FEATURE: German man’s case shows immigration law failings

By Chris Wang  /  Staff reporter
Wed, Feb 05, 2014 - Page 3

When Daniel Helmdach arrived at Taiwan Taoyuan International Airport on March 8 last year, he was informed by National Immigration Agency (NIA) officials that he could not enter since he had been banned from entering Taiwan for three years in 2011 and was immediately sent back.

The ban, effective to July this year, prohibits the 22-year-old German from entering Taiwan — where he resided for a year in 2010 and 2011 as a volunteer for two non-profit organizations — and was given to him for participating in a peaceful anti-nuclear protest at Tainan Station on June 11, 2011.

According to immigration officials, Helmdach violated the Immigration Act (入出國及移民法) by engaging in “activities or employment that is different from the purposes of their visit or residence.”

Rights activists push for residency for foreign parents

By Chris Wang  /  Staff reporter

Immigrant rights advocates and a lawmaker yesterday called for changes to the Immigration Act (入出國移民法) to grant residency status to foreign nationals who have Taiwanese children.

Many foreign nationals are kept from living with their Taiwanese children and cannot apply for resident visas because of flaws in the system, Democratic Progressive Party (DPP) Legislator Yu Mei-nu (尤美女) and the Alliance for Human Rights Legislation for Immigrants and Migrants told a press conference.

Taiwan celebrates International Migrants Day

Taipei, Dec. 5 (CNA) The government pledged Sunday to protect the rights of migrants in the country and to promote cultural diversity, because Taiwan itself has always been a migrant country.

"From the days of Koxinga to 1949, when millions of people from China came here, to the present, when there are about 910,000 migrants in Taiwan, this place has always been a country of migrants, " Premier Wu Den-yih said at the opening ceremony of the International Migrants Day Carnival that was held in the National Chiang Kai-shek Memorial Hall plaza.

The carnival wrapped up a series of events organized by the National Immigration Agency (NIA) to celebrate International Migrants Day Dec. 18, which was appointed in 2000 by the United Nations General Assembly to take into account the large and increasing number of migrants around the world.

The migrant population in Taiwan consists mainly of foreign spouses, of whom a large number come from Southeast Asian countries and China, and foreign workers, most of whom came from Indonesia, Vietnam, Thailand and the Philippines.

"Being a stranger in a country one hardly understands can be frightening, " Interior Minister Jiang Yi-huah said, adding that "this is why new migrants in Taiwan need as much help as physically handicapped or under-privileged people."

In the past, the biggest challenges for migrants were the language barrier and adapting to a different culture and society, said Hsieh Li-kung, NIA director-general.

Thanks to the help and assistance of hundreds of local non-government organizations (NGOs) and local government agencies, those issues have become of less concern, he said.

With one in six marriages being transnational and one in eight babies born to families in which one spouse is a migrant, Hsieh said, the new challenges for Taiwan in the future will be creating jobs for migrants and providing help to children of migrant families in terms of education and development.

Citing the example of 12-year-old Penny Hsieh, who won the national women's tennis title in the age-12 group and whose mother is originally from Cambodia, the director-general said his agency has helped Hsieh to secure local sponsorship to cover her training expenses.

Hsieh, who comes from the central county of Changhua, attended the carnival, which had more than 100 booths, including food stands and stalls run by local government agencies and NGOs to promote awareness of cultural diversity.

Foreign representatives from the Marshall Islands, Peru, Haiti, The Gambia and the Philippines also attended the event. (By Chris Wang) ENDITEM/J

U.S. envoy lauds Taiwan's anti-trafficking efforts

Taipei, Nov. 22 (CNA) A visiting anti-trafficking envoy of the United States on Monday lauded Taiwan's efforts in combating modern slavery and called for intensified prosecutions of traffickers in the future.

Taiwan's achievement could be seen in its being the only Asian country to move into Tier 1 -- the highest rank -- in the U.S. Department of State's 2010 Trafficking in Persons report, said Luis CdeBaca, ambassador-at-large of the U.S. Office to Monitor and Combat Trafficking in Persons, at a press roundtable.

The ambassador, in Taiwan for a five-day visit, met Premier Wu Den-yih Monday morning before attending the press briefing organized by the American Institute in Taiwan (AIT) , the U.S. representative office in Taiwan in the absence of official diplomatic ties.

He said the authorities of Taiwan, a destination, source and transit territory for men, women and children subjected to forced prostitution and forced labor, have fully complied with the minimum standards for the elimination of trafficking.

The most unique part in Taiwan's efforts is its victim protection approach over the past few years, most notably providing victims with work permits and allowing them to earn income while waiting to testify in cases against their traffickers or to be deported, CdeBaca said.

In some Asian countries, most victims were "locked up" in shelters or detention centers.

"That makes Taiwan stand very tall in the region as far as its compassion and pragmatic treatment (of trafficking victims) , " he said.

He also praised Taiwan for training law enforcement and labor officials on victim identification and protection and working with nongovernmental organizations (NGOs).

He called on Taiwanese officials, however, to "continue to intensify their prosecution efforts" and to extend labor protection to all categories of workers. He also cited victim identification as a challenge in Taiwan.

Asked if Taiwan's lack of official diplomatic ties with source countries, including Indonesia, Thailand, Vietnam and the Philippines, could hamper its efforts, CdeBaca said that in bilateral agreements between those countries and destination countries, some labor protection provisions were built in to ensure foreign workers' rights, such as guaranteeing a minimum wage and a day off per week.

The ambassador did not believe, however, that the lack of diplomatic ties made Taiwan a favored country for traffickers, citing instead Taiwan's "vibrant economy and vibrant opportunities."

With regards to the possible impact of decriminalizing prostitution on human trafficking, he said the legalization of indoor prostitution in the U.S. did "create a zone of impunity in which traffickers can operate and law enforcement cannot go, " and some of the concerns could also apply in Taiwan.

After being ranked as a Tier 2 country from 2007-2009 in the annual Trafficking in Persons report, Taiwan regained Tier 1 status this year, which it enjoyed from 2001-2004.

Taiwan was rated Tier 2 in 2005 and was put on the Tier 2-Watch List in 2006, its lowest rank in the past decade. (By Chris Wang) enditem/ls

Four of six dead Indonesian workers identified

Taipei, Oct. 2 (CNA) Four out of six Indonesian workers killed in a freeway construction collapse have been identified and officials have been working round the clock to identify the other two, an immigration official said Saturday.

Seven workers, including the six Indonesians, were killed and two others were injured after a sprawling network of scaffolding at a construction site for a No. 6 Freeway exit ramp collapsed Sept. 30.

As of Saturday, the four identified workers were 29-year-old Sutarji, 24-year-old Sunaryo, 31-year-old Suprapto and 20-year-old Sirmanto, according to Chang Chi, deputy director-general of the National Immigration Agency (NIA).

According to the NIA, the six workers were all undocumented migrant workers who had fled their previous employers and had overstayed their visas for up to three years.

The agency was working closely with the Indonesian Economic and Trade Office in Taipei -- Indonesia's representative office in Taiwan -- and the Ministry of Foreign Affairs to help the families of the dead workers to get to Taiwan as soon as possible, Chang said.

The accident has brought up widespread social ramifications, with Premier Wu Den-yih pledging to enforce a crackdown on undocumented foreign workers and domestic employers and contractors who illegally hire migrant workers.

Wu has also instructed the Council of Labor Affairs (CLA) to uphold the human rights of the dead workers and to provide their families with as much assistance as possible.

There were 151,723 Indonesian workers in Taiwan as of the end of August, according to figures from the Bureau of Employment and Vocational Training under the CLA. The number accounted for more than 40 percent of the 372,146 migrant workers in Taiwan at that time. (By Chris Wang) ENDITEM/J

Indonesian office awaiting identification of dead workers

Taipei, Oct. 1 (CNA) Indonesia's representative office in Taiwan has not begun to handle the deaths of six Indonesian migrant workers killed in a construction site accident Thursday as it has yet to be informed of their identity, an official with the office said Friday.

Seven workers, including six who were reportedly Indonesian, were killed and two others were injured after a sprawling network of scaffolding at a construction site for a No. 6 Freeway exit ramp collapsed early Thursday afternoon.

The No. 6 Freeway, which connects Caotun to Puli in central Taiwan, saves travel time to the popular tourist areas of Sun Moon Lake and Cingjing Farm.

"We've been in contact with labor affairs authorities since the accident happened, but we're still waiting for the final identification report from the police department to proceed with subsequent procedures, " said Amina Tjandra, a member of the Indonesian Economic and Trade Office to Taipei's Labor Department.

The six migrant workers were reportedly illegally hired by contractors.

Tjandra said she has no information about the six workers.

"If the media report is correct, they could be undocumented workers who legally entered Taiwan but left their previous job, " she said.

There were 151,723 Indonesian workers in Taiwan as of the end of August, according to figures from the Bureau of Employment and Vocational Training under the council. The number accounts for more than 40 percent of the 372,146 migrant workers in Taiwan at the time.

Just over 85 percent of Indonesian workers -- 129,046 out of 151,723 -- were working in Taiwan in August as caregivers, while less than 1 percent were employed in the construction industry, the figures showed. (By Chris Wang) enditem/ls

Online game helps Taiwan locate overseas football talent

Taipei, June 9 (CNA) Playing online games isn't necessarily a waste of time. Without it, Taiwan's Chinese Taipei Football Association (CTFA) wouldn't have found Xavier Chen, a Taiwanese-Belgian professional footballer who the association hopes will play for Taiwan internationally.

Ginola Chen, CTFA public relations director, found the name "Xavier Chen" when he was playing an online FIFA football game last October and thought it was probably a "patch" or a role created by gamers.

But it only took a Google search for him to realize he was wrong. The real-life Xavier Chen is a 26-year-old right back in KV Mechelen, a Belgian First Division team in Antwerp Province, who had been a captain on the Belgian under-19 national team.

After weeks of e-mail correspondence with the footballer, Ginola Chen knew the recruiting opportunity was too good to miss for Taiwan, currently ranked 167th in the FIFA world rankings. He flew to Brussels, Belgium and spent a week trying to persuade the Taiwanese-Belgian, who has a Taiwanese father and a French mother, to play for Taiwan.

"That's the beauty of the Internet -- a modern way to find players, isn't it? " Xavier Chen said in Taipei Tuesday when he was greeted at the Taipei Stadium by dozens of television cameras and reporters.

In his first trip to Taiwan in 15 years, Xavier Chen plans to meet his grandfather, a former Taiwan diplomat, and to get to know Taiwan better, Ginola Chen said. "We're not trying to force him into making any decision, " he added.

Xavier Chen said that while his family still keeps some Taiwanese traditions -- mostly foods, especially the mapo tofu his mother cooks -- his knowledge of Taiwan and Mandarin has been limited because his father insisted on full integration into Belgian culture.

He said that he hasn't made any decision on joining the Taiwanese national team, but Taiwan "is my father's country -- and mine as well -- which has a special part in my heart. I think my family will be glad if I choose to play for Taiwan, " he said.

China, which claims Taiwan as part of its territory, also made a run to recruit Chen in April, three months after CTFA contacted him. Chen said he was open to meet with anyone to "check every opportunity" and that Taiwan was definitely one of the options.

A report on a Chinese media Web site in April, however, said that because Beijing does not accept dual citizenship, Chen would have to relinquish his Belgian citizenship to represent China. Taiwan allows dual citizenship.

"It's a dream for every player to play for a national team, " he said, adding that at 26, the window of opportunity for him to earn a place on the Belgian national team is closing fast and that was why he wanted to keep his options open.

For Chen to play on the Taiwan squad, the CTFA will have to negotiate with Chen's club in Belgium. Insurance and travel between Europe and Taiwan during the European football season will have to be taken into consideration, Ginola Chen said.

Xavier Chen, who reportedly earns 700,000 euros (NT$27 million) annually with Mechelen, is unlikely to play regularly in Taiwan, where football is a minor sport and the domestic league is weak.

"It's a shame because football is popular in the world. I don't know why it couldn't be popular in Taiwan, " Xavier Chen said.

If he were to agree to play for Taiwan, it is likely his first games would be Asian Cup qualifiers next year.

Chen is scheduled to fly back to Belgium Saturday, which means he will watch the opening game of the South Africa World Cup Friday in Taipei. The University of Brussels law school graduate said his favorite player is French winger Franck Ribery and hopes France does well in South Africa.

This is not the first foreign-born Taiwanese player the CTFA has tried to recruit. The association has also been in contact with Taiwanese-Spanish player Victor Chou, an 18-year-old defender who plays for the youth team of UD Salamanca. To date, however, a foreign-born player has never represented Taiwan on the national team. (By Chris Wang) enditem/bc

Abuse case shows lack of knowledge of Muslim culture: Arab officials

Taipei, May 22 (CNA) A recent scandal in which a Taiwanese employer forced Muslim workers to eat pork exposed a lack of knowledge of Islam in Taiwan and could harm Taiwan's international image, representatives from the Middle East said in Taipei Saturday.

While most of them accepted that it was an individual case, the diplomats urged the government to take notice of the severity of the incident, which has drawn international criticism and a protest by labor activists and migrant workers May 16 to demand respect for religious freedom.

"It shows that the Middle East is misunderstood here. And it is an opportunity for Taiwan to learn more about Muslim culture, " said Sulaiwan Al-Mughairy, Director of the Commercial Office of the Sultanate of Oman-Taiwan, on the sidelines of a Middle Eastern Culture Exhibition organized by the Ministry of Foreign Affairs (MOFA) and representative offices of various Middle Eastern countries.

He said he had learned of many cases in which Muslims are prohibited from praying five times a day and observing Ramadan -- the Islamic month of fasting -- and that such employers should be punished severely.

Muzaffer Eroktem, representative of the Turkish Trade Office, said the incident was an individual case but emphasized that all religions should be respected.

Taiwan has good reasons to know more about the Middle East, as there are 60,000 Muslims in Taiwan and bilateral trade between Taiwan and the region in the first half of the 2009 reached US$27.1 billion, Deputy Minister of Foreign Affairs Javier Hou said, adding that 83 percent of Taiwan's oil imports come from the region.

Hou admitted that Taiwan's understanding of the Middle East is limited, which is why the cultural exhibition will also be held in the central city of Changhua May 29-30 and in Pingtung City, southern Taiwan, June 5-6.

Representatives from Jordan and Saudi Arabia also attended the exhibition, which showcased food, artifacts, paintings, clothing and travel information relating to the Middle East. (By Chris Wang) ENDITEM/J

Climate refugees an issue for Taiwan

Taipei, March 25 (CNA) The term "climate refugees" became a much talked about issue when it was raised in Taiwan recently following massive damage and loss of life resulting from natural disasters, as well as in President Ma Ying-jeou's ongoing trip to Taiwan's six South Pacific allies.

Discussions about the possible climate refugee phenomenon increased after Typhoon Morakot devastated parts of southern Taiwan last August.

This is partly why a locally produced global warming documentary titled "Plus or Minus Two Degrees Celsius, " inspired by the 2006 documentary "An Inconvenient Truth" produced by former U.S. Vice President Al Gore, attracted attention and sparkled public debate over its prediction of an apocalyptic future for Taiwan.

According to the film, the people of Taiwan will be among the first climate refugees -- or "environmentally induced migration" as some prefer to call it -- if the environmental situation keeps deteriorating and protection measures are not immediately put in place.

The Environmental Justice Foundation (EJF) , an advocacy organization, claimed in a 2009 report that nearly 10 percent of the world's population is at risk from displacement by climate change. Around 26 million have already had to move, a figure that the EJF predicts could have grown to 150 million by 2050.

The impact of climate change became one of the key themes during Ma's South Pacific trip. He talked about helping Taiwan's allies to fight climate change and rising sea levels. For Kiribati and Tuvalu, global warming is a life-threatening disaster because it is causing rising sea levels that could eventually submerge their homelands, according to some scientists.

"We will help seek possible solutions to the global warming that is causing rising sea levels that could eventually submerge Kiribati, " Ma said during a meeting with Kiribati President Anote Tong.

He also noted that according to research, ancestors of the Austronesian people now living in the South Pacific emigrated from Taiwan some 3,000 years ago.

"We will probably return to Taiwan someday, " Tong responded.

Benjamin T.H. Ho, Taiwan's ambassador to Kiribati, said in a recent interview with CNA that the Kiribati government has devised a plan for "relocation of the whole country" in the event of a disaster and has also been lobbying for more international aid for its life-and-death battle against global warming.

According to the ambassador, Kiribati was exploring whether any country in the world would be willing to provide land or an island to accommodate its total population of about 100,000.

Ho said the plan does not seem feasible. Although Australia and New Zealand are willing to accept immigrants from Kiribati, they would not do so without any prerequisites.

Ho said that in his view, apart from offering vocational training, Taiwan could play a more active role in Kiribati's relocation plan by opening its doors to workers from there.

The ambassador said he had already discussed the proposal with the Council of Labor Affairs and that the plan is likely be implemented if the Kiribati government is willing to set up a fund to offer low-interest loans for prospective Kiribati workers to travel to Taiwan. The travel cost is about US$300 per person, which Ho said could be repaid through phased deductions from the workers' wages.

While Tuvalu also faces the threat of rising sea levels, its government has not been as active as Kiribati's in seeking national relocation. "The Tuvalu government is reluctant to talk about national relocation because it fears its people will panic, " according to James C.K. Tien, Taiwan's ambassador to Tuvalu.

Asked about the possibility of Taiwan accepting climate refugees, Ger Baushuan, deputy secretary-general of the Department of East Asian and Pacific Affairs under the Ministry of Foreign Affairs (MOFA) , said the ministry has not heard of anything related to the issue and has no such plans.

Ger pointed out that these South Pacific countries traditionally maintain closer relationships with Australia and New Zealand because of proximity, history and culture.

The New Zealand Foreign Ministry states on its website that its immigration policy does allow for a limited number of people from Pacific countries including Fiji, Samoa, Tonga, Kiribati and Tuvalu to gain residency in New Zealand. (By Chris Wang) ENDITEM/J

Language learning programs NIA's primary initiative in 2008

Taipei, Dec. 29 (CNA) Subsidization for language learning programs in various localities will be the primary initiative for the National Immigration Agency (NIA) , as the language barrier is the most important factor marring communication between new immigrants and Taiwanese, an NIA official said Saturday.

An annual fund of NT$300 million has been allocated and placed under the administration of the NIA, to which local governments can apply for establishing language learning programs to help new immigrants learn Mandarin and Taiwanese, said NIA Director Wu Cheng-chi.

The Ministry of the Interior (MOI) established the Foreign Spouse Care and Counseling Fund in 2005 with a total budget of NT$3 billion over a 10-year period, Wu said on the sidelines of a seminar discussing care for new immigrants.

The language issue is the biggest challenge for foreign spouses and workers in Taiwan, said Wen Chih-yi, director of a film titled "Nyonya's Taste of Life, which tells the stories of two female Indonesian caretakers and a Thai worker in Taiwan.

"Once we get to understand and befriend them, we will realize that they are no different to us. Most of the cultural differences and misunderstandings come from the language barrier, " she said.

Another important initiative for the coming year will be after-school tutoring for the children of immigrant families because some foreign spouses have difficulties counseling their children, Wu said, adding that this also originates from the language barrier.

Wu denied that the welfare of spouses from China has been ignored by the authorities, saying that the biggest problem for Chinese spouses is obtaining citizenship. Because of "national security issues, " it takes Chinese immigrants eight years to get citizenship, he said.

The NIA will also devote efforts in 2008 to catching runaway foreign workers.

"Unfortunately, runaway workers are a serious problem and we are too short-handed to track all of them, " he said.