Showing posts with label foreign_workers. Show all posts
Showing posts with label foreign_workers. Show all posts

Sunday, November 5, 2017

So are we Garbage Foreigners or not?

IMG_8178
Yeah, Taiwanese government. Don't just throw us anywhere. God is watching. 

A few days ago, the Legislative Yuan passed the Act Governing Recruitment and Employment of Foreign Professionals (外國專業人才延攬及雇用法), something the long-term expat community has been talking about for awhile. In theory, the Act gives out lots of benefits to all foreign professionals. In practice, who gets what is less clear.

I'm only writing about it now because it became clear early on that news coverage of its passage was perhaps a more interesting angle to consider than simply providing another analysis of the act itself.

I'll start with the one article I have little criticism of: a News Lens piece on the limbo many foreign artists in Taiwan find themselves in, as the visa laws don't appropriately cover them. This piece correctly notes that the new law makes it easier to apply for a visa independently - as most foreign artists do not have a single employer and may not have an "employer" at all - and also that the new regulations may not include those who arrive for the purposes of unpaid art exchanges.

I'll also get this point out of the way: this Act covers foreign professionals, who are a minority of all foreigners in Taiwan. The majority are migrant workers - mostly laborers from Southeast Asia - will not see any change or any respite in their uphill battle for fairer immigration policy and more protections guaranteeing better treatment while they are here. This is not right.

Regarding all other issues, for those who are interested, you can read an English version of the full Act here (Google Drive), and a Chinese version here (the English version should also be available for download on that site). I do recommend that you do so.

Notably, the Act continues the tendency to differentiate foreign professionals into Foreign Special Professionals (special Lords and Ladies "who possess special expertise needed by the State in science and technology, the economy, education, the arts, sports and other fields "as announced by the relevant central competent authority" which means little except that the government has to designate you as such - this seems to mostly cover old missionaries), Foreign Senior Professionals ("senior professionals needed by the State...as specified in the Immigration Act") and Foreign Professionals (or, essentially, Garbage Foreigners - good enough to get a professional visa to come here, but not good enough to qualify for any other benefits fair-minded immigration policy because they are not really wanted or not really considered 'professionals' despite the visa). Don't think I'm dumping on Garbage Foreigners - despite all of my relevant qualifications, experience and expertise, I am one too.

However, it is not clear to what extent the differentiation will matter in implementation. This is where the coverage of the Act's passage becomes relevant. If you read the Act itself, most of the benefits will be applicable to all classes of foreign professionals - different articles cover each class, but all are covered in most cases.

What this means is that permanent residents like Brendan and I will be eligible for the labor pension scheme, and should I get a university job I'll be eligible for that pension scheme just as a local would. This is brilliant, and something sorely needed. The money isn't much, but it's something, and it's simply the fair and right thing to do.

The Act also stipulates that dependents of permanent residents will be able to apply for permanent residence as well. This is great news for a few friends of mine, notably at least one whose spouse would benefit greatly from being able to apply for permanent residence. This doesn't affect me as I have no dependents and Brendan is now officially a permanent resident as well, but it does affect people I know and care about.

However, the News Lens article on the Act terrified a number of us in the foreign community, noting:

As for “senior” professionals, or those whose spouses, minor children and disabled children may apply for permanent residency along with the worker, not to mention qualify for certain tax benefits, they are likely to be defined as those with a minimum monthly salary of at least NT$160,000 (US$5,300). Again, regulations and letters of interpretation will be issued to defined this as part of the Executive Yuan’s implementation phase.



This language is not in the Act itself, which only refers to "foreign professionals" (as well as Foreign Special Professionals and Foreign Senior Professionals). It caused quite a stir, and even led to accusations of inaccurate or lazy reporting and "spreading false information", but if you read that paragraph carefully, it is clearly speculation regarding how the Act will be implemented. 
The Act's language does differ between Foreign Special Professionals and the rest of us trash, where our dependents have a 5-year residency requirement that is not present in the article pertaining to Foreign Special Professionals. This has led some people to believe that for we regular trashcan dwellers, dependents must wait an additional five years to be covered. However, it's not clear that those five years must take place after the original applicant receives their APRC. It could well be that dependents of Better Superior Super Awesome foreigners can apply even if they don't have 5 years' residency (say, if they joined the working parent/spouse later), whereas we regular roaches don't get this benefit. I'm going to look for clarification on this.

That said, we should all be on guard regarding implementation, as it is possible for extra layers of regulation and further requirements to qualify may be added at that time. 

In fact, I reached out to the News Lens for clarification on where speculation that this requirement would be added came from, and received a timely and useful reply (thanks, News Lens!). The speculative ideas here came from this source.

I suspect, reading through that source, that it's not that those eligible to have their dependents apply for APRCs that will be constrained by the $160,000NT/month income requirement, but merely one definition of what constitutes a "foreign special professional". 

As dependents of foreign professionals (not just Foreign Special Professional Wonderful Lords and Ladies) will be allowed to apply for APRCs, what is defined as a "foreign special professional" doesn't seem to actually apply for this specific purpose. 

So, for now, we can relax. 

It is very important that we stay on our guard to ensure that requirements for dependent APRCs are not regulated to only apply to some foreigners for one simple reason - and I am highlighting this paragraph because it is probably the most important thing I'll say in the entire post: 

It is not fair to discriminate against the children and spouses of some long-term professionals simply because the breadwinner who holds the visa allowing them all to stay is not the "right kind" of foreigner. It is not right to tell the children of comfortable or moderately prosperous foreign teachers that, because their mother or father is not rich enough, or because he or she is a teacher rather than, say, an engineer, that they do not deserve permanent residency in the only country they have ever known or called home. "Sorry kids, I know you were born and raised here and one of your native languages is Mandarin, but your Mom went into the noble profession of education instead of being a highly-paid businessperson, so when you turn 20 you should GTFO and go live in a country you've only visited a few times and feel like a foreigner in!" goes against basic humanity as well as the civic values of what it means to be Taiwanese. 

This is not a threat yet, but it could become one in the implementation phase, and we cannot let that happen.

Another improvement will be the issuance of Gold Cards which wrap a work permit, residence visa, residence permit and re-entry permit (which is odd - your residence permit
is your re-entry permit now so what's the change?) into one, and ensure that you hold your own work permit rather than it being dependent on your employer. 

This would be wonderful, as one major issue foreigners in Taiwan face is that, if they are in a dire or problematic employment situation, it is difficult to change jobs as a malicious employer may attempt to cancel your visa and work permit before you can find another job. Even if you do find another job, some malicious employers cancel your visa/work permit a bit too early before the switch can be processed. I have known more than one person facing this issue, and it has affected how long they'd had to wait for permanent residency. 

Focus Taiwan reports this in a very unclear way, making it sound as though everyone qualifies for Gold Cards (New Bloom makes the same mistake). In fact, only Foreign Special Professional Wonderful Lords and Ladies qualify, not Garbage Foreigners. 

That is to say, most people - we normal plebes - who are likely to find themselves in a bad employment situation will actually not be able to get out of it more easily, because they won't qualify for being treated with basic humanity. 

Another point that has been met which is universally good news is that children born to foreign professionals in Taiwan will no longer have a 6-month gap between birth and when they are eligible for enrollment in National Health Insurance. This is a deeply-important and much needed change, as there have been several cases of new parents, who happened to be foreigners, seeing their financial wellbeing destroyed by spiraling medical costs in the case of medical complications after the birth of their children.

Yet another provision that benefits me is the revocation of the 183 day/year residency requirement to maintain my permanent residence. As readers know, I spent almost half a year in the US in 2015 to attend to family matters after the passing of my mother in late 2014. I filed a petition to leave for a longer period with Immigration before leaving (and such petitions are nearly universally accepted), and squeaked back in under the 183-day limit regardless, but it is conceivable that such a situation will arise again. From personal experience, I know this requirement can be hard to meet. 

Other issues remain unaddressed, however, which few news outlets are reporting. I'm not as concerned about the internship eligibility being cut, though perhaps that's because I'm not a fan of internships generally. I consider them to be at best a problematic institution and at worst exploitative, almost parasitic ("you need us for experience but we're not going to make it possible for you to eat or pay rent"). 

However, I know a few foreigners born and raised in Taiwan who are well over the age of 20, and therefore will not be eligible to apply for permanent residency under this Act. All this group of foreign residents - for whom Taiwan truly is not only home but also their native land and culture - is asking for as we wait for dual nationality laws to be relaxed is to be given permanent residence on the basis of their having lived here, in some cases, all their lives. And yet, because they were born too early, they're still in limbo. 

Another problem is that, for many foreigners, the requirement of "two years' relevant experience or a Master's in any field" to work in any job other than English teaching is onerous. Some may have, say, a year and 8 months' experience (do those extra few months really matter?), some may want to change fields, some may have an extremely relevant Bachelor's, some may have trouble documenting their experience - having worked freelance, or for an employer that will not provide them with the relevant documents, and some may be in industries where experience is not as quantifiable, such as the arts. I know of at least one case where a young man would have preferred to stay in Taiwan after earning a Bachelor's degree, and who had spent much of his childhood in Taiwan, but could not get any non-teaching job (and he didn't want to teach). He went to Japan. I know of another who had nearly, but not quite, 2 years' experience and had been in Taiwan for over 5 years. However, some of that time was spent as a student, which does not count towards permanent residency, and there had been a break regardless (to finish school and care for a sick relative). There is no reason why that should have held her back from finding non-teaching work. 

This is one area where I further disagree with New Bloom (linked above). We agree that immigration controls around the world can be barbarous, acting as unnecessary controls on people rather than in the interests of a country. They note rightly that immigration policies around the world are strict, and Taiwan is no exception.

However, they provide evidence for that claim in all the wrong ways. Unlike countries with stricter immigration policies, Taiwan
wants to attract foreign talent. The strategy, therefore, should not be to mimic other countries who want to tighten controls. 

In fact, New Bloom fails to point out the real difference between Taiwan and many of our countries of origin. It is difficult to immigrate or work in North America, Australia and much of Europe. This much is true. In fact, it's quite easy in contrast to come and work in Taiwan. Even if one is only qualified to teach, they only have to stick around doing that for five years before qualifying for an APRC, which allows them to take any job. That's not bad, considering how many immigrants to the West give up whatever career they had in their native countries permanently, often working lower-skilled jobs in the hope that growing up in the West will benefit their children.

However, once in those Western countries legally,
it is fairly easy to stay. There are paths to naturalization that are viable, and even permanent residents/green card holders enjoy benefits we permanent residents in Taiwan do not. They are also not discriminated against in business the way we are: many obtain mortgages and credit lines, for example, which remains a pipe dream for many long-term residents in Taiwan (although the credit card situation appears to be improving).

It is simply not enough to say "well the requirements in your countries of origin are also strict!" It's more complicated than that. 

In fact, I'd say that compared to the rest of the world it's not only easy to come here for work - as mentioned above - but fairly easy to obtain permanent residence. The bar is high, and a problem for some deserving people, but it is not impassable for most foreign professionals. However, as I've written, in Taiwan permanent residency is not enough to actually stay permanently unless one is married to a Taiwanese citizen (which clears up all or most of the hurdles surrounding credit lines and obtaining a mortgage). 

Related to this but not specifically in reaction to the New Bloom piece, while it is true that around the world countries want to attract certain types of professionals, I am generally against a policy of differentiation of professional work. 

Barring some exceptional cases, most immigrants contribute to the country they settle in, and generally speaking the numbers that come in are more or less in line with the numbers the economy can handle. The reason why is simple: we don't move abroad in a vacuum. We research, read ahead, ask questions and talk to people already in the country we are considering moving to. If all signs point to "it will be hard to find a job and wages and benefits are stagnant because the market is saturated or the jobs simply not that good", that will reduce the number of people coming in as they'll decide to go elsewhere in search of better opportunities. When the market is robust and competitive, more will come, just as it should be. 

This is true for Garbage Foreigners as well as Special Outstanding Wonderful Foreign Lords and Ladies. You aren't going to get the Special Wonderful Foreign Lords and Ladies if your market isn't enticing, no matter how lenient your immigration policy is. And, I've gotta say, I love you Taiwan but the market is not enticing. Frankly, it's not even enticing for foreign teachers. Those of us who stay do so because we care about Taiwan, not because we think remuneration is superb. 

Aww, look at me, sounding like a Running Dog Capitalist! 

If anything, in the case of us Garbage Foreigners, making it easier to move here as a teacher will entice better teachers to come here - people with real qualifications and experience, not just new graduates who have never been in a classroom nor have been trained to teach. This can only improve the country. Some are likely to work in cram schools, raising the level of education at those institutions - working in a university or public school doesn't suit everyone (I could work in a public school, for example, but choose not to).

I have talked to more than one qualified and talented teacher who has either chosen not to come here or not to stay because the labor and immigration laws are not enticing enough to better teachers. 

In any case, a second reason not to discriminate in this way is that most of the benefits in the Act won't apply to the vast majority of incoming foreigners. Most of the benefits accrue to permanent residents (that is, long-termers like me), and the vast majority of foreign professionals who come to Taiwan do not stay that long, or are not intending to stay permanently or semi-permanently, and as such won't qualify. The number of foreign professionals - from Garbage to Special - who will qualify is not only small, it encompasses people who are already here. Nothing will change for Taiwan except that its long-term foreign residents will get a fairer shake. Why is that a bad thing? There is no good reason to tell them they aren't good enough or wanted enough. 

Yes, these provisions will affect new arrivals who, in the future, may decide to put down roots in Taiwan. However, given past numbers (I doubt the total number of permanent residents is above four figures), the impact will not be large. Most Garbage Foreigners - again, the category I fall into - plan to leave within a few years, not to make Taiwan their home. We aren't going to see a massive influx of unwanted filthy stinky buxiban teachers just because permanent residents get a few more much-needed benefits. In any case, 
the contributions these someday-long-termers make will far outstrip the benefits they are offered, and by the time they are eligible they have been already here for some time. 

That the Act felt the need to discuss at length the "limited" need for such Garbage Foreigners is telling and sad. Thanks, Taiwan. Good to know that you had to put into writing exactly how much people like me are not valued.

Finally, as this is an ancillary issue to discussion of the newly-passed Act, New Bloom also gets this wrong:


What leads many to react strongly against and sometimes deem Taiwan a “xenophobic” country is the lack of adequate provisions for obtaining Taiwanese citizenship, in which Taiwanese citizens may be allowed to hold multiple citizenships without being made to give up their original Taiwanese citizenship, but foreigners would have to give up their original citizenship before applying for Taiwanese citizenship, leaving the possibility open that they may become stateless. But, again, although this is a serious fault of the Taiwanese system, this is not exceptional in Asia, in which a high barrier for obtaining citizenship has not been overcome.



In fact, Taiwan's case is exceptional in Asia for a few reasons.

The first is that, again, unlike other Asian countries, Taiwan looks more favorably on diversity. Not everyone has hopped on the internationalization train, but generally speaking Taiwan is not as xenophobic as China, Japan or Korea, especially when it comes to long-term foreign residents. I doubt the majority of Chinese, Japanese or Koreans would support allowing many foreigners to become citizens at all, dual nationality aside. Taiwan is different. A few ethnic chauvinists still exist, but nobody I've talked to - and I've talked to hundreds of people about this issue - is against foreign long-term residents becoming citizens. For many, to be Taiwanese is to participate in a shared civic nationalism, not to be of the same blood as the rest of an ethnic state.

Try playing that card in Japan or Korea (or even China, despite its ethnic diversity - well, China's rhetoric just doesn't make sense in this regard) - good luck. You won't find much support.

Secondly, and I cannot stress this enough, Taiwan is exceptional because unlike other Asian countries, there is a massive double standard regarding who can have dual nationality.

China and Japan, in contrast, do not allow dual nationality even for their born citizens. If a foreigner wants to be Japanese or Chinese (although why someone would want Chinese nationality if they weren't born with it is beyond me), they must give up their original nationality. However, the same is true if a Chinese or Japanese person wants to obtain a second nationality. In fact, in one memorable case, noted author Guo Xiaolu obtained British nationality not realizing this law, and had her Chinese passport cut up by a consular official:



“Do you have a Chinese passport?” She stared at me with a cold, calm intensity, clutching my British passport.
I took out my Chinese passport and handed it to her through the narrow window.
She flipped through its pages. The way she handled it gave me a sudden stomach ache. I sensed something bad was coming.
“You know it’s illegal to possess two passports as a Chinese citizen?” she remarked in her even-toned, slightly jarring voice.
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“Illegal?” I repeated. My surprise was totally genuine. It had never occurred to me that having two passports was against Chinese law.
The woman glanced at me from the corner of her eye. I couldn’t help but feel the judgment she had formed of me: a criminal! No, worse than that, I was a Chinese criminal who had muddied her own Chinese citizenship with that of a small, foreign state. And to top it all, I was ignorant of the laws of my own country.
She then flipped through my visa application, which was attached to my British passport, and announced: “Since this is the first time you are using your western passport, we will only issue you a two-week visa for China.”
“What?” I was speechless. I had applied for a six-month family visit visa. Before I could even argue, I saw her take out a large pair of scissors and decisively cut the corner off my Chinese passport. She then threw it back out at me. It landed before me on the counter, disfigured and invalid.

South Korea is a murkier situation. Dual nationality is now allowed for Koreans as well as foreign long-term residents, but who is eligible for it is unclear (I'll have to do more research on this). From the second link:


By submitting the same type of pledge, certain groups of foreign nationals may also acquire Korean citizenship while maintaining their original one. The groups include marriage migrants, foreigners of outstanding talent who are naturalized as Koreans, and those who have their Korean citizenship reinstated by meeting certain qualifications. (Nationality Act, Act No. 8892 (Mar. 14, 2008), last amended by Act No. 10275 (May 4, 2010).


If this means what I suspect - that general naturalization in Korea is similarly restricted to Foreign Special Wonderful Lords and Ladies as it is in Taiwan, and closed to Garbage Foreigners - this still, however, makes Korea and Taiwan the exceptions, not the rule.

In fact, regarding Taiwan, let's call it a triple standard.

If you are born Taiwanese, you can have dual nationality or even multiple nationalities.

If you are the descendants of Overseas Chinese (I'm not sure how specific the requirements are, but certainly if your ancestors were a part of the 1945-1949 Nationalist diaspora), you can have dual nationality, even if your ancestors never set foot in Taiwan. They will give you Taiwanese nationality and let you keep your original nationality. I know more than one person who has successfully done this.

That is to say, the requirements are not merely related to blood. It's pure, clear ethnic chauvinism. It's racism. Your ancestors do not have to be Taiwanese, they merely need the correct ethnic and political pedigree.

If you are a foreigner - just like me! - but your ancestors were Taiwanese, you can be a dual national.

If your grandfather spent a short amount of time residing in Taiwan and you're a really good soccer player, you can be a dual national. Ugh.

But if you have the wrong color skin and the wrong-shaped face, you are a Garbage Foreigner who does not qualify. You must renounce, you stinking piece of crap. Never forget that you are not wanted.

This is true even if you were born and raised here. Someone whose ancestors never came to Taiwan but have the desired political history can be a dual national, but someone who is actually Taiwanese by virtue of growing up here immersed in the culture is not.

This is not true for other Asian countries. Their laws are harsh, but at least they apply fairly to everyone. I don't want such harsh requirements in Taiwan, but I do want fairer immigration policy.

I wish New Bloom had covered the issue in this level of nuance - I generally like their local coverage, especially of student and social movements. Unfortunately, the editorializing here misses the mark and is deeply misleading.

In any case, this is not the main issue - it just happens to be related to the question posed by both the ongoing fight for dual nationality - but both this issue and the passage of the Act Governing Recruitment and Employment of Foreign Professionals lead us back to the same question: 
Are we Garbage Foreigners or not? Does Taiwan want us or not? (Hell, does Taiwan understand basic economics or not?)

The new Act seems to point toward a general opening up of how welcoming Taiwan is to its long-term foreign residents, at least the professional class (which is, of course, not enough as most foreigners are not "professionals"). However, continued differentiation of who is an Amazing Perfect Special Outstanding Foreign Professional Demigod and who is a Big-Nose Trash Monkey "Professional", and continued battles to include all foreigners - including non-professional laborers - who want to put down roots in Taiwan still make me wonder.

Are we valued, Taiwan? Am I valued?

I don't know, and your message is more than a little muddled.

Sunday, October 29, 2017

Our Own Worst Enemies

As the fight for the opportunity to apply for dual nationality for all foreign professionals (and I hope someday all foreigners, including laborers) grinds on, I've noticed something about the pushback against this goal, who is against it, and why.

I started caring about dual nationality when I came to the realization that I wanted Taiwan to be my permanent home rather than a place I called home for a portion of my life before eventually leaving to live elsewhere. This happened soon after receiving permanent residency and realizing that, despite the word "permanent" in the name, that it would not be sufficient to make it possible for me to actually remain in Taiwan. I've gone over the reasons before here: the one-sentence summary is that retiring and living out my days in Taiwan will not be possible without the ability to buy an apartment, access to a pension system and ability to build a credit history. I can't do any of these things - either legally or simply because foreigners are discriminated against - with permanent residency alone.

When I began talking about this issue, I expected disagreement from locals. After all, it's their country and I moved here as an adult. It's to be expected that some Taiwanese will have a vision for their country that does not include our truly living here permanently, or that despite the fact that Taiwan is not the monoculture that people often think it is, that they might not want a more diverse or multicultural society. While I disagree with this, it is a possible viewpoint, and people are entitled to have opinions regarding what they want their country to be like even if I disagree - and even if their perspectives, if implemented, would hurt me directly. Most of my supporting points to my dual nationality argument addressed this assumed opponent: that Taiwan is already diverse (with data to prove this), that those who would seek to attain dual nationality would be fairly small in number and the vast majority are already here, so it wouldn't really change much in terms of the makeup of the Taiwanese citizenry but would be life-changing for us, that sort of thing.

I was pleasantly surprised to find that, on the contrary, Taiwanese people seem to generally have no problem with the idea of dual nationality for foreigners like me (a lot of the latent anti-foreigner sentiment is aimed at Southeast Asian migrant workers, however, and I do not mean to excuse this). In fact, most people I've talked to had assumed it was already possible, and the reason that so few foreigners had dual nationality was because we hadn't applied, not that it was impossible. Although I'm sure the local opponents in my mind's eye exist, I have yet to meet them. Even within the government, the main issues seem to be a lack of prioritizing this issue coupled with fear of the unknown, not open opposition to the idea of dual nationals who do not have some sort of "Chinese" origin.

Instead, I have been shocked to learn that the most vocal opponents of dual nationality are other foreigners. 

I still struggle to understand why. It often comes across as long-termers crapping on other long-termers out of some sense of assumed superiority. I can't think of a reasonable reason why I have never met a Taiwanese person who opposes dual nationality - and I have talked about this with people across the political spectrum, from deep blue KMT to Hoklo nationalist to moderate to Sunflower - and yet have come across so many foreigners in Taiwan who do.

All I can say is that this attitude hurts all foreigners in Taiwan, hinders our progress, and shows a lack of understanding of how this issue is viewed locally, and hinders what sort of local assimilation is possible (although I do agree that total, perfect assimilation is not possible at this time - there are still a lot of assumptions about what a Taiwanese person looks like for that to happen right now).

With this in mind, here are a few of the points I've heard these anti-dual-nationality foreigners raise.

The most irritation iteration of this belief is the "superiority complex", that is, other foreigners in Taiwan who think that dual nationality is not necessary because we should be happy and willing to stay here and contribute as much as possible to Taiwan without asking for anything in return - and that to ask for immigration policy that matches the rules for born Taiwanese (who are allowed to hold dual nationality) is a selfish thing to do. I suspect people who hold this particular view see themselves as somehow selfless for putting up with a pointless and unnecessary double standard. That perhaps unrequited love for Taiwan - because Taiwan's immigration policies do not love us back - is somehow noble or right.

I reject this on its face: asking for fair-minded immigration policy in which both born and naturalized citizens have the same right to dual nationality is not selfish, it is asking simply for what is fair. It does not mean we don't want to contribute to Taiwan, or that we are here to mooch or that we want to get, get, get without giving. I don't think there is anything noble about accepting a system that discriminates against people like me. I don't believe in continuing unrequited love out of some sense of selflessness - that's just not what selflessness is - and I certainly don't believe in unconditional love. I am deeply uninterested in the "I'm A Better Selfless Foreigner" game.

This is also a strain of thought in which people who oppose something tend to think of those who want more rights, or fair rights, to be "entitled" (whereas they see themselves as "selflessly giving and working hard") rather than just normal people reasonably pointing out problems and unfair policies in a system created in China in the 1920s which does not suit 21st-century Taiwan. All I can say is that when I fight for fair immigration, I'm fighting for their rights too, not just my own.

There are also the Straw Man Foreigners, who seem to think that supporting dual nationality means supporting anyone who shows up at the airport immediately being able to apply for citizenship. This is an obvious straw man - nobody thinks that - so all I'll say is that the general consensus seems to be that eligibility should begin after one has had permanent residency for at least 5 years. That's a 10-year commitment to even apply, and that seems quite fair to me.

There are also those who defend unsupported ideas: for example, those who believe that opening up dual nationality would cause a flood of people to come to Taiwan, or who think they are defending Taiwanese people whom they believe generally do not want many naturalized dual nationals. I've already covered the latter issue: it is simply not the case that Taiwanese people are generally against dual nationality for naturalized citizens. They are defending a viewpoint that is in the minority, acting as stewards of "what Taiwanese think" without actually considering what Taiwanese think.

Regarding the former issue, there is little evidence to support this. There aren't even many permanent residency holders, and the eligibility for that has opened up considerably. It was easier for my husband to apply just recently than it was for me to apply in late 2011! There has not been a corresponding uptick in foreigners moving here - most who come do eventually plan to leave, and those who would apply for dual nationality are generally already here.

This group also tends to ignore the blatant double standard of allowing dual nationality for one type of citizen (those born here, and those of Taiwanese or Nationalist diaspora ancestry who want to come here) but not another (those not born here whose ancestors did not flee China in the 1940s). They ignore the fact that someone who has never set foot in Taiwan but whose grandparents fled China with the Nationalists to some other destination can very easily get Taiwanese nationality without giving up their original citizenship, but those of us who have lived here for years cannot. They also ignore that people who were actually born and raised here are still considered "foreigners" despite their having a stronger connection to Taiwan than many who do qualify for dual nationality.

And, of course, they ignore the fact that, if China were ever to annex Taiwan, that foreigners who have renounced their original nationality will essentially be stateless - there is no way that China would give them citizenship, not that they generally want it. Taiwanese would end up becoming Chinese citizens, which sucks, but is marginally better than being stateless. Those who think renunciation is reasonable generally fail to think through this potential - if unlikely - scenario.

There are also those who think that they understand the lives of those who want dual nationality enough to assume that permanent residency is sufficient for them (which I've covered above), or that renouncing their original nationality is not too much to ask. I've covered the latter in previous posts, but the short of it is that, beyond the potential for statelessness should China ever annex Taiwan, if I give up my original nationality I have no way to return to take care of family long-term - and work at the same time, which I would have to do because I am not wealthy - should the need arise, which it probably will. A subset of this group has either already renounced and therefore thinks everyone is equally able to do so, or renounced but reclaimed their original citizenship and doesn't care that not everyone can do that.

Related to this, there are those who think dual nationality is not deserved because we wouldn't "fight for Taiwan" should it become necessary (yes, this an actual 'argument' I've heard). Leaving aside all of the issues related to this - fitness and training to fight, for example - this is exactly backwards. I personally would want to fight for a country that would give me citizenship, but don't see why I should fight for one that won't, and I doubt Taiwan would even allow non-citizens to take up arms in wartime. I'd even argue that naturalized citizens would be more willing to stay and fight than some locals who, given the chance, would leave at the first bomb drop.

And, of course, there are those who think that only superhero-level foreigners should be granted dual nationality, as though nothing short of renouncing all worldly attachments and going to work in a village in the mountains (and conjuring up food and shelter with no money, apparently, because in this scenario the selfless hero doesn't need to work?) is good enough. This argument tends to deify missionaries - as though they do what they do out of pure selflessness rather than for their ultimate goal of winning more converts to their religion - and kick down those foreigners whom I think deserve dual nationality the most: the ones who were born and raised here. It prioritizes those with an institutional advantage - a large religious organization paying their bills - and closes the door to anyone who does not believe in religion.

It also dismisses the contributions of regular foreigners to Taiwan which are similar to those that Taiwanese citizens make, and spits on the value of work, even though regular work is a part of what helps an economy grow, and there should be no problem with being financially independent, supporting oneself, being a part of the economy and paying taxes.

Again, I'm not sure why thee anti-dual-nationality foreigners make these arguments, or how they can make them sincerely, but that they do so shows that we are our own worst enemy: the problem is not merely convincing Taiwanese that we are worthy. They seem to be mostly already convinced. It's not only getting the government to act - although that is also important - it's that some foreigners here want to hold others back for no reason - well, no good reason - that I can think of. I'm not interested in this whole "I'm a better foreigner because I don't want equal rights" or "they're better foreigners because the church pays for them to be up in the hills helping the poor whereas you pathetically have to work to earn money to live like a loser" or "you're so selfish and entitled for wanting a fairer system" game.

It is especially odd, seeing as they'd benefit from increased rights and fairer immigration policy too. If they didn't think it was important or didn't want or need it, fine, but then the sensible course of action is to not get involved. But to actively oppose people like you working towards something better? To want to continue the double standard? Why? I really don't get it.

I just hope we get what we want - fair-minded immigration policy - despite this inexplicable attitude from our own.

Fortunately, we don't need their support, and from my discussions with locals, we already have considerable local support.

Monday, September 25, 2017

My latest for Ketagalan Media: Taiwan needs to do a better job of protecting domestic workers

You may remember my post a few weeks ago about the proposed changes to regulations aimed at protecting foreign blue-collar labor, and my absolute fury over allowing employers in Taiwan who had previously sexually abused a foreign worker to hire one again after after a few years, with a lifetime ban only after repeated offenses.

A few things I've learned since then - Taiwanese women are not protected either (the vast majority of domestic workers in Taiwan are foreign women, however), and although Taiwan has a sex offender registry, it is not open to the public and therefore potential foreign employees at this time have no way of knowing if they are taking a job with a convicted sex offender.

So, I've written up a new piece for Ketagalan Media on this issue. As a foreign woman, albeit one of comparative privilege, it is important to me.

I hope you'll take a look.

Sunday, September 10, 2017

I am rather happy with this low-hanging fruit



Here are some of the really great (and necessary) things included in a bill being currently reviewed by the Legislative Yuan that will expand rights and opportunities for foreign professionals:

- Internship opportunities from recent graduates of "Top 500" universities
- A one-year job-seeking visa for foreign professionals
- A one-to-five year (depending on field) renewable visa/work permit bundle for foreign professionals that, after 5 years, confers APRC eligibility
- Tax breaks for people who are already high earners (meh)
- Foreign professional participation in pension programs
- APRC eligibility for the children and spouses of APRC holders
- Work rights for adult children of APRC holders with over 10 years of residency in Taiwan
- One-year visitation rights for parents of foreign white-collar workers

You won't find me spewing much invective for once - this is actually pretty good.

To be clear, at least one of these new perks is unnecessary: I see no reason to give major tax breaks to high earners who would presumably already enjoy a high standard of living in Taiwan. I am also not sure if "attracting more foreigners" is the best way to combat brain drain. Maybe try paying your own citizens competitively and providing them with enticing working conditions? Hmm?

Let's start with the good stuff first for once, however, before diving into the problems.

This is exactly the right way to go for the children of APRC holders. I dream someday of a Taiwan where they would have a path to citizenship (if not birthright citizenship, but even a pathway is something). I have a friend who was born here, whose home country and home culture are Taiwan, and yet who is not considered 'Taiwanese' because he doesn't have the ancestry. Of course he is Taiwanese, and the laws are unjust. He had to return to Canada for years before coming back here, on the same visa I held for years as someone with no prior connection to Taiwan. That's not right.

I have more than one friend who has had children in Taiwan. The older ones often leave, and those with young children worry about what their offspring will do when they come of age, if their native country is still saying "you are not from here and are not welcome here".

They need this. This is important. Every foreign worker thinking of staying long enough to have kids and raise them here absolutely needs this, and as a long-term expat myself, I know quite a few of them (as a married woman, although we intend to remain child-free, it would still be good to know our hypothetical children may fare better).

It is unclear of the adult offspring of APRC holders with over 10 years' residency must have lived here within a certain time frame - that is, whether or not my friend would quality, however. This ought to be clarified.

The work-seeking visa is also a big deal - I can't tell you how many people have taken jobs they don't want simply because they were worried about their visa. I can't tell you how many people had a few weeks or months of technically working illegally because the only way to get work here is to come on a tourist visa and then transition to a work visa, which takes time (this is technically illegal but the current regulations left most of us with little choice). This is truly an important step in ensuring that foreign professionals are able to come here without resorting to legal gray areas just to make it work.

The working rights are also a big deal, not only for children of APRC holders who would, one assumes, also be likely to have APRCs if they're old enough to work yet still dependents, but for spouses. A lot of - probably the majority of - spouses of foreign workers are wives whose husbands work - not allowing them to work essentially promotes gender role segregation that is entirely unjust in the 21st century.

And, finally, the one that might affect me: the pension scheme participation. I've said that the two main things keeping me from staying in Taiwan for the rest of my life on an APRC rather than as a citizen are, first, the inability to buy an apartment. I intend to work until I physically/mentally can't anymore - I actually like my job, after all - but where am I supposed to live when I'm too old to earn money and have no income? In my generation retirement savings that will last for the entirety of one's golden years is a pipe dream, although we do have savings. Paying rent is not really an option. What's more, it isn't particularly easy for the elderly to rent apartments in Taiwan. So how does an elderly non-homeowner without Taiwanese children stay here?

The second is pensions. Eventually I'll want to transition from the freelance work I currently enjoy to a more academic position. In, say, Canada (where my husband was born and therefore where we can live) that would generally come with a pension scheme. In Taiwan it does too...for locals or those married to locals. I am neither. I don't see, however, how I can stay when I might never be eligible for something I could get almost anywhere else I can legally live. So this really matters to me.

But, of course, the bill's provisions are not perfect. This wouldn't be Lao Ren Cha if I didn't complain.

I am not going to complain about money. Taiwan's wage stagnation is well-known. We all know that everyone, Taiwanese included, needs to be earning more. There's no reason to go into it further. Of course it's a problem.

Regarding things I do want to explore, it is unclear if the "foreign professionals" eligible for an employment card need the requisite "two years of experience in a related field or a Master's degree" to apply. A lot of people I know came to Taiwan before they had these things, and yet became valuable and contributing members of society here. Or, they had two years' work experience, but in a field they were hoping to get out of, not stay in (this was the case with me and my 2 years' experience in finance - a field I was desperate to leave). People often move abroad hoping to change careers, not necessarily continue them. That doesn't mean they aren't worth having in Taiwan.

I am also wary of the "Top 500 universities" rule. I understand why they are trying to implement it - they want some measure of 'prestige' for the people coming in - but leaving aside the impossibility of truly deciding which universities are in the "Top 500", what you are essentially doing is discriminating against those who weren't born into relative wealth.

On a First World scale, that means, had I not taken out heaps of loans (along with a scholarship and some family help) to go to my rather good private university in the US, my 'affordable' choice was State University of New York - and the one nearest my hometown is not one of the SUNY schools that is on this measure of world rankings. That would have meant that sound financial decisions - hey, I'm still paying off that student loan - as someone from a middle-class family that sometimes struggled would have rendered me potentially ineligible, for having gone to a perfectly okay and affordable school.

On a Third World scale, it discriminates, well, pretty indiscriminately. If you are from India, you would have had to have gone to an IIT - to be the best of the best - whereas in the US you could have gone to a better-than-SUNY-New Paltz state school and you'd be basically okay. For those from Southeast Asia, I couldn't find any universities outside of Singapore that would meet the requirements (Chulalongkorn University, for example, is ranked in the 600s).

It essentially says "Westerners welcome, the rest of the world not so much." Not quite "we don't want brown people" (plenty of Westerners are people of color) but pretty damn close.

A lot of my liberal Taiwanese friends say that while they have reservations about foreign blue-collar labor, they welcome foreign white-collar labor from around the world. This bill still discriminates against exactly those people. And how, if Taiwan's goal is greater links with Southeast Asia, is this going to further it, when most educated Southeast Asians would be essentially barred from the program?

And, of course, these goodies are only for white-collar workers. Our blue-collar foreign worker brothers and sisters are, as usual, left out and given the worst possible living and working opportunities in the country. They are basically being told "you can work here in a factory or as a maid, but while those wealthy Westerners can bring family here and even get them APRCs, you should leave your family in Vietnam/Indonesia/Thailand/the Philippines. They can have their parents visit for up to a year, but not you. You are lesser."

How is that fair?

And, of course, there are a few big things missing. I don't know what to do about mortgage discrimination as that's not a legal issue but rather an issue of banks being, well, unfairly discriminatory. However, it must be dealt with if we are to stay.

Another is that a one-year parent visa is perhaps insufficient. I don't intend to bring my father here to live - and in any case he's not elderly yet - but I know foreigners who are considering bringing their elderly parents here to care for them rather than moving back to the country of their birth. There is currently no visa for a stay of such indeterminate length.

There also seems to be a lack of a retirement visa. If a pathway to citizenship (or some other solution to everything keeping me from permanently committing to Taiwan as I would like to do) doesn't open up for us, we will likely leave simply out of necessity. However, I do want to live out my days in Taiwan - perhaps selling whatever property I may have bought abroad to buy a small apartment for us outright here. By then, however, we will have lost our APRCs. How are we to come back if there is no way to do so as retirees?

And, of course, we need a path to dual nationality - but we've been over that.

However, all of these issues aside, I am happy with this progress. I am especially excited for my friends with children in Taiwan who really deserve better for their Taiwan-born offspring than seeing them kicked out in their 20s. I'm happy for friends who may finally be free to search for a job without jumping through all sorts of sketchy legal loopholes.

A lot of these gimmes are low-hanging fruit, of course. I don't know any Taiwanese who would oppose allowing foreign professionals to have parents visit long-term, for example, or who would prefer that they come here and transition to work quasi-legally. I don't know any who think that children born in Taiwan should be forced to leave at age 20-26, and in fact, very few are aware this is even a problem.

So these are easy gifts - everything it takes very little effort to pluck off the legislative tree.

But you know what? I'll take it.

Tuesday, September 5, 2017

The color line is the power line: the new pro-Taiwan generation and attitudes toward foreign blue-collar labor

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From a foreign labor rights protest I attended before the Tsai administration took power


I want to start this post with a little story. Every Saturday morning I tutor one of two intelligent, thoughtful young women - sisters. Which one I teach changes periodically. They used to have a domestic worker from Indonesia, whom the whole family liked (she eventually returned). She would cook Indonesian dishes for them to try, bring them gifts from her visits home, and was generally a part of the family. I liked her a lot, too. The girls called her Auntie. They call me Jenna.

She seemed older. Her face was lightly lined, a few silver wires in her hair. I guessed that she was in her forties, both by her appearance and attitude.

One day, while the helper was in the next room, one of the girls let slip that she thought I was in my twenties. I laughed and encouraged them to guess my real age. We were sitting in the living room, and they guessed and guessed but just would not make it up to my actual age. It's not their fault: I really didn't look it. No wrinkles, no visible gray hairs, a youthful personality.

I finally spilled: I was 33.

They were both silent.

"33?" one of them finally said. "But that's Auntie's age!"

"It is?"

They called her over in Chinese and asked her age.

"33," she answered simply.

"Oh," I replied in Chinese.

"...I'm 33, too."

But the truth thumped gracelessly in the pause.

She smiled sadly. I don't know what my face did. The girls were merely surprised, and I can only think that someday in the future they will reflect on that moment.


* * *


I often hear that a sense of Hoklo nationalism (think "Taiwan for the Taiwanese") and anti-foreigner sentiment once marred past pro-Taiwan movements. And I've seen it: more than once, I've watched Southeast Asian laborers march in demonstrations demanding better worker protections, only to be ignored by the government and the Taiwanese population. I've watched demonstration, mostly by older people, holding signs saying things like "foreign workers (外勞) go home." I was worried they meant me, but was told (by way of "reassurance") that I was welcome, it was foreign blue collar (mostly Southeast Asian) labor they didn't want.

In one notorious case, the Liberty Times - that bastion of the older pan-green "left" - reported on the horrific traumas one foreign domestic worker had suffered as a rape victim who was repeatedly ignored by authorities, making it all about Taiwan's "loss of face" rather than the woman in question (link in Chinese).

I have had more than one conversation with older pro-Taiwan people who still say things like "Taiwan isn't racist, we treat you well" and "I don't think we should bar employers from holding foreign workers' passports, because those foreign workers can commit crimes in Taiwan and then just leave the country!"

In short, the Hoklo chauvinism that also deterred many non-Hoklo Taiwanese from supporting the DPP in the past, while writhing in what I can only hope are the throes of death, was a problematic attitude held by many which caused them to either view immigrants with suspicion, or only want 'certain kinds' of immigrants (i.e. Westerners).

While it's not fair to tarnish every pro-Taiwan supporter of past generations, or even most of them, the lack of regard for foreign labor was a real problem. This doesn't mean that Taiwanese activists shunned making international connections: they have worked hard to build networks around the world, lobby for support and garner high-profile allies. Rather, this attitude ran parallel to that sort of activism.

I'm here to tell you it is unfortunately still something of a problem.

Let's get a few things out of the way first: this is also a big issue in the pan-blue camp, too: the KMT not only doesn't care about foreigners, their chauvinism is Han chauvinism - just another type of prejudice. They are just as likely to welcome white Westerners but turn their noses up at Southeast Asians, and they are not off the hook.

What's more, the worst of the old-school chauvinism is on its way out. You will generally not hear young people trashing foreign workers in the same overtly racist ways that their predecessors may have: they'll speak out against communities that want them to leave simply because they are foreign, and they'll argue that they deserve fair treatment and a non-exploitative work environment in Taiwan. They won't take to the streets holding signs admonishing anyone to "go home". Certainly most would recoil at expressions of Hoklo chauvinism.

Many, if not most, support better pathways to dual nationality, with some of our staunchest allies in this regard being people like Freddy Lim and Hsiao Bhi-khim. Note, again, though, that the dual nationality they support is aimed at foreign white-collar workers, not labor.

And, with the DPP in power, we are seeing more movement on foreign workers' rights, although this is still a hotly-contested issue when, frankly, it shouldn't be. Unless I missed something, I don't recall ever seeing so much talk from the government end about foreign labor in Taiwan under the KMT. For example, it wasn't until 2016 that exit rules requiring foreign labor to leave every three years (often at great expense, often funneled through corrupt brokerage agencies) were changed to lift this requirement. There are DPP legislators working to protect foreign worker rights.

There is plenty of evidence showing that working conditions in Taiwan for foreign labor are poor, and you will find plenty of support in the pro-Taiwan camp for changing this.

So, I want to make it clear that this is not a hit piece. I don't want to make anyone look bad, nor do I want to take a swipe at the new generation of pro-Taiwan advocates. I don't even want to imply they all share these views.

However, we still have a problem when it comes to how people, even in this otherwise progressive camp, view foreign blue-collar and mostly Southeast Asian labor.

It is still strikingly common for someone agreeing one minute that working conditions for foreign labor in Taiwan should be better, and then the next express opposition to giving such workers a path even to permanent residency. Foreign professionals such as myself can obtain permanent residency fairly easily, although some of the rules seem a bit arbitrary. Foreign blue collar workers, however, cannot. Even if the visa allowed for it - and I am fairly sure it doesn't - they wouldn't meet the income requirements. It's fine to let them come here to work, apparently, but giving them the same opportunities as white-collar workers is apparently too much.

There are new laws, but some of these don't strengthen worker protections enough, and none of them expand worker rights to include the same opportunities I enjoy in Taiwan. It's a line drawn between types of foreigners, as though one type is better than the other. For example, it is simply not acceptable that being convicted of sexually abusing a foreign worker would bar you from employing another one after just 2-5 years, rather than being barred for life. Nor are the protections to stop employers from holding workers' essential documents, including passports, strong enough. "Strong dissuasion from doing so without a good reason" is too weak.

So, essentially, the narrative seems to be that foreign labor deserves better working conditions, but not more rights.

I don't agree with the reasoning behind this. The first reason given seems to be that they will "swamp" Taiwan. I'm not sure about that. Of foreign workers already in Taiwan, it's like that only a fraction would be eligible for whatever sort of permanent residency requirements the government sets. Of those who are eligible, only a small fraction would ever obtain it. Perhaps they will do so at higher rates than professionals as there are more of them, but it wouldn't likely be a majority.

Most intend to only stay a few years, and the option is not on their radar. Although there are far more foreign laborers than professionals in Taiwan, it is safe to assume most do consider their native countries home and intend to make money for awhile, but eventually return.

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You can see from the photos of politicians at the back how old these pictures are, and yet the same issues remain


Remember, for many, they work here to earn money to send home. Home. They will stay as long as they need to earn that money, but they don't intend to live out their lives here. Just like us, they have family, friends and connections where they come from.

What's more, I'm not sure what "swamped" is supposed to mean here. Taiwan has a labor shortage, not a surplus (the fact that this has not translated into increased wages is all about fiddling at the top). The birthrate is going down, not up. The average age is going up, not down. The population is set to decline, not rise.

We talk about foreign talent being part of the solution to all of these problems, although I think the bigger solution is to stop the top-level cronyism that leads to artificially depressed wages for locals, and to improve working conditions (and pay) across the board so the brain drain gets plugged. But people seem to assume that including immigration as a solution to Taiwan's economic and labor woes means professional foreign labor - frankly, we also need foreign blue-collar labor. They are consumers too. They sometimes marry locally. Many have children locally. One in five marriages is to a foreigner.

This is good for an aging population, not bad. It's not swamping, it's replenishing. That is, unless you are worried about the racial makeup of your country changing. And why would you be worried about that if this wasn't about race?

In any case, the people who would be eligible are the people who are already here. Nothing would change, really.

I've heard the 'culture' argument too: as more Southeast Asians want to come here than people from other parts of the world, allowing that many (although I disagree it would be so many) of them in would change the cultural makeup of Taiwan. Would it, though? Let's take one cultural marker for example - Islam. Right now the Muslim population of Taiwan is about .03% of the population (Christians are about 4.5%, and I've also heard 5% as a figure). Even if that number grew exponentially, it's still a long way to even 1%. I honestly just don't think it would change that much, even taking into account the fact Taiwan is quite a bit smaller than the US.

Even if that were a legitimate fear, it strikes me as another form of discrimination based on national origin - ethnocentrism, perhaps. We learned in the 20th century that nation states based primarily on ethnicity were a bad idea (I'd double underscore that if I could), so I'm generally wary of this line of thinking.

Another reason seems to be that "more foreign labor hurts Taiwanese labor". I didn't believe this when Bernie Sanders said it about immigration in America (he eventually modulated his message to be anti-corporate exploitation, but his original platform was anti-foreign-labor as a defense of American workers) - and I don't believe it now.

Foreign labor has been coming to the US ever since we've had work for them, and it has never significantly slowed down the US economy. If anything, accepting scores of low-skill workers who eventually assimilate and move up so their children can do better and the whole country can grow more prosperous is what made us what we are.

What's more, we do need people to do that work. Anti-immigration Americans insist that Americans will do it, but I'm not so sure about that. I'm not so sure about it in Taiwan, either: there seems to be a real prejudice against 'black handed' work (that is, work that gets you dirty). As it stands now, in the US, foreign labor pretty much ensures that our agricultural and service sectors run. In Taiwan the industries are different (elder care and factory and fishing work) but the story is essentially the same.

I'm not happy with the exploitation I see in any of those industries, in either country, but the solution isn't to tell foreign labor to stay home, it's to improve the industries to be less exploitative. They want to come, and they do work we need done - don't punish them. Punish the people who victimize them.

Bernie still doesn't seem to have figured this out, and unfortunately Taiwanese who think similarly don't seem to, either.

The most persuasive argument is that foreign labor is so cheap that it undercuts Taiwanese wages.

As for domestic workers, however, I'm not sure this is persuasive enough. Salaries in Taiwan are stagnant, and the population is getting older. People can't afford to pay more to hire someone to care for their elderly family members, but it is difficult-to-impossible to hire a Taiwanese person to do this work at the same rate you would pay a foreign caretaker. If we had a shortage of domestic workers, the work would most likely fall to the women of the household: yet another family obligation that pushes women to scale back on their other goals and ambitions. I can't condone that.

Regarding factory and agriculture/fishing workers, research seems to indicate that the impact is small and short-term if it happens at all, but foreign blue-collar labor is overall a benefit. Remember, without them prices would go up, storefronts that now house shops and restaurants aimed at Southeast Asian immigrants would be empty, the population would drop, certain work would not get done and lower production, even in the short term, would harm the economy. It's not so simple as saying "they can just hire Taiwanese (and pay them more)".

And, frankly, wages in all of these sectors (and all other ones too) need to go up whether the workers are foreign or not. I don't want to see Taiwanese wages drop because of foreign labor. I want to see foreign labor wages increase to rival that of Taiwanese workers, so that industries hire the workers they need, not just the ones they can get at a cut-rate price.

I have tried to talk to friends about this issue, reminding them that I too am a foreign worker. The only thing that differentiates me from them is my skin color and, well, white Western privilege (and the education that comes with it). I remind them that by supporting expanded rights for me, but not for a class that is almost entirely Southeast Asian, that they are essentially rewarding born privilege. Rewarding me for being born Western, with means. At the same time, they are punishing other people for the less fortunate circumstances they were born into.

I know my friends and other pro-Taiwan advocates well enough to know that they aren't intending to be racist. They are just as happy to welcome foreign professionals of any race, including Southeast Asians, and are horrified to hear stories of racism in professional labor (which do exist - ask...well, any given one of my non-white foreign professional friends in Taiwan).

However, it can't help but be about race. The race divide is too clear: most foreign labor in Taiwan is Southeast Asian, most professionals are Western, and most (but not all) of those are white. Although the intention is not to discriminate based on race or skin color, that is essentially what they are doing. It's playing into that same old socioeconomic game: they see it as a line between what helps Taiwan and what they think doesn't, but it is also a color line, whether we like it or not. That color line is a power line: I have the power to gain certain rights and privileges in Taiwan simply because of the circumstances of my birth: the country and family I was born into. There is no universe in which I think this is fair.

Not wanting to consider that the line drawn is, in effect, a color line as much as everyone would like it not to be is a real problem. It's still discrimination. It's still saying "some people deserve more rights than others". It's still saying I deserve something better than a woman from Indonesia because I happen to have been born with more money and in the right country. And if you group people by who is on the 'preferred' side of that color line, of course it's the people who are mostly white. Who, again, is kept down? Non-whites.

Whether you like it or not, that is what it is saying.

But that line is also a poverty line: these views advocate rewarding people who were born in the right place to the right people, and punishing those who weren't. People who want a better life, just like anyone else. People who just want to work hard and make money to better their circumstances. People who do contribute to the Taiwanese economy in invisible ways, whether one wants to admit that or not.

With these attitudes still in place, I'm not sure how the New Southbound Policy will remain on solid footing going forward: Taiwan already has a bad reputation in SE Asia as the worst of all the industrialized Asian countries to move to for work due to low wages, long hours and rampant exploitation. Are these same countries supposed to happily work more closely with Taiwan for mutual benefit in industry, tourism, trade and culture, when Taiwan still doesn't want to give immigrants from those countries in Taiwan more rights? This whole strategy can only work if both sides stand to benefit, not just Taiwan as it weans itself off reliance on China. That means extending rights and benefits to foreign labor from Southeast Asia in Taiwan, not more of the same.

No one is an island, whether you like it or not. 

It also bothers me that, as I've talked to so many friends recently about how to talk about Taiwan in a convincing way with American liberals, that I essentially have the same problem in Taiwan: I don't know how to talk to Taiwanese liberals about foreign labor, especially blue collar labor. They seem to have gotten the message regarding foreign professionals and dual nationality - not that that is moving any faster - but cross that color line and I feel like I hit a discursive brick wall. There is a lot of sympathy for ending abusive treatment, but none for giving foreign labor real opportunity in Taiwan.

It's also just a bad look: I know the intent isn't racial discrimination but as that's the practical effect, it's bad optics when it comes to getting foreign support. We are foreigners too. We are, essentially, foreign workers with more privilege and different skin. We do - especially the more liberal among us - feel solidarity with Southeast Asian workers. When a party isn't doing everything they can for some foreigners, all politically astute foreigners notice. If they want more 'New Taiwanese' to support them, loyalty is bred by treating all 'New Taiwanese' well, not just the comparatively privileged ones.

It is quite problematic, as well, that when these issues do finally get discussed, they feel filtered down through layers of acceptability. First, the NPP didn't support changes to regulations regarding foreign professionals. I'm not sure that ever changed, but they did start to support relaxing dual nationality requirements...again, for professionals. The DPP relaxed these requirements, but only for certain professionals. It might be extended to the rest of us plebes someday, but not laborers. Only once that happens does it feel like the conversation might open to include talk of increasing their rights, too. It's like ideas of inclusion in Taiwanese society have to drip down through a layer of white Westernness for them to finally be acceptable to think about also including people who are not as privileged.

The US also has a problem when it comes to how the majority of people view blue-collar immigrant labor, although the liberal landscape is changing enough that Sanders took some heat for his views. It was ultimately not enough for most to abandon him or even reconsider their support. For us, that labor tends to come from Mexico, Central and South America.

It's not much different in Taiwan, the only difference (beyond the origin of the majority of laborers) being that not even the liberal electorate is admonishing the progressives they support for their views on blue-collar immigrant labor.

In both countries there is a power and a poverty line, and in both it is difficult to get certain liberal thinkers to really consider how it is also a color line - but in Taiwan it feels so much harder these days.

I know the progressives of whom I speak, so I know the intention is not to keep certain people considered 'undesirable' based on their race. We cannot ignore that this is the practical effect, however, and if Taiwan doesn't provide better opportunities for Southeast Asians within its borders, then Southeast Asia has less incentive to grow the stronger links with Taiwan that this country needs to weaken China's grip. There are times when the effects of globalization are not positive, but this, I feel, is not one of them.

Let's end with this: not too long ago, one of the strains of Taiwanese public discourse was that it wasn't good enough to just seek independence. That Taiwan has two gauntlets before it - de jure recognition of the independence it already has, and deciding not that it is a country (it very obviously is) but what sort of country it wants to be. At the time this discussion was about marriage equality, and it later evolved to include aboriginal land rights.

I'd like to extend that and say that Taiwan also has to decide what sort of country it wants to be vis-a-vis how it treats its immigrants - all of its immigrants. Not the ones that most obviously benefit the country, but those who benefit the country in less visible ways. Not the ones it is easy to welcome, but the ones you may have to overcome prejudice to welcome. Not the ones who already have the benefits of privilege, but those who don't, so they have the opportunity to do better and, as they raise themselves up, help make your country better as well.

Does Taiwan want to be the sort of country that gives all immigrants rights, or does it want to be the sort that discriminates based on old prejudices about what sort of people are desirable, drawing a line that, as much as we wish it weren't, is a color line?

Monday, September 4, 2017

What is one rape worth?

A harsh question, but here's the problem.

According to Focus Taiwan, new laws meant to strengthen protections for foreign workers include provisions punishing labor agents and employers (such as the people who employ home aides to care for their elderly parents) who sexually assault, abuse or traffic foreign workers:


In addition, the official said, if a labor agent is found guilty of sexually abusing, sexually harassing or engaging in the trafficking of foreign workers, a fine of NT$300,000-NT$1.5 million will be handed down and the individual banned from working as a labor agent.



That's a start, though I'm not convinced the fine is high enough. The article doesn't make it clear, there are also laws that carry prison sentences already on the books. 

But then there's this: 

If employers or care recipients are found guilty of sexually abusing or engaging in the trafficking of foreign workers, they will be ineligible to employ such workers for 2-5 years, and repeat offenders will be ineligible for life.

Emphasis mine, because excuse me?

There are surely also sexual assault laws that would see any one of these employers go to prison if convicted which are not mentioned in this article, but how is it that someone convicted of sexually abusing or trafficking a foreign worker might be allowed to employ another one in the future?

How is it that one assault is not enough to see them not only pay their debt to society in terms of jail time, but also be banned for life from hiring foreign workers?

How about one rape? Is it somehow more acceptable to sexually abuse than to rape, or do they face the same weak penalty?

Remember, almost - but not all - of the foreign workers whom this law would specifically protect are women who work in homes as domestic helpers and home health aides. It is already a very personal situation, to live in someone's home as their employee. Do the people drafting these new protections really think that someone who has abused such a worker should be allowed to bring another into his (or her) home?

Is there really a calculus for this? One assault isn't enough, that was just one rape you guys, five whole years ago! We should totally trust this guy to hire another worker in the same situation because come on bro, statistics surely don't show that rapists are likely to be repeat offenders, right?

Oh, they actually are?

Oops. 

According to foreign labor regulations, raping one woman is not enough, but two...well, two rapes means something. Authorities apparently can't do anything to prevent that second woman from being raped, because to them it's not a real problem until it happens twice.

So rapists are like children who are put in the time-out chair for stealing cookies?

Seriously, though. We obviously can't repeatedly punish the same crime - you serve your sentence, and you get another chance. That's how it works - but that doesn't mean criminals should have a totally clean slate. I support giving ex-convicts work and allowing them to live more or less normally, but I would not give a convicted thief or embezzler a job in a bank or finance company. I would not give a rapist, child abuser, child pornographer or pedophile a job in a school. I would not give an arsonist a job at a gas station and I certainly would not let a murderer work in a gun store. I wouldn't even let a Taiwanese fishing boat operator convicted of forcing his foreign employees to work without pay - which does happen - hire them to work on a fishing boat again.

It follows that a convicted rapist, especially one who likely specifically raped a woman living in his home who was under his employ, should be barred from bringing another woman into his home, under his employ.

How is it that one rape is not enough to make that official?

It's not even as difficult as when to bar an ex-convict from a certain type of work: it's barring someone from employing someone else for in-home services. This shouldn't be difficult.

I have to ask. are the women these one-time-rapists allowed to hire going to be told of their new employer's history? Will they have any way of knowing they are being hired by someone who was once convicted of raping someone just like them, under the same circumstances? I doubt it.

If only this were surprising: this is the same country where an Indonesian domestic worker taped herself being raped after none of the authorities she spoke to took action - her brokerage firm even saying "do what you want" (as though it were consensual!), "just don't get pregnant." She later tried to commit suicide - she'd been raped so often that authorities could not determine how many times it was. That same story was picked up by Liberty Times who made it all about how this was such a loss of face for Taiwan, rather than about what the woman had suffered and bringing her rapist employer to justice. Reporting elsewhere on this incident was hardly better, with much of the focus of the story being on the woman's "emotional irritability" and "extreme instability", which apparently made it hard for police to get a full statement.

Of course she'd be extremely irritable and emotional after not only having been raped repeatedly, but also treated dismissively by the brokerage firm. How many rapes did it take for her to be able to make that video and finally, slowly, start to seek justice? How bad was it, that she tried to kill herself? And yet, the press makes it all about Taiwan, almost implying that her "emotional instability" was part of the problem when the case came to light.

What if she'd been raped once, and hadn't made that video, because nobody expects to be raped by their employer?

Would that have been enough, or would one rape not be worth the currency needed to get the attention of authorities.

Would her rapist be allowed to hire another Indonesian care worker after a few years, bringing them into the same situation, if he'd only raped her once?

How can anyone think such an attitude is acceptable?

As much as I tout Taiwan as being ahead of the curve when it comes to women's rights and women's equality in Asia, we still have a long way to go, including - perhaps especially - in the way society treats foreign female labor.