The National Human Rights Commission (NHRC) convened a public briefing today (30 October) to release its Independent Opinion on the Fourth National Report on the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Prepared by the NHRC in accordance with its mandate, the report aims not only to help international reviewers understand Taiwan’s current human rights situation, but also to urge the government to address structural issues and respond to the voices of disadvantaged groups through its public release.
NHRC Vice Chairperson Chi Hui-jung noted that the ICCPR and ICESCR, which translate the Universal Declaration of Human Rights into binding treaties, are the most fundamental and essential international human rights instruments, serving as key benchmarks for the development of Taiwan’s human rights protection framework. She expressed gratitude to civil society organizations, scholars, experts, and government agencies that contributed to the drafting process, and commended NHRC Commissioners Kao Yung-cheng, Upay Radiw Kanasaw, Lin Wen-cheng, and Yeh Yi-jin for leading their colleagues in completing this independent evaluation.
Vice Chairperson Chi explained that the assessment adopts a thematic structure, covering major human rights issues long monitored by the Commission, including the prohibition of torture, abolition of the death penalty, protection of migrant workers and foreign fishers, and forced evictions. It also reviews the protection of Indigenous peoples’ rights.
Commissioner Kao Yung-cheng highlighted that Taiwan has yet to complete the domestic legislative process for the Convention against Torture and its Optional Protocol, and urged the government to expedite the enactment of an implementation act as well as the inclusion of a dedicated chapter on torture in the Criminal Code. He also urged the government to engage in active social dialogue on abolishing the death penalty, ensuring the strictest procedural safeguards as stipulated in the TCC Judgment 113 Hsien-Pan-8.
Given Taiwan’s geopolitical context and exposure to persistent military threats and information manipulation from hostile external forces, Commissioner Kao stressed the need for the government to clearly define what types of speech genuinely threaten national security. He further noted that while the current draft Anti-Discrimination Act prohibits discrimination, it has yet to explicitly classify hate speech as a prohibited act. He recommended that the government draw on the UN Rabat Plan of Action to clearly define criteria for identifying hate speech, establish inter-ministerial mechanisms for data collection and complaint handling, and provide remedies for individuals and groups who are discriminated against or attacked.
Kao also pointed out that domestic migrant workers have long been excluded from the Labor Standards Act. He called for the prompt domestic adoption of the ILO Convention No. 189 on Domestic Workers, and the improvement of legal aid and interpretation services. For foreign fishers, he recommended ensuring their right to communication, expediting domestic legislation of the Work in Fishing Convention, and considering the inclusion of distant-water fishers in occupational injury insurance. Regarding forced eviction, he urged the government to strengthen public interest reviews in urban planning and land acquisition, reinforce resettlement guarantees, and enhance transparency and public participation mechanisms to prevent forced evictions and safeguard the right to adequate housing.
Commissioner Upay Radiw Kanasaw stressed that limitations in the current electoral system have led to inadequate political representation for Indigenous peoples. Since legislative constituencies encompass the entire nation, including the offshore islands of Kinmen and Matsu, this has resulted in a “representation vacuum” for Indigenous residents living in urban areas. He also noted that policymaking responsibility is overly concentrated in the Council of Indigenous Peoples, with insufficient inter-ministerial coordination. Kanasaw recommended a comprehensive review and reform of the electoral system and constituency design to ensure fair participation and substantive representation of Indigenous groups.
He further urged the government to incorporate land rights protections and the principle of Free, Prior and Informed Consent (FPIC) into all development review mechanisms, and to establish clear procedures for land restitution or reasonable compensation. He also emphasized the need to set a concrete timetable for relocating nuclear waste from Lanyu (Orchid Island) and to develop consultation models based on Indigenous self-determination—such as establishing regional referendum mechanisms within Indigenous communities.
Kanasaw added that despite the legal foundations for Indigenous cultural rights, gaps remain in cultural governance, education, and participatory decision-making. Current systems concerning hunting, languages, and intellectual creations do not sufficiently reflect Indigenous cultural contexts, and protections for the cultural rights of Plains Indigenous peoples remain inadequate. He called for expediting relevant legislation, strengthening cultural governance and education systems, and ensuring meaningful Indigenous participation in policymaking, in keeping with the spirit of the UN Declaration on the Rights of Indigenous Peoples and the ICCPR & ICESCR.
Attending the event were NHRC Commissioners Wang Yu-ling, Wang Jung-chang, Yeh Ta-hua, and Wang Li-jen; Control Yuan Vice President Lee Hung-chun; Control Yuan Members Fan Sun-lu, Su Li-chiung, and Pu Chung-cheng; as well as NHRC advisory consultants. Representatives from the offices of Canada, Australia, New Zealand, Poland, and Germany in Taiwan, along with numerous human rights experts, scholars, and civil society organizations, also took part in the event.
The NHRC reaffirmed its commitment to advancing institutional reforms, guided by the core spirit of the ICCPR and ICESCR, ensuring that Taiwan’s human rights protection continues to align with international standards.