Aboriginal rights and the UN
Last Thursday, the UN General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples by a vote of 143-4. It was co-sponsored by several countries, including Taiwan's allies the Dominican Republic, Guatemala, Honduras, Nicaragua and Panama. This declaration affirms the concept of self-determination for indigenous peoples in international law and sets high standards for their human rights.
The adoption of the declaration provides a golden opportunity for Taiwan to assert its sovereignty in the international arena. Taiwan has already made significant progress in indigenous rights through the passage of the 2005 Indigenous Peoples Basic Law (原住民基本法). If fully implemented, Taiwan will better protect indigenous rights than Australia, Canada, New Zealand and the US.
Although the Indigenous Peoples Basic Law stipulates that all related laws and regulations must be revised within three years -- that is, by February -- many have neither been implemented nor enforced. Now is the time to do so.
Taiwan now has the opportunity to make a substantive declaration of sovereignty by communicating to the UN through official channels its intention to implement the UN Declaration on the Rights of Indigenous Peoples. This is because only a state can effectively recognize the self-determination of indigenous peoples within its territories.
Effective governance on indigenous rights will necessitate extending the three-year deadline for revisions relating to the Indigenous Peoples Basic Law and subsequent full implementation of the law.
For example, mining companies will have to seek the prior consent of affected communities before beginning new projects.
Taiwan can also seek out cooperation on indigenous rights with allied co-sponsors of the declaration with significant indigenous populations, such as Nicaragua.
Taiwan can point out that China does not recognize the existence of indigenous peoples within its borders, referring to them instead as "ethnic minorities." In its usual hegemonic style, China even includes Taiwan's indigenous peoples in this category as Taiwanese "mountain tribes" (
This designation by the Chinese government puts all of these peoples outside the scope of the declaration, depriving them of certain rights related to self-determination, land, resource use and prior consent.
Implementation of the Indigenous Peoples Basic Law, which includes all of these rights, will demonstrate that indigenous peoples are better off in a sovereign Republic of China than in communist China.
A strong, public commitment to indigenous rights demonstrates clearly that Taiwan is a sovereign, independent state. It will reinforce the reputation of Taiwan as a model of democracy and human rights. It will help Taiwan gain international support, contributing to its efforts to enter the UN and other international organizations.
Scott Simon
University of Ottawa
Canada
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