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The Executive Yuan Approved the Draft on “Management and Utilization of Indigenous Reserved Lands”, Responding to Indigenous Peoples' Claims of Land Rights and Legislating to Protect the Land Rights

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  • Online Date:2022/04/28
  • Modification Time:2022/10/05 15:14:23
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On March 17, 2022, the Executive Yuan discussed and approved the draft on "Regulations on Management and Utilization of the Indigenous Reserved Lands.” It will be submitted to the Legislative Yuan for deliberation to bring the current “Regulations on Development Management of Indigenous Reserved Lands” to the legal level, which will make the legal and management system of the indigenous reserves more complete and protect the land rights and interests of indigenous peoples.

In accordance with Article 20 of the Basic Law of Indigenous Peoples, the restoration, acquisition, management, and utilization of indigenous land shall be stipulated separately by law. Since the regulation of indigenous reserves in the past was limited to the “Regulations on Development Management of Indigenous Reserved Lands”, which was not enough to protect the land rights of indigenous peoples, this legislation raised it to a legal level to respond to the indigenous society, protecting their land rights through legislation. The "Regulations on Management and Utilization of the Indigenous Reserved Lands” has 35 articles, which includes improving the original reserved land management system, restoring tribal lands, protecting the rights and interests of reserved lands, introducing legal sources for tribal public use, solving the shortage of construction sites, coordinating land use revenue, etc.

The Council of Indigenous Peoples (CIP) actively promotes the legalization of indigenous land rights with a pragmatic policy mindset. After adopting the diversion legislation in 2018, it completed Article 37 of the Regulations on Conservation and Utilization of Hillside Lands and amended the Regulations on the Prohibition and Compensation of Indigenous Reserved Lands Logging. The amendments have made concrete progress. The draft "Regulations on Management and Utilization of the Indigenous Reserved Lands" is currently being promoted. After the legislation pass, it will effectively achieve the goal set by Article 20 of the Indigenous Peoples Basic Law. In the future, CIP will actively coordinate and communicate with the Legislative Yuan, hoping to complete legislation as soon as possible and to carry out President Tsai Ing-wen's transitional justice for indigenous peoples.