English

Remark on Taiwan Initial CCPR and ESCR Review

Good evening, Mesdames and Messieurs,

Taiwan Association for Human Rights have advocated for exiled Chinese dissents, Tibetans, Thai-Burma boarder stateless people to seek asylum and residence in Taiwan. 

9 Chinese dissents and hundreds of Tibetans and Thai-Burma boarder stateless people have stayed in Taiwan for more than 8 years, some of them have naturalized, many only have short term or long term visas and are not permitted to work and cannot enjoy any health insurance, social insurance and social security against ESCR article 6 and 9. 

When an asylum seeker enters Taiwan illegally, they are likely to stay as an illegal immigrant or be sent to a Foreigner Detention Center for months. Detention is prolonged and there is no appeal or remedy available against CCPR article 10. Foreign detention center in Taiwan has detained pregnant women, those with disabilities, and children against CCPR article 23 and 24 and ESCR article 10. 

The government report states in Paragraph 140 the thousands of illegal immigrants who are deported each year, it states in paragraph 141 that there are no asylum-seekers in custody. But we know that there are Burmese, Chinese, Pakistani, and other populations in detention, and that there are no laws or procedures for identifying and protecting refugees among them. The fear is that if there are refugees in Taiwan now, and that refugees are regularly being deported from Taiwan, because there is no mechanism to identify them, let alone protect them. This is against CCPR article 7 and 13 and general comments no. 20. Even in the draft of Refugee Act proposed by the government, the “non-refoulement” principle is not included; broad discretion is granted without appeal available for decisions, and the draft will exclude Chinese dissents and Tibetans who make up a significant population in Taiwan. It will be ridiculous to pass a law but no current cases could be applied and protected. 

The stateless issue has also become more and more serious in Taiwan as Madame Legislator noted this morning in reference to foreign spouses. About 200 women already became stateless and cannot work and enjoy any social insurance and social security.

We strongly recommend the following suggestions.

1. Government should pass the Refugee Act and ratify refugee convention as soon as possible to identify and protect the asylum seekers and stateless people in Taiwan.
2. The draft of the Refugee Act should include “Non-refoulement” and ensure at least those rights included in the Refugee Convention.
3. Asylum seekers, stateless people, particularly vulnerable groups such as pregnant women and children shouldn’t be detained in the detention center, related information and assistance should be provided by the government.
4. The draft of Refugee Act should be applied to the all asylum seekers; otherwise the Act Governing the Relations between people of Taiwan and China should be revised along with the passing of the Refugee Act.

Thank you very much for your patience.