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.
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.


