Preparing for a New Immigrant Nation

Taiwan has a history of over a decade of importing large numbers of international laborers to sustain its competitiveness. During this time, Taiwan has had at least 300,000 international laborers each year, mostly engaged in the "3K" industries—dirty, dangerous, and demanding work—while a significant labor force is also deployed in domestic help and elderly or sick care. Furthermore, following the implementation of the new "Regulations for Permission of Mainland China Residents for Family-Visitation Residence, Long-Term Residence, or Permanent Settlement in the Taiwan Area" in 2004, the number of Chinese citizens applying for residence in Taiwan surged dramatically from 8,468 in the previous year to 53,374.

The phenomena of migrant workers, immigrants, and international marriages have long become social realities, with spouses from China and Vietnam accounting for the largest numbers. Foreign spouses, referred to as "Mainland brides" or "Vietnamese brides," have also become vulnerable groups of concern for human rights organizations. According to statistics from the National Police Agency of the Ministry of the Interior at the end of 2004, Vietnamese spouses reached 55,804; meanwhile, statistics from the National Immigration Agency of the Ministry of the Interior show that the cumulative number of Chinese spouses applying for temporary stay or residence from January 1992 to February 2006 reached as high as 225,207. As international laborers and foreign spouses reside in Taiwan for extended periods, disparities in language, culture, and living habits are immense, leading to a daily increase in judicial cases and human rights controversies triggered by conflicts.

The relevant authorities must attach early importance to the new impacts brought about at all levels by the massive influx of international migrant workers and marriage immigrants from China and Southeast Asia since 1945. We have long become a "new immigrant nation."

Beyond ensuring immigration protections (such as amendments to the "Immigration Act") that must place greater emphasis on safeguarding immigrant rights, we are also compelled to raise a critical appraisal: Has the courtroom prepared itself for this?

Regrettably, our courts exclusively relegate supreme status to the "National Language" (Mandarin), while other languages are ignored to almost the point of neglect—let alone whether there is any capability to provide appropriate court interpretation for international migrant workers, immigrants, or indigenous peoples. Are court interpreters merely tools for courtroom communication or decorative furniture?

The actual implementation of constitutionalism in our country has lasted for only a short span of a little over a decade. Throughout these ten-odd years, the Constitution has been continually amended due to practical factors, with each constitutional amendment creating even more problems. Dictators created the myth of constitutionalism, the myth became a taboo, and the taboo instilled fear in the people. And fear constitutes the most powerful form of rule. Although we have long been free from the shadows of a reign of terror, the Constitution has become a cold corpse. What we must truly question is: Why has our Constitution lost its proper sense of reality and vitality?

"Distant and biting"—this is the current state of our Constitution. The Constitution is neither an emperor's seal nor a monarch's sword. Rather than describing the Constitution as "the fundamental law of the state," it should be viewed as a rights contract concluded between all citizens and the state. How should legal professionals cultivate an awareness of the Constitution's importance to citizens? How can apathy toward the Constitution be cured?