原住民保留地開發管理議題之探討—以賽德克族靜觀部落為例

政府為保障原住民生計，推行原住民行政，依法劃設原住民保留地供原住民使用，以落實憲法照顧少數民族之政策。原住民保留地為原住民族生存之重要根基，更是原住民族命脈延續及文化傳承之基石，在多元族群及多元文化的台灣，原住民保留地是一項歷史悠久的政策，從早年統治者為了避免族群衝突所劃設的土牛界，到現在以保障原住民生計為名所編列的保留地，此一政策歷經許多沿革，至今仍為我國國土政策中極為重要的一部分。原住民保留地對原住民而言，有其特殊之歷史背景及其意涵，台灣原住民保留地在歷經荷西、清朝、日人據台、台灣光復以後等不同時期之統治，對原住民也都產生重大深遠的影響，對於原住民保留地政策之探討，前人研究從歷史、法律、經濟、環保、國土規劃、原住民人權保障等角度，已經累積相當的成果，惟原住民保留地制度實施至今，已將近二十餘年，法令上仍有諸多未臻完備及爭議之處，致造成原住民多次訴求還我土地運動及平權會抗爭等事件仍不斷發生。爰此，筆者從現行原住民保留地制度下，針對南投縣仁愛鄉賽德克族靜觀部落為例原住民使用之原住民保留地究竟產生何種困境及問題深入分析探討，發現原住民保留地仍有超限利用及違規使用、土地面積分配不均、非法轉租轉讓造成保留地嚴重流失等問題，及原住民無法靠保留地維持基本生計等困境，與政府劃設原住民保留地保障原住民生計之意旨似有非常大之差距。根據本研究結果發現，原住民保留地開發使用問題在於現行法令對於原住民保留地的開發限制，以至於多數土地規劃為林業用地，且有諸多使用上的限制，導致因土地國有化或水土保持等因素，使原住民無法充分使用土地以維持生計，並衝擊到新生代。

關鍵字

原住民；原住民保留地；賽德克族靜觀部落

並列摘要

The land reservation for Taiwan’s indigenous people is designated by the government, in accordance with the constitution that asks to care for the minority ethnic groups, to promote the self-administration and to protect the livelihood of the aboriginals. These reservations also act as the base for which the indigenous culture can be rooted in and continuing to thrive. From the founding of Tu Niu Chieh (a physical structure that draws the boundaries between where the aboriginals and the people of Han ethnic origin should live) in Chin Dynasty to avoid ethnic conflicts, to the establishment of indigenous reservations nowadays in protecting the livelihood of the aboriginals, the indigenous reservation policy has evolved through various phases in the ethnically & culturally-diverse Taiwan. Even until now the indigenous reservation is still an important part in Taiwan’s national land policy. The indigenous reservation has its unique historical value to the indigenous people. It has great influence to the aboriginals ever since the Dutch/Spanish rule, the Chin Dynasty’s period, the Japanese occupation era and then Taiwan’s Retrocession. There have been many research results and findings on the indigenous reservation policy over the times from historical, legal, economics, environmental, nation’s land planning and aboriginal human right perspectives. But after two decades since the reservation policy came into act, the policy itself is still not perfect, and has many controversies which led to the protests by the Pingquanhui (short for Alliance of Taiwan Associations for the Promotion of Rights of Plains People Living in Mountain Districts). The aboriginals also ask to reclaim land which they argue were stolen illegally from them. This research looks into the issues with the current indigenous reservation policy by studying how policy is implemented in the Sedikezu Jingguan tribe Ren'ai Township of Nantou County as study case. The research found that the reservations in these townships not only are being illegally used against its original purpose and have been over-developed; the unevenly distribution of land, and the illegal sublease of reservation area in causing land conservation issues, all of which has made the aboriginals unable to sustain life by utilizing the indigenous reservation. The current status as found has already drifted away from the government’s intended propose in designating reservation to protect the livelihood of the aboriginals. Moreover, the functions of the indigenous land review council were been impaired as the council members were nominated & appointed by the township office, thus township mayor can take control over the council in appointing council members at his/her preference also to return political favors. According to the results of this study, the problem of the development and be used of the aboriginal reserve was that the current law restricts the development of the aboriginal reserve, so that most of the land be planned for forestry land, and there were many restrictions on use, resulting in land nationalization or soil and water conservation. Such factors have made it impossible for Aboriginal people to fully use the land to support their livelihoods and to impact the new generation.