¡@Laws and Agreements: Taiwan
4.Article13,19,20,21,22,23,24 Basic Law of Taiwan's Indigenous Peoples (English version not yet available)
Agreement between Taiwan and Panama
Approves Draft of Aboriginal Autonomy Law
2.) Mountain Slope Conservation & Utilization Law
Amended May 17, 2000
Section 37 Aborigines of reservation lands located within the mountain region should be taught to develop land and obtain cultivation rights, land surface rights, and lease rights. Individuals continuing to operate their cultivation and land surface rights for a period of five years are entitled to acquire gratis ownership of said land, except for land designated for special purposes. Land ownership transfer is limited to aborigines. Land development management procedure is as provided by the Executive Yuan.
1.) Aborigine Reservation Land Development Management Procedure
Executive Yuan March 26, 1990
Ordinance no. Tai-(79)-nei-tzu-ti-05901
Executive Yuan March 18, 1998
Amendment ordinance Tai-(87)-nei-tzu-ti-11303
Article I General Provisions
Section 1 Said procedure is promulgated pursuant to Section 37 of the Mountain Slope Conservation & Utilization Law and Section 17 paragraph 2 of the Agrarian Development Law.
Section 2 The term authorities concerned herein refers to: central authority, the Ministry of Interiors; provincial (municipality) authority, the provincial (municipality) government; county (city) authority, the local county (city) government. The Council of Agriculture of Executive Yuan and the central authority concerned will administer jointly all agrarian matters.
The executing authority of said procedure is the village (town/city/ district) administration office.
Section 3 The aborigine reservation land herein refers to the mountain land originally reserved by the aborigine administration office and reservation land legally delineated and annexed for aborigines to safeguard their livelihood.
Section 4 The aborigine herein refers to mountain aborigines and lowland aborigines. The status recognition of the aborigine stated in the foregoing paragraph is as determined by the Council of Indigenous Affairs, Executive Yuan.
Section 5 The general registration of aborigine reservation land is conducted by local registration authorities as per assignment of the provincial (municipality) Indigenous affairs department. Said land is under the ownership of the Republic of China and its administration authority is the provincial (municipality) Indigenous affairs department. Said land should be properly identified as aborigine reservation land in the "remarks" column of the land registration book.
The provincial (municipality) Indigenous affairs department together with the original land administration authority should assign the local registration office to transfer the administration authority for public land duly registered and delineated or annexed as aborigine reservation land to the provincial (municipality) Indigenous affairs department, as well as identify said land as aborigine reservation land under the same procedure as aforementioned.
Section 6 The village (town/city/district) administration office of the locality where reservation land is located should organize a reservation land rights evaluation committee to handle the following matters:
A. Investigation and mediation of aborigine reservation land right disputes;
B. Evaluation of aborigine reservation land allocation, repossession, deed title transfer, compensation-free usage, or public school utilization applications;
C. Negotiation of aborigine reservation land reallocation compensation;
D. Evaluation of aborigine reservation land lease applications.
The aforementioned reservation land rights evaluation committee should be composed of four-fifths aborigines. Organization guidelines are as determined by the provincial (municipality) authorities concerned.
The aborigine reservation land applications should be submitted to the Aborigine Reservation Land Rights Evaluation Committee for evaluation. Village (town/city/district) administration offices should submit applications to the committee for evaluation within one month after acceptance; and the committee should complete evaluation within a month and present an evaluation report. In case report is late, then the village (town/city/district) administration office concerned should submit application to the higher government authority concerned for approbation.
The village (town/city/district) administration office should submit the Aborigine Reservation Land Rights Evaluation Committee findings, other than those provided in clause 1 of paragraph 1, to the higher government authority concerned for approbation.
Article II Land Administration
Section 7 The provincial (municipality) government authority concerned together with the relevant authorities concerned should assist the aborigines in establishing the aborigine reservation land cultivation rights, land surface rights, as well as lease rights and ownership rights.
Section 8 The aborigine should request the services of the provincial (municipal) Indigenous affairs department in applying for the cultivation rights registration with the land administration authority for the following aborigine reservation land:
A. Land that the aborigine has opened and cultivated prior to the enactment of said procedure.
B. Land that the government zoning plan designated as pastoral land and breeding land, or the Urban Planning Act has designated as agricultural zone, conservation zone farm, and arid land.
Section 9 The aborigine should request the services of the provincial (municipality) Indigenous affairs department in applying for the land surface rights registration with the land administration authority for the following aborigine reservation land:
A. Land that the aborigine has leased for forestation and completed forestation work prior to the enactment of said procedure.
B. Aborigine has forestation skills and the government allocated a forestation land, designated by the zoning plan or urban planning program as the forest land of conservation zone.
Section 10 Size of cultivation rights or land surface rights grants for applications according to the preceding two provisions should be based on the number of aborigines in a household and should not exceed the following standards:
A. For land designated as pastoral land or breeding land in the zoning plan, land grant per person is 0.6 hectare for farmland or 1 hectare for other purposes; combination of farm and other purposes land, the average ratio of the two standard; for forest land, 1.5 hectare.
B. For land designated as agricultural zone, conservation zone farm, and arid land in the Urban Planning Act, land grant per person is 0.6 hectare for farmland or 1 hectare for arid land; combination of farm and arid land, the average ratio of the two standards; for conservation zone forest land, 1.5 hectare.
Land grant established on the foregoing provisions is not subject to change with household population increase or decrease. Maximum land grant area per household is 20 hectares; however, land terrain limitations will allow an additional area of 10% (maximum).
Section 11 The village (town/city/district) should recover, within the prescribed deadline, the land area exceeding the foregoing measurement standards in the aborigine reservation land cultivation right or land surface rights granted to aborigines. If land was used for farming, recovery should be effected after the harvest season and before the commencement of the next planting season.
Section 12 The aborigine should limit land surface rights establishment within the base of his/her existing house of residence in the reservation land; area of said land shall be based on the area of the building and its appertaining facilities.
In adaptation to living requirements, the aborigine should apply for a land surface right on reservation land needed for the legally permitted building construction.
Maximum area of the land stated in foregoing two paragraphs is 0.1 hectare per household.
The Council of Indigenous Affairs together with the provincial (municipality) aborigine affairs authority should register the land surface rights mentioned in paragraphs 1 and 2 with the local registry office concerned.
Section 13 An aborigine intending to engage in industrial/commercial business should submit a business plan to the village (town/city/district) administration office for the evaluation of the Aborigine Reservation land Evaluation Committee and approval of the municipality or county (city) government authorities concerned. Land lease should comply with the legal provisions concerning building construction on aborigine land; maximum lease period is nine years, upon its expiration, contract should be renewed for continued lease.
The aforementioned business plan should not obstruct environmental resource conservation, national land preservation, or cause pollution.
Section 14 Aborigine religious building or facility construction should have the approval of the religious authorities concerned. A construction plan should be submitted to the village (town/city/district) administration office for the evaluation of the Aborigine Reservation land Evaluation Committee and approval of the municipality or county (city) government authorities concerned. Upon approval, free usage of land is granted and said building/facility may be constructed on aborigine land in accordance with legal provisions. Maximum lease period is nine years, upon its expiration, contract should be renewed for continued lease. Land area used for said purpose should not exceed 0.3 hectares.
Section 15 Aborigine land grants for cultivation rights, land surface rights, lease rights, or gratis land use rights is non-transferable or non-leasable, except to Indigenous heir or chosen successor, another aborigine member of the original beneficiary household, or an aborigine within three-degree kinship.
Aborigines intending to expand business area or facilitate farming operations in the aforementioned aborigine reservation land should apply for land usage conversion with the municipality or county (city) authorities concerned. Right amendment registration follows approval.
Section 16 An aborigine violating the provisions in paragraph 1 of the preceding section is subject to land repossession by village (town/city/district) administration office and the following penalties:
A. Court petition for the cancellation of cultivation right or land surface right registration; or
B. Termination of lease or gratis usage grant
Section 17 Cultivation or land surface rights obtained through said procedure inherited and personally operation or employed for private use for a period of five years after registration, and condition has been verified factual, may be converted to land ownership registration upon the personal application of the cultivation or land surface rights holder with the presence of the authorized clerk of provincial (municipality) government Indigenous affairs department. Application should be filed at the local land registry office.
Purpose and usage of said land has been converted pursuant to the urban planning or non urban land zoning conversion plan prior to the land ownership transfer application shall not affect the cultivation or land surface rights holder's entitlement for land ownership transfer.
Section 18 Upon acquiring ownership of a reservation land, said ownership may only be transferred to another aborigine, except for land legally defined for a particular purpose.
The aforementioned legally defined purpose refers to the land the government requires pursuant to national economic policies or public enterprise endeavors.
Section 19 In the event of the demise of the cultivation, land surface, lease or gratis usage rights holder, and upon the absence of an heir, or inability to personally cultivate, relocation or career transfer of the heir making him/her incapable of inheriting, then upon the resolution of the Aborigine Reservation Land Rights Evaluation Committee, the village (town/city/district) administration office execute repossession proceedings.
A court appeal should be filed for the cancellation of the aforementioned cultivation or land surface right registration. However, if right has expired, then the municipality or county (city) government authority concerned is authorized to cancel said right registration.
Section 20 A repossessed aborigine reservation land should be reallocated to another local aborigine within thirty days after the official announcement of the village (town/city/district) administration office under the following order of priority:
A. An aborigine whose land allocation area is insufficient and has traditional relation with the particular land concerned.
B. Individuals who have not received any land allocation.
C. Individuals allocated with smaller land allocation.
Aborigines who transferred or subleased aborigine reservation land illegally are not eligible for allocation application.
The village (town/city/district) administration office should require the owner of the improvements on the repossessed aborigine reservation land, as stated in paragraph 1, to harvest or remove said improvements within a given deadline; failure to harvest or remove improvements after said deadline shall place said matters under the discretion of the village (town/city/district) administration office.
Should the aforementioned improvement be legitimate crop or building, then upon the valuation of the village (town/city/district) administration office, the new land grant holder should compensate the previous holder for said improvements and assume ownership.
Article III Land Development, Usage and Conservation
Section 21 The Council of Indigenous Affairs, provincial (municipal) Indigenous affairs department, or county (city) government should plan the development, usage, and conservation of the aborigine reservation land located within its area of jurisdiction, based on development conditions and land usage characteristics.
The aforementioned development, usage, and conservation plans should be implemented under a cooperative, common, or assigned arrangement.
Section 22 Government authorities concerned should implement aborigine reservation land rezoning or community redintegration as provided by law.
Section 23 In the event that special government purposes shall require the use of public aborigine reservation land, the authorities concerned (which requires the use of land) should prepare a land use plan and submit plan for the evaluation and opinion of the Aborigine Reservation Land Rights Evaluation Committee and approval of the higher authorities concerned. Legitimate usage, lease, or acquisition should follow. However public production land usage is limited to the village (town/city/district) administration office requirements; land for agricultural experimental practice is limited to agricultural labs or schools.
Section 24 Aborigine development or construction endeavors should be provided priority assistance to foster aborigine reservation land mining, sand & gravel, tourism & amusement, as well as industrial resource or social welfare institution establishment, providing said pursuits should not obstruct national land preservation, environmental resource conservation, aborigine livelihood, and aborigine administration matters.
Aborigine reservation land lease applications pursuant to the above development and construction should be accompanied by a development or construction plan, submitted to the respective village (town/city/ district) administration office for the evaluation of the Aborigine Reservation Land Rights Evaluation Committee and approval for the provincial (municipal) authorities concerned. Then upon the approval of the industry authorities concerned and issuance of the relevant development or construction documents, lease right is granted to aborigine applicant. Maximum lease period is nine years; lease may be renewed upon expiration according to the original regulations and procedure.
The aforementioned development of construction plan should include the following documents:
A. Progressive annual development or construction plan.
B. Land use application layout; should be expressed in a 1/5000 scale relief map and cadaster.
C. Land registration title.
D. Aborigine employment or retraining guidance plan.
A thirty-day announcement period from the village (town/city/district) administration office is required in the case of lease applications from state and private enterprises or enterprises without aborigine status (hereafter referred as non-aborigine) for development and construction. Upon the absence of an aborigine contender application during said period, the provisions in paragraph 2 apply.
The provincial (municipal) authorities concerned should formulate guidance measures providing the aborigine employment and retraining plans as provided in paragraph 3 of item 4.
Section 25 Lease renewal applied pursuant to the foregoing provision should be made with the original development or construction approving authorities and according to the development or construction application procedures. In the event the supporting documents for the renewal is the same as those submitted during the initial application should be attached to the application, then reference to the initial application documents should be stated on the application thus making it unnecessary to attach related documents. Application is exempted from the paragraph 4 requirement of the preceding provision.
Section 26 In the case of a land ownership right granted to an aborigine based on a development or construction application filed pursuant to Section 24, negotiated price should be submitted to the provincial (municipal) authorities for consent and investment participation. Investment rights transfers are limited to aborigines only.
A compensation price negotiation should be conducted with aborigines possessing cultivation rights, land surface rights, or lease rights; upon compensation payment, the land management authority should notify the local land registry office for the cancellation of said cultivation right or land surface right registration.
Section 27 Under one of the following circumstances, aborigine reservation land lease granted pursuant to the provisions stated in Sections 23 to 25 should be revoked and land repossessed; no compensation should be paid to facility investments made:
A. Development or construction is not consistent with the development or construction plan and no plan amendment approval or development/ construction deadline extension has been processed.
B. User violated plan.
C. Subletting or surrendering right to another
D. Other conditions for lease termination provided in the lease agreement.
Section 28 A non-aborigine already leasing aborigine reservation land and continuing to engage in cultivation or to use said property prior to the enactment of said procedure could continue with said lease.
Lease renewal of land leased for cultivation, forestation but later converted for building land through a new urban plan, revised urban plan or non-urban land usage conversion, shall be limited to 0.03 hectares per household.
A non-aborigine whose domicile is within a mountain village (town/ city/district) should legally lease, for his/her housing base, aborigine reservation land for building purposes. Area of land should not exceed 0.03 hectares.
Section 29 The foregoing leased aborigine reservation land could not be sublet or transferred to another person.
Violation of the foregoing provisions shall result in lease revocation and land repossession.
Section 30 Rental of aborigine reservation land is paid to the municipality or village (town/city/ district) treasury authority; and said funds are used for the management and economic development of the aborigine reservation land. Rental management and utilization plan is prepared by the provincial (municipal) authorities concerned.
Article IV Forest Produce Management
Section 31 Unless otherwise provided in said procedure, the natural forest produce matters of aborigine reservation land are determined by the forest produce settlement regulations.
Section 32 In an effort to foster aborigine reservation land development or business development budget preparation, aborigine reservation land logging plan proposals should be prepared by the village (town/city/district) and submitted the central forestry authorities for approval. Public bidding through the municipality or county (city) authorities concerned follows approbation.
Section 33 The foregoing logging plan should ensure continued productivity and should not obstruct national land preservation as a rule, as well as be consistent with the aborigine administration policies and land utilization plan.
Section 34 Under one of the following circumstances, application for aborigine reservation land nature forest produce acquisition may be submitted to the village (town/city/district) administration office for the approval of the municipality or county (city) authorities concerned:
A. Construction materials required for the urgent rescue/restoration of disaster situation or reconstruction of mountain public facility.
B. Gratis acquisition of byproducts or other materials for personal use within the area designated by the municipality or county (city) government granted to aborigines.
C. Bamboo materials needed for the fungus cultivation or handicraft production of aborigines.
D. Removal of wood obstructing forestation, land clearing, or operations at the average of 30 cubic meters per hectare of lumber or less.
Section 35 Loggers violating the foregoing provisions are subject to legal prosecution and confiscation of illegal lumber or logs; if confiscation is impossible then violators are liable to compensation.
Section 36 Cutting inspection documents for bamboo and wood inside the aborigine reservation land forestation area should comply with the forest product logging/acquisition inspection regulations.
Section 37 Bamboo and trees the village (town/city/district) administration office planted in the aborigine reservation land belong to the ownership of the village (town/city/district) administration office.
Section 38 Under one the following circumstances, the respective government authorities concerned should restrict logging operations for ecological resource preservation and national land preservation purposes:
A. Sloping land or thin soil stratum where reforestation is difficult.
B. Logging could result in soil erosion or affect public welfare.
C. Site inspection revealed need for enhanced conservation efforts.
D. Site is located in a catchment area, river source belt, coastal wash terrain, coastal windbreaker terrain, or sand dune region.
E. trees used as stool or culture plant
F. trees under logging ban due to ecology, scenery, national monument, or relic preservation or other prohibition reasons.
Section 39 Aborigines should be employed for the labor, except for technical manpower, needed in aborigine reservation land or public forest logging operations.
Section 40 The provincial (municipal) and county (city) government authorities should meet with the authorities concerned for aborigine reservation land forestation for forestation guidance and incentive policy promulgation, however said guidance and incentive policymaking is under the jurisdiction of the provincial (municipal) authorities concerned.
Article V Addenda
Section 41 In the event aborigine reservation land and land improvements which aborigine may rightfully use is placed under use or logging (on reservation land) restriction due to government public construction requirements, then damages said aborigine incurred are due for compensation.
Section 42 An aborigine legally acquiring ownership of aborigine reservation land may apply for a mortgage loan in said land.
Section 43 Said procedure takes effect on date of enactment.