Taiwan is not a part of the UN, after being withdrawn from UN in 1971 – Cannot sign onto any resolutions or other treaties passed through the UN.¹
RSD ProceduresPersons seeking asylum in Taiwan are treated under the National Immigration Act 1999 and the National Immigration Agency is responsible for all immigration-related policies and procedures. Individuals in refugee-like situations including Tibetans, Chinese dissidents and people from Myanmar are protected through special provisions in the Immigration Act. In January 2009 the Legislative Yuan passed amendments to the National Immigration Act to allow foreign nationals who risk persecution in their country of origin to apply for residency in Taiwan. Tibetans who overstay their visas can now apply for residency certificates. Since the Immigration Act was revised, more than 100 ethnic Tibetans have gained legal residency. Also people from Myanmar who entered the country for education purposes and cannot be repatriated can apply for residency.
The Act Governing Relations between the People of Taiwan and PRC has been revised many times. The Ministry of the Interior may on a case-by case basis permit individuals from PRC to gain long-term residency in Taiwan and may restrict the categories and quota for residency applications.
In 2008 the Executive Yuan presented the Draft Refugee Act. In 2010 the Legislative Yuan appointed the Internal Administration Committee, and the Foreign and National Defense Committee to further review the Refugee Act. The Refugee Act is currently under the review process.
Refugee Cases and Refugee Law in Taiwan
E-Ling Chiu's reference offers a comprehensive history of refugees in Taiwan, in addition to statistics and current law relating to refugees.
Refugee Act of 2005
“Although the Taiwan government proposed the draft Refugee Act in 2005 and sent it to the Legislative Yuan for review, the draft is still locked in the drawer of the Legislative Yuan till the current year of 2013. So far whether the exiled Chinese dissents, exiled Tibetans or stateless people from the Thai-Burma border come to Taiwan, they are not repatriated due to a special project but most of them don’t enjoy the same rights provided in the Convention. Furthermore, asylum seekers other than those specific populations listed, would not have the same protections as those listed. Therefore the endorsed NGOs here call on the legislators to avoid blocking the Act for any political reasons.”
(For full article, refer to the link above)
¹For list of email contacts, phone numbers and descriptions, visit the Taiwan Pro Bono Directory
APRRN Member Refugee NGOs
ARTICLES AND REPORTS
- Lessons from Tibetans in Taiwan: Their History, Current Situation, and Relationship with Taiwanese Nationalism