從加拿大新政府經驗看國家道歉與歷史正義

State Apology and Historical Justice: The Experience of Canada

加拿大真相調查委員會從2008 年開始，花了6 年時間調查、記述過去加拿大政府所施行的原住民族政策所造成的壓迫和傷害，特別是針對寄宿學校政策進行全面性調查，終於在2015 年12 月15 日公布將近4000 頁的最終調查報告，報告中指出，過去這100 年的政策是一場文化屠殺，原住民兒童在過去曾遭受的對待是歷史上最悲慘的一頁，有非常多原住民兒童從他們的家庭與社區分離，接受教育並同化。而寄宿學校的做法就是將原住民族文化與精神視為次等、劣質，不僅沒有保護學童，反而造成原住民兒童的死亡和延續至今的跨世代歷史創傷。而甫在2015 年11 月上任的加拿大總理Justin Trudeau 也在報告公布的記者會上，再次公開向原住民族道歉，並且承諾將重建與原住民族的國與國關係，而後新政府許多相關發言和作為，也展現出與過往執政的保守政黨不同的積極態度，包括修正先前對『聯合國原住民族權利宣言』的保留態度，正式地宣誓將會毫無保留、不設條件的支持並且落實原權宣言，即便真正的作為仍然需要時間的檢驗，但加拿大在面對原住民族歷史正義的表態，仍然可以作為國內討論新政府原住民族政策基本原則的參考。本文試圖從加拿大新政府於近期相關發言和原住民族針對真相調解工作進程的討論，延伸對照國內現狀，試圖梳理出如何可能從加拿大經驗，重新詮釋、轉換成可供國內面對國家道歉、轉型正義等課題時的參考方針。

Started in 2008, the Truth and Reconciliation Commission (TRC) of Canada spent six years to investigate and document the Indigenous policies imposed by the previous Canadian governments and the suppression and harms thus caused. The residential school policy was specifically looked upon thoroughly. The final investigation report was announced on December, 15, 2015. With almost 4000 pages, the report clearly stated that the policies of the past 100 years were no doubt leading to cultural genocide for Indigenous Peoples in Canada. How the Indigenous children were treated was the most tragic period in history. Many Indigenous children were forcedly separated from their families and communities in the name of better education, but in fact for assimilation. The residential school system treated Indigenous cultures and spirits as inferior and second class. It did not only fail to protect the children, but even led to the death of many Indigenous children and resulted in the trans-generational historical trauma. Justin Trudeau, the new prime minister of Canada who took office in November, 2015, made a public apology again when he announced the TRC report. He made a commitment to rebuild the state-to-state relationship with Indigenous Peoples as well. The new government has been showing different attitude from the previous conservative government regarding Indigenous Peoples, including the withdrawal of the reservation regarding the UN Declaration on the Rights of Indigenous Peoples and officially committed that it will implement the Declaration without any condition. Although it still needs more time to review and evaluate the new government, how Canada reacts and responses to Indigenous historical justice could still be referred to when discussing about the Indigenous policies proposed by the new government in Taiwan. In this article, the author looked at the public speech made and actions took by the Canadian government regarding the truth and reconciliation process, and extended the discussion on the situation in Taiwan. The object was to reflect the Canadian experiences and re-interpret the lessons learned as the reference for the state apology and transitional justice process in Taiwan.