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Indigenous Law Journal >
Fall 2005, Volume 4, No. 1 >

Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/17120

Title: Establishing Autonomous Regimes in the Republic of China: The Salience of International Law for Taiwan's Indigenous Peoples
Authors: Allen, Stephen
Issue Date: 1-Oct-2005
Publisher: Indigenous Law Journal
Abstract: Since the 17 century, Taiwan’s Indigenous peoples have been ravaged by a series of Asian colonizers and their ongoing oppression has largely conditioned their present status and treatment within the Republic of China. This paper focuses on the impact successive colonial strategies have had on the Indigenous territorial base and the capacity of Indigenous peoples to protect and promote their discrete cultural identities. However, despite the continuing effects of colonialism, the restrictions imposed by the “Taiwan Question” and the hostility of Asian states to the concept of Indigenousness, Taiwan’s Indigenous peoples have secured constitutional recognition and a Draft Indigenous Autonomy Law has been produced, which allows for the creation of Indigenous autonomous regimes. This paper seeks to critique the draft legislation in the light of existing and emerging international law, and to assess its viability as a mechanism for the delivery of effective Indigenous rights.
URI: http://hdl.handle.net/1807/17120
ISSN: 1703-4566
Rights: Indigenous Law Journal
Appears in Collections:Fall 2005, Volume 4, No. 1

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