依類型 族群 主題   
 
 
2021.10.22
原住民族地區開發溫泉問題的探討-以金峰與羅浮溫泉示範區為例
族群: 跨族群  
主題: 法律政治、產業經濟、部落發展、部落建設  
作者 熊鴻嘉
學校系所 國立臺灣師範大學地理學系空間資訊碩士在職專班
地點 全臺 全部  
研究內容

原住民族地區(以下簡稱原住民地區)的溫泉露頭幾佔臺灣全島溫泉數量2/3以上,是溫泉資源的寶庫。自日治時代起,原住民地區的溫泉露頭逐漸為人所發現,進而被開發做為療養傷病、促進衛生及觀光旅遊之用。民國政府遷臺後,原住民地區受山地管制與山地國有化之影響,主要的溫泉開發者還是平地(漢人)財團,原住民部落族人對於溫泉的開發使用均受到相當的限制。
原住民族委員會(以下簡稱原民會)於民國99年起進行原住民地區溫泉產業示範區之輔導作業,作法則是找出客觀上具有溫泉資源,主觀上有開發意願且有一定開發條件的原民鄉鎮。但溫泉開發工作千頭萬緒,原住民地區多為環境敏感地區,常受各種災害侵襲、交通不便、招商不易,開發工作備嘗艱辛。
以臺東縣金峰溫泉為例,已有中油公司開發的嘉蘭一號地熱井做為溫泉資源,但開發過程中受風災、洪患、山崩地滑地質敏感區等自然災害影響,且地權地用亦因水土保持計畫審因素,自民國104年至110年間尚未完成合法化程序。在原基法踐行部份,相關部落已舉行過部落會議,可符合原基法諮商同意權之要求,後續相關建設完成後,可由部落、公所、協會成立共管委員會,踐行參與及分享相關利益之原住民權益。
而在桃園市復興區羅浮溫泉,雖無溫泉資源開發歷史,但土地位於大漢溪旁的高位河階,地形平坦、腹地廣大且少災害發生。並由直轄市政府主導開發過程與經費挹注,很快在短時間內完善溫泉相關建設。但因對於法令的不了解,僅在當地辦理三次說明會,並未召開部落會議,對於當地部落民眾權益顯有疏忽之處。
依本研究問卷回覆資料,原住民對於溫泉開發多能理解並保持正面態度,在參與並分享開發利益的立場上,除了回饋機制外,對於成立部落共同基金、建立共管機制、保障原民工作權益、增加原民員工雇用比例等多有所期待。
最後研究者認為,中央政府應依原基法21條、22條之精神,應逐步落實相關法制工作,包括修訂溫泉法、原住民地區個人及輔導獎勵辦法以及建立部落公法人制度、確認部落會議法律位階、溫泉資源共管機制方能更加保障原住民族權益。
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The outcropping of hot springs in the aboriginal areas accounts for more than 2/3 of the number of hot springs on the island of Taiwan, and is a treasure house of hot spring resources. Since the Japanese Occupation era, the outcrops of hot springs in the aboriginal areas have been gradually discovered, and then they have been developed for healing injuries, promoting sanitation, and tourism. After the Republic of China government moved to Taiwan, the aboriginal areas were affected by mountain control and mountain nationalization. The main hot spring developers were the Pingdi (Han) consortium, and the development and use of hot springs by the aboriginal tribes were quite restricted.
The Aboriginal Association started to conduct counseling work in the hot spring industry demonstration zone in the aboriginal ethnic region in 1999. The method is to find out the aboriginal townships that objectively have hot spring resources, are willing to develop subjectively, and have certain development conditions. However, the development of hot springs is complex, and the aboriginal areas are mostly environmentally sensitive areas, often affected by various disasters, inconvenient transportation, and difficult to attract investment. The development work is hard.
Take Jinfeng Hot Spring in Taitung County as an example. The Jialan No. 1 geothermal well developed by China National Petroleum Corporation has been used as a hot spring resource. However, the development process was affected by natural disasters such as wind disasters, floods, and landslides and landslides. Land use was also due to the review of the soil and water conservation plan, and the legalization process has not been completed from 2004 to 110 of the Republic of China. For the implementation of the original law, the relevant tribes have held tribal meetings, which can meet the requirements of the original law for informed consent. After the follow-up related construction is completed, the tribe, public office, and association can set up a co-management committee to practice participation and share relevant interests The rights of indigenous peoples.
In Luofu Hot Springs, Fuxing District, Taoyuan City, although there is no history of hot spring resource development, the land is located on the high-level river terraces next to the Dahan River. The terrain is flat, the hinterland is large and there are few disasters. The development process and funding were led by the municipal government, and the hot spring-related construction was soon established. However, due to lack of understanding of the laws and regulations, only three briefing meetings were held in the local area, and no tribal meeting was held, which showed negligence regarding the rights and interests of local tribesmen.
According to the questionnaire response data in this research, the indigenous people understand and maintain a positive attitude towards hot spring development. In terms of participating and sharing the development benefits, in addition to the feedback mechanism, they are concerned with the establishment of tribal mutual funds, the establishment of a co-management mechanism, and the protection of the work rights of the indigenous people. , There are many expectations for increasing the employment ratio of indigenous employees.
Finally, the researchers believe that the central government should follow the spirit of Articles 21 and 22 of the original law and gradually implement relevant legal work, including the establishment of a tribal public legal person system, confirmation of the legal rank of tribal meetings, a mechanism for co-management of hot spring resources, and amendments to the hot spring law. Local individuals and counseling incentives can ensure the autonomous rights of indigenous peoples.