Indigenous Peoples FPIC Protocols

9/22/2018  Indigenous Peoples Present their Community Protocols to the Chief Judge of Sabah and Sarawak – ICCA Consortium Home Search the website   ASIA, BLOG, EVENTS, EVENTS ORGANISED OR CO-ORGANISED BY THE CONSORTIUM, GSI, MALAYSIA, NATIONAL EVENTS, NEWSFLASH Indigenous Peoples Present their Community Protocols to the Chief Judge of Sabah and Sarawak By: Lysandra Chin, Gordon John Thomas and Holly Jonas The State of Sabah in Malaysian Borneo is one of very few jurisdictions in the world with three parallel court systems: civil courts, native courts and syariah (Islamic law) courts. When Indigenous peoples in Sabah face conflicts over land and environmental issues, they are usually directed towards the civil court system, as the native court system is mostly reserved for family and inheritance issues. However, state laws on land and the environment are limited in their recognition of native customary rights and customary law (adat). With the support of ICCA Consortium Member PACOS Trust (Partners of Community Organisations in Sabah), five Indigenous communities in Sabah have been documenting their community protocols on adat and their ICCAs and engaging with High Court judges and native lawyers to improve recognition of these protocols in both court systems. With initial seed funding from the Global Forest Coalition (as part of the Community Conservation Resilience Initiative) and subsequent funding from the Commonwealth Foundation since 2015, PACOS Trust has been undertaking a project that aims to increase the resilience of Indigenous peoples’ customary institutions and natural resource stewardship systems through constructive engagement with decisionmaking processes that affect them. The 3.5-year project has supported five Indigenous communities to document their traditional practices and stewardship systems, strengthen local and international networks, and engage with policy- and decisionmakers to improve respect for their practices and native customary laws. The five communities involved are the Murut Tahol from Alutok, Tenom; the Tombonuo from Sungai Eloi, Pitas; the Dusun from Terian, Penampang; the Dusun from Kiau, Kota Belud; and the Sungai Rumanau from Mangkawagu, Tongod. The communities consolidated their documentation efforts into community protocols, which will be used as an internal guide for the communities and as a negotiation and advocacy tool with stakeholders such as government agencies and companies regarding activities affecting their traditional territories and ICCAs. https://www.iccaconsortium.org/index.php/2018/04/10/indigenous-peoples-present-their-community-protocols-to-the-chief-judge-of-sabah-and-sar… 1/3