Following the Supreme Administrative Court’s June 25 ruling in Case No. Shang-487 in 2023, which has drawn significant attention from the public and indigenous communities, the Council of Indigenous Peoples (CIP) issued a statement today to clarify its position and outline follow-up actions to prevent misunderstandings and disputes.

• The CIP stated that it fully respects the authority of the judiciary and acknowledges that the ruling is binding in the individual case concerned. While the Supreme Administrative Court may or may not establish a consistent legal interpretation for similar cases in the future, the CIP will continue to monitor developments closely; it has already initiated an executive review to examine broader policy implications in light of this ruling.
• Article 21 of the Indigenous Peoples Basic Law covers a wide range of actions and affects multiple stakeholders, including various central competent authorities, local governments at all levels, and the operational capacity of tribal assemblies. To ensure a prudent and thorough approach, the CIP will convene relevant agencies, as well as scholars and experts, to conduct a comprehensive review of traditional territory delineation and free, prior, and informed consent (FPIC) mechanisms. The goal is to build consensus and provide a solid basis for legislative amendments.
• Changes to the delineation of traditional territories and related FPIC mechanisms will require amendments, not only to the Indigenous Peoples Basic Law and its subordinate regulations, but also to the careful consideration of how to implement Article 10, Paragraph 12 of the Additional Articles of the Constitution while safeguarding the fundamental rights of all citizens. In accordance with the Constitution, the CIP pledged to solicit diverse viewpoints with an open attitude, aiming to find the broadest possible consensus between protecting indigenous land rights and upholding the basic rights of the general public, ensuring that any amendments are duly considered and safeguard indigenous interests.
• Several indigenous legislators have already proposed amendments to Article 21 of the Indigenous Peoples Basic Law in the current Legislative Yuan session. The CIP will continue to hold in-depth discussions with sponsors, taking into account the Supreme Administrative Court’s ruling in Case No. Shang-487 in 2023, to reach consensus on issues such as traditional territory delineation and supporting FPIC mechanisms.