TAIPEI (Taiwan News) — After a long, protracted legal battle, the Presidential Office on Thursday (May 20) issued a pardon to Bunun tribe member Tama Talum, citing the Constitution and the Amnesty Act (赦免法).
On Thursday, Presidential Office Spokesperson Kolas Yotaka announced that in order to "express respect for the traditions of the Indigenous peoples," President Tsai Ing-wen (蔡英文) has issued a pardon to Tama in accordance with Article 40 of the Constitution and Article 3 of the Amnesty Act. Kolas said the president's decision is of particular significance amid the government's promotion of historical justice and transitional justice for Indigenous people.
In 2013, Tama, also known by his Chinese name Wang Guang-lu (王光祿), was sentenced to three and a half years in prison for violating the Controlling Guns, Knives and Ammunition Act (槍砲彈藥刀械管制條例) and the Wildlife Conservation Act when he shot a Formosan serow and a Reeves' muntjac with a modified shotgun. He maintained his innocence, arguing that he had the right to practice traditional Bunun customs under the Indigenous Peoples Basic Act (原住民族基本法) and that he had killed the animals to provide food for his 94-year-old mother, who was ill.
The Supreme Court rejected his appeal on Nov. 3, 2015. In 2017, he was granted an extraordinary appeal to have the case taken up by the Constitutional Court.
However, on May 7 of this year, the court issued a mixed ruling — Interpretation No. 803 — which stated that the Controlling Guns, Knives and Ammunition and Wildlife Conservation Acts are constitutional in some aspects and unconstitutional in others. The court ruled that the Controlling Guns, Knives, and Ammunition Act's requirement that Indigenous people use "self-made" guns is constitutional, while regulations listing the specifications of such weapons are insufficient.
It deemed the Wildlife Conservation Act's regulation that Indigenous people should apply for permission in advance before hunting to be constitutional. However, it found that rules requiring Indigenous people to apply at least five days ahead of "non-regular" hunts and to itemize the number and species of animals they intended to cull breeched the Constitutions' principle of proportionality.
In its ruling, the court also mentioned Article 10 of the Additional Articles of the Constitution, which dictate that the government must "guarantee and provide assistance and encouragement" for many facets of indigenous life, such as their traditional culture.
Kolas said the Constitution "clearly affirms multicultural values and protects the cultural rights of Indigenous people to engage in hunting activities."
She pointed out that in Indigenous culture, the tribes live in a symbiotic relationship with the mountains and forests and that hunting is a part of traditional daily life. Kolas said that "although Tama violated the laws governing the hunting of wild animals, the president believes that he hunted to take care of a sick family member."
The spokesperson said that the court had deemed hunting for personal use to fall under the category of traditional Indigenous culture and that it is forgivable. Kolas closed by asserting that the pardon "demonstrates that the government respects the life and culture of Indigenous peoples and promotes the mainstream development of minority groups."
