On the issue of betel nut consumption, a battle erupted last week between the director of the Taipei City Government's Bureau of Labor Affairs, Cheng Tsun-chi (
From a rational viewpoint, it is true that one can easily get oral cancer from chewing betel nuts. It is also true that planting betel nuts can disrupt soil and water conservation efforts. These are facts. Yet the Taipei City Government's new prohibition on chewing betel nuts in public is based on "hygiene management." By doing this, it has raised questions over consideration of the rule of law and human rights.
Central government regulations stipulate that matters which relate to the rights and obligations of the people should be set by law. For example, the law which prohibits smoking in public comes under the Tobacco Hazards Act. Likewise, the requirement for motorcyclists to wear helmets is based on regulations for traffic control.
Yeh used the latter case as an example, emphasizing that the management of betel nut use is just the same as the enforcement of wearing helmets, in that it has the intention of protecting people from harm. However, the policy which relates to wearing helmets is clearly defined under the law, whereas, if we take a close look, we cannot find the regulation which outlaws betel-nut chewing in public. The Taipei City Government's draft Guidelines for the Hygienic Management of Betel Nuts has no legal status or legal authorization, yet it directly restricts people's freedom; thus, it is an infringement of human rights.
Moreover, Yeh pointed out that the prohibition of "defecation and urination in public places" is not equivalent to prohibition of all defecation and urination, to explain that the government is not imposing a blanket prohibition on betel-nut chewing. The enforcement of limits on places to defecate or urinate is to maintain environmental hygiene; similarly, the emphasis on hygiene management of betel-nut use should be laid on banning the spitting of betel-nut juice on the ground, rather than on setting restrictions on betel-nut chewing in specific places. But by this very same argument, surely those who willfully spit betel nut juice on the ground should be fined in accordance with the Waste Disposal Act.
Indeed, the occurrence of red betel-nut juice all over Taiwan's streets is due to a lack of law enforcement, not a lack of laws. From last year to September this year, the Taipei Municipal Government's Public Health Inspection Team made arrests or fines in only 546 cases for the spitting of betel-nut juice, which proves the inefficiency of the law's enforcement. Given this, even if the new Guidelines are carried out in practice, they won't act as much of a deterrent.
What seems even more outrageous is the establishment of "betel-nut chewing areas." After all, unlike cigarettes, there are no "second-hand problems." So what's the use of segregating people who chew betel-nuts?
Whether we are looking from the viewpoint of law and order or from that of management, at the present stage sufficient grounds do not exist to ban the chewing of betel-nuts in public.
Instead of provoking a public backlash for no reason, wouldn't it be better if such a topic became open to all circles of society for discussion before making a policy decision? If the decision is to ban the practice, it should be taken by the Central Government, so that it can be implemented across the island. Otherwise, if it is carried out only under the authority of the Taipei City Government and fails, it will be a general setback for betel-nut management policy.
Shen Fu-hsiung is a DPP legislator.
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