From Thin to Thick Justice and Beyond: Access to Justice and Legal Pluralism in Indigenous Taiwan

Abstract

In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people's access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous people. These measures embrace a thin understanding of access to justice that overlooks important hurdles to both seeking and providing such access to Indigenous people. This article considers some of the key challenges of Indigenous people's access to justice in Taiwan and the role of the judiciary in both perpetuating and addressing those challenges. It argues for a thicker understanding of access to justice that addresses the circumstances of contemporary Indigenous life and confronts the entrenchment of colonialism in the state framework. Field research in eastern Taiwan shows how aspects of normativity, spatiality, economics, order, language, and institutions, ensconced in a legal framework that reinforces an unequal power relationship between the state and Indigenous people, have shaped the character of access to the justice system and, in turn, continue to operate as obstacles to meaningful access to justice for Taiwan's Indigenous people.