Taiwan Today

Three Atayal aboriginals were found not guilty on charges of stealing a tree stump in a landmark ruling by the Taiwan High Court Feb. 9. The decision overturns a September 2007 conviction that saw Sangus Icyeh, Kokwang Kumay and Amin Yosyo from the Atayal village of Smangus in Hsinchu County fined and sentenced to three months in prison for removing part of a zelkova tree stump blocking the remote village’s only land connection with the outside world. The tree, which was felled by workers from the Cabinet-level Council of Agriculture’s Forest Bureau during a 2005 typhoon, had been marked as national property. “We are glad to be no longer known as thieves,” the three men said after learning of the court’s ruling. Smangus Chief Icyeh Sulong said the verdict proves the value of Taiwan’s judicial system and demonstrates a respect for the basic human rights of indigenous people. Originally convicted under Article 52 of the Forestry Act, which metes out penalties for “burglary of primary forest products or byproducts,” the court cited the Aboriginal Basic Act of 2005 and Atayal traditional way of life in reaching its decision. According to the Aboriginal Basic Act, it is legal for aboriginal people to collect wood and other property on national land. Article 15 of the Forestry Act also states that aboriginal people may take forest products located in their traditional territories. In upholding the defendants' rights to enhance their quality of life while preserving aboriginal culture, the court also considered a National Taiwan University research report that said, “The [mountain-dependent] Atayal people treat resources in the mountains as a kind of property.” Defense attorney Thomas Chan, who has represented the men on a pro bono basis since 2006, said the result was a “belated victory” and urged prosecutors not to file an appeal. “Outsiders should respect local people’s culture, and in the same vein, indigenous people’s culture should be respected.” In response, the Forestry Bureau said it will abide by the court’s decision and meet with the Council of Indigenous Peoples to determine the scope of land in which aboriginals can utilize forest resources. (PCT-JSM)