standards. In all cases, these reforms are a direct
consequence of indigenous peoples’ resistance
and demands that their rights be respected,
protected and fulfilled.
In 2007 the government of Nepal ratified ILO
Convention No. 169 on Indigenous and Tribal
Peoples, becoming the first country in mainland
Asia to do so, and also voted in the UN General
Assembly to adopt the UN Declaration on the
Rights of Indigenous Peoples (UNDRIP). In early
2008 the government of Nepal agreed to create
autonomous states based on ethnicity in at
least some parts of Nepal, but what the federal
map of Nepal will look like, which indigenous
peoples will have autonomous states, and what
governance authority will be delegated to them
is not yet decided. Collective ownership of forests
or rangelands by communities is not recognized
in Nepal law. Prior agreements and promises
to indigenous peoples recognizing communal
lands (kipat) have not been kept and these were
nationalized beginning in the 1960s. Large areas
of such collective lands have been incorporated
in protected areas and the national forest.
Indigenous peoples and other local communities
do not have defined legal rights to the use of
natural resources in the areas in which they reside,
but some uses can be authorized by protected
area administrators in some of the national parks
and in buffer zones, as well as in the community
forests within the national forest.
The National Parks and Wildlife Conservation Act
of 1973 bans many customary natural resource
activities including hunting and grazing. Very
limited natural resource use (such as grass
harvesting) is permitted in some national parks
on a fee basis and subject to limited seasons and
quantities. Protests by indigenous peoples have
resulted in some increased access to natural
82
resources in several lowland national parks
and wildlife reserves in recent years, but these
concessions are not considered rights and in some
cases have not been maintained for long. There
is no recognition of an inherent right to use plants
and animals in traditional religious activities in
Nepal.
As a result of a number of legal and institutional
dynamics, indigenous communities around the
country have been historically deprived of the
lands and territories they have traditionally
occupied or used, often without compensation.
A major turning point in this process was the
1964 Land Reform Act, which nationalized land
and terminated traditional collective land tenure
systems such as the kipat. The Act paved the way
for the allotment and distribution of indigenous
ancestral lands and, consequently, to the loss of
IP’s traditional land base. These dynamics were
particularly dramatic in the southern plains,
where lands traditionally controlled by indigenous
communities were lost to migrants from the hill
districts in the 1950s and 1960s.
Similarly, the Pasture Land Nationalization Act
1975/2031 B.S. nationalized traditional indigenous
pasturelands, some of which were granted
to commercial plantations, depriving many
communities of their traditional livelihoods. This
is the case of the Sherpas, whose traditional yakraising has been endangered by the gradual loss of
their traditional pasture lands. This situation has
pushed them into cross-border grazing in Tibet,
a practice which is in turn hindered by border
policies. Protected areas, including national
parks, now constitute approximately 20% of the
total landmass in Nepal. Often these areas were
created at the expense of indigenous lands. In
the Himalayas, most of the land areas of the six
existing national parks cover IPs’ traditional lands.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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