Rights of Indigenous Peoples (UNDRIP) 48 provides the right of the IP to be able to, inter alia, maintain their juridical systems and customs. 49In Malaysia, Native Courts are one of the legal instruments available to conserve the Adat and way of life of the natives in Sabah and Sarawak and are recognised by the Federal Constitution of Malaysia. 50 These are in addition to the civil and Syari’ah Courts that currently operate in the Country. The Native Court Enactment 1992 51 provides for a three-tier native court system in Sabah including a Native Court of Appeal, a District Native Court and a Native Court, 52 whereas in Sarawak, there are six levels of courts including a Natives Court of Appeal, a Resident Natives Court, a District Natives Court, a Chief’s Superior Court, a Chief’s Court, a Headman’s Court. 53 Generally, both Native Courts in Sabah and Sarawak have jurisdiction to preside over: • cases arising from a breach of native law or custom where all the parties are natives; • cases involving native law, custom relating to: o betrothal, marriage, divorce, nullity of marriage and judicial separation; o adoption, guardianship or custody of infants, maintenance of dependants and legitimacy; o gifts or succession testate or interstate; and • other cases of which jurisdiction is conferred upon the Courts by the Enactment or any written law. 54 On the other hand, the operation of the Native Courts is not without challenges. Some of the stumbling blocks that impede effective execution of legal practice in the court system include: UN General Assembly, United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (resolution / adopted by the General Assembly, 2 October 2007) A/RES/61/295 49 Ibid., Article 34 50 Federal Constitution of Malaysia (n. 11), Article 145(3), 161 (5), Ninth Schedule List IIA 51 Native Court Enactment, 1992 [En. No. 3/1992]; Native Courts Ordinance, 1992 [Ord. No. 9/92] 52 Native Court Enactment, 1922 (n 51) 53 Native Courts Ordinance, 1992 (n 51) 54 Laws of Malaysia. Interpretation Ordinance (Definition of Native) Cap 64 [10 December 1952], Section 2; Native Court Enactment (n. 51); Native Courts Ordinance, 1992 (n 51) 48 16