學術資源整合系統-相關推薦
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| 作者 | Chen, Shu-Juo;Batu Yulan |
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| 出版日期 | 20230831 |
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| 著作名稱 | A Tug of War for the Unconstitutional Judgment to Taiwan Indigenous Status Act
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| 會議名稱 | APSA 2023 Annual Meeting |
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| 會議地點 | Los Angeles |
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| 主辦單位 | American Political Science Association |
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| 國際性會議 | Y |
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| 主題 | 民族 |
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| 關鍵字 | Taiwan Indigenous Peoples; Status Act For Indigenous Peoples |
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| 摘要 | Today there are 16 tribes, close to 600 thousand Indigenous individuals are officially recognized by Taiwan government. The Council of Indigenous Peoples (CIP), a bureau of Taiwan government, but not tribal authorities, determines the indigenous status and tribal status. Thought each indigenous individual should also register a tribal status by law, but still 10 thousand indigenous individuals didn’t apply, because the indigenous benefits require only the indigenous status but not the tribal status. Since the policy of registering indigenous and tribal status were designed and managed by Taiwan government, no any autonomy and collective rights were mentioned, indigenous status becomes a passport to share the majority indigenous benefits, and the tribe status is even useless of neither right nor obligation.
As the proportion of indigenous/non-indigenous intermarriages is increasing, whether interbreeding children can register indigenous status becomes a crucial indigenous issue. According to the Status Act for Indigenous Peoples enacted in 2001, only the child of at least one indigenous parent along with adopting the Han surname by that indigenous parent or indigenous traditional name can register the indigenous status. On January 12, 2022, The Council of Indigenous Peoples officially published for the first time the matching table between parents and children’s indigenous status, 266 thousand individuals born by dual indigenous parents (almost 100% of these matches) and 260 thousand individuals born by one indigenous parent (about 2/3 of these matches) have acquired indigenous status. Besides, 95 thousand individuals born by one indigenous parent (about 1/3 of these matches) have not acquired indigenous status. The difference is whether to adopt the Han surname of the indigenous parent or not.
On April 1, 2022, the Constitutional Court judged that the Act “is unconstitutional for excluding the children adopting non-indigenous parent’ Han surname" and should be amended within 2 years. The Constitutional Court recognized the priority of Indigenous blood earlier than the Taiwan Constitution, and held that excluding one parent’s Han surname limited the equal right of the interbreeding children. In addition, the Constitutional Court also put forward the main points of constitutional norms: the indigenous benefit should not be as dividend of indigenous status. Each indigenous authority should work to define the criteria of indigenous and tribal status for a better fit to the indigenous right and obligation.
However, no indigenous authority has yet been formally established. The CIP has worked hard for 20 years but has failed to push the Taiwanese government to grant autonomy and collective rights to indigenous peoples. The constitutional judgment seems to trap the indigenous authority into a tug of war and set a 2 year ultimatum to solve the dilemma. The judgment promote the policy of indigenous authority which will play rule in the regulation of the status in one hand, and notice to exclude the surname limitation 2 years later by then as many as 95 thousand individuals can be registered indigenous status in another hand. If the policy of indigenous authority doesn’t succeed in these 2 years, it will be more difficult to push because that the new registers are through the least restricted and lack of self-autonomous criteria. The constitutional judgment only gave two years to create a new indigenous policy is a great challenge for the indigenous peoples. It is indeed extremely difficult to complete the internal consultations among the indigenous peoples to reach a consensus within two years, and to cooperate with the executive and legislative bodies to complete the amendment. |
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| 系統號 | NO000006813 |
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