Self-styled citizen reporter Hung Su-chu (洪素珠), who last week made discriminatory remarks against an elderly waishengren (外省人, Mainlander) — a term referring to people who fled to Taiwan with the Chinese Nationalist Party (KMT) in 1949 — has been criticized by all sectors of society.
Following the incident, KMT Chairwoman Hung Hsiu-chu (洪秀柱) instructed her party’s legislative caucus to introduce a bill to the Legislative Yuan that would ban ethnic discrimination.
Hung’s move has been welcomed by the Presidential Office, which says it is glad to see that the KMT is willing to deal directly with ethnic equality and similar issues.
It also said that “Chairwoman Hung and the KMT together support the introduction of transitional justice so that liberty, democracy, fairness and human rights can be thoroughly implemented in Taiwan.”
“As for the legal bill that Chairwoman Hung wants to introduce, the KMT is welcome to promptly propose concrete content for all sectors [of society] to discuss,” it added.
It seems legislation banning ethnic discrimination is about to be proposed and passed in short order.
However, does Taiwan not already have laws dealing with this issue?
The answer is: It does.
Article 62 of the Immigration Act (入出國及移民法) states: “Any person shall not discriminate against people residing in the Taiwan Area on the basis of nationality, race, color, class and place of birth. Any person whose rights are trespassed due to the discrimination mentioned in the preceding paragraph can file a complaint to the competent authorities on the basis of the situations of the trespass, unless the matter is regulated by other laws otherwise. The competent authorities shall enact regulations that govern items, requirements for filing a complaint mentioned in the preceding paragraph, complaint procedures and the composition of a review committee.”
Article 81 of the same law states: “When the competent authority receives a complaint set forth in Article 62 and believes that the matters violate such a provision, it shall notify the person who violates the law to take necessary corrective action within the time prescribed in the order. If after the lapse of such period, the person still does not take necessary corrective action, he/she/it shall be fined between NT$5,000 and NT$30,000.”
Based on Article 62, the Ministry of the Interior on June 4, 2008, promulgated Regulation for Petitions against Discrimination against People Residing in the Taiwan Area (居住臺灣地區之人民受歧視申訴辦法).
To effectively handle such petitions, the ministry also issued main points for the establishment of a petition review panel.
The panel has held at least a dozen meetings and perhaps thanks to my position as chairman of the Taipei Pearl S. Buck Foundation, I have been invited to serve as a member of the panel. In that capacity, I have participated in the handling of at least two cases dealing with potential discrimination involving immigrants.
In addition to current criminal legislation, it seems that there is already legislation in place to deal with cases of insults against veterans without writing a law to ban ethnic discrimination.
As to whether the text of Article 62 of the Immigration Act is sufficiently comprehensive or if it needs to be reviewed, that is an issue that it is open to further discussion.
Yu Ying-fu is the chairman of the Taipei Pearl S. Buck Foundation.
Translated by Perry Svensson
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