After more than half a century, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which became legally binding for our country in 1971, finally held its first national report review meeting from April 22 to April 23. This meeting formally concluded today (April 26) with the review committee issuing its concluding observations. Below is the full text of the speech presented by our association concerning the refugee asylum of this review:
During a recent ICERD review meeting, serious concerns were raised about how the Immigration Agency is handling refugee asylum issues. Critics argue that the Agency has been using misleading information to paint a falsely positive picture of its asylum procedures, thereby neglecting significant shortcomings that infringe upon the rights of asylum seekers. One critical issue is the detention of asylum seekers. Despite the Agency’s claim that there would be no detentions, there have been recent reports contradicting this assurance. Earlier this month, our association received reports of two asylum seekers under review by the Immigration Agency being detained by the police and taken to a detention center. One individual was released only after our intervention, having been detained for 10 days. Moreover, contrary to the Agency’s assertions, asylum seekers are not receiving adequate assistance to extend their legal stay or connect with NGOs for educational and life support services. Over half of the asylum cases under review have been pending for more than six months without temporary legal status, leaving these individuals vulnerable to detention. In the meantime, asylum seekers often rely on limited community aid to meet their basic needs.
Moreover, significant concerns were raised about the Immigration Agency's adherence to the principle of non-refoulement. The Agency claims that it initiates an investigation whenever a person facing deportation files an asylum claim. However, in practice, there are no designated asylum claim windows at airports. As a result, individuals who express fears of persecution upon deportation have no formal way to report their concerns and initiate an investigation, leading to potential deportations to countries where their safety is at risk.
These incidents highlight severe communication breakdowns and a lack of clear responsibilities between the units tasked with handling asylum claims and those responsible for detaining and deporting individuals. Therefore, the current asylum procedures exhibit numerous shortcomings that infringe upon the basic rights of asylum seekers. Our association urges the Immigration Agency to critically review and improve the division of responsibilities and information flow mechanisms between its various units. Additionally, the "Temporary Alien Resident Registration Certificate" asylum program needs urgent reforms. Key areas for improvement include the issuance of legal stay permits, establishing clear implementation guidelines, and addressing deficiencies in review timelines and standards. These changes are essential to fully uphold the principle of non-refoulement and protect the fundamental rights of asylum seekers in Taiwan.
Mandarin version ：https://www.tahr.org.tw/news/3520
