Taiwan NHRI
assessment
report2017

Evaluation of the progress made in establishing a
Paris Principles compliant NHRI for Taiwan and thedesirability and feasibility of the options under consideration

Taiwan NHRI Assessment Report 2017

Contents

2

About us		4

Executive summary and recommendations

6

Introduction		

9

National human rights institutions

10

Taiwan human rights context

13

Consultations

15

Summary, conclusions and recommendations

20

Next steps		

22

Appendix 1: Concept note

23

Appendix 2: Consultations

25

Appendix 3: ‘Paris Principles’

27

Appendix 4: Documents

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APF, FORUM-ASIA & ANNI

Thanks from us
It has been a privilege to serve on the Taiwan NHRI Assessment Mission. We thank Covenants
Watch for inviting us and supporting the Mission so effectively. We are grateful to the
Presidential Office Human Rights Consultative Committee for its assistance with translations.
We have been encouraged by the genuine commitment of everyone we met to strengthening
human rights for all the people of Taiwan. We are most appreciative of how generous people
have been with their time, the thoughtfulness with which they have provided us with informationand insights. We benefitted enormously from the thorough preparation of the Government
agencies and the robust consideration they had given to the questions under consideration by
the task force.
The Legislative and Judicial Yuan were equally informative. And the Control Yuan set aside half a
day to enable us to have wide-ranging discussions and explore in-depth the raft of complexities
in the establishment of a NHRI in Taiwan. We are most grateful and express our appreciationand thanks to the Presidents of Judicial and Control Yuans, and the Secretary General ofLegislative Yuan.
We have been particularly impressed with the vital and energetic members of civil society whodaily work to protect and promote and to advocate for human rights.
Especial thanks to Vice-President Chen who made time in his busy schedule for a detailed
discussion of the options under consideration.
We hope that our report when it is finalised will be of value to the people of Taiwan andcontribute constructively to the decision about whether to establish a national human rights
institution and if so in what form.

Rosslyn Noonan
APF

Agantaranansa Juanda
FORUM-ASIA/ANNISushil Pyakurel
ANNI

Taiwan NHRI Assessment Report 20173

About us
Asia Pacific Forum of National Human Rights Institutions (APF)
The Asia Pacific Forum of National Human Rights Institutions (APF) is a membership organisation
representing independent national human rights institutions (NHRIs) across Asia and the Pacific thathave been established in compliance with the minimum standards of the United Nations General
Assembly-endorsed ‘Principles relating to the status of National Institutions’ (the Paris Principles). It is anindependent, non-profit organisation that supports, through regional cooperation, the establishment anddevelopment of national institutions to protect and promote the human rights of the peoples of our region.
Contact: Kieren Fitzpatrick, Director: KierenFitzpatrick@asiapacificforum.net
Rosslyn Noonan is an Expert NHRI Consultant to the APF. She is a former New Zealand Chief Human
Rights Commissioner (2001–2011) and former Chairperson of the International Coordinating Committee
for National Institutions (ICC), now the Global Alliance of NHRIS (GANHRI) 2010–2012. In her capacity
as Chairperson, Ms Noonan had responsibility to oversee the Sub-Committee on Accreditation thatassesses national human rights institutions for compliance with the Paris Principles.
Contact: Rosslyn.Noonan@gmail.com
Asian Forum for Human Rights and Development (FORUM-ASIA)
FORUM-ASIA is a network of 58 members in 19 countries, as of January 2017, across Asia. It was
founded in 1991 in Manila, the Philippines. Its Regional Secretariat was established in Bangkok, Thailand
in 1992. Since then, offices have been opened in Geneva, Jakarta, and Kathmandu.
FORUM-ASIA works to promote and protect human rights, including the right to development, throughcollaboration and cooperation among human rights organisations and defenders in Asia and beyond.
Contact: Mukunda Kattel, Director: Mukunda@forum-asia.org

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Asian NGO Network on National Human Rights Institutions (ANNI)
ANNI was established in December 2006. It is a network of Asian non-governmental organisations(NGOs) and human rights defenders (HRDs) that advocate for the strengthening of Asian National
Human Rights Institutions (NHRIs), so that they are able to better promote and protect human rights.
ANNI also advocates for the improved compliance of Asian NHRIs both in law and practice withinternational standards, including the Paris Principles and General Observations of the Sub-Committee on
Accreditation (SCA) of the International Coordinating Committee of National Institutions for the Promotion
and Protection of Human Rights (ICC). The Asian Forum for Human Rights and Development (FORUMASIA) functions as the Secretariat of ANNI.
Agantaranansa Juanda was Programme Coordinator at FORUM-ASIA, responsible for the overall
coordination of ANNI work. He has led the development of new ANNI initiatives with an emphasis on
cordial and strategic working relationship with Asian NHRIs and intergovernmental bodies (i.e., ASEAN
and United Nations) on behalf of FORUM-ASIA and ANNI. He has also been responsible for maintaining
close contacts and engagement with relevant networks of civil society organisations, diplomatic missions,media, and other relevant stakeholders.
Contact: agantaranansa.juanda@yahoo.com
Sushil Pyakurel, a life-long democracy and human rights fighter/worker, he was the founder of various
human rights bodies and organizations, including the human rights organization INSEC and the Forumfor the Protection of Human Rights, the first human rights organization in the Nepal. He was also an
advocate for the establishment of a national human rights institution in Nepal and one of its founding
members. In 2010 he was awarded the Gwangju Prize for Human Rights. In 2017 he was appointed an
Adviser to ANNI.
Contact: sushil.pyakurel@gmail.com

ABBREVIATIONSAPF

Asia Pacific Forum of National Human Rights Institutions

CEDAW

Convention on the Elimination of All Forms of Discrimination against Women

CERD

Convention on the Elimination of Racial Discrimination

CRC

Convention on the Rights of the Child

CRPD

Convention on the Rights of Persons with Disabilities

CSO

Civil society Organisation

GANHRI

Global Alliance of National Human Rights Institutions

ICCPR

International Covenant on Civil and Political Rights

IESCR

International Covenant on Economic, social and Cultural Rights

NGO

Non-governmental organisation

NHRI

national human rights institution‘Paris Principles’

Principles relating to the status of National Institution for the Promotion andProtection of Human Rights

POHRCC

Presidential Office Human Rights Consultative Committee

UDHR

Universal Declaration on Human Rights

Taiwan NHRI Assessment Report 20175

Executive Summary andRecommendations
Taiwan’s civil society organisations have been advocating for the establishment of a National Human
Rights Institution (NHRI) since 1999. In 2014, a taskforce formed within the Presidential Office Human
Rights Consultative Committee (POHRCC) concluded that Taiwan should establish a NHRI. At that time
four options were available, with three options identified by the taskforce and Control Yuan submitted aseparate proposal to the POHRCC.
President Tsai committed to establishing a NHRI during the election campaign of 2016 and, more
recently, undertook to make a decision by the end of 2017.
To assist the President with that decision and following discussions with the POHRCC, Covenants Watch(Taiwan) invited Ms. Rosslyn Noonan of the Asia Pacific Forum of National Human Rights Institutions (APF)
to lead a task force to Taiwan for a one-week visit to conduct an assessment of the on-going process ofestablishing a National Human Rights Institution (NHRI).
Members of the task force came under the auspices of the Asian Forum for Human Rights andDevelopment (FORUM-ASIA), the Asian NGO Network on NHRIs (ANNI), and the Asia Pacific Forum of
NHRIs (APF).
Task force members, in addition to Ms Noonan, were Mr Sushil Pyakurel, a foundation member of the
Nepal Human Rights Commission and Mr Agantaranansa Juanda, at that time serving in his capacity as
Programme Coordinator of ANNI.
The Task Force members acknowledge that:(i) the status of Taiwan under international law is contested by the People’s Republic of China (PRC)
and the Republic of China (ROC)(ii) the authors of the report explicitly do not make any comment on this issue, and(iii) the use of the terminology NHRI in the report should not be construed as endorsing Taiwan as anation state.
Drawing on their extensive experience with NHRIs worldwide, the task force members were asked toevaluate the views of key stakeholders on the desirability and feasibility of setting up such an institution;
they were also asked to provide expert opinions on the several proposals that were currently underconsideration in terms of compatibility with the Paris Principles.
During the week in Taiwan, the President’s Office invited the task force to provide a briefing to the
POHRCC, hosted by Vice President Chen.
While in Taiwan, the task force consulted with:• government agencies including Ministry of Education, Ministry of the Interior, Ministry of Justice,and Gender Equality Department of Executive Yuan
• the Legislative Yuan, the Judicial Yuan and the Control Yuan
• members of political parties• civil society groups and organisations• members of academia and the legal profession.

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They also:• provided an initial briefing at the end of the visit to the Vice President and members of the POHRCC• held a press conference summarising initial conclusions of the task force.
In arriving at the conclusions and recommendations, the task force took account of the views of those
consulted, the advice of constitutional and legal scholars, the unique Taiwan context with its five powers,
the most efficient use of resources, and the ‘Paris Principles’ – the international guidelines for theestablishment of a NHRI.

CONCLUSIONS
There is strong support for the establishment of a National Human Rights Institution (NHRI) in Taiwan.
Taiwan has taken major steps to strengthen respect for human rights by domesticating the International
Covenants and human rights Conventions and by introducing an innovative process for reviewing theirimplementation.
As in all societies, significant human rights challenges remain.
Of the four options for an NHRI under discussion, each would face different difficulties/challenges inmeeting the Paris Principles.
Two of the options – based in the President’s office or part of the Executive Yuan – would face particularchallenges to meet the fundamental independence requirements of the Paris Principles.
Establishing a stand-alone NHRI structure outside of Taiwan’s five powers structure presents
insurmountable constitutional challenges, including in relation to its status relative to the five Yuans andgovernment agencies more generally.
The Control Yuan currently has some but not all of the elements required by the Paris Principles. In ourassessment it would not be accredited as fully compliant. In order to be fully compliant, substantialchanges are required to its legislation.
It is the unanimous conclusion of the task-force that the best option for establishing a national humanrights institution in a timely manner is to make it part of the Control Yuan and to provide for a fullycompliant Paris Principles institution by amendments to the Organic Law of the Control Yuan and to theControl Act.
In arriving at that conclusion the task-force recognises that the ‘Paris Principles’ are very broad precisely
because each country has its own unique Constitution and legal foundations. Taiwan in establishing anational human rights institution as others have done will, have to:• improvise• extend a good-will interpretation of the Constitution, conforming to its core values to protect andpromote human rights• through the definition of its competencies, define the interface between the NHRI with othergovernmental bodies, so as to conform to the constitutional structure regarding division of powers• in this last regard, although the NHRI seeks to provide authoritative opinions with regard to
the legislative, judicial, and executive functions of the state, the advisory nature of its opinions
sets a boundary to its powers. Therefore the actions of an NHRI could rarely be considered
unconstitutional.

Taiwan NHRI Assessment Report 2017

7

RECOMMENDATIONSThe Taiwan NHRI Assessment Task Force recommends that:
1.

Taiwan establish a fully Paris Principles compliant national human rights institution.

2.

The Control Yuan should be provided with the mandate, functions and powers necessary to
become Taiwan’s national human rights institution.

3.

Changes be made to the Organic Law of the Control Yuan and to the Control Act to provide theControl Yuan with both a good governance and audit mandate as at present, and a humanrights mandate, of equal significance.

4.

The human rights mandate for the Control Yuan must specify the duty to both protect andpromote human rights; and it must cover civil and political, economic, social and cultural rights,
all sectors of society and all people in Taiwan.

5.

The law should ensure that the Taiwan national human rights institution has the powers to fulfil
all the functions required of a Paris Principles compliant institution including providing advice tothe legislature, to government, to the judiciary and to others; monitoring implementation of theinternational human rights standards; investigating or inquiring into violations of human rights;
encouraging the provision of human rights education for government officials and the wider
community; and dealing with complaints.

6.

The law should further require that the internal structures and ways of working of the Control
Yuan fully reflect the equal status of the good governance and human rights mandates andfunctions.

7.

A review the Organic Law of the Control Yuan and the Control Act to determine whether
further guarantees of independence should be included in order to meet criteria under
Paris Principles including appointments and dismissal provisions, and a specific duty to act
independently.

8.

Appointments procedures to the Control Yuan for both good governance and human rights
mandates should be provided for in law and be open and transparent.

9.

Appointments and appointment criteria must reflect the pluralism and diversity of Taiwanesesociety.

10. Criteria for half of the members of the Control Yuan must include human rights expertise andexperience.
11. Resourcing of the human rights mandate should be sufficient to allow it to be accessible topeople throughout Taiwan by the most efficient and effective means.
12. In fulfilling its human rights mandate and carrying out its functions, the Taiwan national humanrights institution must have regard to the Paris Principles expectation that a NHRI will consult
and cooperate with Non-Governmental Organisations (NGOs) and Civil Society
Organisations (CSOs).

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Introduction
BACKGROUND
1.

Taiwan’s civil society organisations have been advocating for the establishment of a National Human
Rights Institution (NHRI) since 1999.

2.

In 2014, a taskforce formed within the Presidential Office Human Rights Consultative Committee(POHRCC) concluded that Taiwan should establish a NHRI. At that time four options were identified.

3.

President Tsai committed to establishing a NHRI during the election campaign of 2016 and, more
recently, undertook to make a decision by the end of 2017.

4.

To assist the President with that decision and following discussions with the POHRCC, Covenants
Watch (Taiwan) invited Ms. Rosslyn Noonan of the Asia Pacific Forum of National Human Rights
Institutions (APF) to lead a task force to Taiwan for a one-week visit to conduct an assessment of
the on-going process of establishing a National Human Rights Institution (NHRI). The visit took placefrom 23 to 28 July 2017.

5.

Members of the task force came under the auspices of the Asian Forum for Human Rights andDevelopment (FORUM-ASIA), the Asian NGO Network on NHRIs (ANNI), and the Asia Pacific Forumof NHRIs (APF).

6.

Task force members, in addition to Ms Noonan, were Mr Sushil Pyakurel, a foundation member of
the Nepal Human Rights Commission and Mr Agantaranansa Juanda, from FORUM-ASIA/ANNI.

7.

Drawing on their extensive experience with NHRIs worldwide, the task force members were asked
to evaluate the views of key stakeholders on the desirability and feasibility of setting up such an
institution; they were also asked to provide expert opinions on the several proposals that werecurrently under consideration in terms of compatibility with the Paris Principles.

METHODOLOGY
8.

While in Taiwan, the task force consulted with:• government agencies• the Legislative Yuan, the Judicial Yuan and the Control Yuan
• members of political parties• civil society groups and organisations• members of academia and the legal profession.

9.

They also:• provided an initial briefing at the end of the visit to the Vice President and members of the POHRCC• held a press conference summarising initial conclusions of the task force.

10. Desktop research was conducted, reviewing a range of resources. Key documents included theConstitution of the Republic of China (Taiwan); background information of the Legislative yuan,
the Judicial Yuan and the Control Yuan; the Implementation Act 2009 and reports relating to theexamination of Taiwan’s implementation of the International Covenants on Civil and Political Rights
and Economic, Social and Cultural Rights; as well as documents provided by the government
agencies and civil society organisations we met with.
11. A full list of meetings/consultations (Appendix 2) and a list of documents (Appendix 4) are attachedto this report.

Taiwan NHRI Assessment Report 20179

National Human Rights
Institutions
WHAT IS A NATIONAL HUMAN RIGHTS INSTITUTION?
12. NHRIs are independent state institutions dedicated to promoting and protecting human rights in acountry. An NHRI is a structure established by the state but independent of government in the same
way as the judiciary.
13. By the state, we mean all the elements that form the nation of Taiwan and are essential to its
functioning: parliament, government and its agencies, the courts, the Yuans, and all the layers of
local government. Government is the cabinet and the ministries, departments and other agencies
that are responsible to the cabinet ministers.
14. NHRIs must be established in the constitution or by a specific law. They have to be able to work
independently of government, though funded by government.
15. An NHRI has a broad mandate to promote and protect human rights. It advises the parliament,
the government and others on how best to strengthen human rights for the people of its nation. It
monitors how the government implements human rights standards. It is accessible to everyone, candeal with complaints, investigate human rights violations and make recommendations.
16. NHRIs are a bridge between the international human rights treaties that a state ratifies and making
those commitments real for everyone within that state.
17. A total of 110 countries have an NHRI. Across Asia Pacific there are 24 accredited national humanrights institutions with a further small group in development.

INTERNATIONAL STANDARDS FOR NHRIs
18. To gain international recognition and credibility, NHRIs are required to comply with a set of minimum
UN standards. These were adopted by the United Nations General Assembly in the ‘Principles
relating to the status of National Institutions for the Promotion and Protection of Human Rights’ (theParis Principles).1 The Paris Principles require:• establishment in the constitution or by law• a broad mandate based on universal human rights standards• responsibility to both promote and protect human rights• independence from and autonomous of government• pluralism, with senior positions and staff that broadly reflect the different groups in the society• adequate resources provided by the government, and• powers of investigation.
19. The Paris Principles also set out the functions and ways of working of NHRIs, including:• providing advice and guidance to parliament, government and its agencies• investigating situations of human rights violations• monitoring government implementation of human rights standards
1

10

General Assembly resolution 48/134 of 20 December 1993. See Annex II.

APF, FORUM-ASIA & ANNI• undertaking or advising on human rights education• contributing to the development of human rights jurisprudence by intervening in court cases and/or acting as amicus curiae• advocating for ratification of international human rights treaties• working with NGOs and civil society• being accessible to all, and• in most cases, being able to receive complaints and use the range of dispute resolution tools (forexample mediation, conciliation, referral, provision of information and advice) to resolve them.

TYPES OF NHRI
20. Except in rare circumstances, a Member state of the United Nations can only have one
internationally recognised NHRI. Current exceptions are the Independent Human Rights
Commissions of Palestine and Afghanistan; and Great Britain where Northern Ireland and Scotland
have accredited Human Rights Commissions in addition to the Equality and Human Rights
Commission of the United Kingdom. In those cases special conditions apply.
21. Each country is free to decide what particular type of human rights institution it should have. Thereis no single model. This decision should be informed by an examination of the country’s existing
human rights protection framework, legal, political and cultural systems, and the availability oftechnical and financial resources.
22. There are four main types of NHRI:

1. Human Rights Commissions
Human Rights Commissions have a broad range of roles which may include:• promoting human rights education and awareness of human rights with the government and thecommunity• advising government in relation to human rights policies and programmes• advising the legislature to help ensure that drafts and existing laws and regulations arecompatible with human rights• contributing to court proceedings that raise human rights issues• undertaking investigations or inquiries into human rights issues and challenges• contributing to the work of the UN human rights mechanisms• receiving and determining human rights-related complaints from individuals, including throughmediation and conciliation, and• observing and monitoring places of detention.
23. Human rights commissions are generally headed by a chief commissioner/chairperson/president
and two or more commissioners who are appointed for a fixed term. Commissioners are the public
advocates for the promotion and protection of human rights. Most NHRIs in Asia Pacific have been
established based on this model.

2. Ombudsman’s office with a human rights mandate
Ombudsman’s offices are generally dedicated to supporting good administration. Most have powers
of investigation, enabling them to look into alleged instances of maladministration. When they also
have a broad mandate to promote and protect human rights, they qualify as a NHRI. In parts ofEurope and Central and South America this is the most common model.

Taiwan NHRI Assessment Report 201711

A broad human rights mandate brings with it the same functions as those of a human rights
commission, in particular the requirement to actively promote human rights, monitor and provide
advice and guidance on implementation of human rights commitments.
Across Asia and the Pacific, the Samoan Ombudsman’s Office and the Timor-Leste Office of theProvedor are examples of an Ombudsman’s Office with a full human rights mandate and with thefunctions set out in the Paris Principles.
As the UN points out, hybrid institutions can provide a ‘one-stop’ service across a range of issues.2
They can also allow for resources to be consolidated in a single institution.
Ombudsman’s offices are usually headed by a single office-holder (the ombudsman) who isappointed for a fixed term. They may, however, include a chief ombudsman and one or two more
ombudsmen, depending on the workload. In some places, such as Samoa and Timor-Leste, deputy
ombudsmen are allocated particular areas of responsibility.

3. Advisory and consultative bodies
Advisory and consultative bodies are institutions that provide in-depth advice and recommendations
to government on a range of human rights issues. These bodies are often limited in their mandate
and usually do not have specific powers to investigate complaints of alleged discrimination orbreaches of human rights. Their role is usually limited to promotional programmes and activities. The
French National Consultative Commission on Human Rights is an example of a consultative body.

4. Research bodies
Research bodies are often described as human rights ‘think tanks’. They tend to have an academic
focus, which enables them to make expert contributions to the study of particular human rights
issues. Like advisory and consultative bodies, research bodies generally lack the ability to receiveand determine human rights-related complaints from individuals. The first incarnation of the Danish
Institute for Human Rights was an example of a research body model, although now it has beentransformed into a broad-based NHRI.

2

12Refer to United Nations, National Human Rights Institutions: History, Principles, Roles and Responsibilities, (New York & Geneva, 2010)
at page 18. Available at: www.ohchr.org/Documents/Publications/PTS-4Rev1-NHRI_en.pdf.

APF, FORUM-ASIA & ANNI

Taiwan Human Rights Context
24. Despite Taiwan’s exclusion from the United Nations, significant progress has been made todomesticate international human rights standards. The innovative review process introduced
to assess implementation of those international standards parallels that of the Treaty Bodies. It
engages international human rights experts. And because the experts meet, receive submissions
and undertake their examination within Taiwan, it arguably has more impact than the Treaty Bodies
meeting in Geneva or New York. The Implementation Act 2009 assigned explicit human rights
responsibilities to government agencies.

CONSTITUTIONAL FRAMEWORK
25. The Constitution of the Republic of China (Taiwan), adopted in 1947 and amended in 2005,
establishes the structures of the State, including the establishment of the National Assembly;
specifies the rights, freedoms and duties of its citizens; sets out the presidential powers, the powersof central and local government and the system of local government; covers fundamental national
policies; and makes certain provisions for ‘frontier groups’.
26. The structure of the Taiwan Constitution is quite unique in that it identifies five separate pillars of thestate. Those pillars are the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination
Yuan and the Control Yuan.
27. Article 7 of the 2005 Additional Articles of the Constitution provides that the Control Yuan shall be“the highest control body of the State and shall exercise the powers of impeachment, censure andaudit; and the pertinent provisions of Article 90 and Article 94 of the Constitution concerning theexercise of the power of consent shall not apply” .
28. It stipulates 29 as the number of members, each with a term of six years. The nominated members
require the consent of the Legislative Yuan to be appointed by the President of the Republic. The
Additional Articles place a duty to act independently on them:“Members of the Control Yuan shall be beyond party affiliation and independently exercise their powers anddischarge their responsibilities in accordance with the law”.

RIGHTS AND DUTIES OF THE PEOPLE
29. Chapter II of the Constitution provides for the rights, freedoms and duties the citizens. Article 7 is
explicit that:“All citizens … irrespective of sex, religion, race, class or party affiliation, shall be equal before the law”.

30. Chapter II goes on to spell out an extensive range of civil and political rights as well as two economic
and social rights: the right to work and education. Economic, social and cultural rights are further
dealt with in Chapter XIII on Fundamental National Policies. Duties of the citizens, for example inrelation to the right to vote and the right to education are also specified.
31. What the Constitution does not appear to cover is the extent to which the rights and freedoms
guaranteed to citizens also apply to residents or others, such as migrant workers, who are notcitizens.

Taiwan NHRI Assessment Report 201713

LEGISLATIVE FRAMEWORK
32. The Constitutional provisions establishing the Control Yuan and the rights, freedoms and duties
of citizens are underpinned by legislation which details their implementation. In fact Taiwan has acomprehensive legislative framework governing all relevant aspects of society and business.
33. A brief search of the Laws and Regulations Database of The Republic of China reveals over 23
pieces of legislation that make specific reference in their titles to protection of a set of rights. Whilea number refer to business and matters such as copyright and trademarks, others relate to humanrights. The Indigenous Peoples Employment Rights Protection Act and the HIV Infection Control andPatients Rights Protection Act are two such examples.
34. Many more pieces of legislation, without reference to rights in their titles, are responsible for making
human rights real in people’s lives. An obvious illustration is the Primary and Junior High School Act,
most recently amended in 2016, which together with the Compulsory Education Act provides for
free, compulsory education from age 6 to 15.

“INTERNATIONAL” HUMAN RIGHTS COMMITMENTS
35. In 2000 then newly elected President Chen Shui-bian advocated ratification of the International
Covenants on Civil and Political Rights (ICCPR) and on Economic, Social and Cultural Rights(IESCR); and of the Convention on the Elimination of All Forms of Discrimination against Women(CEDAW). CEDAW was ratified in 2007, the two international Covenants in 2009. Since then Taiwan
has ratified the Convention on the Rights of the Child (CRC) and the Convention on the Rights of
Persons with Disabilities (CRPD).
36. Following ratification the Covenants and Conventions have been domesticated into national law in
a series of Implementation Acts. The Implementation Acts have made explicit the requirement ofgovernment agencies to incorporate the human rights standards into their areas of responsibility.
37. When spurned formal recognition by the United Nations (UN) and therefore access to its Treaty
Bodies, Taiwan legislated for a review system based on that of the UN, involving international
experts, requiring the Government to report formally every four years on its implementation ofeach of the Covenants and Conventions. The review takes place in Taiwan and, as well as thegovernment reports, has generated impressive civil society participation.

CIVIL SOCIETY
38. Taiwan’s transformation from authoritarianism to a democracy owes much to its diverse, active, civilsociety. It is civil society that has consistently advocated for strengthening of Taiwan’s human rights
performance, including for the establishment of a national human rights institution.

MEDIA
39. Taiwan has a free and very diverse media, including television, radio, newspapers and online news
and commentary services.

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Consultations
40. The NHRI Assessment Task Force met with representatives of civil society organisations,constitutional and legal scholars, senior officials in government agencies, with representatives ofpolitical parties, with the Judicial Yuan, the Control Juan and the Legislative Yuan. (See Appendix 2:
Consultations).
41. The consultations were wide-ranging with four fundamental questions explored in detail:1.

Is a national human rights institution needed in Taiwan? What value would it add?

2.

If established, what roles and responsibilities should a NHRI have?

3.

What type of NHRI would best carry out these roles and responsibilities, taking into accountthe unique Taiwanese constitutional arrangements, resource constraints and other challenges?

4.

Of the four options that have been proposed as possibilities in the Taiwan context, which would
be the most appropriate, effective and efficient?

Is a national human rights institution needed in Taiwan?
What value would it add?
42. As the section on the Taiwan Human Rights Context explains, despite Taiwan’s exclusion fromthe United Nations, significant progress has been made to domesticate international human rights
standards. The innovative review process introduced to assess implementation of those international
standards parallels that of the Treaty Bodies. The Implementation Act 2009 also assigned explicit
human rights responsibilities to government agencies. And more reforms are underway to further
strengthen human rights.
43. But during the consultations civil society organisations agencies gave accounts of a raft of significant
human rights issues that demonstrate the extent to which the human rights standards are ignored inpractice.
44. Forced evictions, the rights of Indigenous Peoples, the rights of disabled people, those of migrant
workers, and those of children, particularly children with disabilities and including unequal accessto quality education, were amongst the issues most frequently and forcefully raised with Task Forcemembers. The death penalty and the conditions of those in detention were also of concern.
45. There was acknowledgement from all those consulted, including government agencies andrepresentatives of the Yuans, that there was currently no national human rights coordination,no central responsibility for promoting respect for and understanding of human rights across all
sectors of Taiwan society, no institution with oversight and a mandate to monitor implementationof the human rights standards that Taiwan has legally committed to or to investigate and report on
systemic human rights violations.
46. Further a number said they would welcome access to authoritative advice from a national humanrights institution.
47. Some concerns were expressed that the mandate and functions of an NHRI might duplicate or
overlap with those of existing bodies and might take already constrained resources away from them.
48. The Control Yuan stressed its role in protecting human rights, which was duly recognized by thetaskforce. However, the current mandate, functions and ways of working of the Control Yuan do not
fully comply with the Paris Principles.

Taiwan NHRI Assessment Report 201715

If established, what roles and responsibilities should a NHRI have?
49. The ‘Paris Principles’ set out the legal framework for a national human rights institution to beeffective nationally and to recognised and accredited internationally.
50. The foundation of that legal framework is incorporation of the NHRI in the Constitution or its
establishment by an Act of Parliament. Given the current difficulties in constitutional reform, an Act
to establish the NHRI seems more feasible, and the challenge is to set it up within the 5-power
constitutional framework. The ‘Paris Principles’ require the NHRI to have a ‘broad mandate’ covering
civil and political, economic, social and cultural rights; and all sectors of society and every person in
Taiwan. Further it must to be mandated with the competence to both protect and promote humanrights.
51. An analysis of the issues raised during the consultations reveals strong support for both thepromotion and protection mandate. The consultations also demonstrated considerable agreementon what functions Taiwan’s NHRI should have. The roles and responsibilities most consistently
proposed included• Monitoring of implementation of the universal human rights standards that Taiwan has
domesticated• Investigating, researching and reporting on systemic human rights issues• Being an advocate and an authoritative source of advice and guidance on human rights inlegislation, policy development and public sector practices• Actively promoting the development of a culture of human rights to all the people of Taiwan
through awareness–raising, provision of information and education
52. These functions closely reflect those in the ‘Paris Principles’:A national institution shall, inter alia, have the following responsibilities:(a) To submit to the Government, Parliament and any other competent body, on an advisory basis … on any
matters concerning the promotion and protection of human rights….
(i) Any legislative or administrative provisions, as well as provisions relating to judicial organizations,
intended to preserve and extend the protection of human rights; in that connection, the national
institution shall examine the legislation and administrative provisions in force, as well as bills andproposals, and shall make such recommendations as it deems appropriate in order to ensure that theseprovisions conform to the fundamental principles of human rights; it shall, if necessary, recommend theadoption of new legislation, the amendment of legislation in force and the adoption or amendment ofadministrative measures;(ii) Any situation of violation of human rights which it decides to take up;(iii) The preparation of reports on the national situation with regard to human rights in general, and on more
specific matters;(iv) Drawing the attention of the Government to situations in any part of the country where human rights are
violated and making proposals to it for initiatives to put an end to such situations and, where necessary,
expressing an opinion on the positions and reactions of the Government….

53. The ‘Paris Principles’ go on to specify(b) To promote and ensure the harmonization of national legislation regulations and practices with theinternational human rights instruments to which the State is a party, and their effective implementation;(c) To encourage ratification of the above mentioned instruments or accession to those instruments, and toensure their implementation;….

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(f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to takepart in their execution in schools, universities and professional circles;(g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination,by increasing public awareness, especially through information and education and by making use of allpress organs.

54. In summary, to fulfil its broad mandate to protect and promote humanrights in accordance with theParis Principles, the Taiwan National Human Rights Institution should have the following functions:• provision of human rights advice• review of legislation and policy• monitoring of State implementation of human rights commitments• thematic and systemic inquiries and investigations• detention monitoring• complaints handling and mediation• independent engagement with experts reviewing Taiwan compliance with domesticated humanrights Covenants and Conventions• human rights education• power to bring proceedings before the Court or be appointed as intervener or amicus curiae.

What type of NHRI would be most appropriate to carry out these roles
and responsibilities, taking into account the unique Taiwan Constitutionalarrangements, resource constraints and other challenges?
Of the four options that have been proposed as possibilities in the Taiwan
context, which would be the most appropriate, effective and efficient?
55. The Task Force members noted that there has been extensive debate amongst human rights nongovernmental organisations and most recently by the Presidential Office Human Rights Consultative
Committee (POHRCC) about the most appropriate form of NHRI for Taiwan.
56. In terms of form, two types have been under consideration: a Human Rights Commission structureor an Ombudsman’s Office. The more critical question has been where in Taiwan’s constitutional
structure should the NHRI, whatever its form, be placed.
57. Four options have been canvassed:• a stand-alone Human Rights Commission• a Human Rights Commission within the Presidential Office• a Human Rights Commission as part of the Executive Yuan
• extension of the mandate of the Control Yuan to cover human rights on an equal basis with its
good governance/maladministration mandate.
58. In view of Taiwan’s unique constitutional provision of five separate powers or branches ofGovernment – Legislative Yuan, Judicial Yuan, Executive Yuan, Control Yuan, Examination Yuan –and on the basis of the advice provided to the Task Force by constitutional and legal scholars, theTask Force concluded that there are insurmountable constitutional barriers to a stand-alone Human
Rights Commission. Without amending the Constitution, it is difficult to see how it could have thepowers to fulfil the broad mandate required by the ‘Paris Principles’ or have the necessary status
and the respect of all levels of government and society.

Taiwan NHRI Assessment Report 201717

59. An NHRI is part of the State, but it is not part of the Government. Although funded by Government,the ‘Paris Principles require it to be independent of Government. Indeed, a question frequently
raised in the consultations was how the independence of a NHRI can be ensured.
60. Guarantees of independence have to be incorporated in legislation. If established within the
Presidential Office or as part of the Executive Yuan, those guarantees would have to be verystrong to counteract any possibility of political influence in a situation where there is a degree ofaccountability to the Executive or the President. Some level of independence may be achievable,
as for example with the three “independent commissions” within the Executive Yuan – the Central
Election Commission, National Communications Commission and Fair Trade Commission. But a
Human Rights Commission that was ultimately accountable to the Executive or to the President
would be more vulnerable to political influence than a Constitutional body and may not be perceived
by the general public as being independent, and perceptions impact on credibility.
61. After considering all the relevant factors, the Task Force members concluded that extending the
mandate of the Control Yuan provided the best option for establishing a fully ‘Paris Principles’
compliant NHRI for Taiwan. In making the recommendation the Task Force affirms the view that
Ombudsman Offices can provide a ‘one-stop’ service across a range of issues.3 By allowing forresources to be consolidated in a single institution, they also provide potentially the most costeffective option.
62. The Control Yuan is one of the five branches of the State established by the Constitution, thehighest status available to a NHRI. The Control Act and the Organic Law of the Control Yuan
specify its mandate and functions. Other related legislation includes The Organic Act of the Control
Yuan Committees. Within the Control Yuan, the Committee on Human Rights Protection indicatesa current human rights dimension its work. We heard of a number of ways in which the internal
structures of the Control Yuan could be developed to provide the basis for the ‘Paris Principles’
compliant NHRI.
63. The various Acts covering the Control Yuan provide some, but not all, of the elements required of
an NHRI. Examination of these and related provisions reveal that substantial strengthening of thelegislation will be necessary to ensure full compliance with the ‘Paris Principles’.
64. The legislation must provide:• an explicit, broad human rights mandate• competence to both promote and protect human rights• coverage of all sectors of society• extended range of functions• specific human rights criteria for the appointment of members to the Control Yuan and to reflect
the plurality and diversity• to strengthen independence, an appointment process that is open and transparent, provides fornational advertising of the positions and includes human rights experts and activists on the panel
assessing applications and recommending appointments to the President, and• that the NHRI reports to the Legislative Yuan on an annual basis.
65. Further, consideration must be given to the internal operational structures of the Control Yuan
to make clear the equal status of the human rights mandate with the Control Yuan’s traditional
responsibilities, including that of the National Audit Office.

3

18

Refer to United Nations, National Human Rights Institutions: History, Principles, Roles and Responsibilities, (New York & Geneva, 2010)
at page 18. Available at: www.ohchr.org/Documents/Publications/PTS-4Rev1-NHRI_en.pdf.

APF, FORUM-ASIA & ANNI

66. Finally, the Paris Principles stipulate that national human rights institutions shall:“In view of the fundamental role played by the non-governmental organizations in expanding the work of thenational institutions, develop relations with the non-governmental organizations devoted to promoting andprotecting human rights, to economic and social development, to combating racism, to protecting particularly
vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) orto specialized areas”.

67. There are key differences between the current Control Yuan mandate and that of a human rights
mandate. Firstly, the current mandate of the Control Yuan members focuses very much on
misconduct of civil servants, mostly according to the prevalent laws and codes, whereas the humanrights commissioners should explore whether the laws are compatible with international humanrights standards. The case of evicting unlawful residents on public land may illustrate this difference.
68. Secondly, the qualifications most relevant to the two functions may differ: while the Ombudsman
function is best performed by someone familiar with governmental operations and capableof detecting errors and anomalies. Human rights commissioners should be more aware andsympathetic with the less privileged populations, and come from a diverse background beyond therequirements in Control Yuan’s Organic Act.
69. Thirdly an Ombudsman should be familiar with domestic law while human rights commissioners
should be familiar with domestic law and well versed in international human rights standards as wellas the principles and reasoning behind them.

Taiwan NHRI Assessment Report 201719

Summary, conclusions andrecommendations
70. Taiwan is to be commended for having taken major steps to strengthen respect for human rights
by domesticating the International Covenants and human rights Conventions and by introducing an
innovative process engaging overseas experts to review their implementation. All the government
agencies the Task Force met with were aware of the human rights standards relevant to their
responsibilities. It was unclear however to what extent those standards were fully integrated into
their policy development and practices.
71. As in all societies, significant human rights challenges remain. Those consulted – civil society
organisations but also a number of government agencies – told the Assessment Task Force thata National Human Rights Institution would assist them to better tackle pressing and persistent thehuman rights issues.
72. There is strong support for the establishment of a National Human Rights Institution (NHRI) in
Taiwan.
73. Of the four options for a NHRI that have been under discussion in Taiwan, in the assessment of the
Task Force, none currently fully meets the Paris Principles.
74. Two of the options – based in the President’s office or part of the Executive – would have difficulty
meeting the fundamental independence requirements of the Paris Principles.
75. Establishing a stand-alone NHRI structure outside of Taiwan’s five powers structure presents
insurmountable constitutional challenges, including in relation to its status relative to the five Yuans
and government agencies more generally.
76. The Control Yuan currently has some but not all of the elements required by the Paris Principles.
Substantial changes are required to its legislation to make it fully compliant with them.
77. It is the unanimous conclusion of the task-force that the best option for establishing a national
human rights institution in a timely manner is to make it part of the Control Yuan and to provide fora fully compliant Paris Principles institution by amendments to the Organic Law of the Control Yuan
and to the Control Act.
78. In arriving at that conclusion the Task Force recognises that the ‘Paris Principles’ are very broad
precisely because each country has its own unique Constitution and legal foundations. As others
have done, Taiwan will have to:• improvise• extend a good-will interpretation of constitution, conforming to its core values to protect andpromote human rights• through the definition of its competencies, define the interface between the NHRI with othergovernmental bodies, so as to conform to the constitutional structure regarding division of
powers• in this last regard, although the NHRI seeks to provide authoritative opinions with regard tohuman rights issues to the legislative, judicial, and executive functions of the state, the advisory
nature of its opinions sets a boundary to its powers. Therefore the actions of an NHRI could
rarely be considered unconstitutional.

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79. In making these recommendations the task force members acknowledge that:(i) the status of Taiwan under international law is contested by the People’s Republic of China (PRC)
and the Republic of China (ROC)(ii) the authors of the report explicitly do not make any comment on this issue, and(iii) the use of the terminology NHRI in the report should not be construed as endorsing Taiwan as anation state.

RECOMMENDATIONSThe Taiwan NHRI Assessment Task Force recommends that:
1.

Taiwan establish a fully Paris Principles compliant national human rights institution.

2.

The Control Yuan should be provided with the mandate, functions and powers necessary to
become Taiwan’s national human rights institution.

3.

Changes be made to the Organic Law of the Control Yuan and to the Control Act to provide theControl Yuan with both a good governance and audit mandate as at present, and a humanrights mandate, of equal significance.

4.

The human rights mandate for the Control Yuan must specify the duty to both protect andpromote human rights; and it must cover civil and political, economic, social and cultural rights,
all sectors of society and all people in Taiwan.

5.

The law should ensure that the Taiwan national human rights institution has the powers to fulfil
all the functions required of a Paris Principles compliant institution including providing advice tothe legislature, to government, to the judiciary and to others; monitoring implementation of theinternational human rights standards; investigating or inquiring into violations of human rights;
encouraging the provision of human rights education for government officials and the wider
community; and dealing with complaints.

6.

The law should further require that the internal structures and ways of working of the Control
Yuan fully reflect the equal status of the good governance and human rights mandates andfunctions.

7.

A review of the Organic Law of the Control Yuan and the Control Act to determine whether further
guarantees of independence should be included in order to meet criteria under Paris Principles
including appointments and dismissal provisions, and a specific duty to act independently.

8.

Appointments procedures to the Control Yuan for both good governance and human rights
mandates should be provided for in law and be open and transparent.

9.

Appointments and appointment criteria must reflect the pluralism and diversity of Taiwanesesociety.

10. Criteria for half of the members of the Control Yuan must include human rights expertise andexperience.
11. Resourcing of the human rights mandate should be sufficient to allow it to be accessible topeople throughout Taiwan by the most efficient and effective means.
12. In fulfilling its human rights mandate and carrying out its functions, the Taiwan national humanrights institution must have regard to the Paris Principles expectation that a NHRI will consult
and cooperate with Non-Governmental Organisations (NGOs) and Civil Society
Organisations (CSOs).

Taiwan NHRI Assessment Report 201721

Next steps
The Task Force submits this report to Covenants Watch and the Presidential Office Human Rights
Consultative Committee. We respectfully suggest that it be shared with those who participated in theConsultations.
We have incorporated the welcome comments, corrections and suggestions which were received on thefirst draft. We look forward to learning the outcome of the discussions generated by the report and any
decisions taken.
Both FORUM-ASIA/ANNI and the APF are committed to continuing support of Taiwan in the process ofestablishing a NHRI.
Task Force Team members are grateful to have been given the honour of undertaking the responsibility toreport on the desirability, feasibility and options for the establishment of a Paris Principles compliant NHRI
and thank those responsible for this opportunity.

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Appendix 1:
Concept Note
1. PROJECT OUTLINE
Name:

An assessment tour to Taiwan to help evaluate the process of establishing a
National Human Rights Institution (NHRI)

Submitted by:

Covenants Watch, Taiwan

Date of Submission:

May 25, 2017

Contact:

Yibee Huang (yibee.huang@gmail.com)
Song-Lih Huang (songlih@gmail.com)

2. PURPOSEThe Covenants Watch (Taiwan) wishes to invite Mrs. Rosslyn Noonan to lead a task force to Taiwan
for a one-week visit to conduct an assessment of the on-going process of establishing an NHRI. Mrs.
Noonan, with her extensive experience in evaluation of NHRIs worldwide, may contribute to evaluate
the perception among key stakeholders the desirability and feasibility of setting up such and institution;
she may also provide expert opinions on the several proposals that are currently under considerationin terms of compatibility with the Paris Principles. During the working period in Taiwan, the President’s
Office will invite the task force to brief the Presidential Office Human Rights Consultative Committee(POHRCC), hosted by the chairperson Vice President Chen. The Covenants Watch and POHRCC extend
their welcome to Mrs. Noonan and the task force with the understanding that the mission is under the
auspices of Asian Forum for Human Rights and Development (FORUM-ASIA), the Asian NGO Network on
NHRIs (ANNI), and the Asia Pacific Forum of NHRIs (APF).

3. BACKGROUND INFORMATION
Taiwan’s civil society began advocate the establishment of NHRI in 1999. The government prepared theorganic law and function law for a National Human Rights Commission (NHRC) in 2002, but was greetedby opposing opinions. The interest in the NHRI waned afterwards, but was rekindled by the passage
and enforcement in 2009 of “The Act to implement ICCPR and ICESCR”, and the ensuing efforts by thegovernment to meet international human rights standards. A task force was formed within the POHRCC
to evaluate the establishment of the NHRI. The conclusions in 2014 were: (1) Taiwan should establish
an NHRC, and (2) the NHRC can be set up either in the President’s Office, in the Executive Yuan, or asa stand-alone commission outside of the 5-Yuan structure of the government.4 On the other hand, theControl Yuan handed in a separate proposal to the POHRCC in 2016 to set up NHRC within the existing
Control Yuan structure (i.e., all 29 Control Yuan members serving simultaneously as Human Rights
Commissioners).
In addition to the four proposals received by the POHRCC, two legislators, Legislator Yu and Koo had
independent bills in the Legislative Yuan. Yu’s bill (in 2014 and again in 2016) was to set up NHRC in the
President’s Office, while Koo’s bill (2016) was to designate 11 of the Control Yuan members as full-time

4

The Yuan is the term for the highest organization of each of government’s branches. There are five Yuans in Taiwan’s government: theLegislative Yuan, Executive Yuan, Judicial Yuan, Control Yuan, and Examination Yuan. The Control Yuan is composed of 29 Control
Yuan members who serve ombudsmen functions. The Examination Yuan sets standards and conducts evaluation for the recruitment
and promotion of civil servants.

Taiwan NHRI Assessment Report 201723

Human Rights Commissioners. Details of the process can be found in Taiwan Chapter of ANNI’s annual
reports.
Although President Tsai promised to set up the NHRC during election campaigns, the momentum
seemed to be stalled after she took office in May 2016. On January 20th this year, in response to theConcluding Observations and Recommendations of the Review of the second State Reports on ICCPR
and ICESCR by a panel of independent international experts, President Tsai said that there will be adecision in 2017.

4. THE INITIATIVE
Covenants Watch (CW) and Taiwan Association for Human Rights (TAHR) are members of FORUM-ASIAand for years the main advocates for NHRI in Taiwan. The convener of CW, Mr. Song-Lih Huang, wasinvited to be a committee member of the POHRCC in June 2016. He proposed in a POHRCC meetingon April 6 2017 to invite Mrs. Noonan to conduct an assessment. The POHRCC welcomed the idea andagreed to invite Mrs. Noonan to brief the Committee at the end of assessment.

5. PRELIMINARY COMMUNICATION WITH FORUM-ASIA AND ANNI
Preliminary discussion took place via skype on April 25th, participated by Mrs. Noonan, Mr.
Agantaranansa Juanda, Ms. Betty Yolanda, Mr. Song-Lih Huang, and Ms. Yibee Huang (CEO of CW),
with the purpose of understanding the preparatory works that need to be done before the visit, the main
structure of the visiting tour, as well as the extent of the assessment to be conducted.

6. PRELIMINARY COMMUNICATION WITH THE GOVERNMENT OFTAIWAN REGARDING THE ASSESSMENT
An informal communication among the President’s Office, Control Yuan, the Ministry of Justice, CW, andTAHR took place on May 3rd. All parties agreed to the following:a. Mrs. Noonan will lead a task force including another officer (perhaps a commissioner of NHRC in
the Asia Pacific region) and up to 2 (two) individuals from ANNI Secretariat (FORUM-ASIA).
b. The visit will be one-week long towards the end of July, such as the week July 24th to 28th.
c. The process is of the nature of consultation and assessment; it is not the accreditation of any
existing institution in Taiwan.
d. The invitation letter to the task force will be issued by Covenants Watch.
e. The government will provide administrative assistance during the preparatory and the consultation
stages, including the arrangement of consultations with relevant officials of the Ministry of
Education, Administration of Police, and Administration of Correction.
f. The ministry of Justice and the Control Yuan will start the translation and compilation the necessary
documents (relevant laws and country reports).
g. The President’s Office will help arrange a courtesy visit to VP Chen at the beginning of theassessment, and a briefing to VP Chen and POHRCC at the end.
h. The government will jointly provide partial financial support, with an upper limit of USD 5,000. It is
understood that FORUM-ASIA/ANNI will provide additional funding, and CW might seek for further
support from Taiwan Foundation for Democracy.
i. The CW will be the focal point of contact for all parties.

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Appendix 2:
Consultations
THE CONSULTATION PROGRAM
Morning
MondayJuly 24

NGOs:

Afternoon

Evening

Workshop at the Legislative Yuan

NGOs Dinner• Human Rights NGOs (1)• Gender Equality NGOs (2)Tuesday
July 25

Ministry of Education

NGOs:

Ministry of the Interior• Indigenous Rights and MigrantWorkers (3)• Rights of Persons with
Disabilities (4)Wednesday
July 26

Judicial Yuan

Control Yuan

Thursday
July 27

Vice President

Legislative Yuan:

Ministry of Justice (and Agencyof Correction)• New Power Party

Legal scholars andNGO representatives• Legislator Yu• Secretary General

FridayJuly 28

Press Conference

Department of Gender Equality

DEPARTMENTS AND PERSONS IN CONSULTATION
Monday July 24
Morning
Consultation with NGOs (1):
•
•
•
•
•

Taiwan Association for Human Rights, Mr. Shih
Judicial Reform Foundation, Secretary General Mr. Kao
Taiwan Alliance of Anti-Forced Eviction, Ms. Kao
Environmental Jurists Association, Ms. Lin
Serve the People Association, Taoyuan, Mr. Wang

Consultation with NGOs (2):• Awakening Foundation, Senior Researcher, Ms. Tseng• Taiwan Alliance to Promote Civil Partnership, CEO, Ms. Hsu
Evening NGOs dinner••••

Mr. Wellington Koo, Previous Legislator
Mr. Yung-Cheng Kao, Human Rights Lawyer
Mr. Szu-Chien Hsu, Taiwan Democracy Foundation
Mr. Fort Fu-Te Liao, Professor, Academia Sinica

Taiwan NHRI Assessment Report 201725

Tuesday July 25
Morning• Ministry of Education, hosted by Secretary General Mr. Zhu Nan-Hsien• Ministry of the Interior, hosted by Deputy Minister Lin Tsi-Ling, later joined by Minister Yeh
Afternoon
Consultation with NGOs (3):• TransAsia Sisters Association• Association for Taiwan Indigenous Peoples’ Policy• Indigenous Youth Front
Consultation with NGOs (4):• Access to all in Taiwan• Independent Living Association• Taiwan Association for Disability Rights• Disabled Children’s Rights Advocacy Alliance in Taiwan• Taiwan Epilepsy Association

Wednesday July 26
Morning• Judicial Yuan, Hosted by President and vice President of Judicial Yuan
Afternoon• Control Yuan, Hosted by President and vice President of Control Yuan
Evening dinner with legal scholars and NGO representatives• Prof. Nigel Li• Prof. Wen-Chen Chang• Prof. Ful-Dien Li• CEO, Taiwan Alliance to End the Death Penalty• Secretary General, Taiwan Association for Human Rights

Thursday July 27
Morning• President Office, hosted by Vice President Chen
• Ministry of Justice, hosted by Deputy Minister (Ming-Tang Chen), Department of Legal System(Director Lu) and Agency of Corrections (Deputy Director)

Friday July 28
Morning• Press Conference
Afternoon• Department of Gender Equality, Executive Yuan, hosted by Director (Hsui-Chen Wu)

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Appendix 3:‘Paris Principles’
PRINCIPLES RELATING TO THE STATUS OF NATIONAL INSTITUTIONS(THE ‘PARIS PRINCIPLES’)
United Nations General Assembly resolution 48/134 of 20 December 1993.

Competence and responsibilities
1.

A national institution shall be vested with competence to promote and protect human rights.

2.

A national institution shall be given as broad a mandate as possible, which shall be clearly set forth
in a constitutional or legislative text, specifying its composition and its sphere of competence.

3.

A national institution shall, inter alia, have the following responsibilities:(a)

To submit to the Government, Parliament and any other competent body, on an advisory basis
either at the request of the authorities concerned or through the exercise of its power to heara matter without higher referral, opinions, recommendations, proposals and reports on any
matters concerning the promotion and protection of human rights; the national institution may
decide to publicize them; these opinions, recommendations, proposals and reports, as well as
any prerogative of the national institution, shall relate to the following areas:(i)

Any legislative or administrative provisions, as well as provisions relating to judicialorganizations, intended to preserve and extend the protection of human rights; in thatconnection, the national institution shall examine the legislation and administrative
provisions in force, as well as bills and proposals, and shall make such recommendations
as it deems appropriate in order to ensure that these provisions conform to thefundamental principles of human rights; it shall, if necessary, recommend the adoption of
new legislation, the amendment of legislation in force and the adoption or amendment ofadministrative measures;(ii)

Any situation of violation of human rights which it decides to take up;(iii)

The preparation of reports on the national situation with regard to human rights in general,and on more specific matters;(iv)

Drawing the attention of the Government to situations in any part of the country where
human rights are violated and making proposals to it for initiatives to put an end to suchsituations and, where necessary, expressing an opinion on the positions and reactions of
the Government;(b)

To promote and ensure the harmonization of national legislation regulations and practices with
the international human rights instruments to which the State is a party, and their effective
implementation;(c)

To encourage ratification of the abovementioned instruments or accession to those
instruments, and to ensure their implementation;(d)

To contribute to the reports which States are required to submit to United Nations bodies
and committees, and to regional institutions, pursuant to their treaty obligations and, where
necessary, to express an opinion on the subject, with due respect for their independence;

Taiwan NHRI Assessment Report 2017

27

(e)

To cooperate with the United Nations and any other organization in the United Nations system,
the regional institutions and the national institutions of other countries that are competent in theareas of the promotion and protection of human rights;(f)

To assist in the formulation of programmes for the teaching of, and research into, human rights
and to take part in their execution in schools, universities and professional circles;(g)

To publicize human rights and efforts to combat all forms of discrimination, in particular racial
discrimination, by increasing public awareness, especially through information and education
and by making use of all press organs.

Composition and guarantees of independence and pluralism
4.

The composition of the national institution and the appointment of its members, whether by meansof an election or otherwise, shall be established in accordance with a procedure which affords allnecessary guarantees to ensure the pluralist representation of the social forces (of civilian society)involved in the promotion and protection of human rights, particularly by powers which will enableeffective cooperation to be established with, or through the presence of, representatives of:(a)Nongovernmental organizations responsible for human rights and efforts to combat racial
discrimination, trade unions, concerned social and professional organizations, for example,
associations of lawyers, doctors, journalists and eminent scientists;(b)

Trends in philosophical or religious thought;(c)Universities and qualified experts;(d)Parliament;(e)Government departments (if these are included, their representatives should participate in the
deliberations only in an advisory capacity).

5.

The national institution shall have an infrastructure which is suited to the smooth conduct of its
activities, in particular adequate funding. The purpose of this funding should be to enable it to haveits own staff and premises, in order to be independent of the Government and not be subject tofinancial control which might affect its independence.

6.

In order to ensure a stable mandate for the members of the national institution, without which there
can be no real independence, their appointment shall be effected by an official act which shallestablish the specific duration of the mandate. This mandate may be renewable, provided that thepluralism of the institution’s membership is ensured.

Methods of operation
Within the framework of its operation, the national institution shall:

28

(a)

Freely consider any questions falling within its competence, whether they are submitted by
the Government or taken up by it without referral to a higher authority, on the proposal of its
members or of any petitioner;(b)

Hear any person and obtain any information and any documents necessary for assessing
situations falling within its competence;(c)Address public opinion directly or through any press organ, particularly in order to publicize its
opinions and recommendations(d)Meet on a regular basis and whenever necessary in the presence of all its members after they
have been duly convened;(e)

Establish working groups from among its members as necessary, and set up local or regional
sections to assist it in discharging its functions;

APF, FORUM-ASIA & ANNI

(f)Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible forthe promotion and protection of human rights (in particular ombudsmen, mediators and similar
institutions);(g)

In view of the fundamental role played by the nongovernmental organizations in expanding
the work of the national institutions, develop relations with the nongovernmental organizations
devoted to promoting and protecting human rights, to economic and social development, tocombating racism, to protecting particularly vulnerable groups (especially children, migrant
workers, refugees, physically and mentally disabled persons) or to specialized areas.

Additional principles concerning the status of commissions with quasijudicial
competence
A national institution may be authorized to hear and consider complaints and petitions concerning
individual situations. Cases may be brought before it by individuals, their representatives, third parties,
nongovernmental organizations, associations of trade unions or any other representative organizations. In
such circumstances, and without prejudice to the principles stated above concerning the other powers of
the commissions, the functions entrusted to them may be based on the following principles:(a)Seeking an amicable settlement through conciliation or, within the limits prescribed by the law,through binding decisions or, where necessary, on the basis of confidentiality;(b)

Informing the party who filed the petition of his rights, in particular the remedies available tohim, and promoting his access to them;(c)Hearing any complaints or petitions or transmitting them to any other competent authority
within the limits prescribed by the law;(d)

Making recommendations to the competent authorities, especially by proposing amendmentsor reforms of the laws, regulations and administrative practices, especially if they have createdthe difficulties encountered by the persons filing the petitions in order to assert their rights.

Taiwan NHRI Assessment Report 201729

Appendix 4:Documents
United Nations, National Human Rights Institutions: History, Principles, Roles and Responsibilities.
(New York & Geneva, 2010) at 18. Available at: www.ohchr.org/Documents/Publications/PTS-4Rev1NHRI_en.pdf.
International Coordinating Committee of National Human Rights Institutions. General Observations(ICC Sub-Committee on Accreditation, United Nations, Geneva, May 2013). Available at: http://nhri.ohchr.
org/EN/AboutUs/ICCAccreditation/Documents/SCA%20GENERAL%20OBSERVATIONS%20ENGLISH.pdf.
The Asian NGO Network on National Human Rights Institutions: 2015 ANNI Report on the Performanceand Establishment of National Human Rights Institutions in Asia. 2015, Bangkok, Thailand. Available at:www.forum-asia.org/uploads/wp/2015/09/ANNI_Report_2015.pdf.
Constitution of the Republic of China (Taiwan). Available at: http://law.moj.gov.tw/Eng/LawClass/LawAll.
aspx?PCode=A0000001.
Additional Articles of the Constitution of the Republic of China. Available at: http://law.moj.gov.tw/ENG/
LawClass/LawAll.aspx?PCode=A0000002.
Laws and Regulations Database of the Republic of China. Available at: http://law.moj.gov.tw/ENG/Law/
LawSearchResult.aspx?p=A&t=A1A2&k1=rights&TPage=1.
Laws and Regulations of the Control Yuan. Available at: www.cy.gov.tw/mp21.htm.
Control Yuan, 2016 Annual Report of the Control Yuan. 2016, Taipei, Taiwan, Republic of China.
Legislative Yuan 2016. Legislative Yuan of Republic of China. Taipei.
Republic of China Taiwan. Common Core Document Forming Part of the Reports: Second Report underthe ICCPR and IESCR. April 2016, President’s Office Human Rights Consultative Committee.
Republic of China Taiwan. Implementation of the International Covenant on Economic, Social and Cultural
Rights: Second Report submitted under Articles 16 and 17 of the Covenant. April 2016, President’s Office
Human Rights Consultative Committee.
Republic of China Taiwan. Implementation of the International Covenant on Civil and Political Rights:
Second Report submitted under Article 40 of the Covenant. April 2016, President’s Office Human Rights
Consultative Committee.
Response to the Concluding Observations and Recommendations Adopted by the International Groupof Independent Experts on 1 March 2013. April 2016, President’s Office Human Rights Consultative
Committee.

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APF, FORUM-ASIA & ANNI© Copyright 2017 Asia Pacific Forum of National Human Rights Institutions and Asian Forum for Human Rights and Development
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Cover photograph: ‘The Beautiful Seascape’ by Wenchieh Yang.
Inside front cover photograph by CABloem, reproduced under a CC BY 2.0 license.
Photograph on page 4 by CABloem, reproduced under a CC BY 2.0 license.
Photograph on page 8 and 21 by See-ming Lee, reproduced under a CC BY-NC 2.0 license.

Taiwan NHRI Assessment Report 201731

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