Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Nepal (Ratification: 2007)

Articles 3–4 of the Convention. Human rights and fundamental freedoms. Special measures. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination expressed concerns about the reports of severe harassment of indigenous leaders, including members of the Tharu people, by State agents (CERD/C/NPL/CO/17-23, May 2018). The Committee also notes that concerns about threats and retaliations against indigenous peoples and their defenders protesting against projects affecting their rights have been raised on various occasions by United Nations mandate holders (See, for example, JAL NPL 2/2023; JAL NPL 2/2022; NPL 1/2021). The Committee emphasizes the need to guarantee that indigenous peoples can fully exercise, in freedom and security, the rights established by the Convention and to ensure that no force or coercion is used in violation of their human rights and fundamental freedoms. The Committee requests the Government to provide information on the measures taken to guarantee a climate free of any kind of violence for indigenous peoples and their defenders, including information on the steps taken to prevent, investigate and punish the excessive use of force by public law enforcement bodies against indigenous persons in the context of protests in defense of their rights. Please also provide examples of legal proceedings taken by indigenous peoples,individually or through their representative bodies, to protect their rights, as well as information on any obstacles encountered and special measures therefore adopted to address those obstacles.

Article 6. Consultation on legislative and administrative measures. Following its previous comments on the progress made in the development of procedures for the consultation of indigenous peoples on legislative or administrative measures that may affect them directly, the Committee noted that the Constitution of Nepal provides that special arrangements have to be made to ensure the participation of indigenous nationalities (Adivasi Janajati) in decision-making concerning them (art. 51 (j)). The Committee also noted that the Ministry of Federal Affairs and Local Development had begun to systematize consultation procedures with the Adivasi Janajati. The Government has also indicated that the representation in the National Assembly, Provincial and villages assemblies is based on the principle of inclusion and that the Government consults with the National Foundation for Development of Indigenous Nationalities (NFDIN) when formulating and implementing policies, plans and programmes to reflect the issues and concerns of indigenous communities. The Committee recalls that the Convention enshrines the right of indigenous peoples to be consulted as a tool for ensuring the full participation of indigenous peoples in decisions that affect them. Article 6 of the Convention provides for the obligation to establish appropriate mechanisms for consultation with the indigenous peoples whenever consideration is being given to legislative or administrative measures which may affect them directly; and particularly before undertaking or permitting any programmes for the exploration or exploitation of existing resources pertaining to their lands. The Committee therefore requests the Government to indicate the specific procedures established to consult with indigenous peoples on legislative or administrative measures that may affect them directly, including information on the measures taken to ensure that they are consulted and can participate in an appropriate manner, through their representative institutions, in the design of such consultation procedures. The Committee also requests the Government to provide concrete examples of consultation processes with indigenous peoples and on their functioning that can allow the Committee to assess the status of implementation of Article 6 of the Convention.

Articles 13–14. Land rights recognized and protected. Previously, the Committee noted the adoption of the 2012 Land Use Policy and the findings of the Scientific Land Reform Commission, which revealed that the rates of land ownership by the Adivasi Janajati are low. The Government indicated that it was making efforts to implement the recommendations arising out of the report on land reform elaborated by the Commission and that it was updating inventories of the lands, landowners and tenants.

The Committee notes that the United Nations Special Rapporteur on extreme poverty and human rights, in his report on the visit to Nepal in 2022, highlighted that inequalities in access to land remain important. Moreover, the Special Rapporteur noted that the lack of practical protections for land users, despite the guarantees of the 1964 Lands Act, particularly affects indigenous people, with most national parks and other “protected areas” having been established on the ancestral lands of indigenous peoples, many of whom were evicted and have since remained landless. By some estimates, as of 2015, about 65 per cent of ancestral lands formerly owned by indigenous peoples had been replaced with national parks and reserves, forcing many Adivasi Janajati to relocate elsewhere (A/HRC/50/38/Add.2, May 2022).

The Committee urges the Government to take the necessary measures to recognize and protect the rights of Adivasi Janajati over the lands that they traditionally occupy or use, in accordance with Articles 13 and 14 of the Convention, and to provide information in this regard. In this connection, the Committee requests the Government to provide information on: (i) the progress made in the identification of lands traditionally occupied by the Adivasi Janajati; (ii) land entitlement and registration processes, including indications on the surface area covered by land title and the beneficiary communities; and (iii) whether procedures exist to resolve land claims by the Adivasi Janajati, together with examples illustrating their use.

The Committee is raising other matters in a request directly addressed to the Government.