Letter to the American Congress

date Thu, Jul 7, 2011 at 10:39 AM
subject Human rights abuses in Taiwan

The Honorable Ileana Ros-Lehtinen, Staff Members
The Honorable Phil Gingrey, Congressional Taiwan Caucus
cc: The Taiwan Ministry of Education
Scholars at Risk

7 July 2011

Dear Honorable Members of Congress,

I wish to report to the American Congress that the rights of American citizens are in jeopardy in Taiwan. Despite its claim to being a "democracy" and even, in the words of members of the American Congress, a "strong democracy," in fact democratic process is not practiced in Taiwan when the rights of an American citizen are involved.

In 1999 I was illegally dismissed from National Cheng Kung University in Tainan, Taiwan. Despite winning an appeal at Taiwan's Ministry of Education in January 2001, the university defied that ruling until May 2003 and even claimed, after losing the appeal, that Americans had no right to appeal, since we are only "foreigners" in Taiwan.

These are the same Taiwanese who expect Americans and our representatives in the US Congress to stand up for Taiwan's "democracy" and even risk war doing so. But the Taiwan government will not enforce those same principles on behalf of an American citizen. Presumably the "face" of a Taiwan official is worth more than the rights of an American citizen.

This is not merely an administrative issue. Despite numerous petitions to them, NCKU's faculty have been completely silent during this ordeal. These are the same professors who matriculate at American universities and enjoy rights and privileges guaranteed to all under the American Constitution. These are the same professors who present at international conferences boasting of Taiwan's democratic principles, principles not enforced on behalf of American citizens. Is this blatant and shameless racism?

Since my illegal dismissal in 1999, Taiwan's government has done nothing to protect my rights apart from canceling my dismissal. It allowed the university to delay reinstatement for nearly two and a half years. It has not punished a single official. Taiwan's courts punished no one. The courts did not even award compensation or damages, despite the four-year interruption to my academic career and loss to my reputation.

Taiwan's Control Yuan and other government agencies have ignored my many petitions. Taiwan's Ministry of Education seems to be taking the side of the university that, since I was reinstated, the case is closed. I suppose, in Taiwan, if a rapist gives an American woman her clothes back the case is closed.

The lack of deterrent rulings has emboldened NCKU officials to "explain" on the NCKU web page as recently as March and May of 2011, that an illegal dismissal never occurred; in fact, that I was "involved" in misconduct that justified dismissal. These posts were signed by NCKU's Secretary-General and president, apparently without fear of penalty by the Ministry of Education.

The so-called "free press" in Taiwan has published only a couple of small items about the case, taking no sides. The English-language press has ignored the case completely. When one conscientious reporter reared in Hong Kong recently showed interest in the case he was interdicted by the editor who informed me he was awaiting "further developments." It reminds me of a Bob Dylan refrain. How much injustice must occur in Taiwan before the English-language press here reports it?

One wonders how many similar cases have been censored by Taiwan's "free press," which is more concerned with berating Mainland China over human rights abuses than exposing human rights abuses in Taiwan. That's good public relations (presumably Taiwan's English-language press is read by members of the US Congress), but poor democracy. No wonder the US Congress has called Taiwan a "strong democracy."

Recently Yahoo News posted the following (http://news.yahoo.com/s/ap/20110625/ap_on_re_as/as_taiwan_china):

"Lawmaker Wu Yu-sheng of the ruling Nationalist Party proposed late Friday that the legislature open its floor to the visiting Chinese because 'out of all places in Taiwan, the legislature is where democracy is most thoroughly implemented.'"

This is well and good, but not if the Taiwan legislature is the only place where democracy is "thoroughly implemented." Laws that are legislated but not practiced are worse than no laws at all because that undermines confidence in the very principle of law.

In another quote it's reported that,

"They were surprised that our lawmakers could question and even shout at senior government officials," the report said.

But questioning and shouting at senior government officials is useless unless officials respond. I have been questioning and petitioning Taiwan's government officials for thirteen years, to no avail. As recently as this week a Chinese colleague and I made phone calls to the Ministry of Education and given the usual runaround. Like Hotspur's sarcastic boast in a Shakespeare play, I can call dead spirits from the vasty deep--but will they come?

In Taiwan anyone can report to the "free press." But will it be published? In Taiwan, anyone can freely petition government officials--but will they act? Such equivocal indulgence of democratic rights is an insidious way to destroy those rights without risk to one's status as a "democracy."

Despite Taiwan's "strong democracy," since I cannot obtain justice in Taiwan, I am appealing to members of the American Congress, specifically members of the Taiwan Caucus, to pressure Taiwan's government to enforce democratic principles on behalf of an American citizen, in the same way that the American justice system enforces justice on behalf of Taiwan's citizens who reside in the US.

At the same time, since the Formosa Foundation "dedicates itself to the advancement of human rights" (http://www.formosafoundation.org/), I hope that foundation can explain to the American Congress how human rights are being advanced in Taiwan by the Taiwan government's handling of my case, the facts of which are attached and posted on my blog at http://rdca45b.blogspot.com/. I am also circulating this email to "human rights" groups in Taiwan that thus far have ignored my petitions for assistance.

Sincerely,

Richard de Canio
Formerly, Associate Professor
National Cheng Kung University
Tainan, Taiwan
(06) 237 8626