Report of the National Inquiry into the Land Rights of Indigenous Peoples 65 4.127 Recognition and protection for native title is also required as part of the constitutional right to life and livelihood. This takes into account the essential role of land in the economies and cultural identity of native communities. In determining adequate compensation for deprivation of native title, the role of land in the livelihood of native communities is a relevant factor. In addition, damages other than monetary compensation may be necessary in cases where the deprivation of property also constitutes a deprivation of livelihood, and right to life under Article 5 of the Constitution.   4.128 Further, Article 8(5)(c) of the Federal Constitution permits the Federal Government to legislate for the “protection, well-being and advancement” of Orang Asli including “the reservation of land”. This provision is an overt recognition by the framers of the Constitution of the special position of Orang Asli in existing constitutional arrangements. As for Sabah and Sarawak, Article 161 A(5) provides for preferential treatment to natives of Sabah and Sarawak 4.129 Underlying the recognition and protection of native title or customary rights to land is the fiduciary obligation of the Federal and State Governments towards natives and aboriginal peoples. To meet the fiduciary obligation, Government officials must not take actions that are inconsistent with the interests of its beneficiary and may not delegate its discretionary power to a third party. Furthermore, the fiduciary obligation requires that Government officials to consult with and obtain the consent of native communities prior to taking action that may infringe on or extinguish their native title rights. 4.130 Given the interplay between the common law, the legislative provisions, the Federal Constitution, the existence of indigenous customary practices and the native and aboriginal conception of property, a morally defensible concept of native customary rights must not only look to the common law and the statutory provisions, but must fully incorporate the native perspectives. Where the rights are provided by statute, any inadequacy must be compensated by reference to the constitutional provisions to give full recognition of the customary rights to land. chapter 4_a4.indd 65 7/5/13 6:46 PM