The Executive Yuan has passed amendments to both the Indigenous Peoples' Employment Rights Protection Act and the Status Act for Indigenous Peoples during today's cabinet meeting (September 28). These amendments are to be submitted to the Legislative Yuan for review. The proposed changes align with the President's indigenous people policy, safeguarding the identity and equality rights of indigenous peoples as guaranteed by the Constitution. The amendments also respond to Judicial Interpretation No. 810 of 2021 and Constitutional Judgment No. 4 of 2022.
The key points of the amendments to the Indigenous Peoples Employment Rights Protection Act include: (1) expanding the current quota for the employment of indigenous peoples in the public sector from five specific categories, including contracted employment, to all job positions; and (2) addressing the interpretation of Judicial Interpretation No. 810, specifying a mechanism to alleviate situations where winning bidders are required to pay an amount exceeding a certain percentage of the government procurement contract amount.
As for the amendments to the Status Act for Indigenous Peoples, they focus on two major aspects: (1) establishing new criteria for individuals born to marriages between indigenous and non-indigenous individuals, allowing them to acquire indigenous status by using indigenous traditional names of either parent alongside their Han names; and (2) resolving practical issues by allowing adopted children to use the traditional names of their indigenous birth parents, obtaining indigenous status without being subject to the surname change restrictions of the Civil Code. Additionally, a remedy mechanism is introduced for those who voluntarily renounce indigenous status, providing them with an opportunity to restore their status once.
The amendments to the Status Act for Indigenous Peoples aim to facilitate individuals' identification and cultural sustainability within their respective ethnic groups. With more objective and consistent criteria for obtaining indigenous status, it is anticipated that the amendments will not only protect individuals' rights to acquire indigenous status but also reinforce the obligation and responsibility to pass down indigenous culture.
The Executive Yuan has instructed the Council of Indigenous Peoples to actively coordinate and communicate with political parties in the Legislative Yuan to expedite the legislative process, ensuring the concrete protection of indigenous peoples' employment, identity rights, and welfare.