PDF(2.7mb) - 國家政策研究基金會

Policy for Indigenous Peoples in Transition 111
ture.
IV. Better Administration and Autonomy
for Indigenous Peoples
The Council of Indigenous Peoples is a Cabinet
agency. Its policy decisions are subject to Cabinet approval.
On the other hand, it exercises no direct control
over city and county bureaus of indigenous peoples.
As a consequence, it does not have enough power to
effectively improve the administration of indigenous
affairs across the country. Recommendations have been
offered to make it an independent government agency
like the U.S. Bureau of Indian Affairs. It alone will
have a final say in the conduct of indigenous affairs.
With that high authority and a larger independent budget,
it will be able to properly promote the wellbeing of
all indigenous peoples.
As to the issue of autonomy for the indigenous
peoples, the “Basic Law of Indigenous Peoples” was
passed by the Legislative Yuan on January 14, 2005 and
promulgated on February 5, 2005. The regulations regarding
autonomy are specified in Articles 4, 5 and 6.
Article 4 reads in part: “the government shall protect an
equal status and autonomous development for the indigenous
peoples and implement indigenous autonomy
based on the indigenous peoples’ willingness. The related
matters shall be specified by laws.” It is stipulated
in Article 5 that “the nation shall provide sufficient resources
and list generous budget to assist in the indigenous
autonomy and development. Local system laws,
financial revenues and expenditures dividing act and
other county (city) laws and regulations shall be applied
to the autonomous authorization and financial affairs
within the autonomous communities unless otherwise
specified in this Law and the laws or acts concerning
autonomy.” Article 6 specifies that “any disputes arising
from the autonomous authorization between the
government and indigenous peoples shall be arbitrated
through the negotiation meeting convened by the Office
of the President.”
Furthermore, the “United Nations Declaration on
the Rights of Indigenous Peoples” was passed on September
13, 2007. Article 3 in the Declaration says: “Indigenous
peoples have the right to self-determination.
By virtue of that right they freely determine their political
status and freely pursue their economic, social
and cultural development.” Article 4 reads: “Indigenous
peoples, in exercising their right to self-determination,
have the right to autonomy or self-government in matters
relating to their internal and local affairs, as well as
ways and means for financing their autonomous functions.”
The declaration explicitly states and protects
the indigenous peoples’ right to autonomy and
self-determination.
President Ma promised the “trial founding of an
indigenous autonomous community” in the run-up to
the 2008 election. He believes an indigenous autonomy
act and an administrative district act must be drafted in
line with the Basic Law of Indigenous Peoples as soon
as possible to help them realize their desire for
self-determination. When these laws and related
by-laws are adopted, the government should set up autonomous
districts on a trial basis in politically mature
areas in Taiwan. These districts would be given power
to make personnel appointments and to administer their
finance. They may form a parliament where all matters
concerning indigenous autonomy will be discussed and
decided on. More autonomous districts will be created
after the success of the trial. In the end, these districts
will be combined to make an autonomous community.
V. Conclusion
Indigenous peoples in the fourth world are calling
for self-determination. This is the common and powerful
clarion call for autonomy the indigenous peoples the
world over. The Kuomintang came back to power in
2008, ready to implement a new policy for the benefit
of Taiwan’s indigenous peoples. Meanwhile, their appeals
for autonomy and better social and economic
development are heeded by the Kuomintang administration.
I believe the days are not too far off for
the indigenous peoples to achieve their goal of
self-determination.