He added that 50,000 hectares of Native
Customary Rights Land and Tittled Native Lands have been developed for oil palm plantation by the agency.
"Despite
customary rights to more than half of the world's landmass, indigenous and local communities are legally or formally recognized as owning only 10 per cent of global lands," the report noted.
While international institutions pushed for privatization and supported land markets (Manji 2006), other experts and aid agencies praised the inclusive and dynamic character of
customary rights (Wily 2016) and asked for legal recognition of such rights (Bruce and Migot-Adholla 1994).
The collections of forest produce were well managed and regulated through the
customary rights practised over generations.
(9) This conservation agenda of being tied to place as an environmental subject may be difficult for many Indigenous Peoples who have a history of movement, fragmentation, displacement, the root cause of which lies in insecurity of tenure, even if as in Sabah, native
customary rights are acknowledged in the Sabah Land Ordinance of 1930.
FSC has ten principles for responsible forest management, including maintaining, conserving and restoring ecosystem services, maintaining or enhancing the social and economic wellbeing of workers and upholding Indigenous Peoples' legal and
customary rights of ownership.
Ancestral domains and
customary rights must also be respected, developed and promoted.
The village area is designated as state forest, but as
customary rights are politically acknowledged in Kutai Barat, the mining company offered compensation payments for the land that the road traversed as an indication of respect to its customary owners (tali asih).
He clearly demonstrated that customary human rights as rights based in the United Nations Charter have primacy in any social context, adding that some of those
customary rights have assumed the status of peremptory norms (jus cogens) and some treaty-based human rights are nonderogable.
At the same time, USAID is mapping cocoa farmers' land and documenting their
customary rights to it.
Most noteworthy is that in recent times, with the support of pro-bono lawyers, some Orang Asli have successfully asserted their
customary rights in court for compensation to lands seized from them by government agencies and private enterprises (Subramanium, Chapter 18).
