International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

目錄 Contents
I. Introduction ……………. …………………. …………………. 8 4
II.

Program……………. …………………. …………………. ……9 14 III.
Workshop I 1. International Marriages: Cross-Border Marriage Business in Taiwan and Vietnam by Chang, Shu-Ming………………16 25 2. The Problems of the Brokers on Migrants and Marital Immigrants in Taiwan, by Hairiah………………………………………26 30 3. Vietnamese Brides: A Brief Profile, by AAV………………31 37 4. The Broker System in Taiwan, A Bane to Filipino Migrant Workers, by APMM…………………………………………………38 47 Workshop II 1. Migrant Women in Korea through International Matchmaking by Kim, Min Jeong…………………………………………48 62 2. Preventing Violence against Immigrant Women by Tsai, Shun-Jou…………………………………………63 64

Papers

3. Proactive Approaches to Preventing Violence against Immigrant Women in Taiwan, by Hsia, Hsiao-Chuan…………………65 79

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

4. The Phenomenon of Domestic Violence among New Immigrant Women:Personal Experience but Institutional reflection, by Pan, Shu-Man……………………………………………80~86 Workshop III 1. — “ u” a s“ hi Lvs O rL w ,T e ” i —How Taiwan Law Discriminates r e against the Newly-Arrived Female Immigrants by Bruce Liao………………………………………………87~104 2. A a s o Mi at re ’ o c iTia nl i f g nWokr P lyn a n ys r s i w by Ku, Yu-Ling……………………………………………105~110 3. Immigrant Workers: Facts and Figures by Sutthida Malikaew……………………………………111~116 4. A Critical Perspective on International Instruments and National L w o Fl i Wo e Mi at ad m i at Rgt a s n ip o m n g n ’n I m g n ’ i s in r s r s h, by Lualhati S. Roque………………………………………117~131

IV. Introduction of Participant Organizations……………132~148 V.
1. Rights of Migrants and Immigrants………………………150~154 2. Universal Declaration of Human Rights…………………155~158 3. Bi i o A R I s rpsd m ndments to Immigration and r f g f H LM’Pooe A e en Entry and Exit Law………………………………………159~163
2

Appendices

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

4. Chronology on Immigrants in Taiwan…………………164~170 5. Chronology on Migrant workers in Taiwan……………171~182 6. Participants………………………………………………183~188

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

簡介
Introduction

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Introduction In the age of globalization, people including women are forced to leave their family behind as migrant workers or foreign brides. In Taiwan, according to the official data, there are now estimated over 300,000 Taiwanese who are married to foreign spouses who are usually women, so-cld “ r g bi s.I 20 Tiaee ae f e n r e” n 03 a ns l oi d w citizens who married to foreign spouses increased to over 30 percent of total registered married population. Put it another way, one out of three marriages was international marriage. Most foreign brides come from Mainland China and Southeast Asia. In the meantime, there are now estimated about 300,000 migrant workers from Southeast Asia. Female migrant workers are working as contract workers working in domestic helpers, nannies, caretakers. Both the foreign brides and the migrant workers have become significant groups in Taiwan in the past decade. While in South Korea, the Korea National Statistical Office reports that one out of every 12 marriages in the past years was international marriage and that more and more women come from other Asian countries to marry South Korean men. However these female migrant workers and marriage immigrants are usually t a d s pr h i t s r avl dvl e cute,shs “ a re bi s r t a “a a”n h e e t e ee pd on i a t e m il-odr r e” ee i e li y o rs o d i t w s r sc tsWe eee e r ott th soss fhs fr g bi s n h et n oii . ’ r i d e r h t pue o t e oe n r e e e ee v cv p s a e e i d s p w n nt n m r t nsrat t sri a t if ie’ ed. e a i l at o i oe h e n o e c l h r a ls nes Fm l m y hg a v s ve l e m i e migrant workers who work in house have to face the threat of abuse or sexual assault. The absence and injustice of laws should ensure to protect their rights add to the miseries of foreign brides and female migrant workers. In Taiwan, foreign brides from Ma l d h a a’gt e i i t w r al ss y g ya Migrant workers i a C i cnt epr s o o ok te tt i 6 ers. nn n m sn a an who work in house do not apply to the Labor Standard Law and are abused or exploited easily by brokers or bosses. Thus, it is not only important but also necessary to gather together different women groups to discuss, get approach the issue of foreign brides and female migrant workers, and have international solidarity among Asian NGOs. The workshop is expected to examine the common issues and problems faced by foreign brides and female migrant workers in Asian region. This workshop also aims to strengthen relationship of different NGOs working on the issues of female immigrants and migrants and to conduct different levels of coordination and cooperation through research and regional advocacy work

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Objectives of the Workshop 1. 2. 3. To have a common understanding on the issues and problems faced by foreign brides and female migrant workers in some countries in Asia To develop regional and international awareness and support on the human rights of foreign brides and female migrant workers To share experiences, analysis and strategies in dealing with the issues faced by foreign brides and female migrant workers and coordinate actions at the regional level To promote international solidarity among female migrants and immigrants of different nationalities in the region.

4.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

緣起

13 , , 1.75 3% 1970 76 1 93 12 121,804 337,622 93 8

215,818 308,231

一、

活動目的 1. 認識亞洲國家跨國勞工與婚姻移民的婦女人權處境,如照顧政策比較,提 供國內相關部門重要參考

2. 發展對跨國勞工與婚姻移民人權的跨國理解與支持,促進亞洲區域不同國 家間爭取跨國勞工與婚姻移民權益相關組織的國際連結

3. 深化民間外交網絡,促進各國從事跨國勞工與婚姻移民服務工作的NGO 實務經驗分享,並規劃亞洲區域層次的相關合作行動
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

二、

主辦單位

Asia Pacific Mission for Migrants(APMM) Organizers Awakening Foundation Graduate Institute for Social Transformation Studies, Shih-Hsin University Asia Pacific Mission for Migrants 三、 協辦單位

In Coordination With The Alliance for Human Rights Legislation for Immigrants and Migrants

Asia Pacific Mission for Migrants APMM

發展研究所夏曉鹃副教授

四、

贊助單位

Evangelisches Missionswerk (EMW)

Sponsors Ministry of Foreign Affairs Taiwan Foundation for Democracy
Evangelisches Missionswerk (EMW) 8

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

活動流程
Program

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Program Date May 13, 2005 – May 15, 2005 Venue Chien Tan Overseas Youth Activity Center, located at #16, Sec.4,Chung-Shan N. Rd., Taipei Taiwan. Day1 5/13 09:00-09:30 09:30-09:40 09:40-10:00

10:10-12:00

Registration Opening Keynote speech Dr. Lucie Cheng Founding Chair, Graduate Institute for Social Transformation Workshop I The Problems of the Brokers on Migrants and Marital Immigrants in Taiwan Moderator : Lan, Pei-Chia Assistant Professor, Department of Sociology, National Taiwan University Speakers : Aurelio Estrata Asia Pacific Mission for Migrants Pham Kieu Oanh Action Aid International Vietnam Chang, Shu-Ming MA, Graduate Institute of Southeast Asian Studies, Tamkang University Hairiah Director of Yayasan Lembaga Bantuan Hukum Perempuan Indonesia Untuk Keadilan

12:00-13:30 13:30-15:30

Lunch Workshop II Action to Prevent Violence against Female migrants and Immigrants Moderator : Sr. Stephana, Wei Wei Director of Rerum Novarum Center

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Speakers : Emerenciana de Jesus Secretary General of Gabriela, Philippine Kim Min Jeong WEHOME, Korea Pan, Shu-Man Associate Professor, Department of Adult & Continuing Education National Taiwan Normal University Tsai, Shun-Jou Manager of The Resources Center of Foreign and Mainland China Spouses of Pingtung County Hsia, Hsiao-Chuan Associate Professor, Graduate Institute for Social Transformation Studies, Shih-Hsin University 15:30-15:45 15:45-17:45 Coffee Break Workshop III International & National Instruments on Female Migrants and Immigrants Institutions and Laws Moderator : Huang, Chang-Ling Chairperson of Awakening Foundation Associate Professor, Department of Politics National Taiwan University Speakers : Sutthida Malikaew Action Network for Migrant Labour, Thailand Lualhati S. Roque Executive Director of International Migrant Resource Center Ku,Yu-Ling Secretary General Taiwan International Workers' Association Liao, Yuan-Hao Assistant Professor, Department of Law, National Chengchi University 18:30-21:30 Day2 5/14 09:00-09:30 09:30-11:30 Dinner

Registration Plenary Discussions

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

11:30-12:00 12:10-12:30 12:30-13:30 14:00-17:30 18:30-21:30 Day3 5/15 09:00-09:30 09:30-12:00 12:00-14:00

Resources Person: Irene Fernandez Executive Director of Tenagenita Statements and Actions Press Conference Lunch Visit Local Community and NGOs Dinner & Asian Culture Night

Registration Dsus n bten er eti s f G ’ad oe m n i s os e e r e n t e o N Os n G vr et c i w p s av n Farewell Party

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

活動流程 2005

5

13

-2005

5

15 16

( 09:00-09:30 09:30-09:40 09:40-10:00

)

10:10-12:00

Workshop I :

: Aurelio Estrada Asia Pacific Mission for Migrants Pham Kieu Oanh Action Aid International Vietnam Hairiah Director of Yayasan Lembaga Bantuan Hukum Perempuan Indonesia Untuk Keadilan 12:00-13:30 13:30-15:30 Workshop II :

: Emerenciana de Jesus Secretary General of Gabriela, Philippine Kim Min Jeong WEHOME, Korea

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

15:30-15:45 15:45-17:45 Workshop III :

: Sutthida Malikaew Action Network for Migrant Labour, Thailand Lualhati S. Roque Executive Director of International Migrant Resource Center

18:30-21:30 ( 09:00-09:30 09:30-11:30 11:30-12:00 12:10-12:30 12:30-13:30 14:00-17:30 18:30-21:30 ( 09:00-09:30 09:30-12:00 12:00-14:00 )

& )

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

會議論文
Papers

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

International Marriages: Cross-Border Marriage Business in Taiwan and Vietnam
Chang, Shu-Ming

Scale of the International Marriage Market in Taiwan The number of migrant partners from Southeast Asia entering Taiwan has increased steadily from the 1990s (see Table 1). Although the numbers in the table include male migrant partners, they make up less than 10% of the total. This dvl m n ge hn i hn wt Tia’m s eoo ii et etn ot at ee p et os ad n ad i a n as cnm cn s n i S u es o h w s v m h Asia since the late 1980s. We contend that globalized capital investment from Taiwan indirectly catalyzed the development of the international marriage market.

Table 1: Residence Visas Issued for Migrant Partners
unit: person
Country Thailand and Year 1994 1995 1996 1997 1998 1999 2000 Total Myanmar 870 1,301 1,973 2,211 1,173 1,184 1,259 9,971 55 86 73 96 102 106 65 583 1,183 1,757 2,085 2,128 544 603 487 8,787 2,247 2,409 2,950 2,464 2,331 3,643 4,381 20,425 14 52 18 50 85 12 3 234 530 1,969 4,113 9,060 4,644 6,790 12,327 39,433 12,784 16,754 20,561 24,960 19,407 25,384 34,291 154,141 Malaysia Philippines Indonesia Singapore Vietnam Subtotal

Source: Bureau of Consular Affairs, Ministry of Foreign Affairs, Republic of China.

Tia’ m s cp a i et et nVe a bgni t er 19s T e a n as ail n s n i inm ea n h a y 90. h w s t v m t e l Taiwan Business Organization Vietnam has about 2,000 members, most being smalland medium-sized enterprises. Such mass investment inevitably brings social influences to bear on hosting countries, and cross-border marriage is one such impact. Table 1 shows that brides from Vietnam have become the single largest group among source countries in Southeast Asia.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Taiwan Government

Taiwanese Grooms

Organized Taiwanese Agencies (T1)

Individual Taiwanese agent (T2)

Taiwanese agencies in Vietnam (T3)

Industrial Organization of Cross-Border Marriages

Vietnamese Agencies: Big matchmakers (V1)
Vietnam Government

Small matchmakers (V2)

Ancillary services: documentations (V3)

Vietnamese Brides

Figure 1:

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Industrial Organization of Cross-Border Marriages In their role as intermediaries between overseas brides and Taiwanese grooms, agencies have increasingly dominated the cross-border marriage market in the past decade. With the prospect of high earning from arranged marriage activities, the number of agents has grown, creating a vast industry. Figure 1, derived from our fieldwork observations, shows cross-border marriage industrial organization. The arrows in the figure represent the relationships between players at different layers in the hierarchy. Single headed arrows indicate a relationship in which only the player higher in the hierarchy is able to choose business partners but not vice versa; double headed arrows signify that both players have equal freedom to choose partners. Top of the structure in the figure is governments in Taiwan and Vietnam which monitor all activities of the players in the migration process. Unlike their response to international labor migration, however, the two governments do not play an active role in promoting or inhibiting cross-border marriages. The officials we interviewed from both sides all claimed that people must be free to choose whom to marry, and that government should not interfere in the process. Governments do, however, continue to pay attention to the problems of illegal trafficking. Many different kinds of intermediaries provide international migration services to prospective brides and grooms. It involves agencies geographically located in Taiwan (T1, T2 in figure 1) and Vietnam (T3, V1, V2, V3). In Taiwan there are two types of matchmaking agencies: the organized agency (T1) and the individual agent (T2). Organized agencies arrange marriages for Taiwanese men with girls from Vietnam. These agencies normally have branches overseas (T3). Some organized agencies actually specialize in the business of international labor recruitment but, in order to more fully utilize agency personnel, they also undertake cross-border arranged marriage business. Individual agents are mostly Taiwanese married to Vietnamese, and understand the cross-border marriage procedures. They seek potential customers in the countryside, and then approach organized agencies in Taiwan (T1) or in Vietnam (T3) to complete the contract. In Vietnam the government officially bans matchmaking agencies, and from time to time the newspapers report crackdowns on Taiwanese operators. However, without the help of Vietnamese agents scattered throughout the country, the whole industry would have been unable to develop; actors in this industry need to maintain secrecy in order to avoid legal problems.
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

I Ve a , r l e o aec s ok o ec t f apt tlslr– n inm t e a r fgni w r t r h h i lo n a‘ l ’ the t he ys e a en e i ee future brides. The first layer comprises Taiwanese agencies in Vietnam (T3), of which there are two types: branches set up by Taiwanese organized agencies, or Taiwanese agents who have married Vietnamese and lived in Vietnam for a long time. The latter type normally have other jobs and, with the help of their social networks, assist organized agencies in introducing girls for arranged marriages. In return, they receive a portion of the profit, fixed by contract. Both types of agents have to cooperate with local Vietnamese partners –often cld b m t m kr ( 1 – second layer of industry organization. Because of ae ‘i a h ae ’V ) the l g c s language affinity with Taiwanese, most big matchmakers are ethnic Chinese. Researches have found that common-language communication is very important for Taiwanese overseas investment in Southeast Asia. These big matchmakers play a strategic role in the cross-border marriages. Their language advantage enables them to convey important information to Taiwanese agencies, and interpret for Taiwanese males if necessary. In addition, big matchmakers are in charge of many miscellaneous details, including the arrangement of meetings, wedding banquets, and accommodation. T ee im t m krt i l hv m n ‘ a m t m kr t hl t m hs b a h ae y c l ae ay s l a h ae ’ e h . g c s p ay m l c so p e Big matchmakers normally do not have direct contact with future brides. Instead, small matchmakers (V2) can be seen as acting as sales representatives for the big matchmakers. They go to the countryside to search for girls who might wish to marry foreigners. These girls are not most ethnic Chinese, raising the question as to why the matchmakers do not like to introduce ethnic Chinese girls. One informant explained this, saying that if a girl can speak Mandarin, she might demand too much money or property from her future partner, thus scaring away customers and spoiling deals. In addition, the lack of a language barrier may impinge upon the profits of intermediaries because the prospective couples might avoid the agents and make their own arrangements. Once selected, rural girls are brought to TPHCM to meet their future partners. Vietnamese government prohibitions on these activities mean that meetings are kept low profile. When the prospective grooms arrive in Vietnam, the big matchmakers let the small matchmakers know where and when to meet, and the future brides are then brought, group by group, to the meetings. To avoid any difficulties from the police, meeting times and places are varied.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

As well as searching for girls, big matchmakers oversee a group of people who prepare the requisite bureaucratic documentation (V3). This is not an easy job, requiring reading and writing skills in both Vietnamese and Chinese, the ability to understand and manage the process of obtaining and completing the relevant documents, and dealing with bureacrats in TECO as well as those in the judicial, police and health departments. This work is delegated to professionals because Taiwanese grooms do not have the ability, and big matchmakers do not have the time to do it. Two organizational structures predominate in the arranged marriage business – vertically integrated and horizontally coordinated. In gathering data, we found that if the business is a vertically integrated agency, future brides generally all come from one place; in horizontally coordinated businesses, girls are from different places of origin. The first of these business types –the vertically integrated agency –typically involves Taiwanese organized agencies establishing branches in Vietnam. Each agency tends to have their own big matchmaker who acts exclusively for them. In turn, the small matchmakers and documentation professionals work exclusively for their larger counterparts. To keep profits within the company, the agencies cooperate with their exclusive matchmakers and effectively internalize the operation. This organizational structure is maintained to generate greater profit, to ensure that the work is uninterrupted, and to achieve economies of scale. The second business structure seen –the horizontally coordinated structure –is more complicated, as the relationships between different actors are not uni-directional. In Taiwan, individual agents can work with either organized agencies, or with individual agents in Vietnam. If success is achieved through the Taiwanese organized agency, an agent need only present the future groom to the organized agency to receive commission. If cooperating with other individual agents in Vietnam, the Taiwanese agent must bring the future grooms to Vietnam, and then leave them with the Vietnamese agent. In Vietnam, the individual agents, like individual agents in Taiwan, can cooperate with any agency or matchmaker without forming an exclusive relationship. In other words, all of the actors cooperate on an equal basis.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

The formation of a coordinated structure relies on the skills, capital and ability of the participants in the industry. The profit-sharing between these parties is based on a piece wage. In this structure, downstream actors must compete with each other to get ‘re ’ T em r ft ebi sas a m t m krcn of ,t get t odr . h oe u r r e s u d m l a h ae a f r h r e h l c e e ar e likelihood of successful coordination with big matchmakers. For individual agents unable to afford to internalize all the procedural tasks, cooperation with others can provide the necessary skills without requiring investment capital. Competition in the Cross-Border Marriage Market According to neoclassical economics theory, if an industry has excess profit, it will attract firms to enter the market, and gradually the excess profit will be taken up until none remains. This description aptly describes the Vietnam-Taiwan marriage market. Since most cross-border brides are from southern Vietnam, most agencies are also located there. In Hanoi there are only a few prospective brides, and, according to one Taiwanese official in Hanoi, there are only two agents who visit the office to prepare interview documents for Vietnamese girls. At present there is no agency in central Vietnam. Degrees of competition will affect the market price of cross-border marriage. The usual price charged to a customer in Taiwan is between NT$250,000 approximately US$7,800 and NT$350,000 approximately US$10,900 , depending on the services provided. Table 2 lists the cost breakdown of an arranged marriage. The costs we list in the table were identified during our fieldwork, and are the maximum costs associated with an arranged marriage. A successful operation will bring an agency from US$1,780 to US$4,800 in profit. Given the often very low Vietnamese incomes, such a high profit industry is attracting more and more people.1

1 One informant, a big matchmaker, is only 28 years old. Within a few years, she has successfully introduced more than 200 hundred couples, and now owns two houses and an imported car – Toyota Camry. a

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Table 2
Item

Cost breakdown of Arranged Marriage
Fee US$ NT$
80,000 24,000 4,800 2,500 750 150

Moe peet t bi ’f i,aqe ny r n d o r e a l bnut s e ds m y Small hotel accommodation Marriage Certificate (Fee charged by Vietnamese government) Passport (fee charged by Vietnamese government)

15

480

Proof of birth and single status of Taiwanese client 24 (Fee charged by Foreign Affairs Department, TPHCM) Translation of documents into Chinese 60

768

1,920 128

Documents issued by Foreign Affairs Department, 4 TPHCM Health inspection Interview and Visa application (Fee charged by TECO) Subtotal Return Airfare to Vietnam Bi ’oe r e n-way airfare to Taiwan ds Miscellaneous TOTAL 3,605 900 300 1,000 5,805 52 50

1,664 1,600

115,360 30,000 10,000 32,000 187,360

S uc: E Oi H M,G oe y ye nzjhn hysi ag ( o cso or T C n C “ ur u uj uii u zuih i ” N te fr e n i e xn i Taiwan citizens on marriage with Vietnamese girls) (HCM: TECO, September 1998). With increasing numbers of businesses entering the market, individual profit share will fall, and eventually no new businesses will be established. We have already seen the result of this competitive environment. A Vietnamese big matchmaker complained (January 2001) that the price for their service has dropped to US$4,500, excluding airfare of bride and groom and accommodation and jewelry for the future bride. Two years ago, the price was as high as US$6,000. At the same time, the price in Taiwan was about US$13,600; it is now US$10,000.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Since the entry-level skills for matchmaking are not high, anyone with sufficient social networks to link prospective brides and grooms is able to enter the market. In addition to the effect of price reduction, competition also produces many market rumors. We heard a number of negative rumors about Vietnamese brides. For example, on one occasion while dining with a large group of matchmakers, we were told that some girls introduced by other agencies are not virgins, or had been prostitutes, or that agents had forced them to marry. Such statements are hard to verify. As one agent sget “ asa rm r t th o e aec suet aaku” T i k do ugs d t t l u os h t t r gni s o tc s. h i f e h’ l a e h e t s n rumor seems to have become a weapon of market competition. Complete Commodification of Marriage The competitive market has led to price reductions, thus driving agencies to develop new strategies to accommodate the new environment, which in turn further commodifies arranged marriage. O esc sa g i t bodnoe sc l e ok t attract more potential n uh t t y s o rae n’ oi nt rs o re s a w customers. Such social transformations are undertaken to generate greater profits. A number of researchers have shown that social networks play a vital role in mediating between agencies and rural males in Taiwan. Our own fieldwork data concurs. Most organized agencies have an office in the area where most of their customers live. In the case of individual agents, the home doubles as an office, and the customers live in the neighborhood. To win the trust of customers agencies have to build up their r u t n T e ga n e hthya al t f d‘odg l frhicet ad e ti . hy ur t t t r b o i go is o t r ln ,n p ao ae a e e e n r’ e i s t ta oe gny de i d “ t ft e r e er so a y r sae f m t h ( n aec avrs ) i h u r bi r e t m r o ecpsr h a s te f e u d gt r o e marriage, we guarantee to arrange another free trip to Vietnam and pay all wedding cs ” F rcs m r f d g at s oty aetw o hsdn bs eswt ot . o ut e , i i s o s nn rt r u w h gn h a oe ui s i n h acquaintances, relatives or friends can reduce uncertainties associated with the transaction. As one customer replied when asked why he chose a particular gn “ aet I , heard someone mediate Vietnamese brides to my friends, so I went to him. I did not want to find unknown agent because I often heard some people were cheated, and they l t l o m ny i ot a y g g l o ao f oe wt u m r i a i” s t h rn r. Social networks are equally important in Vietnam. Recruiting different kinds of future brides is necessary for the success of businesses. Having more brides means of i m r “od”o hoe rm Whn Tiaee ro ihsat f ai f r g oe gos t cos f . e a a ns gom s ein o m k g en o w t n a decision within the short time available, being able to present a diversity of possible brides is advantageous for the agency. In addition, a number of relatives or friends – with differing opinions –may accompany the groom, so a wide range of choices is required. If an agency cannot offer a customer sufficient choice in one week, it will
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

lose the customer. So, to survive in this competitive market, agencies need more girls, with more diversified backgrounds, and different physical attributes. To achieve this diversity, small matchmakers make an effort to build as wide a network as possible. They search rural areas for potential brides, gradually centralizing all future migrant partners in TPHCM. Ascn i pr n si i t s a e i‘nw h’We i t vnsyt t eod m ot tk ln h m r ts ko -w o. m g ee a h a l i k h a ‘’nt ht o ko , u w oyuko ’T isi ivr bs i a ueur i is o w a yu nw bt h o nw . h k ls e ai n br c t t s l y c a ac country. To obtain legal documents, a professional has to understand the regulations thoroughly, be able to translate the documents, and crucially, keep an eye on the efficiency of the bureac t F rnt c,h m i proe f gom s eod it ur s o i a et a ups o a ro ’scn v i a. sn e n s to Vietnam is to sign the marriage documents in the judicial department of the future bi ’ p c o hueo r ir i . f rh v i t gom r un t Tia r e l e f oshl e sao A t t s it h ro e rs o a n ds a d g t t n e i s, e t w and awaits the bri ’a i l o ee oe inm s s a m t m kro u t t d s rv . w vr n Ve a ee m l a h ae t d sh e ra H , t l c l a “ a ro py m r t hs n h ap ct n h de nt aeo o e bc] e i gom as oeo at t plao, e os o hv t cm [ak hr f e e i i e t s nt m rae ou et . nt r i m t m kr os dt t w hv n o i h a i dcm n ” A o e b a h ae bat h “ e ae o g e rg s h g c e a problem to do it in AadBpoi e it gom pyI o e w rsbi s a n rv c” fh ro s a.n t r od, r e m y n e h b hasten the bureaucratic process, or help over-ride legalities. This money is referred to a ‘ f em ny.nsm css h coe t gbr ur s a ie dcm n i s c f oe’I o e ae t opr i ue c t f si ou et n oe e an a a lf d s order to pass the necessary health inspection. According to TECO TPHCM statistics (to the end of 1998), about 8% of Taiwanese grooms were physically handicapped and 0.7% were mentally handicapped. One matchmaker acted for two mentally handicapped Taiwanese, bribing the doctors to get a certificate of health. As he said, “ r, hv t ko t [ueur s w l adt nct t r h t et g e fs I ae o nw h br c t e, n h a h h i ti o i it e a a] l e c e g m v cf em ny. ui t i e ietpli l a pi saa s cr p o, e of e oe” D r g h n r tn o ta cm a n gi t or t n h n e tm t ic g n ui would not operate in this way. In general, the more connections with government officials a professional has, the faster the application process and the shorter the waiting time for Taiwanese grooms. Concluding Remarks and Prospects Most Taiwanese intermarriage with foreign brides can be regarded as a kind of ethnic marriage, for most of the brides are ethnic Chinese either from China or Indonesia. However, Vietnamese brides seem not belong to the category of ethnic marriage. The institutional theory of international migration suggests that the established institutions aimed at facilitating migration constitutes an important part of social infrastructure that lasts over time and increase the movements of population (Massey et al 1993). The case we study here shows clearly that were there no mediating mechanism offered by profit-oriented agency, there would be no such mass personal movement. Even in the situation of ethnic marriages, without the help of
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

mediating agency, the scale of intermarriage would not be as big as the present one. The analysis of the cross-border mediating agency improves our understanding of the m cai o ‘ m oie’ t nt nl a i e. ehn m fc m d i i e aoam ra s s o fd n r i rg In this article, we have attempted to place the issue of international marriage in a institutionalized profit-oriented social context, w i i dsr e a ‘ e h h s ec bd s t c i h cm oict n poes T e s rn pi w s t m aue t sa o t o m d i i rcs . h t t g o t a o esr h cl f h f ao ’ ai n e e e international marriage market in Taiwan. Socio-demographic change in Taiwan has created a market for profit-pursuing marriage agents. Agents scattered in different social spheres have gradually linked to form an immense industry. Two different industrial organization types have emerged in the matchmaking process to meet different market constraints. As the cross-border marriage market matures, more and more people enter the market, and competitive price, good quality and delivery on time become the necessary conditions for success. In this competitive process, brides become more and more commodified to conform to the new situation. They are required to aceteue pi st b ‘odeog’om r adt b m re ot cp r cd r e,o e go nuh t a y n o e a i u d c r rd when there is demand. The social networks of individuals are gradually transformed by agents in pursuit of profit. If cross-border migration is still dominated by agencies and resembles a commodity transaction process, it is inevitably subject to market supply and demand f t sTia’dm gah adsc -economic stratification is unlikely to change a o . a n e or i n oi cr w s pc o dramatically in the future, so the trend to marry foreign brides will continue, giving intermediaries a niche to make money from matchmaking. However, the human rights of the women involved, in Vietnam and in Taiwan, are being ignored by both government and society. About 16.5% of our in-depth interview respondents acknowledged that they were not satisfied with their marriage, and 10% of these respondents had even seriously considered divorce. The figure might not seem high, but if the percentage is converted into absolute numbers, more than 15,000 families might have problems. In addition, women trafficking to Taiwan is utilizing the marriage channel to import girls to sell into prostitution.2 The intermediary institutions seem have led the family union migration to commodification, or even worse, women trafficking.

2

A report on May 5, 2001 said that three Vietnamese girls had been imprisoned in a hut by a trafficking organization which

intended to sell them into prostitution. Taiwanese men masquerading as grooms had been used to get these girls into Taiwan (China Times Daily, 2001/5/5).

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

The Problems of the Brokers on Migrants and Marital Immigrants in Taiwan3
Hairiah

A. Background
The province of West Kalimantan is divided into ten kabupaten (residencies), i.e. Ketapang, Kapuas Hulu, Sanggau, Pontianak, Sambas, Landak, Sintang, Bengkayang, Melawi, Sekadau, and two Kotamadya (independent residencies), i.e. Pontianak and Singkawang (Badan Pusat Statistik, 2000, p.4). The area of the province of West Kalimantan is 146,807 square kilometers, and larger than the islands of Java, Madura, Bali, and Lombok combined together. The significant natural feature of the province is the Kapuas river which stretches for 1,140 kilometers. Locals use this river as the main medium of transport in the province. Another significant characteristic of West Kalimantan is that the area is 400 kilometers from Sarawak, East Malaysia and it takes only six to eight hours driving from Pontianak to reach Kuching, the capital city of Sarawak (Badan Pusat Statistik, 2000, p.5). It is argued that the geographical proximity of Pontianak to Malaysia, which results in lower travel expenses, is one major reason that makes Pontianak a key source of domestic labour for Malaysia and a transit area for migrant workers who wanted to enter East Malaysia or Brunei Darussalam. Based on the life census 2000, the population of West Kalimantan was 3.94 million which is divided into three major ethnic groupings, Malayan, Dayak, and Chinese (BPS, 2000, p.65). The Chinese, especially, are concentrated in several areas, i.e. Singkawang, Sambas, Kabupaten Pontianak, and Kota Pontianak. In the labour sector, according to Central Board of Statistics of West Kalimantan only 28,363 or less than 2% of its total workforce (1,693,461) attained university level education. The majority of the workforce is dominated by those in the not yet complete primary school educational category 506,754 (30%) and primary school category 469,422 (28%). Furthermore, the level of illiteracy in West Kalimantan is 12,41% of its total residents, particularly those who are in the >10 years old age category.

3

Hairiah, Director of The Legal Aid Foundation-Association of Indonesian Women for Justice, West

Kalimantan. Indonesia.The paper is presented in International Workshop for Asian NGOs on Female Immigrants and Migrants, May 13 to May 15 at Chien Tan Overseas Youth Activity Center, located at #16 Sec.4,Chung-Shan N. Rd. Taipei Taiwan 26

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

It is understandable that with such low quality of human resources, 60% of the labour force works in the agricultural sector (Badan Pusat Statistik, 2000, p.79). The second biggest economic activity in Pontianak is trade, which then followed by service and industry (Badan Pusat Statistik, 2000, p.79). It is clear from the data above that the principal economic activities in Pontianak are dominated by the informal sectors, such as agriculture and service. To improve the economic condition, some women decided to leave their villages and work as migrant workers in Malaysia. Particularly, for Chinese women, marrying foreign men (Singaporean, Malaysian, and Taiwanese) is considered as a more viable ot n Svr ‘uh f t shtocdt s w m nt l v t ihm sobcm p o. ee lps’a o t fr h e o e o e e h r o e t eo e i a cr a e e a e migrant workers or foreign brides, are: 1. Poverty Poverty arguably is the main reason for these women to migrate to another country in order to find a better life. West Kalimantan is the fourth poorest province in Indonesia. According to Badan Pusat Statistik 2003, 15,81% of urban residents and 14,42% of rural residents are categorized as poor. 2. Unemployment The high level of unemployment (8,80% at national level) was another significant f t t tpse’noei w m nt m ga . The National Census 2003 showed a o h ‘uhd Idns n o e o i t cr a a re that, in West Kalimantan, the level of workforce participation was only 60,94% in urban areas and 74,70% in rural areas. Consequently, the level of unemployment in urban areas was considerably higher (15,69%) than in rural areas (6,66%). The availability of informal sectors in rural areas- where specific skills and education are not necessaryarguably is the main factor that differs the employment situation between urban and rural areas.

B. The opportunity to marry foreign men
In order to better their lives, marrying foreign men- particularly Taiwanese- is considered by some Chinese women as a better option than working as migrant workers. This international marriage phenomenon began in the 1980s, when The Taiwan Trading B a v id WetK l at ad Snkw n.T e B a ’ m m e sw a or it d se s am n n n i a ag h or s e br a n i a g d s opportunity to strengthen the relations between Chinese Taiwan and Chinese origins in Singkawang through marriage. As a result, the number of international marriage btenSnkw n’ C i s w m n ad Tiaeem n s n i n yi r sd e e i a ag h ee o e n a ns e i ic t n e e w g s n w g fa l c a ee ya I Idns ,hs w m na cld“m iodr r e”fr a aee vr er n noei t e o e r ae y . a e e l a re i s o Ti ns l -b d w m n“re Snkw n C i s w m nt be their future brides. Bong Cin Nen, a e odr i a ag h ee o e o ” g n catholic priest from Singkawang, estimated that during 21 years (1980-2001), there were about 20,000 marriages between Singkawang Chinese women and Taiwanese men (Equator 23 Januari 2002).
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

This mail order-brides’ hnm nnw i a ub w ss r da m ast peo eo h h r al a t t s en o c g y ae seg e t C i s e n ’e t n, o hs eo e n x e e poib sc r t nt n h h ee t i r aosnw a bcm a et m l rfal et r h e n h c li r y t e o for some people. These people who work as brokers take advantage of low level of education among Chinese women in Singkawang, their unawareness of their legal rights, and the increasing of consumptive lifestyles in Chinese community. Those brokers are also benefited by gender inequality, particularly, the strong patriarchy culture in Chinese community which values daughter less than son. All those factors have been m n u t b boe t otn a n ’e i i so m rae. ai le y rkr o b ipr t pr s o fr a i s p ad s a es m sn rg They travelled to poor and remote villages seeking young women who lived in poverty. The brokers offered and persuaded these women to marry foreign men as means to better their lives. On many cases, these brokers employed local people who acted as match makers and wedding organizers between Indonesian brides and Taiwanese men. The future brides were required to give their total agreement to ee t n pooe b t boe i l i ad g ert bi ’r lhoo g a vr h g rpsd y h rkr n u n di ya o r e e crnl i l yi e s cd g n s ds a oc ae Iw sh cm o pate nt s i ut ’o t boe adh / r gn t g.t a t o m n r i i h ‘ dsy frh rkr n ih aet o e cc i n r e se s forge the paperwork; in fact many of these women were much younger than the prec bdl a ae f 8 O t o e hn,h bi ’ pr tp yda i icn sr e e l g o 1. n h t r ad t r e a n l e s n i t i g e h e ds es a g fa role in influencing her decision to accept the wedding proposal, especially if the daughter rejected the initial proposal. Usually, the latter occurred because the daughter thought that the age discrepancy between herself and the groom was too much. In such a case, some parents forced their daughters to accept the wedding proposal without further objection. Often these young women succumbed to this parental pressure in order to fulfil the perceived family obligation, the traditional female role of dutiful daughter and also to achieve their own personal expectation for a better life. As soon as the parents gave their permission, brokers processed all the necessary paperwork and the wedding preparations. The groom spent about 60-70 millions rupiah, including the travel epne f m T ia t Idns . T ebi ’ pr t uul r e e aot -6 xess r o a n o noei w a h r e a n say e i d bu 4 ds es l cv millions rupiah from the groom. After completing all the necessary ceremonies and paperwork, the bride was taken to Taiwan.

C. Problems
In such a case, it is obvious that a daughter is perceived by her parents as a means t btrf i ’ eoo i cnio.I cn b a ud t tt s yug ad o ee a l s cnm c od i t my t n t a e r e h h e on n g a e inexperience brides moved to Taiwan without sufficient information about the country and their legal rights. Consequently, whenever these women faced hardship in their m rae ad i i Tia,hy ol d nt n btcethi‘ t . o e r e a i s n len a nt cu o o i u acp t rf e S m ba r rg f w e d hg e a’ v brides opted to return to Indonesia and left their children in Taiwan.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Those who decided to divorce and separate from their Taiwanese husbands often did so because they had been physically, psychologically, and sexually abused by the husbands. As soon as the women arrived in Indonesia, some of them applied for divorce. A cri t Snkw n’c icutf m 19 t 20,hr w r 10‘ a odr cod g o i a ag i l or r 97 o 03 t e e 7 m i re n g s v ,o e e l bi sw od ocdt iaui Tiaee ubnsU fr ntya e d oc g r e’ h i r h r bs e a ns hsad. not a l f r i r n d v e e v w u e, t v i the husbands, these women were unable to obtain the custody rights for their children. According to Indonesia civil laws, a child of an International marriage between an Idns nw m nadafr g m naot t hsad nt nlyut se e noei o a n a oe n a dp h ubn’ aoat n l h/ i s e s i i i h reaches the age of 17 when she/he can choose which nationality she/he wanted (UU no.62, Tahun 1958). It is clear that the international marriage between an Indonesian woman and a Taiwanese man, in some cases, has placed the woman in unfortunate situations. In an ae p t po ct w m n r h in an international marriage, in 1997 The Chinese tm to rt th o e’ i t t e e sgs Forum, together with local priests, required that the couple produce a letter of permission from both the prospective parents/guardians prior to the wedding.

D. The efforts
As one of the organizations t tw rs frw m n r h i Idns , h a ok o o e’ i t n noei s gs a particularly in West Kalimantan, LBH-APIK provided legal assistance for women victims of international marriage. LBH-APIK also designed and organized public education through media by providing all the necessary information and legal consequences for Indonesian women who choose to marry foreign men. At the higher level, LBH-APIK together with some local NGOs and local government have tried to formulate the Regional Action Plan. This plan is based on the National Action Plan on the issues of human trafficking, especially the trafficking of women and children. According to Presidential Decree, no.88, 2002, definition of women and children trafficking is; “ lfr s f cos ne ae b pre a r o t fci Alom o at n udr kn y e t t s fr f k gthat have one or i t p ro ai n more of the elements of recruiting, transporting between regions and countries, transferring, sending, receiving and temporary placement or placement at their destination of women and children. It includes using threats, verbal and physical abuse, abduction, fraud, deception, misuse of vulnerability (eg. If someone has no alternative, is isolated, addicted to drugs, trapped in debts), giving or receiving payments or profits in cases involving women and children who are used for prostitution and sexual exploitation (including pedophilia), legal or illegal migrant workers, child adoptions, fishing platform work, mail order brides, domestic helpers, begging, pornography, drug dealing, selling of body organs, as well as other forms of exploitati ” o n

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

LBH-APIK, local NGOs and the local government have worked together to prevent and stop trafficking, particularly women and children trafficking. Regarding trafficking issues, we realize that our main problem is the unavailability of comprehensive and specific legal mechanisms and also lack of coordination and network mechanisms among the stakeholders. Therefore, our main responsibility is to build solid network mechanisms where each element of society is responsible and actively involved in preventing and ending women and children trafficking.

E. Hopes
A person is free to marry someone she/he wishes regardless of her/his nationality. The most important thing is the availability of accessible and accurate information about both parties, i.e. identities, legal consequences, prior to marriage. The problem arises when one of or both parties are unable or prevented from accessing accurate information. This may lead to various kinds of exploitative treatments as we have seen in some cases regarding mail order brides. I believe that it is our main responsibility to increase public awareness on the issue o pb cear h , i ec aa sw m n ad o e’r h , ee l,n m i f ul l li t v l e gi t o e,n w m n i t gnr l ad a i g gs on n sgs ay l odr r e peo eo, a i l l T ah v sc oj re bi ’ hnm nn prc a y o ci e uh b ctive, we need to form ds tu r . e e solid national and international network mechanisms. I believe that the availability of sl ntokm cai swlhl u i i poi w m n r h adcnio. o d e r ehn m i e s n m rv g o e’ i t n od i i w s l p n s gs tn Therefore, in this international workshop, I hope to learn and share experiences with other friends and I hope that this will widen my horizon and enrich my spirit.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

The Broker System in Taiwan, A Bane to Filipino Migrant Workers
Aurelio Estrata Paper of Asia Pacific Mission for Migrants (APMM) for the Workshop on Female Immigrants and Migrants May 13-15, 2005 Taipei, Taiwan Taiwan is one unique place in the world in that it legalizes the extortion of exorbitant fees for blue-collar foreign workers by Taiwanese brokers. At the same time, in practice its government provides such brokers with unlimited powers over the migrants and more often than not shields them away from any wrongdoing. Aside from the brokers, migrant workers need also to pay placement fees for recruiting agencies in their home countries. Labor exporting countries like the Philippines accept this reality without questions or make its own policies called Memorandum Circulars suited to particular places like Taiwan. Historically, the Philippine government has revised its own regulations twice since 1998 on how much should the placement and broker fees should be in the island. These policies, however, make sure that its economic interests in its Labor Export Policy are not diminished. The Philippine government also earns a lot from the fees that the migrants are paying to certain government agencies. At the same time, it has in its possession a P2 million bond and escrow from each Philippine agency allowed to deploy workers to Taiwan, which it can use for whatever purpose it desires. It also needs the remittances of the Filipino workers to prop up its bankrupt economy. E obtn B o esF e xri t rkr’ es a In 1998, the Philippine government pegged a uniform salary exclusive of documentation and processing costs.4This was hardly followed in practice as both placement agencies in the Philippines and brokers in Taiwan set their own recruiting fees without issuing any official on what they collected. Or these same entities disguised these overcharging through the issuance of fraudulent loans. The collection of exorbitant fees created much outrage from both migrant workers and advocates alike cm n m syf m R m nC t l C uc N Os T i l t pti s n g oi g ot r l o o a a o c hr G ’ h e o et n i i hi h . s d io g n campaigns and esearches meant to expose and oppose such practices. In the year 2000 at the urgings of a priest named Fr. Marco Brioschi of the Catholic Bsos of ec o t P ipi s C C ) p cpl o m s o frh Ps r i p C ne ne fh h i n ’ B P E i oaC m i i o t at a h r e lp e ( s sn e ol Care of Migrants and Itinerant People (ECMI), an agreement supposedly to make placement/brokers fees more transparent was forged. This was signed between the Taiwanese brokers and Philippine placement agencies with Fr. Marco signing as witness on behalf of Bishop Arguelles of the CBCP.
4

MEMORANDUM CIRCULAR NO. 09 Series of 1998, POEA

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

The Philippine government took advantage of this by drafting another memorandum circular (MC) in the first quarter of 2001, which revised its 1998 MC. Through the Philippine Overseas Administration Office (POEA) it stated that its basis for the r io i a e cnu aoswt “ civil society/non-governmental organizations, the e s n s f r oslt n i the vi t ti h private industry sector and its counterparts in Taiwan, and upon recognition of the role of Taiwan manpower agencies (TMAs) by labor sending countries, including the Philippines, in facilitating and providing welfare services to foreign workers: 5” In effect, the Philippine government concurred with brokers and placement agencies in legalizing overcharging of its fees. Besides the pre-deployment fees to be collected as enunciated in the MC of 1998, on-site fees were added. A total of NT$52,000 were to be collected from factory and construction fees for registration and handling fees. For those working in homes this amounted to a total of NT$32,000. It was also made clear that the employers should shoulder the airfare of the migrants. This again changed in November 2001, when the POEA issued another MC to comply with the new rules of the Council of Labor Affairs on the matter, which is still being implemented.6 But besides the new fees, the new MC is silent on the payment of airfare, but in actual practice it is now shouldered by the migrants and is legalized through the addition of an addendum in the contract regarding this. In addition to this, it reechoed a new ruling by the CLA that board and lodging fee for those working in factories and construction may be charged to the migrants of up to NT$4,000 each. A t sm t et C Aiee dni t thr ia rkr f . aiao s th a ei ,h L s vn ey g h t es boe ’e Whttl w , e m e n a e s e l it says, are only service and transportation fees. The Manila Economic and Cultural Office call it on-site handling fees. This was implemented in January 23, 2002 and charged for those who obtained their ROC visa after November 9, 2001. Those who came in before those date where charged a maximum of NT$1,000 a month.7 Collection of on-site handling fees should remain as follows: 1st year 2nd year 3rd year NT 1,800/month 1,700/month 1,500/month

If the worker will return to the same employer, service and handling fees will be NT1,500/month for the 4th, 5th and 6th year. If a different employer, the fees would be: 4th year 5th year 6th year
5
6 7 8

-

NT 1,800/month 1,700/month 1,500/month8

MEMORANDUM CIRCULAR NO. 05 Series of 2001. POEA MEMORANDUM CIRCULAR NO. 19 Series of 2001, POEA What Foreign Workers in Taiwan Need to Know, pp. 23-25, Bureau of Employment and Vocational Training, July 2004 MECO Labor Center, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Supposedly, there should be a Services Contract agreed upon both by the Taiwan broker and foreign worker. The service fees can only be collected if there is an itemization of services with the corresponding fees agreed by both parties. In addition to these, foreign workers should sign a Fees and Salary Declaration of Taiwan Bound Workers form. This specifies all the fees to be paid in both sending and receiving countries and the amount of wages to be made in Taiwan. After the Philippine Overseas Administration Office (POEA) has verified this, this should be shown to TECO when applying for a visa. The Philippine Labor Representative in Taiwan again authenticates this.9

Processing Cost For Agency Hire in Philippines Placement Fee: (equivalent to one NTS15,840/ PHP26,769 month salary Processing Fees: POEA PHP200 OWWA Membership Contribution USD 25/PHP 1,275 OWWA/PhilHealth Medicare Premium Documentation Costs Visa/Work Permit Medical Examination Miscellaneous (Passport, NBI Clearance, notaries, pictures, PDOS, etc.) Airfare TOTAL PHP900 PHP3,600 PHP3,395 PHP1,000 (USD150-200) PHP11,200 48,679++ (XR: 1USD= 56.00PHP)

Source: POEA http://www.poea.gov.ph/Country/taiwan.htm In addition to this even rehires that need to exit Taiwan after three years of work need to pay again the placement fee and all other necessary documentary costs including a new visa from TECO.10 When Filipino migrant organizations raised this issue in a dialogue with MECO on August 15, 2004, the Philippine officials present admitted that there is an existing agreement between the Philippine Overseas Employment Administration (POEA) and the CLA regarding this.11 That is why it is not surprising that the Labor Representative, Reynaldo Gopez has time and again even endorsed the rights of brokers and suggested strengthening its powers. On November 29, 2004 Mr. Gopez stated that mandatory direct hiring, among other

9

What Foreign Workers in Taiwan Need to Know, pp. 25-26, Bureau of Employment and Vocational Training, July 2004 ME OL br er eti Et r . u a’as et t q of Gi Estrada, APMM in January 2003 C ao R pe n t e s eFG i o nw ro h uery s av h r s e 11 Present Situation of Blue Collar Foreign Workers in Taiwan, Gi Estrada, APMM, Undated, 2004
10

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

things, is impossible eas “ iwlv leh r h o r ri etgni …” bcue t s i i a t i t fe u m n aec s 12 h l ot e gs c t e This is in reaction to a statement signed by many Filipino migrant organizations opposing the increasing costs of deployment to Taiwan.13 And very recently this year, the Labor representative stated again in Taiwan News that h “ ol r us Tia’ C uc o L brA f r (L )t m na Tia e w u e et a n oni f ao f i C A o adt a n d q w s l as e w manpower agencies to provide board and lodging to migrants who are awaiting transfer, o a i o e i l o d pt ” which in actuality is already happening. His main r r n l d n a r i u s14, e vv b s e r snfrh i t t lsee rnb N OsadME O ak a gvre b e o o t s s h a hlr u y G ’ n a i a l ts C l e r oe d y i e n regulations. We will talk more about this later. In addition to Mr. Gopez, the Manila Regional Trial Court on Dec. 14, 2004 ruled that portions of the Migrant Workers Act, pertaining to illegal recruitment, are unconstitutional. 15 Migrante International quickly responded that, in effect, the decision would legalize overcharging of recruitment agencies including the non-issuance of official receipts for payments collected from Overseas Filipino Wokr ( F s U drt Mi at re A toe hri i eu a n t re O W’. ne h s ) e g n Wokr c vr a n s qi l t o r s , c gg ve illegal recruitment.16 Earnings of Philippine government from migrant workers in Taiwan
Year Deployed workers Actual number of workers Earnings from Government at P3,040 each migrant Remittances in US$93.2m US$93m US$ at US$816 each migrant based on 2000 based on 2000 US$80.1m US$59.3m based on 2000 calculation US$56.7m based on 2000 calculation US$66.4m based on 2000 calculation US$74.4m based on 2000 calculation 114,25 5 P265.6m US$6.8m P256m US$6.3m P155.4m US$3.1m P116.6m US$2.2m P141m US$2.6m P137.4m US$2.5m P137m US$2.4m 113,928 98,161 72,779 69,426 81,355 91,150 1998 87,360 1999 84,186 2000 51,145 2001 38,311 2002 46,371 2003 45,186 2004 45,059

calculation calculation

Services rendered by the brokers and their responsibilities According to MECO, these include the following:17 Providing transportation services to and from the airport Providing transportation and food whenever there is medical examination

12 Kabayan, Taiwan News, November 29, 2004 13 Oppose Systematic Increase of Costs of Deployment to Taiwan! Joint Statement of Filipino Migrant Organizations in Taiwan,
Nov. 20, 2004

14 Protecting workers' rights is Manila's mandate, says concerned national, Kabayan, Taiwan News, April 24, 2005 15 Manila Court Strikes Out Unfair Provisions of Migrant Workers Law, Arab News, January 2, 2005 16 Mai C ut eio A gr More Misery for OFWs, APMM News Digest, December, 2004 n a orD c i uu’ l sn s
17

Ang Pagtatrabaho ng mga Dayuhang Manggagawa sa Taiwan, http://www.poea.gov.ph/html/gabay_taiwan.html

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-

-

Providing board and lodging in case the worker is allowed to transfer to another employer Getting the Alien Residence Certificate (ARC) of the worker On site orientation Providing assistance to the worker in case he/she is to be terminated by the employer Providing assistance in terms of mediating between the worker and employer whenever there is friction between them based on the methods of settlement agreed upon by MECO-CLA. Providing assistance in filing information/documents/cases to the authorities concerned in Taiwan like the tax bureau, police, labor, bureau, etc. If it becomes necessary, to assist the worker in transacting business with the bank and of remitting money to his/her family. The Taiwanese broker should always ensure the security of the worker and to get all the benefits that is due him/her and in the shortest time possible.

The reality One question needs to be raised though. Whose side does the broker really represent especially when there are disputes between the employer and worker? This was very clear in the case of Cecilia18 who was terminated by her employer, Asustec, and was sent directly to the airport. When the author helped to negotiate better terms for Cecilia i ME Os fc, e boe am tted that she was representing Asustec when asked n C ’of ehr rkr d i i by a Philippine government official. Cecilia was not even given food by the broker for t e t e w i se a s y g te boe’p c. h ei s h e h w st i ahr rkr l e r m l an s a In the first place, the interests of brokers and workers are totally at odds with each other. Brokers exist for profit and they would be more than happy to see a worker sent home as they could find another one as a replacement. Then what if the workers have conflicts with the brokers themselves? 1. Case 1 – Virtue Human Resources Co. In the case of Maricor et al who used to work as caretakers at the Hsin Yang Ming Hospital Nursing Home in Taoyuan, the broker named Dallas Huang of Virtue Human Resources Co., Ltd. was even given the right to take custody over the workers. The Taoyuan Labor Bureau gave this right to him even if the workers had a conflict with D ls vr vr a i o boe ’e adwt t e p yr o nn aa oe oe hr n f rkr f n i h m l e fr o-payment of l c gg s e h e o overtime pay. Mr. Huang took the female workers to a place, which they initially did not know. He then took the liberty of intimidating the workers by threatening them in several ways. What broke the workers will was his subtle way of intimidation. While drunk, he visited the workers one night at around midnight and was accompanied by a number of male persons. Immediately after, the caretakers signed the waiver he was forcing upon them on Dec. 11, 2004 and sent them home afterwards.
18

Family name not provided for the workers protection

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

This is not the only case of Mr. Huang. Another 5 female caretakers at the Fu Lin nursing home in Hsinchu County were successful in getting back wages for overtime and severance pay from their employer. However, all five were not able to get back the maximum amount of NT$50,000 overcharged them by the broker. The Hsinchu Labor Bureau did not uphold the enunciation of the CLA that The private employment service agencies shall not collect the fees other than those spl e i “t dr f Lcne F e ad OhrF e C lc d b Pi t t u t n S nad o i s e n t i ad a r e e es o et y r a l e ve E p y etev e gni ”f mt f e nr 19 m l m nSri A ec s r h o i es o c e o e rg . And MECO could not do anything about it except persuade the workers to file a case in the POEA and blacklist Mr. Huang. Initially, the broker offered to pay back only ¾ of the overcharged fee. MECO on the other hand tried to persuade the workers to accept it as the workers were told that Mr. Huang should not shoulder all the blame as the migrants had signed a side agreement in the Philippines that they had incurred a loan with their placement agency. Despite his being blacklisted by MECO, Mr. Huang continues to operate as a broker. Another case of overcharging is pending against him at the Chu En Fu Elder Care Center in Sanshia, Taipei. There was a deadlock in the settlement of the dispute between the employer/broker and the workers at the Taipei County Labor Bureau on May 5, 2005. And because of this, the case would have to go to court.20 This is despite an illegal act done by the employer by firing all the 4 complaining w re . ep et s adMrH ag otgt i t t envroe hre t okr D si h , n s t i . un’ u i l h h ee vr a d h s rh e a c g e brokers, the employer was able to hire two Indonesian caretakers the next day through t boe’as t c. h rkr s s ne e s ia 2. Case 2 – Asia Human Resource Management & Consult Co. Ltd. Another Wang, but with a different spelling and whose name is Grace overcharged 19 factory workers in Tai Fong Circuit Industry (TCI) in Sinfong, Hsinchu and two caretakers also in the same area. But compared to Dallas Huang, Grace of Asia Human Resource Management & Consult Co. Ltd. was more blatant in overcharging. All of these reflected in the pay slips of all the workers with the employers consent. The TCI workers paid NT$6,000 a month for 20 months, while the two caretakers paid NT$9,000 a month for 10 months.21 This payment was allegedly for a loan incurred in the Philippines with the placement agency. With the assistance of the Hsinchu Confederation of Trade Unions (HCTU), all if not most of the overcharged fees were given back to the workers. But again, the Hsinchu Labor Bureau turned a blind eye on the erring broker and never fined it or anything.
19 20

Rights and Obligations of Foreign Workers, http://www.evta.gov.tw/english/workers.files/ehome4.htm Minutes of the settlement dispute at the Taipei County Labor Bureau, May 5,2005 This was never signed by the workers 21 APMM News Digest, December 2003 and June-July 2004

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

It seems the CLA and its local bureaus do not give a damn in penalizing Taiwanese brokers. In a dialogue with the CLA in Nov. 25, 2004, they stated that of the 500 complaints against such entities from January to October of 2004 for charging excessively only 15 or 3% had been fined. The CLA also admitted that it has never revoked the license of any broker company but has suspended some since the time that they have been in operation.22 E e t C Asof i anucm n o oe hri a b vn h L ’ fc l none et n vr a n r iased in favor of e ia s c gg e Taiwanese brokers. The CLA blames overcharging solely on placement agencies of sending countries or to employers who allegedly collects kickbacks from the brokers. These are very clearly enunciated in its report on protection of foreign workers: If the manpower agency involved is found guilty by its government, its license will be revoked according to Taiwan's Regulations on Approval and Management of Private Employment Service Institutions. By October 2002, 13 Thai, 39 Filipino and 1 Indonesia manpower agencies had their licenses revoked by Taiwan authorities. The practice of overcharging brokerage is caused in part by employers who receive kickbacks from manpower agencies. In order to solve this problem and ensure the rights of foreign workers, CLA has revised its Employment Service Act and other pertinent regulations that authorize the government to disapprove application for foreign labor or revoke a permit if the employer involved is found to receive kickbacks.23

3. Detention and Other Powers Brokers, however, have other powers or abusive practices that even police authorities condone. These include the following: a. Detention powers On two occasions known to APMM, Kan Ling, a broker for Ritek and other companies in Sinfong, Hsinchu had detained three Filipino workers. The first occurred on the night of March 7, 2004 when two Filipino workers in Ritek were involved in a brawl. They were promptly padlocked in two separate rooms of the ladies dorm. The next day, they were deported. When a Taiwanese working for the same company, called the police, he was merely told two things. Allegedly, hat the conditions in the detention center were

22

Statement of APMM, Taiwan Workers
23

s Council of Labor Affairs (CLA) Attitude will not solve the Runaway Problem among Foreign

REPORT ON PROTECTION OF RIGHTS FOR FOREIGN WORKERS IN TAIWAN, III, 1. I and iv http://www.evta.gov.tw/english/workers.files/engtitle.htm

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

humane and that the broker had the right to monitor and hold erring foreign workers who are to be deported.24 The second incident occurred in May 2004 when Willy Rodriguez was caught stealing the ATM card of his fellow worker then withdrawing money from the ATM machine. He was also detained by Kan Ling in the same dorm and was not allowed any visitors. APMM had to right MECO to intervene which they did. They told Kan Ling that the court only gave it custodial and not detention rights and that Willy should also be allowed visitors. b. Custodial and Deportation Powers Like previously stated in the case of Maricor, et al, the Taoyuan Labor Bureau gave custodial powers to their broker even if they had a dispute with each other. The same Labor Bureau also gave another broker the same power to a Filipina who complained of sexual harassment by her employer, even if supposedly in sexual and physical abuse cases, such migrants should be taken to other shelters not owned by brokers. Another power that brokers exercise is taking the workers to the airport that had been illegally terminated. This is in connivance with employers. Brokers are not held criminally liable for these even if such acts are unjust, against the will of the workers and cause a lot of stress on them. Then there is a rape case known to APMM that was allegedly committed by a legislator. When the victim, reported the alleged rape case, the broker immediately took custody over her. But she was told bluntly that she should not report this to the authorities as this might affect the chances of the legislator in the coming elections during that time. At the same time, the broker acted as the agent of the broker in negotiating a settlement with the victim, which she finally accepted for fear of physical retribution. Boe a oat s h i p m n r o t e p yr uj t o c sO at s rkr l c a t m l et s fh m l e ’ n s pli . r c a s s e e e e o s u ie t e p yr hnchmen when workers complain. h m l e ’e e o s A Taiwanese lawyer that we consulted had this to say. Detention of migrant workers is definitely an unlawful act and even a crime in Taiwan, in case they used practical force or threat to do that. He added that only government officials could lawfully use force to deport foreigners. And in conclusion, he said, no private pr n n y sc a or du at ry vr t r pr nlr dm ad oy e o ej s uh hr nos u oi oe o e s e oaf eo n bd s o e h t h’ s e integrity without specific statutory authorization. And as stated earlier, Mr. Gopez of MECO is requesting the CLA to mandate Taiwan manpower agencies to provide board and lodging to migrants who are awaiting transfer, or are involved in labor disputes. This is tantamount to feeding them to the lions especially when migrants are in the latter category.

24

Do Taiwanese Brokers Have Police Powers? APMM Statement

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Paying Lip service Both the Taiwanese and Philippine governments are trumpeting that one way to solve the overcharging of brokerage fees is for promoting direct hiring programs. The CLA has stated that it had concluded bilateral agreements on two countries regarding this. These include Thailand and the Philippines. For the latter, there had been two memorandum of agreements made so far on this. B ti a i om ltk wt A MM’ T ia C od a rr et ,Mr G pz u n n n ra a f l i P h s a n ori t e n y w no c l . oe admitted that the special hiring program for Taiwan (SHTP) is a failure in that it has no teeth. The agreement is only optional and not mandatory. Indeed the figures attest to this. In 2002, the Philippine Overseas Employment Agency (POEA) admitted that only a total of 157 workers were deployed for 2 employers, namely, Dominican International School (Primary and Secondary Teachers-14) and Nanya Plastics Corporation (General/Factory Workers-143). A total of 46,371 Filipino workers were deployed to Taiwan that year. This means that only .003 % did not pass through agencies in 2002. The Philippine Labor Representative, however, seems not deterred by these miserable figures. He is banking on promoting the SHTP to those working at homes, that is if the employers would agree to it. On illegal repatriation, the CLA says that it has required that the employer and the worker in the presence of a local labor authority must sign an agreement of contract termination. And supposedly foreign workers in Taiwan are now furnished with an orientation packet that contains comprehensive information on how to prevent an e p yr r apw r gny rm fri a ar m n (f ot ct m nt n.t m l e o m no e aec f o o og g n ge eto cn ate i i )Is n e r r ao ’ 25 another matter though if these are being implemented. Conclusion The best solution for the abuses that the broker system foments is for its total abolition. This can be done through mandatory direct hiring instead of the illusionary one being practiced right now. According to a Philippine government official, two of the reasons why their nationals run away from their employers include excessive, illegal collections of fees by manpower agencies26 and that they were going to be arbitrarily repatriated. Another solution would be for the introduction of the standard employment contract so that all side agreements being forced upon the workers are considered void. The brokers and/or employers are forcing these on the workers. At the same time, the detention and custodial powers of the brokers should be taken away from them or even be considered

25

REPORT ON PROTECTION OF RIGHTS FOR FOREIGN WORKERS IN TAIWAN, http://www.evta.gov.tw/english/workers.files/engtitle.htm 26 Labor Council offers amnesty for runaways, Taipei Times, August 30, 2003

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

c m nlI t fs p c,ts h gvrm n ’ epni lyt pi a l as tt r i .n h it l e ii t oe et r os it o r ry s s i i a e r a e n s s bi m i i s nationals and not private firms solely motivated by profit. O cus is nt r ae ibt gvrm n hv t pli l i t i p m n f or t ao e m trf o oe et ae h o ta wl o m l et e’ h t h n s e ic l e these. The Philippine government would want to maintain the status quo as its economic benefits from exporting its own people are more valuable than in protecting the interests of its blue collar workers. This also holds true for the Taiwan government. It needs the brokers to keep in line the foreign workers who might want to assert their rights because of exploitation and abuse by their employers. This ensures a regular supply of docile and cheap labor. There is therefore a need to develop a strong migrant movement that should have strong ties with local and international advocacy and solidarity groups. It is only through the actions of this movement that will ensure that changes for the better would be possible in the foreseeable future.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Migrant Women in Korea through International Matchmaking
Kim Min Jeong This paper aims on studying the development of migrant women who had international matchmaking with Korean males today, and mentioning the existence of detailed law system and parts to improve by studying the systematic consideration related to their humane reality within Korea. Also, I am going to simply introduce about the organization – WeHome currently working.

1. Present Status of Korea
According to the data from National Statistical Office, there are total of 127,762 migrant women who married Korean men from 1990 to 2004. It shows that international matchmaking is increasing recently based on the fact that it was only 619 women who registered their matchmaking with Korean men in 1990, while it was 19,214 in 2003 and 25,594 in 2004. Among 25,594 women who registered for international matchmaking in 2004, there were 70.4% Chinese, 9.6% Vietnamese, 4.8% Japanese, 3.8% Philippine, and other citizenships according to the citizenship distribution entered Korea. The specific statistic data is <Figure 1>. As seen in <Figure 1>, matchmaking with female immigrant increased at 2000 after a specific period of decrease during Korean economic crisis at the end of 1990s. <Figure 1> Yearly change of migrant women spouses who married Korean men(number of persons) – National Statistical Office 05,
3 ,0 00 0
2 ,9 55 4

2 ,0 50 0
1 ,1 92 4

2 ,0 00 0 1 ,0 50 0 1 ,0 00 0
31 9 ,0 1 ,4 26 7 1 ,1 10 7 1 ,6 03 5 92 6 ,6 1 ,0 00 6 80 4 ,5 73 4 ,0 57 5 ,7 20 7 ,5 30 2 ,7

50 0 ,0
6 96 3 1 6

0

9 9 9 9 9 9 9 9 9 9 2 0 1 2 3 4 5 6 7 8 9 0 1

2

3

4

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

According to <Graph 1> and <Figure 2>, 70% of women spouses have Chinese citizenship, and most of them are Korean ethnics. The most significant part is that 10% of the married spouses in 2004 are Vietnamese women, and this number is related to the rapid increase of Korean businesses introducing Vietnamese women since 2000. C r n y bn t s rt ‘ a yVe a eev g s cnb fuda a ud ur t , aie w ie m r inm s i i ’ a e on l r n el s r tn r t rn l o the country. As a result of such situation, a wife with Vietnamese citizenship within Korea is no more an awkward in our surroundings. Such situation is considered relevant to the providing structure of Vietnam, but I suspect that this know-how of the providing structure is based on their experience in past of providing women to Taiwan. Such meditation businesses in Korea are sort of free businesses, and the secret maneuvers of how many businesses exist in Korea is not yet counted. There is a law currently in p reparation as persecution cases are rapidly increasing. <Graph 1> Citizenship distribution of foreign spouses of Korean men(number of persons) – National Statistical Office 05,

2001 Total persons Japan China U.S.A. Philippines Vietnam Thailand Russia Mongol Others 10,006 976 7001 265 510 134 185 157 118 660

2002 11,017 959 7,041 267 850 476 330 241 195 658

2003 19,214 1242 13,373 323 944 1,403 346 297 318 968

2004 25,594 1224 18,527 344 964 2,462 326 318 504 925

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

<Graph 2> Citizenship distribution of foreign spouses of Korean men in 2003 and 2004(%) – National Statistical Office 05,
8 0 7 0 6 0 5 0 4 0 3 0 2 0 1 0 0
65 . 73 96 . .

6. 7. 96 24

20 03

20 04

48 .

17 13 . . U SA ...

49 38 . . Ven m i a t

. . 18 13 15 12 17 2 . . . R si us a

5 36 . Oh r tes

Jp n aa

Wegnr l t n o “ r bce r w e w sym nhv i e aoa ee l h k f f m ahl s hn e a e ae n r t nl ay i a o” tn i matchmakings. However, the ratio of re-matchmaking is increasing according to the statistics, and I understand that an industrial structure where men can have another spouse whenever with a certain amount of money paid is the cause to make men marry again through an easier way. Today, the formal cost needed to marry with these women differ for each country, and each meditation businesses, but it is generally US $9,000-11,000 through consultation, and there are people there are additional cost from US $500-3000 in case of men. <Graph2> The sort of matchmakings of Korean men spouses(number of persons) -05, National Statistical Office Year Total number First matchmaking Re-matchmaking 2001 10,006 6,676 3,230 2002 11,017 7,739 3,844 2003 19,214 11,175 7,781 2004 25,594 13,667 11,591

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

<Figure3> Yearly change for first matchmaking/re-matchmaking of Korean men spouses(%) – national Statistical Office 05,

8 0 7 0 6 0 5 0 4 0 3 0 2 0 1 0 0 20 01 20 02 20 03
4. 0 5 3. 2 3 3. 4 9 6. 6 7 7. 0 2 5. 8 2

F s m ra e i t ar g r i R - ar g em ra e i 5. 7 4

4. 5 3

20 04

(1) Current Status of Poverty From an experimental case and observation, foreign spouses who marry Korean men have economic difficulties for diverse reasons. Therefore, women with citizenships other than Chinese do not get any formalized language education, nor are they provided with proper labor cost along with other foreign employees as they enter Korea. Not only does the government not provide any technological educations to the poverty class since they do not have Korean citizenship, but also are they not provided any formal and full service for the most simple Korean education to survive. (2) Current Status of Violence No research has been made for foreign spouses who married Korean men in country unit, but as a result of conducting a research for 100 women who had international matchmaking in Gwangju Women Development Center in 2002, 30% is enduring spouse violence –57% physical violence, 18% violent words, 12% economic c eyad 6 o t m as e d hthy j tnuet r l ,n 4% fh nw r t t ‘ sedri. ut e e a e u ’ According to the consultation cases, there are many cases where immigrant females have wrong information in the process of deciding the matchmaking in their home country, or where they marry irrelevant to their decisions such as threat or fraud.
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

F r xm l ‘ K r ,a e a r pc d n r h,t m n ae uh oe,o o ea p ,i oe f m r r e et ad i ’‘ e e hv m c m nys e n a r s e s e c h d nt r gay i ’ ‘ hv ac st u o c t sfr o’ ‘o wlhv n o o bi nt n , I ae l e fl f l h o yu, yu i ae o n hg o l oe l problem in living si e h m nis r h,I i sn 30dlr pr ot t yu n t a s o i ’‘wl et 0 o a e m n o or c e c l ls h f i bc i yu hm cut ’‘o wlgto t yn oe’ad t r I sm a l ak n or o e on y,yu i et s d i K r ,n o e .n o e my r l u a hs css hr t w m nt ndw t m n ‘ o wlpn hyu i cs o cr i ae w e h o e u o n h e,G d i ui o’n ae f e a e e r e l s tn r i os‘a a t cs seto ae a o yu,py lt m ny e a t py eg n,py l h ot pn t t cr f o’‘a a h oe h hd o a li le s k e le s c h cm a t w y e ’ad t rhetm k t mm r . i e e a e l h a hr ,n o et a aeh n le e h r s e ay r T dys a h ai wt K r nm na m i ydn t og m t m k g oa’ m t m k g i oe c n h a e r a l oe h uh a h ai e n r c n information company, specific religion group, and personal introduction. Among the contents in the consultation, there are many cases where men avoid inviting their spouses to Korea after sexual activity due to rapid decision to matchmaking due to the characteristic of this sort of matchmaking, some Vietnamese women are sent back to their country even when they are pregnant. As 20s women marrying older Korean men are increasing, there are more and more cases with women not only being sexually harassed within the families, but also being treated like an employee or a maid. Also, there are even cases where the brokers or spouses sent them back to their countries by force if a problem occurs within the family. Even when they come to Korea, many women are exposed to cold prejudice from the surrouni s‘i u e a h ai ’‘ep w om re fr oe’‘ep t d g;d gi m t m k g,pol h a i o m ny,pol o n s s c n e rd e rn w y,w oe ad ay t r r ui sS c w og r ui s ee l sr d u a a’‘ hr ,n m n o e pe d e. uh rn pe d e gnr l pe ’ h j c j c ay a in the society either strong or weak are understood as the largest factor to prevent multi-cultural families to root down healthy in Korean society. Currently, some of the women who select matchmaking as a tool for immigrant is in trafficking or cases where they are demanded sexual trade from their spouses, so special interest and protection measures are demanded for these women.

2.Current Status of Governmental Migrant Women related Policy
The Korean government allows even the foreign male spouses married to Korean women to achieve citizenship through professional revision of national law on December 13th 1997, but the chances to achieve the citizenship along with the international matchmaking in the past, the qualification is given after living 2 years in
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Korea. The qualification conditions are relaxed to give naturalization chances for those who are realized proper by the Minister of Justice after satisfying the residual period for naturalization in case of spouse death or missing, divorce or separation due to spouse, and nurture of juveniles since January 20th 2004. The Korean government is entrusted with operation of 2 migrant women victims of trafficking recess centers in the country, along with legal consultation and homecoming supporting since 2003. The Korean government is providing domestic emergency phone 1366, migrant women victim of trafficking recess centers, and three way interpretation service in English and Russian since 2003. The Korean government is providing legal service free of charge from Korea Legal Aid Corporation for female violence victims since 2003. Ministry of Gender Equality created civil fund from March 2005 managed by a civil organization, and started Korean and cultural education, consultation, and maternity helpers distribution businesses by dividing the country into 6 sections. Ministry of Health and Welfare is currently under research of basics for international matchmaking families now on April 2005.

3. Performance and Limits
(1) Performance The Korean government and local government is supporting fund for onetime project businesses to the civil organization so they can perform businesses for migrant women. The reality is that immigrant labor support organization and women organizations are all carrying out Korean education and simple adaptability education for only those who have easily approach. Recess centers for victimized migrant women of family violence is newly built in 2 places on 2004 with civil fund, and there are more and more cases where female consultation centers and recess centers all around the country are accepting victimized
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

women of family violence. Right now is at a stage where critical mind for prejudices of immigrant women and families began to develop all over the society based on related women organizations and immigrant labor support organizations. (2) Limits The government is not applying any formal measures to integrate immigrant women fighting with poverty with labor market, and the immigrant labor support organizations and women organizations are also not carrying out development or practice to have these women escape from poverty. The Ministry of Gender Equality began Korean education to the families in the form of entrustment to civil organizations, but the effect is doubtful considering the approach to women scattered around the country. Most of immigrant women have lack of understanding for Korean, so they end up being neglected from all information to keep their own health if other families do not teach them. The citizenship law revised on January 2004 has difficulty to directly prove sos’ cue od oc or separation, but it is yet unknown how fair the Ministry of pue as t i r s v e Justice will be in the process of decision making. Also, the 2 years of regulating period is raising criticism or human right invasion. The Ministry of Gender Equality is providing three way interpretation of English and Russian 24 hours and female emergency phone 1366 since 2002, but a satisfactory efficiency is yet unfound due to unstable system and inefficient system operation of interpretation. Moreover, the usage for 1366 is comparably low since a systematic promotion was unmade for victimized women of violence, but it is steadily increasing from Chinese compatriots. While there were 4 researches made related to migrant entertainers in Korean for the last 5 years, there is only 1 research in profess based on social welfare demand in the scale of country of research for foreign spouses of Korean men. There are many cases where intentionally exaggerated information goes back and
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

forth in international matchmakings through matchmaking information companies or brokers, which is something women organizations and immigrant labor support organizations are worried about. Now at April 2005, a bill based on the approval of international matchmaking company is currently laid before the National Assembly.

4. Further Policy Tasks
The government must prepare a systematic device so the women who enter Korea can receive Korean education and technological education at the point they enter the country for a certain period of time. All education organizations helping low-income Korean women must be opened to all women without Korean citizenship. NGO and women organizations must try to develop differentiated programs that can cover diversity of citizenships and cultures by making diverse attempts for these women to adapt to Korean labor market. The government must prepare a systematic device so they can receive basic Korean education and cultural adaptation education free of charge. The government must develop education information and program along with professional teachers so these women can receive differentiated education. Civic groups should make efforts to develop new programs through various attempts, make policy proposals, and monitor and pressure the government to make institutional frameworks for the women who the government can not guarantee the protect. The government should provide all information on health in various languages.Along with local governments, civic groups should make efforts to offer appropriate education and information to those women. The government should protect families forged by interracial marriage. Where violence is committed on women in those families, the government should institutional frameworks to protect the women while not limited by the Emigration and Immigration Control Law. The government should make and distribute guidelines that where domestic violence is committed, police should ask the victim what she wants in the absence of the perpetrator, with a translator present. It should also make sure the guidelines are
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

followed. The government and civic groups should strengthen human rights and counseling education on officials and counselors to eliminate bias against families forged by interracial marriage. Moreover, they should develop and implement various programs to remove such a bias in society. The Korean government should make sure that those women are not denied all welfare laws such as the National Basic Livelihood Security Law and the Mother and Fatherless Child Welfare Law even before they acquire Korean citizenship. The Korean government and local governments should make sure that in the long run, domestic violence victims among migrant women have access to entry into shelters and that financial assistance is provided for various translation services. Also, they should assist financially in stable operation of existing shelters for female foreigners. As for translation service through hotline 1366 for women, the Korean government should expand the language from the current three to Vietnamese, Mongolian and Chinese. The civic groups, consigned by hotline 1366, should train counselors on basic language skills. The government, NGOs and academia should conduct survey to make sure healthy lives of families forged by interracial marriage in Korea. It is in urgent need to conduct research and survey on the situation of violence on women and others for protection of human rights. The procedures and practices of interracial marriage through international matchmaking companies are in the territory of ‘ human trafficking’defined by international organizations. The government should regulate those matchmaking companies and matchmakers. To this end, civic groups should make efforts to come up with proper measures, propose relevant policies to the government, and monitor the government. The victims by matchmaking companies and matchmakers should be recognized as victims of human trafficking through certain screening. Relevant laws should change to make sure that those women recognized as victims of human trafficking can be engaged in rehabilitation and treatment programs in Korea.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

The Korean government should help migrant women keep their identity through expanded permanent residence system. To this end, civic groups should come up with proper measures and work hard to act on the measures.

5. Review of Existing Laws
●N t n ly a ai a t L w o i 1) Article 6 (Requirements of simple naturalization) ② F r ge w o hv K r n sossbl g t I m 1 ad a gat oe nr h ae oe pue e n o t i s a o e n r r e e nd naturalization even though they do not meet requirements in Item 1 Article 5. 1. Those who are married to Korean nationals and have registered address for more than 2 years in a row. 2. Those who have Korean spouses of 3 years, and have registered address for more than a year in Korea after marriage. 3. Those who do not meet Item 1 and 2, but can not lead a normal married life for reasons such as spouse’death or disappearance while having an address in Korea after s marriage, meet the remaining period of Item 1 and 2, and are recognized by the Ministry of Justice <Added in January 20, 2004> 4. Those who do not meet Item 1 and 2, but raise or will to raise teenagers born in a marriage with the spouse, meet the remaining period of Item 1 and 2, and are recognized by the Ministry of Justice <Added in January 20, 2004> 2) Limits of Revised Nationality Law Foreigners have extreme difficulties proving themselves that they are economically abandoned and verbally abused. Attitudes should be flexible enough to accept the claims of victims even it they are not able to prove economic abandonment. It is highly likely that policy enforcers interpretate laws in their own way as Item 3 and 4 Clause 2 vaguely mentions the requirements for simple naturalization. Thus, relevant clauses should be made clearer or relevant enforcement guidelines should specifically mention the requirements for simple naturalization. Namely, the clause for 2 years of grace period is against human rights protection, it should be repealed as soon as possible. ●N t n l ai Lvl odScr yL w (u l A s tne --> Revision ai a B s i i o eui a P bi s s c) o c eh t c ia
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Bill Pending in the National Assembly ○Pol wt nti n t sos o K r n aoa bnfs rb m i og i h pue f oe nt nl ee t e h vg e a i s i ○Whr f i m m e wt ann e a l e br i e my s h o-Korean national number at n, the family receives benefits for n-1 ●Mohr n F tel s hl We ae a te a d ahr s C i e d lrL w f 1) Article 4 (Definition) ② U dr h l , o e bl g t im 1adi df e a t s w or s ne t a m t r e ns o t e w h o e n s e nd s h e h a e i o i children. 1. Women who are separated or divorced with their husbands 2. Women whose husbands lost ability to work due to physical or mental disability 3. Single women (excluding those in a common-law marriage) Article 12 (Benefits) Where claims are made, state and local governments can offer following benefits in accordance to Article 11. Note where the beneficiaries are also protected under other laws such as the National Basic Livelihood Security Law, make sure that benefits are not overlapped. 1. Living expenses 2. Aid for child education 3. Training and living expenses during job training 4. Childcare expenses 5. Other expenses set by executive order 2) Expansion of Beneficiaries of Mother and Fatherless Child Welfare Law Those women who are belong to the categories in Clause 1 Article 4 of the Mother and Child Welfare Law should be granted living expenses, aid for child education and training expenses, and entry into welfare facilities. To this end, unreasonable clauses should be repealed, including those under the Emigration and Immigration Control Law that only husbands can be guarantors for wives and that if wives run away, they remain unregistered as husbands withdraw the guarantee, so that the Emigration and Immigration Control Law and the Mother and Fatherless Child Welfare Law are not conflicting.

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●E p ni o pr x a s n f emanent resident system o 1 )Expansion of Beneficiaries of Permanent Resident System ○T oe h a au s yK r nCv Lw a al t spota i ( nt hs w o r dl b oe i l a , r b o uprf l i o e t a i e e my f , their family members are), have good behavior and basic knowledge necessary to live in Korea such as Korean customs, and live in Korea for more than 5 years ○T oe h a fr g i et si et gm r t nhla ii dlr i hs w o r oe n n s r n sn oe h a m lo o a n e i v o, v i a f ln ls Korea and contribute to creating jobs, living in Korea for more than 3 years as corporate investor (D-8) ○T oe hs who are recognized by the Minister of Justice as having certain credit 2 )Expansion of Permanent Right of Residence as Migrant Women’ s Freedom to Choose The only way for migrant women married to Korean men to lead a stable life in Korea is to acquire Korean citizenship through simple naturalization procedure that they can apply for, 2 years after they come to Korea. It is as if they I in particular women from the Third World) are forced both directly and indirectly to give up their identity and be naturalized as a Korean in order to lead a stable live in Korea. Measures should be taken for spouses of Korean nationals holding a F2-1 visa to grant permanent right of residence within a short period of time rather than the current 5 years after they come to Korea so that they are not discriminated against under relevant laws. ●R g l i Blo It n t n l t ma igC mp ne --> Pending in eua o i n ne ai a Mac kn o a i tn l r o h s the National Assembly as of May 2005 ○A i r s gnm e o K r nm nadm gat o e a v t i dde n n e i u br f oe e n i n w m n r ii z u c an a r e cm e to fierce competition and too many matchmaking companies. ○Ma h ai companies should be regulated, but there are no laws to regulate tmk g c n them. ○ T e a m n boe w oa at ga i i da i l a a a. h hr r ay rkr h r cn s n v ul n o l r s T e e e s e i di s c e problem is that it is hard to distinguish acquaints and brokers in matchmaking. ○ L w cnnt 0% r u te brokers, bur proper regulations are needed to a s a o 10 e l ga minimize victims.

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●O hr tes ○Whr ur ie dw m na n a r s gci r br i acm o-law e ne s r o e l e r a i h de on n o m n e g te o e in l n marriage with Korean men, drastic measures such as pardon and grant of permanent right of residence are needed for those child-rearing women. ○Iia otm os l t se hici r go w e w m nf m t T i ts l si ps b o e t r h de rw hn o e r h h d m ie e l n o e r World get divorced while not having custody of their children and Korean citizenship. Thus, measures are needed for those women. ○Mi a women should be granted freedom to separate from their husbands for a g nt r certain period regardless of the Emigration and Immigration Control Law. Those women from the Third World who are subject to language and emotional abuse from their husband have no choice but to endure in silence for fear of their husband’ s withdrawal of guarantee on them.

6. WeHome- The Migrant Momen’Home s
WeHome in Kyunggi province, Korea had dealt with migrant women for a decade as a shelter for migrant women. Starting from 2003, WeHome has been doing business to protect female migrants who are sexually abused, consigned by the Ministry of Gender Equality. WeHome pays attention to all migrant women in Korea. It consults with abused women, focusing on rescuing them, protects them in a shelter, conducts survey of their cases, inform the public of the results, makes policy proposals, support establishing groups for migrant women and cooperate with domestic and international groups. The following figures show the current situation of migrant women who stayed in a shelter operated by WeHome in 2004: <Figure 3> Number of clients according to reason for entry into a shelter in 2004 Domestic Violence 61 Sexual Abuse 0 Medical Sexual Treatment Trafficking 5 5

Total 99

Others 4

Children 24

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

< Figure 4> Number of clients by country in 2004

Total China Philippines Uzbekistan Mongol Japan Vietnam Peru Others Children 99 24 15 12 2 4 10 2 6 24

1 )How Enter Shelter? ○Marriage In this case, women are recognized as domestic violence victims, so they enter shelters via official channels such as police, hot line 1366 for females, counseling centers for females, direct calls and counseling. Neighbors play an important role in the process. ○Entertainer In many cases, women enter shelters via a phone call or police. In the case of a shelter supported by the Ministry of Gender Equality, it has done work to protect women from Russia and former Soviet countries for years, so by word of mouth, women contact the shelter. Korean male customers or American soldier-boyfriends were found to play an important role in the process. 2 )How Seek What to Do Ci t dc i -making process on what to do is influenced in large part by ln ’ eio es sn Korea the Emigration and Immigration Control Law and Nationality Law. ’ s When women enter shelters, the shelters listen to the problems facing the women, provide legal information and explain what they can do with the shelters (just few information that can be opted within the framework of laws). The direct reasons for clients to enter shelters differ by client, but the common t a it ihm cut ’eoo i cnio, a e , oe yadue p y et r d sh r o e on y cnm c od i nm l pvr n nm l m n e e rs tn y t o . They decide what to do based on legal information from shelters and information from human networks. Female foreigners living in Korea after marriage with Korean men tend to endure
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in silence the violence by their husband since various laws such as ---- leave those women no option but to put up with the violence. Especially, where the women have children in their long married life, the tendency gets greater. When they think they can no longer endure, they opt for working as unregistered workers after finding a job through human network. How clients leave the shelter, when they decide to leave with what plans differ according to their psychological and physical conditions. Unfortunately, in the process, there are only a few that the shelter can do for those women: file back pay complaints to the Ministry of Labor, offer medical service, ask favors to their husband and other family members if the women want to live again with their husband, help legal procedures if they want divorce, and assist financially if they want to go back to their home country.

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Preventing Violence against Immigrant Women 新女性移民的暴力預防

113

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

— ( ….)

--参與者多是各種社會階層都有學生

/

/

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Proactive Approaches to Preventing Violence against Immigrant Women in Taiwan
By Hsiao-Chuan Hsia
Associate Professor, Graduate Institute for Social Transformation Studies, Shih Hsin University Consultant, TransAsia Sisters Association, Taiwan (TASAT) Consultant, Alliance for Human Rights Legislation for Immigrants and Migrants (AHRLIM) Board Member, Awakening Foundation

In order to discuss how to prevent violence against immigrant women in Taiwan, we need to have a thorough understanding of why they migrate to Taiwan and the 27 general situations they face as “ foreign brides” . THE PHENOMENON In recent years, paralleled with the impending threat of the G ATT and WTO to the agricultural economy and the exodus of labor-intensive industry, thousands of Taiwanese peasants and working-class men have been leaving the countryside in search of brides. Led by marriage brokers, they are transported to the modern international airports, where their humble glances are immediately seized by an alien combination of luxurious lounges, complex and wordy immigration forms, and expressionless customs bureaucrats. Experiences like this are rare in their solemn lives. Meanwhile, across the South Pacific, marriage brokers and matchmakers weave in and out of communities on the margins of cities and rural areas in Indonesia, Vietnam, and other Southeast Asian countries, encouraging young women to meet the men they hope to introduce. During the meetings, the men cast their anxious, searching glances, while the women act shyly and the matchmakers confidently try to sew the two together into a couple. Days later, the engagement ceremony is held. The men return to Taiwan to w isvr m n su t aya fr hi “ r g bi s t a i . r saoa a ee l ot p o er o t r f e n r e” o rv Ta nt nl t a h e oi d re n i marriages of this type require a large sum of money, many times half of the savings of a family from rural Taiwan. If a man successfully marries a woman, he must pay the broker a sum between US$10,000-1, 0 ol 1% o w i ge t t bi ’ 5 0, n 0 f h h os o h r e 0 y c e ds family as a dowry. Still, a dowry of this size is a considerable sum to families in Southeast Asian nations where wages are low.

27

T e od fr g bi ”s o m n a ac iTia,n r l tt d c m nt n gi t h d r h w r “ e n r e icm o pr nen a nad e e sh i r i i aa sT i Wol oi d l w f c e s i ao n r d

women. I use the term in quotes to remind readers that the term is ideologically charged.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

This is not a new phenomenon. Starting in the early 1980s, men from rural areas in Taiwan began marrying brides from Thailand and the Philippines. By the end of the 1980s, the Taiwanese government stopped issuing visas to single women from Southeast Asia since several women were caught engaging in prostitution after coming t Tia o t rt i sSnehn t Tiaee e w o ato a y fr g o a n n o i v a. i t ,h a ns m n h w n t m r “ e n w us s c e e w r oi bi s hv t g t S u east Asia. Since early 1990s, Indonesia became the r e” ae o o o ot d h pi a suc o “ r g bi s i Tia. o ec o t ps f ya , oe r r or f f e n r e” n a n F r ah fh ate er m r m y e oi d w e w s than 2,000 women from Indonesia have left their homes, heading to their imagined “rse u pr i ” popr s a d e—Taiwan. In order to reduce the number of Indonesian brides, o as the Taipei Economic and Trade Office in Indonesia slowed down its speed in processing visas for the women, adding anxiety for the women who must submit to an interview for a visa to Taiwan. Many Indonesian brokers became impatient with Tia gvrm n s l pc ad nr s g m t Idns n o e wt H n a n oe et s w ae n i e i l a h noei w m n i og w n ’ o c an y c a h Kong men, while Taiwanese brokers have begun to turn their attention towards women in Vietnam, Cambodia, and other countries. According to the newly released study by the Ministry of Interior, there are 240,837 foreign spouses, including those from Southeast Asia (42.2%) and Mainland China (57.8%), who entered Taiwan between 1987 to August 31 of 2003. Ninety-three percent of these foreign spouses are women. Among the women from Southeast Asia, 57.5% are from Vietnam, 23.2% from Indonesia, 5.3% from Thailand and another 5.3% from the Philippines.

Most Southeast Asian women decided to marry Taiwanese because they hope to escape poverty in their home countries, which has been intensified by globalization. Globalization entails privatization, deregulation and liberalization, which means unemployment, hunger and disease, and a threat to survival for the vast majority of laborers. World Bank and IMF have driven hundreds of millions of people into poverty in the guise of offering loans to developing countries and promising a boos in development by carrying out SAPS (for further analysis, please refer to Hsia 2003). Under the sway of distorted development, farmers and workers in the Philippines, Indonesia, Vietnam and other Southeast Asian countries have been increasingly squeezed economically and forced to find work abroad. For women in Southeast Asia, they could choose to find work outside of their native countries or escape their economic plight through transnational marriages.

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Situations of Immigrant Women in Taiwan Stressed Economic Conditions The men whom the Southeast Asian women married are mostly farming and working class in Taiwan. Taiwan gradually began to take on the characteristics of a semi-peripheral country after it became increasingly incorporated in the world capitalist system in the 1980s. This is when Taiwan began to exploit Southeast Asia and other peripheral countries. At the same time, globalization began to push liberalization, privatization and deregulation, resulting in distorted development in Southeast Asian countries and a great number of agricultural and industrial laborers in distress. The poverty created by globalization was not as serious in Taiwan as in Southeast Asian countries, but agriculture in Taiwan was clearly hollowed out by the twin forces of continued urbanization and industrialization, as well as international pressure on agriculture. Low-skilled workers have also been affected by the increasing threats of liberalization. These low-skilled agricultural and industrial laborers found survival more and more difficult and in an extremely disadvantaged psi iTia’dm sc a i e a e oio n a n o et m ra m r t tn w s i rg k. Under these circumstances, the economic situations of the Southeast Asian women tend to be in stress. According to a recent survey, 31.3% of the interviewed women said their family expenses are higher than family income, 48.9% just make ends meet and only 2.7% have income higher than expense. Almost eighty percent (8 %) fh S u esA i w m n f ie r yo t ihsad i o e n 7. o t ot at s n o e’ a ls e n h r ubn’ n m ad 5 e h a s mi l e s c 7% of the women are the primary earner of their families. 40% of their Taiwanese husbands are working-class and 65% of the interviewed foreign spouses from Southeast Asia make less than 2,0000 NT (about US$588). Since the Taiwanese husbands are mostly working-class, most foreign spouses need jobs to supplement family income. However, they face many obstacles while searching for jobs. First of all, due to language barriers and isolation in the household, they do not have adequate access to related information and resources. Furthermore, some employers mistreat the foreign spouses as the results of prejudice and the women often do not know their legal rights and lack social support.

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Lack of Social Network and Support Since the “ foreign brides”come to Taiwan alone, their social network before marriage cannot serve as effective social support after they are married. Most of the immigrant women from Southeast Asia cannot speak and read Chinese, especially Mandarin, which makes it even more difficult for them to build new social network in Taiwan. As Ya-Ching from Thailand described, I was happy and afraid at the same time when I arrived in Taiwan the first day. I told myself, no matter what happens, it’my destiny. I didn’realize that because s t of language barriers my mother-in-law and I have had many misunderstandings and problems. At the time, I didn’have any friends to talk to and didn’know t t what to do. I was crying alone in my room everyday…… Now I look back, it’not s that they didn’treat me well, but because I didn’understand what they were t t saying, I thought they also talked bad things about me and felt really sad. Although Taiwan has passed law against domestic violence and provided related services, it is practically in vain for immigrant women due to (1) language barriers and lack of access to information; (2) social workers and other service employees are not properly trained for multicultural issues. Prejudice and Discrimination “ Foreign brides” have been commonly constructed by the governmental agencies, the media and general public as “ social problems” and often linked to labels such as “ marriage, real prostitution” fake and “ deteriorating quality of the future generation.” Elsewhere I have analyzed how these images are constructed by the media and governmental agencies without any substantial data (Hsia 1997; 2001). It is sufficient to say that governmental agencies and media have become what Becker called “ moral entrepreneur” and their definitional work of the transnational marriages and those involved become the dominant discourse, in which immigrant women, their husbands and families are constructed as “ inferior other” . The most recent illustration is the “ new Taiwan’ Children”( s )

discourse. As the number of immigrant women’children increases, many media cover s stories of the claimed propensity of immigrant’ children to “ s delayed development” and much governmental projects have aimed to solve the problems. However, none of these claims are supported by reliable data ( 2004). These claims are based on the assumption that the immigrant women are from the poor developing countries and
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therefore lack education and ability to educate their own children, which clearly has racist and classist tones behind. The media and governmental construction have strong impacts on the public perception of the immigrant women. A national survey released in November of 2003 reveals that 60% of the interviewed think that the government should restrict the number of immigrant women and 20% think we do not need to give “ foreign brides” and “ Mainland brides” equal treatment. This unfriendly environment has penetrated into the relationships among those involved in the transnational marriages. For instance, at the earlier stage of the marriage, the families and groom often worry that the bride will run away or steal m ny Tia’ i m gao rl used to s t t t fr g bi s m s l v oe. a n m i t n u s w s ri e te h “ e n r e” ut e e a a oi d a Taiwan after their first six months of residence in Taiwan. The women often used the opportunity to returned to their home countries, often becoming a crucial moment for the success or failure of the transnational marriage. Before returning home to Indonesia, Shei-Fn m t r a r i e hr Y u hu hr bc,t r i people will e’ o e s h -in-l e n d e “ o sol ur ako e s w m d , d y hw e bg t tk bu yu S e n w n hm fr w e, u ni brbgn o s, ei o a aot o. h ol et o e o a ek bt e hos ea t ak n l ” y g “ a yu duh r a cm bc? T em t r a w sagy “ w sl e H s or agt -in-l o e ak” h o e e w h -in-l w a nr I a i . t k t y e w t i sm k d f l ,ut ai t l g au! T e o e h w r a h g o e i o p yj w in o a h t s h m t r e e cn n a s tg u ” h -in-law was also worried that the new bride would run away as many people had said, and s hd “ ’hr t hv a oe n r e s duh r a . o dnt nwise i e,Is a o ae fr g bi a a agt -in-l Y u o’ko fh’ g t d i d e w s s cro nt aiseus w y” nt ehth “ r g bi ” atto leave i e r o Whtfh rn a a? A y m t t f e n r e w n n e . i a e oi d s hm o r im nyt hr a i ara,t t nt n t s r t eo “ r g o e r e t oe o e f l bod iseg es h t e y f f e n m my r h e eo p oi bi s ppl i db t m d . h-H i ’fshsadd d adse a a h d r e” ou r e y h ei S u s n it ubn i ,n h hd ci d az e a es r e l in Vietnam. After she married her Taiwanese husband, she started to send money back to Vietnam to raise the child, which began a long-standing argument with her husband. Shu-Hsien later decided to return to Vietnam, and did not contact her husband in Tia. e hsad n h f i ad r ns oc dd h pol ,Y u e,t a nH r ubn ad i a l n fed cnl e t s rb m “ o seis w s my i u i e ’ j ti w at y a i t ppr S euta eo a a fr oe.(Hsia 2003; u l e hth sy n h ae ! h j cm t Ti n o m ny s k e e s s w ” 2002) E e it “ r g bi s “e om w l ad ca t pr o o nwbi s vn fh f e n r e” pr r e” n atsh a gn f e r e, e oi d f l e a d it is still hard to shake the preconceptions held by their husband and families. For them, t “odfr g bi s a ecp osA hpi m re m nsi “ wf i h go oe n r e” r xet n. ap y a i a a , My i s e i d e i l rd d e great, and she gets along with my family well. But other people might not have the sm l k wt fr g bi s I e er s r s buw m n h rn w y T e a eu [ i oe n r e] ’ ha t i aot o e w o u a a. h c h i d .v d oe ”
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fr o r l xe ecs i “ r g bi s int nuht oe o e t i ae oc fe epr ne wt f e n r e” s o eog o vr w rh m g e a i h oi d p e o “ r g bi s c a d yh m d . ff e n r e” r t b t ei oi d ee e a There is often friction in transnational marriages that leads to conflict, that in turn strengthens discrimination agi tt r w r cute s m i f m Tia’ a s h d ol on i t m n r n i d rs e g o a n w s economic prowess. For instance, when questioned about high fees, a matchmaker r ot b sy gt t“ hr a al o poeue adyuhv t g e‘ d e r d y ai h , T e r o f rcdr n o ae o i r te n a e e t s v e evl s t [r e of is f o w n t hurry things up. You know how it is in ne p’o bi ] fc l iyu ato o b ia udree pd on i . vroe atm nyH ! F r e “ r g bi s ot ne vl e cute E e n w n oe. a ut r f e n r e” f n d o rs y s ” h,oi d e send money home, which can be a burden to the agricultural and working class families of their husbands, which are not wealthy to begin with. This is often a source o cnlt hv m t ay ubns f fr g bi s w o o ov wt iwvs fofc I ae em n hsad o “ e n r e” h d nti h r i ’ i. oi d e e e desire to send money home as a result of Third World poverty. Instead, they blame the women and interpret it as the essential characte sc o t “ r g bi s, rts f h f e n r e” ii e oi d sy g“ o set yuto eo a a fr oe. ai ,Y u e, e j cm tTi n o m ny n h s w ” I have accompanied Taiwanese men and their families numerous times to Indonesia and Vietnam to meet prospective brides or visit the families of their wives. Often times the men and families reveal their explanation of the poverty of Southeast Asian countries through casual comments. During one such trip in Jakarta, the family and myself visited a park with a large lawn. The mother of the Taiwanese man cried ot“ aa waste of land! If this were in Taiwan, someone would have planted crops u Wht , o t tadl gao T eo e cm ai s rm Tia a ar d adsm oe n h l o g. h t r o pn n f a n n ” h o o a n l ge , n o en w l e e e de, WhnI rvda m wf s o e t l i ro w s m t wt u l add “ e a i s r e t y i ’hm ,h i n om a e p , i ot e evg y h even a chair. If it w r Tia,vn fh f i d nt ae oe frun uet y e a nee it a l i ’hv m ny o fri r h e w e my d t ,e w u hv p e sm s ns pt m k a hi” nt r de, T e ep hr ol ae id o e t e u o ae ca.A o e add “ h pol e d l o r h e e a po bcuet yr l y T el dhr i s f te hw cnt ynt ae r or eas h ’ a . h a e s o e i, o a h o m k e e e z n e rl e m ny”T em nt d f ecspr i d b pol f m “oecute”a oe? h i e ie ne e e e y ep r u fr cv e o cr on i rs r e interpreted as problems resulted from the essence of people from the periphery. Even t nsa m nt a “ k gaso e ot bcm i ust t edt cnlt hg s i e s ti i u an hw r f n eo e s e h l o ofc . ” e s a a is Many husbands and families of th “ r g bi s cm lnt th w m nt e e f e n r e” o p i h t o e a oi d a a e k so e t e t e ady adr i az ia, T e j t o’ko hw t sv hw r h e i s a, n ao le t s“ hy u dnt nw o o ae s r m tn i s m nyN w net y rs udvl e. oe. o odrh a o nee pd e e o ” This essentialism is thus used to explain the underdevelopment of the periphery, ignoring the historical and dynamic relationship between the periphery and capitalism, and viewed it instead as inevitable. Guided by this framework, the unequal division of
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labor between core/semi-periphery and periphery constructs the personal and gender relations among those involved in the transnational marriages, that is, the personalization and engendering of international division of labor (ibid). Immigrant women therefore have constantly encountered prejudice and discrimination in their daily lives and the pressures have become enormous for them. Koya from Cambodia once shared her feelings with tear, “ foreign mothers can only We get 50 points (out of 100 perfect points) no matter how hard we try…. We are also pregnant for 10 months and since the very first day our children saw the sunlight (when they were born) I have been worried about them. How can I not take good care of them and teach them?! But no matter how hard we try, whenever the grandparents hear babies cry, they say we don’care enough for them! People think we don’know t t how to teach our children. Should anything happens to the children, they blame it on us!” S m shl s ot dt th i l o a a e u br f fr g bi s hs o e co r cn n h t n u f l g nm e o “ e n r e” a a e a e fx r oi d contributed to a more plural society in Taiwan t n gt iadi oa“l a ,u i h s n n rn e l t g bl o v l e T ee t nnt nl m rae d nt hw vr l d t “ cl ia . hs r saoa lg ” a i ai s o o rg , o ee e , a o la o i e aoazt n a t nnt nl a i e c s lz a ueul n raoa n r t nlao, s r saoa m ra s r tle n nqa i e t nl tn i i i ” a i rg y ai tn i division of labor into personal relationships. We can therefore boldly assert that transnational marriages are the deepest state of capital internationalization. These commodified transnational marriages link together the men and women most seriously affected by unequal development. The marriages are the flip side of capital internationalization. These transnational marriages also add an understanding and acp ne fh i e aoad io o l o i o ep ’s c o ko l g,n cet c o t n r t nl i s n fa rn pols t k f nwe ead a e tn i vi b t e o d among interpersonal relationships. “ oa i e aoazt n L cln r t nlao”as romanticized by some scholars will only come tn i i i about as a result of the purposeful mass consciousness-raising performed by a social movement. Furthermore, this social movement cannot be achieved merely by e pain t i pr neo “ u i l r i . I nes to be enlightened by m hs i h m ot c f m lc t as ” t ed zg e a tu u lm political economic analyses to pinpoint the formation process of unequal status and treatment among different cultures.

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Constraints imposed by Laws and Regulations All countries today allow the incorporation of migrants into their citizenry through naturalization, although the criteria they use vary. Three principles and their combinations describe extant practices: descent (jus sanguinis), place of birth (jus soli) and place of residence (jus domicile) (Faist 2000). Taiwan’policy of incorporation has s been known as based on the principle of jus sanguinis, which is inclusive of people who can claim a common ancestral origin, real or imagined, and somewhat exclusive of people who do not share that commonality. The coupling of national identity and political unit established nearly a century ago by Sun Yat-Sen, the founder of the Republic of China, reflects a traditional Chinese emphasis on lineage and ancestry in the context of Manchurian minority rule and foreign imperialism However, Taiwan’ s rapid economic growth and slow but impressive democratization have raised skepticism concerning the nationalist ideology and have led to a variety of alternative conceptualization vying for dominance in a new nation-state building project currently in progress ( 2002). Despite some changes, descent and ancestry principle continues to operate. Recent changes in Nationality Law notwithstanding, it remains extremely difficult for those excluded from nationality to become citizens of Taiwan, except for the spouses and children of the Taiwanese citizens ( 2002; 2004). Prior to the changes in Nationality Law in 1990s, for a long time, foreigner cannot be naturalized as Taiwanese citizens unless they are women married to Taiwanese men. Foreign women are seen as “ naturalizable” because of their ability to continue Taiwanese “ blood.” As the number of immigrant women from Southeast Asian and Mainland China increases, the worry about their “ qualities”and thus low “ deterioration of the quality of future generation,” government has added “ the proof of economic abilities”as new requirements for those women to be naturalized. This classist view of the immigrant women become clear when one notices that among all the projects aiming at “ improving”the qualities of immigrant women and their children, none has targeted on immigrant women from first-world countries, such as the U.S. and Japan. Moreover, the welfare system in Taiwan is based on household units and identification cards (proof of citizenship) are the necessary criteria. Consequently, immigrant women who have not obtained Taiwanese citizenship are often illegible for social services and welfare benefits ( 2004; 2004). Battered immigrant women without Taiwanese citizenship would be deported if they get divorced and can hardly return to Taiwan to visit their children, whose custody almost
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always are ordered to fathers by courts. Consequently, many battered immigrant women decide to endure domestic violence for the sake of children. The husband’ s power over immigrant women is thus sanctioned by the state. In other words, Taiwan government does not grant foreign women citizenship in their own rights, but mediate their rights through their status of wife. Once their status as wife of a Taiwanese man is lifted, they are no longer eligible for applying for citizenship.

Proactive Approaches to Preventing Violence

Empowerment and Building Social Networks As mentioned earlier, for the immigrant women from Southeast Asia, language barriers are their first and foremost obstacles to actively participate in Taiwanese societies. As a tool to increase the subjects' ability to engage in dialog with others and to increase democratic participation in the Taiwanese societies, a Chinese Program for the "foreign brides" was initiated on July 30, 1995. Isi db Pu Fe e (1970) np e y al r r s r o i’ “eaoy fh O pesd ad uut B as Pdgg o t pr e” n A gs ol (1979)“ ha r fh O pesd, e s o ’ T et o t pr e”I e e s have worked collectively with the communities to empower these immigrant women. Through trials and errors in the past 10 years, we have helped the immigrant women turn themselves from being isolated in the household and silent in the public to vocal in the public and actively organizing themselves (for more details please refer to Hsia 2002, 2004). Last year, these immigrant women in collaboration with local women have officially founded a national organization, TransAsia Sisters Association, Taiwan( , TASAT). The process of empowering immigrant women from the stepping-stone of offering Chinese courses is not always nice and smooth. On the contrarily, we have constantly encountered the emotions and even resentment among the immigrant women themselves. It is unfortunately true that as Freire (1970) pointed out the duality of the oppressed, meaning that the oppressed often internalized the oppressor consciousness. We often find, for example, that immigrant women who married Taiwanese are prejudiced against migrant women who work in Taiwan on contracts, women of one nationality resent women from another nationality; or women from one ethnic group resent women from another ethnic group of the same nationality. Similarly, the Taiwanese women volunteering in helping and organizing immigrant
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women also face difficulties, such as emotions and resentment among themselves and their own prejudice and discrimination against immigrant women. For every encounter of these difficulties, TASAT and her affiliated volunteers have taken the pain collectively to transcend their own limitations, which I have analyzed elsewhere ( 2004). Let’suffice summarize here that the empowerment of immigrant women s from the starting point of learning Chinese has gradually enhanced immigrant w m n o e’ s ability of civic participation, via being able to communicate with the local Taiwanese and create network among themselves. The involvement of local Taiwanese volunteers also help create more friendly environment for the immigrant women, in which immigrant women are encouraged to share and to speak up. The network established not only help immigrant women to break away from isolation, which makes them more vulnerable to domestic violence, but also provide those who are threatened or hurt by violence someone to run to. At TASAT, we also inform immigrant women all sorts of existent resources so they can help themselves and others. TASAT also pushed the government to establish multi-lingual hotline services for non-Chinese speaking immigrants. In addition to empowering immigrant women and Taiwanese volunteers, TASAT has also made efforts of changing the public perceptions of immigrant women. Via sharing, seminars, writings, films etc., TASAT and her members constantly aim at creating the betweenness of the Taiwanese and the immigrants, by pointing out the similarities between our own biographies and those of the immigrant women. Stories used to create empathy include the facts that most Taiwanese citizens are descendents of immigrants at different time of history and that many Taiwanese citizens have experienced emigrating to first-world countries. Immigrant w m n voices often have strong impacts on subverting public images o e’ s of immigrant women as submissive, problematic and incompetent. Via theater, paintings, writings and sharing at various forums and activities, immigrant women have changed man Taiwanese’stereotypes (Hsia 2004). Recently, TASAT has further s changed the public perceptions by offering Taiwanese pubic language and cultural courses on Southeast Asia taught by the immigrant women themselves. The change of public perceptions would then gradually help create a friendlier environment for the immigrant women, which would contribute to the prevention of violence against them.

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The Struggles for Citizenship Rights As mentioned previously, legal constraints make immigrant women more vulnerable. As Piper and Roces (2003) points out, NGO advocacy work plays crucial role in chne i r e i cute’eu t n on immigration. It is also the case in agsn e i n on i r li s cv g r s g ao Taiwan. Several NGOs in Taiwan had worked on immigrant and migrant issues individually for a few years. The government’ proposal of the establishment of the s Bureau of Immigration triggered these NGOs to come together and formed the Alliance for Human Rights Legislation for Immigrants and Migrants (AHRLIM) in December, 2003. This proposal by the government was perceived as xenophobic by the NGOs because its main functions were to police, investigate and deport migrants and immigrants of whom the Bureau officials suspect illegal or dangerous. This proposed Bureau does not provide any channels for migrants and immigrants to protect their rights. In order to promote both the Human Rights of immigrants and migrants, as well as the development of a healthy, pluralist society, a group of non-governmental organizations concerned with Human Rights, immigration policy, foreign labor, and democracy have joined with lawyers and scholars bearing a long term interest on these issues to form The Alliance for Human Rights Legislation for Immigrants and Migrants. The AHRLIM initiated a signature campaign to halt the deliberation on the amendments proposed by the Executive Yuan rapidly gained much support and after some intense rounds of lobbying at the Legislature Yuan, the said proposal was not passed. The position of the Alliance stated in the signature campaign is as follows. Every individual enjoys basic human rights, regardless of race, color, gender, language, religion, political or other creed, nationality, social status, wealth, place of birth or any other social distinction. We support plural social development and the promotion of social dialogue designed to eradicate discrimination. Based on this position, the three demands of the AHRLIM’first action were, s According to the “ Universal Declaration of Human Rights,” is clearly stated that it national policies must not infringe upon the basic rights of the individual for reasons of race, nationality, gender, and so forth. Although Taiwan has signed this Declaration, the Executive Yuan’ plans for a Bureau of Immigration combine s police, investigative, and judicial functions in a single body and make immigrants
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

and migrants into a population of suspected criminals. The proposed Bureau would focus on preventive control, covering up human rights’ violations in the name of security. We ask for an immediate halt to deliberation on the amendments proposed by the Executive Yuan and propose that public discussion of immigration policy be allowed to return to its basis in Human Rights. Given that immigration policy in itself requires comprehensive planning, and given the need to prevent abuse of authority, we suggest related laws be reviewed. The draft governing the organization of the Bureau of Immigration proposed by the Executive Yuan is part of organizational law that should be amended at the same time amendments are made to the related functional codes—The Immigration and Entry and Exit Law—in order to establish the terms of concrete norms for a comprehensive immigration policy, including issues such as the specific tasks to be assumed by the Bureau of Immigration, channels for supervision of the Bureau and handling of complaints, and jurisdictional divisions with other departments. The draft proposal presented by the Executive Yuan for the organization of a Bureau of Immigration and related immigration codes are measures that directly affect the future of Taiwanese immigration policy, including the organization and authority accorded to the actual administrative organs concerned. As such, it forms a crucial link in the national immigration policy, affecting the rights of immigrants and migrants. National immigration policy further contains implicit ideas about social organization that will directly affect the way Taiwanese people imagine “ citizenship” and identity. Hence, we ask that public debate on such an important matter be expanded such that immigrants, migrants, their families and society-at-large may have a greater chance to participate in and understand the stakes of making such policy. Since the government’ proposal was temporarily halted, the AHRLIM has been s working on efforts to examine t gvrm n s proposed amendments to Immigration h oe et e n ’ and Entry and Exit Law and draft the Alliance’own proposal in order to establish the s terms of concrete norms for a comprehensive immigration policy. In order to create pubic debate on such an important matter be expanded such that immigrants, migrants, their families and society-at-large may have a greater chance to participate in and understand the stakes of making such policy, the Alliance have had several rounds of public hearings inviting NGOs, concerned citizens and non-citizens, to discuss the current immigration policy and related issues and the principals of the Alliance’draft s on the amendments to Immigration Law. At present, AHRLIM has already submitted the draft to Legislature Yuan with more than enough endorsements for legislators from
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various political parties. The AHRLIM’proposed amendment to Immigration Law s emphasizes the protections of immigrants’ social, political and economic rights, which would eliminate the legal constraints imposed on immigrant women as mentioned previously. In addition to drafting the amendments to Immigration Law, the AHRLIM has taken on several issues, such as condemning the official of Ministry of Education, who said that immigrant women should not have too many children because of their ill quality, to raise the public consciousness of the human rights issues of immigrants and migrants. The Alliance purposefully used International Conventions, such as the Universal Declaration of Human Rights, to push for a more inclusionary immigration policy. Since R.O.C. is not recognized by most international political communities, it has been the primary national anxiety to prove to the world that Taiwan has achieved the international standards on all grounds. The AHRLIM’strategy is thus to radicalize all s seemingly progressive political rhetoric, such as human rights and multiculturalism, to challenge the san juanis tradition of incorporation as well as the sexism and racism embedded in much of Taiwan’immigration laws and regulations. s

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References Alund, A. 1991, “ power of definitions: immigrant owmen and problem The ideologies”in A. Alund and C. U. Schierup (eds.) Paradoxes of Multiculturalism: , Essays on Swedish Society. Alund, A. and Schierup, C. U., 1993, “ thorny road to Europe: Swedish immigrant The policy in transition”in J. Wrench and J. Solomos (eds.) Racism and Migration in , Western Europe. Oxford: Berg, 99-128. Castles, S. and A. Davidson. 2000, Citizenship and Migration: Globalization and the politics of Belonging. Basingstoke: Macmillan. Faist, Thomas, 2000, The Volume and Dynamics of International Migration and Transnational Social Spaces, Oxford: Oxford University Press. Faulks, Keith, 2003, Citizenship Freire, Paulo, 1970, Pedagogy of the Oppressed. New York: Continuum. Ghai, Y., 1999, “ Rights, Social Justice, and Globalization in East Asia.” 241-63 in Pp. The East Asian Challenge for Human Rights, edited by J. Bauer and D. Bell. Cambridge: Cambridge University Press. Harris, N, 1995, The New Untouchables. London: Penguin, 1995. Hsia, Hsiao-C un20,It nt nlao o C p aad r en s n ha,03“ e aoazt n f ailn Ta iA i nr i i i t d a Women—the Case o ‘oe n r e’ Tia,i D l A u aad ne fF r g Bi si a n n ea gir n A n i d n w ” i l Lacsamana (eds.), Women and Globalization, Humanity Press. ------- 19, e i ad t r gn h “oe n r e P eo eo—A Study of 97Sln n Oh i i t F r g Bi ” hnm nn fg en e i d Class, Gender and Ethnicity in the Transnatinonal Marriages between Taiwanese Men and Indonesian Women. Dissertation. Department of Sociology, University of Florida. Kofman, Eleonore, Annie Phizacklea, Parvati Raghuram, Rosemary Sales, 2000, Gender and International Migration in Europe: Employment, Welfare and Politics, London and New York: Routledge. Lister, R. 1997, Citizenship. Gender Perspectives, London: Macmillan. Parenas, R. S., 2001, Servants of Globalization: Women, Migration and Domestic Work. Stanford, Calif.: Stanford University Press. Piper, Nicola and Mina Roces, eds., 2003, Wife or Worker? Asian Women and Migration, New York: Rowman and Littlefield. Sassen, Saskia, 1996, Losing Conrol? New York: Columbia University Press. Silverman, Maxim, 1992. Deconstructing the Nation: Immigration, Racism and Citizenship in Modern France. London and New York: Routledge. Soysal, Y., 1994, Limits of Citizenship—Migrants and Post-national Membership in
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Europe. London: University of Chicago Press. Tarrow, Sidney, 2003, Power in Movement: Social Movements and Contentious Politics, Second Edition, Cambridge: Cambridge University Press. Tseng, Yen-feng, 2004, “ Politics of Importing Foreigners: Foreign Labor Policy in Taiwan”in Han Entzinger, Marco Martiniello and Catherine Wihtol de Wenden , (eds.), Migration Between States and Markets, Sydney: Ashgate Publishing Limited. (forthcoming) 2002, 15-43 2000 ─ 39 45-92 -------- 2001 43 153-196 -------- 2002 -------- 2003 49 -------- 2004 2004, 6/18-19 2004 2004/06/18-19 2004 2004 2004/06/18-19 2004 ─ 1-47

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新移民婦女的家庭暴力現象:個人的經驗、制度的反思
The Phenomenon of Domestic Violence among New Immigrant Women: Personal Experience but Institutional reflection

Shu-Man Pan Institute of Social Work, the National Taiwan Norman University

中文摘要

100 1.5 8 100 1

28

28

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一、前言

29

二、台灣家庭暴力防治工作的發展經驗

domestic violence abuse marital violence 1970 1975

1960 spouse

Schornstein, 1997 Egeland,1999 30 Del Martin National Organization for Women, NOW

1995

1985 Johnson, 1995

20 1989

1987

29

81

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

1990 1993 1998 6 2001 2003 1996 1997 1999

三、婚姻移民家庭暴力之概況與困境 2005 343,341 124,500
31

3 218,841 64

36 2003 1,013 43,092 2003 36,772 921 1,835 1.5 2004 100 1 the American Medical Association Narayan 1995 2004 1,686 2.5 8 34,838 46,613

2004

7.6 100

31

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32

Narayan

1995 1994 2004

2004a
33

2004b

四、結語 citizenship

32

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(一)移民國家的移民政策

(二)政治權與社會權分離的移民者政策 Marshall

Marshall

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(三)符合多元族群需求之婚姻暴力防治模式

/

113

(四)公私部門合作過程民間團體的主體性

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參考書目 1995.3 2001 2004a 1 85-132 2004b 8 2 :189 231 94 134-146 8 TSSCI vs. 9. 24-25 2004 Egeland, B. 1993 . A history of abuse is a major risk factor for abusing the next generation. In Gelles, R.J., & Loseke, D.R. Eds. , Current Controversies on Family Vioelence. Chapter12 Newbury Park, CA: Sage Publications.
N r a,. 95. ‘ " l a yn ( 9) a U1 Ma -order" brides: Immigrant women, domestic violence and e im i ao l ’ m g t na , r i w Hypatia, 10 1 :104-119.

Schernstein, S.L.

1997 . Domestic Violence and Health Care. Chapter 3, pp. 46-69

New York: Sage.

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“ u” a s“ hi Lvs O r L w ,T e ” i r e —How Taiwan Law Discriminates Against the Newly-Arrived Female Immigrants
Bruce Liao* Tia’ l a ss m r l t t ssc t sl k o sm a y t a t a n e l yt e e s h oiy a f y pt o r h w s g e fc i e’ c h w d e so-cld“lnsoss—the newly-arrived female immigrants (NAFI) who are the ae ae pue” l i spouses of Taiwanese men. This essay presents some, but by no means all, of the discriminatory and hostile measures embodied in Taiwan law.

Pre-Entry Barriers First, there are pre-entry barriers in the law. D si t j iar on i o t “ost i ar h t l i t e e wt ep eh u c le gio fh cntu o li to i n o t r i t e d i c tn e itn g vg gh h f i m m e ” t r a hr adr iata s h hcnt the barriers of a l e br ,h e r a h n e s n l w i os my s e e s st w c itute f i r n n fr i e aoa m rae,sc a t “c ei ” i e i a l e i o n r t nl a i s uh s h sr n g n r e my uo tn i rg e e n tv w mechanisms for either visa-issuing or entry purposes. In addition, the statutory provisions authorizing government officials to reject entry applications are largely vague and open-ended. Accordingly, those officials have virtually unchecked discretion i m k g eios f cn a r tu br f A I r h t f i r n n n ai dc i a et g ge nm eo N Fs i to a l e i . n sn f i a ’g my uo Also, the relevant statutes permit government agencies to promulgate annual “n y ut ”U l e h US I m gao adN t nlyA tt Tia l s o et qo s. n k t ..m i t n n aoat c h a n a d r a i e ri i i ,e w w ntxm t a aee izn’ln pue f m t nm r al it n. h m r o ee p Ti ns ci sae sossr h u e cli ti sT e oe w te i o e i m ao notorious is that the statutes explicitly provide that the entry quotas could be allocated along the national or regional lines. This squarely reflects the racial-color-national origin bias implicitly embedded in the minds of many Taiwanese.

Deportable All the Time I t m o Tia’i m gao l a shm ,ts a t syt t A I a n e s f a n m i t n e lce e iif ro a h N Fs r r w s ri g i a e “eot l a t t e e en n y n nt azt n dpr b ” l h i bt e et ad a r i i . ae l em w r u lao F r n t n,h l a cue fr eoti dc i , uha “ r t i o oe h g t e l ass o dpr t n eio sc s t e e n i e g ao sn h an g nt nl scry o “i ao o pb c i e s a l e i vr vge aoa eui ” r v li i t o t n f ul n r t r i ws e i te ” e k e y au, over-breadth, and open-ended. Some of them make certain trivial offense deportable. For instance, merely gambling in a casino could be expelled for breach of peace. For
*

Assistant Professor of Law, National Chengchi University. 87

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

another, immigration law enforcement officials could make and enforce deportation-related decisions—deportation and temporary detention—unilaterally. Neither court order nor administrative hearing is needed prior to making such s n i n dc i s D si t C ntu oa C ut rl g t tay dc i i ic t eio . ep e h ost i l ors u n h n eio g fa sn t e itn ’ i a sn (whether criminal, administrative, or civil one) constraining people’pr nlr dm s e oaf eo s e must have a judicial order in the first place, the immigration statutes provide no impartial ante-checking mechanism at all. Therefore, NAFIs, like other aliens in Taiwan, are under ongoing pressure and anxieties of being expelled all the time. F r e oe t cue fr eoti d ntae A I pr nl od i s ut r r h ass o dpr t n o o t N Fs e oa cnio hm , e ao k ’ s tn into account. As a result, they could be held deportable even they are totally NOT b m w r y F r xm l d oc, i ot ea t t f thtt det t l e ot . o ea p , i r wt u r r o h a t is u o h a h e v e h gd e c a ’ e Taiaeesos’ f l sc a hv ga a a o btr gwf i oeo t w ns pue a t uh s ai n f i r ae n i ,s n f h s u n fr ti e e primary reasons for immigration officials to deport NAFIs. That is tantamount to giving Taiwanese spouse a privileged position, a leverage to abuse his alien wife.

Other Harsh Measures There are other legal measures which are both hostile and unfair towards NAFIs. For instance, NAFIs from mainland China, unlike alien spouses from elsewhere, are not allowed to work unless they can satisfy some very limited, narrowly drawn, circumstances provided by law. Another example is the requirements of naturalization. Due to the absence of well-crafted permanent resident scheme, NAFIs must officially get the Taiwan citizenship in order to live in this land with dignity. Nevertheless, the N t nly cs aoat A t i i ’ “ nnil a odb ”r u e etcntu sa usrasb o a l s vr f ac l f ral e i m n ost e n nups l r t e t e i ay f e qr it ae a y troublesome burden for those low-income families. Ironically enough, the citizenship status is oftentimes most crucial for those NAFIs in the low-income families because the national ID card (which only citizens are entitled to have one) can absolve them from certain employment discriminations. The financially affordable requirement in practice makes contribution to a vicious circle to the most needed. There is one more noteworthy statute: the 10-year ban on being civil service employees for those immigrants whose national origin is mainland China, despite her citizenship. That is akin to denying them a significant part of employment opportunities in Taiwan. It no doubt creates a second-class citizenship system which should be condemned in light of international human rights conventions and the Taiwan Constitution.

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The Absence of Antidiscrimination Laws To many Taiwanese, the infusion of immigrants is a relatively novel experience. In the meantime, the notion of multiculturalism is also foreign to most Taiwanese, nti s ni t siad fr a dm c t ss m adt Lbr i -oriented o t t d g h s n’ om l e or i yt n h i as w ha n i l s ac e e e lm Constitution. Against this backdrop, xenophobia, Nativism, and national origin discrimination have permeated through Taiwan society. NAFIs encounter a variety of discriminations on a daily basis, such as racial insult, negative stereotyping, discrimination in employment and transactions, etc. In order to guarantee NAFIs’ i li t cr i sro l a r ei m sb c ir h , e a ot fe le d s ut e v g s tn g m e available for them. Nonetheless, there is no general antidiscrimination law in Taiwan, not to mention any statute specifically enacted to protect immigrants from racial discrimination. Without the minimum guarantee of civil rights, merely providing “ e a ”o “ee t w u sg az t m fr e ne r hr hne pw r g w l r r bnfs ol t m te h ut r c,a e t fe i” d i i e ha t a m o en i themselves. Thus far, it appears unforeseeable for any government effort in dealing with the social discrimination problem.

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「我們的」法律, 「她們的」命運 —台灣法律如何歧視外籍與大陸配偶
*

前言
34

35

一、大門深鎖,充滿疑懼與排拒氣氛的國界 —入境團聚的歧視措施

1989

242

36

* 34

35

36

90

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

(一)

空泛許可條件與羞辱性的面談機制

37 38 39 41 40

— —

42

0930091695 2004/12/2 available at http://210.69.7.199/eyweb/hope03.asp?hopeeventid=3852 0940083927 2005/4/26 available at http://210.69.7.199/eyweb/hope03.asp?hopeeventid=4782 37 12 1 6 38 12 1 10 39 12 1 12 40 19 1 7 41 19 1 9
42

96 12 95 不適用行政程序法之規定 91 2 3

1 2 拒發簽證時,得不附理由

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

— —

(二)差別待遇的配額

43

family reunion
44

43 44

8 U.S.C. §1151(b)(2). 92

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

1965 1981 1992

二、少了一張身分證,就朝不保夕? —隨時可被攆走的「外籍」與「大陸」配偶

(一)寬泛且不公的驅逐事由 … —

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45

DJ

(二)我說了算—欠缺最起碼的正當程序

46

45

46

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47

Due Process
48

Immigration Judge deportability
51

49 50

inadmissibility War on Terror

52

(三)活該,妳家的事—驅逐決定鮮少考慮被驅逐者處境

53

47

48 49

E.g. Yamataya v. Fisher, 189 U.S. 86 (1903); Wong Yang Sung v. McGrath, 339 U.S. 33 (1950). Office of the Chief Immigration Judge available at http://www.usdoj.gov/eoir/ocijinfo.htm (last visited, May 1, 2005). 50 8 U.S.C. §1229a. 51 2004 11 18 Morales-Izquierdo v. Ashcroft, 2004 WL 2609957 (9th Cir. 2004), also available at http://caselaw.lp.findlaw.com/data2/circs/9th/0370674p.pdf (last visited, May 1, 2005). 52 Immigration and Nationality Act §§501-507.
53

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54

55

extreme hardship
56

三、歸化前的其他不公 (一)大陸配偶工作權

(二)違法排除補助

57

54 55 56 57

8 U.S.C. §§1154 (a) & 1186. Id. §§1154 (a)(1)(A)(iii)(bb) & 1186a(c)(4). Id. §§1186a (c)(4).

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national origin discrimination

(三)歸化障礙

7 —
58 59

1

1

60

61

四、次等國民—貶值的身分證

58

32 32

59

60

61

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

21 ( )
62

558 —
63

五、欠缺制裁社會歧視、促進多元的反歧視法

(一)社會歧視欠缺反歧視法的制衡

the Equal Protection Clause
62 63

Alienage

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei
64

national origin
65

Civil Rights
66

Laws

(二)歧視語言欠缺制裁

67

68

69

70

64

E.g. Graham v. Richardson, 403 U.S. 365 (1971) . E.g. Sugarman v. Dougall, 413 U.S. 634 (1973). national origin 8 U.S.C.§1324b 2 2005.4.1 2005.4.4 A2 5 2005.4.1

65 66

67 68 69 70

A2 2005.4.4 available at http://www.coolloud.org.tw/news/database/Interface/Detailstander.asp?ID=105167 (last visited, Apr. 23, 2005). 99

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71

72

73

71

2003 0.08% 0.7% 2

72 73

TVBS available at http://www.tvbs.com.tw/news/news_list.asp?no=alisa20050318175732 (last visited, Apr. 23, 2005) 100

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74

Richard Delgado insults
75

racial

thtoe sl o a n’ e e s f to have no self at all
76 77

78

Convention on the Elimination of All Forms of Racial Discrimination

74 75

2004.3.14 See Richard Delgado, Words That Wound: A Tort Action for Racial Insults, Epithets, and Name Calling, in WORDS THAT WOUND: CRITICAL RACE THEORY, ASSULTIVE SPEECH, AND THE FIRST AMENDMENT 89-110 (1993). 76 See id. at 91. 77 See id. at 92. 78 — 279 301-304 2004 101

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79

六、結語

expressive function
80 81

第一,國家的移民管制權力,開始受到基本人權的限制。

-

79

80

See e.g. KENNETH L. KARST, LA SPROMISE, LA SEXPRESSION: VISIONS OF POWER IN THE W’ W’ POLITICS OF RACE, GENDER, AND RELIGION (1993). 81 188 2003.11

2002 102

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-

— civil rights

-

第二,移民移住人口,是國家的經濟文化「資產」而非「負債」 。
Xenophobia Nativism

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mosaic

melting pot salad bowl

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

台灣移工政策現況與批判 Analysis of Migrant Workers’ Policy in Taiwan

guest-worker

政策背景 80 1989

1992

移工困境 transfer of employer is forbidden (no negotiation right)

strict time limit to the period of employment( no social/civil right )

the exploit from agency (demanding direct-employment or state as agency)

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… stigmatization from both the media and government

lack of cooperation with local unions (no unite right)

House-hl rad a g e a ntrt t b l o l spo o n e e n cr i r r ’po c d ya ra (rm t g ps evs e ee b w i “ oshlSri A t H ueo e c c ) d ve ”

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Abolish the six-year time limit of residence in Taiwan, Fight for the basic human rights of migrant workers!

15

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1990

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….

2004

1218

2004

12

18

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Foreign migrant workers protest
Taipei Times , Thursday,Dec. 16,2004, Page 2 By Cody Yiu STAFF REPORTER

LABOR RIGHTS: Foreign workers gathered at the Executive Yuan yesterday to protest

a six-year limit on how long they can be employed in Taiwan

Foreign migrant workers' advocacy groups yesterday filed a petition at the Executive Yuan to abolish a six-year time limit for employing foreign migrant workers. "This restriction is rather puzzling to us, as it is unheard of in other places. Hong Kong and Singapore have set quotas for incoming migrant workers, but never an employment time-limit restriction," said Ku Yu-Ling , secretary-general of the Taiwan International Migrants' Association. As Dec. 18 is International Migrants Day, a group called Promoting Alien for Household Services Act yesterday gathered over 30 foreign workers, including blue and white-collar professions, to fight for three rights: working rights, immigration rights and the right of political participation. At the Executive Yuan, the group was received by representatives from the Ministry of the Interior (MOI), the Council of Labor Affairs (CLA) and the National Police Administration. The MOI's department of household administration, which is responsible for drafting a comprehensive immigration policy, stated that it would consider including migrant workers in the policy. "Although no conclusion was reached during today's meeting in regard to our three calls, I was pleased with the government's sincerity in having invited several cross-administration representatives to talk to us," Ku said. In response, the CLA said that the purpose of the six-year restriction was to curb immigration by long-term residents -- previously, they could apply for
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naturalization -- and to prevent a loss of revenues. Fees paid by employers who hire foreign migrant workers are reduced over time. Article 52 of the Employment Service Law ( ) stipulates that a

blue-collar foreign worker cannot be employed here for more than an accumulated six years. "This law was enacted before the amendment to the Immigration Law ( ),

which then stated that a foreigner might become eligible for naturalization after five years' residency. The six-year restriction was set to prevent aberrant immigration," Liao Wei-jen ( ), a section chief in charge of foreign labor affairs at the CLA, said yesterday. Furthermore, Liao added, a company that has employed a foreign worker for more than five consecutive years is entitled to pay lower fees and other benefits. As immigration problems are no longer a concern, Liao said the elimination of the six-year employment restriction was likely. Liao said differences in policies governing the employment of blue and white-collar foreign workers did not indicate discrimination. "The importation of blue-collar foreign worker has been a supplementary policy, where supply meets demand ... the employment of white-collar foreigner workers has been policy for societal-effectiveness," Liao said.

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IMMIGRANT WORKERS: FACTS AND FIGURES
Situation of Burmese, Lao and Cambodia migrant workers in Thailand (2004) Pranom Somwong / MAP Foundation (Thailand) Sutthida Malikaew / Action Network for Migrant Labour (Thailand) FACTS  It is estimated that there are at least two million immigrant workers from Burma, Laos and Cambodia in the country. About 80 percent are from Burma.  According to the Ministry of Interior survey, there are 1,284,920(illegal) migrants from Burma, Laos and Cambodia. Out these amount 1,122,192 migrants workers showed up (921,492 Burmese, 179,887 Lao, and 183,541 Khmer) and are registered by MOI. Those who registered are granted the temporary ID card in July 2004.  Out of those migrants, there are 93,082 new born -14 years old and 10,000 elderly and dependants.  Employment department granted work permit for 814,247 migrants: 610, 106 Burmese, 99,352 Lao and 104,789 Khmer)  The work permit granted when those migrant had registered and complete the physical check up. There is no differentiate number of men and women but there are also found that 9,383 migrant women are pregnant.  Immigrant workers are allowed as manual labourers only. They can be farm workers, factory workers, labourers in fishing boats or in fishery-related industries or domestic workers.

 In Bangkok, the highest number of registered workers are domestic workers followed by factory workers and manual labourers  Although 80 percent of migrant workers are from Burma, many are ethnic minority peoples such as the Mon, the Karen and the Shan, who flee poverty, war and ethnic cleansing in their homelands.  There are still a number of immigrants live and work underground and thus dnthv acs t bs hah cr sri s F rr ie d w re , o’ ae ces o ai el a e c . o e s r c t e ve g t e okr s employers always confiscate the ID cards and work permit of migrants. So they dnt ae ceso aihah a a w l o’hv acs tbs el cr s e c t e l  Immigrant workers who are HIV-positive have no access to medical services.
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Work and Living Condition Though the registration of illegal migrant worker aimed to provide those immigrant rights to stay and work in the allowed occupation in Thailand, which they will enjoy the rights under Thai labour law, in practice, most of workers are more or less still being exploited. Some of them still face the slavery – condition. According to the latest like r u t n t w re cn hnehie p yrfhy o’f lase wt t i e li ,h okr a cag t r m l e it w nte stf d i h r g ao e s e o e e ii h e work conditions. In fact, to change employer is very difficult.

Rule for Changing Employer Office of Foreign Workers Administration, Department Of Employment, Ministry Of Labour explained the steps below: Employers have to inform the employment department within 15 days to withdraw the work permit and they have to return work permit to employment department If worker still would like to work in Thailand, they have to find new employer who got the quota from employment department. (The employer who registered their need of hiring migrant workers earlier at the period of time allowed by government) A worker and a new employer go to apply the new work permit from employment department and pay the fees again 1900 baht for 1 year work permit, 900 baht for 6 months and 450 baht for 3 moths. (This fee is the main problem because it is different from a year earlier when migrant would have to pay only for new card 150 baht when changing employer NOT the fees of new work permit because they paid already at first time of register.) According to Labour Protection Law, employer has to be responsible for the work permit fee. The fact is most of employer deduct from worker wage and ee ak okro a b t m e e iw re dent ae oe t y i t vn s w re t py y h sl sf okr os’hv m ny h m g e v e h need to find new employer that can give them job and they have to pay again.

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Situation after registration period - November 15th, 2004 Ministry of Labour by the Employment department joined the campaign with Immigration on mass crack down to illegal workers and arrested the employer who hired the illegal workers. The news in website of MOL on November 17, reported the case of 13 (10 Burmese and 3 Lao) migrant workers were arrested in Bangkok at a small factory, they been charged on entry and work illegally in Thailand. Their employers are not at the factory at that time but the authorities would arrest them later.

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All the workers were sent to Immigration Detention Centre (IDC) for deportation. However, there was no report about how Labour Protection office would facilitate the process to call for their wages from their employers.

Travel issues Workers are allowed to stay and travel in registered province. Workers may be deported if they leave the provincial area designated to them without obtaining permission. If worker wishes to travel out of their provincial area they have to asked permission from the Governor of that province. In Chiang Mai when some workers have to go back to Burma, MAP contacted through informal channel with Immigration officers whom workers can trust and they take risk to travel back home.

Other Situation Registered factory workers are entitled to receive minimum wage, as do Thai in reality, they receive less than half the legal minimum wage or about 70 to 80 baht while working 10 to 14 hours a day with no holidays. (The minimum wages announce by MOL in Jan 2005, the highest is 175- and the lowest is 137 Baht subject to working area) Despite the low pay, most workers have to pay for room, board as well as food. Many of them work under slave-like conditions. Though registered, these migrant workers are not entitled to social security protection or compensation when work-related accidents occur. It is not allowed the employer to keep worker ID card. However, employers normally refused to let the workers keep their ID cards, their work permit card and health issuance card claiming that they are afraid of workers moving away, thus subjecting the workers to extortion from police and gangsters. Also they Migrant workers live in confinement because they fear being arrested. Migrant workers cannot protect their labour rights because once fired, they are considered illegal immigrants and must be deported. They are not allowed to set up worker union.Most workers are in the sectors that are not protected by minimum wage laws, namely fishery, farming and domestic worker. Domestic worker, Thai nationals or immigrants, are only guaranteed monthly payments in Thai bath and at least a six-day leave each year. The law prohibits sexual harassment but the problem remains rife because domestic servants are powerless against employers. Labourers on fishing boats are not under minimum wage laws. The wages are decided between employers and employees.

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Providing humanitarian aid to immigrant workers who face various forms of exploitation is difficult because the authorities often slap those who do so with criminal charges for offering shelter to illegal aliens.

REGISTRATION PROBLEMS The ID cards for registered workers for 2003 expired as of June 30, 2005. But the Interior Ministry has failed to issue them new ID cards in time although they have already paid the fees. Consequently, many registered workers face arrest or extortion from police and gangsters. In the 3,800-baht registration fee, the workers must pay 1,200 baht a year to be under the National health Scheme - widely known as 30- baht health programme. But most of them unable to use it due to communication problems and their employer confiscate their health insurance card. Many workers felt disappoint with registration because they feel that the costly registration doesn't neither protect them from extortion nor provide them with better work conditions and welfare.

STATE POLICIES The state views the influx of migrant workers from neighboring countries as national security threats, which must be eradicated. Consequently, policies are based on suppression and control, not on labour rights protection. Registered migrant workers are defined as aliens entry Thailand illegally who are allowed to work on a year-by-year basis by cabinet resolution. This robs the workers of job security. Thai government tries to implement the MOU on labour with Burma, Lao and Cambodia. After June 30 2005, only migrant who previously registered work permit are allowed to renew the work permit registration in 2006. The migrants who registered fre pr y Dcr wlb dprn bc t t icut o oi nit yr nt o t oa I a i e eot g ak o h r on f r i fh ’ o m r d l i e y g e e the member of family of register workers (who got the work permit)

LABOUR LAWS The prosecution process in the court is a time consumer prevent exploited worked from seeking justice.
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Labour Relation Act bars immigrants from setting up labour unions. It is against the law to pay factory workers by piece of work but this is common practice in garment factories along Thai-Burma border. The labour law gives employees the right to have no less than 30 days paid holidays and 30 days paid sick leaves. It seems not enforced. Late payments are common. By law, employers are required to pay interest on late payments. It is not enforced.

VIOLATIONS Due to strict, suppressive policies, the majority of migrant workers who register in July 2004 still have to live and work underground, thus making them highly vulnerable to exploitation and rights violations. Apart from slave-like work conditions, migrant workers are subject to routine and systematic extortions by officials and their associates. Many employers refuse to pay workers. Instead, they tell the police to arrest the workers and deport them. The police tend to ignore crimes committed against migrant workers, thus encouraging criminals to break the law. It is said that some police and officials involve in trading human, which cause it next to impossible to crackdown on human traffickers or to protect the migrant workers' rights. Violation of human rights in detention centers and police jails is rife. Migrant workers are robbed of labour rights and freedom of movement. Many employers prefer female migrant workers because the pay is lower and they are more submissive. CHILDREN Many migrant workers are children. The number of children of migrant workers born in Thailand constantly increases, but Thai authorities deny the children of migrant workers the right to their nationality by refusing to issue birth certificates The children of immigrant workers are also denied the right to education and health care. As child workers, they are subject to various forms of exploitations.

WOMEN Most female migrant workers do not have access to reproductive health services. Unable to access family planning and safe sex services, many female workers Suffer unplanned pregnancies and unsafe abortions.
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It is found that many female workers are fired when pregnancy. Many expecting mothers do not have access to prenatal care and safe delivery. Some die from abortion complications. Unequal gender relations and lack of safe sex information also leave women migrant workers vulnerable to HIV infection.

CRACKDOWN POLICY The current frenzy to meet the government's policy on the crackdown of human trafficking rackets and illegal workers has intensified arrests and violations of human rights of migrant workers. Not knowing who real officials are, migrant workers are obliged to pay bribes to avoid being arrested and deported. The use of paramilitary village volunteers in the crackdown has given rise to local mafia groups who abuse their power to extort money from immigrant workers. Their other crimes include murder and rape. Due to their close links with state officials and deep hatred against immigrant workers, criminals are rarely caught and punished. Workers face additional exploitation and rights violations after they are deported. The Burmese reception centre in Myawaddy, for example, reportedly forces returnees to have HIV blood tests. Back in Burma, the workers face similar routine extortions so they can return home _ or cross the border again to find work and to escape violent oppression, which includes imprisonment, physical abuse and forced labour.

PREJUDICES State authorities and the media constantly spur public prejudice against migrant workers by portraying them as national enemies, criminals, disease carriers and stealers of Thai jobs. All migrant workers from Burma are lumped together as Burmese although they are from different ethnicity. They therefore are subject to prejudice by the Thai public who, owing to the ultra-nationalist teaching of history, view the Burmese as national enemies. Deep prejudice makes the public turn a blind eye to the plight of immigrant workers.

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A Critical Perspective on International Instruments a dN t n l a s n me Mi a t a dI ga t n ai a L w o Wo n g ns n mmi ns o r ’ r ’ Rights
Lualhati S. Roque, Executive Director International Migrants Resource Center (IMRC) To the International Workshop for Asian NGOs on Female Immigrants and Migrants May 13-15, 2005, Taiwan

Allow me first to extend my thanks and appreciation to the AWAKENING FOUNDATION for inviting me to this important conference. I am confident that the information we can gather from our discussions will add up to the enrichment and el h n et fh pol ’nweg ad hs rm ta ai d i spot fh n gt m n o t ep sko l e n t po o n tt en upro t i e e e d u e tu e rights and welfare of women migrants and immigrants. I guess this is the very vision that the organizer of this conference, as their name implies, has devoted to address and to which IMRC give its full support. Fellow participants and guests to this conference, I think this gathering is appropriate to deliberate on the plight of women im/migrants who are victims and survivors of various human rights violations. As such, it is also apt that we talk about the relevance and viability of legal instruments available to protect their rights and welfare. In presenting a critical perspective on national and international instruments on women im/migrat r h , ypprasr toi e ok gadi e n ’ i t m ae s t w n r ci n n r s gs es tl n t -connected factors: 1) National and international instruments are crafted to respond to and appease go i pol ’rt toehm n i tv li sad rwn ep spo s vr u a r h i ao ;n, g e es g s o tn 2) However, it is wrong to completely ignore these laws and instruments. Ct gt s i t m n i asrn m gat r h ptot kt s w ocm i in h e n r et n s t g i n ’i t u t a h e h o m t i e su s ei r s gs s o human rights violations, even by ommission. The common denominator that this paper wants to bring forth to put to action these tw f t sm v gi t ugnyo gtn t m gat gt rai dt o a o oi s h rec f ei h i n ’ e ogn e o cr n e tg e r s z ealt m t at n hipol s n e pw rhm e e b t i t i“et y nb h o co t r rb m ad m o e t sl s y a n h r dsn e e e e e v kg e i
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i ohihns. n t r ad” t e To elaborate, I will discuss the following points: 1. 2. 3. 1. What is the context of the export of Filipino women? How effective are international and national instruments in protecting their rights? What is our challenge as advocates of women im/migrants rights?

What is the context of the labor export policy?

I seek your indulgence as this paper will greatly focus on the data available on Filipino women migrants/immigrants due to the broadness of the topic assigned to me and due to limited time to do extensive study on an interesting and challenging subject. Being the second largest exporter of labor in the world next to Mexico and because of the fact that women comprise half of this, the experiences of Filipino women is already a susbtantive representative of the rest. To understand the role and use of international and national instruments cne i w m ni / i at r h , em s a oudradt cn x o t ocr n o e m m g n ’i t w ut l ne t h ot t f h ng r s gs s sn e e e export of Filipino labor under the bigger context of the obtaining social and economic condition of Philippine society and see through the motives of a specific national jurisprudence, the Labor Export Policy of the Philippine government. According to Archbishop Gaudencio Rosales of the Catholic Bishops Conference of the Philippines (CBCP), this exodus of Filipino workers manifests the failure of the Philippine governm n seoo i por . hr i a oasy g et cnm c rga T e s l ’ m e s ai n among OFWs contemplating working in Iraq about how in Iraq, they face only one enemy, the bullet, while in the Philippines, they face three challenges a day – breakfast, lunch and dinner. This is quite sad as O Ws r cnt i dt “i t b t p l F a osa e o b e h ie is e rn t e tr l” just to be able to survive –a slow death caused by hunger, or sudden death caused by bullet. A postscript to that is the saying that it is better that only one OFW dies rather than his/her entire family. History of the Philippine labor export is traceable to the Structural Adjustment Programs (SAP) imposed by the IMF-WORLD BANK to succeeding Philippine gvrm n . h S Pspor o “ a e r n dl dr om bogt bu oe et T e A ’ rga f m r t i t a e r ” ruh aot n s m k -o e e n f massive displacements of peasants as their agricultural lands were not distributed to the
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tillers but went to the hands of big business who converted massive agricultural lands into golf courses, subdivisions and for tourism businesses to cater to the lifestyle of the w r ’r h and famous circle. ol si d c Alongside the entry of foreign big business into the local market due to trade liberalization during the term of former president Diosdado Macapagal in 1961-1965 (father of the incumbent president, Gloria Macapagal-Arroyo) slowly wiped out the small and medium scale Filipino manufacturers that send thousands of workers out of jobs. After Macapagal, during the 2nd term of then Pres. Ferdinand Marcos, intensified trade liberalization and led to more closures of local companies and drove overseas workers abroad particularly in the Middle East. To systematize this newfound “ dsy o t P ipi gvrm n Ma o bogtott L brE pr i ut ” f h h i n oe et r s ruh u h ao xot n r e lp e n , c e Program of the Philippine government in 1970. Henceforth, successive administrations did not depart from the LEP as its main source of revenue even as they continually sold out the control of Philippine natural resources and patrimony to local and foreign big business. The result is the massive and corrosive destruction of the natural base for economic growth and development of the Philippines. H ne A cb hp R sl ’s t etad t O W sy g udrn t ec, r i o oa s te n n h F ai ne i h hs e am e n le e national context framing the forced migration of Filipino workers. Along with chronic grinding poverty brought about by a distorted vision of national economic development through the backward agrarian, import-dependent and export-oriented economy –the Labor Labor export policy of successive Philippine governments fuels the systematic commodification and export of workers. Integral to this massive exodus of human resources to strange lands and foreign culture are the Filipino women. Government statistics provide that everyday, almost 3,000 Filipinos work and live overseas and about two-thirds of them are women exported largely as entertainers, domestic helpers, brides and factory workers. Unfortunately, even as women went oe esnm lt e g i re ot peo eo o “ m n ao o l o”T e vr a i u i ds i n i t h hnm nn f f i zt n fa r h s tu vg s e e i i b . treatment of Filipino women as inferior to their counterpart continues even if they also perform the same jobs as the male workers. This situation put Filipino women in great jeopardy. The same situation is true among women immigrants who as brides oftentimes are treated also as second-class citizens and as mere extensions of the male species.

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The more oppressive situation found in the husband-and-wife relationship of Filipino women as brides to foreign nationals have correlation with the status of the Philippines among the community of nations. It is the opinion of this speaker that, if the very nation of the Filipino bride has not gained respect because of the failure of the Philippine government to equally rise vis a vis the economically prosperous community of nations this unequal relation will replicate down the line –from trade relations, political, immigration laws, and the like. Thus, its citizens cannot expect otherwise especially for the more vulnerable women migrant workers, brides and entertainers. Concrete details of human trafficking and the resulting physical and emotional violence committed against women brides/espouses are documented in the topic of VAW in this conference and for sure violates the various provisions of the Philippines “ Anti-trafficking Act” n t UN Protocol Against Trafficking in Persons- Especially ad h e Women and Children or Trafficking Protocol and other similar jurisprudence. Not far from this experience are those of the Filipino Overseas Performing Artists (OPAs) who sell their bodies and talents to chauvinist clientele in Japan and in other Asian neighbors who subject them to backward and feudal treatment. OPAs and similar kind of employment raised to a new level the old customary treatment of the role of women as sex objects. This time the role of women as entertainers grew from private confines to a commercial and massive social function. It is now a new sector in t P ipi eoo y ad nm d t “n r i eti ut ” T u,Fl i h h i n cnm n a e h et tn n n sy. hs ip o e lp e e ea m d r in women continue to experience the same marginalized and inferior position overseas either in the job sites or in foreign homes. (power point statistics about deployment by sex/as OPAs/as foreign brides) Meanwhile, because of unceasing growth of unemployment, succeeding Philippine government administrations uses the LEP to: a) defuse social tension by exporting its vast number of un- and underemployed abroad; and, b) to earn much needed dollar remittances to prop up a falling peso, pay balance of trade deficits and onerous foreign loans. While it was initially implemented as an allegedly temporary stop-gap measure in the 1970s, it has become more entrenched over the years so that today, President Gloria blatantly targets the deployment of one million workers a year. It is astonishing
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t tG ’ am n t t n nw cni r l o epr a a ply for national h a MAs d i sao o os e a r xot s ir i ds b oc i development. T u,rm a ud 6 0 Fl i s dp yd t o e cute i 17,hr hsf o r n 3, 0 ip o “el e”o t r on i n 95 t e o 0 in o h rs e are now approximately 8.1 million Filipinos toiling around the world today. Last year the Arroyo administration exported a record 933,588 Filipinos and received US$8.5 billion in remittances of overseas Filipinos. As globalization intensifies, so is the deterioration of poorer economies, so is human migration and human trafficking. WTOs program of trade and investment liberalization, privatization and deregulation create the condition for the current massive outflow of human resources out of the country and for the State to violate existing national and international instruments. Pof fh iPe.MA rro hlbn ps t eprl o a her pillar of ro o t ss r G r y’ e et uh o xota r s i s o s l b “ee p et fr j -c ao” n da i hr d i sao’t gt f m lo dvl m n o “ b r t n ad r n e am n t t n a e o 1 ii o ” o ei w g ir i s r ln jobs overseas! To date, in both lower and upper houses of Philippine congress, new bills is being deliberated to prop up and legalize this kind of development logic and thrust even throwing away the principle of the Migrant Act that discourages labor export and defines development and job creation as internally generated. Listen to this: “ While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rest solely on the assurance that the dignity and the fundamental human rights and freedoms of the Filipino citizens are not, at anytime be compromised or violated. The State, therefore, shall continuously create local employment opportunities and promote equitable distribution of wealth and benefits of development.” et n , .. 02 r ( co 2 RA 84 o S i Mi at A tf 95 g n s co 19) r ’ (power point showing table of number deployed since 1975 and amount of remittances) In addition, the LEP is lucrative for the Philippine government because of the various state exactions or fees migrants pay directly into government coffers before and after they leave. It is estimated that each migrant worker pays around P16, 000
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(approx. US$ 296.) directly to the government for things ranging from passports, birth certificates and NBI clearances among other things. With almost 3,000 going abroad a day, this translates into P480, 000. (approx. US$ 8,900.) in revenue daily. Gvn h cn x iic a t t F a i ed h P ipi gvrm n s i t s ot t ts l rh O Ws r n e t h i n oe et e i e, e a e d e lp e n ’ “ahcw . hsf m t pi o v w o cm ui bsdm gat rai t n, cs o ”T u,r h o t f i f o m n y ae i n ogn aos o e n e t r zi like MIGRANTE INTERNATIONAL, it is clear that the primary interest of the Philippine government is to intensify its labor export policy in exchange for highly crucial dollar remittances. (chart of fees paid by OFWs to government) As such, the Philippine government cannot enact national laws or seriously implement jurisprudence that counters this trajectory. If it signs international covenants, this is so for formality sake. It it gvrm n s l dahr c t WT d te sh oe et b n de ne o O ia s e n ’ i e ct that direct the Philippines over-all objective of keeping markets open for its labor export – rights and welfare of Filipino migrants, especially women, take a backseat. the In brief summary, the Philipp e L br xot rga iro d n h f l e i ’ ao E prPor sot i t au ns m e e ir of its government to chart its own economic and political development through genuine agrarian reform and create a modern industrial base to make the local market vibrant, prosperous and stable. This path, which many advanced countries passed through to attain economic growth and independence, is necessary to liberate a nation, like the Philippines, from centuries of domination of its economy by foreign big business and local big comprador/bourgeoisies. Moreover, said blueprint for (mal)development would logically result into dependence on foreign technology and foreign market, not to mention political subservience to foreign policy dictates of the dominant economic partner of host country. Thus, without a sustainable and self-reliant domestic economic base, the Philippine government will perpetually export its human power to sell to foreign masters in exchange for much-needed revenue at the expense of the rights and welfare of its workers.

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2. How effective are international instruments and national laws on Fl io o nmi a t r hs ipn w me g ns i t i r ’g ? It is but right to acknowledge that the creation of international and national i t m n t ades i at cne r on e t p gt n pol s fhis n r et o dr m g n ’ ocr e gi s h l h ad rb m o t su s s r s n c z e i e sector, including their families. However, these instruments must be seen in the particular policy direction of each concerned government. In reality, general principles remain only in letters when it runs counter to specific government policy like labor export. For example, the P ipi gvrm n sao eprplybi i suc o r eu,taec s h i n oe et l r xot o c, e g t or fe ne i gni lp e n ’ b i n s e v s e abroad opt not to touch the sensitivity of its main employer. It comes to my mind this specific provision –Article 7 of The International Covenant on Economic, Social and Cultural Rights that states that: “ state parties to the present covenant recognize the right of everyone to the The ej m n o j tad f oal cnioso w r…” “a w gsad eul n y et f u n a rb od i o s v e t n f ok ; f r ae n qa i renumeration for work of equal value without distinction of any kind, in particular, women being guaranteed conditions of work not inferior to those enjoyed by men, with eul a f eul ok qa pyo qa w r…” r Various accounts of OFWs in difficult situations prefer to call for the help of their i m d tf ie o o pols rai t n ad G sE bs of is r m eie a ls r f ep ’ogn aos n N O . m as fc la a mi e zi y ia e reported to play passive and evasive over complaints filed before embassies/consular offices abroad. At worst, there are cases where OFWs who successfully escaped from their tyrannical employers are even returned by embassy personnel to their abusive employers. Subsequently, reports of the death of the OFW follows. (Catherine B u s ’cs o m letet n upi sl y ae gi t e Lbns e p yr atts ae f a ra n ad na a r cs aa shr eaee m l e; ia t m d a n o MIGRANTE file May 2004.) In this light, national and international laws and conventions on migrant rights bcm iuoyadsret m i a a“tu qo ss m w e i m gat a eo e l sr n e o a tn s t u” yt l v ni as e hr n i n r e r s e ss m tay t dd ad xl t a cep n f x ll o wt n h f m w r yt acl “ ae” n ep id s ha ad l i ea r i i t r e ok e i l r oe eb b h ea of neo-liberal globalization.

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The widespread abuses migrant workers are subject to is well-documented by everyone from the government, church and academe. Likewise, the most vivid stories of human rights violations emanate from the migrants themselves and through t ipols rai t n. h r ep ’ogn aos e e zi Following was documented by Migrante International: “ l e na, 4ya o f m Pk , ot C t a l to K w ia a My n Mads2 er l r e s d o i tN r o bt e fr u a s i h a o f t domestic worker on September 26, 2003. She worked from 4am to 2am everyday and was given little food if any. Sometimes, her employers would tie her in a chair and throw cutlery at her while she watched them eat. When her employers abruptly put her on a plane for the Philippines 8 months later, her with swollen hands because of the strong bleach they poured on it; her hair was shorn unevenly because they cut it and her ears were like cauliflower because she was repeatedly slapped in the head. Mylene arrived at the Ninoy Aquino International Airport with only the clothes on her back and i ot s g cn o hr ae. wt u a i l et f e w gs h ne ” Other research concedes that, "Discrimination against migrant workers is widespread and pervasive. It occurs in all migrant-rcin sc ts (Capulong) ee i oii …" v g ee a. 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families Below is a long list of international conventions that are supposed to protect the rights of women migrants. The conventions and declarations range from the Universal Declaration of Human Rights to the more directly relevant 1990 International Conventional on the Protection of the Rights of All Migrant Workers and Members of their Families. (power point list of all the conventions and dates of ratification) This Migrant Workers Convention provides for the first time an international definition and categories of migrant workers and it sets international standards of treatment by extending human rights to migrants and their families. It also seeks to establish national standards for the protection of the rights of migrants and their families because it calls on signatory states to enact national legislation in accordance with the convention. After its ratification, not one receiving country has signed it. As such, even if the Philippines have ratified it, it is not applicable to Filipinos in Taiwan
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because Taiwan is not among the signatories. Consequently, this convention remains an illusion because it does not manifest in the daily lives of countless migrants. Similarly, the other conventions and protocols aotm gat r h a o hv l l e o acp b i,i p m n t n ad bu i n ’ i t l ae o e l f cet it m l eti n r s gs s w vs a ly e ao compliance – even if nations have ratified them. Further, many contain legal loopholes that allow nations to choose what they will or will not adhere to (Capulong ). Moreover, for all its comprehensiveness and motherhood statements – international the convention remains in paper for many migrants. Concerning women, only two out of the twenty-one protocols and conventions specifically tackle the specific issues of women – namely, the 1979 Convention on the Elimination of All Forms of Discrimination Against Women and the UN Protocol Against Trafficking in Persons – Especially Women and Children. Especially since in the International Convention on Migrants, no distinctions are made between male and female migrants. This is despite the abundance of research that speaks volumes about the particularly vulnerable status of women migrants. Employed largely as domestic workers and entertainers, women migrants are more prone to modern-day slave like treatment and sexual abuse and harassment. (statistics on how more women migrants are victims of abuses – migrante) By not having an international convention that distinguishes some of the issues that women migrants, the particular forms of oppression and exploitation that hit women migrants remain in the dark or between the lines of such conventions. Majority of women im/migrants come from poor and underdeveloped countries in Asia, Latin America and Africa, categorized as the Third World. Omitting their cases of human rights violation are tantamount to double jeopardy – they being from a poor nation and, as poor women. My searching mind would raise this question –is it because the migrant women are a big reserve of cheap labor that it is but practical for the world trade big business operators to remain silent on this issue? Respective legislators and policy makers of labor exporting countries will most likely remain silent until they are woke up from their slumber and callousness by the butfh pol ’ oe et I t si t h m kseiao e p isad rno t ep sm vm n n h l h t s ae l s t n m ic tn e e . i g,i g li ri
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tlto ep sat n hm e e. Fl i sy g hti t t s l brs What ai t pol ’co t sl sA ip o ai t fso h s m e i“ is e i e v in n a t i u is the use of the grass, if the horse already died” It is always the case, people . fhis l ehir pc o pb c fc l O t psi s epol ’cos n gt o t re et f ul of is n h oiv i , ep sat n el h n s e s s i ia . e te d e i i e policy makers and make them work. b. Migrant Workers Act of 1995 In the Philippines, there are also numerous laws and resolutions enacted about the rights of Filipino migrants. I will focus on the main one which is RA 8042 or the 1995 Migrant Workers Act, which marks its 10th year this June 7. (power point of Philippine laws/policies regarding migrants –especially R.A. 8042 and anti-trafficking act) This Migrant Workers Act is the Magna Carta for Filipino migrants and it addresses everything from welfare assistance to illegal recruitment. It defines the roles of government agencies and in its guiding principles, saying that the Philippines do not deploy migrants as a matter of national policy nor will it deploy migrants into situations that violate the dignity of the Filipino people. For example, to pay for costs related to the repatriation of a migrant in distress, various Philippine Consulates essentially force distressed migrants to work for different agencies while either half or their entire salaries go directly to the Consulates t “a”frhir a ii t t P ipi s A w l C nu t adt D A o py o t r e tao o h h i n . s e, osle n h F e p rtn e lp e l as e use t t t o suei m ny edd o r a ii f m t m gat f i o h a i fqez g oe nee fre tao r h i n sa l r e cc n p rtn o e r ’ m y other community groups. (source Migrante International case files) T eeshm s r oe adaoet Mi at re A t poio fr hs ce e a vr n bv h e e g n Wokr cs rv i o a r s ’ sn P100 million pesos Emergency Repatriation Fund for distressed overseas Filipino workers funded by the OFWs themselves. c. International and national laws propagate a status quo where women im/migrants remain marginalized In the Philippines, the then Ramos administration swiftly enacted the Migrant Workers Act less than three months after domestic worker Flor Contemplacion was wrongly executed, on March 17 by the Singaporean government, for allegedly killing
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another OFW and her young ward. To douse cold water on the Filipino peoplsot g oe Fo’ da ,h e u ae vr l s et t ’ r r h e Ramos administration presented the Migrant Workers Act as their antidote for human rights violations against OFWs. However, in the decade that has passed since its passage, OFW victims and survivors of gross abuses still multiply and the Act proves inutile inside the Philippines and especially overseas where foreign governments are not bound by it at all. It is saddening to know that with regard to international instruments, for example, none of the receiving countries have acceded, signed and ratified the International Convention on the Protection of the Rights of All Migrants and Their Families. International and national laws remain inadequate and with many loopholes. Reality shows that world economic and political bigwigs disallow application of international instruments for them. It now becomes evident that in many respects the enactment and existence of such laws serve to placate outrage over human rights violations against migrants and thus to preserve a system wherein migrants continue to be exported and traded on the global market as cheap and flexible labor. There is the school of thought that migration is inherently concomitant with “l azt n o f m sm i e aoa adw l g blao” r r o e n r t nl n e-funded NGOs simply puts the o i i o tn i l issue of migrant worker as a matter of methods or mode of migration, and thus, the task is to enact laws to mitigate the abuses faced by migrant workers. This perspective does not acknowledge the possibility that the basic problems of the Filipino people can be addressed and that .There must be, and there is, an alternative to a world where more than 100 million are uprooted and displaced because of militarization and neo-liberal globalization. In this light, the national laws and conventions exist to assure migrants and the pol t t sm t n i bi dn”aot u a r h v li s vnia t ep h “o e i s e g oe bu hm n i t i ao ee f l h e a hg n g s o tn l e action that takes place is in the realm of public posturing and not in the daily lives of migrants toiling mostly as domestic workers, entertainers, laborers, and seafarers. Since governments and the international community cannot ignore the reality of rampant human rights violations against im/migrants, national laws, protocols and conventions are enacted to signify that the state(s) are responding to the abuses.
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Oftentimes, international conventions and protocols, national jurisprudence is honored more in breach than in practice. 3 Wh tsh ca eg fr ga t okr’d oae? . a ite h ln e o mi n w resa vct l r s In the light of the inadequacies and loopholes in the letters of the law and in compliance of national governments, what is our task as migrant advocates, researchers and organizers? As with most things, this issue also has unseen benefits and it lies in the strength of the migrant workers themselves. Despite the serious flaws contained in the legal arena when it comes to the rights and welfare of migrants – must work to empower we migrants and migrant organizations so that they can assert the rights contained in such laws. a. The need for Migrants to Get Organized –

Precisely because of the flaws, it is clear that the laws very existence guarantees nothing. It is up to the migrant workers, their organizations and advocates to resort to action –Philippine cause-oi t gop cli“ r n d ru’ a t Arouse, Organize and Mobilize” r ee s l o (AOM) and to ensure implementation of the provisions contained in the conventions and laws. Through mass actions and campaigns, the international and national instruments become real and more relevant as we use them to uphold and advance the interests of Filipino and other migrants. Consequently, without our collective action – the documents remain such, words on paper that collect dust in bookshelves around the world. T u,ts n tig o i l k o w a o e r hs r a dcmpe ly h siio e hn t s y n w h t n’ i tae n o l e mp sg t another to be able to assert them effectively. Thus, it would be extremely limited and futile if we approach the desire to address migrants' rights by simply relying on legal instruments. Instead, we must rely on migrant organizations and their strength to take collective action to address their plight. The migrant worker themselves are in the best position to assert the rights contained in conventions and national laws. It is they and their families that put flesh and blood to these bodies of lifeless words.

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Hence, we must support the efforts of migrant groups to call for systemic changes in society. If anything, such violations will intensify given that anti-migrant policies and actions escalate most during times of economic crisis or in the case of the Philippines – times of big budget deficits and gargantuan corruption that drains its in finances. Without this component, there will be no end to the cycle and pattern of human rights violations, of OFWs or foreign bride crying for justice. To conclude, our greatest challenge is to support the organizing of migrants because only then will they have the strongest voice with which to assert that, “ gat r h a hm nr h ! ovr l m gat m s l kwt t b gr Mi n i t r u a i t C ne e , i n uti i h i e r s gs e gs sy r s n h e g Philippine society seeking genuine structural change if indeed it is serious to end its policy of exporting and commodifying labor so that its people can live with dignity and self-respect as it contributes its labor to the creation of a domestic and progressive self-reliant national economic base. b. Linking up with other migrant organizations and getting the support of friends Migrants themselves must take the lead in fighting for their rights and welfare. B i ogn e,t nt n h m gat cpcy o of n t problems and their e g rai dseg e t i n ’aai t cnr th n z r h e r s t o eir nemesis. In asserting their rights and in getting more experience in lobbying, negotiations and dialogue temper the migrants' spirit and eventually regains/strengthens their dignity and self-respect. As leaders themselves, migrants are not passive and the receiving end of the so-called advocacies of non-government organizations. Once they grasp their problem, t y eo e w kndadegrol r. H nei t P ipi stn, ep s h bcm a aee n ae t e n ec,n h h i n ei pol ’ e a e lp e tg e organization of marginalized sectors like the migrants are considered as the lead organizations in their area of struggle while NGOs or other service institutions serve as their support mechanisms. There must be no misinterpretation of this lead and secondary role of the marginalized people and the supportive role of other positive elements in society. To reverse this relation would create another form dependency, disempowerment and opportunistic misrepresentation.

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Iia o m ot tht i at ogn aos utodcntok among ts l i pr n t m g n ’ rai t n m scnut e ring s a a r s zi w similar organizations of other nationalities to forge solidarity and cooperation as they share the same exploitative laws and oppressive working conditions. Many lessons could be derived from their respective experiences although set in different settings. Research work is an important cog in the entire support machinery for migrants. With my due respect to the diligence and discipline in study of members of the academe and researchers, our output must show the light, so to speak, to help attain gni pb c w kn g r n gt m n o m gat i u. u l oi seer eu e ul a aei o el h n et n i n ’s eO ra r u r a h n i n i e r s s b o s c must serve address the problems of our specific concern. Compiling of statistics and quantitative data is important but it does not end there. Approaching the problem in isolation of a bigger problem and superficially from a bigger societal context leaves it wt ua ha” n bcm da adnteeer w r. i ot “ed ad eo e ed n i i r a h ok h ul s c Critical and analytical research must trace and look deeper into the core of every issue subjected for study. Approach must be able to provide a critical analysis to bring these quantitative information into a holistic knowledge that shows the roots of the problems and therefore suggests concrete alternatives for policy direction and even ultimately to more definitive recommendations and courses of actions. Living researches, like giving life to international and national instruments must link up with i usadt pol ’ rai t n. h f a t t sfr h pol ’ oe et s e n h ep s ogn aos T e i l e i o t ep s m vm n s e e zi n s e e finding our work educative and truth liberating. Conclusion – Labor export policy should cease. This is the most humane and right thing to happen. No more additional national and international instruments are required if only this root of more human rights violations ends. In this way, we will see that the dream for a Filipino society where the search for economic prosperity no longer tears families apart is realistic and attainable. #

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Sources: Ligaya Lindio-McGovern, PhD; The Export of Labor and the Politics of Foreign Debt (The Case of Overseas Filipino Domestic Workers); Nov. 4-9, 2001, Manila, Phil. Van Mackelenbergh, A. 2001. The Significance of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and the Challenge Ahead for Migrant Advocates and Migrant Organizations. Workshop Paper presented at the International Migrant Conference. Manila, Philippines. November 2001. Capulong, R.T. 2001. A Human Rights Perspective on the International Instruments, Laws and Inst i so Mi at re ’ i t WokhpPpr tu o n g n Wokr Rg s itn r s h. rso ae presented at the International Migrant Conference. Manila. Philippines. November 2001. Migrante International Executive Committee, 2005. Modern-day slavery, crackdowns and neo-liberal globalization: Filipino women migrant situationer. Quezon City, Philippines. March 5, 2005. National Alliance of Philippine Women in Canada, 2005. Filipino Women in C nd’Lv-in Caregiver Program. Canada. February 28, 2005. aaa i s e C n ro W m n R sucs20. Kababaihan sa Paggawa. Usaping Lila et f o e’ eor , 05 e r s e Fact Sheeet. Quezon City. “ F P ipi G vrm nsC s C w, P ipi D i Iqi r2 O Ws h i n oen et ‘ah o ’ lp e ’ ” h i n ay nu e 8 lp e l r, April 2005. Philippine Overseas Employment Administration Bangko Sentral ng Pilipinas Overseas Workers Welfare Administration Migrante International Migrant Assistance Committee cases Philippine Census. 2005. Survey on Overseas Filipinos.

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與會組織介紹
Introduction of Participant Organizations

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Awakening Foundation 婦女新知基金會
Our History In 1982, a group of women who supported gender equity founded the Awakening Magazine to arouse women's self-awareness and to strive for women's rights. With much difficulty, the group published the magazine and organized various events like anti-sexual harassment activities and the advocacy of Equal Employment Law. After a few years, Awakening Magazine has gained a positive reputation and respect from the Taiwanese community. In hopes of mobilizing more women, the founders established the Awakening Foundation in October, 1987. Our Mission Statement To raise public awareness of women's issues, to fight for women's rights, and to improve the social conditions of all women To raise feminist consciousness. To mobilize women, to eliminate sexism, and to promote gender equity. To carry on the women's movement and to end all forms of discrimination and oppression. Our Work Each year, we set a theme which corresponds to current women's issues. Hold seminars, public hearings, and speeches to address women's issues and relevant topics Provide direct aide, counseling, and information for individual women and other organizations Hold lectures and seminars on women's issues for various communities, organizations, and schools. Publish the monthly Awakening Newsletter . Pushed for the Family Law reform and drafted the Equal Employment Bill. ..................................................................... Awakening Foundation 4F, No. 264, Lungchiang Rd., Taipei, 104, Taiwan E-mail hsinchi@ms10.hinet.net Tel 02-25028715 http://www.awakening.org.tw 11713774
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Graduate Institute for Social Transformation Studies Shih Hsin University 世新大學社會發展所
The main goal of the Institute for Social Transformation Studies is to search for a cm r es e prah o oe ac t og v oos t i o T ia’sc l o pe ni apoc t gvr neh uh i ru s d s f a ns oi h v n r g ue w a problems arisen out of the fast economic growth in the past decades. Hopefully, more holistic visions can emerge in the process of persistent questioning and investigation. Such visions need to be practiced at the grassroots, and the experience brought back to re-examine the theories, so that both theoretical knowledge and capacities to act can grow and prosper. These should be done principally in a manner of faculty-student collaboration in the Institute. Unlike the growth theory of developmental economics, the Institute emphasizes balance in development in economy, society and culture through invigorating the initiatives of people. The main focus of studies and practices will be the following: Super-state In view of the importance of international agents, the institute pays attention to the various economic and non-economic international agreements and the work of communication system. The large amount of cases accumulated by UN agents after WWII will offer us as good experience to study. Social Issues in Taiwan T ia'm n sc l rb m ,br i l ep ’dvl m n e n r aost a n ay oi pol saoi n pol s ee p et t i e t n, e w s a e ga e o , h c li h feminist movement, environment and ecology, educational development, labor problems, and the social impact of religion are all within the scope of the Institute's curriculum. Developmental fieldwork The Institute believes that non-profit organizations and individual communities are prime movers in social development, and therefore encourages students to join at least one NGO or community organization to bring together theory and practice, obtain first-hand grassroots experience and share their observations with the organizations. International teaching and training International trends are also covered by the Institute's research and teaching. Discerning the effects of trade-related and non-trade-related international protocols on
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local societies, and developing policies in response are major concerns of the Institute. To nurture a broader international perspective in students, the Institute has arranged academic cooperative relations with foreign educational institutions and grassroots organizations, and assists faculty and students in going abroad for further study and research. At a time when demands for localism and internationalism coexist, social development needs to be even more far-sighted. Training professionals who are equally adept at research and real-world action is the mission that the Institute has set for itself.

.................................................................... Graduate Institute for Social Transformation Studies, Shih Hsin University #1, Lane 17, Mu-Cha Rd. Taipei, Taiwan, 116 E-mail e62@cc.shu.edu.tw Tel (02)2236-8225#3512 http://cc.shu.edu.tw/%7Ee62/social_transformation.htm
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Rerum Novarum Center 新事社會服務中心
Rerum Novarum Center started in 1971 to help young girls who worked from countryside to the factories in the cities. Since 1983, the Center has carried the present name. However, Rerum Novarum Center has developed wider concerns since 1994. Rerum Novarum Center belongs to the Society of Jesus, and is located beside the Holy Family Church in Taipei City. There are 14 full-time staff to offer the services for the basic human living needs and rights of the low-income workers, women, indigenous, and migrant workers and job-injured people. The Center develops and strengthens the neglected and marginal people, as well as, grass-roots communities through casework, education, peer groups-building and social actions in order to concretize Christian faith and to serve for human rights and social justice. Migrant Services The target group of the services is the domestic helpers and the caregivers in Taipei Area. (1) Legal Aid Service: To solve the problems of labor contract, labor-management conflicts, Labor Insurance, labor injury through telephone services and interviews. (2) Counseling: To solve psychological pressure and problems through casework and small Group work. (3) Social Service: The staff has to go to Manila Economic Cultural Office, court, and house of migrant workers, detention centers or police offices, hospitals and broker companies to help the clients. The staff also takes the responsibility as an interpreter. A Shelter House was started in 2002. (4) Advocacy: To advocate the rights of migrant workers through social actions. ..................................................................... Rerum Novarum Center 106 183 24 E-mail rerumnov@seed.net.tw Tel 02-2397-1933 2394-7474 Fax 02-2341-0106 http://www.seewa.com.tw/rerum_novarum/index.htm ( ) 09:00~12:00 19093533
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T ia It n t n l res s c t n a n ne ai aWokr’ s i i w r o A o ao 台灣國際勞工協會
The principle of TIWA is to promote the interactions between migrant and local worker, to improve the working condition and social environment for the migrant worker and to i r s t r h ad ee tfrh l o Is en 4 ers c m gat n e eh i t n bnfso t a r t be 1 ya i e i n ca e gs i e b .’ sn r workers started being imported in 1989. Migrant workers are everywhere in Taiwan who creates the labor experiences and social network, which Taiwanese had never had before. Nonetheless the Taiwan Government Administrated policy had always deal with the migrant workers in the way of dominating them by the system of Taiwan society. As the cheap labor in Taiwan, migrant workers face the worst working condition, become t “cpga” o t r s g nm l m n r ead a be m ri le ad h saeot frh a i ue p y eta ,n hs en a n i d n e e in o t g az demonized. Migrant workers in Taiwan have never been fairly treated by the Taiwan sc tudrh t ni o eoo dvl m n T e a “ r g bi s w o oiy net h k g f cnmy ee p et hr r f e n r e” h e e i n o . e e oi d work in Taiwan as the migrant workers also. Besides the culture difference, the international marriage brought them to the more difficult situation in the society. TIWA Tia It nt nl re ’ s c t n established in October 30, 1999 is a n n raoaWokr A s ii w e i s o ao the first local NGO in Taiwan which work for the migrant labor with concern for not only the migrant workers but the foreign brides as well. The members of TIWA are labor union members and organizers. TIWA promotes the inter-communication btenh l aad i at okr m gat r h ad m o et m gatt e e t o ln m g n w re , i n ’i t n e pw rh i n o w e c r s r s gs e r s organize their own independent organization, such as TIMWA for the Indonesian workers and KASAPI for the Filipino workers. Fighting against the ethnic-separation ideology, TIWA promote the migrant culture on the other hand, by helping the migrants create cultural activities such as migrant band etc. in order to transform the typical impression of Taiwan society of the migrant workers. Further more, to practice the social justice with respect and equality. ..................................................................... TIWA 55 E-mail tiwa.home@msa.hinet.net Tel 02-23928777 / 02-25952977 http //blog.twblog.net/tiwa/ 045001123769
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TransAsia Sisters Association, Taiwan (TASAT) 南洋台灣姊妹會
Who We Are T e hnm nn ffr g bi s iTia s r d n h 18s n r ce ta i pi h peo eo o “ e n r e”n a n t t i t 90 ad e hd o h h o t oi d w ae e a g n i t 19s“oe n r e”sh term the media used to refer to the women from Southeast n h 90.F r g bi s it e i d e Asia married with Taiwanese men. The term itself reflects the discriminatory attitudes the Southeast Asian women face in Taiwan. When these women immigrated into Taiwan, they first faced obstacles in language and living. However, for years the government has done little to respond appropriately to the needs of these women. Our language program, initiated by Dr. Hsiao-Chuan Hsia and several organizers in 1995, is the first language program for the immigrant women in Taiwan. It was developed by an NGO in Meinung, Kaohsiung and later expanded to other communities. In addition to language programs, we also developed various workshops for the Southeast Asian women to help them build solidarity among themselves and with the local communities. To accomplish further goals, we decided to establish a formal organization, and hence Transnational Sisters Association was born on Dec 7, 2003 in Kaohsiung, Taiwan.

What We Do
1. Provide immigrant women a resource-network and help them stand up for their rights in families, society, work, education and law. 2. Help immigrant women integrate with the communities. 3. Encourage Taiwanese to know more about Southeast Asia. 4. Advocate for a multicultural and equal society. 5. Lobby for legal reforms and legislation for immigrants rights.

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No.9, Longshan St., Meinong Town, Kaohsiung County 84346, Taiwan E-mail sisters.asso@msa.hinet.net Tel 886-7-6852818 Fax 886-7-6852817 42178601
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The Alliance for Human Rights

Legislation for Immigrants and Migrants (AHRLIM)
The Government of Taiwan, which espouses a concept of nationhood based on human rights, is always touting its human rights record, yet has consistently ignored the rights o i m gatad i atii at l o c sTia’m ga r ppli did fm i n n m g n nt c apli .a n i t y ou t n r s r s s u ie w s ro ao not just appear out of nowhere in the last two years. Our ancestors were precisely those hardy souls who traveled, in small groups, across the ocean to brave a new life in Tia.rn ayt a’Tiaee oiyie cm oe o i m gat looks a nI i l, dy a ns sc t t l o psd fm i n , w o cl o s w e ,s f r s upon new migrants and immigrants with fear and casts them into exclusion. The media regularly depicts spouses from mainland China and other nations and their families in stereotyped images that alternately cast immigrants and migrants either in terms of greedy, unscrupulous parasites or in terms of dysfunctional families r pni eo sc l net h am n t t n c d m aue s p asm t t e os lfroi ur . e d i sao’ r e esr i l s eh s b a sT ir i s u sm y u a foreign and mainland Chinese spouses are criminals. In spite of the numerous flaws in the methods used to compile statistics on acculturation, the thoroughly unpersuasive results as derived from such controversial studies are often cited by local governments dl e ty oi tc a t i ahtf s m rae”u r pn I m gat ebr e hp go r t h d t “ l a i s rn a at m i n i al n e e e e a a e rg m . r interviews that invade privacy and infringe upon human rights have even been turned, quite unbelievably, into signs of achievement in political commercials promoting the gvrm n sr k eodA a st i ao a ao bsd nh cnet f u a oe et t c r r. gi th d l f nt n ae o t ocp o hm n n ’ a c n e e i e rights, Taiwan has let the actual situation on the ground deteriorate to the point that government policies and media reports definitively serve only to sow hate and reinforce public misconceptions. In order to promote the rights that immigrants and migrants should enjoy, non-governmental organizations concerned with the rights of immigrants, migrants, and foreign labor have joined with lawyers and scholars bearing a long term interest in this issue to form The Alliance for Human Rights Legislation for Immigrants and Migrants (AHRLIM). The following petition presents our position and demands. We invite individuals and groups to sign this petition and join us in providing suggestions for government immigration policy and related legal codes. Our goal is to promote public dialogue and understanding of this issue, to eliminate discrimination, and to enable immigrants and migrants to enjoy the same rights accorded to other members of Taiwanese society.

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移民/移住人權修法聯盟

30 /

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75%

..................................................................... http://220.130.161.21/migrants/

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Asia Pacific Mission for Migrants (APMM)
APMM is a cause-oriented regional centre committed to support the migrants' movement through advocacy, organizing, and building linkages for the advancement of migrants' rights. The name APMM was realized in March 2002 and originally came from the Asia Pacific Mission for Migrant Filipinos or APMMF, which was established in 1984. APMM is working with different nationalities of migrants particularly in Hong Kong and South Korea. Mission & Vision We are now working towards helping build a movement of migrants of different nationalities in the Asia Pacific and Middle East (APME). We envision this as organized into a strong migrant movement, actively defending their rights, advancing solidarity with people's movements in the countries where they are working and linking up with their peoples movements in their home countries. Movement building is both a goal and a strategy to achieve APMM objectives for the strengthening of overseas migrants' capabilities. Migrant movement building underlines APMM's fivefold program strategies which are: Advocacy and Campaigns for the defense and protection of migrant workers rights; Migrant Organizing and Linkaging to strengthen the solidarity movement of migrants; Women's program to orient and organize women migrants; Mission and Network building for the enhancement of migrant workers upliftment and well-being; Education and Research for advocacy, information sharing/networking and resource development. .................................................................... Asia Pacific Mission for Migrants (APMM) c/o Kowloon Union Church No.4 Jordan Road, Kowloon, Hong Kong SAR E-mail apmm@hknet.com Tel (852) 2723-7536 Fax (852) 2735-4559 http://www.apmigrants.org

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ActionAid International Vietnam (AAV)
Founded in 1972, ActionAid International presently operates in more than 30 countries and territories in Asia, Africa and Latin America.ActionAid Vietnam (1992) has a mission to eradicate poverty and its causes for the poor and marginalized people by ensuring their rights and entitlements to a life of dignity and justice. 6 main areas of focus: food security, education, health (HIV/AIDS), governance, social corporate responsibility,gender equity and rights for women. Main project activities in 2005 In collaboration with the communities, government and NGOs in the concerned countries, carry out participatory action research on the situation of trafficked Vietnamese women and children in (i) China (ii) Cambodia and (iii) Taiwan. In collaboration with the communities and local organisations, carry out prc a r at n eer o ‘i rk gop o w m n n ci r i Vn l g a ipt y co r a h n h h i ’rus f o e ad h de n i o ti o i s c g s l n h n and Tay Ninh, to establish an active prevention plan. Organizing international workshops to share research results and key issues, to build the coordinating network of the concerned parties in the protection of the rights of trafficked Vietnamese women and children.

..................................................................... ActionAid International Vietnam 5th Floor, HEAC Building 14-16 Hamlong st. Hanoi Vietnam E-mail OanhP@actionaidvietnam.org Tel 84 4 9439866 ext 140 Fax 84 4 9439872 Mobile 0912170942

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ACTION NETWORK FOR MIGRANTS (Thailand)
The Action Network for Migrants has a growing membership of NGOs and CBOs working with migrant workers and their families from Burma, Cambodia and Laos in T aad T e e ok v i it th c s r fon i ,onc d y odr hin. h nt r’ io sh t s l t o cute cnet b bre , l w s sn a i ue rs e s tied by history, enriched by both the diversity and the inter-linkages of culture and language, will be a model of safe migration and fair work in the future. The network seeks to advocate for the rights of migrants as workers and their right to access health and education services. Members of the network work in counselling, domestic work, outreach, sex work, factory work, as health carers and legal advisors, sit on the Committee for the Protection of the Rights of Migrants in the Ministry of Labour and on the sub committee on Migrant and Stateless people in the National Human Rights Commission. Network representatives are also members of regional networks such as the APNSW, CARAM – Asia and Mekong Migration Network. ACCESS FOR ALL To increase migrants access to information and effective health services, the Action Network for Migrants calls for the Royal Thai Government to:  grant temporary legal status to migrant health volunteers  protect all migrant workers, including sex workers under the labour laws  include migrant worker leaders (women and men) in policy decisions affecting their lives  ensure the safety of migrants in detention and deportation, including protection of women from sexual violence To show commitment to the theme of the XV International Aids Conference, we call on Thailand and all the countries participating in the Conference  To provide access to health education and care for all migrants and their families, regardless of legal status  to ratify The UN Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families (1990). ..................................................................... E-mail action_migrant @yahoo.com

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GABRIELA
GABRIELA Network (GABNet) is a Philippine-US women's solidarity organization, which addresses issues affecting women and children of the Philippines, but which have their root causes in decisions made in the United States. GABNet is an all-volunteer organization of women with chapters in Chicago, Irvine, Los Angeles, New York/New Jersey, Seattle, San Francisco Bay Area, and Washington, DC. GABRIELA is an acronym standing for General Assembly Binding women for Reform, Integrity, Equality, Leadership, and Action. It also commemorates Gabriela Silang, known as one of the first and fiercest women generals in the Philippines who led the longest series of successful revolts against 18th Century Spanish colonizers. The organization was formed in 1989 by a group of concerned women who met in Chicago. At that time, the people of the Philippines were protesting the continued presence of US military bases in Clark (Air Force) and Subic Bay (Navy). GABNet decided to work in solidarity with GABRIELA Philippines--that cut ’o etn on y l sad rs d largest national multi-sc r ai c o m rt n 0 w m n ogn aosw i et a la e f oeh 20 o e’ rai t n, h h o l ln a s zi c were at the forefront of the US bases issues--in order to galvanize a US forum for their concerns. Since our inception we have focused our efforts on organizing, educating, networking, ad doan a ud h t fci o Fl i shog t “ a odr r e n avct g r n t r f k g f ip a t uh h m i rebi ” i o e ai n in r e l d industry (now known as international matchmaking services), prostitution generated by militarization and tourism, and forced labor migration . GABNet operates a national speakers' bureau, which offers lecturers and discussants who lead in-depth discussions and multi-media presentations on these issues, and also publishes the bimonthly newsletter, kaWomenan. .................................................................... Postal Address P.O. Box 4386,Manila 2800,Philippines Office Office Address 35 Scout Delgado,Roxas District,1103 Quezon City Email gabwomen@yahoo.com Philippines Telephones (632) 371 2302 (632) 374 3451 (632) 374 3452 Fax (632) 374 4423 http://www.gabnet.org/index.html
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

International Migrant Resource Center (IMRC)
IMRC is an education and resource center that is pro-people, pro-migrant, progressive and anti-imperialist. It is a movement-oriented institution in the sense that it links with m gat m vm n ad hisug sI rlit poi aa tapprad i n ’ oe et n t rt gl .t o so rv e nl i l ae n r s s e r e s e d yc s inputs, and serve the informational and educational needs of the sectoral movement in t P ipi s n t go i por s e i at m vm n g bl. h h i n adh rwn rge i m g n s oe etl ay e lp e e g sv r ’ o l Objectives 1.To provide informational and educational materials, analytical papers, primers, facts and figures, etc. that would equip the migrant workers (land-based, sea-based) and their families of their rights and welfare and current migrant issues and concerns. 2.To provide pre-departure orientation seminars (PDOS) to would-be migrant workers and maximize the PDOS in imparting basic knowledge of the migrants rights and welfare, how to effectively assert and uphold it; and promote their well-being; 3.To carry out researches and other documentation projects that would deepen the knowledge on the conditions of the migrant workers and their families; To establish linkages with other migrant-friendly institutions as well as overseas Filipino organizations both here and abroad.

Programs: Education
The IMRC will issue timely, informative, and educational materials and analytical papers, trends, primers, facts and figures, on issues of the day besetting the Filipino migrant workers. It shall also develop modules, sponsor seminars, and alternative education that would serve and empower the migrant workers and their families.

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

It will gather analytical materials and other informative resources from other countries to enhance its data base of resources. To obtain resource materials of genuine migrant groups around the world that would serve as venues for solidarity linkages with them.

Alternative PDOS
Maximize the pre-departure orientation seminar or PDOS to equip the migrant workers of their rights and welfare. Prepare them with the necessary organizing skills upholding t ir h ad e a t t olgi t m o t d’ad o’sn hihs h ri t n w l r h w u u eh nh o n dnt it r ot e gs fe a d d e e s ’ e countries pertaining to customs, labor standards, community life, and availing of services from state instruments and institutions.

Research
Come out with research papers that would influence policy making and public opinion. Maximize the internet for research on state laws, policies and instruments, analytical researches on the issues concerning migrants as well as country profiles, labor standards that would be useful for migrant organizations. Conduct surveys on migrant issues and present to the public the analysis of it.

Information and Publication
Coming out with timely analysis and publications pertaining to issues affecting the migrant workers and their families. Dissemination of publications like newsletters, posters, and primers on a massive scale that would unite the mass of migrant workers and their families. Maximization of the internet for publication of a webzine and news bulletin of policy papers.

..................................................................... International Migrant Resource Center (IMRC) UCCP, EDSA, Quezon City E-mail imrc_pdos04@yahoo.com

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

WEHOME
In 1969 the international catholic organization "AFI" (Association Fraternelle International) was founded with the assistance of the German and Austrian churches. This community was built to establish workers centers in the whole world. In 2003 Open Safe House "WEHOME" for female foreigners. WeHome provide migrant women with legal and medical consultaion, safe shelter and assistance for your return home. We also do activity for advocacy their rights in Korea.We are concering expecially victim of trafficking in Human, domestic violence and sexual assault.

..................................................................... WeHome-The migrant women's home 676-136 An yang 4dong Kyonggi Korea Email aragina@hanmail.net Tel 81 31 466 2876 Fax 81 446 2876 http://www.kafi.or.kr http://www.e-ju.net
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

Yayasan Lembaga Bantuan Hokum Indonesia (YLBHI)
VISION AND MISSION T gt r i a t nt nsoi cm oet Y B I a t sog o m t et oe ewt l h ao’sc lo pnn , L H hsh t n cm i n h h le i a s er m to make the utmost effort in order to achieve the following in the future: 1. A system of law-conscious community which is established upon a just, humane and democratic socio-legal system ; 2. Legal and administration systems that are capable of providing both procedures and institutions through which every one could benefit from the law (A fair and transparent institutionalized legal-administrative system); 3. An economical, political and cultural system that opens access for any group or individual to involve in the making of decisions that affect their interests; and ensures that the whole system respects and upholds human rights (An open political-economic system with a culture that fully respects human rights). Ideally, democracy opens the widest possible opportunity for the public to be the subject instead of object of the political struggle of interest. People should be able to represent themselves, rather than having been represented by political interests that overlook their aspiration. The ideal democracy is attempted from the ground, grows along with public awareness of their economic, social and cultural right. A radical democracy, in YLBHI point of v wi“. t n t df d ae o t i e s o i s . o ol o e n css fh n r t f e . n y e e te s public at large, but also break through the structure that causes the incessant udree p et oe yopes n n aadn et ” ne vl m n pvr ,pr i ad bnom n .. d o , t so . .

..................................................................... http://www.ylbhi.or.id

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附件
Appendices

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1

何謂移民人權?
13 , ,

1.75 3% 1970

如此衆多的人員流動和隨之帶來的多元性本應令人慶賀

效解決移民所産生的一系列複雜問題

1951

國際社會爲保 1951 1967 1990 2000

1951

1967 1951 1

1951 1 日之前成爲難民的人 擴大為這一日期以後成爲難民的人

2000 , 2000

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1990 2003

準備移徙 37

調整問題

敵視和暴力行爲 正常移徙者廣泛定性爲“ 2 ”

(2001 ) 168 確保公衆得到有關移民和移徙問題的準確資訊

25

31

151

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

社會和文化障礙

27 28

1997

12

12

52/111

2001

以消除種族主義的切實步驟爲重點 大多數人都認爲 1999 “ ”

3 21 …

· “ ”

96 8 14

“ ” “ ” 30 60
152

·

·

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

· 暴力和其他侵犯權利的行爲之害 ” “

“ ”

2001

1 仇外心理和有關不容忍行爲世界會議秘書長瑪麗· “ ”

“ ” “ ”“ ” 2000 10 爲籌備即將舉行的反對種族主義 理和有關不容忍行爲世界會議而在曼谷召開的一次研討會上 移民被視爲與衆大不相同 另一方面卻被認爲損害到當地文化的完整性 “ ”

/

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2000

12

18 日作爲“

1997

770

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2

聯合國世界人權宣言

鑒於對人權的無視和侮蔑已發展爲野蠻暴行 已被宣布爲 鑒於爲使人類不致迫不得已鋌而走險對暴政和壓迫進行反叛

作爲所有人民和所有國家努力實現的共

,

財産

任何人不得使爲奴隸或奴役

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

何歧視行爲以及煽動這種歧視的任何行爲之害

這種侵害行爲作有效的補救

有權被視爲無罪 任何人的任何行爲或不行爲 不得被判爲犯有刑事罪

在真正由於非政治性的罪行或違背聯合國的宗旨和原則的行爲而被起訴的情況

人人得有單獨的財産所有權以及同他人合有的所有權 任何人的財産不得任意剝奪
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

作爲社會的一員

人人有爲維護其利益而組織和參加工會的權利

人人有權享受爲維持他本人和家屬的健康和福利所需的生活水准

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

並分享科學進步及其産生的福利 文學或美術作品産生的精神的和物質

因爲只有在社會中他的個性才可能得到自由和充分的發展

不得解釋爲默許任何國家 壞本宣言所載的任何權利和自由的活動或行爲

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3

移民/移住人權修法聯盟之「入出國及移民法」修法總說明
【提案總說明】

131,590

26.24 60,050 25,201

112,499 11.98

22.44

92,157 18.38 30,813

13

1990 OO

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

【立法重點】

9

14

20

31

17

204 216 21 29

21

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29

20

31

14 31 65

33

35-56
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57-67

80

109

81-85

64

移民/移住人權修法聯盟發起團體:

Asia Pacific Mission for Migrants APMM …. .
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學者、律師顧問群: 新大學社會發展研究所夏曉鹃副教授

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4

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1995

07

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2000

05

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2000

10

20

2000

10

23

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2001

07

14

2001

08

28

2002

04

22 20 10 183 ( )

2002

5

21 51 6

48

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13

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03 4 5

20 11 2004 6 198

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198

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30

21 2003 10 08

2003

10

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2003

10

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10 10 12 12 12

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2003/10/17-2003/11/7

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12

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05 500
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2 31680 500 24 ( 38 )

2004 2004 2004 2004 2004 2004 2004 2004 2004 2004

03 04 04 04 04 05 05 06 06 06

29 16 18 19 23 17 18

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錫堃於高雄視察外籍配偶生活狀況時 2004 08 2005 3

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2004 2004 2004

10 10 11

20 27 02

? 12 1

2004

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2005

3

21

28.4 2005 03 23 98 1 3

40907 1.63%

5504

2005

04

18

170

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

1989 1990 1991 1991 1992 1992 1992 1992

10

3000

02 11 07 08 08 09 11 27 17 20 26 (Employment Service Act) (Regulation on Employment and Management of Foreign Workers)

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2001 2001

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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女性外勞來台之前需要做姙振檢查

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2003

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2003

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178

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

2004 2004 2004 2004 2004 2004

05 05 05 06 06 06

02 19 17 13 16 22

* *

37%

: ICFTU: Giving A Voice to Undocumented Migrants *

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PAHSA Promoting Alliance for

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180

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

30 40 2004 2004 2004 2004 2004 2005 2005 2005 2005 2005 2005 12 12 12 12 12 01 01 01 03 03 03 19 21 23 27 28 10 13 20 07 09 13 Migrante Sectoral Party, Taiwan Chapter KaSaPi Migrante 12 20

2005

03

27

TIWA Sectoral Party, Taiwan Chapter 1410

2005 2005 2005

04 04 04

08 09 10

/ /

2/3

2005

04

15

2005

05

01

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

6 Issues Keynote speech Countries Taiwan Moderators/Speakers Lucie Chen, Professor, Department of Journalism, Shih-Hsin University Aurelio Estrada Asia pacific Mission for Migrants Speaker Pham Kieu Oanh Action Aid International Vietnam Speaker Chang, Shu-Ming Master of

Hong Kong Vietnam Workshop 1: Taiwan 跨國勞工與婚姻移民仲介問題 The Problems of the Brokers on Migrants and Marital Immigrants in Taiwan

Graduate Institute of Southeast Asian Studies, Tamkang University Speaker Lan, Pei-Chia Assistant Professor, Department of Sociology, National Taiwan University Moderator Hairiah Director of Yayasan Lembaga Bantuan Hukum Perempuan Indonesia Untuk keadilan Speaker Emerenciana de Jesus Secretary General of Gabriela Speaker Kim Min Jeong We home, Korea Speaker Tsai, Shun-Jou Manager of

Taiwan

Indonesia Workshop 2: 女性跨國勞工與移民知暴力預 防 Action to Prevent Violence against Female migrants and Immigrants

Philippine Korea

Taiwan

The Resources Center of Foreign and Mainland China Spouses of Pingtung County speaker Pan, Shu-Man Associate Professor,

Taiwan

Department of Adult & Continuing Education National Taiwan Normal University Speaker

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

夏曉鹃 Hsia, Hsiao-Chuan Associate

Taiwan

Professor, Graduate Institute for Social Transformation Studies; AranAsia Sisters Association, Taiwan Speaker Sr. Stephana, Wei Wei Director of Rerum Novarum Center Moderator Sutthida Malikaew Adviser of Action Network of Migrant Labor Thailand Speaker Lualhati S. Roque Executive director of International Migrant Resource Center TIWA Ku,Yu-Ling Secretary General Taiwan International Association Speaker Liao, Yuan-Hao Workers'

Taiwan

Thailand

Philippine Workshop 3: 各國跨國勞工/移民政策法令 現況,國際人權保護機制 International & National Instruments on Female Migrants and Immigrants Institutions and Laws Taiwan

Taiwan

Assistant Professor,

Department of Law, National Chengchi University Speaker Huang, Chang-Ling Chairperson of Awakening Foundation Associate Professor, Department of Politics, National Taiwan University Moderator Irene Fernandez

Taiwan

綜合討論 Resource person

Malaysia

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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

國外參與人

Ramon Bultron Anna Bultron Nguyen Hong Nang Nguyen Thi Kim Anh Nguyen Thi Bich Nguyen Van Quoc Le Thi Thuy Hoang Thi To Linh

Asia Pacific Mission for Migrants Asia Pacific Mission for Migrants Action Aid International Vietnam O f Q ee’A t xa ubc n -human m s i trafficking program Save the Children UK Save the Children UK Ve a Wo e’U i inm m n n n t s o International Organization for Migration linhhoang@iom.int.vn a_bultron@yahoo.com

報名學員

1 2 3 4 5 6 7 8 9 10 11 12

Lersa Tammy

Aguman kampangan Taipei Taiwan Chapter

lisali@benq.com Tammy.tran@ocgv.com Tabi2001@so-net.net.tw C921@m2.ccjh.tpc.edu.tw wen.shiou@msa.hinet.net Jinlingwang199@hotmail.com err588@yahoo.com.tw Goh310@goh.org.tw
cana@ms10.hinet.net

Chia_peiw@hotmail.com zhenzilaile@yahoo.com.tw Gung0123@ms17.hinet.net
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International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
186

nini12150306@yahoo.com.tw noheartlo@hotmail.com

edescnlee@yahoo.com.tw wawaken@ms63.hinet.net

tuhoazung@yahoo.com Fu.yin@ms28.url.com.tw IACT hsiuli@iaction.org urswatched@yahoo.com Cares03@cvtc.org.tw spring-po@yahoo.com.tw lilyqueen@ms1.e-land.gov.tw dorjuha@yahoo.com Riverrain308@yahoo.com.tw Chu999@ms12.hinet.net chi.yingju@msa.hinet.net hsia000@yahoo.com.tw S914340@mail.yzu.edu.tw Tutu601@ms5.url.com.tw r91544032@ntu.edu.tw cjkuo@mail.thu.edu.tw

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Fr. Joy Mary knoll
187

wrp@ntu.edu.tw

shishichen@hotmail.com Arace6683@pchome.com.tw lilant@dpp.org.tw Clair67727@yahoo.com.tw ginabie@mail2000.com.tw Nina-lazycat@yahoo.com.tw Liada9452ms1.e-land.gov.tw msych@ms27.hinet.net Fangwan.yang@msa.hinet.net
gushiau@seed.net.tw

T05017@cc.ntnu.edu.tw Cynthia_liao2001@yahoo.com.tw chaing@ms1.e=land.gov.tw miauint@mail2000.com.tw

wawaken@ms63.hinet.net sclai@mail.fgu.edu.tw Ruth6399@yahoo.com.tw adora0443@yahoo.com.tw sssun@ntu.edu.tw

International Workshop for Asian NGOs on Female Immigrants and Migrants, 2005, Taipei

59

Fr. Loloy

Center for Migrants Concerns Missionary Sisters of the Immigrate Conception Filipinos Married to Taiwanese Association FMTA Migrant Workers concern Desk-TPE

Loloy_napiere@yahoo.com

60

Sr. Ditha

micte@tpts4.seed.net.tw

61 62 63 64 65 66 67 68

Nene Ho Edna Chou Alice Sr. Tingting Pastor Paul Ko Michael Holaday Patrick Muller Gwen Ha

Taipei International Church

paoltic@ispeed.com.tw michaelholaday@gmail.com Pmuller11@hotmail.com

Radio Free Asia

nguyent@rfa.org

188