Is the Ministry of the Interior's decision to bar Yoshinori Kobayashi (小林善紀) -- author of the controversial Japanese comic book On Taiwan (台灣論) -- from entering Taiwan a violation of human rights? Does the government have to grant permission to all foreigners who wish to visit the island? Is the government really "backtracking on democratic politics" (開民主政治的倒車) and violating human rights by making the decision? Does the government have the obligation or the capacity to protect the human rights of all local residents, both the ROC nationals and foreigners, who obey the law and pay taxes here? Does this obligation extend to cover nationals who do not even reside in Taiwan?
In fact, the UN has never requested its member countries to issue visas to all foreigners -- just as we don't necessarily have to allow all visitors who ring the doorbell to come into our houses. Whether or not Kobayashi really loves Taiwan as he claims, his status as a "foreigner" to Taiwan is unquestionable. The interior ministry had called a review committee, consisting of representatives from relevant government agencies, to decide on whether Kobayashi should be barred from entering the country under Article 17 of the Immigration Law (
Take the US for example. The US frequently imposes economic sanctions on other nations to compel them into improving their human rights conditions. However, even the US government has a criteria upon which decisions on the issueing of entry visas to foreigners are based. Like all other foreigners, Taiwanese intending to enter the US for travel or study must first be interviewed by the American Institute in Taiwan (AIT, 美國在台協會). There is no guarantee that everyone who presents all the requisite documents such as financial statements will receive an entry visa. Meanwhile, no explanation is offered when visa denials are made by the US government. Many people have mistakenly thought that the US government, the supposed defender of human rights, would treat everyone equally with no discrimination whatsoever. That is not the case. Based on the considerations regarding social order and national interests, the US government clearly specifies on its visa application form that no Nazi party member is welcome in the nation. The government also frequently denies foreigners' visa applications or even expels foreigners who might threaten its national interests.
The ban on Kobayashi's entry was a decision made by government agencies through a legal procedure. If a re-evaluation is necessary, it must be done in line with the legal procedure as well. Kobayashi has to request a re-evaluation of the decision. Kobayashi's statement about his love for Taiwan does not automatically qualify him for entry. Otherwise, why were former president Lee Teng-hui's (李登輝) visa applications repeatedly refused by the Japanese government. Why don't King, Huang Erh-hsuan and Lee Sheng-hsiung hold a press conference to demand an apology by the Japanese government for that refusal?
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