instrument of accession was rejected by the UN on the ground that Taiwan (ROC)
was not a member state based on the aforementioned Resolution 2758. Notwith-
standing the rejection, the government released the initial state report in March
2009 , and invited experts, all of whom were ex-CEDAW committee members, to
review it.
In 2009 , the Legislative Yuan ratified the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR). The deposition of these two ratifications
with the Secretary General of the UN failed again. However, an Act to implement
the ICCPR and the ICESCR was passed to ensure the applicability of all rights
protected by the two covenants in the domestic legal system. This law became
effective on December 10 , 2009. The initial state reports of ICCPR and ICESCR
were released on April 22 , 2012 , with the official English translation published on
December 18 , 2012. Under the initiative and preparation of the Presidential
Consultative Human Rights Committee, an international review of both state
reports, which closely emulated the reviewing practice of the Human Rights
Committee and the Committee on Economic, Social and Cultural Rights, took
place at the end of February 2013. Ten international experts, all of whom have
had outstanding records in international human rights practices, were invited to
serve on the two reviewing bodies, one for the ICCPR and the other for the
ICESCR.
36
Concluding observations and recommendations were adopted by
these experts on March 1 , 2013 , and the government has pledged full compliance
and implementation.
Notably the convergence of international human rights law and the domestic
legal order in Taiwan may be attributed to the democratic transition and the
animated civil society it helps foster. Though democratic transition in Taiwan
did not breed any constitutional revision that touched directly on the issue of
human rights, it did bring about a vibrant and resilient civil society that has greatly
contributed to the advancement of international human rights. The convergence of
international human rights law and domestic constitutions at the domestic level
has proceeded primarily in three major ways: ( 1 ) a direct or indirect constitutional
codification of international human rights laws, ( 2 ) statutory enactment to incorp-
orate international human rights laws, and ( 3 ) judicial adoption of – binding or
nonbinding – international human rights laws.
37
The development of transnational
constitutionalism in Taiwan has been mainly from the second and third
approaches, which are more flexible and practical.
Discrimination against Women” (April 30 , 2007 ), available atwww.mofa.gov.tw/webapp/
content.asp?cuItem= 25857 andmp= 6.(^36) The state reports of the ICCPR and the ICESCR and the information regarding the
unprecedented international review are available atwww.humanrights.moj.gov.tw/np.asp?
ctNode= 33565 &mp= 200.
(^37) Chang, “International human rights,” 206.