of Taiwan's socioeconomic ladder.
Specially designated seats in both central and provincial
legislative bodies are reserved for aborigine representatives,
and the authorities have instituted a number of social
programs to ease the aborigines' transition into the dominant
Chinese society.
Women generally earn 40 to 50 percent less than men and,
although the law now prohibits sex discrimination, there is
little to suggest that women will challenge the status quo.
The few laws that discriminate against women relate mostly to
divorce issues and inheritance. A revised Civil Code passed
by the Legislative Yuan in March 1985 provides for more equal
treatment of women in the areas of marriage and divorce. In
recent years, women have taken an increasingly active role in
local politics and have been increasingly successful
vote-getters. Election regulations ensure that women hold a
minimum of 20 percent of elected offices at both the central
and local levels. Enrollment of women over 18 years of age in
institutions of higher learning has increased during the past
30 years from 1,750 students in 1953 (0.3 percent of the total
number of students enrolled) to 131,297 students in 1983 (9.7
percent of the total number of students enrolled) . A
fledgling women's rights movement is growing slowly.
CONDITIONS OF LABOR
The Taiwan Labor Standards Law, promulgated in 1984, was
"enacted to provide a minimum standard for labor conditions,
protect workers' rights and interests, improve worker-employer
relationships and promote social and economic development."
It is applicable to about 4 million of Taiwan's 7.8 million
workers, mostly in blue-collar jobs, public utilities,
construction, agriculture, transportation, and
communications. The law has enjoyed relative success in
several areas. The minimum age for employment is 15, and a
combination of this law and a strict compulsory education law
assure that few children are employed on Taiwan.
Other areas covered by the law have not been easily enforced.
The workweek is limited to 48 hours (8 hours per day, 6 days
per week) with certain provisions for overtime. The monthly
minimum wage is approximately US$154 and a proposal to raise
it by about 12 percent is pending in the Executive Yuan. Most
larger firms provide their employees with allowances for
transportation, meals, housing, etc., which can amount to 60
to 80 percent of base salary. There are minimum standards for
working conditions and health and safety precautions.
Enforcement of these provisions is difficult because the
number of inspectors is far too small to ensure regular checks
on compliance. Routine inspections of any given business may
be held as seldom as every 11 years, and action is rarely
taken unless a worker complains formally to the authorities.
Further, with only half of the work force covered by the Labor
Standards Law, and with most companies being small,
family-owned operations employing relatives who will not
report violations, actual adherence to the hours, wage, and
safety sections of the Law is hard to document and thought to
be minimal .
