Sunday, November 19, 2017

Marriage equality is coming - so why are people still upset?

This isn't a rhetorical question, nor is it meant to imply that those who are unhappy at the seemingly slow pace of the Tsai administration on making marriage equality a reality should not be. It's a sincere question, and worth diving into.

First, a backgrounder: on May 24th, Taiwan's judiciary ruled that, as the Constitution of the Republic of China guaranteed equality for all citizens, that this must include marriage for all citizens, and therefore marriage equality must be allowed in Taiwan. However, instead of this ruling taking immediate effect, the court gave the government 2 years to enact a law addressing this, or amend the civil code. If they do not, after the two years are up (so, May 24 2019) the civil code will simply be interpreted to include both same-sex and opposite-sex couples.

The ruling was handed down six months ago, and so far the government has not taken action. A marriage equality bill was not included in legislation deemed a 'priority' by the Legislative Yuan in their current session, although newly-appointed Premier Watermelon William Lai has said that the a marriage equality bill will be filed by the end of the year and has vowed to "realize" same-sex marriage in Taiwan.

None of this should matter, in theory. The court has spoken and the legislators and Tsai could sit around with their thumbs up their butts and the result would be the same - if they don't act we get marriage equality anyway. In 18 months no less - not that long in the grand scheme of politics.

In fact, Frozen Garlic made the argument - and I largely agree - that the DPP is actually on our side when it comes to marriage equality (scroll down to find the relevant information in that link). They know that passing a civil code amendment is politically infeasible given that a large portion of their support are older southern pro-independence social conservative sore losers who know they've lost but don't want the civil code changed nonetheless. They also know that passing a law papering over the civil code won't please pro-equality activists who want to see a more fundamental change.

In fact, it's notable that the DPP legislators who are openly pro-marriage equality are almost entirely party list. Elected ones? Not so much.

So what is the DPP to do, considering these opposing forces and desire to stay in power? Nothing at all, perhaps, allowing the interpretation of the civil code to change while neither having to anger activists by passing an imperfect law, nor pissing off their more conservative supporters by proactively amending the code.

Thinking this way, you might even think they're on our side, and they might well be.

And yet, tensions are still running high and people are still unhappy with the government's lack of movement on the issue. Why? In less than 2 years they get what they want regardless.

There are a few reasons.

The first is that 18 months is a long time if the lack of equality affects you directly. People get sick and die in that time, and being married or not matters in terms of visitation, medical decisions and inheritances. or have life changes for which marriage matters to consider (for example, being offered a job abroad and wanting to bring their same-sex partner, but only being allowed to bring a spouse). I have one friend residing in Taiwan who recently married in the US, and is hoping to get his husband a marriage visa and residence permit. That is not possible until marriage equality is realized. That's quite a few visa runs at a not-insignificant expense. I have quite a bit of empathy for those whose lives are on hold despite the court ruling that Taiwan is a country that promises equality, because the government is not acting to implement the ruling. It sucks to be told "you have to wait for your basic human rights", even for just 18 months, and not even be sure at the end of that time what rights you will gain.

It stings even more to think that the reason why is because, if you are gay, some of your fellow countrymen do not fully support your equality, and the DPP is pandering to that. Their votes matter more than your humanity. It's politically pragmatic and therefore explicable - Tsai is their representative too, after all - and yet not necessarily forgivable if your life is directly affected by such political calculus. This is an idealistic take, and yet I have empathy. It's simply not persuasive to point out that this is what's happened: that's what loses progressive votes; it doesn't win them.

Another reason is simple worry over how "same-sex marriage" will shake out in reality. Note that I specifically did not say "marriage equality" here: if the government passes a law, LGBT Taiwanese are justifiably worried that the law will legalize same-sex marriage, but not necessarily grant equality. Same-sex marriage might well not be considered to include some of the benefits associated with opposite-sex marriage: the right to adopt and to fertility treatments/artificial insemination (currently not allowed for 'unmarried women', which same-sex female couples still technically are) are chief among these potential issues, but there are others.

However, similar questions will be raised if nothing is done by the 2-year deadline. If the civil code is simply interpreted to include same-sex marriage, how is that then interpreted in all specific details, including adoption, medical emergencies, inheritance, fertility treatment and other spousal rights?

This is understandably causing a lot of stress in the LGBT community, who can't be sure which option is better, as neither is ideal. Neither is an absolute guarantee not just of "same-sex marriage", but of full equality. There is worry that if social momentum pushing for marriage equality does not build again, that opponents will gain ground and full equality won't be realizable. These opponents are already going after legislators who support marriage equality as well as focusing on bogus, bigoted and frankly sexist "gender education" efforts in schools.

There is no clear solution here - if conservative blowback ensures that a proactive civil code amendment is not forthcoming, then there is nothing to do but stress out over which outcome might be worse.

There is also the sense that Tsai is, to put it bluntly, a coward or "people pleaser".

I don't necessarily agree with this, or rather, if she is a coward, this isn't the reason why (the nonsense regarding labor protections, however, is a different story).

I also don't see her as a people pleaser, given how many people she has actively displeased with her non-committal stance on marriage equality. She must be aware how many young progressives and LGBT Taiwanese are angry with her over what looks like more waffles than an Eggo factory. She and her party have likely concluded that it doesn't matter - it will happen anyway, the young progressives have no better alternative, and it's more important not to anger the southern conservatives.

However, I see the reasoning behind such vitriol.

If she is a coward on marriage equality, it's because the court ruling allowed her to be. She doesn't have to take a stand, because marriage equality will happen even if she takes none. This has given so many LGBT Taiwanese and other pro-equality activists a deeper sense of discomfort that she was given an escape hatch, a way out of having to make a tough decision, and so they doubt her.

If it really came to it, would she fight for us? If she had to? Or would she choose her more conservative voters over us, and over what's right?


We don't know, but given her muted response to LGBT activists between her inauguration and the May 24th ruling, I can't say with confidence that she would. Of course that makes those whose lives are affected by the wait for marriage equality nervous about her administration.

In fact, the lack of meaningful affirmative support for marriage equality - despite its being all but assured by the courts - is a part of the problem. Tsai (and the DPP) are not going to win the LGBT vote this way: "sure we sort of backed down on issues that affect you, but vote for us because the KMT is worse!" is simply not a winning message. Whether or not this is fair almost doesn't matter: it doesn't win votes. It's a stinker of a message, thoroughly unpersuasive.

Although the conservatives the DPP has to play to are perhaps more problematic than the moderates the Democrats tried to woo in 2016, they are making the same mistake: they're hoping a "sorry we didn't stand up for you more strongly but hey, the other guy is worse" message will win progressives in 2020. It didn't in the US in 2016 and it won't in Taiwan in 2020. Nor should it - the choice to play to your more conservative supporters may be politically calculated, but it does (and should) come with consequences.

Finally, I can imagine that many who threw their support behind her feel manipulated. Remember that during the campaign she came out as personally in favor of marriage equality, but never actually made that an official platform of the DPP or her campaign. That gave her the ability, technically, to then not push forward with it after her inauguration. After all, she never actually promised to.

However, she gave the strong impression that she not only wanted to, but would do so. To be let down on a technicality feels like manipulation to win young progressive votes, and to some extent it is. She must have known that we had faith in her and believed she would fight for us despite never making any concrete promises. Therefore, neither she nor any political observers can be surprised when we express disappointment at, if not "backtracking", her lack of responsiveness since taking office.

I do think Tsai is the best choice for 2020 (well, if she can quit throwing labor under the bus that is), and she is certainly better than another KMT princeling. If I could vote, I would vote for her. However, if I were gay, I am not so sure I could say that. I would feel too betrayed, too manipulated, too disappointed. If I were a gay Taiwanese voter, I am not sure there is a major party I could support at all.

In the end, I don't know what the way forward is. I want marriage equality to be realized in Taiwan before mid-2019. We can and should do better by those whose lives are directly affected by the current lack of rights. I want true equality, not simply same-sex marriage. I don't know how to best realize that, and perhaps the DPP's likely calculation is correct: allowing the civil code to simply be interpreted to allow same-sex couples to wed is the best way forward for all. Perhaps it will be easier to fight battles for full, true equality if we don't have to fight to amend an imperfect law, but rather for the civil code interpretation to include that equality.

Or perhaps it really would be too much of a mess to wait until 2019 and an imperfect law now is better than none at all. I don't know.

Perhaps we need better communication from the DPP - some assurance that they are, in fact, on our side and have decided that this is the best way to help us get what we want. I can understand how nervous LGBT people in Taiwan must be absent a strong affirmation of support from the ruling party.

This is not impossible: if they really do believe that waiting for the civil code interpretation to change is to the advantage of LGBT people in Taiwan, there is a good argument to be made there that could potentially help them retain the support of young progressives. Why aren't they making it? I want them to win in 2020, so I want them to communicate better.

They need a better message, a more persuasive one. I want them to create this message and it is frustrating that they are not doing so.

All I ask is that we continue to remember that, as we debate this issue from the safety of our relative privilege, that there are people whose real lives are affected by this, right now, across Taiwan.

We may not agree with their reasons for being upset, and we may not feel that way ourselves, but we need to remember that they are upset, and there is some justification for this. It may be hard to imagine that this is a stressful time for Taiwan's LGBT citizens and residents, given our recent victories. Yet it is. Remember that, despite marriage equality (or at least "same sex marriage") coming no matter what thanks to the courts, that LGBT people are waiting to see exactly how much "equality" the government will decide they get. Tempers are running high, but that's understandable. I'd be upset too.

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. 

Sometimes I change my mind

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You know, I have said that I have trouble voting my conscience in American elections, because the people I support on (almost) every other platform are the people who either don't care or seem to be just plain wrong about Taiwan (although even that is sometimes hard to gauge). It's the same reason why I do not attempt to get into more hardcore pro-Taiwan advocacy in the US - when it comes to the conservative blowhards whom I want to mouth-punch on one hand for trying to take away my bodily autonomy as a woman, I doubt I could just turn around and talk to them civilly about Taiwan. It's my reproductive system they want to get their grimy hands in - it's kinda personal. I can't distance myself from it the way a lot of (male) people who are not threatened because of their gender can. I don't doubt they abhor it as well, but the ability to compartmentalize...well, that seems like a really nice privilege of having a penis.

I have also said that, while I was generally a Sanders supporter back when I could be one, and did vote for him in the primary, that I was concerned about what kind of president he would be vis-a-vis Taiwan. He was not exactly known for his foreign policy acumen, or at least was seen as weak in that area.

I mean, Trump is Trump and he's just hair and fart sounds so whatever, but generally Republican presidents have been better for Taiwan than Democratic ones. Those same Republican presidents have been bad news for women.

When you love Taiwan but have a vagina, this is a problem. It didn't seem possible to fully vote my conscience, because it appeared that those I could never vote for had the best possible Taiwan policy - that's not to say great, but the best thing going under the circumstances - and those I otherwise supported, shall we say, did not.

I had friends assure me that support for Taiwan was bipartisan, but that seemed unlikely in a world where Republicans were in the media doing everything I wanted Democrats to be doing - meeting with Hong Kong dissidents, introducing pro-Taiwan legislation. Then we have (rumors? Leaks? Real? Fake? Who even knows?) that Hillary Clinton wanted to discuss ditching Taiwan.

Then I saw this letter urging President Hair and Fart Sounds to support the Taiwan Relations Act in light of his (then upcoming) visit to China to meet with President Angry Pooh.  And unless it's some elaborate troll job aimed specifically at me (it's not), it induced elation and despair at the same time.


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Robert Menendez. Ron Wyden. Edward Markey. Chuck Schumer. Chris Van Hollen. Catherine Cortez Masto. Heidi Heitkamp (though I don't always agree with her). Joe Manchin. Sherrod Brown (who says a lot about Taiwan and it almost never seems to get media attention). Gary Peters. Elizabeth Warren. Al Franken. Bernard Sanders.

Now, I'm not trying to claim that the Taiwan Relations Act is the gold standard of the way the world should be treating Taiwan. It's not. Nobody in the world is treating Taiwan the way it should be treated, not even its (checkbook) diplomatic allies. Taiwan deserves better than what it's getting, period. It deserves international recognition and support, including support for changing its governmental framework from fundamentally Chinese to fundamentally Taiwanese. I'm not a fan of support for the "ROC on Taiwan" as a way of opposing Communism or even simply opposing China - I'm not a fan of the ROC at all.

I'd prefer a world in which it was a given that Taiwan could decide its future without international threat, and in which support for Taiwan was based on it simply being the right thing to do - supporting Taiwan for Taiwan's sake and everything it has to offer the world - and not in any sort of relation to how the world handled China. That is, however, not the world we live in.

Considering Taiwan's former authoritarian leadership's complicity in creating the state of limbo the country still finds itself, and considering that "rah rah ROC because we hate the PRC" - and "well, here's the Taiwan Relations Act which is a bit milquetoast but it's something and frankly a unique piece of policy given the situation" are not ideal but are, unfortunately, how the 20th century shook out, I'll take it.

So, I've changed my mind on a few things.

Yes, GOP rhetoric on Taiwan, while imperfect, is still closer to the mark than Democratic rhetoric. Conservative rhetoric on Taiwan is more acccurate - though again, flawed - than liberal discourse.

However, it is clear that despite this, support for Taiwan is a bipartisan issue. Call me a Doubting Thomas - I needed to see it in the flesh. You don't get Al Franken, Elizabeth Warren and Bernie Freakin' Sanders signing a letter alongside Marco Rubio and Ted Cruz if something is a partisan issue. You just don't.

This helps, but does not make me any happier that more than one "friend of Taiwan" is no friend of mine, as a person in a female body who expects bodily autonomy. For every good thing they do or say regarding Taiwan or Hong Kong, I can name some way in which they have tried to subjugate women. The part of me that loves Taiwan cannot reconcile this with the part of me that has, and would like to retain control over, ovaries.

It is also clear that, as much as I might disagree at times, and as much as I might think the US can and should offer something a bit stronger to Taiwan than the weaksauce currently on the table, that those at the top forming policy do, in fact, understand (at least enough of) the intricacies of the Taiwan issue.

Do I entirely trust them? Nope. But I'll take it for now.

So why do I despair?

Because the one thing that consoled me as Sanders left the 2016 race and I cast my vote for Clinton - besides genuinely wanting a female president and knowing that, while I might not like a lot of what she does, I did trust her to do the job competently - was that "Sanders would have been weak on Taiwan".

Except...oops. Nope.

It's not possible to know what a President Sanders would have done vis-a-vis Taiwan, but we can make some educated guesses, and his name on this letter is telling.

And because I actually voted against Chuck Schumer in 2016. Hey, don't judge me, I knew he'd win anyway, I just wanted to give a big pointless middle finger to the Democrats in some small way. I voted Green Party for Senate, knowing they'd lose. Now I kind of regret that a little, maybe?

Oh yeah, and I despair because despite this being a bipartisan issue, Taiwan is still stuck in the status quo morass with a world that does not appreciate what it has to offer and can't bring itself to just do the right thing, and also because this letter was delivered to President Hair and Fart Sounds, which means...ugh.

Sunday, November 5, 2017

So are we Garbage Foreigners or not?

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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.

Wednesday, November 1, 2017

Rebels, Riffraff and Rights

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Last December, around 10,000 pro-LGBT people gathered outside the Legislative Yuan as hearings were held within to discuss proposed marriage equality legislation. I was there just to lend my support, and ran into a friend/former student who was also there in support of the bill. A few weeks later, we met again and were discussing the Sunflower Movement. 

"Do you think it succeeded?" I asked. 
"Actually not really," he replied.
"Why do you think so?" I continued. 

He said that only one of the four demands of the Sunflowers was agreed to (the passage of a cross-strait monitoring framework before the CSSTA could be passed, and not even that had actually been implemented, whereas the CSSTA was not quite dead), and although the KMT had been kicked to the curb in the elections earlier that year, that was no guarantee of real change. 

This was a good point, but I challenged him:

"It's true that the Sunflower demands were not really met, but I can tell you today's Taiwan is not the Taiwan I moved to in 2006. It's not even the Taiwan I knew in 2013. Something changed because of the Sunflowers, there's been a shift in public discourse and attitudes - it really woke the country up. People care more now than they used to, and their newfound activism is directly linked to being inspired by the Sunflowers. That means something."

"Yeah, but..."

"The other day at the rally, you weren't really out there in the crowd. I was. A lot of people were wearing Fuck The Government t-shirts, or even carrying sunflowers. It was clear that the movement had an effect on them. I don't know if they would have been there if they hadn't been woken up."

"Hmm," was all he said in reply.

* * * 

On the heels of a record-breaking Taipei Pride parade (123,000 people were said to have attended this year, up from last year's estimated 80,000), Ketagalan Media - an organization I occasionally write for - published a strong backgrounder on the history and development of LGBT rights and marriage equality movements in Taiwan. They were right to link the relative success of equality movements here to Taiwanese civic activism in general, and a need or urge to differentiate Taiwan from China, a point which isn't made often enough. 

However, although I think it makes some good points and covers some important angles, especially for those who may not be intimately familiar with the history of Taiwanese identity, I actually think that the piece inaccurately portrayed the causality of the issue. 

Despite my story above, I would not say that the LGBT acceptance and marriage equality movements were offshoots of general civic activism in Taiwan. I don't see it entirely as a direct result of, say, the Sunflowers. 

Rather, I would say that Taiwan has always had a more openminded or progressive bent than much of the rest of the continent, with a long historical tradition of civic activism and fighting for human rights. The Sunflowers did not come out of nowhere: they were a continuation of the same cultural traits that brought about the Qing-era rebellions, revolts and home-rule movements under the Japanese and the fight against dictatorship in the 20th century which was composed of several social movements.

As I see it, this rich history was borne of a culture perhaps not quite as beholden to Confucianism as the writer implies. That’s not to say Taiwanese culture is not influenced by Confucian thought: of course it is, to some extent. But remember how Taiwanese society came to be. There are Austronesian cultural roots in which Confucianism has no place, and in which women enjoyed higher status than in much of China (the role of women in Confucianism is, frankly, tragically unsuited to modern society). Added to that, immigrants from China first enticed to come to Taiwan by the Dutch and then, under the Qing, of their own volition (despite this being illegal for a good portion of Qing rule of Taiwan). What person happy with their role in society picks up their life to move to a wild, jungle-covered island, whether at the behest of a bunch of pasty foreign Red Hairs or simply because they want to, even when they are technically not allowed? How traditionally Confucian could the thinking of such a person be, leaving their family home and going against the edicts of their emperor, where Chinese women were not allowed (for some time) and where indigenous women held a higher status in local society than the women they were leaving behind?

That is to say, these early immigrants were often rebels, drifters, weirdos, adventurers, opportunists, riffraff (I would imagine there were more than a few petty criminals among them), pirates or simply people down on their luck.

This is not a criticism. This is praise. This is the foundation of a society that fights back, thinks for itself and is willing to stand up for what it wants. This is not a society of blind obedience, regardless of what notions you might have about ‘Asian cultures’. Give me these guys any day over people who do what they are told and in turn exert control over their wives and descendants. Perhaps it means Taiwan did not develop as peacefully as it could have, but peace is overrated if it doesn't come with justice.

To me, just living among the descendants of these people as well as the indigenous Taiwanese, I have come to understand that Confucianism plays a role in Taiwanese society but is not the key driver that people often assume it is (perhaps because they are predisposed to thinking that all East Asian societies live and die by that philosophy without thinking more deeply about it). In my experience, Daoism (the “everybody just chill” / “you do you” of ancient philosophies) as well as a healthy dose of just being people seeking the best possible life for themselves without worrying too much about the philosophical underpinnings of social order hold just as much, if not more, influence.

If anything, the Confucianism that does exist in Taiwan is arguably more tied to the relatively recent arrival and decades-long control of Taiwan by the KMT, a party very much bathed in the Confucian tradition and the main driver behind the Republic of China, which espouses a very Confucian-style government.

This interpretation of Taiwan’s cultural origins lends itself to a society more predisposed to accepting others as they are, at least outside of their family (within a family things get more complicated), and predisposed to rebelliousness (in a good way - not just accepting the government they are given but fighting actively for the government they want).

What I’m trying to say here is that If any Asian culture was going to be at the forefront of marriage equality and LGBT acceptance, it was going to be Taiwan. And if any Asian culture was going to be so civically engaged and fiercely defensive of a vibrant democracy that they themselves fought for and built, again, it was going to be Taiwan.

Both political activist/Taiwanese identity movements and the LGBT rights movement stem from this. One did not grow from the other: they sprang from the same origin. The success of LGBT acceptance and marriage equality activism in Taiwan - as compared to the rest of Asia - are because of something inherent to Taiwanese culture that is not typically associated with 'Asian cultures' (whether these stereotypical ideas of such cultures are fair or not - and I'd argue mostly not). Other activist movements are too, but they are more like twin siblings.


That's not to say that civic activism in Taiwan hasn't influenced LGBT activism. As I pointed out to my friend, the Sunflowers were the catalyst of an awakening in Taiwan. Without that awakening the number of people actively fighting for marriage equality would likely be lower. The LGBT rights movement here has support from many straight, cisgender allies (myself included). This would still be the case even if the Sunflower Movement had never happened, but it’s unlikely that the crowds would be quite the same size. But, the movement would certainly still exist, just as it had done before 2014.

There are also ways that the Taiwanese identity movement and the LGBT acceptance and marriage equality movements diverge. Taiwanese identity is especially strong in rural Taiwan and the south, where support of the LGBT movement still struggles for support. This is a part of why, while the traditionally pro-independence DPP supports marriage equality somewhat more than the more traditionally China-oriented KMT, their support is not universal and is at times lukewarm: while there is a correlation, being pro-Taiwan does not automatically translate into being pro-marriage equality or accepting LGBT people for who they are (and yet tends to support social movements). And while the KMT tends to be more oriented towards a vision of Taiwan that is ultimately Chinese, with traditionally Chinese cultural roots that include Confucianism, and as a result less open to both social movements and LGBT acceptance, you will find supporters of marriage equality in their ranks.

That said, I do agree that in the modern Taiwanese identity movement, building a better country for its own sake, rather than defining Taiwan in terms of how it is not a part of China, is a key factor. A modern, international Asian nation in which everybody is accepted for who they are, ethnicity is not the key driver of what makes Taiwan unique, and everybody has equal rights (including LGBT people) is a part of that identity and, among the youth especially, is inextricable from it. To some extent, they do feed off each other. However, this feeding seems to be to be a mutual energy exchange, not of one "propelling" the other.

So, in the end, while there are a lot of good things to say about this article in terms of the background information on the history of Taiwanese identity and LGBT rights movements, and I agree with quite a bit of it, there are some areas where I feel it either gives too much credence to certain views of social order (i.e. Confucianism) and others where it assumes a causation that I’m not sure is entirely merited - inferring a parent/child-style relationship to Taiwanese identity and LGBT rights where I think a “two siblings” metaphor is more apt. 

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.

Saturday, October 28, 2017

Just a little light news commentary

Greetings from San Francisco!

Lao Ren Cha has been silent these past two weeks because I've been traveling in the US visiting family and friends, and frankly just haven't had the time. I wasn't even supposed to be in California, but I missed my flight and as a result I'm going to miss Taipei Pride 2017. I had had a rainbow skirt made for the occasion and everything.

But, with a bit of time to kill before my flight, I'd add a little commentary to two stories that caught my eye.

First, a petition to ban the Chinese flag in public places has passed the 5000-signature threshold for a government response. 

I've made the case before that pro-unification demonstrators should be banned (and also made the case that they shouldn't), but I hope it's clear that I don't necessarily buy my own devil's advocate argument.

It's true that China bans the ROC flag, and this would be tit for tat. It's true that pro-China protesters have a track record of violence, it's true that the Chinese government is an existential threat to Taiwan and must therefore be treated differently from other foreign governments, and of course we all ought to know by now that few of these pro-unificationists are sincerely expressing an ideal. They're either gangsters, associated with gangsters, or as I suspect in many cases paid by the CCP as "fake civil society" agitators. Many protest not to convince Taiwanese - a lost cause if there ever was one - but to create appropriate photo ops in China of "pro-unification Taiwanese".

All of these are reasons, I suppose, to prohibit them from demonstrating.

But you know what? I don't think it matters. Yes, China bans the ROC flag, but we are better than them. It is a stronger example to show that we can allow the flag of a threatening country to be shown in public without fearing that its very image could destabilize Taiwan than to ban it out of fear. Treating China as an existential threat is important, but also a separate issue from allowing Taiwanese citizens and legal residents to exercise their rights of speech and assembly. Pointing out the irony that they are demonstrating in favor of a country that would take away their right to demonstrate is another way to handle this without putting an unnecessary gag on free speech.

And yes, we need to do something about the violence, but using "they are violent!" as an excuse to disallow certain kinds of protests is a path we really ought not to be going down. It could theoretically be used on anyone. Keeping an eye on certain individuals known to be violent and a law enforcement presence similar to that seen in other, peaceful protests is the way to deal with it - as well as finally locking up gangsters known to be pro-violence, pro-China agitators who have committed crimes (that is to say, White Wolf).

Certainly, we could ban them because they are disingenuous, but this is very hard to prove, and also a problematic approach. Do we also ban anyone from protesting who has received money in any capacity or is employed by an organization that advocates for the issue behind the demonstration? Do we ban paid political party staff from marching in support of an issue their party also supports? We can and should put more restrictions on foreign funding in Taiwan, but I suspect a lot of these payments are personal - think "red envelope full of cash" - and difficult if not impossible to trace.

As for the point that these demonstrations are more to generate visuals in China than to impact anything in Taiwan - who cares?

In short, there is just no way to reasonably ban these guys in a free society, although they should be held more fully legally accountable for any violence they incite. The best we can do is make sure the general public is educated about who they are and why they are doing this.

As for the second story, in this article on indigenous Taiwanese reclaiming their names, this line caught my eye:

First of all, many people could not pronounce his [Neqou Sokluman's] name because he chose a rare character. And whenever he went to a hospital or to a government agency, the staff would ask him in English, “Are you Taiwanese? Can you speak Chinese?” and treat him as a migrant worker from Southeast Asia. [emphasis mine]. 

It goes without saying that indigenous Taiwanese, and everyone, frankly - should be able to have and use their real name. I'd only add that it is also necessary to educate the general public on not only the existence of such names in Taiwan, but also the need to respect them. I'll also point out that the rule that one must adopt a Chinese-character name is not limited to indigenous people - if a foreigner registers a marriage in Taiwan with a Taiwanese citizen, they are also required to adopt a "Chinese name". In addition, it's not at all fair that I can have both my English and Chinese names and nobody whose opinion matters raises a fuss about it. And, of course, I have more than one Taiwanese friend who has been forced to choose and use an "English name" that they don't want. That's not right.

Although these situations are not the same as what indigenous people face, one can draw a few comparisons.

But...what really bothers me is this: I don't want indigenous Taiwanese to be treated better than Southeast Asian migrant workers. I don't want anyone to be treated better than Southeast Asian migrant workers, because these workers ought to be treated with just as much respect as anyone else, as equal human beings. I don't want the phrase to even have a reason to exist, because you can't equate poor treatment to the experience of a group if no group is treated poorly.

This goes way beyond elevating one group and right to the heart of treating all people with respect regardless of socioeconomic status, visa status or national or racial origin (or gender, or orientation, or creed, or weight, or age).

People deserve respect because they are people, not because they are "indigenous" or "Taiwanese" or the right kind of foreigner (so says the Garbage Foreigner), and everyone should be able to have the name that they want - their name - and just be who they are.