Showing posts with label legislative_yuan. Show all posts
Showing posts with label legislative_yuan. Show all posts

Sunday, October 24, 2021

The Chen Po-wei recall: a local victory for the KMT at the cost of national goodwill?

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I don't have a relevant cover photo, so enjoy a pleasant one.


I'm tired and sad, but I have a few thoughts on the Chen Po-wei (陳柏惟) recall.  Also I was writing this during the big earthquake today so I'm both literally and figuratively all shaken up.

Update: Yep, I didn't think to check the predictive text on his name. Fixed now.

Since I'm just not feeling it today, I'll let someone else -- probably Frozen Garlic -- do the numbers properly. But, from a quick look, it seems that while turnout would have been enough to unseat Chen under the old recall system (it just about topped 50%, which was the old turnout threshold), the signatures needed to recall him would not have been sufficient in the first place. 

But the recall did happen, and he did lose his seat, and I have thoughts.

First, many note that the reformed recall procedures were actually a push from the left -- mostly post-Sunflower Movement activists after a failed attempt to recall the widely-hated legislator Tsai Cheng-yuan (蔡正元). Now, they seem to be used exclusively by the KMT to go after small-party Third Force types, as revenge for the DPP daring to back an ultimately successful recall of Han Kuo-yu (韓國瑜) from the Kaohsiung mayorship. 

Did the activists pushing for the relaxation of recall procedures know the opposition would use it against them, or did they unwittingly provide the weapon of their own defeat?

From everything I know, it's the former. The groups that pushed for recall reform are not made up of unintelligent people incapable of forethought. Of course they were aware that the KMT would use it against them. So either they thought the KMT's days as a popular party capable of successfully unseating opposition lawmakers were numbered if not over, or they believed so singularly and purely in the fundamental correctness of changing the regulations for the betterment of society that they were willing to face the future obstacles they put in their own way. 

Think Socrates and the hemlock -- the elementary-school history version of it, anyway. 

You can commend these activists for pushing through something they felt was inherently right for society, even knowing they were handing a weapon to the bad guys. I don't. Honestly, if we're not dealing with critical human rights such as freedom of expression, assembly, religion, non-discrimination etc., I just don't think changing the requirements of a recall threshold count is one of those vitally important things. 

Yes, the old thresholds (13% of eligible voter signatures to get a vote, over 50% turnout on that vote) were high, and yes, the Republic of China guarantees citizens the right to recall elections -- it was part of Sun Yat-sen's original philosophy and is enshrined in the constitution. Yes, reform would not have been a bad thing. But did the new ones really need to be so low? Frozen Garlic thinks not, and I agree. The pan-greens and left did not need to stake so much on those specific new rules. Certainly, there's nothing ethically or morally "better" about the current 10% of voters needed to sign a petition and 25% of voters needed to actually recall.

While the pan-blue forces -- and all their patronage networks/gangster friends/local factionistas -- have had a spotty record on actually recalling people, they've also been the only ones trying. Typically, they've targeted not DPP legislators but people from minor parties, succeeding about half them time. Huang Kuo-chang (NPP) and Huang Chieh (now former NPP) survived, Wang Hao-yu (Green Party until just before the recall, then switched to the DPP, which didn't save him) and now Chen did not.

They're going after independent legislator Freddy Lim (林昶佐) next: we'll see what happens.

On the other side, you could say that the pan-greens are trying to use the recall responsibly: they've only turned it on Han Kuo-yu. But Han had dug his own grave: I'm speculating here, but Han probably would have lost re-election on his own. Recalling him saved Kaohsiung from bad governance -- he was pretty clearly not doing his job -- and had a morale-boosting effect for the pan-greens. 

Now that the KMT is consistently using the same recall tools, however, the DPP and Third Force essentially can't. It would become an expensive, time-wasting, pointless game of dueling recalls, which won't foster any goodwill with any voters. 

I'm generally on the Third Force's side in most things. That said, I honestly think reforming the recall procedures as they did was a bad idea and was not worth the eventual cost. I don't care how strongly they believed in it. It wasn't a good call. You do the right thing against your own best interests when it's human rights on the line, when it really matters -- this amounted to shooting themselves in the foot over recall thresholds that could have been lower, but never needed to be that low for any reason pertaining to any greater good. 

There is hope, though. The KMT recalled a young, energetic, high-profile legislator from the left who, while friendly with the DPP, is not the DPP. They attacked him over ractopamine pork, but they're the same party that voted through ractopamine beef: it's just not a valid complaint from them. They said he wasn't doing his job, but unlike with Han, I see no evidence that was actually the case. And he's not only locally prominent, but nationally as the first elected legislator from a small, new, overtly pro-independence party. 

What does the KMT have to offer in Chen's place? More under-the-table politics, more geezers or sons-of-geezers, more gangster-affiliated factional crap in Taichung. More of the same. Nothing inspirational. 

Perhaps the KMT thought this would be a galvanizing moment for them, the way Han's recall was for the pan-greens. But I doubt it: whoever takes Chen's place is going to be a local factional pol, not a nationally-popular figure. They may gain one seat in the legislature, but I don't see this as particularly beneficial for them simply because they have nothing to offer but more of the same. This is unlikely to have much positive effect beyond the actual seat they just opened up.

That it was an obvious revenge recall and not based on any unfitness or incompetence on Chen's part, however, will likely galvanize the exact people they are seeking to demoralize -- the pan-greens. They're pissed. They know what this is and they're gonna fight harder because of it. 

The KMT tried to send the message that if you mess with them, they'll go after your most prominent figures, and sometimes succeed in taking them out. 

The message they actually sent was "we're shitheads and you can't trust us to use the tools of democracy responsibly." Not on a local scale, perhaps. Not in that particular district -- but nationally. 

Imagine a weird gun that, every time you take a shot at an opponent, whether you hit your target or not, also discharges a bullet into your foot. It doesn't take you out completely, but you injure yourself a little more every time you use it. Nobody would ever design such a weapon, but that's how I picture the current state of recalls in Taiwan.

I can only hope that by handing the KMT a potent weapon in recall reform, that the activists who pushed it through will ultimately benefit in an unlikely way: the KMT will use it so much, so viciously and so clearly without grounds or reason, that for every shot they fire at the pan-greens, whether they take someone out or not, they're also shooting themselves in the foot. 

Saturday, November 30, 2019

The anti-infiltration bill doesn't go far enough (plus, the KMT trying to be tricky and failing!)

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Please enjoy this sculpture of a pig cavorting with a rat.
You know why.


So, there's a lot to talk about in politics this week. Everyone's talking about the anti-infiltration bill that was unveiled on Friday, so I guess we'll start there.

A few things pop out at me about this bill. First, the punishments for 'infiltration', which include using foreign sources or following foreign directives to donate to a political party, "influencing elections" (surely the bill is more detailed than that vague category) and other actions, are quite low. A fine which isn't that high considering the sums of money probably involved in actually attempting to interfere in Taiwanese democracy, or (not and) a prison sentence of "up to seven years".

As a few people have pointed out, it's a lot lower than the sentences for much more minor fraud and crimes that don't do nearly as much to undermine Taiwan's democratic system. For example, if you have a meth lab in your apartment or sell weed on the side, in theory you could be sent to jail for a minimum of seven years, and (not or!) a fine of up to twenty million NT dollars. Possession carries prison sentences that vary, but may go up to ten years and include a fine - more than you'd get for trying to implode democracy! Apparently smoking a little weed is worse than trying to up-end an entire political system.

This is a good time to refresh everyone's memory that the punishments for espionage - a somewhat-related but fundamentally different, and more serious, crime - are also quite low, though they were strengthened in 2019 in response to a string of espionage cases. In the past, civil servants (including career military) convicted of espionage would be removed from their post, but did not necessarily lose their government pensions or have to pay back any pension money they'd already received (that has since changed). Even now, a minimum sentence of 7 years seems light, seeing as it's about the same as the sentence for transporting or selling drugs. Security, training and background checking don't seem to have improved much, though.

As for why Taiwan hasn't upped its game, and is even now falling short, it's all politics. Back when it had power, the KMT didn't want to do much about it because the people doing the infiltrating (or the spying) were doing so within KMT-loyal organizations, such as the military or, in the case of infiltration, KMT-friendly media outlets and political organizations. Of course even now they don't want to admit there's a problem with some media outlets in Taiwan, with proof of foreign influence that goes well beyond the recent allegations of self-proclaimed spy 'Wang Liqiang' - those outlets are working hard to get them back into power, why would they want to hinder their ability to do so?

So why is the DPP's bill so weak on punishments? It was inevitable that the KMT would paint the push to pass an anti-infiltration bill as mere spectacle, a political move to "manipulate the 2020 elections", and it seems to me that the DPP wants to get something done, while trying to signal that they're not using the bill as a political tool.

I'm not sure it was a good decision, though. To me, the bill just looks weak. 


At the same time, the KMT proposed their own tricky-sticky "anti-annexation" bill. To quote the Taipei Times:


At a news conference at the Legislative Yuan, the KMT caucus — which had unanimously boycotted the legislative meeting — unveiled a bill against annexing the Republic of China (ROC), which it said was meant to replace the anti-infiltration bill.... 
The anti-annexation bill says that no civil servant of the ROC may advocate actions that would sabotage the nation’s political system, or change its official title or territory.
They must not make remarks that advocate decimating, absorbing or replacing the ROC, the bill states. 
Civil servants — including the president — found to have contravened the bill would face a prison term of up to seven years, it states. 
The anti-annexation bill is a more comprehensive bill than the DPP’s, as it would not only bar attempts to unify Taiwan with China, but would also prohibit attempts to make Taiwan a US state or part of Japan, as these are all actions that would eliminate the ROC, KMT Legislator Lin Wei-chou (林為洲) said. 

I don't know much about this bill because it's probably not going anywhere, but from what it says here, it's an attempt to shoehorn in legislation that would make it much harder for a pro-independence government to actually do anything about the ROC colonial government construct, or even say anything to that effect. In theory, even statements President Tsai and other DPP members have made in the past, for example, "the Taiwan Consensus", or "Taiwan is a country where..." could, in theory, be violations of this proposed law. It would limit freedom of expression by putting a muzzle on anyone in power to even discuss Taiwanese independence or a unique Taiwanese identity outside of a Chinese (that is, ROC) framework.

Of course, their own rhetoric about the 1992 Consensus, which positions Taiwan's fate as ultimately Chinese, would be entirely permissible under such a law. Since active KMT civil servants never come out and actually say they support unification (even though they often do), it wouldn't be hard for them to avoid violations. All they have to do is insist that by "China" and "One China" that they mean "the ROC" or "the 1992 Consensus", not "unification" while undermining any attempt to take a road that doesn't lead to unification, right up until they've sold Taiwan piece-by-piece to China and annexation becomes inevitable.

And they're doing it to look as though they are trying to pass a more 'neutral' and 'comprehensive' legislation, while attempting to dodge accusations that they as a party are implicated in Chinese infiltration (the same reason why they won't vote against the DPP bill - they know whose faces that egg is on). They are failing on both counts, but will surely have supporters who insist otherwise. Expect all those Chinese-influenced media outlets to parrot the idea that the DPP's bill is "Green Terror" and tout the reasonability of the KMT one. 


This has made me go back to the apparently bipartisan strengthening of anti-espionage legislation earlier in 2019 (Asia Times being the only outlet that called it bipartisan, and I'm not sure how much to trust them), after years of the KMT doing very little about it. If your party is in bed with China both in terms of spies and other forms of infiltration - just different ways of playing for the other team - why would you help pass, or at least allow to pass without comment, an anti-espionage amendment that you were once so loath to do much about, earlier in the same year? Especially when this more recent bill carries fairly weak punishments?

Is it election politics? Or is it that the KMT knows it's far more directly implicated in the latter issue than the former? Is it because they're aware that every single media outlet that is caught up in this scandal is one that supports their candidate?

If the KMT themselves were innocent, and the media outlets involved not necessarily geared towards helping a particular party get elected, wouldn't they just support this fairly mild bill as they did the anti-espionage bill?

Makes ya think.

Actually, no it doesn't. The answer is pretty obvious. 

Friday, May 17, 2019

The sky is brightening: personal reflections on Taiwan recognizing same-sex marriage rights

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During the Sunflower Movement, Taiwanese rock band Fire Extinguisher sang that "the sky is brightening" (“天色漸漸光”)in their hit song "Island Sunrise".

Five years later, as several thousand people or more stood outside the legislature for hours in the pouring rain, clad in damp rainbow gear under beleaguered umbrellas to watch legislative proceedings on same-sex marriage, the sky brightened again, both literally and figuratively.

First, a rundown of how the legislative proceedings went (for a summary of goings-on at the rally, check out New Bloom, and here's my summary of what's happened over the past few weeks). The morning was a bit chaotic, with proceedings kicking off late, and every legislator being given three minutes to voice their opinion, time which many (though not all) legislators took. Freddy Lim and You Mei-nu spoke particularly articulately in favor of equality, while anti-equality legislators, as usual, voiced concerns that defied logic. These "concerns" included points such as "if we pass this, then referendums have no meaning!" (when the reason why this bill creates a separate law rather than changing the civil code is due to the referendum results) and questioning whether the legislature actually had to listen to the court (...uh, yes).


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Then the Executive Yuan bill went through a line-by-line reading and passed every article in turn, with some 'controversial' amendments. The crowd cheered and proclaimed victory as Article 4, which specifically uses the term 'marriage' in relation to same-sex unions, passed with a narrow majority of 66 votes. Reviews continued into the afternoon as legislators skipped lunch. Notably, KMT legislators Jason Hsu and Chiang Wan-an voted for it, with DPP anti-gay legislator Lin Tai-hua voting against.

At that point, I was curled up under my rainbow umbrella with my butt perched on a rain-drenched half-wall outside an entrance to NTU Hospital. I was shunted with much of the crowd to Jinan Road, as the main rally on Qingdao Road was at capacity. Around me, scores of young Taiwanese were following live feeds on their phones of the legislative proceedings nearby (a jumbo screen on Qingdao Road had a live feed for people on that side).



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I ran into a friend and we grabbed coffee together as the review dragged. The rain continued to pummel the attendees still outside the legislature. But you know what? Most of them stayed. Hours it dragged on, and let's be honest, legislative proceedings are kind of boring. Connectivity was awful. Everyone was soaked despite having umbrellas and rain ponchos. There was nowhere to sit. But they stayed - thousands, maybe tens of thousands - to watch legislation drag on together on a screen most of them couldn't actually see.

By the time I made it back to the legislature, the rain let up. The sky brightened.



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A few more controversial things happened - a last-minute motion by the NPP to deal with the international marriage issue (so that foreign nationals from countries that don't recognize marriage equality would be able to marry their same-sex Taiwanese partners) failed, with the entire DPP voting against it...for no good reason. The clause that would allow people to adopt the biological children of their same-sex spouse, but not to jointly adopt an unrelated child, remained in place (with no changes to the lack of access to fertility treatments for same-sex couples, and no surrogacy services in Taiwan).


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But the sky brightened nonetheless. The proceedings dragged on. The people stayed as the rain dissipated and the sun came out, turning puddles of cool rainwater into humid vapor. I ran into another friend and we stood on the now somewhat-less crowded Qingdao Road, steaming in our clothes as the final articles passed review, and hopeful young activists clad in rainbows counted down each one.


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Then it was time for the final countdown - the vote on the overall bill. A flawed bill that does not grant true marriage equality, but a form of same-sex marriage (using the word "marriage") nonetheless. When it passed, the crowd erupted. Some screamed, some cried. The sun shone bright as Taiwan became the first country in Asia to give same-sex couples access to their right to marry: a massive shift in the mood and the weather from morning to afternoon.

The wait from the beginning of the session until the final vote was about 6 hours - approximately 10am to 4pm. But those activists had been standing in the metaphorical rain for far longer than that. The battle for same-sex marriage in Taiwan has been shorter than in many other countries: it wasn't  an issue being discussed widely just 5 years ago, when the sky brightened for the Sunflowers (though dedicated activists had been working on it in smaller numbers for some time prior to that). The fight, however, was as vicious and all-consuming as this morning's rain, and it's not over yet.



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All I can say is that I am just so impressed with Taiwan today. If you thought the dedication of the Sunflowers was a thing of the past, I submit humbly that it continues in a different form, through a different kind of adversity.

I don't imagine there are many countries that would end a marriage equality rally with a performance by a black metal band, as Taiwan did. I don't think there are many where 10,000 or more people would stand resolutely and unflinchingly in the soaking rain just to be physically present for an interminable legislative session. The level of civic engagement continues to impress me so much, and proves that Taiwan cannot be grouped so easily as a stereotypical 'Confucian', 'collectivist' society with wholly conservative values. It may be true that many young Taiwanese won't engage with their more conservative elders on these issues, but it's not true that they won't find other ways to oppose the old order of unfairness and inequality and a million -isms and phobia that those elders represent.

One of the arguments of the anti-gay camp is that ideas like marriage equality are 'Western' or 'foreign' and go against Taiwan's 'traditional culture' (they say 'Chinese' but I won't.) 

But of course equal rights have been a part of Taiwanese culture for some time now, and there is no incompatibility with Taiwanese culture (any incompatibility which seems to exist has been invented for political purposes). 

So it really mattered that the people in the front rows and on stage, the crowds on camera were overwhelmingly Taiwanese. This movement was started by Taiwanese, carried by Taiwanese and the success they brought about yesterday was done by Taiwanese. There was no 'Western infiltration' about it. (In fact, the anti-gay side is the one that had to look to the West to figure out how to spread its hate, bringing in foreigners like Katy Faust to speak against equality and justice.) It's important to keep repeating this, because that same opposition keeps accusing the pro-equality movement of doing the same, when it emphatically has not. 


As an American who was in Taiwan for most of the culmination of the marriage equality movement in the US and so unable to participate, it felt important to be a part of the support to make it happen in Taiwan, because it's my home. I have a place here too. And that place was being part of the crowd. Not onstage like a reverse Katy Faust, not a key part of the movement or even vital to it, but a participant who adds her physical presence to the crowd.



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And it may be true that the DPP will suffer for this in 2020, but somehow I doubt it. They may lose, but I don't think it will be because of this. That they managed to get it through despite absolutely vicious opposition might just win back the young voters who were talking about abandoning them. Besides, people talk about the 2018 KMT sweep as though it had anything to do with conservative 'family values', when it didn't. It was about local governance - and we know that because the NPP drastically expanded its electoral reach despite being wholly pro-equality. They would have suffered the way the DPP did if marriage equality were truly the wedge issue that opponents and pessimists say it is. Most likely scenario? By 2020 same-sex marriage will be normalized, and no longer an issue for the DPP. After all, something had to be done after the 2017 ruling. Best-case scenario? This will actually work in their favor as the progressives who were disenchanted with them come running back.

Besides, in every country where same-sex marriage or marriage equality has been passed, it has simply ceased to be an issue (unlike, say, abortion, which remains contentious in the US because some people hate women.) The party that passed it has generally not suffered electoral losses as a result, as people learn fairly quickly that their gay fellow citizens are indeed normal human beings who deserve equal rights and what was all the fuss about anyway? I can't imagine Taiwan wouldn't go the same way.




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And if you think this has nothing to do with the spirit of the Sunflowers, this guy is here to tell you
that you are wrong. And he wasn't the only one. 

If they do lose in 2020 over this, then they will have stood for what was right in the face of a tyrannical, hateful majority. True liberal progressives won't forget that, and it will come back to them someday. It would be sad to see if that's the case, but the solution could never have been for them simply not to stand for what was right.

As a Facebook friend posted regarding the anti-equality referendum result last year (kept anonymous as the post is not public:

"And yet, the government went ahead with the law. Why? Well, this is what distinguishes democracy from populism. Democracy is not merely about majority voting: it is also about adhering to basic principles protecting minorities from the tyranny of the majority."

But they did, and the future leaders of Taiwan did as well. We stood in the rain for hours...for years.

The fight for full equality is not over, but the sky is brighter now, and the future is too. 



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Wednesday, May 15, 2019

Come support marriage equality this Friday!

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This Friday morning - that's May 17 - the Legislature will vote on the three 'same sex marriage' (not marriage equality) bills currently under consideration. People I know are saying that the Executive Yuan's bill - that is, the least bad of the three - will come up for a vote first, as it was introduced first. If it passes, the other two get thrown out. There was some attempt to 'reconcile' the three bills into one thing the Legislature could vote on, but that, uh, didn't happen, because one side keeps stating facts and making good arguments that take the needs of LGBT citizens into account, and the other side can't even get their facts straight and don't care about LGBT citizens' rights.

Although it's not great, it would be best for everyone if the Executive Yuan bill passes for a few reasons. First, it'd mean that bills which protect the rights of LGBT citizens least would not be considered, which is especially important in the case of the so-called 'compromise' bill, which would (horrifyingly) allow relatives of either member of the couple to sue to stop the marriage from being legally recognized. (Edit: this provision has been stricken from the bill.)

It would also mean that there would be a legal framework for how to implement same-sex marriage now, with a fairly clear (though legally tiring) path to actual marriage equality. If we just let the interpretation of the Civil Code take effect on May 24th, nobody really knows what will happen and very little about the actual rights of married same-sex couples will be clear. Finally, this is the bill that LGBT groups support. If we want to be good allies, we should let them lead, and support it too.


And the DPP will need all the vocal support it can get, seeing as it has handled this issue disastrously from the start.

This is the final scheduled vote before the Civil Code interpretation changes automatically, as per the ruling of the Council of Grand Justices, on May 24th. Basically...this is it.

So, there's a rally planned that starts at 8:30am outside the Legislative Yuan. Pro-equality advocates are hoping for a good turnout, even on a Friday morning. I'll be there, wandering around, taking photos, generally adding my physical presence to the crowd.

If you care about equal rights and human rights, I ask that you come too. Take time off if you have to. Tell your friends. Not just the foreigners (though it's easier for a lot of us to be free on a random morning), but your Taiwanese friends. Apply for half-day leave now.

Plus, you can be sure the anti-gay folks will be there too. We need to outnumber them just to show the legislature that equality is the only real future for Taiwan.

If the best of the three bills passes, we still won't have marriage equality, but we will have something on the road to it, and if we show up in numbers that will make an important statement going forward.

See you there.

Tuesday, April 9, 2019

Everything you need to know about why One Country Two Systems will never work in two easy trials!

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Just now, we've learned that leading figures in the Umbrella Movement were found guilty of "public nuisance". This comes after Umbrella Movement leaders were jailed for their role in the protest, which was the largest in Hong Kong's history. (A lot has gone on with that trial including an appeal, but while that appeal set them free, it did not stop the Beijing-endorsed trend toward harsh punishments for civil disobedience.)

Of course, "being found guilty" and "doing something wrong" are not the same thing. In this case, one certainly does not reflect the other. 


More than that has been going on in Hong Kong, as well:




Compare that to the outcome of the charges brought against the Sunflower leaders in Taiwan, who were found not guilty as their actions were found to constitute legitimate civil disobedience, which was upheld on appeal. Trials against other Sunflower activists did not result in such progressive verdicts, however. That said, it's notable that charges brought against the government have also recently been accorded a re-trial.

What stuck out to me about those Sunflower trials was this:

Taipei District Court Chief Judge Liao Chien-yu (廖建瑜) said the panel of three judges made investigative inquiries, and reviewed theories and practice surrounding the concept of civil disobedience, through literature and research findings on the topic by both Taiwanese and international academics and experts. 
The judges studied the concept so that they would be better able to weigh defendants’ and their lawyers’ arguments that their reasons for storming the legislature were legitimate and socially justifiable, because it was an attempt to block the cross-strait service trade agreement, which was being rushed through the legislature by Chinese Nationalist Party (KMT) legislators without consulting the people, Liao told a news conference.

This would never happen in Hong Kong. 

As with Hong Kong's turn toward authoritarianism, there are many other examples of Taiwan's turn toward progressive values, though the bending of the arc toward justice is indeed slow.

But I don't need to list them for you. Everything you need to know is right here.

These two trials show without artifice or obfuscation exactly why One Country Two Systems will never work. Taiwan is free; Hong Kong is not. Taiwan (for the most part) set its activists free and made a decision that looked to a liberal future. Taiwan at least took a step (though an imperfect one) towards understanding the role and necessity of civil disobedience in democracy. Hong Kong did not. 


Taiwan was able to do this because it is not subordinate to the CCP. Hong Kong took its own path - or rather, was forced down that path - because it is.

A free society can never exist under the same framework as an authoritarian regime, much less be subordinate to it, because being found guilty and doing something wrong are not the same thing. Taiwan is (mostly) able to tell the difference. China - and by extension Hong Kong - clearly is not.

How much clearer do we have to be?

Tuesday, March 5, 2019

Evolving thoughts on the same-sex marriage bill

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Metal star and Sexy Legislator Freddy Lim hands out rainbow flags with the New Power Party


Here's a quick recap of what's going on with the same-sex marriage bill (I'm sorry to say I can't call it marriage equality), which moved to the Legislative Yuan recently. 

From Facebook friend Michael Garber quoting Yahoo! News Taiwan (link in Chinese):


This morning, the draft marriage equality law, “The Enforcement Act of Judicial Yuan Interpretation No. 748” received enough votes in its first reading to skip committee and proceed straight to second reading.

Next, comes a month of inter-party deliberations, and then a final vote (I don't think the law will require a third reading).


All parties let their members vote as they please, and in spite of 5 DPP legislators voting against it, the bill had enough support to proceed.



Edited: I mentioned that NPP legislator Hung Tzu-yung didn't vote and wondered why. It turns out she's in the hospital about to give birth but does support the bill. Good reason, and good tidings to her!


There's also an anti-marriage equality bill that has very little support (it doesn't have the support of the KMT caucus whip). From Taiwan News:


Despite pleas from marriage equality opposition group Happiness of the Next Generation Alliance, Kuomintang legislators will not introduce a draft bill that would see same-sex unions defined as non-marital [ed: meaning that words such as 'marriage' would be reserved for opposite-sex couples, though same-sex couples would be able to form unions] during Tuesday’s legislative session.

The group called on the KMT caucus at the Legislative Yuan Monday to help put the proposal into action. Legislator John Wu (吳志揚) told CNA the party would not yet be introducing the bill as it has not been viewed by enough of the caucus, and opinions on same-sex marriage differ among members.


CNA reports the bill is still likely to make it to parliament on March 12, but not necessarily under the name of the party caucus.



What this means is that the Executive Yuan bill - the "Enforcement of 748" one - is moving more quickly than the legislation aimed at blocking it/shooting it down, and that the former seems to be better supported overall. The general sentiment, outside of the People First Party, is that they want this through and in effect as soon as possible (probably just as much to minimize its impact on the 2020 elections as to actually ensure that same-sex couples can marry as soon as possible, and surely to get it through before the May deadline when the civil code interpretation will change if nothing else is done.)

I've had a lot of thoughts spinning around in my head regarding the "Enforcement of Interpretation 748" bill on same-sex marriage, and still can't say my I support it with a full heart.

But I do want it to pass, and that's close enough. I think you should too.

The clearest reason is that the LGBT community is backing it, and if we straights want to be good allies, it would be smart to follow their lead. To prove my point, here's a post from a popular pro-
equality group, asking people to contact their legislator to ask them to support the bill:





Plus, I have it on very good authority (not revealing my source, but just trust me) that the Executive Yuan worked with LGBT groups to make sure they crafted something that the LGBT community could ultimately accept, while also trying to craft legislation with an apolitical title that wouldn't overly inflame or demonize conservative groups (it doesn't do the latter at all, though they took offense regardless).

So if the LGBT community can accept this, so can I. If they want it passed into law, so do I.

Second, conservative groups are so mad that the government did an end-run around their anti-gay rhetoric. And I love that. Their anger is a good measure of whether a bill is suitably progressive for the moment - if they like it, it's probably terrible. If it makes them mad, there must be something good about it.

Third, it provides a clear path forward, avoiding the mess that could ensue if we let the May 24th deadline pass with no law. It also renders impossible the chance that, if the DPP loses in 2020, that the KMT will appoint more conservative judges who may reverse the Grand Justices' decision. We need more than a court interpretation in place.

And finally, the more I think about the ways that the draft bill is unequal, the clearer it is that the Executive Yuan is basically telling LGBT groups, "we're putting this in here as an olive branch to anti-equality groups, because they sure do love to scream 'won't somebody think of the CHILDREN?!', but we know perfectly well that it doesn't line up with the spirit of interpretation 748, which specifically references equality. That means you can challenge it legally and you have a good chance of winning, as same-sex marriage becomes normalized in society in the meantime. Keep fighting!"

Basically, they're handing them a fighting chance while making it look like a concession, and that's just brilliant. Something tells me LGBT groups in the know are aware of this (no source; just my intuition).

So perhaps it's not time to celebrate just yet, because the fight will continue.

But we can support the path that LGBT groups have decided to accept, and hope that this law passes. 

Tuesday, February 12, 2019

Yes, it is hard to fight for Taiwan: Small Sexism Stories

Let me tell you a story. You can probably guess where it happened from my previous posts.

While discussing an issue important to domestic policy in Taiwan, a panel of highly distinguished speakers took turns making some opening remarks, starting with the two women on the panel - both elected representatives in the Legislative Yuan.

Then the men spoke. The first one pointed out Taiwan's low birthrate and made a comment along the lines of how we can't expect Karen [one of the legislators] to have "more babies" to raise the birthrate. Then, seemingly slightly embarrassed, he blundered into a repetition of the same comment that we can't rely on this same legislator to have more children. (I have to hope he was repeating his bad joke in a flustered attempt to sort of prove to himself that his slip wasn't that bad). Another speaker said he served with her on various committees, and so spent "more time with her than her husband".

A friend of mine pointed out that every man on the panel repeated some version of this joke about a comparatively young, attractive female legislator (which shouldn't matter but probably does) having more babies for the sake of Taiwan's dwindling birthrate. I missed these other comments as opening remarks tend to be repetitive and I'd kind of already gotten the point and was making notes about what topics I might bring up.

When the floor opened to the audience, I wondered whether I should say something about how inappropriate this was. Or rather, I knew I should but had no idea how to word it. I had no idea if these men and this legislator have this sort of jokey friendship, but didn't think it mattered if they did; that doesn't excuse the inappropriacy of such public remarks.

And, I will admit with some regret and self-chastisement, I weighed in my head the need to discuss issues of national import when it came to language education and teacher training, with how discussion of these blatantly sexist remarks would detract from that.

Towards the end, another woman affiliated with CG (Corporate Governance) Watch did say something: that Ms. Yu's competence at her job as a legislator "has nothing to do with her ability to have children".

Thank goodness she did say that; someone had to. The audience was supportive; there was a strong round of applause and a few standing ovations (I was one of them). Yu herself looked relieved that someone had said something, though I won't try to interpret beyond that what her private thoughts were. The good news is that the men on the panel also seemed appropriately chastened.

It reminded me that, going forward, I need to do more to be that person, especially if nobody else is standing up and saying something. I do try, but none of us are perfect.

(No, I am not interested in a discussion of whether or not such comments were in fact sexist. They treated Legislator Yu in a particular manner because she was female and able to have children. That means they were sexist, period.)

I've said it before, and I'll say it again - it's hard to support Taiwan as a woman who also values egalitarianism. It was easy to get swept away discussing other issues of importance, and basically find a reason not to discuss the very real instance of sexist language on display at the beginning of that meeting.

What do you do when the people who are your allies in one way show that they have very little regard for your sex/gender in another? Would my points about language education and teacher training have gone unheard if I had been the one to say something? Bringing that up and making an issue of it, however right, may make it more difficult to discuss other issues and may even cause one to lose allies (a lot of men who say sexist things turn hostile when it's pointed out, and may not be willing to work with someone who addresses their behavior for what it is). And it takes time away from discussion of other issues.

And it can hurt the cause. There is unlikely to be any great damage as a result of these comments, the reaction to which hopefully caused the men in question to reflect on their behavior and commit to doing better next time. That's all this relatively minor incident needs, and I must hope or even insist that that happens. But what happens when it's, say, one of the leaders of the progressive cause?

It hurts the whole cause when the incidents are more serious, both in terms of media representation and female involvement - and I personally know than one woman who has shied away from joining progressive causes in Taiwan because of the men they'd have to spend time with. What woman wants to get involved when she knows the men she'll be working with are going to say and do sexist things?

It creates an environment where women are tempted - encouraged or pushed even - to overlook minor or even major instances of sexism in their fight alongside people who are otherwise allies, for the bigger picture, the greater cause. But we can't. It could hurt the reputation of the cause itself, or result in fewer women getting involved. If fewer women get involved, issues pertaining to women within that cause are less likely to be considered. For example, who is going to consider sexism in language education, including pay gaps for English teachers, if not as many women join the initiative this meeting was about, because they felt unwelcome after the remarks of the male panelists?

This meeting should not have been clouded with the comments of the men on the panel. It simply should never have happened. I should not even have to be writing this post, but feel I must.

We all need to go forward remembering that the people who brought down that cloud, who distracted from the main point, were not the woman who spoke up and the others who applauded her, but the men who made the comments in the first place.

Now, let's take this lesson and apply it to Taiwan advocacy in general. If Taiwan supporters in the US government are also sexist sacks of crap, we need to acknowledge that and deal with it, however we can. If women in Taiwan advocacy point out that there is a problem, damn it, listen to them and take it seriously. If someone in the movement is saying or doing sexist things, stop that person. Speak out. Men, you too. All of us. Deal with the small incidents like this one in small ways (a simple call-out and request for reflection will do), and the big ones in big ways.

Don't keep forcing women like me and others who fight for Taiwan to always have to do those mental calculations. It's not right, and you know it.

Thursday, January 4, 2018

Don't trick people into civil disobedience

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I want to keep this short, because I have a grad school paper to write and, while I'm doing OK with that, I am in real danger of getting behind.

But, ever since the labor protest on 12/23, something's been bugging me and I feel like I have to say something, because it's just not been reported to my satisfaction.

I touched before on a particular moment in that protest in which the demonstrators marched up to a row of police blocking the Zhongshan/Zhongxiao intersection, forcing them to turn towards Taipei Main Station.

The march stopped - it did not continue towards Taipei Main as directed, and announcements were made that the police had blocked the route they'd been approved to march, changing the route without notice and declaring the intended march from DPP headquarters to the Legislative Yuan as an "illegal" protest. It was made quite clear at the time - well, as clear as it can be in such a mob - that we had been approved to march through that intersection and now the police were stopping us in order to cause problems or to choke the march - and therefore that the police were in the wrong.

I didn't buy that - why would the police want to create conflicts with protesters? I've covered the reasons why in my other post on this demonstration.

It also makes sense not to approve marching in that intersection, rather than to approve it and later refuse entry. The Executive Yuan is on that intersection, and it was heavily protected with barricades and barbed wire. It makes a lot more sense that the government knew perfectly well that demonstrators would try to occupy it if they were allowed into the square, and try to head that off before it ever became a potential outcome (though I would hope Taiwanese protesters have learned by now that, right or wrong, that won't be allowed again).

So we get to that line of police, who are standing in tight formation but not instigating anything (though I'm no fan of the riot shields), and people start to push back, shouting "police give way!" and starting scuffles and short fights.

It is important to remember that the demonstrators confronting the police almost certainly believed that the police were denying the protesters the right to enter a space they were supposed to be officially allowed to enter, not that they were trying to push past police to occupy a space they had been told they could not enter.
I don't believe that protests and marches must or should always stick to "approved" routes, or that they must "apply" to be allowed to protest. Protesting with government approval undermines the whole point of demonstrating in many cases. Civil disobedience has a role to play in a healthy democracy, and I am not opposed to breaking unjust rules, regulations or laws.

I do not believe it was wrong to try and enter that intersection in principle.


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Remember that as I continue the story.

The police stand their ground, with some physical clashes taking place (nothing too serious - there were injuries later but not at this point). Eventually, they give way, and the demonstrators occupy the intersection. As expected, some try to enter the grounds of the Executive Yuan.

Later, I find out via the friend I was with that the demonstrators had never been approved to enter that intersection, and the police were trying to ensure we took the route we'd been approved to take.

In fact, as I found out much later - because I am a terrible journalist I suppose - the people perpetuating the false impression that the police were blocking our path were the labor union organizers, not the youth. The two groups don't overlap much, with the former being older and skewed somewhat politically differently (lots of pro-unification leftists, not necessarily green but also not Third Force)  and the latter being younger, pro-independence and classic Third Force. After getting us to break through police lines, the union contingent left, leaving the younger social activists encamped in the intersection and later playing a cat-and-mouse game with police as they engaged in civil disobedience (perhaps this time the more honest kind) from Taipei Main to Ximen to 228 Park and back again. After engineering a certain outcome, the labor union demonstrators went home.

To be honest, I feel tricked and abandoned.

Again, I don't think it's a problem to deviate from what has been "approved". I don't think we have to obey every command we're given. I don't believe in allowing the government to render protests toothless. I absolutely believe in civil disobedience.

But here's the thing - the organizers lied about the reason for the police line.  They led us to believe we were being denied a space we'd previously been promised. They led us to believe the government was trying to provoke us, that the police had no right to be there (even if you believe in civil disobedience, you have to admit - the police did have the right to be there. We also had the right to try and push past them).

To me, civil disobedience must be genuine. It must come from a social movement deciding it must follow certain ethical principles that clash with unjust laws, and working together to insist that legal frameworks accommodate just actions. It must happen honestly - it must come from the crowd based on real situations and perceptions that are as accurate as possible.

If we were going to push past that police line - and I do believe we had the right to do so - we ought to have done it as an act of civil disobedience, not because we believed that the police were barring us from a space we were "approved" to be in.

We might have done the right thing, but we did it for the wrong reasons. We did it because we were lied to. We did not do it based on accurate perceptions of the situation - what we believed was dishonestly manipulated to engineer a specific desired outcome on the part of the organizers. We were their pawns.

I do not like this. I do not like it one bit. I do not like being lied to. If I'm going to confront the police (which I generally won't do - I'm not a citizen after all and I can theoretically be deported), I want to do it knowing what the real situation is. I do not appreciate being lied to in order to steer me toward a particular action, and I bet a lot of people there that day felt the same way.

If that action was going to happen, it needed to occur honestly, sincerely, with demonstrators knowing what they were doing and why. We are not cannon fodder.

It discredits a social movement for the organizers to knowingly lie to participants to engineer their desired outcome. The government is opaque and often dishonest - the last thing we need is for those who organize to demand more transparency and accountability to the people to be opaque and dishonest as well. It discredits social movements as a whole if this becomes a regular tactic. We can't say we're the "good guys" if leaders can only get what we want by lying to us, if we allow them to keep doing it.

I'll be honest in a way the organizers were not - I'm deeply disappointed and disillusioned. I'll still turn up at protests and other civil actions to observe and report, but I'm not sure when I'll participate again.

All you do when you lie is lose our trust. We're not afraid of civil disobedience, but only if it's done honestly. Only if we really are the good guys, and we live up to higher ideals than the unjust systems and dishonest people we're fighting against.

Don't do it again, or you'll lose more than one unimportant white lady: you'll lose your supporters, the trust of the Taiwanese people, and any chance you might have had of getting the powers-that-be to take you seriously.

I am also worried that if the two main groups fighting the new labor laws can't get along and have divisions that run so deep that one would basically pull the rug out from under the other, and neither can seem to capture the public zeitgeist, Taiwanese labor is, well, screwed.

Don't be children. Grow up and do it right. Come on guys.

Saturday, December 23, 2017

Gonzo Journalism at the labor protest (updated!)

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So, I pushed myself to go to today's labor protest even though I woke up this morning to the news that my grandfather had passed away (it was not a surprise).

Pushing myself to go anyway was a feat, but there is work to be done and I wanted to be one of the faces in that crowd helping to do it, even if all we were going to accomplish was media attention. After all, I live here and work here too and although the new labor laws don't affect me, Taiwan's generally terrible labor situation does affect me indirectly. Imagine, though, viewing a protest of roughly 10,000 people through a poorly-lit and echo-filled tunnel of unrelated personal grief.

I won't say that I went today as a journalist; I'm not one. I went as a demonstrator in a very conflicted state of mind who happened to plan to write about the experience.

I showed up just as the speeches were getting started and immediately grabbed one of the 'official' (in that everyone had one) protest placards. One side said "累" ("Tired") in Chinese, the other had a large graphic middle finger and said "終止過勞" ("End Overwork"). Almost every labor union I know - and some I didn't know existed - were there. Some were industry-related (e.g. the Taiwan Media Workers' Union), some business-specific (a Carrefour workers' union was present), some related to a specific kind of workers, such as foreign laborers who were quite noticeably present. Some, I noticed wryly, represented workers from government-run enterprises such as Taiwan Railways, Taiwan damn it China Airlines and ugh China Telecom.


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Also available were fake temple talismans on yellow paper, a reference to Premier Lai Ching-te saying that working hard for low wages was akin to earning "merit" (in the Buddhist/karma sense). Some people held placards showing a Pinocchio-like President Tsai, who is seen as having lied about the DPP's support for Taiwanese labor. Others held signs that looked like cassette tapes, a reference to a legislator saying all of the slogans being chanted outside were "on a tape" (something the pro-unification protesters - all 6 of them - regularly do) because the "real laborers were busy working hard at their jobs".

I didn't stay for the whole demonstration - which is actually still ongoing - but I stayed long enough to see some intense clashes between demonstrators and police over where the protest was "officially" allowed to be held. More on that later.

First of all, if there's any reason for hope, it's this: for the first time, foreign laborers were being brought into the fold and treated as equals alongside Taiwanese workers. They took the stage and had a translator (as the speaker used Bahasa Indonesia) relating their speech in Mandarin. For the first time that I'm aware of, labor from private and public industries came together, and had visible support from other social activist groups as well.

In fact, the Social Democratic Party, the Green Party, several marriage equality groups (including the Taiwan Tongzhi Hotline) and a Taiwan independence group holding signs saying "Fuck ROC" and passing out stickers saying "DPP KMT both are ROC", despite none of these issues being the main focus of the day.

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Taipei Labor Bureau Commisioner Lai Hsiang-ling at the protest

Along with the far left, the far right of the Taiwanese political scene was also there. Veterans showed up demanding the benefits they'd been promised, and at least one KMT legislator, Lee Yen-hsiu (李彥秀) was present giving interviews and generally pretending that the KMT gives a crap about labor (SPOILER ALERT: it doesn't). Apparently the NPP also declared its support, but oddly was not present. I fully intend to, um, inquire about this. Not cool, NPP.

This protest won't do much except garner media attention, but what I really hope comes of it is this - that these groups will continue to work together and turn labor issues into a major social movement with broad and active support. This sort of cross-pollination - marriage equality, Taiwan independence, migrant workers' rights, leftists and rightists, government workers and private-sector workers - is needed for a movement to gather momentum.

Several speeches, as well as several people I talked to in the crowd, noted that the DPP is no better than the KMT. While I do think people hold the DPP to a much higher standard than the KMT and that's not always fair - the KMT can get away with being supremely awful, and yet they're still around and still sometimes get elected whereas everyone jumps all over the tiniest slip by the DPP - that's to be expected when one party grew out of a mass-murdering dictatorship it doesn't seem too contrite for having perpetrated, and the other had idealistic roots based in freedom and democracy. You expect more from the people who claim to be better.

That said, on labor issues, and frankly on a lot of domestic issues, I have to say that they deserve the criticism. I'm generally happy with the way the DPP is handling China, but they're sure making a mess out of Taiwanese domestic issues, labor included. All I can really say is that they inherited a massive KMT mess to clean up, and the main problem is that they haven't got a clue how to do it. So they suffer for their own mistakes - which is well-deserved punishment - as well as the KMT's, which isn't.

Remember, we wouldn't even be in this labor mess if the KMT had given a damn about labor during their many, many, many, many years in power.

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KMT legislator Lee Yan-xiu at the protest
The presence of foreign blue-collar labor groups was of special interest to me, as a foreigner myself but one of comparative privilege. I was happy to see that they were included and treated as equals to Taiwanese workers, as this has not always been the case: often groups that claim to support Taiwanese labor and care about labor issues ignore or outright dislike foreign labor, thinking (erroneously) that foreign labor steals jobs and drives wages down, rather than what they really do, which is support the economy by doing the hardest work for truly exploitative wages.

In fact, I wonder if this is why the NPP - which seems pro-dual-nationality for (some) foreign professionals, but is not in favor of relaxing restrictions on foreign professionals and certainly not a great friend to foreign blue-collar labor - didn't show. Hmm. NPP, I luv you guyz, but come on. You're losing me here.

In any case, two things I noticed about foreign laborers at the rally: first, that they mostly wore surgical masks (unlike most Taiwanese workers there) because they were afraid of being identified and fired, a point explicitly made in their speech. Second, that while Taiwanese workers were fighting to have fair labor laws, the foreign workers were in some cases fighting to have the labor laws apply to them at all: many of those present held signs demanding that foreign care workers be included under Taiwanese labor protections, which they currently are not.

The airline, telecom and railway workers also interested me: as they pointed out in their speeches, their bosses are the government, and yet these new labor laws will screw them over, too.

Not everyone in the government is blind to this: the Taipei City Labor Bureau commissioner, Lai Hsiang-ling (賴香伶) marched with protesters in solidarity.

After listening to all of these speeches and chanting the usual anti-government slogans, we walked from DPP headquarters to what we thought was going to be the Legislative Yuan. On the way, I saw a marriage equality sign that said (in Chinese) "We can't get married but no matter - home, life, all not given". I quipped to a friend, "I'm surprised nobody has a sign that says "the birthrate is so low because nobody has time to fuck!" He replied that, in fact, someone on stage had said that (I missed it - I miss a lot, what can I say) but there was no sign. Too bad.
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Clashes with police

I noticed something I hadn't seen before - though it is possible they have always been there and I just hadn't taken note: police cameras. Every few yards, one of the police officers watching the march was filming it.

When we hit Zhongshan and Zhongxiao Roads, however, a line of police appeared and would not let us continue up Zhongshan - trying to force the crowd to instead walk west, past Taipei Main Station. Organizers asked the crowd not to do that, as the route they'd applied for had them going up Zhongshan Road, whereas the police said they were not allowed.

There are conflicting reports of what exactly happened: the organizers were saying that the police were blocking an intersection that they had been approved to march through, with some commenting that this was to create conflict. Others say that the police announced the protest violated the Parade and Assembly Act and that was the reason for the blockade. Some say this was a ruse to simply stop the protest, as there was a possible intention to storm the Legislative Yuan (again...I suppose).

I don't buy either of these. Why would the police want to create conflict? Peaceful protests can be - and usually are - ignored. Protests that end in brawls grab media attention. Why do you think the KMT did exactly nothing to stop - nor to answer the demands of or even acknowledge - the old DPP-led protests during the Ma administration?

In terms of the second, with legislators and high-profile government employees there, and with it having been all over Facebook for weeks, there is no way this march "violated" any laws. Come on.

In any case, the protesters started chanting "police let us through!" and several intense clashes broke out, though nobody appeared to be seriously hurt (I was right there for one of them).

Finally, the police gave way after several attempts to push through, and the intersection - one of Taipei's largest and busiest - was occupied.

Here's my pet theory as to what happened:

By virtue of it being at Zhongshan and Zhongxiao Roads, the protest stopped outside of the Executive, not Legislative, Yuan. Apparently - according to a friend - a meeting was being held in there at that time. In any case, it was so heavily blockaded and surrounded with barricades and barbed wire that there was a clear government fear of an attempt to storm it.

UPDATE: the forced move into the intersection was, according to one of the organizers, an intentional move by the rights groups to start a conflict.

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What resulted was an occupation of a major intersection - garnering more media attention than any of the previous labor protests, possibly the most since the 200,000-strong marriage equality rally - that is still ongoing. There are still clashes with police as people attempt to storm the Executive Yuan (see?) and apparently the police, according to a friend, are starting to look 'ready'.

I left around 4pm, because frankly, I lost my grandpa this morning. It was time to go and take care of my own headspace.

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Migrant workers are afraid to show their faces for fear of retribution from their employers
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Fake temple talismans mocking Premier Lai's comment about low pay earning "merit"
But watch this space - a lot of people don't have much hope for a massive, Sunflower-scale labor movement. I hope they are wrong - labor issues affect us all, and there seems to be potential from what I saw today for the sort of mass cooperation among different groups that could well propel the cause forward. It's true that labor isn't "sexy" in the way that cross-Strait relations are, and that the students who drive a lot of social movements in Taiwan generally don't have much work experience - that is to say, they are not laborers themselves - and so might not be as attached to the cause as it doesn't affect them directly. It's also true that it's hard for labor to fight back against the ever-evil boss class, the ones keeping their wages low, refusing to hire a sufficient workforce, and keeping toxic work culture expectations in place, as not everyone can take time off or afford to lose their job.



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"You can abuse President Tsai!" the people who set these up told me helpfully. She makes noise if you slap her. 


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Is there anything more Taiwanese than a bunch of workers in nylon vests drinking Wisbih (or is it Man Niu?) at a protest?
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More migrant workers
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Although there were kids at the protest, I got the feeling it was much angrier and more visceral than typical family-friendly Taiwanese demonstrations
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My favorite protesters, every time
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Even government workers are upset



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A reference to the "the slogans are taped" comment by one legislator



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Lots of different groups came together