亞洲女性移民與移工研討會會議手冊 Final

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

目錄 Contents
I.

Introduction …………….
………………….
…………………. 8
4

II.

………………….
………………….
……9 14
Program…………….

III. Papers

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

1


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
re
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 si 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 rs r s h,
by Lualhati S. Roque………………………………………117~131

IV.

Introduction of Participant Organizations……………132~148

V. Appendices

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


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

3


簡介
Introduction

4


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
my hg a vs 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

5


Objectives of the Workshop

1. To have a common understanding on the issues and problems faced by
foreign brides and female migrant workers in some countries in Asia
2. To develop regional and international awareness and support on the human
rights of foreign brides and female migrant workers
3. 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
4. To promote international solidarity among female migrants and immigrants
of different nationalities in the region.

6


緣起

13
,
,
1.75 3% 1970

76 1 93 12
121,804
215,818 337,622
93 8
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

7


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


活動流程
Program

9


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 Registration
09:30-09:40 Opening
09:40-10:00 Keynote speech
Dr. Lucie Cheng
Founding Chair, Graduate Institute for Social Transformation
10:10-12:00 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 Lunch
13:30-15:30 Workshop II
Action to Prevent Violence against Female migrants and
Immigrants

Moderator :
Sr. Stephana, Wei Wei
Director of Rerum Novarum Center

10


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 Coffee Break
15:45-17:45 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 Dinner

Day2 5/14
09:30-11:30 Plenary Discussions

11


Resources Person: Irene Fernandez
Executive Director of Tenagenita
11:30-12:00 Statements and Actions
12:10-12:30 Press Conference
12:30-13:30 Lunch
14:00-17:30 Visit Local Community and NGOs
18:30-21:30 Dinner & Asian Culture Night

Day3 5/15
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
ci w p s av n
09:30-12:00
12:00-14:00 Farewell Party

12


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

13


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

14


會議論文
Papers

15


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 hws vm 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 Malaysia Philippines Indonesia Singapore Vietnam Subtotal
and
Year Myanmar
1994 870 55 1,183 2,247 14 530 12,784
1995 1,301 86 1,757 2,409 52 1,969 16,754
1996 1,973 73 2,085 2,950 18 4,113 20,561
1997 2,211 96 2,128 2,464 50 9,060 24,960
1998 1,173 102 544 2,331 85 4,644 19,407
1999 1,184 106 603 3,643 12 6,790 25,384
2000 1,259 65 487 4,381 3 12,327 34,291
Total 9,971 583 8,787 20,425 234 39,433 154,141
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
ws t vm t el
Taiwan Business Organization Vietnam has about 2,000 members, most being small-
and 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.

16


Taiwanese Grooms
Taiwan Government

Organized Taiwanese Individual Taiwanese
Agencies (T1) 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
17
Figure 1:


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.

18


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 gc 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 .
gc s p ay ml 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.

19


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.

20


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
lc 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

21


Table 2 Cost breakdown of Arranged Marriage

Item Fee
US$ NT$
Moe peet t bi ’f i,aqe
ny r n d o r e a l bnut
se ds m y 2,500 80,000
Small hotel accommodation 750 24,000
Marriage Certificate 150 4,800
(Fee charged by Vietnamese government)
Passport 15 480
(fee charged by Vietnamese government)
Proof of birth and single status of Taiwanese client 24 768
(Fee charged by Foreign Affairs Department,
TPHCM)
Translation of documents into Chinese 60 1,920
Documents issued by Foreign Affairs Department, 4 128
TPHCM
Health inspection 52 1,664
Interview and Visa application 50 1,600
(Fee charged by TECO)
Subtotal 3,605 115,360
Return Airfare to Vietnam 900 30,000
Bi ’oe
r e n-way airfare to Taiwan
ds 300 10,000
Miscellaneous 1,000 32,000
TOTAL 5,805 187,360
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.

22


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 eh e t sn
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 saw
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 is
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
as te f e u d gt r oe
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”
st 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

23


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 sl yc 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 en 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 lc 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 ii 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 hgc ea
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 eg 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

24


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 ws 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.

A report on May 5, 2001 said that three Vietnamese girls had been imprisoned in a hut by a trafficking organization which
2
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).

25


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


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 ee ae
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 necessary-
arguably 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
ia 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 sn 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 . ae el 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).

27


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
cgy 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
rh en h c li ry te 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 in 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 eh 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 ae
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.

28


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 sv ,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 ve 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 se sii 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 ee 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 ,
ha 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 ”
on

29


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
iw s lp 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.

30


31


32


33


34


35


36


37


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 . sd 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
38


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 ae se 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 - NT 1,800/month
2nd year - 1,700/month
3rd year - 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 - NT 1,800/month
5th year - 1,700/month
6th year 1,500/month8
-

5
MEMORANDUM CIRCULAR NO. 05 Series of 2001. POEA
6
MEMORANDUM CIRCULAR NO. 19 Series of 2001, POEA
7
What Foreign Workers in Taiwan Need to Know, pp. 23-25, Bureau of Employment and Vocational Training, July 2004
8
MECO Labor Center, Taipei
39


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 PHP900
Documentation Costs
Visa/Work Permit PHP3,600
Medical Examination PHP3,395
Miscellaneous (Passport, NBI Clearance, PHP1,000
notaries, pictures, PDOS, etc.)
Airfare (USD150-200) PHP11,200
48,679++
TOTAL
(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
10
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 rs e
11
Present Situation of Blue Collar Foreign Workers in Taiwan, Gi Estrada, APMM, Undated, 2004
40


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 ct 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
dq ws l as ew
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 se
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
ie 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 1998 1999 2000 2001 2002 2003 2004
Deployed 87,360 84,186 51,145 38,311 46,371 45,186 45,059
workers
Actual number 114,25 113,928 98,161 72,779 69,426 81,355 91,150
of workers 5
Earnings from P265.6m P256m P155.4m P116.6m P141m P137.4m P137m
Government at US$6.8m US$6.3m US$3.1m US$2.2m US$2.6m US$2.5m US$2.4m
P3,040 each
migrant
Remittances in US$93.2m US$93m US$80.1m US$59.3m US$56.7m US$66.4m US$74.4m
US$ at based on based on based on based on based on based on
US$816 each 2000 2000 2000 2000 2000 2000
migrant calculation calculation calculation calculation 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
41


- 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
rm l an sa

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 se he 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
42


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 re e es o et y r a
le 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 ti . un’ u i l h h ee vr a d h
s rh e a cg 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
Rights and Obligations of Foreign Workers, http://www.evta.gov.tw/english/workers.files/ehome4.htm
20
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
43


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

23
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
44

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
ss e ee e os u ie
t e p yr hnchmen when workers complain.
h m l e ’e
e os

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 ht 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
45

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 af liP 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
46

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
ia er a e n ss bi mi is
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.

47


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 ,4
26 7 1 ,1
10 7
1 ,6
03 5 92 6
,6 1 ,0
00 6
1 ,0
00 0 80 4
,5 73 4
,0
57 5
,7
31 9
,0
30 2
,7
50 0
,0 20 7
,5
6 96 3
16
0
99999999992
0 1 2 3 4 5 6 7 8 9 01 2 3 4

48


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 lo
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 2002 2003 2004

Total
10,006 11,017 19,214 25,594
persons
Japan 976 959 1242 1224
China 7001 7,041 13,373 18,527
U.S.A. 265 267 323 344
Philippines 510 850 944 964
Vietnam 134 476 1,403 2,462
Thailand 185 330 346 326
Russia 157 241 297 318
Mongol 118 195 318 504
Others 660 658 968 925

49

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