Report of the National Inquiry into the Land Rights of Indigenous Peoples xi of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), which were ratified by Malaysia are also relevant. Article 30 of the CRC provides for indigenous children to learn and practise their own culture. In its General Comment No. 11, the Committee on the Rights of the Child discusses the link between Article 30 of the CRC and Article 27 of ICCPR, i.e. that the right to enjoy culture is closely associated with the use of traditional territories and its resources. Article 15 of CEDAW discusses equality before the law and the entitlement of non-discrimination, including on matters referring to land. The right to development is an inalienable human right, which belongs to everyone, individually and collectively, with no discrimination and with their full participation. The right to development also implies the full realization of the right to self-determination, which includes the exercise of indigenous peoples’ inalienable right to full sovereignty over all their natural wealth and resources. Free, Prior and Informed Consent (FPIC) is one of the key principles in relation to indigenous peoples’ rights to their lands, territories and resources. The duty of States to obtain, or in some cases seek to obtain, indigenous peoples’ FPIC is clearly expressed in the UNDRIP, especially in relation to indigenous peoples’ interests in lands, territories and resources e.g. Articles 10, 19 and 32(2). Apart from the elaboration on international law, Chapter 4 also examines the domestic laws in Sabah, Sarawak and Peninsular Malaysia relevant to indigenous peoples’ land rights, and the Federal Constitution, which is the supreme law of the country. Based on the jurisprudence, it is established law that the deprivation of indigenous land rights is a deprivation of the right to livelihood and a right to life under Article 5 of the Federal Constitution. It is also established that native title represents full beneficial ownership of land and is a proprietary right. Given the interplay among 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. Any inadequacy with respect to the rights as provided by statute must therefore be compensated by reference to the constitutional provisions to give full recognition to customary rights to land. 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. Fiduciary obligation further requires that government officials consult with and obtain the consent of indigenous communities prior to any action that may infringe on or extinguish their native title or customary rights. CHAPTER 5 - JUDICIAL DEVELOPMENT This Chapter examines the emerging body of judicial authorities affirming recognition of, and protection for, native customary land rights arising out of traditional laws and customs. Landmark cases where courts have recognized native title to indigenous lands, territories and resources in Sabah, Sarawak and Peninsular Malaysia are offered as examples. The main features of customary title as developed by the Courts were summarized in the decisions of the High Court and the Court of Appeal in Sagong Tasi as well as the Federal Court Report SUHAKAM i-xx_a4.indd 11 7/5/13 6:39 PM