| Summary: | 碩士 === 國立高雄大學 === 政治法律學系碩士班 === 107 === This study focuses on indigenous people's rights to free, prior and informed consent (FPIC) in Taiwan. Although Taiwan enacted The Indigenous Peoples Basic Law in 2005, the practice of FPIC is still rare. This study points out the problems in The Indigenous Peoples Basic Law. Also, the connection between realizing substantive rights and procedural rights; that is, the connection between realizing indigenous rights to land (and resources) and the rights to FPIC. This study tries to provide some suggestions for resolving the disputes between conflicting parties, especially in large-scale mining projects that may adversely affect indigenous communities. By referring to Canadian and New Zealand regulations, this study suggests that Impact Benefit Agreement (IBA) or Alternative Dispute Resolution (ADR) used in Canada may be a way of involving conflicting parties and reaching consensus. This study concludes that legislators still need to take legislative action to incorporate FPIC into Mining Act and to incorporate ADR as a remedy to make the rights of informed consent in mining projects clear and practical.
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