Statement of Nepal Federation of Indigenous Nationalities (NEFIN) on the Implementation of UN Declaration on the Rights of Indigenous Peoples (UNDRIP) at the 14th session of the UN Permanent Forum of Indigenous Issues (UNPFII)

14th Session of United Nations Permanent Forum on Indigenous Issues
UN Headquarters, New York
April 27 to May 1, 2015

Statement of Nepal Federation of Indigenous Nationalities (NEFIN)
Agenda Item 7 (a): Implementation of United Nations Declaration on Rights of Indigenous Peoples.

Thank You Madam Chair,

First of all, as you must have become aware of Nepal’s situation and therefore, we would like to appeal the world for assistance.

I, on behalf of Nepal Federation of Indigenous Nationalities, would like to draw the Permanent Forum’s attention to the following issues in relation to human rights situation of indigenous nationalities of Nepal in relation to the statement made by the Government of Nepal earlier in this 14th Session of the Permanent Forum.

Nepal – Universal Periodic Review: Submission on the Human Rights Situation of Indigenous Peoples

Observations on the Human Rights Situation of Indigenous People in Nepal in Light of the
UN Declaration on the Rights of Indigenous Peoples
March 2015

Prepared for
Second Cycle of Universal Periodic Review of Nepal
23rd session of Human Rights Council

INTRODUCTION

This joint submission has been prepared second Universal Periodic Review of Nepal in November 2015. The human rights situation of indigenous peoples in Nepal has seen little improvement since its first UPR in 2011.

According to the 2011 census, indigenous nationalities (Adivasi Janajati), as they are known in Nepal, comprise 35.81% of the total national population of about 26.5 million, although indigenous peoples’ organizations claim a larger figure of more than 50%. The 2011 census, like earlier census, came under strong criticisms from indigenous peoples for inaccurate reporting. The census reported decrease in indigenous population from 37% to 35% while completely omitted a number of identified indigenous groups and presented contradictory data, such as greater number of an indigenous language speakers than respective indigenous people. Further, while government agencies have begun disaggregation of data by ethnicity and gender since 1991 census, there is need for greater disaggregation of all relevant national data.

Currently, 59 groups are recognized as indigenous nationalities but the official list is contested. The Committee on Economic, Social and Cultural Rights expressed concern in 2008 about the “lack of clarification about the criteria used by” National Foundation for Development of Indigenous Nationalities (NFDIN), the indigenous development agency of the Government of Nepal, to recognize indigenous peoples and the implications of this recognition. The Government formed a taskforce, including indigenous representatives, to re-examine the official list that submitted its report to the Prime Minister in 2011 with recommendations for inclusion of further groups. However, the Government is yet to take any action on the report.

Discrimination, based on historical oppression and exclusion, against indigenous peoples remains deeply rooted in Nepal. Land and forest-related practices and laws of Nepal have hindered the development of indigenous communities leading to a litany of human rights issues, including in the name of ‘development’. Even though they constitute a significant proportion of the population, throughout the history of Nepal indigenous peoples have been marginalized in terms of socio-economic conditions, including cultural and language rights and political participation. Demands for rights of indigenous peoples, particularly in relation to lands and resources and political participation, have been met with violence and criminal persecution.

Legal prohibition on cow-slaughter in Nepal infringes indigenous peoples’ rights, UN experts told

Two Nepali non-governmental organizations have submitted an urgent communication to UN rights experts informing that legal prohibition on cow-slaughter in Nepal infringes indigenous peoples’ right to freedom of religion and cultural rights and threatens the secularity of the Nepali state.

Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples and National Coalition Against Racial Discrimination sent in the joint communication on Friday to four UN Special Rapporteurs on the Rights of Indigenous Peoples, the Promotion and Protection of the Right to Freedom of Opinion and Expression the Field of Cultural Rights, and the Freedom of Religion or Belief.

“The communication is submitted to raise the issue of the continued prosecution of indigenous peoples under Nepal’s law against cow-slaughter—a law deeply rooted and wholly justified by Hindu (and therefore non-secular principles) and one which historically has been used to carry out the State’s forced cultural assimilation of indigenous peoples and to forge a homogenous identity for Nepali citizens,” the NGOs write.

UN rights experts apprised of violation of rights of indigenous Pradhan Newars for construction of a mega business complex

Kathmandu, 9 Feb

Two non-governmental organizations have submitted an urgent communication to UN rights experts alleging that a Nepali private company has unlawfully acquired the communal trust lands of indigenous Pradhan Newar community of Kathmandu to construct a mega business complex. As a result, the religious and cultural customs and traditions of Pradhan Newars based on the pond and its embankment lands have been devastated and thus their cultural rights and rights to cultural rights and rights to lands and resources violated, the communication reads.

Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples and National Coalition Against Racial Discrimination jointly submitted the communication to the UN Special Rapporteurs on the Rights of Indigenous Peoples and in the field of cultural rights on Monday. They have urged the Special Rapporteurs to correspond with the Government of Nepal about the need to take immediate action to defend, protect and promote the rights of the indigenous Pradhan Newars to their land, resources, sacred places and culture.

Can’t stop the Sumazau

To travels and trunks

October 2012 | Sabah, Malaysia

Sabahan musicians bring sexy back to indigenous music.

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Joint statement on indigenous peoples’ access to justice in Nepal (HRC 27th, 2014)

Oral Statement: 27^th session of the Human Rights Council

Items 3 & 5: Clustered ID with SR on indigenous peoples & Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)

17 September 2014

Thank you Mr. President,

 

This is a joint statement by IMADR and National Coalition Against Racial Discrimination (NCARD) in Nepal.[i] We highly commend the works of the Special Rapporteur and the Expert Mechanism towards strengthening indigenous peoples’ access to justice over the years. In particular, we would like to recall and endorse the recommendations made in Special Rapporteur’s 2004 report on indigenous peoples and administration of justice and the Expert Mechanisms’ advice in its 2013 study on access to justice.

 

In Nepal, indigenous peoples continue to be overrepresented in incarceration in criminal justice systems. A report by a local NGO indicated that out of more than 3,500 detainees they visited during 2013, the largest number – a quarter of the detainees – was from indigenous groups.[ii] A 2012 report from the same NGO showed that indigenous detainees were disproportionately subjected to torture in detention than those from dominant groups.[iii]

Joint oral statement on the rights of indigenous peoples in disaster risk reduction initiatives in Nepal

Oral Statement: 27^th session of the Human Rights Council

Half-day discussion on the Rights of Indigenous Peoples

17 September 2014

Thank you Mr. President,

This is a joint statement by IMADR and National Coalition Against Racial Discrimination (NCARD) in Nepal.[1] Firstly, we would like to endorse the Expert Mechanism Advice No. 7 (2014) on disaster risk reduction initiatives.[2]

Floods and landslides have killed 260 people in the last three months across Nepal.[3] It is safe to assume that indigenous peoples, along with Dalits, have been most impacted in those disasters though official data does not exist.[4] Nepal has been in a long process of formulating necessary legislation to minimize the impacts of natural disasters. Indigenous peoples are one of the most vulnerable groups to those disasters due to their poverty, place of residence (remote rural and mountainous areas) and social background (historical exclusion from State power). However, they have been greatly ignored in this process, which is clearly evident when one reads through National Strategy for Disaster Risk Management, 2009.[5] Although the Strategy does not even include a specific reference to indigenous peoples, it takes into account indigenous skills and technologies.

Comparison matrix of changes in successive drafts of Outcome Document of World Conference on Indigenous Peoples (WCIP)

Attached herewith is a chart highlighting the changes made in the successive drafts of the Outcome Document of the World Conference on Indigenous Peoples (WCIP) from Zero draft to the Rev.3 released on September 5, 2014. The chart was elaborated based on the earlier chart prepared by Docip.

Comparat_diffversions_draft _equivalences_v2.1_PS

For more information on the WCIP, visit Indigenous Peoples’ Global Coordinating Group’s website on the World Conference here or UN’s website on the Conference here

 

Arundhati Roy: Indigenous movements are our only hope.

eww

The Indian Government which was one of the leading countries in the Non-Aligned Movement during the cold war, has now opted to being completely aligned. It calls itself a natural ally of Israel and the US. In 1990 it embraced the Free Market. Since then, structural adjustment, privatization and huge infrastructural projects like dams and power plants and mines have resulted in the displacement of hundreds of thousands of people. India probably has the largest population of internally displaced people in the world. The largest majority of these people belong to indigenous tribal
communities or to the Dalit (untouchable) castes.

The present government is headed by stooges of the IMF and the corporate world. The Prime Minister of the world’s largest democracy, Mr Manmohan Singh has never won an election in his life. The Home Minister P.Chidambaram is a corporate lawyer who has represented many major mining corporations and also…

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Illegal seizure of community lands for construction of business complex in Nepal’s tourist district Thamel challenged at Supreme Court

Thamel writ petition