employers charge the migrant workers for meals and accommodation.41 §84
of the national report stipulates the “protection of the right to residence and
personal freedom of migrant workers”and contends that employers must fulfill
their obligations laid out in the Foreign Worker Living Care Service Plan. The
report also states that migrant workers may choose to live in accommodations
not arranged by the employer.42 §32 of General Recommendation No. 30 states
that state parties should ensure that both citizens and non-citizens enjoy
equal rights to adequate housing and, in particular, that any form of housing
segregation must be avoided. However, most industrial migrant workers in
Taiwan reside in collective accommodations provided by their employers for
the sake of easier management. The living conditions, management practices,
and care services of their accommodations are largely unsatisfactory. The
government needs to improve its efforts and increase resources to help
migrant workers become integrated into local communities.
34. For §§32-33, the NHRC recommends: In the spirit of General Recommendation
No. 19, the government should keep track of the living conditions of migrant
workers, monitor practices that may lead to racial segregation, strengthen
measures that can reduce the potential for it, and eliminate negative impacts
resulting from it. Any action taken by the government should be included in
the national report.
41
42
The Control Yuan investigation report approved on December 15, 2018 (107 財調 0058)
On February 24, 2023, the MOL sent a written response, which is summarized as follows: “To protect the freedom of
movement of migrant workers as stipulated in the ICCPR & ICESCR, the Ministry revised the Regulations on the
Permission and Administration of the Employment of Foreign Workers on April 29, 2022. Migrant workers are free to
choose their own residence rather than the accommodations supplied by their employer. Local governments will
conduct visits upon receiving notification to investigate whether migrant workers are truly free to choose their own
residence.
Upon receiving a Foreign Worker Arrival Notification or Notification of Consecutive Employment, local governments
inspect the migrant worker’s living quarters; currently, there are no records of migrant workers choosing to reside in
accommodations not arranged by their employers.”
28