- Awi Mona（蔡志偉）. 2007. “International Perspective on the Constitutionality of Indigenous Peoples’ Rights.” Taiwan International Studies Quarterly, Vol. 3, No. 2, pp. 85-139. Taipei, Taiwan: Taiwan International Studies Association.
The Taiwan Government proposed a new partnership with indigenous peoples in 2002 and further in 2004 announced that it would structure its relations with indigenous peoples on a “Nation-to-Nation (guo yu guo)” basis. This paper analyzes the effect of current legal framework and the constitutional reform on the existence and legal status of indigenous peoples in Taiwan. The paper first briefly presents a history of the status of indigenous peoples and a discussion of the interrelationship between indigenous peoples and different external forces. Next, the paper provides a summary of the international indigenous movements and its influences on Taiwanese indigenous groups. Finally, the paper urges that Taiwan government to uphold the UN Draft Declaration on the Rights of Indigenous Peoples by demonstrating a “constitutionalizing” of indigenous rights or an “indigenizing” of dimension of juridical-political framework. This paper aims to draw more attention to Taiwan’s indigenous peoples’ rights and seeks to empower the constructive formation of democratic institutions for Taiwanese indigenous tribes. It will, in addition, promote the interdisciplinary study of indigenous law for Taiwan as well as help enlarge the research field of legal studies in Taiwan. Most important all, it will tell us that a new paradigm in the Taiwan legal system is needed for indigenous peoples.