“Nepal has yet to implement
the international standards
applicable
to
indigenous
peoples, as set out in the UNDRIP
and Convention No. 169 and
indigenous peoples’ rights to
self-determination.”
foundation is an independent organization, its
link with the Ministry of Local Development and
its heavy reliance on the Nepal Government for
money has turned it into one wing of the Nepal
Government working as a bridge between the
Government and the indigenous peoples. It
has a mandate to implement programs for the
development of indigenous peoples and also to
make recommendations to the Government on
measures to promote the social, economic and
cultural development of indigenous groups.
Enforcement of the UNDRIP
In 2008, the UN Special Rapporteur on the Situation
of Human Rights and Fundamental Freedoms
of Indigenous Peoples in Nepal concluded that,
despite significant improvements, the indigenous
peoples continue to confront discriminatory
social and political arrangements that originated
in the past, and whose current manifestations
impede their effective control over their lives and
undermine their cultural identities. The Special
Rapporteur highlighted that indigenous peoples
have suffered gradual loss of traditional lands and
access to life-sustaining natural resources, and
that across the country, they rank low in all human
development indicators. The Special Rapporteur
78
concluded that most indigenous communities live
in conditions of poverty that, on the whole, are
double or even greater the national poverty level
and that adequate healthcare among indigenous
peoples is lacking, as are opportunities for
education.
Nepal has yet to implement the international
standards applicable to indigenous peoples, as set
out in the UNDRIP and Convention No. 169 and
indigenous peoples’ rights to self-determination.
The government needs to meet its obligations
to indigenous peoples in line with observations
and recommendations made by the Special
Rapporteur.
Some of the major challenges in effective
implementation of ILO 169 Convention in Nepal
are presented below:
Dominance of Hindu High Caste: An effective
implementation of ILO Convention 169 would
require revision of existing laws that contradict
various provisions of the Convention. In many
cases, it also demands the promulgation of new
laws. But the state government overwhelmingly
dominated by so-called high caste Hindu groups
is not ready to change the existing laws so easily.
By the peoples’ movement of 2006, the regime
has changed, but the rulers have remained more
or less the same. They come from the same
caste, same class, same region and same sex with
same feudal mentality who are not only reluctant
to implement the conventions but also resist
change.
Rights to Self-determination and Ethnic
Autonomy: Because indigenous peoples of Nepal
do not trust the government to share power
and implement international human rights
conventions, they demand for their own rule
through the transformation of state structure.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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