How to help Hong Kong refugees without calling them "refugees"

Since the imposition of the National Security Law on Hong Kong and renewed protests in opposition to it, there has been a great deal of discussion regarding whether Taiwan is obligated to help Hong Kong (honestly - no), whether helping Hong Kong is the right thing to do (yes), and what exactly Taiwan can do to help.

Despite some Taiwanese saying that they need to prioritize the well-being of their own country rather than helping refugees - a false comparison, as any nation can do both - I do believe most want to help Hong Kongers fleeing their increasingly authoritarian city. How to do that, however, is not clear.

Measures are expected to be approved on Thursday (article in Cantonese, but there's a decent English rundown here) to help political asylum seekers. According to Radio Free Asia, this would include vetting both by Hong Kong and Taiwanese human rights lawyers at different stages of the process, help with housing, including centralized housing options, and financial and employment aid upon arrival. These measures are based on Article 18 of the Act Governing Relations Between Hong Kong and Macau, and would amend Article 25 of that same act, which concerns transportation of goods and people between Taiwan and Hong Kong/Macau.
There are many questions that still need to be addressed, however. Until very recently, the Taiwanese government was saying that Hong Kongers coming to Taiwan should not be considered "refugees" because the term was too 'emotionally sensitive' - I can't find a link right now but will source one soon.  Of course, the real reason is that considering Hong Kong's status vis-a-vis ROC and PRC laws, specifically designating Hong Kongers fleeing to Taiwan as "refugees" is very murky legal territory. As early as 10 days ago, the Tsai government was saying no new laws were needed, even though refugees and advocates say that current mechanisms are clearly insufficient. 

If the laws won't change, whatever happens on Thursday is not likely to open more pathways for Hong Kongers than the ones which already exist: work or study, which visas that not everyone can get; investment, which is really only for the wealthy; or throwing oneself into an ill-defined humanitarian legal system that is just being set up. 

Honestly, there is more we could do. Simply making it easier for Hong Kongers to get visas to come to Taiwan would be a start, as would prioritizing the opening of a 'travel bubble' of places that have handled coronavirus well, which would include Hong Kong. Having a wide array of visas to choose from would ensure more Hong Kongers might find a visa that applies to them.

Here are some ideas for visa classes that could be opened to Hong Kongers, if they don't exist already. Some have already suggested this, but the talent they seem keen on attracting is still far too narrow. Many of these are already available to people from some countries, though I'm not clear what the entry requirements are or if they are available to Hong Kongers. Changing the requirements or applicability of these visas wouldn't require new laws - existing ones could simply be amended.

Employment-seeking visas: give Hong Kongers who apply and pass a security check a visa with a generous time limit, during which they may seek employment, with few (if any) restrictions on what that employment is. Make it possible to convert this visa into a resident visa with a work permit in Taiwan. These could be broadly open to just about anyone. In addition, barriers to what sort of jobs and salary offers qualify one for employment should be relaxed - for everyone, not just Hong Kongers.

Entrepreneur visas: for Hong Kongers who have a bit more cash and could conceivably open their own small business. Make the requirements for this low - even a street stall or coffee kiosk would be sufficient.

Study and academic visas: offer a wider range of student visas, including a visa simply for signing up for classes at a language center. 

Artist visas: this class currently exists, but is extremely hard to get (I don't know anyone who has successfully obtained one). Make it easier to get, so that all you need to do is prove you've had some commercial success with your art - whether that's fine arts, getting DJ gigs, getting paid to write or design or sell your handmade goods...whatever.

Reduce requirements for work visas: end the salary and some of the educational requirements for obtaining a work visa for those who can get hired, so that the current requirements aren't overly onerous. As it is, most front-line protesters - that is, people most in need of a way out as they will absolutely be targeted - are young and probably don't meet the current requirements.

Certainly, financial, housing and legal assistance are also important.  By centering these, Taiwan is clearly expecting an influx of people arriving and sticking around without any legal status, and that's an important thing to consider. However, alongside these, more legal means to come to Taiwan need to be put in place. 

Just a few years ago, the media was focused on discussing "brain drain", especially from Taiwan to China.  This is just one of seemingly hundreds of articles dissecting the topic. If that really was an issue, and Taiwan has a talent and labor shortage, it would be beneficial to let Hong Kongers who want to start a new life in a free country do so. 

Obviously, anyone applying for these would still have to undergo some sort of security check. We can assume that the CCP would attempt to funnel in bad actors through a more open visa system in Hong Kong, especially in these times. However, once they do, an influx of talented Hong Kongers who share Taiwanese values such as respect for human rights and democracy can only be good for the country. 

Should Taiwan formalize a political asylum process? (Yes.)

I've used this as a cover photo before, and probably will again.
I hope someday it might actually be true. 

With the resurgence of protests in Hong Kong after China's announcement of a Beijing-imposed national security law which will certainly curtail the relative (but dwindling) freedoms that Hong Kongers currently have, there has been a lot of discussion in Taiwan on the degree of assistance the country can provide to Hong Kong. In particular, the discussion has focused on whether and how Taiwan might go about allowing political refugees to settle in Taiwan.

President Tsai's remarks on the matter, while hitting all the right notes in terms of promising that Taiwan will do what it can, have not offered much in the way of specific plans for this assistance. At the moment, Taiwan has no laws regarding refugees, nor a process for applying for political asylum. Regarding Hong Kong specifically, Article 18 of the Act Governing Relations with Hong Kong and Macau says that Taiwan may "help" residents of these two cities if their political freedom is in danger, but doesn't specify what that "help" would be (nor what would constitute a threat). The act provides special status to Hong Kong and Macau, allowing for greater investment and a popular immigration scheme. I know someone whose family immigrated this way when he was a child, and he holds both ROC nationality and a Hong Kong ID card.

While the TPP (Taiwan People's Party) has proposed amending Article 18 to specifically allow for political asylum (see link above), Tsai is moving cautiously. Previously, the Tsai administration had said that current laws were sufficient to determine whether to allow dissidents to settle in Taiwan on a case-by-case basis, though whether this still holds true is highly questionable. Furthermore, Tsai has announced that Hong Kong's (and presumably Macau's) special status may be revoked, which wouldn't even allow for the vague promise of "help" in the relevant act - Hong Kongers and Macanese would be treated like any other citizens of China.

So, as it stands now, there are surely plenty of Hong Kongers looking at Taiwan as a place they might run to if things get really bad, which they probably will, and Taiwan has no mechanism by which to aid them, despite promising some unclear form of "assistance".

Of course, it's more legally complicated than that, but I really don't want to get into the legal complexities of separating the notion of "Hong Kong" from the notion of "China" (or the PRC) under ROC law. I'm not qualified and honestly, I'm sure if Taiwan really wanted to create a mechanism for Hong Kong refugees, it could do so.

Public opinion in Taiwan remains somewhat divided. I have no data to back this up, but I would guess that most Taiwanese support Hong Kong's struggle in an abstract way. Surely they are aware that China's actions in Hong Kong are a look into the future that the authoritarian hell-state has planned for Taiwan. Surely, when it comes to individuals who need to get out, most Taiwanese would believe that their country should be a safe harbor for them. Surely, many Taiwanese recognize that while Hong Kong may not want 'independence' as much as Taiwan does - it was never part of the protesters' famous 'five demands' - they share a common enemy and their struggles are therefore linked in some way.

However, there are questions regarding the safety of allowing large numbers of refugees in - surely, Beijing would attempt to plant as many agents in that influx as possible. Furthermore, allowing a stream of Hong Kongers, who can naturalize more easily than foreigners like me, to potentially gain the right to vote has some people questioning the wisdom of large-scale resettlement. In theory, enough of them may maintain a 'Chinese' identity (rather than a Taiwanese one) that they'd support unification with China, were it to democratize. For many Taiwanese, however, their identity exists independently of China, meaning they would not support unification under any circumstances and wouldn't appreciate a population of newcomers who might feel differently.

Some Taiwanese might even feel that, until fairly recently, Hong Kongers looked down on Taiwan - while I can't personally comment on this, I can imagine it happening, and do believe it's happened - as sort of 'country cousins' who were relatively less prosperous. Now that Taiwan as emerged as a freer and more equal society, Taiwanese who have experienced this attitude from Hong Kong might be thinking - "oh, you mocked us for decades and now you want our help?"

And, of course, some feel that Taiwan is always expected to give to others, but is castigated when it looks out for its own self-interest and makes decisions that are best for itself as a nation, rather than feeling obligated to always absorb the suffering of others.

Should Taiwan feel obligated to assist Hong Kong, potentially allowing refugees to settle here? No.

Is it the right thing to do anyway? Yes.

Hong Kong is, unfortunately, legally a part of China. Taiwan is not. Taiwanese, by and large, don't identify as Chinese. Hong Kong is beginning to catch up in this regard, but you'll still meet plenty of Hong Kongers who identify as Chinese, especially among the older generations (not so much the younger ones). In that way, Taiwan doesn't 'owe' Hong Kong anything, any more than any other nation - they are two different countries with two different identities, after all. To her credit, Tsai did not use Hong Kong protesters as props during her re-election campaign - the connections between her vision for Taiwan and the struggle for freedom in Hong Kong were made entirely by supporters (and rightly so - but that does not change the fact that this was not Tsai's strategy).

However, Taiwan under Tsai has made it clear that it wants to be a beacon of freedom and democracy in Asia. Tsai has said clearly that Taiwan is independent, and outlined what kind of country it ought to be - one where liberal values can merge with local culture and be the stronger for it. This isn't a question of what Taiwan 'owes' Hong Kong, which is nothing. It's a question of what kind of country Taiwan wants to be.

I do think that liberal democracies should strive to be safe harbors for those persecuted under authoritarian regimes. That means that, while Taiwan isn't specifically obligated to Hong Kong, the liberal democratic world as a whole is. As a part of that world, I hope that Taiwan will see that it would simply be the ethical thing to do. That said, this means that other nations - the UK especially, as they helped create this mess, but not only them - should also step up and support Hong Kong in the same way. After all, while Taiwan and Hong Kong bear the brunt of China's aggressive expansionism, the CCP is a common enemy to us all.

The fear of Chinese 'plants' among fleeing Hong Kongers is real, and reasonable. The CCP will almost certainly try this. However, I have never met a proponent of helping refugees, in any country, who believes that every last one should be allowed in with no vetting process. Vetting processes are rarely discussed, but they do exist in the United States - well, they did back when the United States cared about refugees - as elsewhere. Of course, Taiwan's vetting process needs to be ironclad. Nobody can reasonably argue otherwise. Of course, any political asylum process would have to take into account what's best for Taiwan, first and foremost. Nobody can reasonably argue against that, either.

I'm in favor of rules and procedures surrounding the process, to make it safe and tenable. But to support that, one must support their being a process at all, which there currently isn't.

I'm less worried about a 'loss' of Taiwanese identity. While cultural and identity barriers are often unclear, there is a 'thing' we might label as 'Taiwanese identity'. I couldn't tell you where it begins and ends, but I can say that I'm not included in it, which means the border must exist. But, one thing I have come to love about this country is that identifying as Taiwanese has the potential to be more fluid, as it is a more multicultural society than people realize (just because most of the cultural groups within it look generally 'Asian' does not mean they are the same). It's the sort of country where, perhaps, someday, the words on the welcoming sign at the National Museum of Taiwan History might actually be true:

All those who identify with and are concerned about Taiwan, who love and accept Taiwan, and who wish to live together in this land can declare with a loud voice "I am a Taiwanese". 

This posits a civic rather than ethnic identity (in fact, the entire passage argues against an ethnic identity for Taiwan, both practically and ethically), where perhaps shared cultural norms and perceptions play a part, but shared values do too, and who your parents were doesn't have to matter as much.

I'd like to think that someday, with luck, that this could include me, though I wouldn't be so arrogant as to claim it does now. It has come to include the descendants of the KMT diaspora who wish to claim it, many of whom - especially the younger ones - have come to identify as Taiwanese and support Taiwanese nationhood. So why not Hong Kong refugees and their descendants, too?

That is to say, Hong Kong refugees might not arrive thinking of themselves as Taiwanese, but that does not mean they won't come to identify that way someday. The person I know who emigrated here as a child considers himself Taiwanese, after all.

As for any Hong Kongers' previous superiority complexes, my personal feeling (though I have absolutely no right to insist on this) is that it shouldn't cloud the question. I understand the hard feelings, but Taiwan has proven itself, period. It's shown that it is simply a great nation and open society, and can do great things, it is the inferior of no one, and there is no basis to treat it as such. It's the envy of Asia with its democratic values and the envy of the world in its coronavirus response. The point is clear and it doesn't need to be made through excluding refugees.

That said, the TPP is also wrong: Article 18 isn't the issue. If Taiwan wants to be a model of liberal democracy, and liberal democracies around the world have a moral imperative to accept refugees - which I believe they do - then there should be an asylum process that is theoretically accessible to people from anywhere, not just Hong Kong and Macau.

There is no obligation. Nobody 'owes' anyone anything. Taiwan doesn't 'have to' do this, just as nobody 'has to' help others in need. I understand the source of disquiet or unease surrounding the issue, and I am sympathetic to the concerns of people who don't necessarily support this.

But, considering the kind of country Taiwan clearly wants to be, and the country I truly believe it can be (and in many ways already is), I think it would simply be the right thing to do.

Just do it properly, with proper vetting and other procedures. Taiwan is a capable, successful country. It can surely pull this off. 

Nobody should need a personal "refugee fund" to feel safe in a developed democracy

Hey Taiwan residents - both foreign and local - do you have a refugee fund?

That is, personal savings or some other safety net that you are preparing in the event that a Chinese invasion of Taiwan forces you to leave?

I do. I don't want to leave, and would not do so unless I absolutely had to - we're not talking "the invasion is coming soon", we're talking "my house just got bombed, people are dying and I have nowhere to go." And I only mean that in the event that I am not a citizen: I don't owe my life to a country that won't even give me a passport. If I had obtained Taiwanese citizenship by that point, however, that's a different obligation and I would stay and fight.
The money I have set aside could be used as a down payment on property. If I don't need it, it will be part of my retirement fund. I could use it to pay off my student loans. There are a million other things I could do with it, but I may need it for this purpose and don't feel safe not having it available, so here we are. 

Of course I'm very privileged that I'd even be able to leave (a lot of locals would not be) and that the money is there, but here's the thing.

I should not need to set aside money specifically for my escape from a free and developed democracy due to a highly possible invasion by a hostile foreign power. Nobody should have to.

Not in a country that actively wants to exist in peace, and has no desire to start any wars with any other nation. 

I should not need to wonder, quite pragmatically, whether the rest of the world will tolerate a brutal dictatorship violently annexing the world's 22nd largest economy, one of the US's top trading partners, with a population comparable to that of Australia which is free, basically well-run and friendly to other nations. I should not need to consider whether my decision to stay or go - and the money I need to do that - may well hinge on whether that help comes. 

I'm reasonably sure all of my friends in Taiwan - local and foreign - can understand this.

I am not sure at all that my friends abroad do, though. I'm not sure especially if people I know in the US, Europe, Japan (all developed countries/regions, a group in which Taiwan also qualifies) and beyond are aware of what it's like to have a practical, non-insane notion that they might have 30 days' notice that their life and livelihood as they know it is about to be over. Where "getting out" and losing everything would be the better outcome, and how many more people (again, the population of Australia) might not even have that option.

So I still hear things like "oh but you don't want US help, it'd be just like Iraq or Syria, they'd wreck the place!" or "I don't want your city to become another Fallujah."

Do they understand that it is China who would turn Taipei into an East Asian Fallujah? 

And that their and their governments' wishy-washy response to Chinese threats against Taiwan are a part of why I need to have this fund at all? 

That they think they support peace, but in fact they'd leave us (foreign residents and Taiwanese both) to run or die in war? Do they understand what it would be like for Taiwan to be forcibly annexed by China? Do they understand that giving in and just surrendering to authoritarian rule - and the loss of very real and important freedom and human rights - is not an option? That there is no One Country, Two Systems?

Over the past few years I've come to realize that while at heart I want to be a dove, I can't. Sure, I agree that the US is a neo-imperialist murder machine. Fine. We suck. I won't even argue that we don't. We've done so much harm in the world.

But Taiwan is not Iraq. It's not Syria, it's not Iran or Afghanistan or Central America. It's just not. It's not even comparable. It has its own military and simply needs assistance (or the promise of it, to keep China from attempting an invasion). It has its own successful democratic government and rule of law (I mean...basically. Taiwan does okay.) There'd be no democracy-building or post-war occupation needed. It just needs friends. Big friends, who can tell the bully to back off.

So, y'know, I don't give a crap anymore about anyone's "but the US is evil!" I just don't. Y'all are not wrong, but it simply does not matter. China wants to wreck this country, not the US. China's the invader and (authoritarian) government-builder, not the US. China will turn their guns and bombs on Taiwanese, not the US.

And if you're not the one who has all those missiles pointed at them, you're not the one with lots of friends who could lose everything (including their lives), or lose everything yourself, and you're not the one actively building a refugee fund to escape an otherwise peaceful, developed and friendly country, then you can take all that "but the US is evil!" and shove it. This is a real world situation where we don't exactly have the luxury of choice in who stands by us. There isn't a "better option". There just...isn't.

Unless you think a friendly, open and vibrant democracy being swallowed by a massive dictatorship and losing all access to human rights is totally fine, or that having a refugee fund when living in said open democratic nation is normal.

It's not normal. My refugee fund should not have to exist. Please understand this. 

It is really hard to support Taiwan (Part 1)

Greetings from England!

You probably won't be hearing as much from me as I start the 2nd semester of my Master's program, but I'll pop in from time to time. Don't expect me to be on top of the news cycle - but then, I had always intended for Lao Ren Cha to be about commentary, not original reporting, so I'm not sure it matters.

Anyway, despite having a few postcard reminders of Taiwan on the bulletin board in my less-than-stellar dorm room, I have to say, domestic news over the past few months has not been making it easy to love the country.

I could cite many stories to make my case, but I'll stick with two. The first is reminder we seem to periodically need that the Taiwanese fishing industry goes beyond deeply unethical and straight into 'human rights abuses' and 'slavery'. Yes, slavery. To the point that I don't each much seafood in Taiwan anymore. I am sure there are other ways I consume that uphold exploitative systems which I'd be horrified to know more about, but I am now so hyper-aware of how fishing companies operate in Taiwan that I've lost my taste for seafood in particular.

The other one is the more recent news that Taiwan is essentially complicit in Australian human rights abuses, by agreeing to give medical care to refugees in detention on Nauru so as to ensure they never set foot on the Australian mainland. Of course those refugees need care, and they will be well cared-for in Taiwan, but the purpose is to make it impossible for them to access the Australian court system as refugees who do have the right to apply for asylum. This is unacceptable on the part of Australia, and Taiwan is facilitating this flagrant flouting of human rights.

And, of course, Taiwan itself talks big about caring about refugees, but in fact doesn't really accept them (there is no provision for the granting of asylum or refugee status according to that Taiwan Sentinel link, corroborated here). There are people who have refugee-like status in Taiwan, but...well, it's complicated. Although Taiwan provides some assistance to refugees abroad, this still means that President Tsai's claim that Taiwanese are 'empathetic to refugees' reads like an Asian version of "thoughts and prayers".

So not only are we not taking in refugees ourselves, we're also helping other countries avoid their obligations to consider applications for asylum by ensuring those refugees never have a chance to apply. Taiwan's actual treatment of refugees is like turd sauce on a turd burger, with the aid we do offer being a pretty okay pickle that nevertheless does not improve the giant turd entree we plop down at the international table.

The thing about advocating for Taiwanese de jure, recognized independence as Taiwan (not the Republic of China) is that a huge part of my most convincing arguments rest on what an exemplary country Taiwan is. I talk of people I know who were sent to Taiwan for work, and later found the country so much to their liking that they chose to return as retirees. I speak of a vibrant history of social movements. I speak of how Taiwan insisted on democracy for itself, and won. I speak of friendly - no, not just friendly, but kind - people I know who have become local friends, in a world where many foreign residents struggle to forge truly local connections. I speak of how, although there is room to improve, Taiwan has had, and continues to have, some of the most robust LGBT and women's rights movements in Asia. How in many ways, in the way its government is modeled, it looks to the liberal democratic West and is on the forefront of the fight against totalitarianism. I speak of how, in contrast to China, Taiwan does recognize human rights and there are mechanisms in place to ensure people can access them.

All of that is true, but I have trouble maintaining with a straight face that Taiwan is such an exemplary place, a society of kind people with profound respect for human rights within the framework of a successful democracy when, to be frank, they pull shit like this.

It is really, really, really hard to fight for Taiwan when I know what the seedy underbelly of Taiwan looks like, and when it comes to fishing boat slaves and human rights abuses (and let's not forget abuse of domestic workers, sexual and otherwise).

Fighting for Taiwan isn't just about fighting for independence. What does independence even mean if the country we are trying to build is so deeply troubled? It starts to feel like empty, jingoistic nationalism. Taiwan for what exactly? Taiwan for slavers and rapists? Independence for the sake of independence, nevermind anything else? I can't accept that. We must discuss as well how to create a better Taiwan, so that an independent Taiwan will be one to continue to support.

And yet, here I am, still advocating for Taiwan in whatever way I can. I still talk to my classmates, who have no reason to care, about why Taiwan matters. And it does matter, although it can be hard to see that sometimes.

While we have to talk about building a better country at home, I am reminded that every country has flaws. I do what I can to fight for American democracy in the face of powers that would like to see it disappear (including China), despite knowing full well that the US is a deeply problematic place - from the streets not being safe for women and people of color all the way to the selfishness of our foreign policy and all the nutters and religious freaks and sexists and racists and exploitative rich business jerks in between. I'll still stand up for making the US a better place, and I won't say it's not worthwhile. I'll help friends in trouble and refrain from judgement, even if I know their own flaws helped create the situation in which they needed a hand, because we're all imperfect.

I suppose I hope they judge Taiwan fairly, as they would their own country. Americans don't generally read about, say, how communities of color are afraid of the police because their men and women are disproportionately killed and then say "oh well we should just let China and Russia turn us into a dictatorship captained by a stupid orange puppet because nothing is worth anything", so I would ask them to apply the same level of complexity to thoughts on Taiwan, because it's easy to make sweeping generalizations and form poor judgments from them when you don't really know a place.

Taiwan is imperfect too - that doesn't mean it's not worth fighting for. But we might sometimes have to incorporate this plea for complex judgments into the arguments we put forward.

But, damn, it's sure hard to make the case sometimes, when you're discussing the country you call home with people, and not knowing if you should be frank that it is indeed rife with problems just like everywhere else, or hope they never come across the relevant reading material and in light of that information, dismiss everything you've said (I've seen it happen). Or, if they do, that they weigh it against the case you made and understand that every country is flawed.