Like similar offspring
of cross-cultural couples, Li-li faced the choice of relinquishing
her American citizenship to become an ROC national or maintaining
foreigner status but having to obtain the Alien Resident Certificate
each year. She opted for the latter, meaning that over the past
two decades she has had to make a flight out of Taiwan every six
months upon the expiration of her residence permit. After obtaining
validation of her documents overseas, she could return to live on
the island for another six months before having to repeat the tiring
and costly process. "Often I took the first morning flight to Hong
Kong and turned right around to return to Taiwan the same afternoon.
I felt like I was a migratory bird," said Li-li, who did not want
to reveal her surname.
Many other frequent
flier offspring with non-ROC fathers have had to endure the same
roundabout routine. And for some of them, the identity problem was
even more serious. In certain divorce situations, children of foreign
fathers and ROC mothers became stateless in Taiwan if they did not
declare a nationality by the time their parents' marriages were
dissolved.
But such discriminatory
practices have now become part of Taiwan's past. Under recently
implemented revisions to the nationality law, ROC citizenship can
be obtained by children of cross-cultural couples in which the husband
is a foreigner.
With the ROC's enthusiastic
presidential election recently concluded, the fact comes to mind
that the new law even makes it possible for a future president of
the nation to be the offspring of a non-ROC father.
After nearly a decade
of legislative effort, the revised law, which became effective in
February, recognizes both the father's and mother's nationality
as a basis for the children gaining ROC citizenship. During the
71 years since the original regulations were promulgated in 1929,
a child was denied ROC citizenship if his or her father was a non-ROC
national even if the mother held ROC citizenship.
The revisions also enable
foreign spouses of ROC citizens to apply for naturalization. To
be eligible for ROC citizenship, the spouses need to have lived
in Taiwan for at least 183 days in each of the past three years.
Wang Jui-ko is a Taiwanese American who faced difficulties under
the old law. He said the identity issue did not bother him seriously
until his Taiwanese wife gave birth to their first baby. The young
boy remained stateless until he was 5 years old, when his case attracted
support from the Pearl S. Buck Foundation and the American Institute
in Taiwan, leading to his naturalization as an ROC citizen.
"My family was like
a seed carried on the wind," Wang said. "We were unable to control
our own fate." Before the implementation of the new law, cross-cultural
offspring existed in a state of limbo. They could acquire Alien
Resident Certificates by way of the relationship with their mothers,
enabling them to stay in Taiwan legally. However, after reaching
the age of 20, they were required to provide valid reasons for renewal
of the ARCs each time the permits expired. Moreover, being without
ROC citizenship, these children were not entitled into attend Taiwan's
public schools.
Government statistics
indicate that through 1999 there were 16,537 foreign spouses of
ROC nationals in Taiwan. Among these spouses, 2,009 were males.
Starting in 1993, groups
of cross- cultural couples occasionally held demonstrations at the
Legislative Yuan building to express frustration on how the outdated
regulations were barring their children from citizenship. Eventually,
they gained the support of legislators, who agreed that the regulations
were obsolete in this age of the multicultural global village.
As measures to accommodate
cross-cultural couples were being adopted one by one in other Asian
countries, it became all the more evident that the ROC regulations
were way behind the times. The internationalization trend added
leverage to the push for new legislation in Taiwan.
"The revisions are a
big step forward in Taiwan's population policies and they represent
progress toward equality of the sexes," said Sandy Taylor, Taiwan
director for the Pearl S. Buck Foundation, which is a leader in
the drive to help stateless children.
Local media described
the law as an inevitable step in the protection of human rights.
The Ministry of the
Interior said the revisions apply to cross-cultural offspring who
had not reached their 20th birthday as of Feb. 9, the promulgation
date of the new law.
But along with the right
to acquire ROC nationality comes the responsibility to fulfill the
duties of a citizen. For instance, the male offspring will be required
to satisfy compulsory military service, the MOI noted. Any young
male granted citizenship under this legislation who wishes to avoid
military conscription must apply to relinquish the ROC citizenship
of himself as well as his parent before he reaches 15 years of age.
In another area, the
revised law does not lift the restriction on dual nationality for
ROC civil servants. However, it does include provisions which slightly
ease the regulations on academics and experts in technical fields
who wish to maintain duality.
Analysts view these
provisions as a pragmatic step. They said the eased rules on academics
and technical experts will make it easier to persuade Taiwan talents
who are working overseas to return home to dedicate their specialized
knowledge toward the betterment of local society.