The Council of Indigenous Peoples announced this month (April) the formulation of the “Regulations for Tribal Convention” and amendments to the “Regulations for Consulting with Indigenous Peoples or Tribes to Obtain Their Consent and Participation,” seeking opinions from all sectors of society. The Council of Indigenous Peoples especially issued a statement today (April 11). To assist tribes in developing sound autonomy and establishing autonomous decision-making mechanisms, the Council has planned, formulated, and amended the regulations, welcoming valuable input from all sectors of society.
The Council of Indigenous Peoples stated that Article 2, paragraph 1 of the Indigenous Peoples Basic Law stipulates, “In order to promote the sound autonomy development of indigenous tribes, the tribes shall establish tribal council.” Additionally, “The regulations regarding the composition of tribal council, resolution procedures and other related matters shall be determined by the central government agency for indigenous peoples.” Thus, indigenous tribes must establish a tribal council according to the regulations, serving as a key mechanism for sound autonomy development, while also authorizing the Council of Indigenous Peoples to formulate relevant regulations.
The Council of Indigenous Peoples noted that the composition of tribal council, resolution procedures, and other related matters are currently regulated in the “Regulations for Consulting with Indigenous Peoples or Tribes to Obtain Their Consent and Participation.” However, this is not appropriate within the legal system. Moreover, in recent years, local governments and tribal members have provided substantial advice on improving the tribal council. After gathering opinions from all sectors of society, it has been decided to propose a draft of the “Regulations for Tribal Convention” under the authorization of Article 2, paragraph 1 of the Indigenous Peoples Basic Law.
The Council of Indigenous Peoples also demonstrated that Article 21 of the Indigenous Peoples Basic Law stipulates the method of consultation and consent, which was previously confined to tribal councils. After gathering opinions from all sectors of society, the Council has determined that tribal councils are not the only method for consultation and consent. Based on the spirit of indigenous autonomy to “respect the autonomous decisions made by the tribes,” the tribes can now autonomously decide their consultation and consent mechanisms. Therefore, the Council has proposed an amended draft of the “Regulations for Consulting with Indigenous Peoples or Tribes to Obtain Their Consent and Participation,” anticipating that the tribes will independently establish a resolution mechanism.
The Council of Indigenous Peoples stated that the notice period is from April 2 to May 2, 2025. During this period, the administrative agencies of the indigenous peoples' areas are all invited to provide further opinions. This information has also been disclosed on the public policy online participation platform simultaneously. All sectors of society are encouraged to offer specific suggestions for amendments to make the regulations more comprehensive.