In accordance with Article 3-2 of the Organic Law of the Control Yuan, the Control Yuan hereby establishes the National Human Rights Commission (“the NHRC”), in order to implement the constitutional protection of people's rights, lay down the basic conditions for the promotion and protection of human rights, ensure the realization of social fairness and justice, and comply with international human rights standards to establish universal human rights values and norms.
The functions and powers of the NHRC are as follows:
1. Investigate incidents involving torture, human rights violations or various forms of discrimination based on its powers or complaints from the general public, and handle them and provide remedy according to the law.
2. Study and review national human rights policies and make recommendations.
3. Publish thematic reports on major human rights issues or publish an annual national human rights status report to understand and assess the domestic human rights situation.
4. Assist government agencies in signing or ratifying international human rights instruments and their incorporation, to ensure the conformity of domestic laws, regulations, directions and administrative measures with international human rights norms.
5. Conduct systematic studies of the Constitution and statutes based on international human rights standards in order to propose necessary and feasible recommendations to amend the Constitution, legislation and laws.
6. Monitor the effectiveness of government agencies in promoting human rights education, enhancing human rights awareness and handling human rights affairs.
7. Cooperate with various domestic institutions and civil society groups, international organizations, national human rights institutes and non-governmental organizations to promote the protection of human rights.
8. Provide independent opinions for state reports submitted by the government in accordance with the provisions of various 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 Yuan President and seven Members who are qualified 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 Yuan President, who is appointed by the President at the time of nomination, and the Vice Chair shall be elected from among the NHRC members.
Two Members other than the ex-officio Members of the NHRC may also be Members of this commission, and will be assigned by the Yuan President.
Members of the NHRC other than the ex-officio Members in the preceding paragraph shall be assigned annually and shall not be reassigned.
If the Chair is vacant or unable to exercise his/her duty, the Vice Chair shall act on his/her behalf; when both the Chair and Vice Chair are vacant or unable to exercise their duties, an acting Chair shall be elected from among the NHRC members.
The NHRC convenes once a month, and if necessary, may be convened upon the proposal of three or more members.
Resolutions at the meeting shall be made with the approval of the majority.
The NHRC may hold a sub-committee meeting upon passing a resolution.
All decisions on matters listed under Article 2 of this law shall be discussed and deliberated through the NHRC meeting.
Those discussed in the preceding paragraph concerning the scope, nature, and government obligations of human rights, may be referred to the United Nations human rights conventions and other related instruments when necessary.
The NHRC establishes the following divisions to handle administrative affairs related to the functions and powers laid out in Article 2:
1. Research and Planning Division.
2. Monitoring Visits and Operation Division.
3. Education and Exchange Division.
The NHRC shall have one executive secretary ranked at Level 12 to 13 of the Selected Rank; one deputy executive secretary, ranked at Level 11 to 12 of the Selected Rank; three divisional chiefs ranked at Level 10 to 11 of the Selected Rank; two to three senior executive officers ranked at Level 10 to 11 of the Selected Rank; three to six secretaries ranked at Level 8 to 9 of the Recommended Rank; six to eight specialists ranked at Level 7 to 9 of the Recommended Rank; 11 to 16 administrative assistants ranked at Level 5 of the Designated Rank or Level 6 to 7 of the Recommended Rank; four to six assistants ranked at Level 4 to 5 of the Designated Rank, three of which may be ranked at Level 6 of the Recommended Rank; and one clerk ranked at Level 3 to 5 of the Designated Rank.
The staff members of the NHRC shall be assigned by the Yuan President in consideration of workload.
When needed, the NHRC may, on a contractual basis, employ six to 12 persons who are specialized in human rights issues and human rights protection, or have experience in working with human rights civil society groups, in accordance with the relevant regulations on the employment of contractual personnel.
The NHRC may appoint a number of domestic or foreign human rights consultants, and shall determine their selection method.
The promulgation date of this Act shall be determined by the Control Yuan.
*In case of any discrepancy between the English version and the Chinese version of this Act, the latter shall prevail.