In 2023, while the pandemic situation eased, conflicts persisted globally, and civil society faced severe oppression, what human rights events occurred in Taiwan in 2023? Before the Lunar New Year, we have compiled TAHR's top ten human rights news with quality and reliability. Let's take a look together!
2023年疫情趨緩，然而國際間戰火不止，公民社會也受到嚴峻壓迫。在台灣，2023年發生了哪些人權事件呢？我們在農曆年前整理了品質嚴選有保證的台權會十大人權新聞，一起來看看！
1. 23 Million Citizens' Personal Data Leaked; Government Urged to Prevent ID Number Misuse and Improve Leak Notifications
In 2020, our organization, alongside various groups, filed a preventive injunction litigation that challenged the mandatory implementation of chip/digital IDs under the New eID policy, seeking to mitigate the sweeping reissuance mandated by the policy. Citizens who refuse the compulsory issuance of chip/digital IDs may face the consequence of being unable to vote once their old IDs expire. Last year (2023), the Taipei High Administrative Court dismissed the case, citing a low likelihood of publicly announcing "old ID expiration," which did not meet the criteria for a “Preventive Injunction Litigation". However, the court underscored the profound impact of chip IDs on individual privacy and autonomy over information, highlighting inconsistencies with the principle of legal reservation
Preventive Injunction Litigations are uncommon in Taiwanese legal practice and lack relevant successful precedents. Despite the inability to halt future mandatory reissuance, the lawsuit has achieved interim progress. The Executive Yuan temporarily suspended the policy and committed to legislative amendments. Additionally, the Ministry of the Interior revised photo management regulations related to chip IDs, introducing an option for "non-chip IDs" as a baseline for digital ID policies. Taiwan should prioritize limiting the linking and gathering of personal data, adhere strictly to data minimization principles, and refrain from fully transitioning to a digital identification system. Moreover, comprehensive considerations should be made for unreasonable ID inspection and data collection scenarios, providing alternatives like non-chip IDs to prevent personal data misuse and mitigate the risk of evolving into a society under stringent real-name registration requirements.
Further Reading
https://www.tahr.org.tw/news/3299
https://www.tahr.org.tw/news/3374
2. Stage Objectives Achieved in eID Litigation: Individuals Should Have the Option of a "Non-Chip ID Card" as a Policy Baseline
In 2020, our association, along with various groups, initiated a preventive injunction litigation regarding chip-based ID cards. This action aimed to mitigate the predicament where citizens refusing the mandatory issuance of chip/digital ID cards under the comprehensive New eID policy would face the inability to vote once the old cards were declared invalid. The Taipei High Administrative Court ruled last year (2023) in May to dismiss the case, noting that the current likelihood of declaring the old cards invalid was low, and thus did not meet the criteria for a "preventive nonfeasance" lawsuit. Nevertheless, the court's reasoning highlighted that chip-based ID cards significantly impact individual privacy and information autonomy and indicated that the current plan contradicts the principle of legal reservation.
preventive injunction litigations are rare in Taiwanese legal practice and lack successful precedents. Although this litigation cannot prevent future mandatory reissuance, it has achieved interim results. The Executive Yuan has announced a postponement of the policy and committed to related legislative amendments. The Ministry of the Interior has also revised the photo management regulations concerning chip-based ID cards, suggesting that offering the option of a "non-chip ID card" should be the baseline for the digital ID policy. Taiwan should emphasize limitations on the linkage and collection of personal data, adhering to the principle of data minimization, and should not fully digitalize the existing identification system. It should also consider unreasonable scenarios of ID card inspection and usage, providing the option of a non-chip ID card to prevent misuse of personal data and the risks of a real-name registration society.
Further reading
https://www.tahr.org.tw/news/3354
https://www.tahr.org.tw/news/3370
3. Amendments to Immigration Law Completed, But Refugee and Migrant Worker Rights Still Need Explicit Protection**
In January 2023, the Executive Yuan announced a draft amendment to certain provisions of the Immigration Act, which significantly increased fines for foreign nationals (or Taiwanese nationals without household registration) who overstay their visas or residence permits, raising them to 15 times the original amount. We assert that these heavy fines fail to address the structural issues arising from longstanding inequitable migrant labor policies, and instead, they may exacerbate discrimination and the adverse conditions faced by migrant workers. What truly needs to be amended are the issues such as the inability of migrant workers to freely change employers, exploitation of labor by employers, and excessive brokerage fees. Consequently, following attention from civil groups and negotiations among legislative committees, Article 74-1 was amended to lower the fines to 5 times, ranging from NT$10,000 to NT$50,000. However, these groups still regard the amendments as discriminatory and insufficient to resolve the issue of missing migrant workers in Taiwan.
Furthermore, Article 22 of the Immigration Act remains unchanged and fails to explicitly protect the rights of those seeking asylum in Taiwan. The revised Article 29 claims to allow only foreign nationals with “legal residency” to petition and hold peaceful assemblies on grounds of national security, unnecessarily infringing upon the right to peaceful assembly as stipulated by human rights conventions, marking a regression in Taiwan’s human rights system. The amendments to Articles 36 and 65, which ensure the right of foreign nationals to be accompanied by legal counsel, are commendable. Finally, we urge the Taiwanese government to promptly enact a Refugee Law and adjust the current regulations and policies governing migrant workers to simultaneously safeguard the human rights of asylum seekers and ensure fair labor rights for migrant workers in Taiwan.
Further Reading
https://www.tahr.org.tw/news/3310
https://www.tahr.org.tw/news/3363
https://www.tahr.org.tw/news/3335
https://www.tahr.org.tw/news/3371
https://www.tahr.org.tw/news/3466
4. Major Victory in Land Expropriation Cases for Aerotropolis Airport Zone! Constitutional Court Review Sought for Violations
On June 12, 2023, the lawsuits challenging the land expropriation for the Aerotropolis Airport Zone resulted in a significant victory. Residents and their legal team persisted, achieving a favorable ruling from the Taipei High Administrative Court, and with no further appeal by the authorities, the victory is now confirmed. This ruling marks a critical milestone in Taiwan’s land expropriation system. The legal team hopes this decision will serve as a warning to all agencies involved in land expropriation, emphasizing that all expropriation must meet the criteria of public interest, necessity, and proportionality.
Additionally, on March 10, 2023, we assisted the legal team representing the Yangmei Sports Park in submitting a petition for constitutional interpretation to the Constitutional Court. This petition challenges the Land Expropriation Act and the specific expropriation case, urging the court to thoroughly examine the individual case circumstances, as well as the loopholes and rights infringements within the Land Expropriation Act.
Further Reading
https://www.tahr.org.tw/news/3393
https://www.tahr.org.tw/news/3398
https://www.tahr.org.tw/news/3337
5. Human Trafficking and Forced Labor Issues in Taiwan Persist, Ministry of Labor Absent from Anti-Trafficking Workshop
On June 16, 2023, the U.S. Department of State released its annual “Trafficking in Human Persons Report”. Although Taiwan remains at Tier 1, the report highlighted ongoing issues in combating human trafficking and labor exploitation. It noted that the Taiwanese government continues to fall short in investigating and prosecuting cases of labor exploitation involving Taiwanese off-shore fishing fleets. Furthermore, Taiwan's off-shore fisheries were listed for the second time in the "List of Goods Produced by Child Labor or Forced Labor." The Coalition for Human Rights for Migrant Fishers, in which our association participates, urges the government to amend the law, strengthen enforcement, and include civil society participation to fully address human trafficking issues.
The National Immigration Agency of the Ministry of the Interior also held a two-day “International Workshop on Combating Human Trafficking” in September 2023. However, regarding forced labor issues, including those affecting foreign fishermen and domestic workers, the Ministry of Labor's absence from sessions concerning domestic workers and the International Labour Organization's Convention No. 188 (C188) was deemed irresponsible by advocacy groups. The groups emphasized that the Ministry of Labor should not avoid its responsibilities, especially for sessions critical to its role, and they continue to call for the abolition of the dual-track employment system for foreign fishermen. They assert that the Ministry of Labor should act as the labor authority for all foreign fishermen and fully address the structural issues underlying forced labor.
Further Reading
https://www.tahr.org.tw/news/3405
https://www.tahr.org.tw/news/3451
https://www.state.gov/reports/2023-trafficking-in-persons-report/taiwan/
6. The TMRT Incident on May 10, 2023, Resulted in 1 Death and 14 Injuries; Civil Groups Demand the Truth and Question the Taichung City Government's Report
At 12:27 PM on May 10, 2023, a public safety accident occurred at the Highwealth Construction site near the Feng-le Park Station of the Taichung MRT. This incident resulted in 1 death and 14 injuries. The sole fatality was Professor Lin Shu-ya, an activist committed to defending human rights. However, the truth about this man-made safety accident remains unclear, and responsibility has not been established. Anyone riding the MRT or passing by construction sites could be at great risk during the construction period.
Two months after the incident, the Taichung City Government, in response to the Taichung City Council's request, submitted an "Administrative Investigation and Post-Incident Report on the Major Transportation Accident of Taichung MRT on May 10, 2023" to the council. However, this report was not made public for examination. Civil groups, after obtaining and reviewing the report through council members, found that the Taichung City Government did not respond to the legally required public information requests, avoided all substantial questions, and attempted to shift blame onto Taichung MRT and Highwealth Construction to cover up the government's supervisory and management responsibilities.
In response, civil groups are calling on the public not to let this incident be forgotten. The groups continue to work on petition and have established an information platform to keep updating on the TMRT incident until the truth and responsibilities are clarified.
Further Reading
https://www.tahr.org.tw/news/3431
https://www.tahr.org.tw/news/3431
7. Forced Disappearance of Li Yanhe: Groups Urge the Chinese Government to Immediately Cease Secret Detention and Torture
On his trip to Shanghai in March 2023 to handle his application for Taiwanese citizenship, Li Yanhe (Fu Cha), editor-in-chief of Gūsa Press, was secretly detained by Chinese police and national security agents. His disappearance remained unknown until April 20, drawing widespread attention. At a press conference, Taiwan Affairs Office of the State Council acknowledged that Yanhe was under investigation for alleged activities endangering national security and intentions to split the country. Taiwanese civil groups are urging the Chinese government to adhere to international human rights standards, safeguard Yanhe’s rights, and release him immediately.
Fu Cha's forced disappearance highlights China's systemic and institutional human rights violations, posing significant threats to democracy. The Chinese government should cease human rights abuses, including torture, and implement systemic reforms and accountability measures. Fu Cha may face "Residential Surveillance at a Designated Location" (RSDL) under Article 75 of China’s Criminal Procedure Law, a procedure criticized by UN special procedures for risks of torture and human rights violations. We demand the Chinese government ensure Fu Cha’s legal rights, disclose his current whereabouts, and allow him contact with his lawyer.
As a signatory to the the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, China is obligated to ensure fair trial rights and basic human rights. During RSDL, Fu Cha should not be subjected to torture or inhumane treatment. Chinese police and national security agents must comply with relevant legal provisions. We call on the Chinese government to respect international human rights law, allow visits from Taiwanese family members, and release Fu Cha, enabling his safe return to Taiwan.
Further Reading
https://www.tahr.org.tw/news/337]
8. Ongoing Conflicts in Myanmar and Ukraine, Escalation in Gaza Strip Aggravates Human Rights Violations
In 2023, international society remains turbulent. The Russian invasion of Ukraine has lasting for over two years, the Myanmar military's persecution of its people continues for almost three years, and the largest conflict in nearly half a century between the Israeli government and Hamas erupted in 2023. The expansion of authoritarian violence has led to significant casualties across various regions, with the use of arrests, assassination of dissenters, and the suppression of different voices through social media and emerging technologies (such as deepfake videos and biometric identification), further shrinking civic space worldwide.
In response to the international situation, our association remains steadfast in its stance against global authoritarianism, actively supporting and voicing solidarity with oppressed civil societies. We continue to participate in the B4Ukraine movement, initiated by multiple international organizations, and co-host press conferences with other civil groups to announce the “List of Taiwanese Enterprises Not Withdrawn from Russia,” aiming to monitor and condemn large companies that remain in the Russian market for commercial interests, thereby cutting off the economic resources behind Russia's aggression.
Regarding the atrocities committed by the Myanmar military, we, in collaboration with the Taiwan Support Myanmar Alliance, formed by Burmese pro-democracy activists in Taiwan, and Taiwanese civil groups and legislators, held a support press conference last year (2023). We issued a public statement rejecting the recognition of Myanmar's military sham elections and urged the Taiwanese government to fulfill its humanitarian obligations by providing substantial and necessary humanitarian assistance to Myanmar people seeking asylum in Taiwan.
Confronting the complex conflict between Israel and Hamas, our association attended a seminar organized by New Bloom. From a human rights perspective, we condemned the Israeli government's prolonged and comprehensive oppression of the Palestinian people and Hamas's ruthless attacks on Israeli civilians.
Further Reading
https://www.tahr.org.tw/news/3321
https://www.tahr.org.tw/news/3324
https://www.tahr.org.tw/news/3339
https://www.tahr.org.tw/news/3477
9. Pingtung Mingyang Fire Leads to Firefighter Deaths, National Day Rally Calls for Government Reform
On September 2, 2023, a major fire broke out at the Mingyang factory in the Pingtung Science and Technology Industrial Park, resulting in the tragic deaths of 4 firefighters and 6 workers, and injuring over 100 employees. Following the incident, the National Association for Firefighters' Rights raised three reform demands: "Ensure Job Safety, Demand Public Safety, and Form Unions." They initiated a protest action on Ketagalan Boulevard, named the "National Mourning Day Overnight Vigil," from October 9 to October 10. The vigil was to commemorate the firefighters who died in the blaze and to urge the government to respond to the reform demands.
However, on the eve of the event, the Taipei City Police Department's Zhongzheng First Precinct issued a statement saying that Ketagalan Boulevard was already subject to control measures due to National Day series activities, and therefore the application for road use rights was not approved, making it an "illegal assembly without permission." However, the group contended that neither the "Proclamation of the 112th National Day Celebration by the Central and All Sectors Preparatory Committee" nor the associated traffic control announcements clarified the legal grounds for the Preparatory Committee, composed of various government departments with public authority, to impose such comprehensive restrictions on the use of the space.
The purpose of this rally is to advocate for public safety, occupational safety reforms, and other life-and-death issues. Forming a union is crucial for fighting for the labor conditions of firefighters. Moreover, the working conditions of firefighters directly impact their ability to carry out disaster prevention and rescue operations, which serve the public interest. The government should not deny firefighters’ freedom of association on the grounds of their status as public servants. Firefighters need to voice their concerns through the assembly on Ketagalan Boulevard to raise public awareness about the importance of forming unions among firefighters.
Further Reading
https://www.tahr.org.tw/news/3453
10. Countdown to the Election: Who Will Get Your Vote? See Who Supports Human Rights! The Taiwan Association for Human Rights Releases Eight Key Human Rights Questions and Party Commitments
Ahead of the 2024 Taiwan Presidential Election, our association posed questions to presidential candidates and party offices, focusing on eight key areas: human rights abuses in China, treatment of migrant fishers and forced labor, refugee asylum policies, institutional reforms to protect housing rights, digital human rights protection, freedoms of assembly and association, police powers, and how to deepen human rights systems.
After a month of collecting responses, we held a press conference on December 28, 2023, revealing the commitments of each candidate and party. All three major party presidential candidates fell short on the issues. The Democratic Progressive Party (DPP) mostly continued with existing policy directions but lacked specific commitments, often emphasizing social dialogue and consensus. The Kuomintang (KMT) appeared to have done their homework but were contradicted by their local governance actions, such as Mayor Chiang Wan-an’s persistence with expropriation development in Taipei’s Shezi Island, Mayor Hou You-yi’s redevelopment project in New Taipei’s Wanzai Zun, and Magistrate Yang Wen-ke’s leading of section expropriation and the Puyu project in Zhudong’s Eryanping area. Disputes over land development projects were prevalent in KMT-governed areas. The Taiwan People's Party (TPP) made commitments in line with international human rights standards on refugee and assembly laws, but on other issues, their responses were vague or irrelevant. They even optimistically claimed that China would act as a responsible major power on the issue of enforced disappearances, which is entirely disconnected from reality.
Among the smaller parties, the New Power Party (NPP) provided thorough arguments and supporting data. The Taiwan Green Party and the Taiwan Obasang Political Equality Party (TOPEP) were bold in their commitments on most questions, though the TOPEP had no specific discourse on digital human rights, and the Green Party did not directly respond. The Taiwan Radical Wings clearly opposed the chip ID policy but had no further elaboration on other issues besides general agreement. Taiwan Renewal Party and MiLinguall Party also agreed with all eight commitments but provided no specific discourse, so our association refrains from commenting on their content.
Further Reading
https://www.tahr.org.tw/news/3479
