原住民族与自然资源的共管.pdf

台灣原住民族研究季刊 第 1 卷 第 1 期 頁 1-38 2008 年/春季號 Taiwan Journal of Indigenous Studies, Vol. 1, No. 1, pp. 1-38, Spring 2008 原住民族與自然資源的共管∗ 施 正 鋒 東華大學原住民民族學院院長 吳 珮 瑛 台灣大學農業經濟學系教授 摘 要 了 了 來參理 關鍵詞 ∗ 行2007 年論 北 2007/12/11-14 2 《台灣原住民族研究季刊》第1 卷、第 1 期 (2008 /春季號) Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of their mineral, water or other resources. 1 聯利 2007 Consultation without power is not joint management, and can continue paternalistic administration of indigenous peoples’ homelands by outsiders, ultimately undermining their self-determination, ways of life, and existence a