台灣的原住民族,居住在台灣已有五、六千年的歷史,過去數百、數千年來一直是過著狩獵(或捕魚)以及游、火耕等與土地資源利用高度相關聯的自給自足的生活。然而,這樣的生活方式,已在過去一百年來,因為外來統治者的強權佔領土地、支配、與同化融合政策而逐漸消失。過去四、五十年來,原住民狩獵活動被統治者嚴格限制與管制,違反法令者將遭刑事追訴或行政處罰。然而,這些法令仍然嚇阻不了那些視山林生活為其信仰的部落族人。2009 年兩人權公約內國法化後,人權公約已經成為憲法之下其他法律之上關於人權之最高法源依據,本文嘗試從兩人權公約的角度,探討原住民狩獵權的具體權利內涵,並試著從兩人權公約的標準檢視台灣關於原住民狩獵權的相關法制。本文發現,政府必須修改相關法令與規章,以符合兩人權公約之基本要求。
The indigenous peoples of Taiwan have been living in Taiwan for over five thousand years. For the past few millenniums, they have been making living by hunting, fishing, and cultivating, which associated highly with their land. However, for the past one hundred years, the traditional territories have been occupied by the outside rulers, and the indigenous peoples’ way of living have been strictly restrain by them so that the indigenous peoples can no longer go hunting as freely as they want. Since 1945, penalties have been laid upon those who disobeyed the hunting regulations. Nevertheless, these penalties do not scare away the tribal people who see hunting way of life as their belief. In 2009, Taiwan's Legislative Yuan passed "The Enforcement Act of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights." As the two human right covenants become effective laws in Taiwan, the Taiwanese government must comply with it. This paper tries to analyze the actual connotation of hunting rights within the two human right covenants, and to examine Taiwan's relative laws in accordance with these laws. Finally, this paper finds that the Taiwanese government needs to rectify relative laws and regulations to conform with the two human rights covenants.