| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 92 === Abstract
There are about 5000 indigenous races with a total population of over 300 millions around the world, they are distributed all over the world, indigenous people are the descendents of the original residents of many lands, their religion, language and custom are filled with original flavor. But colonism or foreign races invade and deprive of their space and all kinds of rights, their living are strongly disturbed, 「they are driven out and discriminated from the lands that originally belong to them」, they are one of the most negligent race in the world in terms of the global view based on democracy and freedom from the western countries .
The indigenous people in Taiwan belong to southern island language system, they have a fundamental difference with Han race in terms of history, language, culture. In the past history, Taiwan indigenous people live in this island with very few disturbance from foreign invaders. Until recently, the development of naval navigation technology from Europe plus the Newland discovered by Columbus have resulted in the expansion of colony land from countries of super forces in Europe, Taiwan indigenous people is thus unavoidably got involved in this world stream until today. The scope of indigenous people related problems is so broad, you can study from land issue to self-determining issue, one of the most eye-catching issue is regarding to their rights. Maybe their rights are so neglected all over the world, it is thus very easy to catch the key points in this issue if you try to study it . Indigenous people has very different definitions from country to country, United Nations hesitates to make a definition because it might hurt the rights of other weak races once one definition is made. This study collects some representative foreign country indigenous people policies to be used as our country’s reference, focus will be laid on “Race laws ” from Mainland China, its contents will be investigated one by one in this study.
This article try to look at how Taiwan’s indigenous people are treated in the mainstream society to see if it is comparable to that of other countries based on the indigenous people policies from countries all over the world. We also try to look at United Nations’ indigenous people policies through international law’s point of view, such as: ” World human rights statement” passed in 1948,” Indigenous people and tribes ethnic treaty” passed in 1989, etc., we try to have an overview on all he indigenous people around the world. We will finally introduce indigenous people in Taiwan. The original Constitution in our country is based on the land and territory in Mainland China, there are five main races in the same family, it doesn’t include indigenous people in Taiwan. Some people in Taiwan see the multiple races appeared in Taiwan, they therefore add some related regulations in the amended Constitution, among them, section 12 of article 10 says ：”Our country should protect the social status and political participation rights of indigenous people in compliance with ethnic willing, it should also protect and promotes its development in terms of their rights regarding to education and culture, traffic and water resources, health and medical care, economy and land, and social welfare. “ Our government thus made recently「Indigenous people independent area regulations」and 「Indigenous people development regulations」（in examination process）, it will be studied in another section independently, we hope that this study can draw more government’s attention on indigenous people policies such that real “Taiwanese” can be melted into the multi-element culture of Taiwan.
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