In response to recent concerns from indigenous communities and the public regarding the legal status of tribes and the progress of the tribal public juridical person system, the Council of Indigenous Peoples (CIP) stated that draft legislation had previously been prepared. However, as different parts of society continue to hold diverse views, it has been difficult to reach a consensus. The CIP is currently using pilot programs to identify institutional challenges and build the broadest possible consensus, with the goal of developing a practical legal framework for tribal public juridical persons while maintaining ongoing dialogue with indigenous communities and continuing to advance the initiative.

The CIP explained that under the current legal framework, tribes are recognized as legal rights holders and already enjoy a range of rights. For example, tribes may exercise the right to consultation and consent pursuant to Articles 21 and 22 of the Indigenous Peoples Basic Law, and may obtain exclusive rights to traditional intellectual creations under Article 13 of the same Act. The exercise of these rights is based on authority granted by law and is not directly related to whether a tribe is formally established as a public juridical person. 　　

The CIP explained that public juridical persons must be established in accordance with public law and involve numerous institutional requirements, including organizational structure, scope of authority and responsibilities, financial systems, oversight mechanisms, and avenues for legal remedy. In addition, issues such as assuming greater legal responsibilities and clearly delineating responsibilities between tribal organizations and local governments must also be addressed. For this reason, the draft Regulations Governing the Establishment of Tribal Public Juridical Persons was publicly announced twice – in 2016 and 2017. However, consensus has yet to be reached within indigenous communities and broader society regarding issues such as the legal status of tribal public juridical persons, the scope of self-governance authority, and their relationship with the existing administrative system. Accordingly, beginning in 2025, the CIP adopted a small-scale and evidence-based Tribal Public Juridical Person Pilot Program. Through practical implementation, the program aims to accumulate institutional experience and conduct legal analysis. Following the completion of the pilot program, the CIP will put forward a pragmatic legislative proposal for tribal public juridical persons.