台灣的原住民族權利與司馬庫斯案件

Abstract

This thesis analyses the current development of indigenous rights in Taiwan based on a study of the Atayal community of Smangus in Hsinchu County. The research focuses on a\ncase study of the Smangus Beech Tree Incident, a legal case related to the use of wood from a wind-fallen tree. The case began in 2005, the same year that Taiwan passed the\nIndigenous Peoples` Basic Law. The events are also placed in the broader context of the modern indigenous rights movement which had its beginnings in Taiwan in the early\n1980s and the more than century long history of conflict between the Atayal and the state. Smangus has developed a unique community with a cooperative system of management\nthat draws from both the Atayal tradition and ideas from the modern world. Ecotourism is the main economic foundation for the community. The development of Smangus and their assertion of their rights in the Smangus case provides an example of how indigenous peoples can regain greater control over the lands which they consider to be their traditional territory. The thesis then looks at co-management of Aboriginal-owned national parks in Australia. The final chapter considers how the co-management model could be adapted in Taiwan and gives recommendations for policy makers.