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Control Yuan deliberations; 12 October 2021
On 12 October 2021, the Control Yuan passed the Draft Amendments to the Control Act, adding a special section to Chapter 5-1, “Exercise of the Powers and Functions of the National Human Rights Commission,” by enacting a special law, sending it to the Legislative Yuan for consideration on the same day. This amendment not only ensures that the National Human Rights Commission will exercise its powers and functions in accordance with the law, but also conforms to the principles of establishing an effective and credible national human rights institution as stated in the UN’s Paris Principles, implementing the constitutional protection of people’s rights, laying the groundwork for the promotion and protection of human rights, and ensuring the realization of social justice.
The main points of this amendment and the new system, in line with the international community, are as follows:
(1) Clearly distinguishing the difference between the powers and functions of the NHRC and the constitutional powers and functions of the CY, highlighting the former’s independence and specialization.
The NHRC’s powers and functions are preventive in nature, working together with the executive branch to find solutions to problems in order to be in line with international human rights standards; the constitutional powers and functions of the CY (censure, corrective measures, and impeachment) are post-facto and supervisory in nature. The amendments to the law provide for a special chapter to highlight the independence and specialization of the NHRC’s authority and avoid confusion among the outside world.
(2) Compliance with the United Nations Paris Principles to regulate methods of investigation of human rights violations
In the event of a complaint about a human rights violation, the NHRC may write to the relevant authorities, legal persons, and organizations to state the facts or provide information, and if necessary, conduct on-site investigations. Such investigations are not coercive and are intended to ameliorate the problem of human rights violations, not to hold civil servants personally or institutionally accountable for said violations.
(3) Introduction of a systemic national inquiry system based on the experiences of Australia and New Zealand with national inquiries
The NHRC is explicitly allowed to conduct national inquiries—systematic interviews or large-scale inquiries such as symposia or focus group dialogues—to collect, compile, and analyze information; explore national human rights policy issues; and promote the voluntary improvement of human rights issues by government agencies.
(4) Establish a monitoring mechanism to urge government agencies to implement international human rights treaties
A monitoring mechanism is to be established and legalized as the basis for implementation, including the establishment of human rights indicators, the acceptance of complaints, and the investigation of cases. The monitoring methods include questionnaires, symposia, interviews, and requests for official statistics to monitor government agencies’ implementation of international human rights treaties.
(5) Speedy completion of the legal basis for human rights work
The nine powers and functions of the NHRC must have a sound legal basis to gain the trust of the people and the respect and cooperation of government agencies and truly realize the mission of promoting and protecting human rights. We expect the third reading of the amendments to be complete as soon as possible.
Source: Control Yuan (CY), Taiwan
