questioned the fairness of the selection process and representativeness of those selected.34 In 2022, the third concluding observations on the ICCPR & ICESCR also included such concerns.35 29. Regarding the consultation and participation rights of indigenous peoples, the court in Taiwan has determined that criteria such as the household registration, household representative, and proxy voting systems provided in the Regulations Governing Consultation with Indigenous Tribes to Obtain Their Consent for Participation 36 impose limitations on the participation of indigenous community members who are authorized to convene community meetings according to tribal tradition.37 These regulations undermine the rights and autonomy of indigenous communities38 and are in violation of the Indigenous Peoples Basic Law . 34 PTS News (2020, Aug 14). Amid Doubts over Representative’s Lineage, Kavalan People Fight for their Rights . Retrieved from https://news.pts.org.tw/article/490654. §39 of the concluding observations on the third national report on the ICCPR & ICESCR: “The Review Committee applauds 35 the establishment of the Council of Indigenous Peoples, but urges the Government to ensure genuine representation of all Indigenous Peoples based on transparent nomination and selection procedures which respect Indigenous Peoples’ 36 37 decision-making processes.” Taipei High Administrative Court (2022, Sep 8). Summary of court decision by Taipei High Administrative Court, Case No. 109 ( 北 高 行 109 訴 1509) and Press Release of Case No.109, Katratripulr vs. Ministry of Economic Affairs. Retrieved from https://www.judicial.gov.tw/tw/cp-1888-711789-f83b8-1.html. Article 2 of the Regulations Governing Consultation with Indigenous Tribes to Obtain Their Consent for Participation provides that the term “tribal members” refers to adult indigenous individuals with a household registration in an indigenous region; “indigenous households” refers to households registered in an indigenous region with at least one household member who is indigenous by descent; “representative of an indigenous household” refers to the head of an indigenous household who is an adult and indigenous by descent, or any family member who is an indigenous adult designated by the head of the household. Regarding the decision-making process on matters that require consensus, Article 19 of the Regulations provides that the approval of a proposal requires the attendance of more than half of the household representatives at the tribal meeting in question with more than half of the attendees approving of the proposal. Article 23 provides that the convening procedures and methods, qualifications for attendance, meeting procedures, decision-making thresholds, and other issues concerning tribal meetings shall, in principle, follow the bylaws 38 24 of the tribe. Taipei High Administrative Court (2022, Sep 8). Summary of court decision by Taipei High Administrative Court, Case No. 109 ( 北高行 109 訴 1509).