The Study on Indigenous People's Right to Participate or Consent

This paper is going to discuss institutional design issues regarding indigenous people’s right to participate or consent, including the nature and scope of this right, and the relationship among various kinds of participation. In addition to clarify the nature of indigenous people’s right to participation or consent through study on international legal documents, this project will analyze above issues through decisions made by Inter-American Court of Human Rights and make comparisons to cases happening in Taiwan. Tentatively, this paper contends either the scope or choices of indigenous people’s right to participate or consent should be bound by the nature of indigenous people’s self-determination and not be over-intervened by the state’s sovereignty. We should clarify an optimal scope and kind of indigenous people’s political participation case by case depending on the influential degree by governmental or private actions.