Kenya abused rights of Taiwanese nationals

On Monday, August 8, five Taiwan nationals held in a police station in Nairobi were forcibly deported to China together with 35 Chinese even though they had been acquitted and regardless of a court order instructing that “the accused persons be repatriated to their countries and in particular Accused A36 - A40 be taken to Taiwan”. The court order was issued on August 5, 2016, by Senior Principal Magistrate J. Gandani.

The Kenyan Foreign Cabinet secretary, Ms Amina Mohamed, held a press conference on August 10 to defend her decision by stating that Kenya only recognises a “one China” policy. This statement flies in the face of the dignity of the court by defying the order delivered by the magistrate and breaches international law.

This generic excuse of “one China” policy with a view to justifying these illegal deportations does not hold any weight when one considers that Kenyan officials granted visas to the acquitted Taiwan nationals based on their Taiwanese passports, thereby officially acknowledging their country of origin. It is also in stark contrast to a previous case of two Taiwan nationals deported to Taiwan on January 8, 2015, and a further eight deported on January 29, 2015. These deportations took place in spite of the fact that Kenya declared that it does not differentiate between Taiwan and China. Kenya’s assertion that it does not recognise Taiwan can, therefore, be wholly discredited.

OWN PASSPORTS

Of note is the fact that Taiwan has her own passports distinct from China. No Chinese government official, including President Xi Jinping, can enter Taiwan without immigration clearance from the Taiwanese government. If indeed Taiwan is part of China, why would President Xi require clearance to enter his own territory?

The Chinese Foreign Affairs minister’s presence during Ms Mohamed’s press conference defending the decision to deport the Taiwanese nationals to China also speaks volumes. The talk of “projects funded by the Chinese government” and “support from the Chinese government in training” during the press conference raises a few eyebrows.

It seems plausible that Kenya decided long ago what the outcome of this deportation case would be and that in trying to sustain good relations with China, it has traded the order of law for assistance from China. Kenya has sacrificed these five individuals’ rights for political expediency and advantageous gain from Beijing.

Foreign Affairs Principal Secretary Monica Juma reiterated on another occasion that deportations are processed “according to the Kenyan laws” and yet the ministry blatantly ignored the court’s ruling and the judge’s order that the five, who hold Taiwanese passports, be returned to Taiwan.

Furthermore, the passports of the five were revoked by Taiwanese government before the deportation, which would make it technically impossible for them to travel. In order for the Taiwanese nationals to travel, the Kenyan authorities would need to obtain proper and official travel documents for them from the Taiwanese government. However, they were still illegally expatriated to China against their will. This amounts to a breach in the civil aviation law and is tantamount to stowing away foreign nationals without proper documents.

A travesty of justice has occurred. Numerous attempts from this office have fallen on deaf ears, with the result being that five Taiwanese nationals now find themselves in China without any hope of receiving a fair trial or any expectation of having their human rights respected.

Kenya has irreparably damaged its reputation as a democratic country that upholds local and international laws.

John Chen is the representative of the Taipei liaison office in the Republic of South Africa; [email protected].