Article 2 Elimination of Racial Discrimination
27. Recommendations: The government should continuously review its legal
statutes and actively promote the revision of laws and measures that are in
conflict with the Indigenous Peoples Basic Law . It should also adhere to the
standards set by General Recommendation No. 23, United Nations Declaration
on the Rights of Indigenous Peoples (UNDRIP) and other international human
rights conventions. Any decision that directly affects or has significant
implications for the rights and interests of indigenous peoples should not be
made without their free, prior, and informed consent.
B. Mechanism to ensure the fair representation of racial groups in the
decision-making process of government agencies
28. The national report mentions that the CIP has full-time members
recommended by various ethnic groups as group representatives. However,
the nomination and selection process for these members is not specified in
the Organization Act of the Council of Indigenous Peoples or the Directions
Governing the Selection of CIP Members .33 Ethnic groups have repeatedly
33
Article 4 of the Organization Act of the Council of Indigenous Peoples provides that “The Council is composed of 19 to 29
members. At least one representative of each of the indigenous tribes of Taiwan shall be appointed to the Council
according to the Contract-based Worker Employment Act, with the term of office dependent on any change of Chairman.”
Directive 3 of the Directives Governing the Selection of CIP Members provides that “the council member must fulfill one
of the following criteria: 1. a person of indigenous origin, 2. a person with competence or experience specified in the
Contract-based Worker Employment Act, or 3. a person of good repute who provides dedicated service and has a deep
understanding of indigenous affairs.” Directive 7 provides that: “For the selection of contract-based (part-time) council
members, it is important to consider their character and loyalty to the nation as well as their ability to work independently
and their communication, coordination, and research and development skills, expertise in relevant fields, and
contributions to ethnic communities, among other factors.” Directive 8 provides that: “The selection and appointment of
council members shall be as follows: 1. Representatives of indigenous origin are nominated by each ethnic community.
2. Representatives from relevant agencies are appointed by their respective agencies. 3. Experts and scholars are
nominated by the council. The abovementioned candidates shall be recommended by the council chairperson to
President of the Executive Yuan for official appointment (commission).” Directive 9 states that: “The selection of new
members should begin three months prior to the expiration of the current term. In case there is a vacancy with a
remaining term of one year or more, the council chairperson may assess actual needs and nominate a candidate to the
President of the Executive Yuan for official appointment (commission) to fill the vacancy until the original term expires.”
Directive 10 provides that: “When necessary, a review committee may be formed to evaluate the proposed candidates. The
composition of the review committee shall be determined by the council chairperson, who will appoint the committee
members. The review committee will deliberate on the candidates and submit their recommendations to the council
chairperson, who will make a final decision and submit the decision to the Executive Yuan for appointment (commission).”
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