台灣原住民族自治制度的立法議程與規劃之研究

台灣原住民族追求自治的權利已經有很長的一段時間，而原住民族自治也已成為世界各地原住民族政策重要之一環，聯合國大會並於西元2007年9月13日通過的〈聯合國原住民族權利宣言〉，該宣言在第3條及第4條分別揭示「原住民族享有自決權，依此權利原住民族可自由決定其政治地位，並自由追求其經濟、社會及文化的發展。」中華民國〈憲法增修條文〉亦強調應依民族意願，保障原住民族之地位及政治參與，〈原住民族基本法〉亦進一步保障原住民族自治的權利。本文探討台灣原住民族自治制度的倡議與立法議程，焦點在於行政院〈原住民族自治法草案〉的立法推動情形，分析其中不同的立場與主張以及提出未來的展望。

關鍵字

原住民；原住民自治區；原住民族自治法

並列摘要

Indigenous Peoples in Taiwan has seek for rights of self-governing for a long time, since aborigine's self-governing has become an important policy of Indigenous Peoples everywhere in the world. The United Nations General Assembly had approved United Nations Declaration on the Rights of Indigenous Peoples in Sept. 13, 2007. The declaration had mentioned ”Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions” in the article 3 and article 4 of the declaration. The Amendment of the Constitution in Taiwan emphasized on the government shall protect the status and suffrage of Indigenous Peoples. The Indigenous Peoples Basic Law also protects Indigenous Peoples' rights of self-governing. This article simply analyze the design of Indigenous Peoples' self-governing system, and it focus on legislative agenda of the moving of draft of The Indigenous Peoples Basic Law in the Executive Yuan in Taiwan. And also the different positions of the government, legislators and the relevant groups of indigenous people Law are discussed.