Fighting for Dignity and Equality: Extraordinary Appeal Press Conference on the Tsou Tribe's "Honey Incident" in Alishan

The Tsou tribal chief and his son of Alishan exercised jurisdiction over indigenous traditional territories, yet were sentenced to six months imprisonment with a two-year probation for robbery by the Chiayi District Court. In response to the judgment of the "Honey Incident," several civil society organizations—including the Tsou chief and his son, the PASIWALI Foundation, the Taiwan Association for Human Rights, the Judicial Reform Foundation, and the Legal Aid Foundation—jointly held a press conference on September 17. They strongly urged Prosecutor-General Wu Ying-chao to file an extraordinary appeal to fulfill the political commitments of the "New Partnership" signed twice between President Chen Shui-bian and indigenous peoples, and to restore the innocence and dignity of the Alishan Tsou tribal chief and his son.

Before the press conference began, Wang Ch'uan-fa, chief of the Tapangu Tribe of the Tsou, performed a traditional Tsou blessing ritual, invoking the deities presiding over Taiwan's mountains and forests to bless Taiwan's indigenous peoples and protect all descendants walking the path of striving for indigenous sovereignty and dignity.

Relief organizations stated that Article 10 of the Additional Articles of the Constitution explicitly guarantees the will and dignity of indigenous peoples. If the Prosecutor-General intentionally fails to act or dismisses the appeal, they do not rule out petitioning the Grand Justices for a constitutional interpretation or requesting the Control Yuan to discipline the derelict officials.

In February 2003, while en route to a funeral, the Alishan Tsou tribal chief and his son discovered a Han Chinese man surnamed Ch'en and his accomplices in a vehicle suspected of carrying a barrel of honey stolen from a leased forest district within the traditional territory of the Tsou. Because Ch'en refused to go to the police station and the chief and his son were in a rush to attend the funeral, they left the honey in their own car after exchanging license plate numbers and with Ch'en offering no objection, intending to report the matter to a police station near their residence after returning from the funeral.

However, Ch'en turned around and accused the chief and his son of forcibly robbing the honey. Consequently, the chief and his son were intercepted on their way home and referred for investigation on suspicion of robbery. This case shocked the Tsou society, but the Chiayi District Court in the first and second instances still failed to thoroughly examine the facts and convicted the chief and his son of robbery.

Ch'en Wei-hsiang, Chairman of the PASIWALI Foundation and defense counsel for the extraordinary appeal of the Tsou chief and his son, stated that this case involves wide-ranging issues and that the determination of "robbery" has major flaws. When Taiwan's laws conflict with indigenous customary practices regarding the management of traditional territories, how to adjust and balance them is the core issue of this case.

Ch'en Wei-hsiang argued that for a long time, when facing the conflict and tension between indigenous and Han legal values and systems, indigenous peoples have always played the role of the subjugated. Even though President Chen Shui-bian twice signed the "New Partnership" with indigenous peoples, and Article 10 of the Additional Articles of the Constitution explicitly guarantees indigenous will and dignity, empty words and flawed supporting measures merely highlight Han hegemony and empty promises. He also pointed out that the parties involved in this case are chiefs respected by the Tsou people; it was precisely to safeguard their traditional territory that the long-standing tension between indigenous peoples and Han Chinese was brought to the surface, forcing the Han society to confront this issue. Ch'en Wei-hsiang stated that the significance of filing an extraordinary appeal in this case is to highlight this very issue.

"Han society can no longer evade dealing with this issue. The newly appointed Prosecutor-General Wu Ying-chao should seize this opportunity to file an extraordinary appeal for the honey incident involving the chief and his son, mend the tension between indigenous peoples and Han Chinese, and set a historical milestone of ethnic equality," Ch'en Wei-hsiang made a solemn appeal at the press conference.

Wu Hao-jen, President of the Taiwan Association for Human Rights and Assistant Professor in the Department of Law at Fu Jen Catholic University, stated that whether it is President Chen Shui-bian's advocacy of "a country within a country" or the "New Partnership," neither can withstand the scrutiny of the Tsou chief and his son's honey incident.

Taiwan's laws, especially regarding the determination of property rights or ownership, have always been interpreted from a Han perspective; indigenous peoples and Han Chinese can be said to be two parallel lines that never intersect. If legal concepts continue to be interpreted blindly according to Han value standards, "all provisions regarding indigenous autonomy and constitutional guarantees of indigenous rights will simply be empty talk!"

Wu Hao-jen said that the Taiwanese government should recognize the right of indigenous peoples to interpret property rights. "The honey incident of the Tsou chief and his son of Alishan is the best catalyst."

The legal aid application for the Alishan Tsou tribal chief and his son has been reviewed and approved by the Legal Aid Foundation, which was just established in July this year. This is also the second indigenous legal aid case accepted by the foundation. Secretary-General and Attorney Cheng Wen-lung and Taipei Branch Director and Attorney Lin Yung-sung stated that the purpose of establishing the Legal Aid Foundation is to guarantee the right of access to court for disadvantaged groups. Indigenous peoples are often unable to afford attorney fees, making it difficult to assert their own rights, and frequently suffer unfair trials as a result. The two attorneys pointed out that accepting the legal aid application for the honey incident parties not only aligns with the founding purpose of the Legal Aid Foundation, but its extraordinary appeal also highlights the right of indigenous peoples to manage their traditional territories and reflects the Foundation's mission to strive for equal rights to litigation for indigenous ethnic groups.

Attendees

Wang Ch'uan-fa　Chief, Tapangu Tribe of the Alishan Tsou
Wang Chien-kuang　Son of Chief Wang Ch'uan-fa
Cheng Wen-lung　Secretary-General and Attorney, Legal Aid Foundation
Lin Yung-sung　Director of Taipei Branch and Attorney, Legal Aid Foundation
Kao Yung-ch'eng　Chief Executive Officer and Attorney, Judicial Reform Foundation
Wu Hao-jen　President, Taiwan Association for Human Rights; Assistant Professor, Department of Law, Fu Jen Catholic University