V. Incorporation of ILO-C188 into Domestic Law
Taiwan is not a member of the ILO and, therefore, cannot formally
ratify the C188 Convention. Nonetheless, the human rights issue in
fisheries in Taiwan has drawn significant domestic and international
attention. Additionally, Taiwanese fishing vessels entering ports of
countries that have ratified the C188 Convention may be subject to port
inspections under the convention’s provisions. Taiwan’s “National Human
Rights Action Plan” was conceived to address these challenges, including
stipulations as part of its effort to strengthen its protection framework for
human rights. The “Action Plan for Fisheries and Human Rights” further
aligns with this goal by incorporating core principles of the C188
Convention into practice.
i. Responsible Authorities and Methods for
Domestic Implementation
Initially, the Executive Yuan tasked the MOL with leading the
domestic implementation of ILO-C188. The MOL commissioned a twoyear research study titled “The Domestic Implementation of the ILO Work
in Fishing Convention (C188)” to a team from National Chengchi
University (NCCU). The study analyzed potential legal pathways for
domesticating the provisions of the C188 Convention. NGOs advocated
for adopting an Implementation Act—similar to Taiwan’s Act to Implement
the Two Covenants—to incorporate the convention’s principles into
domestic law. However, academics and government agencies leaned
toward either enacting specialized legislation or amending existing laws to
align with C188 requirements.
The MOL also convened five inter-
ministerial meetings and one consultation session with experts and scholars
to identify discrepancies between the C188 Convention and existing
domestic legislation. This laid the groundwork for determining the most
suitable approach to bridge these gaps.
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