Examining Refugee Protection in Non-Signatories to the Refugee Convention and Protocol: Lessons Learned for the Taiwan Context

Abstract

AbstractTaiwan is not a member of the United Nations (UN) and is neither a signatory to the 1951 Convention Relating to the Status of Refugees nor the 1967 Protocol. While Taiwan’s enactment of a refugee act remains stalled, individuals fearing return to their countries of origin continue arriving on the island and need protection. Drafts of the refugee act contemplate the Taiwanese government’s cooperation with the United Nations High Commissioner for Refugees (UNHCR), whose mandate is to lead and coordinate the global protection of refugees. While the UNHCR does not have a presence in Taiwan, it has operated in other areas that are neither UN members nor signatories to the Refugee Convention or Protocol. Filling a gap in current literature, this chapter examines the UNHCR’s role in other non-UN member and non-signatory states with asylum seeking and refugee populations, to explore potential collaboration between Taiwan and the UNHCR. To identify challenges in refugee protection in Taiwan and potential involvement from the UNHCR, I interviewed advocates representing asylum seekers in Taiwan. I also compared various versions of the draft refugee act and reviewed existing secondary sources. Through a literature review and interviews, I examined the successes and challenges of local frameworks for asylum and refugee protection and the UNHCR’s role in select non-UN member and non-signatory states. This chapter concludes with policy recommendations to the Taiwanese government and the UNHCR for establishing mechanisms that can better provide protection and safety for vulnerable individuals arriving on the island.