Migration in Taiwan（台湾的移民状况）

Background:

The phenomenon of migrant workers in Taiwan started in the 80’s when the country was in rapid economic development. The economic miracle making Taiwan as one of the leading countries in Asia with high level of economic growth had brought sudden changes in the lifestyle of its population. The people enjoyed the economic boom but they were racing to cope with the rate of the growing economy that could hardly sustain by its population. To sustain this, manufacturers are exporting its capital to mostly job starved third world countries.

This gave way to massive inflow of migrants from Asia and even Africa. They were lured by the growing strength of the Taiwan Dollar and they provided cheap supply of labor to the manufacturers badly in need of them. Some came not only for financial reason but also to escape from terrorism, torture, oppression and persecution due to war like the Indians, and Tamils from Sri Lanka.  Most of them came to Taiwan with tourist visa and overstayed. Though their status was (irregular) undocumented and didn’t allow them to work, the inflow of migrants was steady. Often they found themselves victims of immoral scrupulous recruiters and employers who made them believed that they could give them legal protection so that they could control them. Furthermore, they were deprived of medical and social benefits enjoyed by the regular workers and didn’t know where to turn to when problems pinned them down. This oppressive condition made them more vulnerable to abuses and exploitations that are tantamount to trampling their dignity.

As more migrants continued to come to Taiwan, more also were kept coming to our Churches for help. Their number continued to increase and their needs were pressing. Many of the migrants came to churches to seek assistance and to find solace. They believed that the Mother Church would take care of them in time of need. It is an obvious fact that these uprooted people had some degrees of evangelization effective from their country. On Sunday, the Church was the place where the Catholic migrants hold their religious and social activities and for non Catholics it served as well their venue to know the Catholic faith and to socialize.

Taiwan first opened its door to documented foreign workers in 1990 to ease manpower shortages for 14 major infrastructure projects.  The first group of 200 workers from Thailand arrived in February 1990. It was further opened in May 1992 when the government expanded the employment of foreign laborers beyond the construction.  In a few years the number of foreign labor hit the mark of 200, 000 and it continued to increase.

Present Situation of Migrants:
In the year end of 2012, the total number of migrant workers increased to 445,579 (Bureau of Employment and Vocational Training CLA table 12-1 p.185. There are 242,881 (55%) from the Productive Industries Sector and 202,694 (45%) from the Welfare Service. Indonesia (191,127) made up the majority of foreign workers in Taiwan (42 % of the recorded workers) followed by Vietnam (100,050) then by the Phil. (86,786) and Thailand (67,611). There are more female foreign workers (267,700) than males (177, 879)

The year, 2012 marked the highest number of foreign workers ever recorded despite of economic slowdown. Companies were requesting to increase the quota of foreign workers to catch up to its fast neighboring countries.

End of December 2012 Statistics of Foreign Workers in Taiwan- Nat’l Immigration Agency
   
No. of Foreign Workers    
Agriculture- Forestry, Fishing &   
         Animal Husbandry      9,313  
Productive Industries   
          Manufacturing 230,604  
          Major Investing 14,550  
Service Sector   
          Nursing workers 200,530  
          Domestic Helpers 2,164  
Construction 2,968  
Major Construction Projects 2,630  
Total 445,579  
   

   
Gender Total Male Female
1. Indonesia 191,127 30,676 160,451
2. Vietnam 100,050 57,554 42,496
3.Philippine 86,786 32,754 54,032
4. Thailand 67,611 56,891 10,720
5. Malaysia 3 3 0
6..Mongolia 2 1 1
Total 445,579 177,879 267,700
   
   
No. of Missing / Run Away   
1. Indonesia 7,969  
2. Vietnam 8,467  
3.Philippine 675  
4. Thailand 468  
5. Malaysia 0  
6.Mongolia 0  
Total 17,579  
   

Current Issues and Concerns:
Placement Fee:
The placement fee is a perennial issue that has affected much the overseas workers. It allows unbearable abuses inflicted to workers and eventually leads to hopelessness that forces them to leave their legal post and end up undocumented worker and runaway. The factory worker pays the highest placement fee (US$ 300- US$500) among all the workers. Recruiting Agencies of sending countries have different ways of collecting the said fee. Some of them are automatically deducted from the worker’s salary and remitted to specific bank seems connected to the recruiting agency.

Confiscation of Documents and Forced Savings or Cash Bonds:
It has been a common practice for employer and even broker to keep the workers’ passport, Resident Certificate and Health Card, bank books and its chop or seal ( use as signature in withdrawing money). Most of the workers when they arrive in Taiwan are required to sign an agreement allowing the company/broker to keep their documents and collect a monthly savings or cash bond. They could not refuse nor complain for fear of early termination or harsh treatment. Employers of some Domestic Helper and Caretakers deduct an amount in disguise as worker’s withholding tax even if the worker is exempted in paying tax. This is one of the malpractices that control the movements of the workers. Though there are laws enacted against it, the practice still exists.

Fishermen
Fishermen are the smallest group of contract workers.  Most of their complaints are about the salary that is below the minimum wage with large amount of deductions and the signing of two kinds of pay slips. One pay slip states details of the deductions while the other pay slip states only the deductions that are allowed by the government. Hence, in cases of labor arbitrations, the fishermen are always at the losing end because they are not given a copy of the pay slip with the actual/ accurate detail of deductions.

    The worst condition that can happen is when some of them especially those who live in a ship that has no proper place to rest nor a free meal are deducted as much as NT$5,000 as board and lodging. What is more disappointing is the lack of monitoring and regular inspections of the designated government agency regarding their working and living condition.

Unprotected Domestic Helper and Caretaker:
The number of foreign workers in the welfare service sector has risen steadily due to aging population in Taiwan. Caretakers and Domestic Helpers employed and stayed in an individual family are the most vulnerable to abuses.
Almost half of the total number of foreign workers is in the service welfare, a sector that is not covered by the Labor Standards Laws that would allow them to enjoy the minimum wage and to have a quality rest.  They are overworked (long hours of work), underpaid and isolated. They work full time year round and yet have no right to have day off.  Their day off is always at the mercy of their employer. They are not eligible for overtime pay or minimum wage protection extended to other sectors. The minimum wage in the manufacturing and construction has increased four times but the DH and Caretaker of the elderly and the sick who are not employed in the Institution were left out.  They are also exclusive from labor insurance.

As of Dec. 2012 there are 200,882 caretakers and domestic helpers (service sector). It consists the 45% of the total number of foreign workers.  Almost 70-80% of the runaways and undocumented workers are females and come from this sector. The rising number of runaway caretakers is just an indicative of the unbearable condition they are experiencing..

The Catholic Church’s Response:
In the beginning, the Church was caught quite unprepared by the recent phenomenon of the massive influx of migrants. There was no visible pastoral care for migrants but there were numbers of priest and sister who had spontaneously taken time and energies from their official assignments to face the new challenges. The migrant issue had then become a concern for the local Churches in Taiwan.

The Church in Taiwan was the first to respond to the plight of migrant workers.
The Church through the foreign missionaries and the local church people had been very responsive in helping them whenever and wherever the need arises. The church has a frontier position, compare to other institutions, on the migrant workers’ issue.

The first step made in common was to switch the concern from pastoral only to both pastoral and social to meet the pressing needs of the migrants. A welcoming attitude of the Church was the basic starting point. Aware of their difficulties, the Church welcomes people of different ethnicity, belief and culture by seeking ways to immerse herself into their culture and pattern of thoughts, share their pains, understand their needs and hopes, and respect their identity as foreigners.

The Chinese Catholic Bishops Conference (CCBC) recognized that ministering to the undocumented migrants is a Church’s mission. Hence, the Bishops issued on February 9, 1989 a Pastoral letter telling all the parishes to open their doors and their facilities to those brothers and sisters in need, regardless of creed, and race.  It continued to motivate the laity and the clergy with regard to their mission to the vulnerable and marginalized migrants.

Since no one was coordinating all the services, the Commission for Social Development (CSD) - National CARITAS (which is CARITAS TAIWAN now) that has preferential option to serve the poor took the initiative to call for an emergency meeting with all those currently involved with the migrants. The meeting unanimously decided to set up a desk with full time workers to coordinate the services of the pastoral workers and be a link to various groups and centers currently doing services to the migrants all over Taiwan. This compelled the Commission for Social Development – National Caritas to commit herself to establish the (MWCD) Migrant Workers Concern Desk under its auspice that would operate at the national level. MWCD with a chaplain and 2 hired social workers had 23 volunteers from various groups and centers committed themselves to collaborate with the Commission for Social Development- MWCD in this task and to work closely with the social workers.

The compelling vision which motivated the establishment of the MWCD was to respond to the emerging issue of the undocumented (irregular) migrants, to be the voice of the voiceless migrants. To address the problem of the undocumented or irregular migrants, MWCD organized a signature campaign to legalize the migrants in Taiwan. It was lobbied through the help of the CCBC and later Taiwan opened its door to overseas contract workers.
  
The second step was to undertake a simple survey to better understand the situation and the needs of the migrants to enable to plan programs and services that could effectively respond to the emerging issues affecting their lives. The Church didn’t wait for the outcome of the survey to offer their help to many migrants with urgent needs at the doorstep. The attention of the office focused principally in the objective of solidarity with people in pain.

Towards the end of 80’, many Sri Lankans were seeking for Asylum. Since Taiwan doesn’t accept such status, the Commission for Social Development - CARITAS through proper channel was able to help numbers of them who have the right documents to seek asylum to other countries. Mathivannan was one of those Sri Lankan who suffered ruthless persecution in his home country and escaped to Taiwan but experienced exploitation and mistreatment. He got sick and died on August 28, 1989. This is not an isolated one to the many cases happening around the island. His case prompted the commission to undertake a study on the situation of migrants

In early 90’s the commission, helped numbers of boat people from Vietnam who escaped from war and were intercepted in the Taiwan Sea by the Taiwan authority. Through proper collaboration they were sent back safely to their country and were provided life savers for their journey.  For those who applied to take refuge in Canada, while waiting for the acceptance of their application, the commission provided them shelter and English lesson. 

In the mid of 90’s, there were also some cases of stateless women from the Northern Thailand who escaped from poverty and tried to seek job opportunity in Taiwan but unfortunately they were caught and detained. They could not be sent back to Thailand because they were not recognized as their citizens nor could they stay in Taiwan or repatriated to other countries as they were stateless and not properly documented. The Commission collaborated with the authority in- charge of this section in Thailand to discuss with Taiwan Government for their proper repatriation to Thailand

Without neglecting the charity and welfare, the MWCD also lobbies and advocates justice issues concerning the life and work of migrants. MWCD believes that in addressing the social issues, commitment to fraternity, solidarity and service are not complete without justice.

As they pray, work, struggle and suffer in their search for meaning of human life and progress, the Church patiently accompany them in their journey with compassion.

In 1992 the big wave of documented migrant workers from South East Asian Countries, Thailand, Indonesia, Vietnam and the Philippines came to Taiwan. The social issues of the growing number of abuses faced by the migrants continue to exist. MWCD’s services of solidarity with migrants in pain expanded too and the Chinese Catholic Bishops’ Conference as well continued to issue pastoral letters calling the attention of the religious, laity, public and government of the sending and receiving countries to be aware of the migrants conditions and to protect and guarantee the rights of the migrants while they work and live in Taiwan.

In 1993, the Bishops Conference established the Pastoral Committee for Migrants and Tourism ((Episcopal Commission for Migrants and Itinerant – ECMI at present) The establishment of the Diocesan Desk which is headed by a chaplain followed later.

In 1995, the CSD-MWCD organized signature campaign against recruiters and brokers and in August of the same year it organized a Press Conference in the Philippines through the help of the Catholic Bishops Conference of the Phil. to urge the Philippine government to adapt the Direct Hiring System and abolish the brokerage system
 
On September 8, 1998, Bishops’ Conference issued a Pastoral letter declaring “that to comply with the common concern of the Universal Church and the Appeal of the Pope, a Sunday for Migrant Workers should be annually celebrated to offer prayers for the migrants and to read the relevant message of the Pope, to take part in the liturgies or activities designed for them and to give them appropriate encouragement and support”. The said Pastoral letter also called the attention of the growing numbers of mixed marriage between Chinese who are non Christian and Filipino brides who are mostly Catholics that needs “to assist the education and formation to the faith of their children.”

On May 16, 2007, the Bishops issued another Pastoral Letter and one of its appeals to the government of Taiwan was to give importance to the International Convention on the Protection of all migrant workers and members of the families and to formulate immigration and labor policies according to human rights”

In 2010, MWCD was reorganized by the Diocese of Taipei and it was turned over to St. Christopher’s Church, the parish that is frequented by most of the Catholic Filipinos in Taipei while CARITAS TAIWAN continues its services to the migrant workers and extended it to new immigrants and foreign students through Justice and Peace Commission.

CARITAS- TAIWAN – ACTION PROGRAMS AND SERVICES FOR MIGRANTS
1.Case Management which includes
a.Counseling, referral, assist in the labor dispute, liaison between workers and brokers/recruiters and employers when need arises
b.help in translating  migrants’ language in the court and police precincts when they are apprehended or arrested
2.Visiting regularly detention centers and help in facilitating their release.
3.Repatriation Assistance
4.Networking  (Local and International)
5.Coordinating with local churches and other groups in organizing Labor Education and disseminating information related to the migrant issues for empowerment
6.Advocacy –  in promoting and defending human rights that laws and policies do not violate the dignity of the migrants
7.Lobby with local NGOs and other church based organizations laws affecting the working conditions and lives of the migrant workers and support activities to cause migrants’ protections.
8.Meetings and Conferences with other NGOs to discuss approaches and methodologies to address the issues and some initiatives in favor of the migrants.
9.Annual Celebration of Migrant Sunday. – CARITAS translates the Pope’s yearly message for Migrant Sunday to Chinese for the local Churches.

CHALLENGE:
MENT (Migrant Empowerment Network in Taiwan) a network composed of local NGOs and church based organizations that CARITAS TAIWAN is a member had drafted in 2003 ten years ago, Household Service Act that could protect the Domestic Helpers and Caretakers who are not covered by the Labor Standards Law. Despite of its long years of outreach and advocacy these workers have no concrete law to protect them yet but the said group doesn’t give up and continues to lobby it.
In response, the Council of Labor Affairs agreed with the draft bill to limit the hours of work for Domestic Helper that would require family with member who needs 24 hours help to employ helper for the other shift. But the said draft is not strengthening the domestic worker’s position because matters like work schedules are to be discussed and agreed by the employer and the worker, ignoring that they are not on equal level of power. Other weak points of the draft are the following:
1. No maximum length of time of work
2. No compulsory day off
3. No freedom of movement mentioned

References:
1.The Situation of the Foreign Workers in Taiwan – Survey by Social Issues Research Bureau of Commission for Social Development-CCBC
2.Pastoral Letters of the Chinese Catholic Bishops Conference- 1989, 1998, 2003 &2007
3.Special Concern of the Church in Taiwan by Fr. Gilberto Oriole –2nd Consultation for Migrants in Asia
4.The China Post (Local News) July 18, 2012
5.Table 12-5 Foreign Workers in Productive and Social Welfare – Bureau of Employment and Vocational Training, Council of Labor Affairs
6.Table 12-6 Missing Status of Foreign Workers in Productive Industries and Social Welfare. – National Immigration