September 21, 2001

Foreign workers are human beings, not machines.

Let us respect and protect them.

The Council of Labor Affairs (CLA), in spite of the opposition of several NGO's, local unions and at least three of the labor sending countries, is set to unilaterally implement the controversial suggestion made by the EDAC, to request migrant workers to pay for their own food and accommodation. The initial deduction of 2,500NT$ will gradually increase until it reaches the amount of 5,000NT$ (31.7% of the minimum wage). According to newspaper reports the CLA has stated that this new regulation will come into effect as of September 1, 2001. However, no clear guidelines have been issued as to who will be effected, how the deduction will be made, and at what stage employers can begin deducting the maximum amount of 5,000NT$.

As Taiwan is in the process of entering the WTO, it is paramount that a more democratic process of consultation be established to evaluate suggestions and proposals coming from the different sectors involved. A unilateral government decision on a labor issue is a reminder of an abusive past, and will certainly tarnish the image of this government that is presenting itself as a champion of human rights.

While the government is very vocal in claiming that the protection of human rights is a founding value of this country, and a high priority of this administration, we denounce this imposition as an additional violation of labor rights of the almost 330,000 foreign workers in Taiwan.

The claim made by the CLA that in case the present labor sending countries will not accept this new regulation Taiwan might decide to import foreign workers from other Asian countries, expresses clearly the exploitative and capitalistic mentality of a government seeking cheap labor in the form of foreign workers. With this attitude it appears that the government is using its position of economic power only to exploit the poverty of other Asian countries and to impose whatever it wants without taking into consideration the rights of others.

The suggestion made by the EDAC is based on a false notion that the salary of migrant workers in Taiwan is much higher than that in other Asian countries. The comparative table not only proves that the wages received in other countries are better than in Taiwan but that workers are enjoying more benefits under the protection of the law. If Taiwan is aspiring to acquire a leadership position in the region it should first try to match other Asian countries, or at best treat foreign workers better.

The fact that Taiwan is not yet one of the signatories of the two main International Labor Organization (ILO) conventions on migration {Migration for Employment Convention (Revised), 1949, (no. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975, (no. 143)} and of the United Nations Convention on the protection of the rights of all migrant workers and members of their families is not an excuse for not implementing these conventions. In applying these provisions in the defense of migrant workers Taiwan might gain more respect and support from other Asian countries in its bid to regain a place and status in the international community.

According to the government one reason for introducing this new regulation was in response to complaints of employers who say migrant workers are given preferential treatment. In reality the government is giving preferential treatment to the employers allowing them save up to 1.2 billion dollars in a year.

The losers are the local workers. They cannot compete with the very low wage of the migrant workers. Aboriginal workers, in particular, will have increased difficulties in finding jobs. Unemployment will continue to rise with many more Taiwanese experiencing hardships. The benefits are only for a few employers.

While we praise the CLA, and especially the Chairwoman Chen Chu, for defending the minimum wage, we would like to remind her that not all workers in Taiwan are covered by the Labor Standards Law, and that Taiwan is only developed country in Asia (and maybe in the world) that allows payment of wages in kind (food and accommodation) and permits employers to keep part of the monthly salary of foreign workers as “forced saving”.

These points show that the principle of equal treatment between foreign and local workers fails completely. Migrant workers are clearly discriminated against. They are vulnerable to losing large amounts of hard earned money. They cannot even decide how to use their salary because it is controlled by their employer.

Brokers or employers run many of the dormitories in a “concentration camp style” complete with guards and curfew hours. Fines are imposed for futile reasons and charges for extra water and electricity are collected from migrant workers, increasing the already huge profit of brokers and employers. The food provided most of the time is not taking into consideration the cultural and religious habits of the foreign workers. However, since migrant workers will be asked to pay for their own food and accommodation, it is fair to request the CLA to give them the freedom of choice as to where they will live and what they will eat.

As acknowledged by everyone (Local and Foreign Governments, CLA and NGO's) the most serious problem facing migrant workers is the excessive brokers fees. Very little, or better still, nothing has been done by the concerned authorities to stop brokers and agencies collecting outrageous fees under any pretext without really any service to the migrant workers. The CLA and its regional offices (Bureau Labor Affairs - BLA) seem to be powerless in acting against errant brokers even when evidences of high placement fees are presented. Brokers and agencies know this and feel secure, untouchable and are becoming more bolder in asking increase payment from migrant workers.

Once again we request the CLA to cooperate with the labor sending countries, taking concrete steps to curb the collection of high placement fees and illegal deductions by the brokers and agencies. We ask for more severe penalties for employers who either violate the provisions stipulated in both the Labor Standards Law and the migrant workers' contract, or take unfair advantage of the migrant workers in any form.

CATHOLIC MIGRANT ADVOCATES, TAIWAN

HOPE WORKERS' CENTER

RERUM NOVARUM CENTER

ST. CHRISTOPHER'S CHURCH

HSIN CHU MIGRANTS' CONCERNS DESK

MIGRANT WORKERS' CONCERN DESK

STELLA MARIS INTERNATIONAL SERVICE CENTER

MISSIONARY SOCIETY OF ST. COLUMBAN JPIC OFFICE

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