KMT's proposed 'Pingpu Aboriginal Bill' rejected by Siraya Group

The latest proposal by the Chinese Nationalist Party (KMT) has sparked controversy, with the Siraya people claiming it's unconstitutional. This plan, introduced by KMT legislators led by Sra Kacaw, an Amis, aims to carve out a unique third category of indigenous people—the "Pingpu aborigines."

Citing past Supreme Court rulings that dismissed efforts to include the Pingpu under the existing indigenous classification, the KMT argues that the Pingpu and officially recognized indigenous peoples are distinct. Notably, Article 21 of the draft bill suggests that the Indigenous Peoples Basic Act would not apply to Pingpu people.

This draft, if passed, could violate the constitutional rights of the Siraya, who are entitled to indigenous recognition under existing law, as asserted by Rectification Movement for the Siraya leader Wan Cheng-hsiung. A 2022 Constitutional Court ruling recognized the court's interpretation of Wan's group's administrative lawsuit for Siraya identity rectification, launched in 2010. The court found that the current definition of "indigenous," which excludes groups like the Siraya, is unconstitutional according to Paragraphs 11 and 12 of Article 10 of the Additional Articles of the Constitution of the Republic of China.

The movement encourages Tainan legislators, representing several Siraya communities, to back a proposed bill safeguarding indigenous rights. Wan demands the withdrawal of Sra Kacaw's draft and insists that the KMT respect the Constitution and abide by the Constitutional Court's ruling. He also implores the Executive Yuan to address the issue before the Legislative Yuan proposes a law.

Tainan Indigenous Peoples Affairs Commission Director-General Salau Kaljimuran shows support for the Siraya, urging the Executive Yuan to reconsider the Council of Indigenous Peoples' proposed version.

The proposed KMT draft risks legally marginalizing the Pingpu communities instead of integrating them into Taiwan’s indigenous rights framework, challenging constitutional norms of transitional justice. Concerns about systemic exclusion of Pingpu groups persist, as this proposal appears to undermine the Siraya's tenacious decade-long legal battle for recognition.

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The Siraya people, who were entitled to indigenous recognition under existing law, have claimed that the KMT's proposal to establish a third category of indigenous people, the "Pingpu aborigines," is unconstitutional.
The KMT's draft bill suggests that the Indigenous Peoples Basic Act would not apply to the Pingpu people, which, if passed, could violate their constitutional rights.
Wan Cheng-hsiung, the leader of the Rectification Movement for the Siraya, demands the withdrawal of Sra Kacaw's draft, insisting that the KMT respect the Constitution and abide by the Constitutional Court's ruling.
The proposed KMT draft, if implemented, risks legally marginalizing the Pingpu communities instead of integrating them into Taiwan’s indigenous rights framework, persistently raising concerns about systemic exclusion of Pingpu groups and challenging constitutional norms of transitional justice.