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Taiwan: Control Yuan

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Abstract

Taiwan consists of one main and several smaller islands. Following military defeat in 1895, China was forced to surrender Taiwan to Japan. China resumed control of the island after the end of World War II. When in 1949 the Communist movement prevailed on the mainland, Taiwan continued to adopt the pre-existing 1947 Constitution. Due to China’s “One China”-policy, Taiwan has no seat in the UN, and its application to join the UN under the name Taiwan was rejected in 2007. Taiwan has become a multiparty democracy following transformations in the 1990s. Head of Government is the directly elected President. Legislator is the unicameral Legislative Yuan (the Parliament) which is elected by universal suffrage every 4 years. The Premier and the Cabinet (Executive Yuan) manage the daily affairs of Taiwan.

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Notes

  1. 1.

    Cf CIA World Factbook (Taiwan).

  2. 2.

    Cf news.bbc.co.uk/2/hi/asia-pacific/6913020.stm.

  3. 3.

    June 2011 estimate for the end of May 2011, cf www.ris.gov.tw/web_eng/eng_index.html.

  4. 4.

    Hakka are one of the ethnic groups of China and are considered a subgroup of the Han Chinese, cf www.britannica.com/EBchecked/topic/252138/Hakka.

  5. 5.

    Cf CIA World Factbook (Taiwan).

  6. 6.

    In addition to its 175 original articles, the Constitution contains twelve additional articles that have been added in seven rounds of revision since 1991.

  7. 7.

    The Examination Yuan consists of Ministries and Commissions. Its Ministry of Examination conducts examinations for civil servants and professional and technical personnel. In addition there is a Ministry of Civil Service, which is responsible for all matters concerning employment, a Civil Service Protection and Training Commission and a Public Service Pension Fund Supervisory Board. Cf http://www.exam.gov.tw/cp.asp?xItem=6257%26ctNode=603%26mp=5 for more details.

  8. 8.

    Functions of the Judicial Yuan include interpretation of the Constitution, impeachment of the President and Vice President, adjudicate civil, criminal and administrative cases and cases concerning disciplinary measures regarding public officials, see art. 77 and art. 78 Const., art. 5 of the Amended Constitution and art. 30, 43 and 75 of the Local Government Systems Act.

  9. 9.

    Cf Sect. 1.1.3, p. 6 for details.

  10. 10.

    According to information provided by the Control Yuan, there have been discussions in Taiwan on how to set up an NHRI which is fully in compliance with the Paris Principles. It appears, however, that, due to the unique five-powers-system of government, it may take some time to come to a consensus on this issue. The Control Yuan plays an important role in the protection of human rights.

  11. 11.

    At the time of its first mandate, the Control Yuan functioned as an Upper House of Parliament with elected members.

  12. 12.

    In Taiwan, an Organic Law needs to go through a three-reading procedure in the Legislative Yuan, while ordinary laws do not require such a procedure.

  13. 13.

    Cf “historical background” under www.cy.gov.tw/mp21.htm for details.

  14. 14.

    Sun Yat-Sen (1866–1925) is considered the father of modern China. He was the leader of the Chinese Nationalist Party (Kuomintang) and served as the first President of the Republic of China. Cf www.britannica.com/EBchecked/topic/573697/Sun-Yat-sen.

  15. 15.

    Cf Chao (2010), p. 2.

  16. 16.

    ICESCR stands for International Covenant on Economic, Social and Cultural Rights, ICCPR stands for International Covenant on Civil and Political Rights. By way of this Act, the provisions of both covenants become binding law in Taiwan although Taiwan is not a UN member, cf p. 257 above. In addition to the Act, the Rules Governing the Establishment of the Human Rights Protection Committee are also of relevance. Cf Liao (2001) for more details on the history of Taiwan’s involvement in the international human rights regime.

  17. 17.

    Including the Enforcement Rules of the Act on Property-Declaration by Public Servants as well as the Regulations Governing Examination and Browsing of Materials of Property-Declaration by Public Servants.

  18. 18.

    Including the Enforcement Rules of the Act on Recusal of Public Servants Due to Conflicts of Interest.

  19. 19.

    Including the Enforcement Rules of the Lobbying Act.

  20. 20.

    These laws, except for the Act to Implement the ICESCR and the ICCPR, are also dubbed the “Sunshine Laws” for their function to make proceedings open to the general public.

  21. 21.

    Cf Chao (2010), p. 3.

  22. 22.

    Art. 7(2) of the Additional Articles to Constitution stipulates that, in case of impeachment of Control Yuan personnel, also art. 95 and art. 97(2) Const. shall apply. According to these provisions, the Control Yuan may propose corrective measures or institute an impeachment.

  23. 23.

    Seven out of 29 are female, as of September 2011.

  24. 24.

    The Human Rights Protection Committee was established in 2000. It handles human rights cases and also collects information on human rights issues from domestic and international sources. Information provided by the Control Yuan.

  25. 25.

    Cf Organic Law of the Control Yuan and Organic Law of the Committees of the Control Yuan.

  26. 26.

    Cf Sect. 20.2.3.1 below, p. 264 for more information.

  27. 27.

    Cf Annual Report 2010.

  28. 28.

    Cf Organic Law of the Ministry of Audit and its general rules.

  29. 29.

    Information provided by the Control Yuan.

  30. 30.

    The Committee is composed of both public officials and private citizens, chaired by the Vice President. Information provided by the Control Yuan.

  31. 31.

    Information provided by the Control Yuan. Cf also Liao (2001), p. 104 for more details.

  32. 32.

    Further, the Ministries appoint both Chair and CEO of public companies.

  33. 33.

    Until 1997, impeachment of the President or Vice President was to be initiated by the Control Yuan. Since a constitutional amendment in July 2007 this power rests with the Legislative Yuan.

  34. 34.

    Cf Sect. 20.2.1.1, p. 259 for a list of the laws and Sect. 20.2.3.1, p. 264 for more details on the various oversight functions.

  35. 35.

    Cf p. 265 below for more details.

  36. 36.

    Cf footnote 16 above, p. 259.

  37. 37.

    Information provided by the Control Yuan.

  38. 38.

    According to art. 11 and art. 12 of „Measure of Handling People’s Complaints“.

  39. 39.

    Cf Annual Report 2009, p. 7.

  40. 40.

    The Control Yuan must seek permission of the head of the organisation in question who may refuse only for exceptional reasons (e.g. Taiwan’s security interests) (s27 Control Act).

  41. 41.

    The Control Yuan member(s) who investigate(s) the case decide(s) to which group a case belongs, based on the Control Yuan’s “Measure of Handling People’s Complaints”.

  42. 42.

    Cf Chao (2010), p. 5.

  43. 43.

    Cf Chao (2010), p. 5.

  44. 44.

    Cf Chao (2010), p. 6. To this end, the Control Yuan members hold press conferences once a case of impeachment, censure or corrective measures has been approved by the Control Yuan.

  45. 45.

    Excluding those who have initiated the case.

  46. 46.

    The twelve teams are formed according to administrative areas, cf Sect. 20.2.1.3, p. 261.

  47. 47.

    Except those held purely for the screening of the qualifications of the examinees (s1(1) Examination Invigilation Act).

  48. 48.

    Provincial level and city Governments are audited by the Departments of Audit, and local level Governments are audited by the Offices of Audit (s4 and s5 Audit Act).

  49. 49.

    Political donations under the law are those made to political parties, political groups and candidates.

  50. 50.

    Inter alia, legislators shall not lobby for a private company run by themselves or related persons (s12 Lobbying Act).

  51. 51.

    Inter alia, other Governments, legal persons and organisations with regard to certain matters, cf s7 and s8 Lobbying Act.

  52. 52.

    Inter alia, anyone who has committed a crime listed in s11 Lobbying Act is disqualified from being commissioned, or being assigned to serve as a lobbyist.

  53. 53.

    In practice, requests for review include the issue of complaint handling, fines and punishments imposed on public officials in violation of assets report, conflict of interest or political donations. Cases that involve an application for compensation are reviewed by a different internal procedure (information provided by the Control Yuan).

  54. 54.

    In accordance with either the provisions of the Code of Criminal Procedure or the Code of Civil Procedure.

  55. 55.

    Impeachment cases of judicial personnel must be initiated by two or more members of the Control Yuan and must be investigated and voted upon by a committee of not less than nine of its members (art.7(3) Additional Articles to the Const.).

  56. 56.

    In 2010, there were 20 cases of impeachment and three cases of censure, cf Annual Report 2010, p. 44.

  57. 57.

    Cf Chao (2010), p. 3.

  58. 58.

    Cf Sect. 3.2.6.2, p. 55 for details.

  59. 59.

    Information provided by the Control Yuan. The provisions of the CEDAW become binding law in Taiwan through this Act although Taiwan is not a UN member, cf Sect. 20.1, p. 257 above.

  60. 60.

    Cf p. 261 above.

  61. 61.

    Cf Sect. 20.2.3.1 above, p. 264, for a more detailed description of these functions.

  62. 62.

    Of all complaints handled, 2,845 (11.15 %) were complemented with related data by the investigated organisation; 5,557 (21.77 %) were referred to the respective administrative organisation for reference; 4,818 (18.88 %) concerned legal or administrative redress procedure; 206 (0.81 %) were out of jurisdiction; 1,764 (6.91 %) required further reference; 339 (1.33 %) lacked substantial evidence for processing; 8,714 (34.14 %) were merged with other cases; and 789 (3.09 %) were processed in other ways. Cf Annual Report 2010, p. 7 and p. 9.

  63. 63.

    Cf Annual Report 2010, p. 8.

  64. 64.

    Cf Annual Report 2010, p. 14, 44, 23, 25, 35, and p. 37.

  65. 65.

    Cf APOR Manual 2009, p. 112 et seq.

References

  • Chao LR (2010) Special powers & reports of the Control Yuan. Speech held at the 25th APOR Conference, 19 March 2010

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  • Liao FF-T (2001) Establishing a national human rights commission in Taiwan: the role of NGOs and challenges ahead. Asia Pac J Hum Rights Law 2(2):90–109

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  1. Ludwig Boltzmann Institute of Human Rights, Vienna, Austria

    Michael Frahm

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    Frahm, M. (2013). Taiwan: Control Yuan. In: Australasia and Pacific Ombudsman Institutions. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-33896-0_20

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