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
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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).”
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