In accordance with Article 3, Paragraph 2 of the Organic Law of the Control Yuan, the Control Yuan hereby establishes the National Human Rights Commission (“the NHRC”) for the purpose of implementing constitutional protections of the people's rights, laying a foundation for the promotion and protection of human rights, ensuring the realization of social justice and fairness, and complying with international human rights standards by adopting universal human rights values and norms.
The functions and powers of the NHRC are as follows:
1. To investigate incidents involving torture, human rights violations, or various forms of discrimination in accordance with its authority or in response to petition from the general public, and to handle them and provide remedy according to the law.
2. To study and review national human rights policies and make recommendations.
3. To publish thematic reports on major human rights issues or annual reports on the state of human rights in the nation to understand and assess the domestic human rights situation.
4. To assist government agencies in the signing or ratification of international human rights instruments and their incorporation, and to ensure the conformity of domestic laws, regulations, directives, and administrative measures with international human rights norms.
5. To conduct systematic studies of the Constitution and legal statutes based on international human rights standards in order to propose necessary and feasible recommendations to amend the Constitution, legislation and laws.
6. To monitor the effectiveness of government agencies in promoting human rights education, enhancing human rights awareness, and handling matters involving human rights
7. To cooperate with domestic institutions and civic groups, international organizations, national human rights institutes, and non-governmental organizations to promote the protection of human rights
8. To provide independent opinions for national reports submitted by the government in accordance with the provisions of international human rights treaties
9. Other matters related to the protection and promotion of human rights
The NHRC shall consist of 10 members, with the president of the Control Yuan and seven members who qualify under Article 3-1, Paragraph 1, Subparagraph 7 of the Organic Law of the Control Yuan as ex-officio members. The NHRC shall be chaired by the president of the Control Yuan, who is appointed by the President at the time of nomination, and the vice chairperson shall be elected from among the NHRC members.
Two members of the Control Yuan other than the ex-officio members of the NHRC may also be members of this Commission upon appointment by the president of the Control Yuan.
Members of the NHRC other than the ex-officio members of the preceding paragraph shall be assigned annually and shall not be reassigned.
If the chairperson is absent or unable to exercise his/her duty, the vice chairperson shall act on his/her behalf; when both the chairperson and vice chairperson are absent or unable to exercise their duties, an acting chairperson shall be elected from among the NHRC members.
The NHRC shall convene once a month, and if necessary, a meeting may be convened upon the proposal of three or more members.
Meeting resolutions shall be made with the approval of the majority.
The NHRC may hold sub-committee meetings upon the passage of a resolution.
All resolutions on matters listed under Article 2 of this Act shall be discussed and deliberated through the NHRC meeting.
If the discussions and deliberations laid out the preceding paragraph involve the scope and nature of and government obligations in regard to human rights, members may refer to the United Nations human rights conventions and other related instruments as necessary.
The NHRC shall establish the following divisions to handle administrative affairs related to the functions and powers laid out in Article 2:
1. Research and Planning Division
2. Enquiries and Investigation Division
3. Education and Promotion Division
The NHRC shall have one executive secretary ranked at level 12 to level 13 of the senior rank; one deputy executive secretary, ranked at level 11 to level 12 of the senior rank; 3 division chiefs ranked at level 10 to level 11 of the senior rank; 2 to 3 senior executive officers ranked at level 10 to level 11 of the senior rank; 3 to 6 secretaries ranked at level 8 to level 9 of the junior rank; 6 to 8 executive officers ranked at level 7 to level 9 of the junior rank; 11 to 16 officers ranked at level 5 of the elementary rank or level 6 to level 7 of the junior rank; 4 to 6 junior officers ranked at level 4 to level 5 of the elementary rank, 3 of whom may be ranked at level 6 of the junior rank; and one clerk ranked at level 3 to level 5 of the elementary rank.
NHRC staff shall be assigned by the President of the Control Yuan as necessitated by the workload.
When needed, the NHRC may, on a contractual basis, employ 6 to 12 persons who are specialized in human rights issues and human rights protections or have experience in working with civic groups concerned with human rights, in accordance with regulations on the employment of contractual personnel.
The NHRC may appoint a number of domestic or foreign human rights consultants whose selection method shall be stipulated separately.
The promulgation date of this Act shall be determined by the Control Yuan.