New York- The government of Nepal continues to perpetuate the systematic exclusion of indigenous peoples in state restructuring process, which is contrary to its commitment for inclusive democracy toward the establishment of a federal republic.

UN PERMANENT FORUM ON INDIGENOUS ISSUES

8th Session, New York, 18-29 May 2009

STATEMENT BY Bijaya Subba on behalf of NATIONAL FOUNDATION FOR DEVELOPMENT OF INDIGENOUS NATIONALITIES (NFDIN) WITH SUPPORT FROM  Lawyers' Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP), National Federation of Indigenous Women (NIWF),Kirat Yakthung Chumlung (KYC), Kirat Rai Yayokha, Nepal Tamang Ghedung, Hyolmo Sanranchan tatha  Utthan Parisad, Sunuwar Sewa Samaj, Athpariya Kirat Rai Samaj, Newa Deya Dabu, Nepal Bote Samaj, Himalaya Bhote Samaj, Kirat Chamling Rai Bhasa tatha Utthan Sangh, Lila Phang , Nepal Kumal Samaj Sudhar Samittee, Nepal Majhi Uthan Sangh, Karani Sewa Sangh, Yamphuhang Kirat Rai Ekta Samaj, Nepal Thami Samaj Samittee, Indigenous Nationalities Upliftment Centre (INUCE Nepal), National Coalition Against Racial Discrimination (NCARD), Backward Society Education(BASE) Nepal, Aliansi Masyarakat Adat Nusantara(AMAN), and Asia Indigenous Peoples’ Pact Foundation(AIPP).

 

Madame Chair, 

We would like to express our deep and sincere appreciation to Professor James Anaya , the UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples for his successful mission to Nepal from November 24 to December 2, 2008. His visit to Nepal highlighted the critical issues relating to the rights of indigenous peoples in Nepal.

Madame Chair, 

We would like to draw your kind attention to the systematic, de jure and de facto exclusion of Indigenous Peoples in the Constitution making process of Nepal. The Constitution making process is now underway through the Constituent Assembly where indigenous peoples are prohibited to participate through their own representative organizations chosen in accordance with their own process. The Constituent Assembly members were selected from among candidates chosen by political parties, which are dominated by non- indigenous actors and have their own political agenda. As a result, indigenous delegates to the Constituent assembly are bound by the interest and strict voting discipline of political parties, instead of being accountable to indigenous organizations and communities.

Likewise, indigenous women are dramatically under-represented in the Constituent Assembly. Furthermore, the Constituent Assembly is an important avenue to fundamentally address and resolve the issues, concerns, and problems of indigenous peoples in order to correct historical injustices towards them from resulting from the implementation of state laws and policies that suppressed, marginalized, discriminated, excluded and subjugated indigenous peoples across Nepal.

Madame Chair,  

Indigenous Peoples of Nepal have been consistently raising their collective voice for their direct representation in the Constituent Assembly. According to the preamble of the 2007 interim Constitution of Nepal, it stipulates that Nepali peoples shall make their own Constitution by themselves and the Article 63 (c) guarantees the representation of indigenous peoples in the Constituent Assembly.  Similarly, Nepal is a party to the Convention for the Elimination of Racial Discrimination (CERD), ILO Convention 169, International Convention on Civil and Political Rights (ICCPR), Convention of Economic, Social and Cultural Rights (IESCR); and has favorably voted for the adoption of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) that guarantee indigenous peoples rights to participate in the legislative decision making process. However, none of the aforementioned Constitutional and legal rights are being complied with by the government of Nepal in the processes of the Constituent Assembly.

In this context, we highly welcome the recommendations made by the Special Rapporteur, James Anaya in his official mission to Nepal relating to the participation of indigenous peoples in the Constituent Assembly, and the establishment of a thematic Committee for the principle of Free Prior and Informed Consent (FPIC) in the Constitution-making process. We also welcome the letter of the Committee for the Elimination of all forms of Racial Discrimination (CERD) concerning the participation of indigenous peoples in the Constitution- making process.  Ironically, the consistent voice of indigenous peoples for the implementation of these recommendations continues to be ignored by the government of Nepal. Thus, the government of Nepal continues to perpetuate the systematic exclusion of indigenous peoples in state restructuring process, which is contrary to its commitment for inclusive democracy toward the establishment of a federal republic. 

Madame Chair, 

We strongly recommend to the UN Permanent Forum on Indigenous Issues (UNPFII) to encourage the government of Nepal to comply with the recommendations made by the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples and the Committee on the Elimination of all forms of Racial Discrimination for the direct participation of representatives of indigenous peoples according to their own selection process to the Constitution making and other processes of the state. We also call upon the Permanent Forum to recommend to the Office of the High Commissioner on Human Rights and the Special Rapporteur to carry out follow-up activities in relation to the implementation of the recommendations made by the Special Rapporteur in his Official visit to Nepal.

Thank you Madame Chair.

 

-Bijaya Subba at UNPFII 8th Session, UN Headquarters, New York

 

Photo: eEyeCam

 

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