Showing posts with label taiwanese_laws. Show all posts
Showing posts with label taiwanese_laws. Show all posts

Saturday, November 30, 2019

The anti-infiltration bill doesn't go far enough (plus, the KMT trying to be tricky and failing!)

Untitled
Please enjoy this sculpture of a pig cavorting with a rat.
You know why.


So, there's a lot to talk about in politics this week. Everyone's talking about the anti-infiltration bill that was unveiled on Friday, so I guess we'll start there.

A few things pop out at me about this bill. First, the punishments for 'infiltration', which include using foreign sources or following foreign directives to donate to a political party, "influencing elections" (surely the bill is more detailed than that vague category) and other actions, are quite low. A fine which isn't that high considering the sums of money probably involved in actually attempting to interfere in Taiwanese democracy, or (not and) a prison sentence of "up to seven years".

As a few people have pointed out, it's a lot lower than the sentences for much more minor fraud and crimes that don't do nearly as much to undermine Taiwan's democratic system. For example, if you have a meth lab in your apartment or sell weed on the side, in theory you could be sent to jail for a minimum of seven years, and (not or!) a fine of up to twenty million NT dollars. Possession carries prison sentences that vary, but may go up to ten years and include a fine - more than you'd get for trying to implode democracy! Apparently smoking a little weed is worse than trying to up-end an entire political system.

This is a good time to refresh everyone's memory that the punishments for espionage - a somewhat-related but fundamentally different, and more serious, crime - are also quite low, though they were strengthened in 2019 in response to a string of espionage cases. In the past, civil servants (including career military) convicted of espionage would be removed from their post, but did not necessarily lose their government pensions or have to pay back any pension money they'd already received (that has since changed). Even now, a minimum sentence of 7 years seems light, seeing as it's about the same as the sentence for transporting or selling drugs. Security, training and background checking don't seem to have improved much, though.

As for why Taiwan hasn't upped its game, and is even now falling short, it's all politics. Back when it had power, the KMT didn't want to do much about it because the people doing the infiltrating (or the spying) were doing so within KMT-loyal organizations, such as the military or, in the case of infiltration, KMT-friendly media outlets and political organizations. Of course even now they don't want to admit there's a problem with some media outlets in Taiwan, with proof of foreign influence that goes well beyond the recent allegations of self-proclaimed spy 'Wang Liqiang' - those outlets are working hard to get them back into power, why would they want to hinder their ability to do so?

So why is the DPP's bill so weak on punishments? It was inevitable that the KMT would paint the push to pass an anti-infiltration bill as mere spectacle, a political move to "manipulate the 2020 elections", and it seems to me that the DPP wants to get something done, while trying to signal that they're not using the bill as a political tool.

I'm not sure it was a good decision, though. To me, the bill just looks weak. 


At the same time, the KMT proposed their own tricky-sticky "anti-annexation" bill. To quote the Taipei Times:


At a news conference at the Legislative Yuan, the KMT caucus — which had unanimously boycotted the legislative meeting — unveiled a bill against annexing the Republic of China (ROC), which it said was meant to replace the anti-infiltration bill.... 
The anti-annexation bill says that no civil servant of the ROC may advocate actions that would sabotage the nation’s political system, or change its official title or territory.
They must not make remarks that advocate decimating, absorbing or replacing the ROC, the bill states. 
Civil servants — including the president — found to have contravened the bill would face a prison term of up to seven years, it states. 
The anti-annexation bill is a more comprehensive bill than the DPP’s, as it would not only bar attempts to unify Taiwan with China, but would also prohibit attempts to make Taiwan a US state or part of Japan, as these are all actions that would eliminate the ROC, KMT Legislator Lin Wei-chou (林為洲) said. 

I don't know much about this bill because it's probably not going anywhere, but from what it says here, it's an attempt to shoehorn in legislation that would make it much harder for a pro-independence government to actually do anything about the ROC colonial government construct, or even say anything to that effect. In theory, even statements President Tsai and other DPP members have made in the past, for example, "the Taiwan Consensus", or "Taiwan is a country where..." could, in theory, be violations of this proposed law. It would limit freedom of expression by putting a muzzle on anyone in power to even discuss Taiwanese independence or a unique Taiwanese identity outside of a Chinese (that is, ROC) framework.

Of course, their own rhetoric about the 1992 Consensus, which positions Taiwan's fate as ultimately Chinese, would be entirely permissible under such a law. Since active KMT civil servants never come out and actually say they support unification (even though they often do), it wouldn't be hard for them to avoid violations. All they have to do is insist that by "China" and "One China" that they mean "the ROC" or "the 1992 Consensus", not "unification" while undermining any attempt to take a road that doesn't lead to unification, right up until they've sold Taiwan piece-by-piece to China and annexation becomes inevitable.

And they're doing it to look as though they are trying to pass a more 'neutral' and 'comprehensive' legislation, while attempting to dodge accusations that they as a party are implicated in Chinese infiltration (the same reason why they won't vote against the DPP bill - they know whose faces that egg is on). They are failing on both counts, but will surely have supporters who insist otherwise. Expect all those Chinese-influenced media outlets to parrot the idea that the DPP's bill is "Green Terror" and tout the reasonability of the KMT one. 


This has made me go back to the apparently bipartisan strengthening of anti-espionage legislation earlier in 2019 (Asia Times being the only outlet that called it bipartisan, and I'm not sure how much to trust them), after years of the KMT doing very little about it. If your party is in bed with China both in terms of spies and other forms of infiltration - just different ways of playing for the other team - why would you help pass, or at least allow to pass without comment, an anti-espionage amendment that you were once so loath to do much about, earlier in the same year? Especially when this more recent bill carries fairly weak punishments?

Is it election politics? Or is it that the KMT knows it's far more directly implicated in the latter issue than the former? Is it because they're aware that every single media outlet that is caught up in this scandal is one that supports their candidate?

If the KMT themselves were innocent, and the media outlets involved not necessarily geared towards helping a particular party get elected, wouldn't they just support this fairly mild bill as they did the anti-espionage bill?

Makes ya think.

Actually, no it doesn't. The answer is pretty obvious. 

Saturday, November 11, 2017

No, immigrants are not the key to the labor shortage

Anyone who has even a passing acquaintance with Lao Ren Cha or me personally knows that I am staunchly pro-immigration. It's one of the very few beliefs I actually share with libertarians. I do believe relaxing immigration requirements - not only in terms of naturalization but in terms of the laws that regulate us once we arrive - will be to Taiwan's benefit, not just my own. We contribute to the economy and deserve commensurate rights under a fair-minded policy, and those of us who wish to remain permanently deserve better tools to be able to do so, because we are generally good for Taiwan.

However, I have to say, I'm a bit sick of people referring to a sickly cousin of this argument as a defense of immigration reform: that it will "help reverse brain drain" or that it is "the key to the labor shortage" - that, in order to stem the dual problems of Taiwanese talent moving abroad and a cratering birth rate, we need more immigrants. Despite immigration, in my view, generally being a good thing.

In his recent statements, Premier William Lai was not entirely wrong - we cannot discuss how Taiwan will keep pace in a (so sorry for the lame cliche) "globalized world" (barf) without discussing immigration (link above):

“It is impossible to talk about talent recruitment without touching upon immigration policy,” Lai said, adding that the Cabinet would discuss how to create a friendly immigration environment before revealing its new policy.


However, he is doing more harm than good in referring to us as the key to bolstering the labor shortage:

Lai made the remarks in the last of five news conferences held this week to address the nation’s “five industrial shortages” — land, water, electricity, talent and workers.

No.

First of all, Mr. Lai, do you know what kind of damage you are doing when you revise the new labor regulations in a way that hurts workers on one day, and quite literally on the very next day you talk about attracting immigrants? What kind of message do you think you're sending?

Since perhaps you are not aware, Dear Willy, I will tell you:

You are sending the message that you don't care about Taiwanese labor - that you do not care about the average voters, that you do not care about your own people - because you intend to replace them with immigrants anyway. This does not help. This only lends credence to the notion that the government not only isn't concerned about plummeting wages as a result of ostensibly "cheaper" immigrant labor, but that they are depending on it. It only renders true the recent criticism that the current DPP-led government not only doesn't care about Taiwanese workers and doesn't think they are strictly necessary, but that they likely never did.

You are essentially saying that it is acceptable to crap all over Taiwanese labor rights, because it doesn't matter - you can always get some foreigners in here to do the work.

That not only hurts you, Willz, it also hurts us. It makes us look like the bad guys, which we never wanted to be. We just wanted to build lives here while also being a positive force that contributed to Taiwan. We never wanted to be fingered as replacements for Taiwanese labor, nor the reason why it was deemed acceptable to further worsen an already problematic set of new labor laws.

Stop it, WillWill. Just stop. No.

In fact, as wrong as New Bloom was regarding immigration regulations in other countries, they are right about the disastrous effect the DPP's  changes are going to have not only on Taiwanese labor and the brain drain, but to their own popularity. They are going to pay for this, and you know what? They should.

The solution to Taiwan's labor shortage is simple. Four words.

Treat your workers right. 

In fact, I have a problem with the whole "brain drain" debate. I'm a bit sick of people like me - "foreign talent" - being touted as a "solution". Not just today, from the mouth of Billy Lai here, but generally.

I'm not sure why more people are not saying this, because it's bleedin' obvious to me - the solution to Taiwan's brain drain is for Taiwanese employers to treat their workers like human fucking beings.

Pay them a fair wage - a wage on par with what they can earn in other countries at a similar level of development (and some that aren't, like China). Then the most talented among them won't feel the need to go abroad to seek work. Paying them more further makes it easier for them to start families, which will help slow or reverse the declining birth rate. Considering that Hsinchu County has a high birthrate (a student once told me it was the highest) in the country and is an affordable place to live while still having a number of professional jobs thanks to the tech sector, it is clear that given a reasonable income vis-a-vis expenses, that Taiwanese want, and will have, children. Save a number of women who have figured out quite rightly that traditional family roles in Taiwan don't offer them a particularly good deal in life and have therefore decided to remain child-free, if they're not having kids it's not because they've lost interest - it's because they feel they can't afford them. Pay them more and watch that magically change! WOW!

I'm a regular magician, I know.

Give them reasonable working hours. Quit it with handing them work in the late afternoon and then promoting a corporate culture where they feel pressured to stay late to finish what they've just been given. Quit it with the hiring of one person to shoulder a workload best split between two or three people - seriously, stop that. You're not helping yourself or anyone. Tired workers are not innovative, efficient or productive workers. Give them reasonable paid vacation and let them leave at a reasonable time (5 or 6 - with overtime being a rarity asked for and paid for accordingly when an issue is truly urgent - and no I don't mean like now where every issue is urgent, because they're not and you know it - and a full 2-day weekend, even if it doesn't always fall on traditional weekend days).

If they have more free time not only are they better workers - win for you! - but also they have more time to get busy, which means more kids.

Give them room for growth. Stop pushing them down and then wondering why they're not happy with it.

Stop being dicks to them - stop it with the nonsensical orders, the immature management, the babying, the corrupt practices, the passive-aggressiveness and the lying. Not every boss is like this, but for those you are - we see through you. The average Taiwanese employee is no idiot, and knows your stupid game. Why do you think they want to leave? Why do you think they aren't having kids, when they're too tired to do the horizontal tango and too broke to feel they can give their would-be kids a good life?

Basically, treat them well. 

Honestly, most talented Taiwanese who leave probably would have preferred to stay, bar a few adventurous types who just want to see the world (fair - I'm like that too). Taiwan is a great place to live. It's a developed country. It's friendly and fairly safe. It's their home, and enjoys a high standard of living and relaxed lifestyle. Few would leave if they felt they got a fair shake here. Some might start their own businesses, but many would work for you, and you'd be better for it.

So stop saying people like me - or workers from South and Southeast Asia - are the "solution" to this problem. We can and do contribute to Taiwan, and many of us do want to stay. The smarter ones among us support immigration reform, but make no mistake - we are not your easy answer.

The solution is and always was to treat your Taiwanese workers better.

Protect this with robust labor laws, and engender it with moves toward a deeper culture shift in which the crap doesn't sluice from the big roosters top through cages stacked like a chicken coop to the workers clucking below.

Treat. Your. Workers. Better.

Stop using us as an excuse. Engage with us for what we can contribute, not as a way to avoid improving local conditions. By touting us as the solution we never wanted to be to a problem you helped create, you hurt us, you hurt Taiwanese workers and you -William Lai and the entire Tsai administration - hurt yourselves. 

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.