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. More

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

Oral Statement: 27th 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. More

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

 

Report on Human Rights Situation of Indigenous Peoples in Bangladesh in 2013

EXECUTIVE SUMMARY

Bangladesh often affirms its commitment to promote and protect human rights through its unequivocal pledge to uphold the principles and purposes of the UN Charter, international peace and security, respect for international law and rejection of colonialism and racism. However, different state agencies of Bangladesh have been directly engaged in interfering with the enjoyment of the human rights of indigenous peoples enshrined in the international laws for long, let alone the state authorities preventing violations of these rights by state agencies and other non-state actors. During the second cycle of review under the UPR mechanism on Bangladesh held at the UN Human Rights Council in Geneva on 29 April 2013, for example, the government of Bangladesh provided incomplete and inaccurate information on implementation of the CHT Accord and constitutional recognition of indigenous peoples to the UPR session, which has proved non-compliance attitude of government’s commitment to the international human rights mechanisms. More

Urgent Communication to the European Union Election Observation Mission concerning legal framework for Nepal’s Constituent Assembly Elections 2013 and its implementation

21 November 2013

European Union Election Observation Mission – Nepal 2013

Trade Tower, Ground floor, Thapathali, Ward No 11

Kathmandu – Nepal

Re: Urgent Communication concerning legal framework for Nepal’s Constituent Assembly Elections 2013 and its implementation 

Dear Sir or Madam:

This urgent communication is respectfully submitted for consideration of the European Union Election Observation Mission – Nepal 2013, under the mandate and objectives of the Mission, concerning the legal framework for Nepal’s Constituent Assembly Elections 2013 and its implementation in relation to representation of indigenous peoples in the Elections and forthcoming Constituent Assembly. More

Indigenous resource management systems: A holistic approach to nature and livelihoods

Posted on March 14, 2012

Joint community rice harvesting by the Karen people in the highlands of northern Thailand.

By Dr. Maurizio Farhan-Ferrari, Environmental Governance Programme Coordinator
Forest Peoples Programme, Moreton-in-Marsh, UK

Two peer-reviewed studies published recently by the Center for International Forestry Research (CIFOR) and the World Bank show that strict conservation is less effective in reducing deforestation than community forests that are managed and controlled by indigenous peoples and forest-dependent communities within multiple use systems.

This article argues that indigenous resource management systems are not only well poised to reduce deforestation rates but also to provide a rich array of experiences, expertise, and practices that can significantly contribute to protecting biodiversity, food security, and sustainable livelihoods in indigenous communities, as well as finding answers to climate change challenges. More

Indigenous Women: key actors in poverty and hunger eradication (UN CSW RESOLUTION E/CN.6/2012/L.6)

On 9 March 2012, the draft resolution entitled:  “Indigenous Women: key actors in poverty and hunger  eradication” (E/CN.6/2012/L.6) was adopted at the Commission on the Status of Women at its Fifty-sixth Session. To download the resolution, please click here.

Commission on the Status of Women

Fifty-sixth session
27 February-9 March 2012
Agenda item 3 (c)

 

Follow-up to the Fourth World Conference on Women and to the twenty-third special session of the General Assembly, entitled “Women 2000: gender equality, development and peace for the twenty-first century”: gender mainstreaming, situations and programmatic matters

Australia,* Argentina, Bolivia (Plurinational State of),* Ecuador,* El Salvador, Guatemala,* Mexico* and Nicaragua: draft resolution

 

Indigenous women: key actors in poverty and hunger eradication More

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