(2) Interpretations No. 380 and 450 99 issued by the Grand Justices state
that out of respect for institutional autonomy, the employment ratio of
teachers with indigenous identities in institutes of higher education is to be
decided by each school with respect to its individual curriculum planning
and institutional development needs. Statistics from 2012 to 2020 show
that, on average, only approximately 0.22%100 of full-time faculty members
with indigenous identities work in higher education institutions in Taiwan.
In the 2020 academic year, teachers with indigenous identities only
accounted for 7% of the teachers in all indigenous programs across higher
education institutions nationwide. Moreover, no indigenous teachers
were employed for the programs in nearly three academic years, which
is a violation of Article 9 of the Standards Governing the Establishment of
Colleges, Institutes, Departments, Divisions, Degree Programs, and Special
Programs with an Indigenous Focus by Junior Colleges and Institutions
of Higher Education . The article stipulates that at least one indigenous
teacher should be employed for such programs.
(3) Military personnel with indigenous identities accounted for approximately
99
According to Judicial Yuan Interpretation No. 380 (1995, May 26), “The provision regarding the freedom of teaching
provided in Article 11 of the Constitution is an institutional protection mechanism for academic freedom. Such provision
shall encompass the freedom of research, instruction, and study, etc., in the field of college education. Paragraph 2 of
Article 1 of the University Act stipulates that a university shall be protected under the academic freedom and shall, to the
extent permitted by law, be entitled to the right of self-government.’ The scope of such a right of self-government shall
cover all essential academic matters that relate directly to research and teaching. Although the University Act does not
specifically state the arrangement of college curricula, it is one of the essential academic matters and shall therefore be
included within the scope of university self-government, since it is directly related to the freedom of teaching and study.”
According to Judicial Yuan Interpretation No. 450 (1998, Mar 27), “Freedom of teaching as provided for in Article 11 of
the Constitution includes university self-government.’ Any important matters related to the freedoms of instruction and
study are subject items of university self-government. State supervision over universities shall be specifically authorized
by statutes. Any such statutes shall be in conformity with the principle of university self-government. The above doctrines
have been upheld by J.Y. Interpretation No. 380. Accordingly, universities shall enjoy the autonomous right to internal
organization, to the appropriate extent, as long as it is within the scope related to the above-mentioned teaching and
research. A university may independently decide whether it is necessary to offer such courses as military training or
nursing. If so decided, it may further establish offices for such courses and employ appropriate teaching personnel in
accordance with the laws.”
100
56
Control Yuan investigation report approved on December 16, 2021, p.10-11 (110 教調 0028)