By Chelle Lee The hunting traditions of Taiwanese Aboriginal people are complex and diverse, but some common themes run deep in all the tribes. One of the most important is the reverence that hunters uphold for the animals they hunt. It is believed that animals are sacred beings, and hunters only take what they need to survive. Hunting was not only an essential way for indigenous people who inhabit remote mountainous regions to secure daily food sources, but it also became an indispensable part of their culture, tradition, and life. Nonetheless, a slew of laws were promulgated to suit the needs of the Taiwanese government over the years, including the Wildlife Conservation Act. Though intended to conserve wildlife, protect the diversity of species and maintain the balance of natural ecosystems, as stated in Article 1 of the Act, it has also affected indigenous people’s way of life. Article 17 states that “Protected Wildlife shall not be disturbed, abused, hunted, killed, traded, exhibited, displayed, owned, imported, exported, raised or bred, unless under special circumstances recognized in this or related legislation.” But this provision is in its very sense contrary to the traditions of indigenous people. Article 4 classifies wildlife into two categories: Protected Species (endangered species, rare and valuable species, and other conservation-deserving wildlife) and General Wildlife (all other wildlife not included in the previous category). Furthermore, it stipulates that the Wildlife Conservation Advisory Committee is responsible for determining which animals belong to the first category. From the outset, the law seems to be clear, but in reality how can one expect people to check what wildlife animals are being classified as protected species in any particular year by the committee? In 2013 Tama Talum, an indigenous man of the Bunun tribe who simply went out hunting to satisfy his elderly mother’s appetite for some meat in the remote mountains of Taitung county, was found guilty of poaching a Formosa Reeve’s Muntjac and a Formosan Serow in violation of the Wildlife Conservation Act. A controversy arose not only from the conflict between wildlife and the traditional way of life of indigenous people but also from the colonialist undertones of the Indigenous People’s Basic Law, which is supposed to serve as a safeguard for indigenous people’s rights in Taiwan. During his eight-year legal battle, Tama Talum incessantly reiterated his innocence and that hunting was an integral part of indigenous culture. His conviction led to a review by the justices of the judicial branch in Taiwan. However, the justices for the most part upheld the decision of the Supreme Court to convict Tama Talum of the crime. Consequently, a maelstrom of questions were raised regarding the validity of the Indigenous People’s basic law, which supposedly protects indigenous people from being prosecuted for exercising their rights including their hunting customs. In 2016, president Tsai Ing-wen formally acknowledged the wrongs and oppression imposed by the government and presented an official apology to indigenous people, granting exoneration to Tama Talum and overturning his conviction. However, the hierarchy of laws set by the judicial branch has set a tremendous hurdle for indigenous people to maintain their rights, culture, and dignity. Their plight remains a highly controversial and unresolved issue, and we will continue to advocate for the rights of indigenous people and the pursuit of true equality under the principle of transitional justice in Taiwan. a
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May 2024
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