|標 題：||The Indigenous Peoples Basic Law|
Content： Ministry of Justice, Council of Indigenous Peoples, February 5, 2005 Article 1 This Law is hereby promulgated for the expressed purposes of recognizing, protecting, and promoting the fundamental rights of Indigenous People, enhance and secure shared prosperity of the Indigenous communities, so as to ensure Indigenous Peoples’ continued survival based on sustainable socio-economic development and in the spirit of inter-people cooperation. Article 2 Definition of Terms For purposes of this Law the following terms shall mean: 1. The term “Indigenous Peoples” means peoples, under the State’s jurisdiction, who usually live within (or maintain attachments to) geographically distinct ancestral territories; who tend to maintain distinct social, economic, and political institutions within their territories; who typically aspire to remain distinct culturally, geographically and institutionally rather than assimilate fully into national society; and who self-identify as Indigenous Peoples and/or Tribal Peoples, such as, but not limited to, the Amis tribe, the Atayal tribe, the Paiwan tribe, the Bunun tribe, the Pinuyumayan tribe, the Rukai tribe, the Tsou tribe, the Saisiyat tribe, the Yami tribe, the Tsao tribe, the Kavalan tribe, the Taroko tribe, and any other such tribes as may self-identify as Indigenous Peoples and duly obtain official recognition and approval from the Central Competent Authority of Indigenous Affairs upon official petition and/or application. 2. The term “Indigenous Persons” means nationals who are registered either as Mountain Region Indigenous Peoples or as Plain Region Indigenous Peoples, and thereby obtain legal Indigenous status, being evidenced by the household registration records of aforesaid Indigenous Persons. 3. The term “Indigenous Peoples’ Regions” means areas recognized and approved by the Executive Yuan based on the official representation and application made by the Central Indigenous Authority who identifies “Indigenous Peoples’ Regions” as all areas within which Indigenous Peoples traditionally live and are duly recognized and officially defined by the Central Competent Authorities as Indigenous Peoples’ geographically distinct Traditional Territories, Ancestral Domains, and/or Ancestral Lands which remain traditionally, culturally and historically distinct, hence, characteristically and intrinsically connected to the Indigenous ways of being, living, and relating. 4. The term “Tribes” means distinctly different ethnic groups composed of Indigenous Persons who usually live within (or maintain attachments to) geographically distinct ancestral territories; who tend to maintain distinct social, economic, and political institutions within their territories; who typically aspire to remain distinct culturally, geographically and institutionally rather than assimilate fully into national society; and who self-identify as Indigenous Peoples and/or Tribal Peoples. 5. The term “Indigenous Land / Lands” means the Traditional Territories and Reserved Land / Lands, that is, Land / Lands reserved for Indigenous Peoples and generally deemed as well as officially recognized as belonging to Indigenous Peoples. Article 3 In respect of matters related to this Law and/or fall within the scope of this Law, for reviewing and coordinating purposes, the Executive Yuan shall establish an Indigenous-specific Executive Committee called up by and reporting directly to the Premier. As such, Indigenous Persons shall comprise, at the minimum, two thirds (2/3) of the total number of members of the afore-mentioned Indigenous-specific Executive Committee. As appropriate, said Indigenous representation shall be proportionate to the population of each distinct ethnic group, while being constituted in such a manner that no ethnic group shall be disproportionately represented and/or under-represented. The By-Laws governing responsibilities, functions, and activities of aforesaid Indigenous-specific Executive Committee shall be duly prescribed by the Executive Yuan. For the purposes of this Law, the term "Competent Authorities" used herein in this Law shall refer to the Council of Indigenous Peoples (hereinafter referred to as the CIP) directly under the jurisdiction of the Executive Yuan at the Central level, the Municipal City Governments at the Municipal level, and the County/City Governments at the County/City level. Article 4 In respect of the right to self-governance and self-determination of Indigenous Peoples, the Government shall formulate measures to ensure that the equitable and autonomous status and sustainable development of Indigenous Peoples, in accordance with their requirements and needs, shall be recognized, respected, strengthened, and supported by the State, following the principles of self-governance and cultural integrity, as well as based on their legitimate and collective interests and aspirations. As such, matters relating to self-governance and self-determination of Indigenous Peoples shall be governed by the enactments and rules of law applicable to them. Article 5 In respect of the right to self-governance and self-determination of Indigenous Peoples, the Government shall strengthen and support the equitable and autonomous status and sustainable development of Indigenous Peoples by providing abundant financial assistance. In respect of the right to self-governance and self-determination of Indigenous Peoples, unless otherwise provided for under this Law or prescribed in separate provisions under other pertinent laws relating to self-governance and self-determination of Indigenous Peoples, the establishment and administration of tribal socio-political entities and support for autonomous regions shall be subject to pertinent provisions contained in the Local Government Act, the Act Governing the Allocation of Government Revenues and Expenditures, and/or other applicable enactments and rules of law, within the jurisdiction under the concerned Municipal City Governments at the Municipal level or the concerned County/City Governments at the County/City level. Article 6 In resolving conflicts or disputes pertaining to self-governance and self-determination of Indigenous Peoples, where aforesaid conflicts or disputes are between the Government and Indigenous Peoples, any determination or decision thereon shall be reached through dialogue and consensus, as far as practicable, by convening a Consultative Meeting through the Office of the President. Article 7 The Government shall protect and safeguard Indigenous Peoples’ rights to education, providing quality education, relevant to the needs, interests and aspirations of Indigenous Peoples, following the principles of cultural diversity, cultural integrity, and cultural equality, as well as equitable access to education of all types and at all levels. As such, matters relating to Indigenous Peoples’ rights to education shall be governed by the enactments and rules of law applicable to them. Article 8 Where the Municipal City Governments at the Municipal level and/or the County/City Governments at the County/City level within whose jurisdiction are located Indigenous Peoples’ Regions, said Government shall establish specially designated units and/or appoint designated specialist officers (DSOs) and/or authorized representatives (ARs) in charge of Indigenous affairs. Article 9 The Government shall proactively promote Indigenous language development by establishing specially designated units to undertake researches on Indigenous languages as well as adopting evaluation systems to carry out the assessing process with respect to Tribal Language Skills. In respect of civil service examinations, the Government shall take preferential measures and give priority considerations to Indigenous Peoples and/or devise special civil service examinations especially designed for Indigenous Peoples, in accordance with such relevant rules, regulations, and laws as may require beneficiaries or candidates to pass the afore-mentioned evaluation or tribal languages skills tests. Article 10 The Government shall develop and protect the past, present and future manifestations of Indigenous cultures, provide guidelines for matters relating to the cultural industry, as well as identify and nurture Indigenous talents by assisting in upgrading their professional know-how and skills. Article 11 Based on the legitimate and collective interests and aspirations of Indigenous Peoples, the Government shall restore accordingly the traditional names of Indigenous tribes, rivers, and mountains within Indigenous Peoples’ Regions, inherited or handed down from their ancestors. Article 12 The Government shall protect, safeguard, and secure Indigenous Peoples’ rights and equitable access to broadcast media of all forms, establish the Indigenous Peoples’ Cultural Foundation, and formulate plans to establish Broadcast Media Services (BMS) and the like in tribal languages, as well as create such media content as may be destined for serving Indigenous Peoples. As such, matters relating to afore-mentioned Indigenous Peoples’ Cultural Foundation shall be governed by the enactments and rules of law applicable to them. Article 13 The Government shall protect and promote the development of the Bio-diversity, biological and genetic resources within Indigenous Peoples’ Regions, as well as Indigenous traditional intellectual creations (hereinafter referred to as ITICs), Indigenous knowledge systems and practices (hereinafter referred to as IKSPs) such as, but not limited to, adaptive mechanisms which have allowed indigenous Peoples to survive and thrive within their given socio-cultural and biophysical conditions. As such, provisions concerning the protection and promotion of afore-mentioned ITICs and IKSPs shall be prescribed under enactments and rules of law which shall be known and cited as “The Indigenous Traditional Intellectual Creations Protection Act.” Article 14 Based on the legitimate and collective interests and aspirations of Indigenous Peoples and their given socio-cultural and biophysical conditions, the Government shall formulate and implement policies, plans, programs and projects for economic development of the Indigenous Peoples and provide guidelines for environmental protection and conservation, as well as utilization of natural resources within their given socio-cultural and biophysical environment, so as to promote Indigenous socio-economic well-beings and shared prosperity. Article 15 The Government shall restructure its commitments in Budget forward estimates and broaden Indigenous-specific expenditure in both the nominal and real terms, so as to distribute bigger allocations to advance the sustainable development of Indigenous Peoples Regions, while proactively engaging with utility, energy, and/or power providers and cause significant improvement in terms of transportation, post, telecommunication, irrigation works, tourism and other public construction within Indigenous Peoples’ Regions. For the purpose of implementing policies relating to the affairs as are referred to in the preceding paragraph, the Government may establish Indigenous Construction Funds destined to secure the delivery of basic services covering housing, sanitation, water, infrastructure, electrical facilities, and the like, within Indigenous Peoples’ Regions. Utilization of said construction funds and its related procedures shall be governed by the enactments and rules of law applicable to them. Article 16 The Government shall formulate and implement housing policies for Indigenous communities, while advising Indigenous Persons on matters relating to their decisions to renovate, purchase, lease, or build houses, so as to proactively promote and optimize tribal renewal projects and activities. Article 17 The Government shall defend and protect Indigenous Peoples’ employment rights, while increasing Indigenous employment opportunities by providing vocational education and training (VET) meeting identified priority needs and concerns of Indigenous communities, assisting Indigenous jobseekers in upgrading their professional qualifications and obtaining technician certificates, building comprehensive network that delivers Indigenous employment services, promoting Indigenous employability, and securing pay and employment equity for Indigenous jobseekers and/or employees. Provisions concerning aforesaid Indigenous Peoples' employment rights protection shall be duly prescribed and provided for in relevant enactments and rules of law, which shall be known and cited as “The Indigenous Peoples' Employment Rights Protection Act.” Article 18 For the purposes of assisting with any commercial or profit making business activity or enterprise undertaken by Indigenous Peoples, based on the management principles of economy, efficiency and effectiveness, the Government shall establish Indigenous Peoples’ Development Funds in this regard. The funding sources shall include, but not be limited to, financial assistance from the Central Government in accordance with relevant statutory budgeting procedure, as well as payment of compensation over lands belonging to Indigenous Peoples, reparation, revenues, donations, endowments and/or grants distributed in accordance with other relevant enactments and rules of law, in addition to other sourcing and/or appropriation. Article 19 Indigenous Persons have rights to perform the following non-for-profit activities within Indigenous Peoples’ Regions: 1. Hunting wild animals. 2. Collecting wild plants and fungus. 3. Extracting minerals, rocks and soils. 4. Utilizing water resources. The activities listed above can only be performed for traditional, cultural, ritual, ceremonial and/or self-consumption purposes. Article 20 The Government recognizes Indigenous Peoples’ rights to lands and natural resources. The Government shall establish an Indigenous Peoples’ Land Surveys and Management Committee to conduct surveys, inspection, and investigation as well as management of Indigenous Peoples’ lands. Provisions concerning aforesaid Committee shall be duly prescribed and provided for in relevant enactments and rules of law. Matters relating to the restoration, acquisition, disposal, planning, management, and utilization of the land and sea area owned or occupied by Indigenous Peoples or Indigenous Persons shall be governed by the enactments and rules of law applicable to them. Article 21 In consultation with Indigenous Peoples, the Government or any private entity shall obtain their free and prior informed consent (FPIC) and/or maximum participation, as well as share with the concerned Indigenous Peoples benefits generated from exploration, development, exploitation and utilization of natural resources and lands within Indigenous people’s Regions, as well as ecological and academic researches thereon. In the event that any government and/or any enactments and rules of law may impose such restrictions on Indigenous Peoples as to limit their utilization of their lands and natural resources, the Government shall first consult with Indigenous Peoples concerned or Indigenous Persons concerned and obtain their free and prior informed consent (FPIC). A fixed proportion of revenues generated under specified circumstances described in the preceding two paragraphs shall be duly allocated to Indigenous Peoples under the Indigenous Peoples’ Development Funds as returns on investment and/or compensations. Article 22 The Government shall obtain free and prior informed consent (FPIC) from the affected Indigenous Peoples on the site and formulate a common management mechanism prior to establishing national parks, national scenery, forest district, ecological protection zone, recreation zone and other resource management institutions. Rules and regulations governing aforesaid policies, projects, and activities shall be duly prescribed by the concerned Central Competent Authorities in collaboration with the Central Competent Indigenous Affairs Authority. Article 23 The Government shall recognize and respect Indigenous Peoples’ rights to choose their way of life, customs, clothing, modes of social and economic institutions, methods of resource utilization and types of land ownership and management, based on their Indigenous knowledge systems and practices (IKSPs). Article 24 The Government shall formulate and implement public health and health care policies meeting identified priority needs and concerns of Indigenous communities, incorporate Indigenous Peoples’ Regions into the national medical network, provide health care to/for Indigenous Peoples, establish comprehensive and long-term health care, emergency care, and evacuation system, so as to improve Indigenous Peoples’ physical well-being and overall health. The Government shall respect Indigenous traditional medicine and health / healing methods of Indigenous Peoples, as well as and undertake researches thereon and promotion thereof. Article 25 The Government shall establish a Natural Disaster Prevention Planning and Exercises Systems, Response Plans, and Relief / Recovery Programs within Indigenous Peoples’ Regions all over the country, while defining natural disaster prevention priority zones therein, so as to safeguard lives and protect physical safety and properties of Indigenous Peoples. Article 26 The Government shall proactively formulate implement social welfare policies for Indigenous Peoples, undertake planning to establish Indigenous Peoples’ social security (welfare) system and provide special protection in respect of the rights and welfare of Indigenous children and women, as well as Indigenous Persons disabled by physical, intellectual, sensory, mental or developmental impairment. The Government may, on its own initiatives, provide assistance payment / supplements / subsidies for Indigenous Persons without sufficient resources to participate in the social insurance scheme and/or have access to health care services and welfare benefits. Article 27 The Government shall proactively promote savings and cooperative businesses and enterprises undertaken by Indigenous Peoples, while providing guidelines for the management thereof and treating the same with preferential tax measures. Article 28 The Government shall provide protection and assistance for Indigenous Persons living outside Indigenous Peoples’ Regions in respect of their health, accommodation, finance, education, caring, employment, medical care, and adaptation to the society. Article 29 In order to protect the dignity and fundamental human rights of Indigenous Peoples, the Government shall prescribe provisions contained in a separate Chapter devoted to Indigenous Peoples’ human rights to be integrated into national legislation of human rights. Article 30 The Government shall give due respect to tribal languages, Indigenous customs and practices, cultural diversity, cultural integrity, and the integrity of the values, practices and institutions of Indigenous Peoples in the process of dealing with Indigenous affairs, making laws or implementing judicial and administration remedial procedures, notarization, mediation, arbitration and the like, for the purpose of protecting the lawful rights of Indigenous Peoples. In the event that an Indigenous Person does not understand the Chinese language, an interpreter who speaks the tribal language shall be put in place. Indigenous Peoples’ courts and/or tribunals may be established for the purpose of protecting Indigenous Peoples’ rights and equitable access to Justice / the judicial system / the judiciary system. Article 31 The Government must not store toxic materials within Indigenous Peoples’ Regions against the will of Indigenous Peoples. Article 32 The Government shall not displace or relocate any Indigenous Person from his or her land, except in cases of imminent and obvious danger. In cases of displacement or relocation of Indigenous Persons, the same shall be properly accommodated and compensated for the losses suffered as a result of forced displacement or relocation as is referred to in the preceding paragraph. Article 33 The Government shall proactively promote people-to-people exchanges and inter-people cooperation between and among Indigenous Peoples, both nationally and internationally, on matters affecting Indigenous Peoples and ethnic minorities, such as, but not limited to, economical, social, political, cultural, religious, academic, and ecological issues. Article 34 The Competent Authorities concerned shall amend, make, or repeal relevant rules and regulations in accordance with the operating principles underlying this Law within a period of three (3) years from the date of its enactment. Article 35 This Law shall come into force as from the date of its promulgation.