Article 5 Measures to Safeguard Various Rights
for reviewing these matters, is appointed by local leaders with no requirement
for an open and transparent process. Given the absence of any oversight,
decisions regarding important matters involving individual Indigenous
property rights may be arbitrary or biased. Furthermore, while over 260,000
hectares of Indigenous land reserves exist, the Council of Indigenous Peoples
has fewer than 30 staff members. This workforce is inadequate when
compared to other land management authorities such as the Forestry Bureau
and the National Property Administration, whose staff member totals range
from the hundreds to the thousands. This results in a slow pace of rights
allocation for Indigenous land reserves, negatively impacting the efficiency of
rights allocation and severely affecting the land rights of Indigenous peoples.
70. For §§66–69, the NHRC recommends:
(1) The NHRC asserts that the Indigenous Peoples Basic Law recognizes the
right of indigenous peoples to their lands and natural resources. The
definition of Indigenous lands explicitly includes traditional territories
and existing indigenous land reserves and ensures the right of indigenous
peoples to own, use, develop, and control their lands and resources. The
government should acknowledge the profound relationship between
Indigenous peoples and their lands and natural resources. It should
thoroughly review and devise appropriate policies regarding Indigenous
land and establish a comprehensive set of laws that aligns with the
principles of the Indigenous Peoples Basic Law , ethnic autonomy, and
cultural characteristics, thereby responding to the Indigenous peoples’
demand to restore and secure their land rights.
(2) The government should re-evaluate and re-structure the existing
Indigenous land reserve system, and grant it the appropriate legal status.
It should invest in all the human and material resources needed to
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