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  • Nepal: Promise for a National Institution on Indigenous Janjatis

    As reported in April to June 2007 issue of Indigenous Rights Quarterly, Asian Indigenous Tribal Peoples Network (AITPN) in cooperation with Kirat Welfare Society organised a “National Seminar on Transition in Nepal and the Role of National Institutions on Indigenous Peoples” in Kathmandu, Nepal on 2-3 May 2007. The national seminar highlighted the failure of the National Foundation for Development of Indigenous Nationalities (NFDIN) and all the participants recommended the need for establishment of a National Commission on Indigenous Janjatis. In fact, a model law on the National Commission for the Adivasi Janjatis was adopted.

    In its “National Seminar on Transition in Nepal and the Role of National Institutions on Indigenous Peoples” in May 2007, AITPN for the first time floated the idea of a National Commission for the Janjatis. It was endorsed by then Representative of OHCHR to Nepal, Ms Lena Sundh and rightly included in the demands of the Janjatis. The model law on the National Commission for the Janjatis prepared by AITPN is also available in Nepali.
    The establishment of a National Commission on the Janjatis was included as one of the main demands by the Indigenous Nationalities Joint Struggle Committee (INJSC) which has been spearheading the movement of the indigenous nationalities for ensuring their rights in the transition period.

    The establishment of a National Commission on the Janjatis was included as one of the main demands by the Indigenous Nationalities Joint Struggle Committee (INJSC) which has been spearheading the movement of the indigenous nationalities for ensuring their rights in the transition period.

    After 10 rounds of discussion, Minister for Peace and Reconstruction, Ram Chandra Poudel on behalf of the government of Nepal and Dr Om Gurung of the Nepal Federation of Indigenous Nationalities (NEFIN) and KB Gurung of the Indigenous Nationalities Joint Struggle Committee representing the indigenous nationalities signed the 20-Point Agreement on 7 August 2007. The 20-Point Agreement among others provided for at least one representation from each of the 59 officially recognized indigenous nationalities in the Constituent Assembly, which will draft the country's new constitution, formation of a "state restructuring commission" and the establishment of a national commission on the Janjatis.

     

    Following the agreement, the NEFIN withdrew all of its protest programmes.

     

    The text of the 20-point agreement is given below:

     

    • While nominating candidates for the first-past-the-post electoral system arranged for the constituent assembly election in the present constitution, candidacy will be determined so as to ensure proportional representation of all castes and janajatis.
    • While preparing a proportional list, all political parties participating in the election will make arrangements to ensure representation of each of the listed indigenous janajati communities. 
    • In case a listed indigenous janajati group is unable to secure its representation through both electoral systems, the Government of Nepal and the eight parties will reach a mutually acceptable conclusion in order to ensure that there is at least one representative of such a group and that the representation is legal and constitutional.
    • A state restructuring commission will soon be formed to present recommendations to the constituent assembly regarding a federal state structure based on ethnicity, language, geographic region, economic indicators and cultural distinctiveness while keeping national unity, integrity and sovereignty of Nepal at the forefront. The commission will include indigenous janajatis, Madhesis, dalits, women and eminent experts from various groups, regions and communities.    
    • A commission for indigenous janajatis will be formed.
    • While so far only Nepali has been recognised as the government's official language, the constituent assembly will also make arrangements to give recognition to locally spoken mother tongues along with Nepali. The government will remain committed towards ensuring linguistic rights of its citizens.
    • Arrangements will be made for the general public to seek and receive information on matters of public importance, including the constituent assembly, in their respective mother tongues.
    • The Government of Nepal has agreed in principle that all groups, genders, communities, castes and ethnicities should be represented in political parties at all levels. A fully representative task-force will be formed immediately to conduct a study in order to ensure inclusive participation and proportional representation of all castes, ethnicities, groups, communities, genders and regions in all bodies and levels of the state.  
    • All sectors will take initiatives to practically implement their legal and policy-level commitments to ensuring inclusive and proportional representation of all genders, classes, regions and communities, including indigenous janajatis in all bodies and levels of state.      
    • A system will gradually be developed to receive advice and consultation from concerned groups and bodies while making important decisions regarding various groups, regions, genders and communities, including indigenous janajatis.
    • Arrangements will be made to immediately pass the proposal to ratify and adopt Convention 169 of the International Labour Organisation. 
    • Appropriate steps will be immediately taken to complete the necessary legal process for adopting the United Nations Declaration on the Rights of Indigenous Peoples.
    • A District Coordination Commi-ttee for indigenous janajatis will be formed in a democratic and transparent manner. Also, high importance will be given to the involvement of the Nepal Federation of Indigenous Nationalities and the National Federation of Indigenous Women in this process.
    • In keeping with the spirit and sentiment of gender mainstreaming in development plans and programmes, including interim planning, and paying attention to women and diversity in programme implementation and profit sharing, emphasis will be laid upon participation of women from indigenous janajati, dalit and Madhesi groups.
    • As party to the Convention on Biodiversity, the country will ensure that the traditional knowledge, skills, practices and technology of indigenous janajatis are harnessed and preserved.
    • The country will honour the renowned geographer Dr. Harka Gurung. 
    • Arrangements will be made to provide Rs. 1 million each as relief and compensation to the families of all the Nepalis who died in the helicopter crash in Ghunsa, Taplejung.
    • The process started by the government to find a permanent solution to the problems faced by freed kamaiyas (bonded labourers) will be taken forward in an effective manner as per the agreement.
    • The government will make a serious effort to reach an agreement for addressing the demands of various groups and communities, including Madhesis, women and dalits through talks and discussions with the respective groups.
    • Nepal Federation of Indigenous Nationalities, Indigenous Nationalities Joint Struggle Committee and National Indigenous Women Federation request all indigenous communities in the country to unite for the success of the upcoming constituent assembly election.
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