Youth Welfare and Rights Act, these are nothing but temporary measures
which cannot help with their future development. After all, once they attain 18
or 20 years old, they will no longer be identified as juveniles or children, and
they cannot enjoy protective umbrella of state care any more. The problem is
getting worse because of the increasing number of migrant workers that are
unaccounted for (i.e. it is known that the migrant workers entered the country,
but their current whereabouts are unknown). The Executive Yuan must
recognize these juveniles’ and children’s basic human rights in consideration
of their plight, urge its subsidiary ministries to work together on solutions to
protect the fundamental rights of juveniles and children under the related
International Human Rights Covenants. Upon investigation and subsequent
follow-up by the Control Yuan, the Ministry of Interior has discussed operating
procedures and alternate measures for resolving the problems of identity and
residence of the non-native juveniles and children under the various conditions
of “who are identified as stateless but cannot be successfully adopted,” “whose
biological fathers are unknown and biological mothers already departed from
the country or are deported, or with untraceable whereabouts” and “whose
biological fathers are unknown and biological mothers are foreign nationals
and with untraceable whereabouts in Taiwan”.
149. A child should be registered immediately after he/she is born, and should have
a name and is entitled to the right of nationality from birth. A child should not
be discriminated against or punished based on his/her parents’ identity. All of
these stipulations refer to a child’s basic human rights. From January 2007 to
the end of June 2019, the Immigrant Agency has received into its protection a
total of 9,381 non-native newborn cases, including 496 non-native children
born to foreign migrant workers who are unaccounted for. Adding this number
to the number of children born to foreign migrant workers without registration
via hospitals or medical institutions will result in a far greater number than the
official data. Their lack of nationality violates the Convention on the Rights of
the Child and Article 22 of the Protection of Children and Youth Welfare and
Rights Act. Moreover, the Executive Yuan has also negligently delayed in the
improvement and maintenance of these children’s basic human rights. Upon
investigation and subsequent follow-up by the Control Yuan, the Immigration
Agency re-conducted the survey, and found that children without nationality
whose biological mothers are untraceable foreign migrant workers totaled 878
persons from January 2007 to the end of December 2019, including 236
children who cannot be located. The Agency will continue its search for those
unaccounted-for persons.
150. The Immigration Agency failed to take into account in the “List and Procedure
for Applications for Determination of Stateless Persons by Non-Native
Juveniles and Children Born in Taiwan” and “Standard Operating Procedure
for Issuance of Overseas Chinese and Foreign national Resident Visa to Non64