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No need to fear Aborigines' claims to land

Ever since the ancient cypress trees, labeled the "divine forests" by newspapers, of Chienshih (尖石) Township, Hsinchu County, became the subject of widespread media coverage in mid-March, a large number of tourists have reportedly swarmed to the mountain, prompting elders in the tribal village of Shuitien (水田) to seal off the area. On March 21, the village elected 20 elders to hold a press conference in Taipei's 228 Memorial Park. Apart from informing the public about their reasons for sealing off the mountain, the elders also introduced the concept of "natural sovereignty" and expressed their hope for a response from the government to their position.

Taiwan's Aborigines have been taking measures to protect their land for more than 20 years. These efforts have included the "exorcism" movement of the Tao tribe of Orchid Island against nuclear waste storage sites on their island, the Rukai tribe's campaign against the Machia (瑪家) reservoir, a campaign launched by the Taroko and Bunun tribes to assert their rights in national parks, and a project by the Thao tribe in Shanmei (山美) village of Chiayi County to protect wildlife in the Tanayiku River watershed. Last month's press conference, however, was the first time Aborigines have declared "natural sovereignty" over their land. It represents the arrival of a new era for Aboriginal movements. The government has to face up to this new era and fundamentally change its Aboriginal policies.

"Natural sovereignty" is a concept that has been widely promoted in Aboriginal movements around the world for the past two decades. For several hundred years, powerful foreign regimes have robbed Aboriginal tribes of their land and rights in many areas of the world. These foreign regimes often cited in their defense the inability of the Aborigines to produce written evidence of land ownership. But a vast majority of Aboriginal tribes did not use written scripts. They relied on oral traditions. Also, for Aborigines, it is partly true that they did not really "own" the land. Rather, they relied on the land for necessities and as a foundation for their culture and religion. Of course, that does not mean aliens should wantonly rob them of that land.

It was precisely because of the painful experience of having their land stolen that the Aborigines developed the concept of "natural sovereignty," a concept that outsiders do not share. That they have lived on their land for generations is the basis of their claim to sovereignty. There's no need for them to produce title deeds in accordance with the rules of the outsiders to prove that the land is theirs. Indeed, the UN's Draft Declaration on the Rights of Indigenous Peoples recognizes "the urgent need to respect and promote the inherent rights and characteristics of indigenous peoples, especially their rights to their lands, territories and resources, which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies."

Over the past 10 years or so, "natural sovereignty" has become an important principle for many Aboriginal tribes in Canada and Australia when they go to court or sign treaties with their governments. It has also won them many land and autonomy rights. In its "first Mabo judgment" of 1988, Australia's High Court recognized the traditional sovereignty of one Australian Aboriginal group over their land. The ruling also overturned the claim, long held by Australia's white government, that the land of Australia was terra nullius when white people first arrived there.

At last month's press conference, Shuitien village also raised the issue of ecological problems caused by Taiwan's past governments as a basis for their action.

"History clearly shows us that the island of Taiwan was an ecological treasure trove because the Aborigines enjoyed natural sovereignty over their traditional territory," representatives of the village said. "It also shows us that Taiwan became an island of disasters, garbage and greed because the Aborigines lost their natural sovereignty over their traditional territory."

As we reflect on Taiwan's litany of environmental disasters and the ubiquitous destruction of the nation's ecology, how can we not feel ashamed at such charges? It is no surprise that we are seeing broad support from society for Shuitien village's decision to temporarily seal off the mountain, even though there is no formal legal basis for the decision.

Of course, history cannot be undone. In their demands for "natural sovereignty," most of the Aborigines are not demanding all their traditional land back. They are only demanding land to enable them to live well and pass on their culture. At the press conference announcing the sealing off of the mountain, their demand was for the government to establish a "Peilaman mountain Atayal tribe protection area preparatory office," and an end to all acts of tort before the protection area has been established.

Faced with such demands, the government should understand that Shuitien village is not an isolated case. It is part of wider action by Aborigines around the world to reclaim their traditional sovereignty and territory. Establishing "partnership" relations with the Aborigines, as promised by President Chen Shui-bian (陳水扁), has therefore become an even more important task.

The pursuit of Aboriginal "natural sovereignty" is not the scourge of the non-Aboriginal majority, nor is it some kind of demon. In the spirit of the Atayal tribe's ancestral god, the elders of Shuitien village promised: "Give us back a protected area. We will give everyone good mountains, good water and good air."

Chi Chun-chieh is an associate professor at the Institute of Ethnic Relations, National Dong-Hwa University.

Translated by Francis Huang
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