Country Report on Human Rights Practices for 1985
TAIWAN
Taiwan's polity is dominated by the Nationalist Party
(Kuoraintang or KMT) in an essentially one-party authoritarian
system. A vocal opposition exists, however, and enjoys a wide
range of popular support, as well as some freedom of
expression. 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 bringing in younger members 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 justify martial law as necessary to
counter the threat of military action or subversion from the
People's Republic of China (PRO . Although the people of
Taiwan enjoy considerable influence in local level
decisionmaking, they have little input into the major
political decisions affecting them.
Throughout the past 36 years, the Taiwan authorities have
promoted economic development while firmly controlling the
political system to ensure stability. Although now feeling
the impact of the global economic downturn, Taiwan's largely
free enterprise economy in recent decades has been one of the
fastest growing in the world. Taiwan's per capita gross
national product (GNP) of over $3,067 ranks fourth highest in
East Asia and is accompanied by high standards of education,
health, and nutrition.
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, continued
in 1985. Native Taiwanese, descendants of Chinese who
migrated from the mainland primarily in the 17th and 18th
centuries, dominate the private economy. They now constitute
85 percent of the population but are still under represented at
the upper levels of the ruling elite. The authorities
continue gradually to recruit increasing numbers of Taiwanese
to fill important economic, political, military, and security
posts .
Notwithstanding the slow trend in recent years toward
improvement, human rights practices in Taiwan in 1985 charted
an uneven course. The rights of the work force increased
significantly as enforcement provisions of the new Labor
Standards Law went into effect. A revised Civil Code now
affords women greater rights and protection in disputed areas
of marriage and divorce. Also, the authorities admitted the
involvement of some of their senior military intelligence
officials in the October 1984 murder in California of a U.S.
citizen of Chinese origin, but they maintain that the crime
was committed by individuals acting without the knowledge or
authorization of high-level authorities. Three military
intelligence officers and two gangsters were convicted in
military and civil courts, respectively, and have begun
serving their prison sentences.
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 youth. An
expanding, prosperous, and educated middle class displays a
growing willingness to pressure the authorities about human
rights issues.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of any killings for political reasons in
Taiwan in 1985.
The Taiwan authorities maintain that their highest levels had
no connection with the October 1984 murder of U.S. citizen
Henry Liu in Daly City, California, and insist that the Liu
murder was an act of a few misled individuals in official
positions. Earlier, when investigation of the Liu murder
revealed that high-ranking military intelligence officers were
directly involved, the authorities suspended the head of the
Intelligence Bureau of the Ministry of National Defense
(IBMND), Vice Admiral Wang Hsi-ling. In April, Wang and two
of his aides were convicted for their role in the murder.
Wang was sentenced to life imprisonment; his aides received
sentences of 2 1/2 years. However, some foreign and domestic
observers at the trials claim that there are inconsistencies
in the testimony and that the court's failure to pursue
pertinent aspects of the case, such as the motive for the
murder, has left many questions unanswered.
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
Although Taiwan law specifically prohibits the use of torture,
individual members of the police or security forces are known
to resort at times to physical violence in interrogating
suspects .
Credible reports indicate that some Green Island Prison
detainees picked up during the crackdown on crime are kept in
leg irons for the first months of their unspecified period of
detention and are permitted no contact with the outside world.
Taiwan's civilian prisons are severely overcrowded. . According
to a 1984 Ministry of Justice report, civilian prisons built
to accommodate 15,983 prisoners were holding 22,908. Because
of this overcrowding, prisoners are forced to share cramped
living quarters and have few opportunities for work, exercise,
or family visits. Even the opening of additional facilities
has not provided adequate space. The massive influx of some
2,000 detainees, resulting from the authorities' crackdown on
crime (which began with "Operation Clean Sweep" in 1984 and
continued through 1985), has further taxed prison facilities.
In August 1985 the Ministry of Justice announced plans to
build 5 new prisons over the next 6 years to accommodate
12,000 inmates. The Ministry also said that work on new sites
for the Tainan and Kaohsiung detention houses is under way and
is expected to be completed by April 1986.
According to a recent estimate, up to 15 percent of inmates in
Taiwan prisons are serving sentences for writing bad checks.
In 1984, the Legislative Yuan considered proposals which would
have permitted offenders to pay fines in lieu of going to
prison, a move which could have alleviated prison
overcrowding. However, action on the bill is unlikely in the
near term because of heightened concern about bad check
writing in the wake of the 10th Credit Cooperative banking
scandal in February 1985.
The security police-administered military prisons, 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 notify in writing the individual
and his designated relative or friend of the reason for his
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, at the judge's discretion, be released on bail.
Suspects are guaranteed the right to have a lawyer present
during the interrogation and investigation phases; in some
cases, windows and even closed circuit cameras have been
installed in police station interrogation rooms to permit
lawyers and family members to view the interrogation without
hearing the questioning. However, individuals arrested by the
security services do not have the right to legal counsel until
after they have been interrogated and formally indicted.
The 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 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
"anti-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 may range from 1 to 5 years. Detainees
can be held incommunicado, and their families need not be
notified of their arrests. Some critics believe that the law
may be used to repress dissent, though to date there is no
evidence to suggest that the law is being applied in this
manner .
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. This law sometimes has been used
against political activists. 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 1985 the courts upheld plaintiffs' libel charges against
opposition magazine publishers and senior editors. The
defendants contend that both the lawsuits and the verdicts are
politically inspired.
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. The authorities state that the military
courts' swifter and generally more severe justice acts as a
deterrent to potential criminals. Sentences meted out in the
military courts are reviewed only within the Ministry of
National Defense.
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 are generally 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 the 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. Over one-half of all eligible
cases are appealed and reviewed.
The authorities deny holding political prisoners. Exact
figures on the number of political prisoners are not
obtainable; estimates by critics of the regime range from 130
to 256. 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 March 1985, Ms. Lu Hsiu-lien, and in December 1985, Mr. Lin
Hung-hsuan, two of eight persons convicted of sedition in 1980
for their part in the 1979 Kaohsiung Human Rights Day rally,
were released on medical parole. One of the five persons
still serving a sentence for his part in the rally, Shih
Ming-teh, in April 1985 launched a hunger strike to protest
the authorities' policies and to support his demands for
implementation of democracy on Taiwan. As Shih's condition
weakened, the authorities transferred him to a military
hospital where he was fed intravenously. Shih ended his fast
on September 1 and was moved to a prison in the Taipei area.
Conditions for most of the remaining Kaohsiung Incident
prisoners reportedly have improved over the years, according
to relatives. Relatives complain, however, that the prisoners
continue to be denied access to regular work programs and
recreational activities. They also charge that health care is
inadequate. 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. A key prosecution
witness in the 1980 trial of the eight Kaohsiung prisoners
revealed in a book published in July 1985 and banned in Taiwan
that his testimony was a fabrication of the Investigative
Bureau of the Ministry of Justice. The witness. Hung
Chih-liang, disclosed that Investigative Bureau agents forced
him to implicate opposition leader Huang Hsin-chieh and other
members of the opposition. The authorities have so far
refused either to review the case of the "Kaohsiung Eight" or
to release those Kaohsiung prisoners still in prison, despite
these charges.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The daily life of an individual 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 on
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 is not common
practice on Taiwan but does occur on occasion. 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 substantially increased following
the July 1982 revision of the Code to provide for warrantless
arrests under certain circumstances. When making such
arrests, police may also 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 that they monitor telephone conversations.
In July 1982 the authorities instituted "selective postal
checks" to intercept parcel bombs and illegal correspondence
from the PRC.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
The Constitution guarantees freedom of speech and press.
Current martial law restrictions, however, significantly limit
these rights.
Critics maintain that the security authorities monitor
political expression, both in Taiwan and overseas.
Individuals 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. Anyone who speaks favorably of
Communism or the PRC, or questions 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. In 1985, the ruling KMT circumscribed the role of KMT
legislators, particularly in interpellation sessions of the
Legislative Yuan, reportedly instructing them to refrain from
going beyond the area of inquiry when posing questions or
expressing their own ideas in speeches or in their writing.
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 political activities of such persons residing in
the United States are systematically monitored. As noted in
Section l.a., several persons, including three senior military
intelligence officials, have been convicted for their
involvement in the California murder of Henry Liu, a U.S.
citizen journalist of Chinese origin whose writings had often
been critical of Taiwan's leadership and KMT governance of
Taiwan.
On September 17, 1985 the authorities arrested U.S. permanent
resident and California Chinese-language newspaper publisher
Lee Ya-ping, who was visiting Taiwan, on charges of sedition
for publishing what the authorities claimed were views
favorable to the PRC. Following a U.S. protest, the
authorities announced that the charges against Lee stemmed
from her propagating such views in Taiwan, not in the U.S.
On September 26 a military court concluded its investigation
and sentenced Lee to a period of guided probation under the
terms of which she was released to the custody of her family.
Lee returned to California in October.
The number of newspaper licenses is limited to 31. Nearly all
are owned by the authorities, the KMT, or high KMT officials.
There are, however, several smaller privately-owned and
independent newspapers. Control over daily newspapers is
often exercised indirectly, through guidance from the
authorities' information office and the KMT. Newspapers have
gradually expanded their coverage of sensitive subjects, such
as news from the PRC and controversial views of U.S. citizens
of Chinese origin.
Censorship of publications is carried out through provisions
of the publications law, which empowers the security police to
seize or ban printed material which "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. In
1985 the independent newspaper Min Chung Jih Pao was suspended
for 1 week for what the authorities considered to be articles
favorable to the PRC .
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 have sometimes been willing to run risks in order
to test the limits and boost sales. In 1985, the financial
rewards associated with brisk sales before the authorities
could confiscate all issues declined as the authorities'
stepped-up monitoring of both printers and newsstands resulted
in full, or large-scale, confiscation of banned magazines.
By the beginning of 1985, there were 10 non-KMT weekly
magazines and 1 monthly public opinion magazine. During the
year, most issues of these magazines were banned. The
authorities argue that the issues distorted facts and sullied
the reputation of leading figures. Some magazines were
suspended for 1 year but by changing the name slightly were
able to publish under other previously-issued licenses.
Between June and September five magazines suspended
publication because confiscations resulted in circulation
losses and financial problems. Also in 1985, publishers of
several non-KMT magazines were sued for libel. The defendants
argued that the suits and the court judgments against them
were politically motivated. A document allegedly leaked by a
Government Information Office employee 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 writing
of pre-World War II Chinese pro-Communist 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. Nonetheless, competition among
them, as well as competition with the print media, has led to
a gradual expansion of the coverage of sensitive topics, both
domestic and international. Public opinion has also played a
role in expanding media coverage.
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.
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.
The formation, purposes, and operation of labor unions are
regulated in considerable detail by the Labor Union Law of
1929. Unions are supervised by the Ministry of Interior, and
may be dissolved for "disturbing public peace and order." By
law, an industrial or craft union must be formed in each
county or municipality having more than 30 workers in an
industry, enterprise, or profession. The law also mandates
union membership for all workers age 16 and above in each
county or municipality where an appropriate union exists.
However, enforcement of the law is lax, and, according to a
1985 report, fewer than one in five Taiwan workers belongs to
a union. Government employees, teachers, and defense industry
workers are prohibited from forming or joining unions.
By and large, labor unions do not exercise significant
economic or political influence. However, informed observers
have stated that union officials serving in the Legislative
Yuan played an important role in negotiating the difficult
August 1984 passage of the Labor Standards Law.
Walkouts and strikes are prohibited under martial law.
Collective bargaining, although provided for by legislation,
does not in fact take place. Individual factory unions do,
however, facilitate the resolution of disputes. It is
generally believed that labor unions, especially general
federations, have close ties with the ruling KMT. However,
KMT control is not absolute; for example, the Chinese
Federation of Labor (CFL) is on record as being critical of
the ban on strikes. The CFL, Taiwan's largest federation,
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 state or favored
religion. Some marginal Buddhist sects and the Unification
Church have been banned in response to parents' complaints
that these groups were exercising a corrupting influence on
Taiwan youth.
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 190,000 membership is predominantly
Taiwanese, has been a prime target. An October 1985 statement
issued at the conclusion of an interchurch consultation
convened by the PCT, and attended by foreign delegations from
Christian churches, confirmed support for earlier PCT
statements critical of the authorities' policies on national
affairs and human rights. The statement also expressed the
PCT ' s concern over "the difficulties facing the original
residents of Taiwan" and appealed for a joint effort to
protect their dignity and human rights.
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
1985 county authorities continued to harass church officials
and followers who were evicted from the tract and to press
charges against them, leading to further accusations by the
church of religious persecution. County authorities contend
that the church violated the terms of the lease.
During 1985, the authorities announced plans to resubmit a
revised draft of the "Law for the Protection of Religions" as
part of the fiscal 1986 legislative program. This would mark
the fourth submission of the law since 1979. Each time,
strong opposition from all church groups on Taiwan induced the
authorities to withdraw the draft. Critics note that past
drafts give the authorities the right to review the
appointments of church officials, to ensure that religious
doctrines conform to "basic national policy," and to require
foreign religious missions to pledge not to engage in
nonreligious activities. The authorities argue that the law's
regulatory powers are necessary to ensure that religious
activities do not jeopardize Taiwan's "national security."
They have, however, declared that they will consult with
representatives of Taiwan's various religious denominations
before submitting the new draft for legislative approval.
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 in Taiwan. Emigration and private travel
abroad have become freer since 1979. In 1984, 750,000 Taiwan
residents went abroad for tourism. Since 1980 businessmen
have been permitted to travel to, and do business directly
with, certain Eastern European countries. Although travel to
the PRC is officially prohibited, the authorities often
overlook some discreet travel to the mainland. 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 KA5T 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,
Taiwan 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
claim 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. This, they argue,
places undue restriction on the opposition's right to travel
and to make its views known outside Taiwan. However, there
have been no reports of the law having been used in this way
during 1985. 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.
Under Taiwan's "Orderly Departure Family Reunification
Program," since 1977 more than 5,500 ethnic Chinese from
Indochina have been resettled on Taiwan and nearly 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. Ninety
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 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, 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 has been gradually
increasing, they do not 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. However, as representatives of the
majority population, 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 989 out of 2,691 seats of the
National Assembly are currently filled, including 75
supplemental members. Of the Legislative Yuan's current
membership of 760, the supplemental legislators number 71 and
constitute the most active group, due largely to the advanced
age and incapacity of those elected 37 years ago on the
mainland .
The nature of the elective bodies continued 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. In 1985 the
National Assembly did not endorse any proposals to fill the
vacancies. Leaving vacancies open increases the proportion
and influence of the elected supplemental members.
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. The November 16,
1985 election for county and city offices and the Taiwan
Provincial Assembly was, in general, considered fair, within
the strictures laid down by the authorities for the conduct of
elections on Taiwan. Universal suffrage exists for citizens
20 years of age and over. Voting is voluntary and by secret
ballot; voter turnout runs over 70 percent.
One party, the KMT, dominates Taiwan, as it has since 1945.
There are also two miniscule, 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, and 66
of the 71 elected supplemental members in the Legislative Yuan
are Taiwanese.
In the 1983 Legislative Yuan elections, the KMT won slightly
over two-thirds of the vote and 61 seats. The opposition and
independents won six and four seats respectively. 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.
New political parties are forbidden under martial law.
Candidates who oppose the KMT in elections run as "outside the
party" (dangwai) candidates. Although not permitted to form a
party, the dangwai politicians organize "campaign assistance
groups" to contest elections.
Dangwai candidates face several disadvantages in the election
process. The 1980 election law forbids the participation of
Students, formerly a prime source of campaign workers, and
limits the campaign period before an election, i.e., 15 days
for National Assembly and Legislative Yuan elections, and 10
days for local, county, and provincial elections. The revised
election and recall law enacted in June 1983 abolished joint
rallies and pre-campaign "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). Under
revised election procedures, electors (members of the
Provincial Assembly and various county and city councils) must
cast their two mandatory votes for two separate candidates,
thereby making it impossible for opposition members to pool
their limited votes behind one candidate.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In past years, the Taiwan authorities have occasionally
permitted representatives of international human rights
organizations and private individuals interested in human
rights issues to m.eet with appropriate officials and
individuals .
The nominally nongovernmental Chinese Human Rights
Association, a strongly anti-Communist organization that
originally focused its attention on human rights questions 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 1984, the
association strongly urged the authorities to release all
remaining prisoners at the Green Island Military Prison who
have served 30-year sentences. The association also acted as
one of the mediators in efforts to resolve the hunger strike
by Kaohsiung Incident prisoner Shih Ming-teh.
In December 1984 a group of opposition lawyers,
parliamentarians, scholars, 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.
In its 1985 Report, Amnesty International stated that it was
continuing to appeal for the release of 23 prisoners of
conscience, that it was investigating the cases of some 70
other political prisoners, and that it was concerned about
reports of torture and ill-treatment of several prisoners
detained on criminal charges. Freedom House rates Taiwan
"partly free. "
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
Taiwan's population in July 1985 was 19.1 million with a
growth rate of 1.4 percent. Taiwan has one of the strongest
economies in Asia. With the global economic downturn, growth
began to slow in 1985, but Taiwan's GNP ($3,067 per capita in
1984) was still projected to grow 5 percent in 1985. Economic
benefits are widely distributed among the population as a
whole, and most basic needs are met.
Prospects for Taiwan's continued economic well-being are good
as the authorities work to shift the focus of Taiwan's
export-based economy from labor-intensive to high-technology
industries. Official unemployment in 1984 averaged 2.4
percent. However, unemployment has been increasing in recent
months, and the official rate rose to 4 . 1 percent in August
1985. Some estimate that actual unemployment is about double
the official rate, and underemployment even higher.
Taiwan's fiscal 1985 budget allocated more than 30 percent of
expenditures to education, science, culture, and social
programs. Taiwan has developed an effective public health
program. It consists of a health clinic system throughout the
island that comprises more than 11,000 medical care
facilities. In 1984, for every 10,000 persons, Taiwan had 7.9
practicing physicians, 9.0 practicing nurses, and 32.5
hospital beds. Health promotion programs include maternal and
child disease control and environmental sanitation. The
infant mortality rate for 1985 was 19.9 per 1,000 live
births. Major epidemic disease has been reduced, although
limited outbreaks still occur. Safe water is accessible to
77.6 percent of the population. Because of these public
health programs and a generally good diet (1985 per capita
average daily caloric intake was 2,818, the highest in Asia),
life expectancy at birth has increased to 70 years for men and
75 years for women. Although successful birth control efforts
have brought the population growth rate down, Taiwan has a
population density of 528 per square kilometer, the second
highest in the world, and the authorities remain concerned
about increasing population pressures.
Education is a primary concern of the authorities and the
population in general. Of the population over age six, 91.2
percent is literate. Of school-age children, 99.8 percent are
currently in school. Free, compulsory education is available
through junior high school. About 70 percent of junior high
school graduates pass examinations and enter 3-year senior
high and vocational school programs. Entry into Taiwan's
extensive system of higher education is also based on
competitive examinations, and departures from a strict merit
system are almost nonexistent. In 1984, more than 17 percent
of college-age youths (18-24 years) were enrolled in
undergraduate or graduate programs.
The 1984 Labor Standards Law in principle provides for
improved protection of workers' welfare. According to the
Ministry of Interior, which is responsible for enforcing the
law, the law is applicable to about 4 million of Taiwan's 7.5
million workers, mostly blue-collar workers or those who work
in public utilities, transportation, and communications. The
1984 Law improved protection for female and child workers.
The definition of child worker was raised from a person under
14 years to one between the ages of 15 and 16, who can be
employed without special permission but for whom the law
requires special working conditions (the Labor Standards Law
prohibits the employment of anyone under age 15 unless that
person has graduated from junior high school or has obtained
special permission to work). Women generally earn 40-50
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 law also covers working
hours — Taiwan's workweek is generally 6 days, though many
companies only work a half day on Saturday — and requires
employers to give workers annual leave, although these
provisions have not yet been fully implemented. Taiwan's
official minimum wage was raised in July 1984 to $154 per
month.
Under the law, firms with more than 30 workers must have rules
of work approved by the central authorities and posted at the
work site. A major feature of the 1984 law is that now
individuals, not just corporations, can be punished for
violations. The same work rules apply to Taiwan's free trade
zones .
Enforcement of safety and health standards is frecjuently
weak. Over 95 percent of Taiwan's businesses are small,
family-owned firms which largely employ relatives and friends,
who are often reluctant to report violations of labor and
safety regulations. Much of Taiwan's mining industry is to be
phased out over the next several years due to inadequate
safety and low profitability, with displaced workers retrained
for other occupations.
The few laws which 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
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.
Taiwan's only nonethnic 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, and 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.
