The foundation of communal title is premised on native customary rights NCR of the indigenous community in land resources managed by the native community according to their local practices, tradition and custom. Sabah Land Ordinance further provides that land issued with communal title can be subsequently sub-divided into individual titles as and when decided by the native community.

Government, State and Federal owe a fiduciary duty to the indigenous people of Sabah in protecting their well-being and advancement under the State and Federal Constitution. Joint venture scheme per sec imposed by the government will not resolve land right and ownership problems.

Mechanism of land ownership by indigenous community by communal title is nothing new since such land title is provided in the Sabah Land Ordinance in 1930 or even earlier.

However, the indigenous communities are very concerned that the issuance of communal titles by the government has now being implemented in association with joint venture land development schemes with government agencies or corporations. The element of land ownership and participation by the indigenous community in managing traditional NCR land is no longer a relevant consideration.

People questioned as whether there was any free prior and informed consent from the native community with regard to the joint venture scheme planned by the stateĀ  in NCR land.

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