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A New Legal Era for the Indigenous Peoples of Taiwan---Self-Government

Posted on:2011-08-14Degree:Ph.DType:Dissertation
University:University of WashingtonCandidate:Cheng, Chuan-JuFull Text:PDF
GTID:1446390002455403Subject:Political science
Abstract/Summary:
Mountain-based indigenous peoples have lived on the island of Taiwan since time immemorial. For thousands of years, they were self-ruled in accordance with their own customary law. Not until the early 20th century did they encounter the first foreign dominator---the Japanese government. After World War II, many colonized peoples gained independence due to the international trend of decolonization. However, the indigenous peoples of Taiwan continued to be colonized by the subsequent ruler: the autocratic Kuomintang (KMT) government.;After sixty years of the KMT government's assimilation, integration and land policy, indigenous peoples now face various socio-economic difficulties, as well as language and cultural extinction. When they realized that many of their problems were the result of systematic discrimination and marginalization by the dominant society, indigenous peoples started to fight for their right to self-government. Nevertheless, their requests have been neglected or ignored by the dominant government.;The ruling government claims to have acquired territorial sovereignty over Taiwan (including indigenous land), making it the legitimate ruler of indigenous peoples. However, by reviewing the territorial sovereignty of indigenous land from the Qing dynasty, Japanese era, and the Republic of China (ROC) era, the dissertation suggests that the KMT government has never acquired territorial sovereignty over indigenous land, and therefore lacks the right to govern indigenes.;Under the legal principles of decolonization and right to self-determination, the indigenous peoples of Taiwan are entitled to decide their own political future. Considering Taiwan's special international status and current domestic political situation, this dissertation suggests that indigenous peoples can either: (1), establish their own nation-state(s) separate from the ROC (Taiwan), (2) establish a democratic multination federation with the non-indigenous Taiwanese, or (3) seek self-government using existing ROC (Taiwan) mechanisms. Although establishing a democratic multination federation seems to best serve the interests of both indigenous peoples and the non-indigenous Taiwanese, it is unlikely to take place soon. In the near future, seeking self-government within the existing ROC (Taiwan) mechanisms seems the most practicable way to implement indigenous peoples' right to self-determination.
Keywords/Search Tags:Indigenous peoples, Taiwan, Government, ROC, Era, Right, Land
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