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Procedural Rules for Meetings of the Presidential Office Indigenous Historical Justice and Transitional Justice Committee

Approved at a preparatory meeting dated December 27, 2016

A. Convening of meetings

 
  1. The Presidential Office Indigenous Historical Justice and Transitional Justice Committee (hereafter the "Indigenous Justice Committee") has specially adopted these Rules to govern the handling of committee meeting matters.
  2. A committee meeting may only be convened when more than half of all the members attend. Members who represent the various indigenous peoples and members who are scholars or experts must attend in person, but when a member who represents a government agency is unable to attend, he or she may designate an agent to attend in his or her place.
  3. Committee meetings shall be presided over by the convener of the Indigenous Justice Committee, and when the convener cannot attend, she shall designate a deputy convener to act as her agent.
  4. The executive secretary and deputy executive secretary of the Indigenous Justice Committee are required to attend committee meetings as non-voting participants.
  5. All persons who attend committee meetings either as members or as non-voting participants shall sign an attendance book.
  6. Committee meetings shall in principle last for two hours, and may as necessary be extended or shortened. The consent of a majority of members in attendance shall be required in order to extend a meeting.

B. Agenda

 
  1. Prior to a committee meeting, the executive secretary and committee staff shall set an agenda, and shall provide meeting materials 10 days in advance to the committee members. The first order of business at a committee meeting shall be to confirm the agenda, following which the meeting may proceed.
    In addition to its regularly scheduled meetings, the Indigenous Justice Committee may meet in extraordinary session with the consent of one-third or more of the committee members, and the meeting venue may also be separately set.
  2. No less than 15 days before a meeting, a committee member may make a proposal, to be delivered either in writing or in an electronic file, by submitting a petition co-signed by at least two other members. During a meeting, a committee member may also file a motion in writing that is co-signed by at least two other members, or raise an oral motion that is seconded by at least two other members.
  3. The meeting chair may, in light of how the meeting is progressing, designate specific matters to be reported upon. The person who prepares the report shall provide the information both in writing and in an electronic file. The meeting chair may also, depending on the topics to be addressed, ask relevant government agencies, scholars, experts, indigenous persons, or indigenous groups to prepare the reports, in which case the committee staff shall provide necessary assistance to those who prepare the reports.
  4. After a member makes a proposal and the committee has decided, that member may ask relevant government agencies either to provide necessary documents and files or to present a report before the committee.

C. Making comments

 
  1. Before making a comment at a meeting, a participant shall first raise his or her hand to request standing to comment, and may not comment until the meeting chair has recognized him or her.
  2. A comment before the committee shall last no longer than five minutes. The second and subsequent comments on any particular motion shall last no longer than three minutes. After a comment exceeds the time limit, the commenter shall be requested to stop.
  3. The order of comments shall be based on the order in which participants raised their hands, but when multiple persons raise their hands at the same time, the order in which they comment shall be as follows: the person who originally raised the motion, where he or she wishes to make a supplementary or explanatory comment; the person who has commented least or has not yet commented; the person seated furthest from the meeting chair; or a woman.
  4. When it is necessary to clarify a topic, the meeting chair may ask a member involved in the topic being discussed to make a comment, the timing of which shall not be subject to the previously prescribed order of comments.
  5. A member who intends to make a comment in an indigenous language is advised to notify the committee staff at least seven days before the meeting is convened so that the latter can arrange for interpretation.

D. Resolutions

 
  1. Resolutions on committee meeting procedural matters shall be decided through a show of hands or a consensus resolution.
  2. Resolutions on matters of substance brought before the committee shall in principle be decided upon by consensus resolution. When a consensus cannot be reached, the entire membership of the committee, after discussing the matters, shall respect the shared opinion reached by the indigenous peoples' representatives after they have discussed the matters amongst themselves. If no consensus is reached, all views shall be recorded and presented together, with each view attributed to the member who voiced it.

E. Meeting minutes and other matters

 
  1. Committee meeting minutes shall be prepared by committee staff, and shall include the reasons for each motion, any resolutions that have been adopted, and any comments that have been made, and within one month after the meeting concludes this information shall be sent to all persons who attended the meeting either as members or as non-voting participants. If any person who attended the meeting either as a member or as a non-voting participant believes the minutes contain an error or omission, he or she shall report the matter in writing. Committee staff shall handle the matter, which shall be confirmed at the next committee meeting.
  2. Committee meeting proceedings shall be recorded in their entirety in audio and video format. The video file(s) shall be publicly posted, in a complete and unedited state, to the Internet within seven days, and meeting materials and meeting minutes shall also be publicly posted to the Indigenous Justice Committee website; provided, however, that this requirement shall not apply in instances where the committee passes a resolution deeming such public posting inappropriate for ethical reasons.
  3. These Rules may be amended by means of a proposal that one-third of all members have introduced and three-fourths have voted in favor of.
  4. Matters upon which these Rules are silent shall be handled in accordance with procedural rules issued and implemented by the Ministry of the Interior, or shall be decided upon by means of a consensus resolution adopted at a committee meeting.

Operation Standards for the Thematic Subcommittees of the Presidential Office Indigenous Historical Justice and Transitional Justice Committee

At the first meeting of the Presidential Office Indigenous Historical Justice and Transitional Justice Committee on March 20, 2017, the committee resolved as follows:

1.

The Presidential Office Indigenous Historical Justice and Transitional Justice Committee hereby adopts these Standards in order to establish an operating mechanism for its thematic subcommittees and carry out the matters set out in Article 4 of the Guidelines for Establishment of the Presidential Office Indigenous Historical Justice and Transitional Justice Committee ("Guidelines for Establishment of the Committee").

2.

Article 4 of the Guidelines for Establishment of the Committee provides that the committee shall establish five thematic subcommittees—subcommittee on land matters, subcommittee on culture, subcommittee on languages, subcommittee on history, and subcommittee on reconciliation—and may also establish other temporary subcommittees, subject to approval per committee meeting resolution, as may become necessary for the committee's work.

3.

Each thematic subcommittee is composed of several consultants to the committee, one of whom the convener of the committee shall appoint as the subcommittee convener to exercise overall administration of subcommittee affairs.
The consultants on each thematic subcommittee shall provide recommendations and opinions to the subcommittee and shall implement or assist with the compilation of historical materials, the drafting of reports, and other tasks.
Each thematic subcommittee shall have several staffers who carry out the compilation of historical materials, the drafting of reports, and other tasks as may be ordered by the subcommittee convener. These staffers shall be seconded by the Council of Indigenous Peoples, Academia Historica, and other related agencies.

4.

Each thematic subcommittee shall draft a thematic subcommittee work agenda—to be submitted to the committee for discussion—that shall cover the following matters:

(1) the matters to be clarified when each thematic subcommittee drafts its report on historical truth;
(2) the persons to be interviewed, methods to be used, sources from which historical materials and archival records are to be obtained, and the timetable to be observed by each thematic subcommittee as it works to clarify matters; and
(3) other tasks related to the mission of each thematic subcommittee.
5.

The executive secretary shall exercise comprehensive management of the operations of each thematic subcommittee.
Each thematic subcommittee, acting in accordance with the work agenda that has been discussed and approved at committee meetings, shall handle the inventorying of historical materials, collection of facts, preparation of a first-draft report on historical truth, and other such work.
In handling the tasks set out in the preceding point, each thematic subcommittee shall act in accordance with the principle of "focusing on the big picture before the particulars," i.e. it shall organize materials and conduct a comprehensive review of existing literature in order to gain a clear picture of the overall outline of the issues at hand, before then discussing particular matters and individual cases, at which point it may also study oral histories and undertake on-site visits.

6.

A member of the committee may, with respect to any matter falling within the purview of any given thematic subcommittee, put forward a concrete suggestion regarding how to address a particular matter, and after the passage of a resolution at a committee meeting, may then provide his/her suggestion to the thematic subcommittee so that the latter may make reference to the suggestion as it works to clarify historical truth in accordance with the provisions of its work agenda.

7.

When meeting to discuss its work agenda or to implement its work, a thematic subcommittee must inform the members of the committee so that they may either take part in the meeting or provide written suggestions.

8.

Each thematic subcommittee shall periodically report on its progress at meetings of the committee, and after completing its first-draft report on historical truth or putting forward policy planning suggestions, shall submit the report or suggestions for discussion at a meeting of the committee.

9.

When thematic subcommittees handle compilation of historical materials, drafting of reports, on-site visits, and other such work, government agencies may arrange for the payment, in accordance with applicable rules, of compensation, manuscript fees, attendance stipends, travel stipends, lodging expenses, and other such considerations to persons who take part in conferences, interviews, document drafting, and other such matters, and if necessary government procurement procedures may be implemented in accordance with the law.
With respect to the funds required for the payments referred to in the preceding paragraph, after a thematic subcommittee's work agenda has been discussed and approved in a meeting of the committee, the matter shall be referred to the Executive Yuan Committee to Promote Review and Implementation of the Indigenous Peoples Basic Law so that the latter can coordinate joint provision of the funds by the relevant government agencies.

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I know that even now, there are some around us who see no need to apologize. But that is the most important reason why I am representing the government to issue this apology today.

President Tsai Ing-wen
2016.08.01

To see what was unfair in the past as a matter of course, or to treat the pain of other ethnic peoples as an unavoidable part of human development, this is the first mindset that we, standing here today, resolve to change and overturn.

President Tsai Ing-wen
2016.08.01

The success of one ethnic people can be built on the suffering of another. Unless we deny that we are a country of justice, we must face up to this history. We must tell the truth. And then, most importantly, the government must genuinely reflect on this past. This is why I stand here today.

President Tsai Ing-wen
2016.08.01