Taiwan: Military service in Taiwan; any incidents of abuse, and if so, what action has Government taken against the abusers (2000-2001)

The Military Service Law in Taiwan states that all males between the ages of 18 and 45 shall fulfil the military service requirement, which consists of two months of basic training followed by a 22-month unit assignment (FAS 15 Sept. 2000). Military conscription is administered by both the Ministry of National Defense, which is responsible for securing the required number of conscripts and training them, and the Ministry of the Interior, which determines the sources of the conscripts and ensures their rights and benefits (ibid.). Senior high, vocational high and college students may defer their military service until after their studies have been completed (ibid.). Students admitted to a college or university complete the two months of basic training during the summer prior to their first year, and fulfil the remainder of their two-year commitment after graduation (ibid.). Citizens who have been sentenced to more than seven years' imprisonment are prohibited from entering the military, and young men in ill health are exempt from military conscription (ibid.).

On 15 January 2000 legislation was passed that provided for the establishment of an alternative to compulsory military service (Jehovah's Witnesses 24 Jan. 2000). It allowed for the creation of a civilian service, which offers conscientious objectors non-military opportunities in the fire-fighting, environmental protection, construction, and social and medical services areas (ibid.; JDW 3 May 2000; China Times Express 4 Sept. 2000). Previously, those who refrained from fulfilling their military service obligations due to religious beliefs faced up to 15 years in prison (Jehovah's Witnesses 24 Jan. 2000). Under the new legislation conscientious objectors will spend 33 months in the civilian service, while those drafted to the military but who receive civilian assignments will serve between 26 and 28 months (ibid.).

According to Country Reports on Human Rights Practices for 1999 for Taiwan, some physical abuse of military inductees does occur, although instances of this appear to be declining (2000). Several articles in the Taipei Times referred to the human rights situation in the military and occurrences of abuse, however no details pertaining to specific incidents were provided (Taipei Times 4 Sept. 2000, 4 Jan. 2000, 29 Oct. 1999). One article reported that some 400 soldiers are killed or injured each year during their military service for various reasons such as "corrupt practices, insufficient respect for the rights of soldiers, and the breakdown of discipline" (ibid.).

On 3 September 2000 members of the Association for the Promotion of Human Rights in the Military, a group consisting of former conscripts who allegedly suffered maltreatment during their military service and the families of conscripts who died from improper treatment, organized a protest outside the shrine where Taiwanese president Chen Shui-bian presided over a ritual to honour the nation's war dead, to demand the protection of human rights within the military (China Post 4 Sept. 2000; Taipei Times 4 Sept. 2000).

On 24 October 2000 the President's Advisory Group on Human Rights was established (Taipei Times 24 Oct. 2000). Its mandate includes compiling a work of reference on human rights for use in Taiwan; promoting a National Human Rights Bill; establishing a National Human Rights Committee; promoting human rights education; and reviewing Taiwan's human rights conditions (ibid.; AI 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 2001. Annual Report 2001: Taiwan. [Accessed 28 June 2001]

The China Post [Taipei, in English]. 4 September 2000. "President Chen Commemorates War Dead As Dozens Protest Outside." (Global News Wire/NEXIS)

China Times Express [Taipei, in Mandarin]. 4 September 2000. "'Alternative Service' to Become the Main Force of Public Service." (Translation Government Information Office, Republic of China) [Accessed 27 June 2001]

Country Reports on Human Rights Practices for 1999. 2000. United States Department of State. Washington, DC. [Accessed 27 June 2001]

Federation of American Scientists (FAS). 15 September 2000 (last update). "Ministry of Defense - Taiwan Intelligence and Security Agencies." [Accessed 27 June 2001]

Jane's Defence Weekly (JDW). 3 May 2000. Wendell Minnick. "Taiwan's New Conscripts." (NEXIS)

Jehovah's Witnesses Office of Public Information. 24 January 2000. "Republic of China Passes Groundbreaking Legislation on Conscientious Objection." (Press release) [Accessed 27 June 2001]

Taipei Times. 24 October 2000. Lin Chieh-yu. "Lu Unveils Human Rights Advisory Group." [Accessed 28 June 2001]

_____. 4 September 2000. "Rights Group Says Military Service Can Kill." [Accessed 28 June 2001]

_____. 4 January 2000. Brian Kennedy. "Human Rights in Taiwan: Is the Battle Won?" [Accessed 28 June 2001]

_____. 29 October 1999. Brian Hu. "Relatives Decry Military Deaths." {Accessed 28 June 2001]

Additional Sources Consulted

IRB Databases

NEXIS

WNC

Internet sites including:

Derechos Human Rights

Human Rights Watch

Taiwan Headlines

United Nations High Commission for Human Rights