Monday, November 24, 2008

17 years of protest, comfort woman demand apology

It has been 17 years since Taiwan's comfort women first took to the streets protesting the inhumane treatment they received during World War II. They demand a formal apology and compensation from the Japanese government for forcing them to work as sex slaves for Japanese soldiers.

When their campaign began in 1992, there were 58 surviving former comfort women, of which 11 were indigenous. But now only 20 are left, and among them only five indigenous women left.

Following 17 years of protests, the Taipei Women Rescue Foundation says the number of surviving indigenous comfort women has dropped from 11 to only five now. Most of them are in their 80s. Some live with their families while others live alone without family care.

These women say they are happy that the Legislative Yuan recently finally passed the “Taiwan Comfort Women Resolution” and is supporting their battle for justice.

“The unfortunate women, including indigenous and non-indigenous, all hope our government would stand up for them. The campaign has been going on for 17 years and the indigenous women had also participated in many international events or conferences to have their voices heard. They say that Japan has played dumb for the past 17 years, ignoring their demand. Now, they hope their own government will fight with them.” Taipei Women Rescue Foundation said.

These Taiwanese indigenous comfort women were mostly victimized in their own communities at young age.

“In those days, we had those Japanese soldiers around, those who were stationed in Taiwan. They were headquartered near local communities and got girls to cook for them and sew their clothes. They also raped these girls. During the day time, the soldiers demanded them to do labor work at the camps, and at night the girls became comfort women.” Taipei Women Rescue Foundation said.

This cruel chapter of history was once buried without people knowing. But in 1992, the victims began to speak out and managed to have this piece of history restored. It was a process full of pain because the victims were harmed once again when their community members gave them discriminating looks after hearing their stories.

“There was a cave that was used as a Japanese ammunition depot. One of the surviving comfort women was assaulted there and she has never dared to pass by that cave again. The memory's too painful.” Taipei Women Rescue Foundation said. “Community members all knew about it but they all pretended that it never took place. This put additional pressure on the victim because she was hurt once again by the disdaining looks from community members.”

It's been 63 years since the Japanese troops left Taiwan, but the Japanese government still refuses to acknowledge this part of history. Lai says the victims are especially infuriated by the indifference and lack of response of the Japanese government.

Comfort Women Resolution, Taiwan

On November 11, the Legislative Yuan passed the “Taiwan Comfort Women Resolution.” The resolution demands that the Japanese government admit it had forced Taiwanese women into sexual slavery at Japanese military brothels during World War II. It also demands that the Japanese government take responsibility and compensate the victims. The document brings a ray of hope to the comfort women following their 17 years of protests.

Ninety-two year old Wu Xiu-mei endorses the Taiwan Comfort Women Resolution. She is the eldest surviving comfort woman in Taiwan. She says she is thrilled that the government is finally on their side and is taking action after their 17 years of protests.

“I'm grateful and happy that the legislators stood by our side and that the government is helping us.” Wu Xiu-mei said.

The bipartisan resolution in Taiwan demands the Japanese government admit and take responsibility for its role in forcing women into sexual slavery for Japanese military brothels during World War II. It also demands compensation for the victims.

“Regardless of their party affiliations, the lawmakers passed the resolution at the historic moment of 9:54 a.m. on November 11.” Chen Shu-li, Director of Taipei Women's Rescue Foundation said. “We were thrilled to hear Wang Jin-ping, the president of the Legislative Yuan, read the resolution out loud.”

Taipei Women's Rescue Foundation says they hope the Ministry of Education will include the experience of these comfort women in school textbooks in the future to help strengthen human rights education.

Comfort women is a euphemism for women forced into sexual slavery and involved in prostitution for Japanese military brothels during World War II. Around 200,000 are typically estimated to have been procured, but the disagreement about exact numbers is still being researched and debated. It was said that the majority of the victims were from Asian countries including China, Korea and Taiwan, and some Japanese-occupied territories were also used as "comfort stations".

Appeal Against Hunter

In March this year, Bunun man Xing San-yi went hunting and accidentally discharged his hunting gun and hurt himself. Several days later when he returned home from the hospital, Xing was indicted for violating the Statute For Controlling Firearms, Ammunition And Weapons.

The prosecutor said the Bunun man had violated the regulations governing homemade firearms because he used a 0.27mm bullet that was for construction use. Although Xing was later found not guilty by the Nantou District Court, prosecutors have appealed the acquittal. The case is now being reviewed by Taiwan High Court.

In November 2001, Article 20 of the Statute For Controlling Firearms, Ammunition And Weapons was amended. It is stated in the amendment that indigenous people who possess homemade hunting guns without registering with authorities, can be fined administrative penalties for up to NTD 20,000, but it also stated that legal punishment is not suitable for such cases.

“We made amendments to parts of the Statute For Controlling Firearms, Ammunition And Weapons. The reason is because many indigenous people who carry guns for hunting are arrested and locked up for possessing firearms. When we passed the amendments we wanted to decriminalize the possession of firearms for the indigenous people.” Walis Pelin from the Sediq tribe, who is also the former Minister of Council of Indigenous people, and a one-term legislator said.

If it is no longer a crime for indigenous people to carry hunting guns and they face only fines for failing to register the firearms, then why is it that many indigenous people are still prosecuted for firearms related charges? According to the lawyer, that's because there are no clear regulations on bullet possession. This loophole allows the court and prosecutors to have different interpretations.

“Local courts are split on the interpretation of bullet possession. Some follows the principle of legality, and say because bullet possession doesn't fall under the amendment so it should be punishable by law,” Yang Zhi-hang, Atayal lawyer said. “Others say since you are not penalized for hunting gun possession, bullet possession should not carry a penalty.

Although indigenous people are allowed to own hunting guns under the firearm regulations amendment, many are still being prosecuted due to a lack of rules on bullet possession. The laws should be amended to protect indigenous hunting culture. The amendment should ensure that indigenous people don't fall prey to the different interpretations of bullet possession by different courts and prosecutors.

Monday, November 3, 2008

US Presidential Candidate Barack Obama's Policy on Native American

The United States presidential elections will take place on Nov. 4th, only a few days away. Both presidential candidates are in their final phases of campaigning. On Oct. 23rd, Democratic presidential candidate Barack Obama released his policies on Native Americans through the Internet. Obama talked about the preservation of indigenous languages and cultures. More importantly, he said the federal government and Native Americans should maintain a Nation-to-Nation Relationship.

The U.S. presidential election is only a few days away. Both Barack Obama and John McCain are trying to win votes in the final stage of campaigning with proposed healthcare plans, economic policies and other tactics including attacking each other. Both sides are giving it their all. On Oct. 23rd, Obama used the Internet to share his policies on Native Americans. This makes Obama one of the few presidential candidates to present indigenous policies during campaigning.

“Few have been ignored by Washington for as long as American Indians. Too often, Washington pays lip service to working with tribes while taking a one-size-fits-all approach with tribal communities across the nation. That will change if I am honored to serve as president of the United States.”

In this four-minute YouTube Video, Obama talked about his policy for Native Americans if he became president. The most important part was when he mentioned that the relationship between the federal government and the Native Americans should be a Nation-toNation relationship. Furthermore, Obama said he would hold an annual summit at the White House with tribal leaders for the process of decision-making.

“My American Indian policy begins with creating a bond between an Obama administration and the tribal nations all across this country. We need more than just a government-to-government relationship; we need a Nation-to-Nation relationship, and I will make sure that tribal nations have a voice in the White House.” said Obama. “I’ll appoint an American Indian policy adviser to my senior White House staff to work with tribes, and host an annual summit at the White House with tribal leaders to come up with an agenda that works for tribal communities. That’s how we’ll make sure you have a seat at the table when important decisions are being made about your lives, about your nations and about your people. That'll be a priority when I am president."

Apart from stressing the Nation-to-Nation relationship, Obama said if he was elected to the White House, he would abide by treaty commitment that the previous governments have signed with Native Americans and keep the promises the governments have made. Obama praised the treaty commitments “a paramount law”.

Obama's white paper has impressed some Native Americans, especially when he talked about Nation-Nation relationship between the Native Americans and the federal government and proposed annual White House meetings between leaders from the two sides. At the end of his speech, Obama said that his family background has made him more active in formulating indigenous policies and that he would make it one of his focuses during his term in the White House.

Recent polls show that Obama is leading McCain. Now in the last moments of the campaigning, both candidates are bringing up different topics to attract voters. It is uncertain if Obama's speech on Native American policy will attract more support from states where Native Americans comprise a larger part of population. Most importantly, will they keep their words?
We certainly hope.

1st Not-Guilty verdict over firearms charge

Taiwan has strict arms control laws and only indigenous people can apply for the right to make and possess hunting guns. However, in recent years, the possession of hunting guns has often caused disputes. Earlier this year, Bunun man Xing San-yi was charged with misuse of firearms. After several months of trial, the court found him not guilty. This is the first time an indigenous person was found not guilty of firearms-related charges. The verdict sets a precedent for the indigenous people who use guns for hunting.

1st Not-Guilty verdict over firearms charge
In March this year, Bunun man Xing San-yi went hunting and accidentally discharged his hunting gun and hurt himself.. Several days later after he went back home from the hospital, Xing was prosecuted for violating the Statute For Controlling Firearms, Ammunition And Weapons. The prosecutor said the hunting gun he used was able to fire a 0.27mm caliber bullet and was suitable for constructional purpose, which had violated the regulations governing homemade firearms.

According to the Ministry of the Interior Affairs, a self-made hunting gun is (1) defined as one using black powder which is filled into the barrel from the muzzle and, (2) strike the primer to ignite the powder charge, which (3) discharges the metal balls, while Xing San-yi’s Hunting Rifle was found modeled after the nail gun used for construction and is capable of shooting a 0.27mm bullet, The prosecution the Xing’s gun does not fall under the homemade rifle category and it’s illegal.

However, the judge handling the case ruled that if the law allows indigenous people to make homemade firearms as tools for hunting, then Xing is not guilty. The ruling sets a precedent for indigenous people in firearms-related lawsuits.

“We are simply going hunting, to make a living. We are not doing anything against the law. It's a good thing that the judge found me not guilty. Otherwise, I don’t know how I can face my family.” said Xing San-yi, the Bunun hunter from the Tambazoan Community, Nantou.

Xing has not been able to work because he is still not able to walk steadily due to the wound. He also had to spend a lot of time in court during the trial. The family burden has fallen on his unemployed wife.

“The burden has fallen on me in the past few months.” Xing’s wife said. “We indigenous people rely on the mountain for our livelihood. Hunting used to be a normal part of our life. So I don’t think we have broken any laws.”

Indigenous people have often unintentionally infringed the laws governing firearms use, hunting territories or the way to hunt. Now that Xing has been handed a not-guilty verdict, which is the first time an indigenous person was found not guilty of firearms-related charges. For the indigenous people who keep the tradition of hunting, this ruling is significant and also serves as an important reference to related charges.