碩士 / 中國文化大學 / 政治學研究所碩士在職專班 / 95 / After “Special state-to-state relations” and “Consensus of 1992” the relationship between Republic of China (ROC) and People’s Republic of China (PRC) has been worsening. As a result, after the end of negotiation between Straits Exchange Foundation (SEF) and Association for Relations Across the Taiwan Straits (ARATS) in 1999, yet neither sides have taken any action to solve the problems. In the situation where both governments cannot negotiate any deal concerning fishermen and trawlers, even with their long-time contribution to the Taiwanese fishing industry, ended up working under table in order to survive. Without law enforcement and protection, issues such as minimum wage, safety, stow away, on-board murders, deporting, health and sanitary, national security, and public security, all became the problems for these mainland Chinese fishermen.
In December 29th 2001, PRC’s Department of Commerce realized mainland Chinese fishermen did not have the reasonable treatment and placement, thus announced the “Issues concerning a possible stop to all fishermen working with Taiwanese trawlers.” PRC then decided to stop all fishing workforces to Taiwan. In February 1st 2002, PRC officially declared the suspension of all fishing workforces toward Taiwan, thus impacted the fishing work force market. Such impact caused the ROC government to consider the re-construction of recruiting strategy for fishing work forces. In January 2001, the Fisheries Agency, Council of Agriculture officially declared the “Mainland Chinese fishermen hiring permit and management for Taiwanese trawler owner.” At the same time, the agency also set up resting center for mainland Chinese fishermen for their temporary stay during the typhoon season. These centers are in the following: Batouzu harbor, Keelung; South Suau harbor, Yilan; Nanliao harbor, Hsinchu; Wu-Tong Harbor, Taichung; Donggang Harbor, Pingtung. Even so, such operation cannot solve the problem completely. The mainland Chinese fishermen are confined inside the center, which do not fit for human right standards. In the end, all operations in practice still can not solve treatment and security problems.
In 2006, PRC re-opened the distribution of fishing work forces to Taiwan. In order to coordinate with the Taiwanese fishing industry, the Ministry of Commerce of PRC also authorized the “Coordination Commission for the Cooperation between Taiwan Strait for Fishing Work Force.” However, the Fisheries Agency of ROC never acquired the authorization from the Mainland Affairs Council to appoint private company to act as the counter part. Under these circumstances, the government of ROC should revise The Statute Governing the Relations Between the Peoples of the Taiwan Area and the Mainland Area: mark mainland Chinese fishermen as civilian with special professions. As a result, these fishermen can be introduced officially under special amendments. On the other hand, the government should also pass laws concerning the management of these fishermen to solve all current problems. According to The Statute Governing the Relations Between the Peoples of the Taiwan Area and the Mainland Area Article 10: the people of mainland China will not be allowed to enter Taiwan unless authorized by official agencies, and the people of mainland China with authorization cannot do what he or she was not authorized for. The details will be composed by agencies in charge, and will be authorized under the Executive Yuan. Therefore, I suggest the Fisheries Agency of ROC can act according to this statue and acquire the authorization from the Executive Yuan. The workforce management companies in mainland China can enhance training, thus with professional skills the mainland Chinese fishermen will be treated as civilian with special professions. As a result, an amendment will be formed in order to establish the wage, insurance, and settlement.
As long as the relation between ROC and PRC does not change, both sides will not be able to settle and coordinate the fishermen problems. Thus, I suggest the following:
1. The Fisheries Agency should encourage fisherman union in each city and county to form “Community”, which acts as an agency for fishing workforce. This community will act as a one to negotiate with the workforce management companies in mainland China. In the negotiation, the community should provide information regards the minimum wage and reasonable treatment, and at the same time requests labor that meets the all standards. Also monitor their behavior to avoid stow away and on-board murder. Ultimately, the community can avoid mainland China appointing their own labor agency, so they will not gain profit through bribery and avoid the trawler owners’ complaining.
2. Each fishing related agencies and coast guards should have a consensus with the community: fishermen without authorization from the community cannot enter the territorial sea or the resting center. As a result, there will be no security loop-hole which fishermen can easily enter with an “identification pass.”
3. Depends on different needs, fishing related administrations should authorize fishing related agencies to set resting center. Further more, each center should be well constructed with proper environment and standard sanitary level. Coast guards should avoid entering the center to inspect or attempt to control, in order to preserve the standard human rights.
4. In some situation, coast guards and county/city fishery agencies arrest mainland Chinese fishermen for illegal trespassing. These fishermen are arrested under the account where their purpose of entering do not match the ones they were authorized for, according to National Security Policy Article 3, Paragraph 1 and Article 6, Paragraph 1. On the other hand, trawler owners and captains are sent to court according to The Statute Governing the Relations Between the Peoples of the Taiwan Area and the Mainland Area Article 15, Paragraph 1 and Article 79, Paragraph 1. In these situations, the community can hire attorney in order to provide proper defense in court for the accused fishermen, trawler owners and captains. Thus, the community will properly display the respect for human right which the Republic of China is built upon with.
| Identifer | oai:union.ndltd.org:TW/095PCCU1227010 |
| Date | January 2007 |
| Creators | chu cheng kun, 朱振坤 |
| Contributors | 曲兆祥 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 236 |
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