Foreword
Sabah is blessed with incredible cultural and biological diversity as
well as legal pluralism. As the Chief Judge of the High Court of Sabah and
Sarawak and the Chairman of the Native Laws, Materials and Cases
Committee, respectively, and as proud Indigenous people ourselves, we
know first-hand that respect for this diversity requires recognition of the
deep connections between Indigenous peoples, our customary laws and
the environments upon which we depend. It also requires recognition of
the diverse worldviews, rights and responsibilities of Indigenous peoples,
including to protect and maintain our customary territories and ways of life
and to define our own development paths.
This community protocol, developed through an intensive
participatory process over more than three years, is an embodiment of this
cultural, biological and legal diversity. It showcases how closely the
community's identity, culture, adat and ways of life depend upon their
territory and natural resources, and how much they want to sustain them
for current and future generations. The protocol also does not shy away
from the realities on the ground. The community is facing challenges, but
they set out how they would like to address those challenges in a
respectful manner, drawing on customary, state and international law.
As lawyers and judges, we know that procedural rights of access
to information, participation in decision-making and access to justice are
also crucial to upholding the rule of law and achieving sustainable
development. Under international law, all stakeholders have the
responsibility to respect Indigenous peoples’ right to provide or withhold
free, prior and informed consent before any activities that may affect them
or their territories. In any situation of disagreement of conflict, it is
incumbent upon all parties to listen respectfully and seek a fair, equitable
and culturally appropriate resolution.
Every living being on Earth depends on a healthy environment for
survival and well being. Indigenous peoples are often on the frontlines of
efforts to protect, conserve and restore the environment. However, they
are also increasingly under threat for the same efforts. Everyone has a
5 | PRACTICES OF THE MURUT TAHOL IN ALUTOK, ULU TOMANI