Nowadays in Taiwan, the word "indigenous person" not only represents a person with different history, language, culture, ties of blood, life style and religious belief than the mainstream society, he or she is also the beneficiary of many affirmative actions. For the past six decades, the Taiwanese government has been using similar rule to decide who is an indigenous person. This rule has been proved to be problematic. In the issue of who has the right to decide who is an indigenous person, many international document (including the two human rights covenants) shows different view from the view of the Taiwanese government. This paper tries to examine what kind of problems have raised due to the Indigenous Peoples Status Law, who has the right to decide who is indigenous peoples as well as an indigenous person, and how should the Taiwanese government modify its relative law to uphold the two human rights covenants.