Photo: Olimpia Kot
What is happening?
While the world, as it has every year since 2001, marked World Refugee Day on June 20, a day established by the UN General Assembly to honor the strength and resilience of displaced people, it is difficult to overlook Taiwan’s ongoing legislative gap in this area. Despite the first attempt to introduce a Refugee Law more two decades ago, Taiwan still lacks a formal legal framework to address the needs and rights of individuals seeking asylum. Currently, approximately 40 asylum seekers remain in legal limbo, their applications stalled due to the absence of clear procedural or legal guidelines. This situation not only leaves them without protection or status but also exposes them to prolonged uncertainty and psychological hardship.
What is the Broader Picture?
Due to its unique international status, Taiwan, as a non-member of the United Nations, is not party to the 1951 Refugee Convention — the core international treaty defining refugee status, rights, and state obligations. There is also no domestic legal framework for granting asylum or refugee status, and no formal system exists to protect refugees. Efforts to pass an asylum law in Taiwan date back to 2005, when the first draft was introduced to Taiwan’s legislature. Similar proposals followed in 2011 and 2012, but none advanced to the parliamentary committee stage. Despite commitments under the 2022-2024 National Human Rights Action Plan, the government has yet to advance legislation establishing a formal asylum system.
As a result, asylum claims are handled on a case-by-case basis with attention to international practice and human rights. Taiwan has ratified several key human rights agreements related to the treatment of refugees, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). However, during a recent review by ICERD, concerns were raised over the handling of asylum claims by Taiwan’s National Immigration Agency. Critics accused the NIA of misrepresenting its procedures while failing to address rights violations. Despite assurances, asylum seekers continue to face detention, with recent cases contradicting official claims. Many applicants lack temporary legal status or access to support services. Over half of all cases remain unresolved after six months, leaving individuals in legal and social precarity. Still, despite the absence of clear refugee regulations, some asylum seekers continue to appeal for protection in Taiwan.
The lack of coherent legal framework for asylum procedures in Taiwan is partly shaped in the eyes of experts by a complex legal and political context, particularly the sensitive issue of national sovereignty. Many asylum seekers originate from the People’s Republic of China, Hong Kong, and Tibet, regions still constitutionally regarded as part of the Republic of China. Consequently, these individuals are often viewed as citizens rather than foreign nationals, complicating their legal status. Public sentiment also plays a role, as online discourse frequently reflects ambivalence toward asylum seekers and foreigners more broadly.
Why does it Matter?
Although the UN rejected Taiwan’s official documentation of the treaties, they are now enshrined in domestic law, superseding any contending legislation, which has been amended to reflect the primacy of the international instruments. This means that Taiwan is legally bound by the principles of non-refoulement that state a person cannot be extradited, deported or expelled from a country in cases where there is reason to believe that person’s life or freedom is under threat. The issue, thus, appears to be one of consistent enforcement.
Furthermore, given its unique political context and commitment to human rights, Taiwan has the potential to serve as a regional hub for international nongovernmental organizations dedicated to protecting democracy-organizations whose members may face persecution in their countries of origin or host states due to shifting political landscapes. By providing a secure and supportive environment, Taiwan could play a pivotal role in safeguarding democratic values and human rights in the region.
