including those which were traditionally owned or otherwise occupied or
used. Indigenous peoples shall have the right to participate in this process.
Article 28
1. Indigenous peoples have the right to redress, by means that can include
restitution or, when this is not possible, just, fair and equitable compensation,
for the lands, territories and resources which they have traditionally owned
or otherwise occupied or used, and which have been confiscated, taken,
occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned,
compensation shall take the form of lands, territories and resources equal in
quality, size and legal status or of monetary compensation or other
appropriate redress.
Article 29
1. Indigenous peoples have the right to the conservation and protection of
the environment and the productive capacity of their lands or territories and
resources. States shall establish and implement assistance programmes for
Indigenous peoples for such conservation and protection, without
discrimination.
Article 31
1. Indigenous peoples have the right to maintain, control, protect and
develop their cultural heritage, traditional knowledge and traditional cultural
expressions, as well as the manifestations of their sciences, technologies
and cultures, including human and genetic resources, seeds, medicines,
knowledge of the properties of fauna and flora, oral traditions, literatures,
designs, sports and traditional games and visual and performing arts. They
also have the right to maintain, control, protect and develop their intellectual
property over such cultural heritage, traditional knowledge, and traditional
cultural expressions.
2. In conjunction with Indigenous peoples, Malaysia and the state of Sabah
specifically, shall take effective measures to recognize and protect the
exercise of these rights.
21 | S u n g a i E l o i T o m b o n u o C o m m u n i t y P r o t o c o l