To:
- Minister Hsu Ming-chun, Ministry of Labor
- Chairperson Chen Chu, National Human Rights Commission
- Minister Hsueh Jui-yuan, Ministry of Health and Welfare
Subject: Urgent Call for Reform: Addressing Systemic Discrimination Against Migrant Workers in Taiwan
Date:
Dear Minister Hsu, Chairperson Chen, and Minister Hsueh,
At Rights Across Nations (RAN), we are dedicated to upholding international human rights standards as outlined by the International Covenant on Civil and Political Rights (ICCPR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and the Universal Declaration of Human Rights (UDHR). While Taiwan is not officially recognized as a signatory to these treaties, it has publicly committed to aligning its domestic laws with these frameworks, demonstrating a desire to uphold the rights and dignity of all individuals under its jurisdiction.
However, despite Taiwan’s commitment, we are gravely concerned by the systemic discrimination and exploitation faced by migrant workers, particularly from Southeast Asia. These workers, who form the backbone of Taiwan’s manufacturing, domestic care, and fishing industries, are often subjected to treatment that blatantly violates the core principles of international human rights treaties.
Systemic Exploitation and Legal Inequality
Migrant workers in Taiwan face a deeply entrenched system of discrimination based on their national origin and economic status. Unlike white-collar foreign workers, blue-collar migrant workers are trapped in a two-tier system that denies them fundamental rights. This violates Article 26 of the ICCPR, which guarantees equal protection under the law without discrimination.
A clear example of this inequality is the brokerage system, which effectively holds migrant workers in modern-day slavery. Workers are charged exorbitant recruitment fees, often forced into debt bondage, and have their passports confiscated, preventing them from seeking better employment or escaping abusive work environments. This practice directly violates Article 5(b) of the ICERD, which ensures the right to security and freedom from inhumane treatment, and it breaches Article 8 of the ICCPR, which prohibits forced labor.
Moreover, during the COVID-19 pandemic, Taiwan enforced discriminatory lockdown measures that applied only to migrant workers. Workers were confined to their dormitories and workplaces, while their Taiwanese counterparts were free to move without restriction. This unequal treatment violates their rights under Article 12 of the ICCPR, which guarantees freedom of movement. The unjust targeting of migrant workers during the pandemic highlights the deep-seated prejudice they face, based solely on their nationality and economic role.
Passport Confiscation and Debt Bondage: A Form of Modern Slavery
The confiscation of passports by brokers and employers, combined with the excessive fees charged to migrant workers, places them in a position of extreme vulnerability. Unable to leave their employers, these workers are subjected to exploitative conditions, including dangerous work environments and excessive hours without proper compensation. This system resembles modern-day slavery and violates Article 8 of the ICCPR, which prohibits slavery, servitude, and forced labor. In addition, it violates Article 7 of the UDHR, which guarantees equal protection under the law without discrimination.
The financial burden imposed by the brokerage system often leaves workers in a cycle of debt from which they cannot escape, stripping them of their autonomy and human dignity. The Taiwanese government must take immediate steps to abolish this system, which is fundamentally incompatible with the international human rights standards Taiwan has committed to honor.
Call to Action: Align Taiwan’s Policies with International Standards
We urge your offices to take decisive action to reform the systemic injustices faced by migrant workers in Taiwan. Specifically, we call for:
- The Inclusion of Migrant Workers under Taiwan’s Labor Standards Act: All workers, regardless of nationality or job sector, should be protected by the same labor laws. This includes the right to fair wages, safe working conditions, and reasonable working hours. Ensuring equal protection under Taiwan’s Labor Standards Act will align with Article 7 of the ICCPR, which guarantees just and favorable work conditions.
- The Abolition of the Brokerage System: The exploitation inherent in the brokerage system must be replaced with direct government-to-government hiring programs or other models that eliminate the need for brokers. This will protect workers from debt bondage, forced labor, and human trafficking, in accordance with Article 8 of the ICCPR and Article 5(b) of the ICERD.
- Elimination of Discriminatory Practices Based on National Origin: Migrant workers should not be treated differently from other foreign workers or local employees, whether in times of crisis like the pandemic or in day-to-day labor practices. This would ensure compliance with Article 26 of the ICCPR and Article 7 of the UDHR, which guarantee equal protection and non-discrimination.
Conclusion
Migrant workers are an essential part of Taiwan’s society and economy. They deserve the same rights, protections, and dignity as all workers in Taiwan. By addressing these systemic issues and bringing Taiwan’s policies in line with international human rights standards, your ministries can lead the way in ensuring fairness and equality for all.
We are committed to fostering a constructive dialogue and working together to address these urgent human rights concerns. We look forward to your response and hope to see concrete steps taken to remedy the situation.
Sincerely,
Alex Langston
Rights Advocate
Rights Across Nations (RAN)
rightsacrossnations.org