The law relating to hunting and gathering rights in the traditional territories of Taiwan’s indigenous peoples

Abstract

This paper describes and analyses the sources and content of Taiwanese and international law relating to indigenous hunting and gathering practices. The recognition of practices and the traditional territories in which these activities carried out is considered by indigenous groups to be a core aspect of their self-determination claims. It argues that while current law gives significant recognition to hunting and gathering rights, the rights have been inadequately implemented, and are inappropriately circumscribed by majoritarian notions of ‘traditional’ and indigenous culture. The result is that historic indigenous uses of land have been narrowly circumscribed using an unjustified notion of a static traditional culture and activities. It further argues that the failure to adequately delineate the extent of traditional territory and allow for co-management of the hunting and gathering practices within the territory intrude upon indigenous self-determination as guaranteed by international instruments and national law.