The National Human Rights Commission (NHRC) has been engaging with international human rights experts for guidance on Taiwan's human rights promotion efforts. As Taiwan welcomes the arrival of the International Review Committee, the NHRC held an “Exchange Meeting between the NHRC and the International Review Committee for Taiwan’s Third National Report under the ICCPR and ICESCR” on August 13, followed by a conference on "Local Enforcement of Human Rights Conventions: The Roles and Mandates of the NHRC and Judicial Institutions" today (August 14) in conjunction with the Judges Academy and Covenants Watch. The seminar invited distinguished guest speakers, including Manfred Nowak, the Chair of the ICCPR Panel for Taiwan’s Third National Report under the Two Covenants and Professor for International Law and Human Rights at the University of Vienna Faculty of Law; Eibe Riedel, the Chair of the ICESCR Panel for Taiwan’s Third National Report under the Two Covenants, member of the German Committee in the United Nations Educational, Scientific and Cultural Organization, and Judge at the Hague Permanent Court of Arbitration; and Rosslyn Noonan, Expert Consultant at Asia Pacific Forum (APF) and Director of University of Auckland Centre for Human Rights Law, Policy and Practice, to share insights on preventing cruel, inhuman, or degrading treatment, the enforceability of economic, social, and cultural rights at common, regional, and national levels, as well as ways to monitor the enforcement of economic, social, and cultural rights. Through these engagements, the NHRC hopes to establish universal human rights values and principles that conform with international standards.
In addition to the organizers, a total of 146 visitors including representatives from the Taiwan Association for Human Rights, Taiwan Alliance to End the Death Penalty, Organization for Migrant Fishers Rights, Amnesty International Taiwan, Association for Taiwan Indigenous Peoples' Policies, and Taiwanese Society of International Law as well as experts, scholars, judges, lawyers, law enforcers, and members of the public who are concerned with human rights issues participated in the conference.
NHRC commissioner Wang Yu-ling, who spoke on behalf of chairperson Chen Chu, said that the establishment of NHRC on August 1, 2020, represents Taiwan's commitment to observing international human rights principles, and symbolizes Taiwan's persistent pursuit of democratic and human rights values. The NHRC still has much to learn as it approaches the end of its second year, and being the representative of the nation's conscience, the NHRC vouches to implement proper human rights supervision by engaging in public dialogues, introducing globally accepted practices, and allowing people of different professions to monitor the enforcement of economic, social, and cultural rights by the government.
Manfred Nowak, the Chair of the ICCPR Panel, looks forward to seeing Taiwan adopt the principles of ICCPR and provide total protection for people's right to life with the abolishment of the death penalty. Nowak also recommends that the laws should be amended to facilitate fair investigation of any accused or potential torture for alignment with the UN Convention against Torture. With respect to national preventive mechanisms (NPMs), Nowak suggests that Taiwan should observe the NPMs adopted by other countries, allocate independent budgets for relevant personnel, and visit external professionals such as medical specialists, physicians, forensic specialists, mental health counselors, and social workers on a regular and unscheduled basis while ensuring that inspectors are given adequate access and control. The scope of NPM should include prisons, police offices, psychiatric wards, and any institutions that deprive people of freedom.
Eibe Riedel, the Chair of the ICESCR Panel, mentioned that Taiwan should engage international civil rights groups of the UN and cooperate with relevant organizations to seek support for human rights movements. With respect to the enforcement of economic, social, and cultural rights, Taiwan should accomplish three tasks: 1. Report progress of covenant compliance; 2. Respect human rights; and 3. Protect human rights. Considering that recommendations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) are not binding on the treaty bodies and how countries have underperformed with respect to human rights, the International Court of Arbitration, courts, and civil society are still exploring appropriate ways to enforce the CESCR's recommendations. The NHRC's independent opinions presented for Taiwan's Third National Report under the ICCPR and ICESCR this time round have helped us to understand how human rights are being enforced in Taiwan, and the NHRC has proven itself to be a responsible supervisor of human rights.
Rosslyn Noonan, a member of the International Review Committee, said that economic, social, and cultural rights (ESC rights) should take priority, and although the NHRC or related government organizations are unable to resolve all issues concerning ESC rights, the government should prioritize its efforts strategy-wise, starting from those who are the most underprivileged and desperate in need. It is also important to observe international human rights standards as the guideline and actively exchange information with the deprived for better protection of human rights. Once the government has presented the national report, the NHRC shall exercise its supervisory duties and take the initiative toward realizing fairness and justice within the society.