Aborigines win small victory for land

Campaigners for Aboriginal rights had reason to celebrate yesterday as a court Wednesday ruled that more than 100 Aborigines had not renounced their claim to a piece of land, dismissing the contention made by the former Provincial Council of Aboriginal Affairs' (PCAA).

The land in question is just 16 hectares out of a total of 176 hectares in Hsiulin township that had been rented to Asia Cement Corporation's Hualien plant in 1974.

The Aborigines considered the announcement by the Hualien District Court as justice delayed and an unprecedented victory for the Aboriginal Return Our Land campaign, which was launched in 1992.

Some of them came to Taipei yesterday to request the Executive Yuan's Council of Aboriginal Affairs (CAA) to forego its right to any further appeal.

The CAA has taken over most of the affairs of the PCAA following the down-sizing of the Taiwan Provincial Government last year. The CAA's chairman, Yohani Isqaqavut (尤哈尼), who has also contributed to the Return Our Land campaign in the past, said yesterday he needed to fully review the whole issue before commenting.

Yohani Isqaqavut promised, however, that he would never make any decision unfavorable to the interests of Aborigines.

"Now I can go to the graves of the deceased landlords and our ancestors to tell them we can take our lands back soon," said Tien Chun-chou (田春綢), the representative of an Aboriginal group protesting against Asia Cement in Hualien.

"Over 25 years have passed. Now they can finally rest in peace," Tien said through tears.

When the rent fell due in 1984, the government told the Aborigines that the land was no longer theirs. They were alleged to have renounced their farming rights when they initially rented the land to Asia Cement.

Under laws relating to Aboriginal land at the time, Aborigines had to farm land for over 10 years before they could claim ownership.

"There must be something illegal or corrupt in this matter. No Aborigine said they had renounced their rights," Tien said.

He said that several local residents recall what they thought of at the time as suspicious activities being done by township officials. "Many elders said township officials had simply asked for copies of their identity cards and seals without telling them why.

"Most of the Aborigines were illiterate and had no idea what was happening," Tien said.

"The elders naively trusted the officials."

Around 160 hectares were "renounced" by the original landlords, and, although still claimed by the Aborigines, are currently owned by the state and rented by Asia Cement.

But in the case of the 16 hectares, the "renunciation" was deemed incomplete, according to the civil lawsuit. Asia Cement asked the owners of the 16 hectares of land again to renounce their farming rights but was turned down.

In 1999, PCAA, on behalf of Asia Cement, appealed to the court to look at the original documents from 1974. They said that the Aborigines had renounced their farming rights at the time they signed the rental agreement.

"We never thought the PCAA would accuse us Aborigines," said Chung Pao-chu (鍾寶珠), head of the Taiwan Environmental Protection Union's Hualien office.

Chung said that the renunciations were doubtful. "There is a lot of evidence showing that the former township officials probably made forgeries," she said.

"If the renunciation can be proven illegal, then the Aborigines can take all the land back," Chung said.