Rights Abuses at a Taiwan University

21 April 2007

     To document human rights in Taiwan, I list events related to my illegal dismissal by National Cheng Kung University (NCKU).
     In 1999, using secret and unproved accusations, all three NCKU review committees upheld my dismissal. The university appeals committee "nullified" the dismissal in December 1999 but required "further review," on the basis I was a foreigner.
     On appeal, the Ministry of Education (MOE) canceled the university's dismissal on 8 January 2001.
     With impunity, NCKU defied this ruling until May 2003. Though the university held appeal hearings and attended the MOE appeal, once it lost, it filed a lawsuit claiming foreign faculty had no right to appeal.
     The court upheld the MOE ruling. But the university revived previous accusations and denied me increments for six years, though the MOE warned this could not  be done.
     Yet not one official involved has been punished. The MOE even approved the NCKU president for a second term after he defied its ruling!
     Despite formal complaints, the Control Yuan has not imposed penalties.
     The vaunted "Taiwan Human Rights Commisssion" has not responded.
     Taiwan's high-profile "Human Rights" groups have not helped.
     The Executive Yuan forwards my complaints to the MOE, which forwards it to the university. It's like musical chairs. Only the music doesn't stop.
     The English-language newspapers, clamorous about Taiwan's democracy, ignore my letters. But a rumor that Sean Connery supported local independence captivated Taiwan's press for days!
     Court redress is limited. After intermittent hearings lasting months, I received only my due, nothing more. University officials lost nothing and had the satisfaction of impeding my career for nearly nine years and still counting (several appeals are pending).
     Related court cases proved futile.
     The student who secretly claimed I unfairly failed her eight years before was not punished. The court argued her letter did not directly cause my dismissal.
     Another court denied me back interest for withheld salary on the basis I was employed elsewhere during my dismissal.
     A third court ruled my visa costs were routine and could not be compensated. Yet my unemployment prevented my eligibility for resident status, forcing me to apply for numerous tourist visas abroad, with heavy travel costs.
     A related issue is why a university that scorns human rights is allowed to maintain sister exchanges with US universities.
     The issues are black-and-white and involve high government agencies. Taiwan's government should not tolerate human rights abuses yet ask international sympathy and support on the basis of its democracy.

     Sincerely,


     Richard de Canio
     Department of Foreign Languages and Literature
     National Cheng Kung University
     Tainan, Taiwan
     (06) 237 8626

Summary of Rights Abuses at NCKU (Tainan, Taiwan)

    21 April 2007
     Regarding human rights in Taiwan, consider abuses at National Cheng Kung University (NCKU), in Tainan.
     In 1999, three NCKU review committees used secret and unproved accusations to effect my dismissal. As a delay tactic, in December 1999, the University Appeals Committee "nullified" my dismissal "without reinstatement" (!), claiming, as an American, I was subject to further review.
     During this byzantine stalemate, I survived on tourist visas, until the Ministry of Education (MOE) canceled the university's dismissal on 8 January 2001.
     With impunity, NCKU defied this ruling until May 2003. Though the university held appeal hearings and attended the MOE appeal, once it lost it filed a lawsuit claiming foreign faculty had no right to appeal. Can a lawyer talk out of both sides of his mouth in Taiwan?
     The court upheld the MOE ruling. Yet the university revived previous accusations and denied me increments for six years, though the MOE warned this could not  be done. This case is still pending.
     Despite formal complaints, the Control Yuan has not imposed penalties.
     The vaunted "Taiwan Human Rights Commisssion" has not responded.
     Taiwan's high-profile "Human Rights" groups have not helped.
     The Executive Yuan forwards my complaints to the MOE, which forwards them to the university. It's like musical chairs. Only the music doesn't stop.
     The English-language newspapers, clamorous about Taiwan's democracy, ignore my letters. But a rumor that Sean Connery supported local independence captivated Taiwan's press for days!
     Court redress is limited. In the contract case, lasting months, I received only my due, nothing more. University officials lost nothing and have the satisfaction of impeding my career for nearly nine years and still counting (several appeals are pending).
     Related court cases proved futile.
     My lawsuit against NCKU committee members was dismissed on hearsay testimony discredited by a Faculty Union member. But the district attorney declined to reopen the case.
     The student who secretly claimed I unfairly failed her eight years before was not punished. The court argued her letter did not directly cause my dismissal.
     Another court denied me back interest for withheld salary on the basis I was employed elsewhere during my dismissal.
     A third court ruled my visa costs were routine and could not be compensated. Yet my unemployment made me ineligible for resident status, forcing me to apply for numerous tourist visas abroad, with heavy travel costs.
     On the other hand, despite willful defiance of an MOE ruling, the university has not paid a single NT dollar in compensatory or punitive damages! Till now, no officials have been punished. The MOE even approved the NCKU president for a second term after he defied its rulings!
     Meanwhle faculty defer to the university president; while a new president maintains the high road, deferring to the courts.
     But the case is in the courts only because the university violated human rights in the first place. Should this university be allowed sister exchanges with US universities?
     This case involves high government agencies.
The US government should not tolerate a double standard.
      If this happened to a Taiwan citizen in the US, there would be mobs outside AIT offices in Taiwan. Taiwan's government should not tolerate human rights abuses yet ask international support on the basis of democracy.

     Sincerely,

     Richard de Canio
     Department of Foreign Languages and Literature
     National Cheng Kung University
     Tainan, Taiwan
     2757575 52235 (O) 06) 237 8626 ((H) 06) rdca25@yahoo.com