1. Decolonizing Sustainable Development in Taiwan with International Human Rights
Jeroen van Bekhoven
Postdoctoral Fellow
Policy and Law Center for Environmental Sustainability
College of Law, National Taiwan University

2. Introduction Indigenous Peoples and Sustainable Development :
Everyday way of life
Taiwan’s laws have flaws and gaps
Can international human rights help?

3. Laws on Sustainable Development are Colonialism
Indigenous peoples cannot decide
No power over lands

4. The Six Weak Spots No strong legal basis
Not clear which lands are indigenous peoples’ lands
Indigenous peoples cannot take decisions in their own way
No is no?
Few laws on benefit-sharing
Benefit-sharing and compensation means money

5. The Three Treaties and the UNDRIP
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Covenant on the Elimination of All Forms of Racial Discrimination (CERD)
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

6. The Applicable Human Rights Rules
Strong legal foundation – A sun:
Right to self-determination
Right to enjoy one’s culture
Right to property of land
Connected rights – The planets:
Right to be consulted
Right to Free Prior and Informed
Consent (FPIC)

7. The Applicable Human Rights Rules - II
Consultation from the beginning
Good intentions
No threats or manipulation
Questions and worries
Own traditions and representatives
Benefit-sharing and compensation:
respect for culture

8. Can the International Human Rights Rules “Decolonize” Taiwan’s Law on Sustainable Development?
Decolonize? Three conditions: 1. Own decisions 2. Power over lands 3. Equal and respect

9. Can the International Human Rights Rules “Decolonize” Taiwan’s Law on Sustainable Development?
YES!
Right to self-determination or right to property
Consultation from the beginning
Own representatives and traditions
Benefit-sharing and compensation the way
indigenous peoples want it
But: no is no real no…

10. Concluding Remarks International human rights to the rescue:
More Power
Stronger Participation
Indigenous peoples as full partners
in sustainable development

11. 謝謝!
THANK YOU FOR LISTENING