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 responsibility to
6|Mangkawagu Community Protocol