Article 2 Elimination of Racial Discrimination
official staff member of an embassy, consulate, foreign office, or international
organization. (In the Chinese version of the Regulations, the term used is “外籍
僕役”[foreign servant])29 Although the word “servant”( 僕役 ) is used to refer to
foreign private employees as is done in the Vienna Convention on Diplomatic
Relations (VCDR), it can hardly be considered a neutral word. Whether it is
necessary to continue using the word “servant” ( 僕役 ) is a point that should
undergo review. The terminology used in laws and regulations formulated
in times past is often either no longer in line with the current situation or is
simply out of date. The term “tribal individuals,” which can be found in the
Act Governing the Appointment of Personnel from the Mongolia and Tibet
Regions ,30 is one such example.
23. For §§21-22, the NHRC recommends:
(1) The government should act in accordance with Article 2, Paragraph 1(c)
of ICERD by reviewing and amending any discriminatory terminology
or terminology of a questionable nature that is found in its laws and
regulations.
(2) When regulations or policies at the central government level are being
formulated, the spirit and implications of ICERD should be taken into
account, and they should be implemented into regulations and policies
enacted at the local government level as well.
24. Ethnic mainstreaming should follow a three-pronged strategy: legal
framework, policy, and organization, and ethnic equality should be included
in legislation. The NHRC recommends the use of policy tools such as
the prohibition of ethnic discrimination, use and development of ethnic
29
30
The term “private servant” can be found in Article 1 of the VCDR 1961.
On the UN’s Chinese language website, the term “indigenous peoples” is translated as“ 土 著 人 民 ”, which is considered
a discriminatory term in Taiwan. Whether or not such terminology should remain in older domestic laws and regulations
requires further discussion.
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