Article 5 Measures to Safeguard Various Rights H. Rights pertaining to indigenous land and natural resources (Collective/Individual Rights) 66. Indigenous land encompasses traditional territories and existing tribal reserves.83 These lands reflect the unique relationship between the indigenous peoples and local land resources. Besides exclusive property rights over tribal reserves, collective rights to the possession, occupation, and management of traditional territories should also be safeguarded. The national report highlights that placing these two factors under the section on property rights is not entirely appropriate. 67. Article 10, Paragraph 12 of the Additional Articles of the Constitution, the Indigenous Peoples Basic Law , and other relevant legislation all acknowledge the principles enshrined in the ICCPR & ICESCR, ICERD, and the UNDRIP that states should recognize and protect the rights of indigenous peoples in regard to their land and natural resources. Taiwan’s Indigenous Peoples Basic Law imposed three obligations on the state regarding collective rights in relation to traditional territories. First, it established the Indigenous Land Survey and Management Committee to investigate and handle traditional territories. Second, it mandated the formulation of the Indigenous Peoples Land and Sea Areas Act to address issues regarding collective rights in regard to traditional territories.84 Finally, it mandated the formulation of consent/participation regulations pertaining to indigenous 83 84 Article 2 of the Indigenous Peoples Basic Law stipulates that “Indigenous lands are defined as the traditional territories and reservation lands of Indigenous peoples.” Article 20 of the Indigenous Peoples Basic Law states that “the government recognizes Indigenous peoples’ rights to lands and natural resources (Paragraph 1). The government shall establish an indigenous peoples’ land investigation and management committee to investigate and manage indigenous peoples’ lands. The organization and other related matters of the committee shall be stipulated by law (Paragraph 2). The restoration, acquisition, disposal, plan, management, and utilization of the land and sea area owned or occupied by indigenous peoples or indigenous persons shall be regulated by law (Paragraph 3).” 47

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