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National Human Rights Commission Issues Independent Opinion on Taiwan’s Initial Report on the ICERD Focusing on the Implementation of Important Rights of All Ethnic Groups

The National Human Rights Commission (NHRC) held a press conference on the 19th to publish its independent opinion on the initial report on the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

The Executive Yuan issued the Initial Report on the ICERD in December last year, and it will convene an international review meeting to provide the concluding observations next year. NHRC Commissioners Upay Radiw Kanasaw, Kao Yung-cheng, and Su Li-chiung supervised the drafting of the independent opinion on the initial report on the ICERD in line with the authority of the NHRC. The independent opinion focuses on the human rights issues of indigenous peoples, new immigrants, migrant workers, and non-citizens, and raises suggestions for concrete improvements to urge the government to implement the regulations and policies in accordance with the ICERD.

During the opening of the press conference, a video summary was shown of the drafting process and discussions with relevant ethnic groups, NGOs, and government agencies. A launching ceremony themed “Tearing off discriminatory labels” showed the firm resolve to implement the ICERD.

In her opening remarks, Chairperson Chen Chu of the NHRC appreciated Professor Lin Shu-ya for providing suggestions on topics related to indigenous peoples during the drafting of the independent opinion. She also thanked the three commissioners for their hard work and diligence. In addition, Chen drew attention to the discrimination faced by minorities and disadvantaged peoples in Taiwan during the period of COVID-19 when the independent opinion was drafted, such as restrictions on migrant workers’ movement, lack of medical resources for indigenous peoples living in remote areas, and residency issues for the children of new immigrants.

Chen Chu emphasized that the pursuit of human rights never ends. Hopefully, with the publishing of the independent opinion on the ICERD as a start, people can all commit to eliminating inequality between ethnic groups and communities arising from the shortcomings of the legal system or its implementation, including discrimination caused by stereotypes hidden within culture.

NHRC Commissioner Upay Radiw Kanasaw pointed out that indigenous peoples have, for a long time, faced inequality and discrimination in Taiwan. In particular, unequal access to health care and social discrimination continue to exist. Through the practice of ethnic mainstreaming, the nation should make an effort together with indigenous peoples and civil organizations to build an inclusive and equal society that respects diversity.

Commissioner Su Li-chiung suggested that the government implements the protection of equality for non-citizens as specified in the ICERD, and that it should change the policy thinking that “sees migrant workers as guest workers”. Su also hoped that the government and different sectors of society would engage in communication and build consensus to create a friendly environment where different racial and ethnic groups show mutual respect and inclusiveness.

Commissioner Kao Yung-cheng expressed that the true meaning of equality emphasized by the ICERD can only be truly implemented by facing actual difficulties and making gradual improvements. This includes examining the related legal system for what looks like equality but is actually inequality, as well as distinguishing whether differential treatment in the legal system has legitimate reasons and necessity.

Attending the press conference were Vice Chairperson Wang Jung-chang and Member Wang Yu-ling of the NHRC, Vice President Lee Hung-chun, Members Fan Sun-lu and Lai Ting-ming, and Secretary General Judy Fu-meei Ju of the Control Yuan, and human rights consultant Wei Chien-feng. Also invited were delegates of foreign embassies and missions from India, Australia, Israel, the United States, Germany, and the Philippines in Taiwan, the Chairperson of the Tibet Religious Foundation of His Holiness the Dalai Lama, Director Akiyo Pahalaan of the Center of Indigenous Culture and Communication, Fo Guang University, and 23 representatives of Taiwanese NGOs who have for a long time followed the development of human rights in Taiwan.