by them, but to which they have traditionally had access for their subsistence and traditional activities. Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect.” United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) UNDRIP is a comprehensive list of rights of indigenous peoples. Article 25 recognizes the right of indigenous peoples “to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.” Article 26 emphasizes indigenous peoples’ right to “own, use, develop and control” lands, territories and resources. Article 27 obliges the state to “recognize and adjudicate the rights of indigenous peoples” pertaining to their lands, territories and resources (again, including those that are traditionally and otherwise owned or occupied). Article 28 addresses the issue of lands, territories and lands taken, used or damaged without the free, prior and informed consent of indigenous peoples. Article 29 addresses the environmental, conservational and health aspects of indigenous peoples’ land rights. The duty of states to obtain, or in some cases seek to obtain, indigenous peoples’ free prior and informed consent (FPIC) is clearly expressed in the UNDRIP, especially in relation to indigenous 76 peoples’ interests over lands, territories and resources (e.g., Articles 10, 19 and 32(2).)  The UN Committee on the Elimination of Racial Discrimination’s General Recommendation XXIII (1997) (GRXXIII) recognizes the fundamental nature of indigenous peoples’ rights to maintain and develop the full spectrum of their relationships to their traditional lands, territories and resources. Durban Accord Indigenous issues were addressed in the other major outcomes of the Congress, notably in Outcome 5 of the Durban Action Plan and in The Durban Accords. Outcome 5 of the Durban Action Plan states that “The rights of indigenous peoples, mobile peoples and local communities [should be] recognized and guaranteed in relation to natural resources and biodiversity conservation” (IUCN, 2005:224). The Durban Accord recognizes the successes of indigenous and local communities in conserving biodiversity, as well as “their efforts to make protected areas places of natural, cultural and spiritual convergence” (IUCN, 2005: 221). A “Cause for Concern” is that “many places which have been conserved over the ages by local communities, mobile and indigenous peoples are not given recognition, protection and support” (Ibid). It urges “commitment to involve local communities, indigenous and mobile peoples in the creation, proclamation and management of protected areas” (IUCN, 2005:222), as well as more effective benefit sharing and support for CCAs. The rights over lands and natural resources are enshrined by these international laws, each of which has been ratified by Nepal. The government is duty bound to incorporate these international laws in its national laws and implement them effectively. Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)

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