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 | 20250911 |
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| 已接受 | 20250320 |
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| 接受證明 | ![Full Text]() |
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| 著作名稱 | The Concepts and Realities of Self-Governing Tribal Membership in Taiwan
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| 會議名稱 | 2025 American Political Science Association Annual Meeting |
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| 會議地點 | Vancouver Conventional Center |
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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 Constitutional Court Judgment, Status Act for Indigenous Peoples; Indigenous tribal autonomy; differencing benefit; determining membership by tribes |
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| 摘要 | oday there are 16 tribes, 620 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 are designed and managed by Taiwan government, no any autonomy and collective rights are mentioned, indigenous status becomes a passport to share the majority indigenous benefits, and the tribe status is even useless of neither right nor obligation.
In 2022, Taiwan Constitutional Court ruled that the Taiwan Constitution guaranteed the right of identity and equality of each indigenous individual who had indigenous blood, and some articles in the "Status Act for Indigenous Peoples" were unconstitutional. If the Act did not amend in 2 years, those unconstitutional articles will be automatically invalid. In the judgment, it also pointed out that the membership criteria should respect each indigenous tribe, and member’s benefit should be properly distinguished. These were two important directions for amending the Act. In this paper I analyze whether these two concepts could practice according to the current indigenous administrations, and what will be the limitations if they cannot be achieved. The analysis found that the current indigenous administrations are not carried out on the basis of tribes, and the criteria of tribal membership had never practiced by tribal authorities.
The absence of formal indigenous authorities complicated the implementation process. The court's ruling initiated a tug of war, demanding swift policy changes while navigating internal consensus among indigenous tribes. The looming deadline posed a significant challenge, requiring collaboration with governmental bodies for successful reform. Swift action was imperative to address systemic inequalities and ensure equitable recognition of indigenous identity in Taiwan.
On January 3, 2024, the new Act was amended and announced. Unfortunately, the membership criteria made by indigenous authorities were not launched, and the imbalance of rights and obligations became even more distorted. Because previous restrictions had been lifted in new Act, more Taiwan citizens obtained indigenous status in 2024 than any previous year. |
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| 計畫主持人 | 陳叔倬 |
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| 計畫編號 | NSTC 113-2420-H-178-001 |
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| 計畫年度 | 114 |
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| 計畫委託單位 | 國家科學及技術委員會 |
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| 計畫名稱 | 永續發展下原住民族之權益保障－民族作為原住民族集體權權利主體的探索 |
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| 系統號 | NO000007425 |
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