The Case of Human Rights Abuses at National Cheng Kung University

From:
5/17/2003 11:11 PM
Subject: ATTN: The Case of Human Rights Abuses at National Cheng Kung
University

To: moe
CC: tecroinfodc@tecro-info.org

Ministry of Education
Department of Higher Education

cc: Chien-jen (C.J.) Chen,
Dr. Lyushun Shen,
Mr. Michael Ming-Shian Tsai
Taiwan Representative Office
Taipei Economic and Cultural Representative Office (TECRO)
4201 Wisconsin Avenue, NW
Washington, DC 20016-2137
Tel: 202-895-1800
Fax: 202-363-0999
tecroinfodc@tecro-info.org

17 May 2003

Dear Sirs,

As you may know, recently I received retroactive contracts for the years
covering my illegal dismissal, from August, 1999 to July, 2003. This is
a good beginning, finally; but it is far from a perfect ending.
First, absurd as it may sound, the university has argued that it
owes me only half-pay for this period, based on the fact that I was not
actually teaching during the time of my illegal dismissal. Of course
such partial compensation, when the university had no legal basis to
dismiss me in the first place and, indeed, repeatedly defied Ministry of
Education letters to abide by laws, is completely unacceptable.
Therefore I expect full salary compensation.
Second, although the deadline for issuance of next year's two-year
contract has passed (15 May), it was reported, by the university
personnel office, that the department is considering another "review,"
based on the same accusations rejected in the Ministry ruling of 8
January, 2001, with which the university has belatedly complied.
Clearly, another such review would have no basis in law, and would,
in effect, be an attempt to nullify the full benefits of the Ministry
ruling of 8 January, 2001, preventing my return to full-time employment
at the university. This is unacceptable. Not only does it defy the
Ministry ruling of 8 January 2001 but it amounts to an act of
intimidation and harassment, unacceptable in a public institution under
the authority and legal sanctions of the Ministry of Education.
I expect that officials at the Ministry of Education will exercise
their authority within the law to effect full compliance with the
Ministry ruling of 8 January 2001, discipline malfeasant officials, and
protect the rights and human dignity of an American professor at a
Taiwan university. In view of the history of this case, including
well-known dilatory tactics on the part of university officials, which
have delayed a just resolution of this case for over four years, I
cannot tolerate further delay waiting for next year's two-year
contract.
Therefore, I must request that this matter be settled,
including issuance of next year's contract (August 2003-July 2005)
within a few days. But if it is not, I will contact the United States
Department of State one more time about this issue.
If Taiwan wishes to belong to the international community, it must
abide by a transparent system of democratically established laws,
including routine penalties and benefits that follow from those laws.
The argument of the Ministry of Education, that there is a Ministry
appeal, but that the Ministry cannot compel compliance with its ruling,
is devious. That means a Ministry ruling that favors an appellant will
be enforced only if the university agrees. Soon the Taiwan government
will argue that criminals can be incarcerated only if they agree to.
If nothing else, as my Taiwan colleagues have informed me, all the
Ministry of Education has to do is issue a black mark for every day of
noncompliance. After three such marks, an official is automatically
dismissed from public service. In addition, Taiwan's national
universities will have regained their respectability.
In sum, the Taiwan government sanctioned an appeal process and the
Taiwan government must indemnify its appeal decision, and the full
benefits that follow from its ruling. In addition, it must prevent
harassment and intimidation of American professors at its national
universities in Taiwan. The American government, as well as the
American people, treat thousands of Taiwan citizens with dignity and
respect when they reside in America, many of them remaining in America
and finally becoming citizens. The Taiwan government should start
acting responsibly, which means reciprocally, in its treatment of
Americans living in Taiwan.
In any case, I am fully committed to protecting the rights and
dignity of American professors in Taiwan.

Sincerely,

Professor Richard de Canio
Department of Foreign Languages and Literature
National Cheng Kung University
Tainan, Taiwan
(06) 237 8626
email: vertigo@ms22.hinet.net