Cabinet greenlights landmark aboriginal self-rule law

By June Tsai

Taiwan’s aboriginals inched closer to realizing their dream of self-rule following a Cabinet decision to approve the proposed Indigenous Peoples Self-Government Act Sept. 23.

Initiated under Article 4 of the Indigenous Peoples Basic Act, which guarantees equal status and development of self-governance for aboriginals, the legislation represents a milestone in ROC constitutional history and Taiwan’s indigenous peoples policy

If passed by the Legislature, the act allows aboriginals to open negotiations with local governments for establishing self-governed dominions. These areas can extend across county borders and would not invalidate current administrative demarcations.

Any self-government proposal requires the backing of over 50 percent of a tribe before it can be considered by the government. Jurisdiction disputes will be referred to the Cabinet for mediation.

“Drafting this legislation was a highly complicated process because it touches on different laws and the sensitive issues of administrative boundaries and finance,” said Sun Ta-chuan, also known as Paelabang danapan in Puyuma, minister of the Cabinet-level Council of Indigenous Peoples.

“The proposed bill is the most practical and substantive one we could come up with to benefit Taiwan’s aboriginals,” Sun said.

But Omi Wilang, an Atayal and spokesman for the Indigenous Peoples’ Action Coalition of Taiwan, disagreed with Sun, describing the bill as “lacking teeth.”

“A self-rule dominion without rights over finance and land is little more than fake autonomy,” he said. “Having to seek approval from local township representatives or city and county councils only sets up roadblocks for aboriginal self-government.”

Former Examination Yuan member Iban Nokan, also an Atayal, backed Omi’s stance. “The draft legislation relegates aboriginal communities to a status below townships and cities.”

Others, such as Obay’a’awi, a Saisiyat member and Hsinchu County councilor, were more optimistic about the bill. “Although the draft law is far from perfect, it is a strong beginning,” he said.

“All communities should now work together to get the bill onto the legislative agenda and push lawmakers to address its shortcomings,” he said. “Only through this process can we be assured of a law that delivers real benefits to Taiwan’s aborigines.”

Obay’a’awi believes that the Tao, Tsou and Saisiyat are likely to be the first peoples approved as self-ruled entities because their populations are relatively smaller and less widespread.

This article is published in Taiwan Today Sept. 24