Category: Law

An Insider or Outsider? Lessons from the Recognition of Mixed-Background Indigenous and the Pingpu Peoples in Taiwan 

Written By Nikal Kabalan’an (Margaret Yun-Pu Tu). Regarding identity formation in Taiwan, the historical context of colonialism plays a crucial role because the arrival of each foreign ruler has resulted in varying degrees of assimilation. Such a theme has inspired numerous Taiwan Studies scholars who have produced a great number of pertinent works, including “Is Taiwan Chinese?” by Melissa Brown,“Becoming Japanese” by Leo Ching, and “Becoming Taiwanese” by Evan Dawley. One of the contestable issues in this field is the Indigenous status and recognition.

Continue reading

Taiwan Decriminalized Adultery, But Does the Public Support The Change?

Written by Madelynn Einhorn, Josie Coyle, and Timothy S. Rich. In June 2021, the Taiwanese legislature removed a nearly 90-year law criminalizing adultery, punishable with up to 12-months in prison and fines averaging 90,000 NTD (roughly USD 3000). In May 2020, the Constitutional Court overruled Article 239 of Taiwan’s criminal code, which criminalized adultery, because it violated the Constitution. The legislature removed the article from the legal code approximately a year later. South Korea removed a similar law in 2015 and India in 2018. Taiwan was one of the last liberal democracies to keep adultery illegal and the last East Asian country aside from the Philippines.

Continue reading

Unpacking the Colonialist Undertones of the Indigenous People’s Basic Law: Law as a Tool of Oppression in Taiwan

Written by Aaron Chen. In May 2021, Taiwan’s Constitutional Court considered a high-profile case concerning indigenous hunting rights. First opened in 2013, the Bunun man, Tama Talum, had been convicted for violating the Wildlife Conservation Act, which limited indigenous poaching to solely ceremonial activities. He was also prosecuted under the Controlling Guns, Ammunition and Knives Act, legislation that only allowed indigenous peoples to hunt using homemade weapons, whilst Tama Talum did otherwise.

Continue reading

Taiwan on the eve of the International Decade of Indigenous Languages: a comparative perspective

Written by Brett Todd. Amidst the upheavals of this pandemic period, few would recall that 2019 was the International Year of Indigenous Languages, and fewer still realise that the International Decade of Indigenous Languages 2022-2032 is about to commence. Both were declared by the UN General Assembly, a space in which Taiwanese voices are not heard. However, Taiwanese Indigenous representatives have participated in the UN Permanent Forum on Indigenous Issues (UNPFII), which joined UNESCO in calling for urgent action to arrest the declining use of native tongues worldwide.

Continue reading

Changing Circumstances Call for Taipei to Lift Its Effort in Promoting Democracy on China and beyond

Written by Chen Jie (陈杰). There are remaining concerns urging the government of democratised Taiwan to support democratic causes and human rights in China. In fact, for the Tsai Ing-wen administration, these issues have strengthened. Despite their disdain for the one China project, politicians of the Democratic Progressive Party (DPP) share the sentiment that Taiwan’s own democratisation inspires China. This is echoed internationally. The former US Vice President Mike Pence spoke positively about Taiwan’s “embrace of democracy” and the example it had set for “all the Chinese people.”

Continue reading

Taiwan’s Museum Act: Culture’s Value as a Matter of Politics

Written by Susan Shih Chang. On the government’s side, the Museum Act has become a mechanism for exercising power through specific forms of knowledge and expertise; a technology that shapes society’s thoughts and understanding toward culture. On the applicant’s side, although the local government has control in the process of applying for the registration of a private museum, intentions and understanding from the private museum owners and their interaction with the public sector have added a new dimension and layer to the meaning and means of museums.

Continue reading

1 2 3 4 5 6 7