and scholars should be incorporated into the deliberation process in order to increase civil participation and ethnic awareness. 21. In 2020, a working group was formed to review ICERD-related legal provisions. In the past two years, the working group has identified 11 questionable provisions that need amendment and 17 others requiring further review. Discussion with the competent authorities revealed that the government has not specified a timeframe for the amendment of these provisions,26 and progress is slow. 22. The NHRC has also become aware that the government has so far only reviewed laws and regulations at the central government level. Additionally, it should be pointed out that although Article 5 of the Employment Service Act is intended to ensure equal employment opportunity for all citizens,27 relevant laws and regulations should also be stipulated for non-citizens to protect them from employment discrimination.28 In addition, Article 2, Subparagraph 5 of the Regulations for the Approval and Management of Employment of Foreign Nationals by Embassies, Consulates, Foreign Offices, International Organizations, and their Personnel in the Republic of China (Taiwan) provides that the term “foreign member of the private staff” refers to any foreign national member of the private staff employed exclusively in the service of an 26 27 NHRC discussion meeting with government agencies (2023, Feb 1). Article 5, Paragraph 1 of the Employment Service Act stipulates: “For the purpose of ensuring nationals’ equal opportunity in employment, employers are prohibited from discriminating against any job applicant or employee on the basis of race, class, language, thought, religion, political party, place of origin, place of birth, gender, gender orientation, age, marital status, appearance, facial features, disability, horoscope, blood type, or past membership in any labor union; matters stated clearly in other laws shall be followed in priority.” Although the Ministry of Labor (MOL) has expanded the application of this paragraph to non-citizens through administrative interpretations, ambiguity still remains, as it is not explicitly stated in laws and regulations (see official MOL documents No. 0930204733: 勞職業字第 0930204733 號令 [Nov 28 11, 2004] and No. 1010073004: 勞職業字第 1010073004 號函 [Jul 24, 2012]). §35 of ICERD General Recommendation No. 30 provides that state parties “recognize that, while state parties may refuse to offer jobs to non-citizens without a work permit, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.” Hence, employers shall not discriminate against any migrant worker due to their nationality, race, or union membership, or for any other reason. 20