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 mineral,
water or other resources.
7.2. Convention on Biological Diversity
Article 8(j):
Malaysia and the state of Sabah specifically, shall respect, preserve and
maintain knowledge, innovations and practices of indigenous and local
communities embodying traditional lifestyles relevant for the
conservation and sustainable use of biological diversity and promote their
wider application with the approval and involvement of the holders of
such knowledge, innovations and practices and encourage the equitable
sharing of the benefits arising from the utilization of such knowledge
innovations and practices.
Article 10(c):
Malaysia and the state of Sabah specifically, shall protect and encourage
customary use of biological resources in accordance with traditional
cultural practices that are compatible with conservation or sustainable
use requirements.
7.3. Sabah State Laws
a. Sabah Biodiversity Enactment - Section 9(1)(j): The Sabah
Biodiversity Centre shall establish or cause to be establish a
system for the protection of biological resources or associated
relevant knowledge so that the native and local communities
shall, at all times and in perpetuity, be the legitimate creators,
users and custodian of such knowledge, and shall collectively
benefit from the use of such knowledge.
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