Country Report on Human Rights Practices for 1987
TAIWAN
.
In 1987 Taiwan undertook a major effort to reform its political
system after four decades of martial law. This effort and
proposals for further change are extensive, touching upon the
rights of persons to assemble, organize, and express themselves
freely. Fundamental issues concerning the structure of the
legislative system and political representation are being
addressed, and restrictions on travel to and from Taiwan are
being eased.
While Taiwan's polity is still dominated by the Nationalist
Party (the Kuomintang or KMT) in a highly authoritarian
system, the authorities exhibited greater flexibility in
dealing with the political opposition during 1987. For the
first time since 1949, the authorities in 1986 allowed an
authentic political party, the Democratic Progressive Party
(DPP), to be formed. Although the DPP is not legally
recognized by the authorities, the KMT has opened direct
communications with it within the Legislative Yuan (the
central legislative body) to discuss legislative issues. In
1987 DPP and KMT legislators openly disagreed with Executive
Yuan (cabinet) positions on fundamental policy issues and more
closely scrutinized and influenced proposals submitted by the
authorities
.
The atmosphere of political liberalization was also manifested
by a series of prisoner releases, in which 58 political
prisoners were freed in 1987. Martial law, in effect since
1949, was lifted on July 15, and, under the provisions of the
newly enacted National Security Law, civilians are no longer
tried by military courts. The authorities have announced
plans to revise the conditions under which persons in Taiwan
may publicly assemble or demonstrate, organize political
parties, strike, reprint mainland China publications, and
publish newspapers. The 1979 ban on direct tourist travel
from Taiwan to Hong Kong and Macau was lifted, and many
overseas Taiwanese political dissidents previously denied
reentry to the island are now being permitted to return.
Prohibitions have been eased on personal travel to the China
mainland
.
This process of reform and transition, both actual and
planned, has been recognized both internationally and in
Taiwan as a step toward political pluralism in a society which
already enjoys a free market economy. Demographically , 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 under represented at the upper
levels of the ruling elite. Although the authorities continue
to recruit increasing numbers of Taiwanese to fill important
economic, political, military, and security posts,
dissatisfaction of many in Taiwan with mainlander predominance
has fueled the demands for more representative government.
Controls over media programming and the educational system
limit the broadcast and teaching of the Taiwanese dialect.
Mainlanders complain they themselves face discrimination in
the private sector. Native Taiwanese-held companies often do
restrict or disallow hiring Chinese of mainland origin.
Though the legislature is more vigorous than heretofore,
Taiwan's central parliamentary bodies still remain constituted
under a representational formula which assures continued KMT
control. Restrictions on campaign activities favor KMT
incumbents. The offices of Taiwan provincial governor and
mayor in Taipei and Kaohsiung remain appointive. While the
KMT has committed itself to revising the formula for
legislative representation, a formal proposal has yet to be
tabled. Although there has been more tolerance of political
criticism in publications, occasional confiscations or bans
underscore the authorities' continued restrictive powers over
the press. Local and international human rights groups also
criticize other conditions they believe limit or violate human
rights such as the authorities' continued control of the
judiciary, mass media, labor, and professional groups.
Finally, abuses are still sometimes committed in the
interrogation and prosecution of suspects.
In 1987 Taiwan authorities took, or developed plans for, steps
to deal with a wide range of issues related to individual
freedoms.. Many of these reform initiatives are still being
debated, and much uncertainty remains as to what the final
results will be.
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
There were no reports of persons being abducted or secretly
arrested by the authorities.
c. Torture or Other 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 resort at times to physical violence
and torture in interrogating suspects. The authorities have
been criticized in the Legislative Yuan and in the Provincial
Assembly for using electric prods and other devices of torture
in the questioning of criminal suspects and during their
imprisonment. Deaths of persons in police custody have been
reported, and five police investigators have been charged by
the authorities with using water torture, beatings, or
electric shock during interrogations.
d. Arbitrary Arrest, Detention, Exile or Forced Labor
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 the legislature
point out that these procedures sometimes lead to abuses.
Suspects called in for questioning by the police are sometimes
arrested after questioning without a warrant.
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 investigative phase prior
to the filing of 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 may also be
extended during the trial. In recent cases, the authorities
generally have followed these procedures and extended the
periods of detention. 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 investigative phase. The Taipei Bar Association
has complained, however, that defense lawyers are sometimes
barred by prosecutors from visiting their clients during this
phase and that suspects often are not advised of their right
to have legal representation during police interrogation.
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.
The reformatory facilities, however, remain under the
jurisdiction of the military, and the law does not authorize
the courts to determine the length of such education. The
duration of reformatory education therefore is determined by
the military; it may range from 1 to 5 years. Alleged
hoodlums can be held incommunicado without legal
representation, and their families need not be notified of
their arrests.
Similarly, a 1984 executive decree permits the jailing of
persons suspected of criminal activity; unlike the 1985 law,
the 1984 decree did not set time limits on the period of
incarceration for those arrested. Many prisoners arrested and
jailed under the provisions of the 1984 decree are still
imprisoned with no determinate sentence. There are reported
to be approximately 2,000 persons arrested under the 1985 law
and the 1984 decree currently in Taiwan jails. The Ministry
of Justice decided to transfer these inmates to civilian
prisons after the outbreak of protests and rioting in late
1987.
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. 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 widely used.
Taiwan does not allow forced or compulsory labor, and there
have been no reports of the practice. However, compulsory
prison labor has been required for many years. Taiwan law
considers prison labor desirable, and 6 to 12 hours of daily
work is required, except in cases where a person's physical or
mental condition does not permit it. Compulsory labor is also
required of military prisoners.
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 not fully independent and
susceptible to pressure from the authorities, on whom judges
depend for desirable assignments and career advancement.
In 1987 the courts tried a number of political activists on
charges of disturbing the peace or interfering with official
duties. With regard to these cases, both the opposition and
some independent observers have raised doubts about the
application of the law and impartiality of the judiciary.
Since the lifting of martial law on July 15, civilians may no
longer be tried in military courts. Trials, including those
held in military courts, are public, but attendance at trials
involving juveniles or persons considered politically
sensitive may require permission from the court. Defendants
have a right to an attorney, at public expense if needed.
In a typical criminal court case, parties and witnesses are
interrogated by a single 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 and
criminal law specifically provide the defendant with
protection from self-incrimination.
Court cases generally are heard through several brief court
sessions, often separated by weeks or months. Persons
convicted in civilian court cases where the sentence exceeds 3
years have a right to review by the Supreme Court. The Supreme
Court limits its review to the law of the case and to specific
procedural aspects. The new 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. Human rights groups have criticized
the lack of impartiality of military court judges and have
reported instances in which persons received martial law
sentences for engaging in peaceful political activity.
Prosecutors and judges are allowed to switch roles pending the
approval of a special committee of the Judicial and Executive
Yuan representatives. Attorneys complain that this practice
weakens the independence of the judiciary. Furthermore,
judicial decisions must be approved by higher court
authorities before they are pronounced. Observers of the
court system say this dilutes the authority of judges and
tempts outside interference with the judicial process. A
review of judicial procedures recently initiated by the
authorities has proposed abolishing this practice.
Although the authorities deny holding political prisoners,
critics of the regime have estimated that there remain about
30 political prisoners, reduced from an estimated 90 to 100 in
1986. While civilians can no longer be tried by military
courts for sedition, sedition remains a crime subject to
normal civilian criminal procedures. It has been interpreted
to include expressing Communist sympathies, espousing views
contrary to the authorities' claim to represent all of China,
and supporting an independent legal status for Taiwan.
In 1987 the authorities decided to grant early releases to
many political prisoners. Of the eight persons convicted by
military courts of sedition in 1980 for their role in the 1979
Kaohsiung Human Rights Day rally, all but one have been
released. Since January 1987, approximately 50 other
political prisoners serving sentences for sedition or other
crimes under martial law have been released.
f. Arbitrary Interference with Privacy, Family, Home or Correspondence
The daily life of a person not actively engaged in politics is
subject only to minor interference by the authorities. The
authorities impose limits on the use of the Taiwanese dialect
(the mother tongue of most inhabitants of Taiwan) on television
and radio. 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 technically a matter of free choice. Party
membership, however, is considered an unwritten requirement
for advancement in the military, the government, and academia.
Physical invasion of the home without a warrant, while not
common, does occur. 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 to occur. The authorities deny
monitoring telephone conversations. In July 1982, the
authorities instituted "selective postal checks," supposedly
to intercept parcel bombs and correspondence from the People's
Republic of China (PRC)
.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Presso
Freedom of speech and press are assured by the Constitution,
but statutory restrictions significantly limit these rights.
Security authorities monitor political expression, both in
Taiwan and overseas. People have not been free publicly to
question the regime's basic political policy of anticomjnunism
or its claim to sovereignty over all of China. Those speaking
favorably of communism or the People's Republic of China, or
who question the legitimacy of Taiwan's mainlander authorities
by suggesting support for "Taiwan independence," could expect
to be warned and, if they did not desist, to be charged with
sedition. With the July 15 lifting of martial law, regime
critics have been emboldened to raise previously taboo
political subjects publicly, including "Taiwan independence."
The authorities have repeated warnings that advocacy of Taiwan
independence cannot be tolerated. While many public speeches
and articles favoring independence have gone unpunished, in
one case two leaders of a political prisoners' association,
Tsai Yu-chuan and Hsu Tsao-teh, were arrested and charged with
sedition for proposing that language supporting Taiwan's
independence be incorporated in the association's charter.
The proposal was adopted, and the subsequent arrests of Tsai
and Hsu have become a concern of human rights groups in Taiwan
and elsewhere.
The number of newspaper licenses is limited to 31, nearly all
owned by the authorities, the KMT, or senior KMT party
leaders. The size of each issue is also regulated, and
newspapers are not allowed to increase the number of pages
beyond the current maximum of 12. There are several smaller
privately owned and relatively independent newspapers. In
what may prove to be a significant move towards lifting press
controls, the ruling party in 1987 announced intentions to
lift the limits on the number of newspapers and loosen
restrictions on the number of pages by the beginning of 1988.
Censorship of publications is carried out through provisions
of the Publications Law, which empowers the police to seize or
ban printed material that commits or instigates others to
"commit sedition, treason, offenses of interference with the
lawful exercise of public functions or against public order."
In the past, this covered a wide range of topics, including
articles that discussed possible leadership changes, questioned
the legitimacy of KMT rule, criticized Taiwan's foreign policy,
or merely revealed behind-the-scenes news that was potentially
embarrassing to the leadership. Since the lifting of martial
law, however, publication bans have fallen off dramatically,
and even oppositionists agree that restrictions on content are
not being as strictly enforced.
Control over daily newspapers remains, however, and is often
exercised indirectly, through guidance from the Government
Information Office and the KMT. Newspapers and magazines
gradually have expanded their coverage of sensitive subjects,
such as news from the PRC and opposition activities and
views. However, the authorities at times have threatened
strong action when coverage of sensitive events displeased
them, as in the case of two Taiwan reporters who defied the
regime's ban on travel to the mainland to report openly on the
situation there. Upon their return to Taiwan, the authorities
moved to prosecute the two reporters and their newspaper's
director. Censorship of opposition periodicals continued in
1987, but fell off sharply after the lifting of martial law on
July 15. In 1985 about 75 percent of all issues were banned.
In 1986 virtually every issue of opposition magazines was
banned and forced underground. Although bans continued
through the first half of 1987, there was only one locally
published magazine banned by the authorities after martial law
was lifted. Monitoring of newsstand publications, however, is
reportedly continuing.
The authorities have begun to loosen restrictions on
dissemination of mainland publications. On August 27, the
Government Information Office announced the formation of
screening committees to consider applications for reprinting
mainland publications in Taiwan. The use of the mainland
system of simplified Chinese characters, however, remains
prohibited in Taiwan.
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. Oppositionists charge that the
military and the governing authorities control or own 82
percent of the radio stations in Taiwan. Requests by
opposition politicians to open their own radio station have
been turned down by the authorities. The reason cited is that
there are no frequencies available.
Before the lifting of martial law, foreign publications also
were subject to censorship. Occasionally pages carrying
articles offensive to the authorities were removed or altered
before distribution. This practice, however, appears to be
diminishing. Longtime residents of Taiwan notice less
official interference with the free flow of international
news, particularly regarding Taiwan and the China mainland.
Delays in delivery of foreign magazines have occurred, however,
when articles or covers have displeased the authorities. In
one case, the September 14, 1987 issue of Newsweek was banned
for its cover story on Taiwan's mainland policy.
On university campuses, students have complained that campus
publications are censored by university administrators under
provisions of the University Law. Students have also protested
punishments, ranging from demerit points to expulsion, for
being too outspoken on certain issues. The same restrictions
apply to their teachers, and there have been reports of
pressures placed on teachers and even firings because of
extracurricular political activities. The University Law is
scheduled for liberalization, however, and is expected to be
taken up by the Legislative Yuan in 1988.
The security forces announced in 1986 that facsimile
transmission machines have been classified as restricted
telecommunication equipment. Since September 1, 1986, their
import or sale requires a license. The use of computer modems
is also controlled.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is assured by the Constitution. Until
July 15, however, when Martial Law ended, public assembly for
political purposes (except during election periods) was
legally circumscribed. Since the lifting of martial law,
political opponents have been permitted to hold public marches
after getting approval from the authorities. Under the
current University Law, student rights to assemble and to
organize island-wide associations are curtailed. The
legislature is currently considering a new law on assembly and
public demonstrations. The draft of this law does not allow
demonstrations at or near a number of government and military
sites and prohibits any demonstration which violates the
Constitution or advocates communism or Taiwan's separation
from China. It also details the requirements for registration
and approval of public derrionstrations
.
The 1983 Election and Recall Law prohibits holding campaign
rallies in any form prior to the "authorized period", about 2
weeks before balloting. During the first half of the
authorized campaign period, all candidates are allowed to hold
rallies, although these are closely monitored by the
authorities. During the second half, campaigning has been
limited to highly structured, officially sponsored rallies in
which both KMT and opposition candidates participate. The Law
also limits joint rallies of two or more candidates only to
these officially sponsored rallies Opposition politicians
have been sharply and openly critical of these measures,
claiming they hinder their ability to reach the electorate.
Nevertheless, the opposition has been able to hold a number of
rallies, demonstrations, and lectures outside of the
authorized campaign period without official sanction.
Nonelection year political rallies have also been held
frequently in the past. Whereas the authorities had
previously attempted to discourage open-air rallies, it
appears that since 1986 this restriction has been eased.
During 1987 opposition politicians held numerous rallies
throughout the island without interference from the
authorities. Some of these rallies even have included public
debates between KMT and DPP elected officials.
In 1987, due to the lifting of restrictions formerly imposed
on labor under martial law and a concern for labor's potential
political role, the authorities moved to clarify Taiwan's
labor laws regarding workers' right to strike and to bargain
collectively. Changes to the labor laws are still under study
and are expected to be enacted early in 1988.
At the end of 1986, there were 1.72 million union members,
constituting approximately 33 percent of Taiwan's paid
employees. Collective bargaining is provided for under the
Collective Agreements Law. While some 260 collective
agreements were in effect in 1987, the right to strike is
seriously curtailed by involuntary mediation and arbitration
as well as by other legal provisions. While many of these
provisions are now being reviewed, under current laws and
practices meaningful collective bargaining does not exist in
the internationally recognized definition of the term. Union
organization in Taiwan is significantly restricted or
controlled by the authorities. Civil servants, teachers,
defense industry workers, and administrators acting on behalf
of employers are prohibited from organizing unions. These
employees particularly guard their political views for fear of
jeopardizing job benefits or having promotional opportunities
curtailed. In some cases, authorities have fired or threatened
to fire employees for their political views, or because of the
political views of a family member.
Unions traditionally have not been vigorous in Taiwan. Their
power is sharply curtailed by restrictions on walkouts and
strikes under current law. Although the authorities intend to
clarify the conditions under which workers may strike, it is
not clear how far the new law will go in liberalizing current
restrictions. Furthermore, most union leaders are members of
the ruling KMT, and party control over the labor movement
remains very strong. Unions focus primarily on employee
welfare and benefits rather than on higher salaries. Unions
do have an important role in monitoring compliance with labor
laws and educating workers as to their legal rights.
KMT control over labor unions, however, is not absolute. The
Chinese Federation of Labor, Taiwan's national labor
organization, maintains contact with the International
Confederation of Free Trade Unions and is on record as having
been critical of the ban on strikes when martial law was in
effect. In 1987 company workers sometimes rejected KMT or
management-endorsed union slates, and some strikes have, in
fact, taken place. Furthermore, workers of different companies
are for the first time banding together to establish emergency
funds in anticipation of future strikes or lawsuits. Strong
economic growth and a tight labor market are improving the
conditions of labor in Taiwan by way of market mechanisms.
c. Freedom of Religion
The Constitution provides for freedom to practice religion.
This provision 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. This pressure eased somewhat in 1987.
The Presbyterian Church in Taiwan, whose approximately 210,000
members are predominantly Taiwanese, has been a prime target.
In early 1987, copies of the church's weekly newspaper were
confiscated and destroyed because of an article considered to
be politically sensitive. After church protests, however, the
authorities reprinted the issue, including the offending
article, and returned the copies to the church.
Presbyterian church leaders in self-exile abroad, who had been
denied entry to visit Taiwan for many years, were permitted to
return in 1987. During their visits, the authorities allowed
them to see whomever they wanted and did not interfere in
their travels. These church leaders even met with high
ranking KMT officials to voice encouragement and support for
the ruling party's continued democratization of Taiwan.
Many Presbyterian church members are actively involved in
opposition politics, and the church has voiced concern about
those facing criminal prosecution. National Assembly member
Hung Chi-chang, a Presbyterian, along with four other persons
(two of them oppositionists), are being tried for their part
in a June 12 public disturbance. Tsai Yu-chuan, a Presbyterian
minister, has been indicted for sedition in connection with
his alleged advocacy of Taiwan independence. The church
maintains that neither man espoused violence and supports the
right to free political expression.
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. The
conflict had led to physical evictions from the tract with
destruction of church members' homes and crops. In 1987 the
authorities made several conciliatory moves including
compensation for destroyed crops, access to a mountain these
church followers consider sacred, and allowing the listing of
the mountain on their identity papers.
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 1979. A major development in 1987 was the
announcement that travel to the mainland to visit relatives
would henceforth be permitted. Although travel to the PRC,
other than to visit relatives, still is officially prohibited,
the authorities generally overlook discreet personal travel to
the mainland via other countries. Since 1980 businessmen have
been permitted to travel to and do business directly with
certain Eastern European countries.
Exit permits may be refused for a number of reasons. For
example, 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.
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, in recent
years this has become less of a problem.
The authorities claim to recognize the right of those Chinese
who hold Taiwan passports, and who normally reside in Taiwan,
to return from abroad. Nonresident citizens, usually issued
"Overseas Chinese" passports, require visas to travel to
Taiwan. The authorities are 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. This
law is not used frequently; however, there has been one widely
publicized application of the law involving a U.S. permanent
resident who tried, once in December 1986 and again in October
1987, to return to Taiwan. Despite the authorities' claim
that he was "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 refugee cases 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 Gonvernment
Effective political power resides with the aging KMT
leadership, which fled the mainland in 1949 and which
continues to place significant restrictions on the right of
Taiwan's citizens to change their government. Reflecting
their claim to be the government of all of China, the
authorities maintain not only provincial and local government
systems 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.
The number of Taiwanese in the Cabinet and the Central
Standing Committee gradually has been increasing, and they
comprise a significant force within these bodies. Three of
the 8 Ministers and 14 of the 31 KMT Central Standing Committee
members are Taiwanese. As representatives of the majority
population, their views form an important consideration as the
leadership decides on major policies. However, 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. 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 Legislative Yuan, which is the Parliament, 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 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 948 out of 2,691 seats of the
National Assembly are currently filled, including 84
supplemental members. Of the Legislative Yuan's current
membership of 315, the supplemental legislators number 73 and
constitute the most active group, due largely to the advanced
age and incapacity of those elected 39 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 have been 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 group of KMT
Central Standing Committee members has been empowered to study
the issue of the rejuvenation of the central parliamentary
bodies, and it is reportedly considering methods of replacing
aging members through elections.
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 increasingly significant at the middle and higher
levels. Taiwanese comprise more than 70 percent of the KMT's
total membership of approximately 2 million.
The lifting of martial law removed the ban on new political
parties; however, full legalization of new parties awaits new
laws which currently are being considered by the Legislative
Yuan. In the past, opponents of the KMT ran in elections as
independents. Prior to the lifting of martial law, the
opposition acted in defiance of it and announced on September
28, 1986 the formation of the Democratic Progressive Party
(DPP). The authorities took no action against it. The DPP
successfully fielded candidates in the December 6 legislative
election, winning over 20 percent of the vote. In 1987 the
KMT initiated a series of meetings with DPP legislators to
discuss important post-martial law legislation, thereby
according de facto recognition to the new party. In the
meantime, other groups have declared or are preparing to
declare political parties, hoping to represent constituencies
they believe to be overlooked by both the KMT and the DPP.
The role of the opposition in the elected bodies is greater
than its small numbers might indicate. Opposition members are
very vocal in elective bodies and frequently use interpellation
sessions, during which legislators pose questions to executive
branch officials, to raise controversial or sensitive issues.
Their activities have probably spurred tendencies within the
ranks of the KMT, particularly among KMT supplemental
legislators, to criticize regime policies openly. They have
also accentuated the theoretical distinction, long blurred in
actual practice, between the KMT party and the governmental
structure.
Opposition candidates face several disadvantages in the
election process. Television, under firm state control,
generally ignores opposition campaign activity or activities
during council or legislative sessions that would help
oppositionists gain greater public exposure. 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 "gettogethers,"
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. At least
up until now, press self-censorship and banning have resulted
in less publicity for the views of the opposition, which
further handicaps opposition 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. One incumbent opposition candidate,
however, was reelected in the 1987 Control Yuan election,
despite an attempted boycott of the vote by the DPP.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
In past years, the Taiwan authorities occasionally have
permitted representatives of international human rights
organizations and private persons interested in human rights
issues to meet with appropriate officials and other persons.
In 1987 representatives from Amnesty International were
allowed to visit and meet freely with whomever they wished to
see in examining Taiwan's human rights situation. The
nongovernmental Chinese Human Rights Association, a strongly
anti-Communist organization that originally focused its
attention on human rights guestions 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 visit Taiwan's 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 refused to
recognize the THRA because it has not been registered in
accordance with the "law governing the organization of civic
bodies during the extraordinary period," which allows only one
association per organizational function. This issue has not
been resolved, but the practical effect appears limited since
the THRA continues to carry out its activities in Taiwan.
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 frequently
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. Aboriginal people nevertheless complain that they
are prevented from owning ancestral lands in mountain areas
under the control of the authorities. Furthermore, aboriginal
people 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 contribution of Taiwan's women to the economy and to the
island's economic transformation has been significant.
However, the majority of women still have poorly paying jobs
at the low end of the economic scale, generally earning 40 to
50 percent less than men.
Although the law prohibits sex discrimination, the press
occasionally carries complaints of cases of discrimination.
For example, women have complained of being forced to quit
jobs because of age or childbearing restrictions. Restrictive
quotas exist within certain ministries to control the number
of women who may be accepted even after passing rigorous civil
service examination. The 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 become increasingly active in
local politics and have been successful votegetters. 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."
About 4 million of Taiwan's 5.26 million paid workers, mostly
in blue-collar jobs, public utilities, construction,
agriculture, transportation, and communications "fall under its
purview. The law has enjoyed relative success in several
areas. The authorities plan to extend the coverage of this
and other labor laws to protect the rights and interests of
other workers. 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.
By law the workweek is limited to 48 hours (8 hours per day, 6
days per week) with certain provisions for overtime. Taiwan
has no minimum wage legislation, but the average manufacturing
wage is over $450 per month. 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.
Many areas covered by the law have not been enforced 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 once in 11 years, and action
is rarely taken unless a worker complains formally to the
authorities. Further, 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.
Labor discontent resulted in the unexpected 1986 election loss
by the KMT of two labor constituency seats. The authorities,
as a result, have placed greater emphasis on labor matters. A
cabinet-level Labor Council was created in 1987 to implement
and oversee labor laws and policies. Thus far, it has
concentrated its resources on monitoring working conditions
and provisions for legally mandated retirement funds in state
enterprises and larger private concerns. The authorities have
also promised to introduce legislation clarifying union
organization and workers' right to strike by the end of 1987
or early 1988. Unemployment insurance is being studied and
may be offered to a small segment of workers in a pilot
program. Finally, efforts on the part of the authorities to
increase workers' awareness of their rights through union
education programs and the establishment of complaint channels
appear to be bearing fruit, as manifested by an increasing
number of lawsuits filed against employers by workers.
