cultivation. 71In contrast, the authorities sought to preserve the rich biodiversity in
the protected areas that happened to be inhabited or used by the IP. 72
A good practice adopted by the Sabah Parks to overcome the frictions was through
the introduction of the Community Use Zones (CUZ) 73 in order to strike a balance
between conservation and usage of resources in the protected areas by the IP.
The CUZ is defined as “areas where existing cultivation and forest resource collection are
found to occur inside the park and where traditional human activities will be allowed to
continue under the supervision of Sabah Parks”. 74
Therefore, under the CUZ, if indigenous persons are found to have legal ownership
to lands located within a park reserve, they would be allowed to proceed to manage
their properties as expressed in the land titles. On the other hand, any existing
native land use within the Parks without ownership titles, while allowed to
continue, will be regulated by the authorities. 75 At the same time, the IPs are made
partners to the authorities in order to manage and conserve the protected areas.
Therefore, while the IPs are permitted to utilise the area, it should be in a
sustainable manner. The IPs are also to assist in ensuring that no outsiders
encroach on the protected area. The CUZ, therefore, has the potential to create a
win-win situation for the IPs and authorities. 76
An example is the CUZ established within the Crocker Range Park, including the
Ulu Senagang and Mongoo Baru villages where the Murut communities have been
living. With the establishment of the CUZ, the Murut communities are empowered
to manage and conserve the protected area, while continuing with their traditional
PACOS Trust, ‘Malaysia. Securing Indigenous Peoples’ Rights in Conservation: Reviewing and Promoting
Progress in Sabah, Malaysia (Working Draft)’
(Forest Peoples Programme, September 2008) 4,
11<http://www.forestpeoples.org/sites/fpp/files/publication/2010/04/wccmalaysiapareviewwkgdftsept08eng
.pdf>; SUHAKAM (n 9) 95,96
72
Ibid.
73
The New Sabah Times, ‘CUZ concept for Crocker Range Park’ The New Sabah Times (Kota Kinabalu, 20
October 2009) <http://www.newsabahtimes.com.my/nstweb/fullstory/32872>accessed 26 September 2014
74
Ludi Apin, ‘Taman-Taman Sabah (Sabah Parks)’ In Roundtable Discussion on the Good Practices to Promote
and protect the Rights of Indigenous Peoples, 5 November 2012
75
Ludi Apin, ‘Sabah Parks (Taman-Taman Sabah)’ in Roundtable Discussion on the Good Practices to Promote
and protect the Rights of Indigenous Peoples, 5 November 2012; PACOS Trust (n 71)
76
PACOS Trust(n 71); SUHAKAM (n 9) 95,96
71
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