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Concluding Observations on refugee related issues

This past week, the Government of Taiwan invited internationally renowned experts to engage in an independent review of the implementation of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in Taiwan.

Detailed documentation including government reports and shadow reports can be found at the following Government website:  http://www.humanrights.moj.gov.tw/mp205.html

 

With regard to some of the rights relevant to refugees, the following Conclusions/Recommendations were published by the Committee among others:

  • "The Experts recommend the speedy adoption of a Refugee Act, which should also include the principle of non-refoulement in accordance with both Article 33 of the Geneva Refugee Convention, Article 7 ICCPR and Article 3 CAT."
  • "Since Article 9(4) ICCPR is directly applicable in the domestic law of Taiwan, the Experts recommend that any detention orders under the Immigration Act shall immediately be subject to judicial review in full accordance with Article 9(4) ICCPR."
  • "Nationals of the Peoples' Republic of China do not come under the purview of this Act [Article 38 of Immigration Act] and may, therefore, be detained for an unlimited period of time.  The Experts recommend legislative changes to the effect that the limit of 120 days shall be equally applied to PRC nationals."
  • "The Experts...recommend abolition of the mandatory HIV testing requirement and lifting of the respective restrictions on the entry, stay and residence of aliens living with HIV."
  • "Concerned that the prohibition of dual citizenship forces a marriage immigrant to first renounce her original nationality...may lead her to become stateless...Experts urge the Government of Taiwan to take measures legislative or otherwise, to prevent the situation of statelessness of marriage immigrants."

Download the FULL TEXT of the concluding observations.