“Lack of access to natural
resources exacts a particularly
heavy toll on those indigenous
communities that rely on
traditional
hunting
and
gathering
practices
for
subsistence.”
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.
Without protection for communal lands,
individual land holdings were gradually lost due
to the absence of titles or insecure titles, abuse
and corruption, lack of access to the justice
system, and indebtedness.
The high degree of illiteracy among many
indigenous groups, in particular the Tharus in the
Terai, made them vulnerable to abusive practices
and deceit. Displacement was also a cause of land
loss during the armed conflict.
Lack of access to natural resources exacts a
particularly heavy toll on those indigenous
communities that rely on traditional hunting and
gathering practices for subsistence. Communities
that have traditionally relied on the forests
but were not in possession of titles, or lacked
resources to compete with private contractors,
have lost access to their traditional forest lands.
72
Many Raji people, for instance, were deprived of
their access to herbal medicine, honey-gathering
and fishing. The Chepangs, who are traditionally
hunter-gatherers and practice a nomadic way of
life in the forests, are now under threat of eviction
from their ancestral lands.
A case in point is the Chitwan National Park, the
subject of a communication sent by the previous
mandate holder in 2007 (Anaya, 2008:61). The
park was established in 1971 in areas traditionally
used and inhabited by the Tharu, Majhi,
Bote, Darai and other communities who were
displaced to the park’s buffer zone. Even though
these communities now enjoy limited access to
fishing and other traditional occupations, many
individuals displaced from the park area still
remain landless and have not been provided
alternative livelihoods nor compensation.
The existing benefit-sharing mechanisms are
ineffective. A major obstacle in this regard seems
to be the composition of the Chitwan Buffer
Zone and District Development Committees,
in which indigenous peoples are insufficiently
represented. Maltreatment, arbitrary detention
and sexual abuse of villagers by park rangers and
military officials designated to patrol the park’s
premises are commonplace. Lack of due process
is further reported with regard to offenses dealt
with by the Chief Warden, upon whom the
National Park and Wildlife Conservation Act vests
all law enforcement powers.
The mechanisms to compensate or consult
indigenous communities are inadequate or nonexistent. As a consequence of land loss and other
systemic patterns of marginalization, indigenous
people became bonded workers in private farms
and wealthier households under the Kamaiya,
Kamalari and other systems.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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