Country Report on Human Rights Practices for 1989
TAIWAN
Taiwan in 1989 continued its transition from an authoritarian
political system dominated by the Nationalist Party (KMT) to a
more open and pluralistic system. In January the authorities
legalized the establishment of opposition political parties.
The largest opposition group, the Democratic Progressive Party
(DPP), registered as a legal party in April and vigorously
contested the island-wide elections in December. The
elections were the most free and fair in Taiwan's history.
The Legislative Yuan (LY), Taiwan's lawmaking body, continued
to expand as a forum for policy debate. DPP and younger
generation KMT legislators representing Taiwan constituencies
influenced the policymaking process through interpellations
and criticism of the Executive Yuan (the Cabinet) . The LY is
gradually becoming a more representative body as elderly
members representing Chinese mainland constituencies die or
retire. However, Taiwan's central parliamentary bodies,
including the National Assembly (the Electoral College) as
well as the LY, remained constituted under a representational
formula that maintains the predominant role of the KMT. The
authorities have initiated reforms to enhance the
representative nature of these bodies, but changes remain
controversial, both within the KMT and between the KMT and the
opposition.
Native Taiwanese comprise an estimated 85 percent of the
island's population, with Chinese mainlanders and their
offspring comprising the remainder. As increasing numbers of
Taiwanese and younger generation "mainlanders" ascend to
leading administrative and political positions, including
within the KMT, the dominant position of old guard KMT
mainlanders continues to erode. However, leadership of the
military and security agencies has remained predominantly
mainlander.
The military's role in politics has been reduced considerably
since the lifting of martial law in 1987. However, several
cases in 1939 raised questions about the military's level of
tolerance for opposition criticism.
Taiwan's economy continued to grow at a rapid pace, with per
capita income reaching a level of approximately $7,000. The
unemployment rate was under 2 percent, with a resulting demand
for immigrant labor. While basically a freemarket economy,
major sectors--including finance, steel, shipbuilding,
utilities, transportation, and petrochemicals--continued to be
dominated by state-run enterprises. The trend, however, is
towards greater economic liberalization. Privatization of
state-run enterprises remained on the political agenda.
Human rights, already improved in comparison with the pre-1987
martial law period, continued to expand in 1989. While the
trend towards a more open and pluralistic system continued in
1989 with the legalization of opposition political parties,
important restrictions still remain. Principal areas of
concern included restrictions on freedom of speech, press,
movement, association, the right of citizens to change their
government, and worker and women's rights. There were also
concerns about politically motivated prosecutions, selective
enforcement of the laws, and unfair campaign practices,
including restrictions on access to the mass media.
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 or extrajudicial killings.
b. Disappearance
There were no reports of persons being abducted or secretly
arrested by the authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although Taiwan law expressly prohibits the use of torture,
there continued to be credible reports of persons subjected to
torture while in police custody. In some instances the
authorities paid compensation to victims. There were two
reported cases in 1989 of seven policemen given suspended
sentences for such abuses. Ministry of Justice officials
claim that all interrogations conducted by the Ministry's
Investigation Bureau are tape-recorded and that all
allegations of mistreatment are investigated. They also say
that the right of persons to have an attorney present during
interrogation is another check on torture. However, criminal
lawyers and legal scholars note that abuses most often occur
in local police stations where interrogations are not recorded
and that most persons do not have attorneys present at the
interrogation stage.
d. Arbitrary Arrest, Detention, or Exile
Police may legally arrest without a warrant anyone they
suspect of committing a crime for which the punishment would
be 5 years or more in prison and may call in persons for
questioning without a formal summons. Critics in the legal
establishment, the press, and the legislature point out that
these procedures sometimes lead to abuses. Persons called in
for questioning by the police are sometimes arrested without a
warrant after questioning.
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 specifies that the authorities may detain an accused
person for up to 2 months during the investigation phase prior
to filing a formal indictment, and for up to 3 months during
the trial. Furthermore, during the investigative phase, the
prosecuting officer may apply to the court for one extension
of 2 months. The period of detention during trial may be
extended twice. The authorities generally have followed these
procedures and extended the periods of detention, although
trial usually takes place within 3 months of indictment.
Persons indicted for relatively minor criminal offenses can be
releaoed on bail at the judge's discretion.
The right to have a lawyer present during the investigation
phase is generally respected, but defense lawyers complain
that persons often are not advised of their right to have
legal representation during police interrogation, and there is
no legal requirement that indigent persons be provided with
counsel.
In July 1985, the Legislative Yuan passed the "antihoodlum"
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 alleged hoodlums for reformatory
education. Human rights organizations and defense attorneys
criticize the law as an extreme departure from appropriate
standards of due process. Alleged hoodlums can be held
incommunicado without legal representation, and their families
need not be notified of their arrests. Attorneys for persons
charged under the law have no right to examine documents or to
cross-examine witnesses. There is no appeal from the decision
to commit someone for reformatory education. Critics say that
courts simply put a rubber stamp on police decisions.
Prior to the lifting of martial law, reformatory education for
"hoodlums" was under the exclusive jurisdiction of the
military. The process of transferring all nonmilitary
prisoners to civilian control has been completed. The law
does not authorize the courts to determine the length of
reformatory education; police and prison authorities decide.
The usual term is 3 to 6 months for a first offense. Repeat
offenders are detained for longer periods and detention may be
extended up to 3 years, depending on behavior in custody.
The antihoodlum law replaced a 1984 executive decree that did
not set a time limit on incarceration. As of the end of 1988,
authorities acknowledged holding 1,297 persons incarcerated
under the decree and the succeeding law. This comprised about
10 percent of the prisoner population at the time.
Authorities insist that they do not know how many of those now
in custody are being held under the antihoodlum law.
Many minor crimes on Taiwan are handled under the police
offenses law which authorizes police to punish an offender
with incarceration of up to 14 days, a fine of no more than
approximately $11.50, or forced labor of no more than 16
hours. Despite the 1980 opinion of the Council of Grand
Justices (theoretically empowered to decide constitutional
issues) that the statute is unconstitutional, it continues to
be used, pending the enactment of a law for the maintenance of
social order now before the legislature.
Under the executive decree and the police offenses law, the
authorities reportedly imprisoned some 4,000 people in an
anticrime sweep in 1984. The authorities say that all these
have now been released but the laws which fail to provide
basic due process protection remain on the books. There were
complaints that police in certain localities threatened
workers for opposition party candidates in the December 2
general elections with prosecution under the antihoodlum law
or similar laws if they did not refrain from campaigning.
with regard to forced or compulsory labor, see Section 6.c.
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. All judges are
appointed by, and responsible to, the Judicial Yuan. Informed
observers characterize the judiciary as not fully independent
and as susceptible to political and personal pressure.
Since the lifting of martial law on July 15, 1987, civilians
may no longer be tried in military courts. Trials are public,
but attendance at trials involving juveniles or politically
sensitive issues may require permission from the court.
Defendants have a right to an attorney, but an attorney will
be assigned by the court only in serious cases. In all other
cases, responsibility for obtaining counsel rests with the
defendant.
In a typical court case, parties and witnesses are
interrogated by a single judge but not by a defense attorney
or prosecutor. The judge may decline to hear witnesses or to
consider evidence a party wishes to submit. Civil and
criminal law specifically provide the defendant with
protection from self-incrimination.
Court cases generally are heard in several brief court
sessions, often separated by weeks or months. Persons
convicted in cases where the sentence exceeds 3 years have a
right to review. The Supreme Court limits its review to the
legal aspects of the case and to specific procedural aspects.
The National Security Law stipulates, contrary to provisions
in the original martial law decrees, that convictions under
martial law cannot be appealed in the postmartial law period.
In most cases, judicial decisions must be approved by higher
court authorities before pronouncement. Although this power
is supposed to be restricted to correcting errors of law and
usage of legal terms, observers say this dilutes the authority
of judges and tempts outside interference with the judicial
process. In 1987 a review of judicial procedures initiated by
the authorities proposed abolishing this practice. Changes
have been made in the review procedure, but the practice
continues.
The authorities continued to try political opponents on
charges ranging from "sedition" (defined to include expressing
sympathy with Communism, espousing views contrary to the
authorities* claim to represent all of China, and supporting
an independent legal status for Taiwan) to "harming public
order" (arising from demonstrations led by the opposition).
Two prosecutions for sedition were initiated in 1989, and
three others were appealed or had final appeal denied. In one
case, a new trial was ordered. In all cases but one,
defendants were members or supporters of the opposition DPP.
The authorities deny holding political prisoners. However,
international human rights organizations and pro-opposition
Taiwan human rights groups have estimated that there are
between 12 and 25 political prisoners in Taiwan. This figure
is down from some 90 to 100 political prisoners held in 1986.
In 1987 and 1988, the authorities granted early releases to
most political prisoners. Of the eight persons convicted by
military courts of sedition in 1980 for their role in the 1979
Kaohsiung Incident, all but one have been released.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Warrantless searches, common before the lifting of martial
law, are unusual now. A warrant must be obtained before a
search, except when the search is incident to arrest. The
exception is car searches which are routinely conducted at
roadblocks.
Although the right to privacy is generally respected, members
of opposition political parties and other political dissidents
do experience invasion of privacy. Oppositionists allege that
authorities routinely intercept correspondence and telephone
calls and subject them and their associates to surveillance by
agents of the security forces. The authorities deny that
telephone conversations are monitored, or that oppositionists
are routinely subjected to surveillance.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the Constitution provides for freedom of speech and
press, these rights continue to be restricted in practice.
Nevertheless, the authorities have demonstrated increasing
tolerance for open debat.e, even on sensitive issues.
Security forces continue to monitor political expression, both
in Taiwan and overseas. Under Taiwan law, people may not
oppose the regime's basic policy of anticommunism or its claim
to sovereignty over all of China. Prosecutions for allegedly
promoting communism are unusual but do occur. In October
1988, a Hong Kong merchant was convicted of sedition for
having been a member of the Communist Youth League as a
student in the early 1970*s. He was acquitted by a higher
court, but the prosecution appealed and a new trial was
ordered. He was retried in late 1989 and acquitted. In June
1989, a videocassette seller was sentenced to 7 years in
prison for showing and selling a tape of a Pooples Republic of
China (PRC) National Day parade at an opposition party rally,
even though a local television station, which is partially
controlled by the armed forces, played the same tape on an
evening broadcast.
Those who question the legitimacy of Taiwan authorities by
supporting independence for Taiwan risk being charged with
sedition. While many public speeches and articles favoring
independence go unpunished, the threat of punishment remains
real. The editor of an antigovernment , proindependence
magazine, Cheng Nan-jung, was charged with sedition for
printing the text of a proposed constitution for an
independent Taiwan. He committed suicide rather than allow
himself to be arrested. In December Huang Hua, a veteran
oppositionist, was ordered to appear at a hearing on possible
sedition charges in connection with his call for an
independent Taiwan. He failed to appear at the hearing. At
year's end a formal indictment was expected. In an
extraterritorial extension of domestic law, Taiwan convicted
dissident Hsu Hsin-liang in December of "preparing to use
illegal methods to overthrow the government" and sentenced him
to 6 years and 4 months in prison. Evidence for the alleged
conspiracy included Hsu's published articles and statements
attributed to him while in the United States.
Charges of sedition are brought even in cases other than
alleged promotion of communism or c>dvocacy of independence.
An opposition editor was convicted of sedition for printing an
article accusing a senior military figure of plotting a
military coup. However, the military tried unsuccessfully to
persuade the courts to prosecute an opposition-oriented
newspaper, its publisher and director with sedition for
publishing an article criticizing alleged waste of public
money and abuse of power by senior officers.
The authorities censor publications through provisions of the
Publications Law which empower the police to seize or ban
printed material that commits or instigates others to commit
sedition, treason, sacrilege, offenses of interference with
the lawful exercise of public functions, or offenses against
public order or morals. Since the lifting of martial law,
publication bans and confiscations declined significantly.
Although direct censorship of newspapers and magazines has
virtually ended, the KMT and the Government Information Office
(GIO) continue to exert some influence over the major daily
newspapers through guidance, political connections, and
threats of legal action and revocation or suspension of
licenses. A number of libel suits were brought by military
officers alleging defamation by opposition journalists who
criticized them.
The authorities have loosened restrictions on publications
from the Chinese mainland, and the works of many mainland
authors have been reprinted. However, even nonpolitical works
by persons in the PRC Government may be deemed unsuitable for
publication. Before the lifting of martial law, officials
routinely censored other foreign publications. They continue,
sporadically to restrict articles or periodicals they deem
offensive, but, overall, there is less official interference
with the free flow of international news than in the past.
In contrast with the relatively unrestrained and highly
competitive environment in which the print media now operate,
television and radio remain tightly controlled. The
authorities partially or wholly own all three television
stations. Television coverage of sensitive political subjects
is restricted and slanted. Oppositionists charge that the
military and the authorities control or own 82 percent of the
radio stations. Requests by opposition politicians to open
their own radio station have been turned down. The
authorities' continuing efforts to jam PRC radio broadcasts
have been ineffectual.
Restrictions on academic freedom remain. Campus publications
can be and are censored by school administrators; the severity
of censorship varies widely from campus to campus. Student
demonstrations occur and are tolerated, at least within
university campuses, but dissident students risk being
disciplined if they express their opinions too vigorously.
Male students risk being harassed after graduation when they
report for military service if their records show dissident
activity in college. Colleges and universities have
"education officers," who are military officers seconded to
the Ministry of Education for the purpose of teaching the
thought of Sun Yat-sen but who also monitor student attitudes
and behavior. Teachers are pressured to discourage students
from taking part in demonstrations. Teachers themselves risk
being disciplined and harming their careers if they hold
unorthodox views. Changes, however, are taking place on
campus, and the trend is to separate professional from
political activity. In early 1989, the faculty of National
Taiwan University (NTU) , the most prestigious university in
Taiwan, voted to prohibit faculty members from holding
concurrent party and university positions. Since the vast
majority of .such cases involve concurrent KMT party positions,
the effect is to enhance the independence of the faculty from
political control. NTU also in 1989 recognized an
independently elected leader of the student union.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is provided for in the Constitution but
was restricted under martial law. In 1987 the Legislative
Yuan passed the Assembly and March Law which allows peaceful
demonstrations. They must be approved by the authorities and
must not violate the Constitution or advocate communism or
Taiwan's separation from China. The DPP and other opposition
groups have organized and carried out numerous demonstrations
under the new law.
The new law provides, however, that demonstration organizers
may be held responsible for the behavior of participants.
Oppositionists have been prosecuted for alleged harm to public
order and interference with public functions resulting from
demonstrations they organized. In April 1989, DPP legislator
Chu Kao-cheng was convicted of disturbing public order at a
demonstration in the previous month and given an 18-month
suspended sentence. In June DPP Taipei City Council member
Hsieh Chang-ting was sentenced to 18 months' imprisonment in
connection with a demonstration outside the LY on June 12,
1987. DPP National Assembly member Hong Chi-chang was
sentenced in October to 15 months in the same case and to 18
months in connection with another demonstration on May 20,
1988. Prosecutors deny that politics plays a part in
decisions to lay charges, but most observers believe that
prosecutions of oppositionists are often politically motivated.
The Election and Recall Law was amended in January 1989. It
supports and strengthens the right of assembly by permitting
political parties to organize, advertise, campaign, raise
funds, and financially support candidates. The new law
relaxes restrictions on the types of rallies, the time
candidates may speak, and the use of loudspeakers. Although
the new law retains the restriction on campaigning to the
2-week period before the election, in practice this was not
observed and no prosecutions were undertaken.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The constitutional provision for freedom to practice religion
is generally observed in practice. Most Taiwan inhabitants
adhere to Confucianism, Taoism, Buddhism, animism, or a
combination of these beliefs. Other religions include
Christianity and Islam. There is no established or favored
religion.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The 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. An exit permit is required for travel
abroad. Emigration and private travel abroad have become
freer since 1987 when the authorities began to allow travel to
mainland China to visit relatives. There are now no countries
to which civilian residents of Taiwan may not travel.
Exit permits may be refused for a number of reasons, including
failure to complete compulsory military service. Under the
implementing regulations of the 1987 National Security Law,
however, reasons for refusal must be given, and appeals may be
made to a special board. Although in the past outspoken
critics have been denied exit permits, no one was denied in
1989.
The authorities claim to recognize the right of Chinese who
hold Taiwan passports, and who normally reside in Taiwan, to
return from abroad. Nonresident citizens are usually issued
"overseas Chinese" passports and require visas to travel to
Taiwan. The authorities will not authorize the entry of
Chinese between the ages of 16 and 70, even those who have
long held Taiwan passports, if they have lived in Communistcontrolled
areas within the preceding 5 years. Exceptions
include persons of outstanding merit and mainland residents
coming because of the serious illnes or death of close
relatives.
The authorities continue to deny visas to a number of overseas
critics for political reasons. These included individuals who
wanted to observe the December elections. A number of
dissidents who entered without visas were subsequently either
deported or prosecuted for illegal entry, including Columbus
Leo, a Canadian citizen who received a 10-month sentence for
violating Taiwan's National Security Law.
A 1984 law authorizes the authorities to detain persons or
revoke their passports for behavior which harms 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
Taiwan citizen who makes remarks overseas that are deemed
inimical to the interests of the Taiwan authorities. They
argue that this violates the right of all citizens to return
to their homeland. This law is not used frequently.
Increasing numbers of Taiwanese dissidents previously denied
reentry are now being permitted to return; however, a number
of overseas Taiwanese dissidents still considered
"undesirable" by the authorities have been denied entry into
Taiwan under this legal provision.
Under Taiwan's "Orderly Departure Family Reunification
Program," since 1977 more than 5,850 ethnic Chinese from
Indochina have been resettled on Taiwan, and more than 3,000
persons who arrived from Indochina by small boats have been
granted "temporary" refuge. Fifty-nine of the boat-people
found sponsors and resettled on Taiwan. The others have been
resettled in third countries. Although 168 rem.ain officially
classified as refugees, they have been practically resettled
in Taiwan, and the refugee camp has been officially closed
since late 1988. There have been no reports of refugees from
non-Communist areas; authorities advise that such instances
would be dealt with on a case-by-case basis. Indochinese
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
Taiwan has taken some significant steps away from its
authoritarian political system to a more pluralistic one, but
the people do not yet have the ability to change their
government through democratic means. Political power still
resides with the KMT, which established itself in Taiwan after
the defeat of the Japanese in 1945. Reflecting their
constitutional 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 central-level political
bodies identical to those found on the mainland prior to
1949. In the past, centers of power on Taiwan have been the
Presidency, the Executive Yuan, the military and security
apparatus, and the KMT Central Standing Committee. Today,
power is increasingly being shared with the Legislative Yuan
which, in turn, is increasingly representative.
Mainlander control of political power, however, has been
gradually diminishing as more Taiwanese have taken over
important leadership jobs. Taiwanese Lee Teng-hui's accession
to the Presidency and the KMT chairmanship, after President
Chiang Ching-kuo's death in January 1988, was a particularly
visible indicator of this trend. Native Taiwanese now
comprise a majority in the Cabinet and the Central Standing
Committee. As a result of these changes, Taiwan's top
decisionmakers are gradually becoming more representative of,
and more responsive to, their constituents. This trend also
reflects the impact of political reforms in fostering
accountability as well as generational changes in which
younger and more highly educated leaders of both Taiwan and
mainland origin have been appointed to positions of authority.
The most important elective bodies at the central level are
the Legislative Yuan (the highest lawmaking body) and the
National Assembly, which convenes every 6 years to elect the
President and Vice President. There have been no general
elections to these two bodies since 1948. Surviving mainland
representatives elected in 1948 continue in office and form
the majority of these bodies. Additional representatives from
Taiwan province and the offshore islands have been chosen
since 1969 in periodic "supplementary elections."
Nevertheless, of the 768 National Assembly seats filled as of
the end of 1989, only 84 are supplemental members. Of the 250
Legislative Yuan seats filled as of the end of 1989, 67 were
supplemental legislators elected in Taiwan. These 67 were the
most active members in the legislature, due largely to the
advanced age and incapacity of those elected four decades ago.
In the face of persistent and growing calls for more
representative institutions, the KMT has committed itself to
rejuvenating the central parliamentary bodies. Elections on
December 2, 1989, increased elected legislative seats to 101.
Plans have been announced to triple the number of elected
National Assembly delegates by 1992. There is also a draft
retirement plan for aging mainlander representatives to
encourage them to step down voluntarily. The authorities,
however, have refused to adopt any comprehensive measures to
end the mandates of those parliamentarians, believing that it
would call into question their claim that these bodies
represent all of China. Suspicious that the KMT is seeking
unfairly to prolong its majority, the DPP is calling for the
complete reelection of all central parliamentarians by the
people of Taiwan. Even some supplemental KMT legislators call
for the retirement of members serving indefinite terms.
The KMT continues to be the dominant political party in
Taiwan, as has been the case since 1945. Originally composed
overwhelmingly of mainlanders, its membership of over 2
million is now more than 70 percent Taiwanese. There are also
two miniscule, nominally independent, parties which came from
the mainland. The KMT's structure and control mechanisms are
based on Leninist models; however, the party's operations are
considerably more flexible. In 1988 the KMT began to remove
formal party organs from the military and the school systems
and to democratize its party structure.
The passage of the Civic Organizations Law in January 1989
legalized the organization of political parties. The major
opposition party, the DPP, was formed in 1986 in defiance of
martial law; it registered as a political party in April
1989. The Labor Party was formed in 1987 and the Workers
Party, an offshoot of the Labor Party, in March 1989. At
present there are 38 registered parties.
The DPP claims a membership of 25,000. The other opposition
parties are much smaller. 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. Their activities have spurred some KMT legislators to
criticize regime policies openly.
Opposition candidates still face several disadvantages in the
election process, principally the authorities' virtual
monopoly of television and radio. The Central Election
Commission remains under the control of the Executive Yuan.
Half its membership of 14 is KMT, one is DPP, and the
remainder are independent. The Control Yuan (the highest
supervisory organ) continues to be indirectly elected under a
voting system that guarantees KMT domination. Persons
convicted of sedition under martial law, including some of the
best known figures of the opposition, continue to be barred
from voting, holding public office, and practicing certain
professions. The benefits the KMT enjoys in terms of access
to public and private funds and assistance from administrative
and security agencies give it an unfair advantage according to
opposition politicians. Finally, although the law prohibits
vote-buying and bribery, critics of the electoral system say
that the law is ineffective in preventing such practices.
Nevertheless, the December elections were an important
milestone in Taiwan's evolution to a more democratic system.
The KMT won about 58 percent of the overall popular vote, down
from 70 percent in 1986, and the DPP increased its popular
vote from about 23 to 30 percent.
Universal suffrage exists for citizens 20 years of age and
over. Voting is voluntary and by secret ballot; voter turnout
in the December elections reached about 75 percent.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Taiwan authorities permit representatives of international
human rights organizations, including Amnesty International
and Asia Watch, to visit and meet Taiwan citizens freely.
Taiwan has two principal human rights organizations: the
Chinese Association of Human Rights (CAHR) and the Taiwan
Association for Human Rights (TAHR) . The CAHR, staffed mostly
by retired officials, is regarded as the establishmentoriented
human rights organ. The TAHR is aligned with the
DPP. The effectiveness of the two associations is limited,
however, by the fact that they do not coordinate activities
and, in fact, have contact only when representatives of
international human rights organizations visit Taiwan.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Taiwan's only non-Chinese minority group consists of
aboriginal descendants of Malayo-Polynesians , slightly more
than 1 percent of Taiwan's population, who were already
established in Taiwan when the first Chinese settlers
arrived. They face no official discrimination but significant
cultural and economic barriers. Specially designated seats in
both central and provincial legislatures are reserved for
representatives of these aboriginal people, and the
authorities have instituted a number of social programs to
ease their transition into the dominant Chinese society. The
aboriginal people complain that they are prevented from owning
ancestral lands in mountain areas under the control of the
authorities. Furthermore, they are not allowed to use
non-Chinese personal names on legal documents. Some complain
of economic exploitation by commercial or tourist concerns.
The sale of aboriginal children into prostitution is a serious
social problem.
The law prohibits sex discrimination, but it exists both de
facto and de jure. There are still some laws that
discriminate against women, relating mostly to divorce issues
and inheritance, but 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.
Women have complained of being forced to quit jobs because of
age or childbearing restrictions, and restrictive quotas exist
within certain ministries to control the number of women who
may be hired even after passing the rigorous civil service
examination. A women's rights movement is active and growing.
Although data on violence against women are not available,
women active in politics, human rights, and women's
organizations single out intrafamily violence as a serious
problem, especially wife beating. There is a tradition of
tolerance for wife beating and strong social pressure for
abused wives to conceal their treatment to avoid "disgracing"
their families. The critics of this violence believe that
greater mobility, education, and job opportunities are making
women less inclined to tolerate such abuse and more willing to
complain of mistreatment, but it is not known if the number of
actual complaints filed increased in 1989. A somewhat similar
situation exists with regard to rape, since the victims are
still socially stigmatized. Under Taiwan law, the authorities
may not undertake a prosecution for rape; only the victim may
make a complaint. Because rape trials are public, women are
reluctant to prosecute their attackers. Rape counseling
services are not yet available, but feminist and human rights
organizations have assisted rape victims, and victims are now
more willing to come forward and press charges.
In 1989 the problem of child prostitutes received considerable
public attention. Women's rights activists criticized police
for not closing down brothels and judicial authorities for
allowing parents to sell their daughters, sometimes
repeatedly, into prostitution. According to some reports,
violence and coercion are used by brothel owners to prevent
girls from escaping.
Although the Taiwanese dialect is the mother tongue of most
inhabitants of Taiwan, the authorities forbid its use in the
educational system and impose limits on its use in broadcast
media--Mandarin Chinese broadcasting must not be less than 55
percent on AM radio and 70 percent on FM radio and television.
Section 6 Worker Rights
a. The Right of Association
Labor's right of association is seriously limited by a number
of laws and regulations. One of these requires organizers to
seek the approval of the authorities to establish unions.
Labor unions may draw up their own rules and constitutions,
but these must be submitted to the authorities for review.
Unions may be dissolved by the authorities if they do not meet
legal requirements for certification or if their activities
disturb public order. According to official sources, no
unions have been dissolved, although certification has been
denied where there were competing unions. In the latter
cases, the unions were asked to reconcile their differences
and file as a single union. Civil servants, teachers, defense
industry workers, and administrators acting on behalf of
employers are prohibited from organizing unions. Public
employees particularly guard their political views for fear of
jeopardizing job benefits or opportunities for promotions.
Most of Taiwan's 3,300 unions are controlled by the KMT, but
the DPP and Labor Party organizers have made inroads as
workers have grown increasingly restive over salary issues and
working conditions. In the last 3 years, workers have
sometimes rejected KMT or management-endorsed union slates.
The authorities in 1988 moved to strengthen laws regarding
workers' right to strike. Revisions of the labor disputes
law, which became effective in June 1988, recognize labor's
right to strike but place serious restrictions on it. Both
labor and management are forbidden from disrupting the
"working order" when either mediation or arbitration is in
progress. Before a strike can be called, it must be approved
by a vote of the full membership of the union. The
authorities have required official approval before such a
meeting can be called. Applications for arbitration may be
made to the local government. The authorities have, in at
least one case, not waited for such an application but deemed
the dispute to be in arbitration in order to avoid a strike.
Stiff penalties may be levied should no-strike/no-retaliation
clauses be violated, but critics say that employers have
ignored the law and dismissed or locked out workers without
any legal action being taken against them. Regardless of
legal limitations on the right to strike, however, workers
have struck or staged slowdowns with increasing frequency.
Unions may form confederations but no administrative district,
including cities, counties, and provinces, can have more than
one labor confederation. The Chinese Federation of Labor, the
only legal union federation on Taiwan, is closely associated
with the KMT and is affiliated with the International
Confederation of Free Trade Unions. Taiwan is not a member of
the International Labor Organization.
b. The Right to Organize and Bargain Collectively
As of September 1989, 2.488 million workers, or approximately
30.13 percent of Taiwan's paid employees, belonged to 3,336
unions. Under the Labor Union Law, employers may not refuse
employment to, dismiss, or otherwise unfairly treat workers
because they are union members. There have been occasional
reports, however, of antiunion discrimination in labor
disputes. The Chairman of the Workers Party was fired in May
for union activity, and a foreign priest was abruptly expelled
in March because of his involvement in the independent labor
movement. Laws governing union activities apply equally
within export processing zones.
Collective bargaining is provided for under the collective
agreements law but is not mandatory. Only about 341
collective agreements were in force as of March 1989. 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 by them is small.
Legal restrictions on the right to strike and provisions for
involuntary mediation or arbitration seriously weaken
collective bargaining.
c. Prohibition of Forced or Compulsory Labor
Taiwan law does not allow forced or compulsory labor, except
as punishment for crime. However, the police o,ffenses law
permits compulsory labor up to a total of 16 hours as
punishment for minor crimes without recourse to judicial due
process. There have been reports of women and girls being
forced into prostitution or prevented from leaving brothels.
d. Minimum Age for Employment of Children
The minimum age for employment is 15, and interaction between
the law stipulating this and a compulsory education law
effectively keeps child labor to a very low level.
e. Acceptable Conditions of Work
The Taiwan Labor Standards Law, promulgated in 1984, was
enacted to provide minimum labor standards. It covers some
3.5 million of Taiwan's 5.6 million paid workers. The law has
enjoyed only limited success in several areas, and there is a
growing sentiment that it a.. J other labor laws should be
strengthened and extended to cover additional workers.
By law, the workweek is limited to 48 hours (8 hours per day,
6 days per week) with certain provisions for overtime. Taiwan
in 1988 increased the basic wage, which functions essentially
as a minimum wage, to approximately $342 per month. There is
general agreement that the basic wage is less than that needed
to assure a decent standard of living; however, the average
manufacturing wage is over $633 per month. Most large firms
provide their employees with allowances for transportation,
meals, housing, and other benefits which can amount to another
60 to 80 percent of base salary. There are minimum standards
for working conditions and health and safety precautions.
Unemployment insurance is being studied and may be offered to
a small segment of workers in a pilot program.
The authorities' efforts to increase workers' awareness of
their rights through union education programs and the
establishment of complaint channels appear to be bearing some
fruit. In 1988 there were 67 lawsuits filed involving
management and labor.
Despite the establishment of the Council on Labor Affairs,
many provisions of labor legislation have not been enforced
because the number of inspectors is far too small. There are
272 inspectors for approximately 123,000 enterprises covered
by the Labor Standards Law. In 1988, 13,655 enterprises, 10.6
percent of the total, were inspected. 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.
