26.
As many cases of improper discipline of students have occurred in juvenile
reform institutions, the Control Yuan has initiated an investigation of these
institutions. The findings prompted the Agency of Corrections to not only
augment human resources, equipment and facilities, but also to establish
procedures to regulate the use of physical restraints, and to provide medical
equipment and student medical treatment. The agency introduced special
educational resources, and enhanced the guardians’ knowledge about special
education and counseling skills. Furthermore, it also integrated the procedures
in both the judicial and administrative branches to resolve juvenile cases, as
well as facilitate teamwork among the sectors of education, health, social
welfare, labor administration, and prison administration. In 2019, juvenile
reform institutions were reorganizí into a branch of Juvenile Correctional
Schools, and future improvements are to be expected.
Article 8 Protections Against Slavery
Prevention of Human Trafficking and Labor Exploitation
27.
Foreign boat crew members hired abroad are identified as the lowest-level
laborers working in high-risk, critical environments. Despite having a standard
labor contract, the protection of their rights and interests provided therein is
still akin to a dead letter. As Taiwan’s laws and regulations do not apply to
them, they cannot be protected under these laws and regulations. Given the
poor labor conditions and insufficient protection of their interests and rights,
foreign crew members are often forced to work overtime and accept poor
meals and medical care, and are even exploited or subjected to situations of
human trafficking and abuse. According to international media, they are
generally described as “slave labor” and “slaves.” As a country upholding
human rights while making massive harvests in distant water fisheries, Taiwan
cannot ignore the protection of foreign crew members’ basic rights. Upon
investigation and subsequent follow-up by the Control Yuan, the Council of
Agriculture enacted and promulgated the Act for Distant Water Fisheries and
amended the Fisheries Act on July 20, 2016. It then promulgated and enforced
the Regulations on the Authorization and Management of Overseas
Employment of Foreign Crew Members on January 20, 2017, in order to
regulate employment brokers, expressly define the assurance of a minimum
salary, enhance the personal and medical protection for foreign crew members,
and take more robust measures to improve fishing workers’ labor conditions.
28.
According to data from the Immigration Agency of the Ministry of the Interior
(hereinafter referred to as the “Immigration Agency”), from 2012 to the end of
December 2017, there have been a total of 676,142 migrant workers in Taiwan.
Of this number, there have been 52,317 migrant workers who canot be traced
and their whereabouts are unknown, with this number increasing year on year.
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