Mon, Aug 17, 2015 page3

• Aboriginal group protests driftwood collection rules

  RIGHTS IGNORED? The organization said a Forest Act bylaw on driftwood auctions ignores the rights accorded to Aborigines in indigenous peoples’ law

  • By Chen Wei-han / Staff reporter
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  An Aboriginal group is calling for legal reforms to allow Aborigines to gather and use driftwoods in the aftermath of Typhoon Soudelor, which swept a large amount of wood into rivers and the sea.

  The Taiwan Indigenous Community Territory Union said that timber washed down from areas where Aboriginal communities reside should be considered the property of those communities’ residents, so the government should not claim ownership and auction off such driftwood.

  A 2010 bylaw of the Forestry Act (森林法) states that a local government may auction driftwood gathered within its jurisdiction, and the profits should be split between the local government and the central government.

  Collection of wood by the public might be permitted only after such an announcement, the bylaw says.

  The union’s standing director, Raranges Hoki Na Tungaw, said the bylaw is equal to a spoils system that distributes the proceeds of gathered driftwood equally between the central and local governments, but it fails to mention Aborigines and their rights.

  The Indigenous Peoples Basic Act (原住民基本法) stipulates that the central government, in recognition of the Aborigines’ right to land and natural resources, can only utilize resources within areas reserved for Aborigines with their consent, and should involve Aborigines in any such activities and share any profits with them, he said.

  He questioned whether the government has ever done so and whether any Aborigine has recovered wood found floating off of traditional Aboriginal communities.

  The government has ignored the rights of the Aborigines and has breached the spirit of the Indigenous Peoples Basic Act, he said.

  “What we see in driftwood is its possible use, not how much it is worth. Do not spoil Taiwanese Aborigines with the Republic of China’s way of thinking,” union director Kavas said.

  Lawya, an Aboriginal driftwood artist, said: “We have lived in Taiwan for a very long time and gathering driftwood is as normal as having a meal for Aborigines. Why do I have to go to the police station to collect driftwood?”

  However, the Taitung Forest District Office said the issue concerns national laws and requires communication with the central government.

  During those times that the public is allowed to freely collect driftwood, they should only pick logs with little market value, as by law they are required to return grade-one timber to the government, the union said.

  The bylaw and the bureau show no regard for the Indigenous Peoples Basic Act and the Council of Indigenous Peoples has either not fought for Aborigines’ right to collect driftwood or fought to no avail, the union said.

  The rules regarding driftwood management should be revised to allow autonomy to Aborigines on such issues, it said.

  It called for the government to observe the Indigenous Peoples Basic Act and the UN Declaration on the Rights of Indigenous Peoples and to stop depriving Aborigines of their resources.
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