歧視還是把關?荒謬的「境外面談」 新住民的艱難婚姻路|TAHR points out Taiwan’s ridiculous marriage visa interview questions

Taiwan MOFA requires spouses from 21 countries to undergo an incredibly invasive marriage interview to determine whether the marriage is "real." (Photo courtesy of Pexels via NOWnews)

【看CP學英文】隨著跨國婚姻移民越來越普遍,台灣新住民人口已經有50多萬,加上二代人口已經突破百萬大關,是台灣在地不容小覷的新活力,也對豐富台灣多元文化有重要影響。

With the increasing prevalence of transnational marriages, the population of new immigrants in Taiwan has reached over 500,000, and the second-generation population has exceeded the one million mark.

They are a new and vital addition to Taiwan’s local community and have an important impact on the enrichment of Taiwan’s diverse culture.

然而,在新住民議題上,不論是政策面或社會文化層面卻仍不夠友善,不少新住民仍要背負歧視性的偏見與標籤。

However, when it comes to the issue of the new immigrants, the policy, social and cultural aspects in Taiwan are still not good enough, and many new immigrants are still burdened with discriminatory prejudices and stigmas.

台權會秘書長施逸翔與《四方報》淺談新住民的人權問題,以及跨國婚姻制度的不合理規定。

Secretary-General of Taiwan Association for Human Rights (TAHR, 台灣人權促進會) Shih Yi-hsiang (施逸翔) sat down with 4-Way Voice recently to talk about the human rights issues of new immigrants and the unreasonable regulations of the transnational marriage system.

台灣社會過去對東南亞文化的背景不了解,引發很多歧視排外的情形,讓新住民承受不少污名與委屈;而在政策上,給新住民帶來最多困擾的則當屬《國籍法》中的種種不合理規定。

The lack of understanding of Southeast Asian culture in Taiwanese society has led to many discriminatory and xenophobic situations that have caused many stigmas and grievances to the new immigrants; and in terms of policy, the most troubling thing for the them is the unreasonable regulations in the Nationality Act

施逸翔回顧,台灣新住民團體第一次大規模反對的政策是《國籍法》中「財力證明」的要求,該規定要求申請歸化中華民國的外籍配偶需達到一定門檻的財力。這是一項歧視性的排外政策,很多台灣人自己都無法符合這項標準。

Shih recalls that the first major objection to the policy by Taiwan’s new immigrant groups was the “proof of financial resources” requirement in the Nationality Act, which requires foreign spouses applying for naturalization in Taiwan to meet a certain threshold of financial resources.

This was a discriminatory and xenophobic policy, Shih said, adding that many Taiwanese were unable to meet this standard themselves.

此外,過去《國籍法》還有一個不合理的規定,要求這些外籍配偶在歸化成台灣人之前要先放棄原國籍,才能進入國籍申請程序,造成申請者陷入無國籍的困境中,無法回母國,也無法在台灣成為公民,人權狀況受到侵害。

In addition, there was an unreasonable requirement in the Nationality Act in the past that required these foreign spouses to give up their original nationality before they could naturalize as Taiwanese before they enter the nationality application process.

This then led to applicants being caught in the dilemma of being stateless, unable to return to their home countries and unable to become citizens in Taiwan, with their human rights violated.

《國籍法》過去也規定,有「不良素行」者會喪失歸化資格,抽象的用詞引發新住民及人權團體批評。這些不合理的規定最終在各方團體的積極抗爭下終於一一進行修正。

In the past, the Nationality Act also stated that persons who exhibited “undesirable conduct” would be disqualified from naturalization, and the abstract terminology drew criticism from newcomers and human rights groups. These unreasonable regulations were finally amended after protests by various groups.

不過,目前跨國婚姻制度還有一項侵犯人權的大問題,那就是「境外面談」制度。

However, there is another major problem with the current transnational marriage system which violates human rights, and that is the marriage visa interview questions.

外交部針對包括印尼、菲律賓、越南、泰國、柬埔寨等21個國家有特別的跨國婚姻規定,要求婚姻移民在來台前需先在各國的境外外交單位進行面談,以確認「婚姻真實性」。

The Ministry of Foreign Affairs (MOFA, 外交部) has special transnational marriage regulations for 21 countries, including Indonesia, the Philippines, Vietnam, Thailand, and Cambodia, requiring immigrants through marriage to be interviewed at diplomatic units outside of each country to confirm the “authenticity of the marriage” before coming to Taiwan.

除了21國的選定標準模糊,可能有種族歧視的嫌疑,這個原本要預防「假結婚」和「人口販運」的政策,實際執行時,面試官問得卻是「伴侶內衣顏色」、「多久行房一次」等極其私密的問題,如果答的不好或不一致,申請就可能被拒絕。

In addition to the ambiguity of the selection criteria in 21 countries, which may be suspected of racial discrimination, this policy, which was originally intended to prevent “sham marriages” and “human trafficking”, is actually implemented by interviewers who ask extremely intimate questions such as “the color of your partner’s underwear” and “how often do you have intercourse.”

If the answers are not satisfactory or consistent, the application may be rejected.

施逸翔強調,「這樣的面談很多台灣人自己都無法通過,分居的伴侶更是不可能過關,是一項歧視性的不合理政策」。

Shih stressed that “many Taiwanese would not be able to pass such an interview on their own.” He added that it is even more impossible for separated couples to pass the interview, which is a discriminatory and unreasonable policy.

施逸翔特別呼籲,台灣一直是移民的國家社會,尊重多元文化應是我們的優勢,希望政府與民間能從文化平權角度彼此對待、相互尊重,好好思考政策的荒謬性,杜絕這些違反人權的事件。

He emphasized that Taiwan has always been a place where many new immigrants come to build their second home. Respecting diverse cultures should be to our advantage, Shih said.

He expressed hopes that the government and the public can treat each other from the perspective of cultural equality and mutual respect, think about the absurdity of the policy, and put an end to future incidents that violate human rights.