Article 5 Measures to Safeguard Various Rights
problems include the failure to consider the religious beliefs of the indigenous
peoples, the lack of communal spaces for gatherings, the need of some to
return to their original homes, and eligibility for permanent housing. Indigenous
groups have urged the government to review the matter thoroughly.122
99. Recommendations: The government’s initial intention of providing social
housing and permanent homes in response to the Typhoon Morakot disaster was
out of concern for the safety and urgent needs of indigenous peoples. However,
the relocation method has strayed from the original plan to prioritize the
construction of permanent homes.123 As a result, indigenous peoples at present
do not have full access to their culture, and their survival, housing, and work
needs cannot be satisfied. Hence, the government should act in accordance with
Article 5 of ICERD and its General Recommendation No. 23, General Comment
No. 14 of ICESCR, and the United Nations Guidelines for the Implementation of
the Right to Adequate Housing. Under the principle of free, prior, and informed
consent and the option to return (or just and fair compensation), the government
should proactively review, improve, create remedial measures for, and formulate
culturally sensitive policies for land and housing.
(b) New immigrants
100. §80 of the national report stated that the government builds social housing
122
See Civil Media (2020, Nov 26). Indigenous Groups Demand Comprehensive Review of Ongoing Permanent Housing
Policy Issues 11 Years After Typhoon Morakot . https://www.civilmedia.tw/archives/98994 and (2020, Oct 23). Indigenous
Community fights back despite lives lost as government demolishes “illegal” attraction. https://www.civilmedia.tw/
archives/97972. 88 news. (2020, Mar 11). Religious Groups in Wutai Township Petitions to Reject Permanent Housing from Tzu
Chi Organization . https://www.88news.org/posts/3130. 88 news. (2010, Aug 5). Recap of Hardest Hit Areas on Typhoon Morakot
Anniversary: Wutai Township ─ Relocation Is Still Far Off . Retrieved May 17, 2023 from https://www.88news.org/posts/5562.
123
Control Yuan investigation report approved on April 19, 2022 (111 內 調 0017), and the Principles for the Relocation of the
Indigenous Community after the Typhoon Morakot Disaster formulated by the Morakot Post-Disaster Reconstruction Council,
Executive Yuan on September 4, 2009, explicitly stipulates that village relocation should be conducted as follows: 1. Post-disaster
reconstruction without leaving the village. 2. The relocation of the village within the original township. 3. The relocation of the entire
village to the nearest and most suitable location (relocation to another village outside of the original township). According to official
statistics, 85% of Indigenous households that accepted relocation have been relocated to another village outside of the township.
71