19 October 2007

Reference: Ms. Esther Bangcawayan
                 Coordinator, Mobile Phone No. 852-9711-1673 / 852-2723-7536
                Asia Pacific Mission for Migrants (APMM)

NIA must learn to be true to its word!
Investigate torture and overdue detention of undocumented migrants in Taiwan

The Asia Pacific Mission for Migrants disagree with Taiwan's National Immigration Agency's (NIA) assertion that the recent maltreatment of two female migrant workers in Taichung by one of its officers is an isolated one. In fact the NIA admitted that a scandal of the incident only occurred when the two victims filed a complaint about the incident. We ask what happens to maltreatment cases when no complaints are raised. Are they just hidden under the rug, so to speak?

The names and nationalities of the victims including description of the details of the case were not even mentioned by NIA officials. Neither was there mention if the victims were provided competent lawyers. We hope there would be no whitewash of the incident.

We would also like NIA to investigate the alleged beating up of three undocumented Filipinas in June 23, 2007 in Sanchung, Taipei County for refusing to point out where they lived. They were then detained in Xi Men Ting and the next day brought to Ilan detention center. Supposedly they were sent back home on June 25 and stayed overnight on the 24th at NIA's basement. They were ae allowed to be repatriated immediately when allegedly they were made to sign waivers that they would not pursue any case against their perpetrators in exchange for free airfare back home and non-payment of penalty fees.

Only one of the alleged victims was identified as Elaine Mendoza. And the rest of those she was with when the arrests occurred include Vilma Yoro, Marilou Guiriba, Sally Alcansarin Pajel, Rosie Linga, Rosecell Lizardo, Gererado Guevarra. When we requested the Taiwan Association for Human Rights (TAHR) to inquire about them, NIA denied they were under their custody and requested TAHR instead to provide them with the Filipinas passport numbers.

Other than maltreatmet cases we would like to ask why a number of migrant workers spent a lot of time in detention even if they already paid for their airfare and penalty. They also had their passports with them. These include Guillermo, Dioneline Baldoviso who was arrested at the end of August but was detained for almost a month. This is also the case of Rosanna Dimaya who was caught on May 29 but spent more than one month in prison.

Initially, the NIA informed us that state prosecutors might still need Rosanna for follow up operations or as a witness. We want to know more from NIA the exact reasons why the two were kept in prison for a long time. We are also concerned why Regina Paez who was detained with her five-month old baby after she was caught  in July 25.

All of these though would have not occurred if the Taiwan government would resolve once and for all why foreign workers run away from their employers. No other than the NIA Director admitted in one of the recent dialogue in his office that maltreatment, non-payment of wages and other contract violations are major reasons why migrant workers are forced to runaway from their employers and overstay their visas.

On the other hand, the inutility and lack of concerns of the governments of sending countries like the Philippines to address the rampant contract violations, illegal salary deduction and overcharging of fees both by the employers and brokers add to the miserable working and living conditions of migrants in Taiwan.

Furthermore, we demand that undocumented migrant workers in Taiwan and elsewhere should not be treated as criminals and must uphold their rights as stated in all international instruments like the United Nations Convention on the Rights of Migrants and Their Families and ILO resolutions.