Taiwan Attempts to Combat Discrimination

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TAIPEI, Taiwan – Despite Taiwan’s status as one of the world’s freest countries, the 2010 report by Freedom House, a Washington-based human rights watchdog, downgraded Taiwan’s score on civil liberties.

For example, Tu Sheng-hsiung, an owner of a hot pot restaurant in Taiwan, hung up a sign prohibiting Korean customers from eating at his restaurant.  This move was sparked by Tu’s anger and disapproval of a Korean athlete’s behavior at the recent East Asian Games held in Hong Kong where a Taiwanese taekwondo player was knocked unconscious due to South Korean player’s illegal action.

Although Tu argues that his move has gained wide support, Taiwanese lawmakers have been pushing for an anti-discrimination legislation which, if ratified, would make Tu’s act punishable.

Taiwan’s legislators are attempting to combat discrimination based on race, ethnicity, nationality, religion, mental or physical disabilities, and gender or sexual orientation.

Under this anti-discrimination bill drafted by the Chinese Nationalist Party, employers will be required to provide equal salary package for all employees and business owners will not be allowed to discriminate against customers.

The draft rules also forbid use of discriminatory words, such as “pigs” or “Taiwan dogs,” between Taiwanese and those from mainland China.

Although the bill’s intent is laudable, many have voiced concerns, especially because civic groups have been excluded in terms of enforcing the law if the bill is implemented.

Taiwan’s Labor Rights Association Director Wang Chuan-ping opined that enforcing this bill would be difficult.  She reasoned, “It would be hard to define what ‘discrimination’ is at work because employers can always come up with an excuse to avoid being charged after firing or refusing to hire someone based on ethnicity or sex.”

Wu Jia-zhen, director of a Taiwanese NGO, commented that several anti-discrimination clauses already exist in other laws, such as Taiwan’s Immigration Act and the Act for Gender Equality in Employment.

She pointed out that having the specific anti-discrimination clause in these laws have had little effect in combating inequality.  Wu blamed the attitudes of public servants for the ineffectiveness of anti-discriminatory laws adding that such laws can only be effective if people’s attitudes change.

Nevertheless, the drafters of the bill claim that the “new law will enhance…broader protection of equal rights.”

For more information, please see:

The China Post – Lawmakers push for law to combat discrimination – 4 January 2010

Taipei Times – Groups question discrimination bill – 23 January 2010

Taiwan News – Freedom House downgrades Taiwan’s civil liberties rating – 13 January 2010

Author: Impunity Watch Archive