After an investigation that took more than three years to complete, the Executive Yuan finally issued a report on Asia Cement Corp. mining operations in Xincheng Township, Hualien on Feb. 9, sparking outrage among members of the investigative team.
The Cabinet established a 13-member investigative team in June 2018 to look into how in 1973 Asia Cement obtained the rights to mine marble in an almost 400 hectare area on Xincheng Mountain, which is home to traditional Indigenous dwellings and hunting grounds.
The team, led by Minister without Portfolio Lin Wan-i (???), included government officials, scholars, as well as representatives from Asia Cement and the Indigenous community located near the mining site.
In a press statement on Feb. 9, the Cabinet cited the 198-page report as saying that no evidence collected suggested a breach of law by Asia Cement during the process of acquiring mining rights in Xincheng from the Ministry of Economic Affairs (MOEA) in 1973.
The statement also noted that the local government's review of Asia Cement's application for mining as well as subsequent handling of the issue over the years neglected the traditions of the Indigenous community.
However, in a departure from standard practice nine members of the team tasked with investigating the issue released a statement on Tuesday that roundly criticized the conclusions drawn by the Cabinet from the report.
The group said that by clearing Asia Cement of any wrongdoing, the Cabinet directly contradicted the findings of the report, which suggested the company might not have acquired the consent of Indigenous people to mine or obtained such consent without fully communicating with them.
The statement added that the Cabinet's position, which was included in the final chapter of the report without the review of all investigative team members, directly undermined efforts to bring justice to local Indigenous people.
Later the same day, the office of Lin Wan-i, who led the investigation, said the report merely detailed what had happened in the past in terms of Asia Cement's mining operations in Xincheng, and did not contradict any court rulings made on the case to date.
The office maintained that the final chapter, which includes the conclusion and recommendations, did not deviate from the report's findings.
That chapter was signed off on by representatives of the government, Asia Cement and the Indigenous community, including five Indigenous members of the inquiry team, the office added.
The group complained that the Cabinet's press statement oversimplified the report's findings.
Moreover, it also failed to highlight the "inappropriate" and "unjust" findings that demonstrated how the rights of the Indigenous community had been undermined over the years, Chen Yi-feng (???), a member of the inquiry team and professor at National Dong Hwa University, told CNA.
In another statement issued on Wednesday, the group called on the government to implement all the recommendations made in the report, including urging local authorities to allocate funding to improve infrastructure and economic development in Xincheng.
The government should also come up with a plan to restore Indigenous peoples' rights to land and natural resources in the area currently being developed by Asia Cement within one year of the release of the Feb. 9 report and implement that plan as soon as possible.
In addition, Asia Cement should start a fund managed mainly by the Indigenous community for the improvement of their well-being and consider a strategy to transform the mining site before the company ends operations there, according to the recommendations.
Meanwhile, Asia Cement told CNA on Feb. 9 the report "proved that Asia Cement had not committed any wrongdoing" when acquiring permission to mine in Xincheng and that the report had "done justice" to the company.
Asia Cement has been allowed to continue its mining operations in Xincheng even though the extension of the company's mining rights granted by the MOEA in 2017 was revoked by the Taipei Administrative High Court in a case brought by Indigenous residents.
Last September, the Supreme Administrative Court upheld the lower court's ruling revoking the extension of Asia Cement's mining rights, which would have allowed the company to mine in Xincheng until 2037.
According to the ruling, Asia Cement failed to abide by the Indigenous Peoples Basic Law by not consulting with Indigenous residents in Xincheng, where the Indigenous community accounts for one third of the population.
The legislation, promulgated in 2005, stipulates that governments or private companies shall consult with Indigenous people and obtain their consent when engaging in land development, resource utilization, ecology conservation and academic research in what is designated Indigenous land.
Despite the legal setback, Asia Cement has been able to strengthen its case after Indigenous residents voted overwhelmingly last Saturday in favor of extending the company's mining rights in Xincheng.
A total of 294 households located near the mining site voted for the extension, while 45 voted against it, which easily passed the 50 percent majority required.
The vote was part of Asia Cement's efforts to negotiate with Indigenous residents in the township, and the result of the vote paves the way for the company to file a new application with the MOEA for the extension of its mining rights.
However, those who opposed the mining extension said the poll did not adhere to legal procedures, adding that they would continue to fight against Asia Cement's mining operations in the area.
Source: Focus Taiwan News Channel