Identity crisis: Taiwan’s laws and regulations on the status of indigenous peoples

Abstract

ABSTRACTTaiwan’s indigenous peoples (aborigines) have a history of more than 300 years of colonisation by the Dutch, the Qing from Mainland China, and the Japanese. Today, they are the most marginalised group in Taiwan’s society, and they face many social, cultural, and economic problems. One of the most persistent issues is that of their indigenous identity. Although the Taiwanese Government has recognised that various aboriginal tribes have such identity (indigenous status), a number of communities still did not obtain official recognition. Yet this recognition is fundamental, because it is related to the enjoyment of a number of specific rights under Taiwanese and international law. It also safeguards the cultural identity of aboriginal tribes and individuals. This article critically examines how Taiwanese law determines the indigenous status of communities and individuals that claim this status. I argue that the current laws are far from neutral and are coloured by assumptions and values connected to Taiwan’s colonial legacy. It follows the ancient colonial systems of classifying aborigines, and the government’s exclusive concept of being ‘indigenous’. Aboriginal culture, customs, practices, and views are not taken into account. I conclude that Taiwanese law shapes an artificial indigenous identity, and that communities and individuals can only make limited choices about their official status. This results in a persisting colonial dominance of the State over the aborigines.