Article 5 Measures to Safeguard Various Rights
in both compulsory and higher-level education are not being adequately
addressed.
90. The timeframe for increasing the employment ratio of indigenous
teachers in each educational stage in key indigenous schools, which is
explicitly stipulated in the Education Act for Indigenous Peoples , has
been extended from the original five years (2013-2018) to ten years (2019-
2029). 115 This decision indicates that during the revision, there was a
lack of investigation into the relevant background data or the feasibility
of achieving the government’s objective. Although the initial purpose
of implementing the legislation was to assist indigenous students in
acclimatizing to school life and lessen cultural differences that may
cause learning difficulties, and thereby increase students’academic
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According to Article 25, Paragraph 1 of the Education Act for Indigenous Peoples (revised on May 7, 2013), “When
selecting full-time teachers for Indigenous junior high schools, elementary schools, Indigenous education programs,
and Indigenous key schools, the number of teachers with Indigenous identities appointed should constitute a specific
proportion of the vacancies in that academic year. Within five years from when the Act amended on May 7, 2013, comes
into force, the proportion of teachers with an indigenous identity shall not be permitted to be less than one-third of
the school’s teaching staff or to comprise a lower proportion of the teaching staff than the proportion of the school’s
total student population comprised by its indigenous students.” The reason for the amendment is that “the provision is
added to ensure prioritizing the recruitment of teachers with indigenous identities. The central designated educational
authority with the local municipal and local county or city government will collectively supervise the schools to ensure
regulations are complied with. In the meantime, should schools fail to comply, administrative penalties will be imposed
on non-compliant public schools, and penalties will be imposed on non-compliant private schools according to private
school regulations to safeguard the rights of indigenous teachers to teach.” As Article 34, Paragraph 2 of the Education
Act for Indigenous Peoples (amended on May 24, 2019), stipulates, “Within ten years from when the Act amended on May
24, 2019, comes into force, the proportion of teachers with an indigenous identity appointed to teach in indigenous key
schools offering elementary stage education shall not be permitted to be less than one-third of the school’s teaching
staff or to comprise a lower proportion of the teaching staff than the proportion of the school’s total student population
comprised by its indigenous students. The proportion of teachers with an indigenous identity appointed to teach in
indigenous key schools offering junior high school and senior secondary stage education is not permitted to be less than
5% of the teaching personnel at any such school.” The reason for revising the regulation was that “Paragraph 2 was moved
to a new paragraph from the latter part of Paragraph 1. The teaching styles of primary schools and secondary education
are different. While primary schools predominantly have homeroom teachers who teach all courses, secondary schools
have different teachers for different subjects. Hence, it is deemed necessary to separately regulate the ratio of indigenous
teachers employed in each educational stage. In addition, considering the long-term cultivation and employment of
teachers with indigenous identities, the number of teachers with indigenous backgrounds hired shall gradually increase
each year. Hence, it was determined to extend the deadline for achieving the target ratio to ten years starting from the
implementation date of the revised Act.”
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