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The NHRC Hosts Four Exchange Meetings to Prepare Its First Independent Opinion on the ICERD

NHRC commissioners Upay Radiw Kanasaw, Su Li-chiung, and Kao Yung-cheng conducted the fourth exchange meeting in Tainan on December 20 to help them compile the “Independent Opinions” on the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

 

The ICERD was the first core UN human rights convention signed by Taiwan in 1966. The first state report was issued by the Executive Yuan on December 14. A number of expert consultations and public exchange meetings have been held by the NHRC since May.

 

The four public exchange meetings focused on indigenous peoples, the Hakka community, new immigrants, and non-citizens (e.g. migrant workers) because they are at high risk of becoming disadvantaged due to their minority status in society. Their input was sought in order to review how the ICERD is being implemented and the improvements will be made.

 

Commissioner Upay Radiw Kanasaw noted that the top priority for migrant fishers and domestic caregivers is stonewalling the exploitative broker system. This is an issue that calls for Taiwan to work together with the migrant workers’ home countries to overcome. More must also be done beyond language proficiency certification for indigenous languages and Hakka to promote equality in language for non-citizens and new immigrants in Taiwan. A clear narrative on ethnic groups will serve to promote “Taiwanese national identity” and the “development of a multicultural country.” Internalization education on “ethnic mainstreaming” can also enhance ethnic cultural sensitivity so that more ethnic groups can join in the development of mainstream society.

 

Commissioner Su Li-chiung said that the country should start by developing an overall strategy and stance on immigration policies for new migrants and migrant workers. Basic data must be collected, analyzed, compiled, and studied before we can assess whether a policy can bring about ethnic equality. Only then can advise and improvement policies can be proposed.

 

Commissioner Kao Yung-cheng noted that while the National Health Insurance (NHI) theoretically covers all the citizens of Taiwan, it also includes foreigners with household registration or employers. Some people fall through the cracks such as foreigners who have been sentenced to more than six months in corrections facilities. They are not covered by NHI as they are not deemed to be legal residents.

 

With regards to non-citizens, NGOs interested in the human rights of migrant workers said that there are different criteria for white-collar and blue-collar workers in Taiwan when seeking to apply for permanent residency or right to family reunion, leading to the concern of the potential for discrimination.

 

During the exchange meeting, NGO representatives not only drew attention to equal working conditions for each ethnic group but also called upon the government to step up its promotion of labor laws and occupational safety, enforcement of labor inspections, and the establishment of a solid and effective interpreter system. Many new immigrants are now working as interpreters. There should be greater diversity in the contents of interpreter training courses such as having different types based on a new immigrant’s specialty. Members of the Pingpu people are also unable to apply for annual ceremonial leave even though this is allowed for indigenous peoples under existing legislation. The government should be more proactive in upholding the rights of indigenous peoples to participate in their traditional culture.

 

The three commissioners Upay Radiw Kanasaw, Su Li-chiung, and Kao Yung-cheng all agreed that the “Introduction of the Nation” section on the official website of the Executive Yuan seemed to contain descriptions inconsistent with the current state of ethnic groupings in Taiwan. Further discussion from a national perspective is warranted. 

 

It is hoped that all ethnic groups can be mainstream ethnic groups in Taiwan. All existing ethnic groups in Taiwan should be protected and revitalized by treating each as a “national ethnic group” and their language as a “national language.” This can then become the starting point for the implementation of the ICERD.