Part II >
Our Efforts and Transformation
The Taiwan Constitutional Court held that the
to become members of another ethnic group
privacy due to the absence of a mechanism
the limit of the four times set by the government;
inadequate protection of personal data and
for the independent oversight of personal data
use of the NHI database would seem to be
unconstitutional.
The lack of well-defined regulations governing
the external use of NHI data and the lack
of regulations allowing a concerned party
to request cessation of the use of their data
violate the principle of legal reservation and
the intent to protect personal data and privacy
in the Constitution. These views are generally
consistent with those of the NHRC.
d. Case on the Indigenous Peoples Status
for the Siraya People (TCC Judgment
111-Hsien-Pan-17, 2022)
This case concerns the administrative suit
filed by Uma Talavan and 112 other Sirayans
after their request to be recognized as plains
indigenous people was contested. In accordance
with Article 2 of the Status Act for Indigenous
Peoples (SAIP) and the interpretation of the
Council of Indigenous Peoples (CIP), indigenous
peoples marked as “civilized savages” in the
household registration system under Japanese
rule were given the opportunity to be registered
as plains indigenous peoples four times: in 1956,
1957, 1959, and 1963. Part of the Sirayan people
failed to register with the household registration
authority by these deadlines, and consequently
lost their status as indigenous people.
The Taipei High Administrative Court ruled
that Article 2, paragraph 2, SAIP, would seem
to be unconstitutional and thus petitioned
the Constitutional Court for a constitutional
interpretation declaring the article unconstitutional.
The plaintiff held that for indigenous people who
belong to the same plains indigenous group
44
National Human Rights Commission 2022 Annual Report
simply because they had failed to register within
and, that family members who belong to the
same plains indigenous group, simply because
of the effect of whether or not they had applied to
register within the limit set by the government—
such that those who applied to register are plains
indigenous peoples whilst those who had not
applied to register are plains indigenous people
who do not come within the regulations for
indigenous status—leads to a bizarre outcome.
This infringes the principle of equality set out in
Article 7 of the Constitution.
The NHRC attended the oral argument of the
Taiwan Constitutional Court on June 28, 2022,
to present its opinion based on international
conventions and international human rights
norms, holding that, based on the ICCPR and
the UNDRIP, indigenous peoples are entitled
to the right to self-identification and the right to
self-determination. The two conditions to realize
these rights are that a person self-identifies as an
indigenous person and that State laws include
procedures for immediate recognition of this selfidentification. Therefore, the additional conditions
set in Article 2, paragraph 2 of the SAIP cannot
be considered “reasonable and objective
reasons” and therefore violate the rights set forth
in the ICCPR. These conditions have deprived
plains indigenous peoples of their rights to selfidentification and self-determination and been
detrimental to their overall subsistence and
wellbeing.
The Taiwan Constitutional Court holds that the
constitutional protection for indigenous peoples
should cover all of Taiwan’s Austronesian
peoples currently existing in Taiwan. Besides
the mountain indigenous peoples and plains
indigenous peoples already named as such