Article 3 Prohibition of Racial Segregation
Article 3
Prohibition of Racial Segregation
32. Taiwan does not practice racial segregation in the manner once practiced in
South Africa.39 However, when the introduction of migrant workers to Taiwan
was first allowed in the past, the underlying principle was to ensure that
migrant workers would not negatively impact the employment opportunities
and working conditions of local workers or interfere with economic
development and social stability due to their replacement of unskilled local
workers.40 The mindset behind the policy did not take into account whether or
how migrant workers would be integrated into local communities. This helps
explain the differential treatment of migrant workers during lockdown periods
after the outbreak of the pandemic, when their movements were restricted
as stated in §7 above. This example highlights the need for a more proactive
effort in promoting ethnic integration and equality.
33. Investigations conducted by the Control Yuan have found that according to
statistics from the Ministry of Labor (MOL), over 90% of accommodations
for migrant workers are provided by their employers, and more than 50% of
39
In Article 3 of the Compilation of Guidelines on The Form and Content of Reports to be Submitted by State Parties
to The International Human Rights Treaties (2009), recalling general recommendation No. 19 (2002), the reference to
apartheid may have been directed exclusively to South Africa, but the article as adopted prohibits all forms of racial
segregation in all countries. CERD has also noticed that while racial segregation may be caused by government policies,
it may also be an unintentional result of personal behavior. The Compilation of Guidelines on The Form and Content of
Reports to be Submitted by State Parties to The International Human Rights Treaties (2009) reminds the reporting State
that information should supplied on measures to prevent, prohibit and eradicate all practices of racial segregation,
in particular in cities where residential patterns may result from multiple discrimination based on low income and
race, color, descent or national or ethnic origin; measures to prevent and avoid as much as possible the segregation of
groups and individuals protected under the Convention, including the descent-based communities and non-citizens, in
40
particular in the areas of education and housing.
§11 of the national report explains that migrant workers were first brought into Taiwan in 1989 to meet the needs of
economic development, but were designated “supplementary in nature” and “limited to designated industries and job
opportunities.”
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