by Xin Yage

Migrant workers face a tough situation on the island. Their rights are denied, their contracts are not respected, and some of them have been tortured by their employers. After years of legal and cultural struggles, things are getting better. The Church and its affiliated groups help workers become better integrated in their milieus. Mhike So's story illustrates this fight for justice for those who have none.

Taipei (AsiaNews) - Mhike So has been in Taiwan for years. Born in the Philippines, he got married on the island where he has worked with immigrants from the Philippines, Indonesia, Thailand, and Vietnam. He is currently involved with a Catholic charity devoted to social justice after a long stint with the International Red Cross, helping immigrant workers exercise their rights and achieve justice before the courts. We talked to him what is so special about the legal situation in Taiwan regarding immigrant workers.

"The basic contract is for one year, which can be extended for up to three years. After years of struggle by NGOs, a contract can now be extended up to nine years, in some cases, up to 12. However, the problem is that if your employer does not like you, he can fire you when he wants. Another problem is unpaid wages."

In view of this situation, "We set up two centres, Rerum Novarum and the Hope Worker Centre, to protect the rights of immigrants. The latter can come to us and fill out formal complains that they can present to the courts."

"When we file a complaint," he explained, "we go before the court. Unfortunately, very few [immigrants] are brave enough to come to us. In most cases, complaining can mean being sent back home; for this reason, few dare to do it."

"Once in court, the judge has to rule based on the merit of the case. Many workers do not speak Chinese, and our NGOs offer lawyers and translators, as well as a place to live during the trial period. Now, the government provides funding to certain organisations for such cases, but initially, we had to rely on donations, from the Catholic Church in our case."

Some associations cater to specific groups, like abused sailors. "One is Stella Maris in Kaohsiung and Taichung, which are respectively run by Fr Popong and Fr Loloy, both Filipinos. At the Hope worker Centre, we have a Filipino director, a Thai and a Taiwanese social worker, and two Filipino assistants."

When it comes to legal representation, "We rely on local lawyers, who often work pro bono, and foreign lawyers; for example, those provided by the Office of Manila Economic and Cultural Office." Yet, "The hardest work," he noted, "is to get victims to report those who abuse them."

"It is first important to understand the labour market in which foreign workers operate. It is under the control of brokers. This is legal but employers can pay them under the counter to hide abuses and get discounts. Brokers have connections to the specialised agencies that handle the red tape. Unfortunately, many workers have to pay under the counter too to come to Taiwan."

"Whilst our goal is the get people to come forth with their stories of abuse, we understand that not everyone wants to do so because immigrants who formally complain can lose their job and with it their papers as well as the money they paid for the trip."

An example of abuse is that of a Filipino worker who last year was forced to pay 30,000 pesos to a broker in addition to 50,000 required to get his contract renewed; otherwise, the latter could have prevented him from going back to his old job.

"Under Taiwanese law, people can be hired directly in case of contract renewal; however, there is so much red tape that employers prefer to go through brokers, who often take advantage of the situation to up the price as they wish."

Based on his experience, "It is easier for abuses to occur in domestic settings," said Mhike. "We even had a case in which an Indonesian woman was tortured by her employer. The case was so blatant that the employer was sentenced to two years in prison."

Still, it is not all black. "Not all immigrants work in difficult conditions. Many Filipino teach English in various schools and at various levels, and their rights are respected. Other foreigners have earned the respect and confidence of their employers and so have risen through the ranks as workers or engineers."

In cooperation with the Kuangchi Programme Service (光啟 社), Mhike next month will launch an 18-part, semester-long programme for Taiwanese students at National Chengqi University (國立 政治 大學) on NCCU 88.7 FM. His production team will include eight students. The aim of such a programme is to raise awareness among young Taiwanese about immigrants and their rights.

According to the latest data, the largest immigrant communities in Taiwan are from Indonesia (231,489), Vietnam (152,543), the Philippines (11,.505), and Thailand (59,869).

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