A verbal debate was held at a constitutional courtroom today (Jan. 17) to determine the constitutionality of the Status Act for Indigenous Peoples, which stipulates that the children of indigenous/non-indigenous intermarriages can only acquire indigenous peoples status if they have a traditional indigenous name or take the surname of their indigenous parent. In compliance with the Constitutional Court Procedure Act, the Council of Indigenous Peoples (CIP) appointed administrative deputy minister and the head of legal department Calivat Gadu to appear in court. The CIP indicated that “the recognition standards for indigenous status should be rightfully returned to indigenous society, and policy decisions should be enacted by indigenous legislators voted for by indigenous peoples.”

    The CIP remarked that the Status Act for Indigenous Peoples was formulated with the participation and support of indigenous legislators. It was agreed that the recognition standards for indigenous status should, in addition to indigenous heritage, more importantly consider identity representation. The use of traditional names or indigenous surnames for identity representation also coincides with the indigenous culture of viewing traditional names as a way of recognizing lineage and kinship. In fact, more and more indigenous peoples have displayed their willingness to use their traditional names to demonstrate that they identify with their indigenous identities.

    The CIP emphasized that according to the latest data, nearly 65% of the children of marriages between a Han Chinese father and indigenous mother were willing to use their traditional name or take their mother’s surname. Compared to the 5% of the rest of Taiwan’s population who take their mother’s surname, this shows that the Status Act For Indigenous Peoples successfully promotes gender equality.

    At the constitutional courtroom, CIP Administrative Deputy Minister and advocate Calivat Gadu stated that pursuant to constitutional amendments, the United Nations Declaration on the Rights of Indigenous Peoples, and relevant international conventions, the recognition standards for indigenous peoples shall be determined by indigenous peoples themselves. He hoped that the constitutional courtroom would give the indigenous peoples their freedom and space, and allow the result of this case to be determined through the internal discussions of indigenous society.