2024/05/04

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Plight of stateless overseas Chinese leads to calls for act to be amended

July 11, 2008
When Angela Lee left Myanmar eight years ago and traveled to Taiwan to enroll in a university bridging course for overseas Chinese students in Taipei County, she believed she was coming home. But it turned out to be just the beginning of a long struggle for citizenship.


Lee's father was one of the many Kuomintang soldiers who fled mainland China for the safety of either Myanmar or Thailand after the ROC government relocated to Taiwan in 1949. While the majority of these soldiers later made their way to Taiwan, others--like Lee's father--were left behind. When the governments of Myanmar and Thailand refused to grant these men citizenship, they became stateless--trapped in diplomatic limbo.


Lee, who entered Taiwan illegally, said she had been told that it was possible to apply for permanent residence after studying on the island for five years. But instead she found herself living as an illegal alien on the margins of society, fearful that she would be deported.


In an open letter to President Ma Ying-jeou, published in the Chinese-language China Times June 29, Lee called on the government to give students who have received tertiary education in Taiwan a chance to contribute to the nation as citizens.


On July 3, Lee gathered with about 400 others facing the same plight to demonstrate in Taipei. The protest was held under the banner of the Thai-Myanmar Region Chinese Offspring Refugee Service Association, an organization that was formed in February to lobby the government on behalf of its members.


Marching between the Legislature and the Executive Yuan, the demonstrators shouted slogans such as "Grant us nationality" and "We want work."


"Because we do not have legal status, we are not eligible for health insurance. We are also afraid to turn to the police if our bosses do not pay us," said Yang Wen-jie, a member of the association. "Even by protesting, we are risking being arrested."


Yang explained that around 250 overseas Chinese from Myanmar and Thailand come to Taiwan to study each year using forged passports that they have purchased on the black market, at a price between US$825 and US$1,000--equivalent to what the average worker in Myanmar would earn in two to three years. Once these students complete their studies, their only options are to stay on illegally in Taiwan or return to a stateless existence in their host countries. If they do opt to return, they will be issued documents confirming their refugee status that must be renewed every year.


The ROC government is aware of the problem and on May 21, 1999, the day the Immigration Act was promulgated, it declared an amnesty for stateless overseas Chinese who had entered the country before that date. However, Yang estimates that about 2,000 descendants of former KMT soldiers have entered the country since then and are living in the country illegally.


Having met with the protesters, Minister of the Interior Liao Liou-yi pledged July 3 to push for amendments to the immigration act, thereby helping to address the predicament faced by stateless overseas Chinese in Taiwan. He said that as the Legislature would go into recess July 18, the National Immigration Agency would issue temporary documents to the affected people to protect their rights until the law could be amended. The Legislature will reconvene in September.

Write to June Tsai at june@mail.gio.gov.tw

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