PRC ASYLUM SEEKERS IN TAIWAN TREATED ADEQUATELY

C O N F I D E N T I A L SECTION 01 OF 03 TAIPEI 001384

SIPDIS

E.O. 12958: DECL: 09/17/2023
TAGS: PREF PHUM PGOV PREL CH TW
SUBJECT: PRC ASYLUM SEEKERS IN TAIWAN TREATED ADEQUATELY
BUT SOME EXPRESS FRUSTRATION

REF: A. TAIPEI 1368

B. TAIPEI 0799

C. TAIPEI 0561

Classified By: AIT Director Stephen M. Young,
Reasons: 1.4(B/D)


1. (C) Summary: The Taiwan authorities provide haven (in
theory temporary but in practice indefinite) and modest
subsistence to PRC asylum seekers they determine are bona
fide political dissidents who would face persecution if
repatriated. Without a refugee law, the government here says
it cannot approve requests for permanent asylum in Taiwan,
but it does assist asylum seekers in forwarding requests for
resettlement in other countries. Currently, AIT is aware of
five PRC dissidents in this category, including Cai Lujun and
Wu Yalin, who climbed over an AIT wall and requested
political asylum on September 10. (reftel A) Cai and Wu
expressed frustration over the small amount of their
subsistence payment and at being unable to work or to have a
standard ID, which would make their situation here more
convenient and comfortable. Cai and Wu, who previously
protested at the Presidential Office, may hope media
attention will pressure the Taiwan government to improve
their treatment, for example, by increasing their subsistence
and allowing them to work legally. Following the incident at
AIT, the Mainland Affairs Council (MAC) publicly pushed for
passage of the draft refugee law and other measures to help
the asylum seekers, but near-term prospects for such steps
remain unclear. End Summary.

PRC Political Dissidents
--------------


2. (C) On September 10, PRC nationals Cai Lujun and Wu Yalin
climbed over an AIT wall and eventually held up a sign with
the words "Political Asylum." They were taken to a small
police station adjacent to AIT, where they were questioned by
police and AIT. AIT did not press charges for trespassing
and Cai and Wu were turned over to the MAC, which released
them almost immediately after departing the police station.
Cai and Wu are part of what, according to press reports, is
now a total of five PRC democracy activists who have arrived
in Taiwan in recent years, requested political asylum, and
been allowed to stay. After verifying that such individuals
are bona fide political dissidents, Taiwan,s policy is to
give them temporary haven, provide modest subsistence, and
seek their resettlement in a third country. Taiwan also
contacts UNHCR on behalf of asylum seekers.


3. (C) Listed by date of arrival in Taiwan, the five PRC
political dissidents named by the media are: Chen Rongli -
January 2004, Yan Peng - June 2004, Yan Jun - January 2006,
Cai Lujun - July 2007, Wu Yalin - December 2007. Our
understanding is that Wu entered Taiwan legally as part of a
tour group, whereas the other four entered Taiwan illegally.
To our knowledge, Taiwan has not yet been able to secure a
resettlement country for any of these five dissidents. In
another case, according to press reports, Taiwan deported PRC
national Jia Jia to Hong Kong in October 2006 after Jia left
his tour group and requested political asylum in Taiwan.

Other PRC Asylum Seekers
--------------


4. (C) In addition to the PRC democracy activists, there are
also at least four PRC people affiliated with Falungong who
are seeking asylum. We recently received a copy of a fax
dated August 25, 2008, from TECRO Representative Jason Yuan
to AIT/W. The fax contains information on four PRC
individuals who "would like to seek political asylum from the
U.S. government." The four individuals are Mr. Li Xiaozhu,
Mr. Fang Longchao, Mr. Tang Xuejun, and Ms. Sun Xiaomei.

Policy Toward PRC Asylum Seekers
--------------


TAIPEI 00001384 002 OF 003



5. (C) Taiwan maintains that it cannot approve requests for
permanent asylum in Taiwan because it does not have a refugee
(asylum) law. A draft refugee law was submitted to the
Legislative Yuan (LY) by the previous DPP administration last
year, but the KMT-controlled LY did not act on it. Although
MAC has stated that the bill is being resubmitted and that it
is pushing for early passage, a National Immigration Agency
official told AIT that he was not sure when or if the bill
would be placed on the LY agenda. Therefore, it is not clear
whether the LY might act on the refugee bill this session.
Under Taiwan,s current policy, PRC dissidents are in an
indefinite state of limbo because they have only temporary
though extendible 3-month visas and do not have the right to
work nor do they have the government-issued IDs that people
here need to conduct much ordinary business. (Note: We
understand that the hesitancy in adopting a refugee-asylum
law may be attributable in part to an unwillingness to
encourage "refugees" from mainland China who could flood
Taiwan if permitted easily to resettle here.)


6. (C) Cai and Wu have complained that the subsistence they
receive from the Mainland Affairs Council (MAC) ) NTD 10,000
(a little more than USD 300) per month ) is enough to pay
for food or housing but not for both. We understand from MAC
that the other three PRC dissidents, who have been here
longer, are receiving NTD 20,000 per month because MAC,
realizing they were unlikely to be leaving Taiwan this year,
requested a regular budget item for their subsistence. Cai
and Wu, on the other hand, are paid from a smaller pot,
consisting of emergency funds and funds redistributed from
other MAC accounts.


7. (C) Cai and Wu have made efforts to call media attention
to their situation and their feelings of frustration. Prior
to climbing over AIT's wall, Cai and Wu tried to hold a
hunger strike protest outside the Presidential Office in
early July. Cai also entered the Canadian trade office this
summer seeking asylum but was persuaded to drop the effort
and leave. Following a statement to the press by AIT that
Cai's case should continue to be handled by Taiwan
authorities, Cai publicly criticized the U.S. So far,
however, most of the Taiwan media and public have shown only
limited interest in their story. One of the main goals of
Cai and Wu may be to pressure the Taiwan government to give
them better treatment, for example, a larger subsistence and
permission to work.


8. (SBU) Following the incident at AIT, the MAC spokesman
expressed hope that the LY would pass the refugee law during
the upcoming session which begins September 19. In addition,
he said MAC has requested the Council of Labor Affairs to
work on a plan that would allow Chinese dissidents who have
applied for resettlement in a third country to legally work
in Taiwan while they are awaiting resettlement. The MAC has
also asked the National Immigration Agency (NIA) to find a
legal basis that would allow the PRC dissidents to have a
more convenient stay in Taiwan.

PRC Asylum Seekers Receiving Adequate Treatment
-------------- --


9. (C) Although Cai and Wu have expressed frustration, they
do not appear to face any risk of mistreatment or
persecution, serious hardship, or repatriation while in
Taiwan. From a humanitarian standpoint, MAC seems to be
doing an adequate job in meeting their most immediate needs.
If Taiwan takes the various steps recommended by MAC, that
would help to improve substantially the situation of Cai, Wu,
and the others. For the cases of Cai and Wu, we do not see
any U.S. interest other than humanitarian concern to monitor
that they continue to receive appropriate treatment by the
Taiwan authorities.

Cai Lujun
--------------


10. (C) We have reported previously on Cai (reftels) and are

TAIPEI 00001384 003 OF 003


not planning to take further action on his case at this time.
MAC informed us it has asked the Foreign Ministry, on his
behalf, to forward to us his request for asylum in the United
States. However, we have not yet received such a request,
which normally would come from TECRO.

Wu Yalin
--------------


11. (C) This is our first contact with Wu Yalin, who, MAC
told us, entered Taiwan legally on a tourist visa about nine
months ago and then requested political asylum in Taiwan.
When Taiwan officials asked him where he wanted to go for
resettlement, he did not express a wish to resettle in the
U.S. Wu told AIT he was jailed in China for nine years for
opposing (the local government). Although subsequently
cleared, he said he was jailed and beaten when he tried to
seek restitution for his imprisonment. Subsequently, he was
sent home to Sichuan where he distributed a Falungong
publication: "Nine Commentaries on the Communist Party." Wu
said he decided to flee after he heard the authorities were
planning to send him to "Reeducation Through Labor" for three
years. Wu argued that Taiwan should accept his application
for asylum and he also complained about his meager
subsistence allowance and not having the right to work. Wu
said he was requesting asylum because he believed in the U.S.
We are not planning at this time to take further action on
Wu's case.
YOUNG