“Measures for the Allocation of Indigenous Peoples’ Land or Tribal Land” was enacted in accordance with the authorization stipulated in Article 21 of the Indigenous Peoples Basic Law amended by the Legislative Yuan on 24 June 2015. The clause states that “When governments or private parties engage in land development... in indigenous land, tribe and their ‘adjoin-land’ which owned by governments, they shall consult and obtain consent by indigenous peoples or tribes, even their participation The central indigenous competent authority shall stipulate the regulations for delimiting the area of indigenous land, tribe and their ‘adjoin-land’ which owned by governments... in preceding three paragraph.”
According to Article 10 of the Measures, the Thao People submitted the results of the allocation to the tribal conference for approval, and reported to the Council for follow-up consultation on January 3, 2018 by the Nantou County Government. On February 6, 2018, the Council invited relevant public property units (including the Nantou County Government) to a deliberative group meeting. In view of the case, the county magistrate of Nantou said that he had not consulted the county government. His speech was totally confusing and inconsistent with the facts. For the fact that the magistrate of Nantou County was not involved in the whole process of the county government and his unilateral declaration of the invalidity of land in the traditional area of Thao People, the Council felt deeply sorry. The Thao People are also the residents of Nantou County. The County magistrate’s improper speech might lead to the confrontation between both sides, thus losing the height and manner of the local officials.
The Council reiterated that the relevant traditional territorial allocation procedures were well-founded in law, and there were also legal procedures for scope of the change. The Nantou County Government should make every effort to assist in policy formulation to promote ethnic harmony in the county, rather than create antagonism.