從「認同」到「認定」──西拉雅族人的原住民身分認定問題

From“Self-identification”to“Being Recognized”:The Issue of Indigenous Membership on the Siraya People

行政院原民會目前不承認西拉雅族人具有原住民身分。本文認為應依原住民族基本法所引伸出的「既存於台灣而為國家管轄內之傳統民族」、「自認為原住民族」兩項要件，而認定西拉雅族為原住民族。又原住民身分法上關於認定為平地原住民的要件有二：屬於由戶口調查簿所顯現之社會文化意義的原住民族之族人、已以申請登記的方式表達其成為原住民的意願，西拉雅族人亦已符合此等要件。法院應以尊重西拉雅人的自我認同，實現多元文化，作為應優先考量的利益與價值，而認定其具原住民身分。

The Council of Indigenous Peoples of the Executive Yuan rejected to recognize Siraya people as an indigenous people in the positive law. This paper advocates that Siraya People should be legally regarded as an indigenous people in accordance with the requirements in the Fundamental Law of Indigenous Peoples, e.g. “traditional peoples existing in Taiwan under the jurisdiction of the state”and “identifying themselves as indigenous people.”Moreover, there are two requirements for the status of a member of indigenous peoples. The first is a member of an indigenous people from social and cultural perspective in the Books on the Investigation of Household. The second is to express his or her will through the application for registration in the government. In fact, many members of Siraya People have satisfied these two requirements. The court therefore should recognize them as members of indigenous people in the positive law on the ground that the most important interest and value in the law is to respect the self-identity of Siraya People and the diversity of culture.