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.
4|Dusun Kiau Community Protocol