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Laws and Regulations

The Indigenous Peoples Basic Law

  • 更新時間:2020/04/21 10:48:23

2015.06.24

1.Promulgated on February 05, 2005

2.Amended on February 04, 2015

3.Amended on june 24, 2015

Paragraph 1 of Article 21: When governments or private parties engage in land development, resource utilization, ecology conservation and academic research 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, and share benefits with indigenous people.

Paragraph 2 of Article 21: In the event that the governments, laws or regulations impose restrictions on indigenous peoples’ utilization of the land in preceding paragraph and natural resources, the government shall consult with indigenous peoples, tribes or indigenous people and obtain their consent; the competent authority shall allocate ample funding in their budget to compensate their damage by restrictions.

Paragraph 3 of Article 21:A fixed proportion of revenues generated in accordance with the preceding two paragraphs shall be allocated to the indigenous peoples’ development fund to serve as returns or compensations.

Paragraph 4 of Article 21: 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, procedures to consult, to obtain consent by indigenous peoples or tribes and to participate and compensation to their damage by restrictions in preceding three paragraph.

Paragraph 1 of Article 24:The government shall formulate public health and medical policies for indigenous peoples in accordance with the characteristics of indigenous peoples, incorporate indigenous peoples’ regions into the national medical network, implement indigenous peoples’ health care, establish comprehensive and long-term health care, emergency care and evacuation system, and protect indigenous peoples’ health and physical safety.

Paragraph 2 of Article 24:The government shall respect the traditional medicine and health methods of indigenous peoples and undertake researches and promotions.

Paragraph 3 of Article 24: The government shall allocate ample funding in their budget to subsidize indigenous people who need medical care, emergency care and evacuation to the nearest hospital or social welfare institutions; the regulations for subsidy the traffic-cost for long-term health care, medical care or social welfare resource utilization shall be stipulated by the central competent authority.

Paragraph 1 of Article 34:The relevant authority shall amend, make or repeal relevant regulations in accordance with the principles of this law within three years from its effectiveness.

Paragraph 2 of Article 34: The central indigenous competent authority shall interpret and implement the relevant laws and regulations, which do not be amend, made or repealed in the preceding paragraph with the competent authority by the principle of this law.