effectively address the allocation of rights over Indigenous reserve lands.
Furthermore, the government should consider whether people who are
allocated reserve lands have a substantial traditional connection to the
land. Over time, it should fulfill the obligations set by international human
rights treaties and the UN Declaration on the Rights of Indigenous Peoples
of recognizing and restoring Indigenous land and natural resource rights.
(3) The government should actively conduct a comprehensive review with the
goal of revising existing consultation services. It should also thoroughly
communicate with Indigenous societies to establish a mechanism that
aligns with Indigenous culture. This will ensure that the right to free,
informed consent of the Indigenous peoples is respected when planning
and implementing policies related to their land and resources.
I. Right to Property
71. The national report states that, according to the Civil Service Retirement
Act and the Government Personnel Retirement Act , if a public servant’s
beneficiaries lose or do not possess Taiwanese citizenship, they consequently
lose the right to apply for retirement benefits and to continue receiving
bereavement pensions. Amendments to these regulations have been discussed
since 2012,86 but after a decade, these revisions have yet to be implemented.
Additionally, a survey report on the living needs of new immigrants in Taiwan
indicates that new immigrants feel their rights to inheritance and distribution
of family property are easily forfeited.87
72. Recommendations: The NHRC is concerned about the slow pace at which
the Civil Service Retirement Act and the Government Personnel Retirement
§32 of the national report.
86
87
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Survey Report on the Living Needs of New Immigrants published in 2018.