4. Rights of the Dusun Community in Terian, Ulu
Papar
4.1. International Laws
4.1.1. United Nations Declaration
Indigenous Peoples, UNDRIP
on
the
Rights
of
Article 25
Indigenous peoples have the right to maintain and strengthen their
distinctive spiritual relationship with their traditionally owned or otherwise
occupied and used lands, territories, waters and coastal seas and other
resources and to uphold their responsibilities to future generations in this
regard.
Article 26
1. Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied or otherwise
used or acquired.
2.
Indigenous peoples have the right to own, use, develop and control
the lands, territories and resources that they possess by reason of
traditional ownership or other traditional occupation or use, as well as
those which they have otherwise acquired.
3.
States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with
due respect to the customs, traditions and land tenure systems of the
Indigenous peoples concerned.
Article 27
States shall establish and implement, in conjunction with Indigenous
peoples concerned, a fair, independent, impartial, open and transparent
process, giving due recognition to Indigenous peoples’ laws, traditions,
customs and land tenure systems, to recognize and adjudicate the rights of
Indigenous peoples pertaining to their lands, territories and resources,
19 | T e r i a n D u s u n C o m m u n i t y P r o t o c o l