Knowledge and Bio-Diversity, and the Indigenous Peoples’ Land and Maritime Area Act, et al. The Executive Yuan should urge its subordinate units to coordinate with the competent authorities in order to establish (enact) and amend these laws and regulations. 6. The investigation and identification of traditional indigenous territories are critical to what is disclosed in Paragraph 12 of Article 10 of the Additional Articles of the Constitution of the Republic of China and Article 26 of the United Nations Declaration on the Rights of Indigenous Peoples: that the nation should protect and recognize indigenous peoples’ land rights, and guarantee and provide assistance to realize their advancement. The same also serves as the basis for the handling of indigenous peoples’ affairs referred to in Articles 20 and 21 of the IPBL. In addition, Paragraph 2 of Article 20 of the Indigenous Peoples Basic Law (IPBL) expressly states that the government must establish a committee to investigate and deal with the knotty issues of indigenous peoples’ land rights, and that its organization and other related matters should be stipulated by law in order to ensure not only the committee’s fairness and impartiality, but also the allocation of sufficient administrative resources. Instead, an internal unit of the Council of Indigenous Peoples was charged by the Executive Yuan with the task of dealing with the issues. Clearly, this is in contravention of the requirements stipulated in the IPBL. After the Control Yuan investigated this matter and marked it for enforcement, the Executive Yuan has expressly defined in the draft Indigenous Historical Justice and Recovery of Rights Act the legal basis for the establishment of an “Indigenous Historical Justice and Land Investment Committee” under the Executive Yuan, and that the Committee may be exempted from the restrictions imposed by the Basic Code Governing Central Administrative Agencies and Organizations. The subsequent legislative procedures shall continue to be proactively facilitated by the Executive Yuan. 7. After the indigenous peoples have in the future recovered the land historically reserved for them, the subsequent transfer or sublease of land rights to nonindigenous individuals not only seriously deviates from the existing policy of preserving their traditional lands for indigenous peoples, but also violates current laws and regulations. It also leads to the crisis of the actual loss of the rights to said reserved land, and further to disputes between indigenous and non-indigenous peoples over the ownership of the reserved land. In order to implement the policies and decrees for preservation of tribal land, the central and local competent authorities themselves have the responsibility to propose countermeasures and deal with the situation proactively. Notwithstanding, for many years, several county/city governments have failed to investigate in detail or carry out their work with due diligence. And the Council of Indigenous Peoples responded to the situation through educational promotion and persuasion only, and failed to seek improvements in the legal system or 7

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