The law relating to hunting and gathering rights in the traditional territories of Taiwan's indigenous peoples. Issue 2 (3rd July 2017)

• Record Type: Journal Article
• Authors: C Charlton, Guy; Gao, Xiang; Kuan, Da-Wei
• Is Part Of: Asia Pacific law review. Volume 25:Issue 2(2017)
• Page Start: 125
• Page End: 148
• Publication Date: 2017-07-03
• Subjects: Taiwan -- Indigenous Taiwanese -- indigenous rights -- indigenous hunting and gathering -- international norm -- Declaration on the Rights of Indigenous Peoples; Law -- Asia -- Periodicals; Law -- Oceania -- Periodicals; Law; Asia; Oceania; Recht; Periodicals; Electronic journals; 349.5
• DOI: 10.1080/10192557.2017.1403792
• Languages: English
• ISSNs: 1019-2557

Abstract

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.