Article 5 Measures to Safeguard Various Rights Southbound Policy were recruited by unscrupulous agencies and subsequently subjected to labor exploitation and maltreatment. These instances are seen as a new form of human trafficking.110 The MOL has written to the Ministry of Education (MOE) asking for the creation of a list of high-risk schools that enroll students through scholarship programs but fail to provide the scholarships as agreed upon and instead arrange for students to work in factories. However, the on-site inspections conducted by the MOE, which started in 2021, have yet to discover any violations of the labor rights of foreign students. Also, the MOL has not received notification of any cases from MOE special inspections that would require their intervention or the involvement of local governments.111 88. Recommendations: The NHRC believes that the above-mentioned inspection results deviate from actual circumstances.112 The MOE and the MOL should increase the number of inspection visits and strengthen procedures for issuing timely warnings and protecting the rights of students. The regulations stipulated in Article 5 of the Labor Standards Act in Taiwan regarding forced labor may be inadequate to protect foreign students and other high-risk groups. The competent authorities should plan to revise the regulations and incorporate ILO indicators of forced labor into domestic laws to ensure their effective enforcement in Taiwan. 110 111 Liberty Times (2022, Jan 27). Dean at Chung Chou University searched and detained for Ugandan student labor scam . Retrieved from https://news.ltn.com.tw/news/society/breakingnews/3814625. MOE and MOL responses in NHRC discussion meeting (2023, Jan 17). Since the second semester of the 2021 academic year, the MOE has been reviewing the foreign student enrollment and counseling information of 136 schools. Priority is given to conducting unannounced on-site inspections of schools subjected to preliminary warnings and schools subjected to special supervision. In the second semester of the 2021 academic year, 16 schools were inspected, and in the first semester of the 2022 academic year, 21 schools were inspected. Investigations have yet to find any labor rights 112 violations against foreign students. Recently, cases involving forced labor under the pretense of overseas internships, such as the Chung Chou University Ugandan student labor scam and the Kao Yuan University work-study scam, have come to light. On October 11, 2021, the Chung Chou University case was prosecuted by the Changhua District Prosecutors’ Office on charges of fraud and human trafficking. According to the written reply of the Ministry of Justice on March 16, 2023, the Kao Yuan University work-study scam is still under investigation. 63

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