Article 5 Measures to Safeguard Various Rights
reasonable pay scales for interpreters and the creation of a regular assessment
and oversight mechanism to maintain the quality of interpreting services.
C. Right to asylum for refugees
48. Taiwan has yet to formally devise a Refugee Act . Currently, issues related to
stateless individuals, foreign travel document holders applying for ARCs in
Taiwan, asylum seekers, and the acceptance of refugees are handled on a
case-by-case basis. There are specific regulations for providing emergency
political assistance and asylum to residents of Hong Kong, Macau, and China,
but Taiwan lacks a transparent public legal framework to govern such issues.58
The government has pointed out that a draft of the Refugee Act has been under
consideration for 12 years but has yet to be passed, indicating that these issues
have not yet gained nationwide consensus. The government will continue to
examine legislative examples from other countries, taking into consideration
factors such as the current state of the nation, human rights, the economy,
society, culture, and national security when revising the draft of the Refugee Act .
The plan is to submit the draft for legislative review between 2022 and 2024.59
49. Recommendations: Taiwan’s establishment of a Refugee Act , given its unique
political landscape, requires careful management. The government should
acknowledge the challenges and issues tied to this legislation, gradually push
for its enactment, and utilize and integrate cross-departmental resources
and other mechanisms to formalize Taiwan’s asylum system at the earliest
opportunity.
58
See, for example, the Regulations Governing Relations with Hong Kong and Macao , the Regulations Governing Relations
between the People of the Taiwan Area and the People of the Mainland China Area (referred to as the Cross-Strait Act ), and
the Regulations Governing the Residency, Long-term Residency or Residency for Naturalization of People of the Mainland
59
China Area Living with a Relative in the Taiwan Area .
See §§121-124 of the national report. The Ministry of the Interior (MOI) provided additional information following the
NHRC’s discussion meeting with government agencies on January 17, 2023.
37