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