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

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

Article 1 of the Convention. Scope of application. The Committee recalls that under the National Foundation for Development of Indigenous Nationalities (NFDIN) Act, 2002, 59 indigenous nationalities (Adivasi Janajati) were formally recognized. It notes that, in its report, the Government indicates that, on 18 May 2023, the Annex to the NFDIN Act was amended to add the “Ranatharu“ to the list. The Committee also notes that, according to the 2021 National Population and Housing Census, indigenous nationalities represent 35.08 per cent of the total population. The Committee recalls that, previously, the Government indicated that the National Planning Commission and the Central Bureau of Statistics had jointly started to collect data on the status of the different castes and ethnic groups in the country, including indigenous and tribal peoples, in relation to national development. The Committee requests the Government to provide information on the results of the 2021 National Population and Housing Census as they concern indigenous peoples as well as on any additional data gathered by the National Planning Commission and the Central Bureau of Statistics.Please also continue to provide information on any future amendments to the schedule of Adivasi Janajati contained in the National Foundation for Development of Indigenous Nationalities Act 2002.

Articles 2 and 33. Coordinated and systematic action. The Committee recalls that article 261 of the 2015 Constitution established the Adivasi Janajati Commission, whose functions and organization are to be regulated by federal laws. It also recalls that the Government previously indicated that the Ministry of Federal Affairs and Local Development (MoFALD) is responsible for coordinating the various activities relating to the Convention through its Gender Equality and Social Inclusion section and 75 Adivasi Janajati District Committees, along with Village Development Committees, in which the Adivasi Janajati are represented. The Committee notes that the Adivasi Janajati Commission Act adopted in 2017 provides, among other things, that the Commission shall study the overall situation of indigenous peoples and formulate recommendations with regard to areas where policy, legal and institutional reforms may be needed and shall elaborate special programmes for the development of indigenous peoples. In addition, the Committee notes the Government’s information about the development of the Indigenous Nationalities Rights and Sustainable Development Action Plan 2022 and the adoption of a five-year strategy based on the Convention. The Committee also notes the Fifteenth Five-Year Plan 2019/20–2023/24, adopted by the National Planning Commission, which addresses themes relevant to the protection of the rights of indigenous and tribal peoples.

The Committee requests the Government to provide detailed information on the activities undertaken by the Adivasi Janajati Commission pursuant to the Adivasi Janajati Commission Act of 2017, in particular on the recommendations that it has formulated in its annual reports as well as on the programs developed. The Committee also requests the Government to provide information on the content, objectives and measures contemplated in the Indigenous Nationalities Rights and Sustainable Development Action Plan 2022 and the five-year strategy based on the Convention, and their implementation, including their impact on promoting the realization of indigenous peoples’ rights. Please also indicate how the participation of indigenous peoples was ensured in the development of these documents and continues to be ensured in their implementation. In addition, the Committee requests the Government to provide information on the implementation of the Fifteenth Five-Year Plan 2019/20–2023/24as far as it relates to the application of the Convention. Furthermore, the Committee request the Government to provide information on the actions taken by the MoFALD, in coordination with Adivasi Janajati District Committees and Village Development Committees, to guarantee the application of the Convention.

Article 5. Preservation of indigenous values. Protection of cultural heritage. The Committee requests the Government to provide information on the impact of the National Cultural Policy on the preservation of indigenous peoples’ values, practices and institutions and on the activities undertaken by the Intangible Cultural Heritage Preservation Council, indicating how indigenous peoples concerned have participated in and cooperated with the Council. Noting the adoption in 2017 of Local Government Regulation Act, under which municipalities commit to the promotion, preservation, and protection of language, religion, culture of indigenous peoples, the Committee also requests the Government to provide information on the relevant measures adopted at municipal level to preserve indigenous peoples’ cultures.

Article 7. Participation. Development. Recalling the adoption of the Fifteenth Five-Year Plan 2019/20–2023/24, the Committee requests the Government to indicate how it has ensured indigenous peoples’ right to decide their own priorities for the process of development and to what extent those priorities have been captured in the Plan and/or in other relevant plans and strategies. The Committee also requests the Government to provide information on the manner in which it ensures that indigenous peoples exercise control, to the extent possible, over their own economic, social and cultural development and participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.

Articles 8–10. Customary laws. Imposition of penalties. The Committee takes note of the adoption of the Criminal (Code) Act, 2017, and the Criminal Procedure (Code) Act, 2017. The Committee requests the Government to indicate to what extent the methods customarily practiced by the peoples concerned for dealing with offences committed by their members are taken into consideration by the judiciary. Please provide information on any relevant judicial decisions taken in this regard.

Article 12. Legal proceedings. The Committee requests the Government to indicate the methods that have been applied to ensure that members of indigenous peoples can understand and be understood in legal proceedings. Referring to its previous comments, the Committee also requests the Government to provide information on the measures taken by the National Foundation for Development of Indigenous Nationalities (NFDIN) to support Adivasi Janajati to assert their rights.

Article 15(1). Natural resources. The Committee requests the Government: (i) to provide information on the impact of the measures taken to support the participation of the Adivasi Janajati in the use, management and conservation of forest resources; and (ii) to indicate how the rights of indigenous peoples to natural resources pertaining to their traditionally occupied lands are specially safeguarded by national legislation.

Article 15(2). Natural resources. Referring to its previous comments, the Committee notes the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination about the absence of laws guaranteeing the rights of indigenous peoples to own, use and develop their traditional lands and resources, and allegations that these rights have been violated in the context of hydropower, road widening and other development activities that are often accompanied by involuntary displacement (CERD/C/NPL/CO/17-23). The Committee notes that in 2023 the Government adopted the National Action Plan on Business and Human rights comprising six thematic areas, including one on indigenous peoples that specifically recognizes the importance of meaningful participation, free, prior and informed consent and customary institutions. The Committee requests the Government to provide information on the measures taken, including under the National Action Plan on Business and Human Rights, to ensure that indigenous peoples are consulted before undertaking or permitting any programmes for the exploration or exploitation of resources pertaining to their traditionally occupied lands; and that they participate in the benefits of such activities, wherever possible, and receive fair compensation for any damages which they may sustain as a result of such activities.

Article 16. Relocation. The Committee refers to the information on relocation of indigenous peoples due to the establishment of national parks and reserves reported by the UN Special Rapporteur on extreme poverty and human rights (A/HRC/50/38/Add.2) and on the involuntary displacements connected to hydropower, road widening and other development activities reported by the United Nations Committee on the Elimination of Racial Discrimination, which were noted above (CERD/C/NPL/CO/17-23). The Committee recalls that the Government has previously indicated that a policy on land acquisition, compensation, resettlement and other support was under consideration by the Council of Ministers. The Committee requests the Government: (i) to provide information on the progress made in the process of adopting regulations to ensure that indigenous communities are not removed from their traditionally occupied lands, except in the extraordinary circumstances provided for by the Convention; and (ii) to describe the steps taken to obtain the free and informed consent of indigenous communities before relocation, and the procedures to be followed when their consent cannot be obtained.

Article 17. Transmission of land. Consultation. The Committee requests the Government to indicate how the existing legislation and policies on land transmission provide for consultation with indigenous peoples whenever consideration is being given to the capacity of these peoples to alienate their lands or otherwise transmit their rights outside their own community.

Article 19. Land reform. The Committee notes the adoption of the Agriculture Development Strategy (ADS) 2015–2035 which has, among its targets, raising the agricultural productivity and incomes of small-scale food producers in particular women and indigenous peoples through secure and equal access to land and other productive resources. The Committee requests the Government to indicate how Adivasi Janajati communities have benefited from the ADS and other agricultural development programmes and how their views are taken into account in the formulation and implementation of such programmes.

Article 20. Conditions of work. The Committee requests the Government to indicate the action taken to prevent all discrimination in relation to the various measures covered by Article 20(2) of the Convention, and to ensure adequate labour inspection in the areas where indigenous workers are mostly employed.

Articles 21–23. Training and participation. The Committee requests the Government to provide information on the measures taken to promote the voluntary participation of members of indigenous peoples in vocational training programmes of general application, as well as on any special training programmes implemented based on the economic, environmental, social and cultural conditions of indigenous peoples.

Article 25. Health services. The Committee recalls that the Ministry of Health has launched a Gender and Social Inclusion Programme with the aim of providing access to health services for underprivileged sectors of the population, which recognizes traditional health systems and practices. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women expressed concerns about the persistent discrimination by healthcare providers against indigenous women (CEDAW/C/NPL/CO/6, November 2018). The Committee requests the Government to provide information on the activities carried out by the Gender and Social Inclusion Programme to ensure that adequate health services are made available to the Adivasi Janajati, and on any obstacles encountered and special measures adopted. Please also provide information on the measures taken to prevent and address any discrimination by healthcare providers against indigenous individuals. The Committee furthermore requests the Government to indicate to what extent health services available are community-based and to describe how these services have been administered in cooperation with the peoples concerned.

Articles 26–28. Education. The Committee notes that the UN Committee on the Elimination of Discrimination against Women expressed concerns about the lower enrolment and higher drop-out rates among girls from indigenous groups, among others (CEDAW/C/NPL/CO/6). The Committee requests the Governmentto provide information on school enrolment, retention and completion of members of Adivasi Janajati at all levels, disaggregated by sex. Please indicate how indigenous peoples have been involved in the formulation and implementation of educational programmes and services concerning them and to what extent these programmes and services address their special needs, and incorporate values and practices. Recalling that under the 2017 Local Government Regulation Act, municipalities commit to the promotion, preservation, and protection of the language of indigenous peoples, the Committee requests the Government to provide information on the measures taken to ensure that indigenous children are taught to read and write in their own indigenous language.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observations from the International Organisation of Employers (IOE). In observations transmitted to the Government in October 2014, the IOE describes the difficulties encountered by governments in implementing proper consultation processes due to an insufficient understanding of the requirements of the Convention. The Committee requests the Government to make any comments it deems appropriate on the observations made by the IOE. It also asks the Government, when preparing its next report, to consult the social partners and interested indigenous organizations, as requested by the report form.

Article 1 of the Convention. Scope of application. The Committee notes that the Constitution promulgated in September 2015 recognizes, under article 3, that Nepal is a multi-lingual, multi-religious and multi-cultural nation. The Government indicates in its report that the study prepared by the High-Level Task Force responsible for revising the schedule of Adivasi Janajati (indigenous and tribal peoples) is under consideration by the relevant committee of the Council of Ministers, before being sent to Parliament for discussion of the amendments to the National Foundation for Development of Indigenous Nationalities (NFDIN) Act, 2002. The criterion of “self-identification” was taken as one of the fundamental guidelines for the preparation of the study. The Committee notes that the 2011 census recorded the existence of 64 groups regarded as indigenous and tribal peoples. The Government indicates that the National Planning Commission and the Central Bureau of Statistics have jointly started to collect data on the status of the different castes and ethnic groups in the country, including indigenous and tribal peoples, in relation to national development. The Committee requests the Government to provide information on the progress made in amending the schedule of Adivasi Janajati contained in the NFDIN Act, 2002.

Articles 2 and 33. Coordinated and systematic action. The Committee notes that the 2015 Constitution created the Adivasi Janajati Commission, whose functions and organization are to be regulated by federal laws. The Government indicates in its report that the Ministry of Federal Affairs and Local Development (MoFALD) is responsible for coordinating the various activities relating to the Convention through its Gender Equality and Social Inclusion section and 75 Adivasi Janajati District Committees. It adds that coordination mechanisms for the application of the Convention have been reinforced through the establishment of Village Development Committees, in which the Adivasi Janajati are represented. The Committee notes that the National Action Plan for Indigenous Peoples has not yet been adopted. It also notes that the Government refers to the Convention as the basis for determining the measures that are needed to enable the realization of the economic, social and cultural rights of indigenous peoples. The Committee requests the Government to provide information on the actions taken by the MoFALD, in coordination with Adivasi Janajati District Committees and Village Development Committees, to guarantee the application of the Convention. Please also include information on the operation of the Adivasi Janajati Commission and on the progress made in adopting and implementing a National Action Plan for Indigenous Peoples.

Articles 3–4. Human rights applied without discrimination. Special measures. The Government indicates that it has adopted a National Human Rights Action Plan for the period 2014–19, under the 1993 Vienna Declaration and Programme of Action. One of the cross-cutting themes of this Plan is the inclusive development of indigenous peoples. The Government adds that the competent government entities, in consultation with indigenous peoples, have launched initiatives to review the Country Code and other national laws to bring them into conformity with the Convention. The Committee requests the Government to provide information on the impact of the action taken for the inclusive development of indigenous peoples within the framework of the National Human Rights Action Plan. It also requests the Government to provide information on the special measures taken, with the participation of indigenous peoples, to safeguard the persons, property, cultures and environment of indigenous communities, especially in the areas affected by the 2015 earthquake.

Article 5. Preservation of indigenous values. Protection of cultural heritage. The Government indicates that it has given priority to the implementation of the National Cultural Policy for the preservation of the cultural heritage of the different communities, ethnicities and caste groups. The Committee notes the creation of the Intangible Cultural Heritage Preservation Council, which is responsible for documenting and preserving the intangible cultural heritage of the country, including that of the Adivasi Janajati. The Government indicates that indigenous peoples can participate in the planning and implementation of the activities of the Council. The Committee requests the Government to provide further information on the impact of its National Cultural Policy. It also requests the Government to provide information on the activities undertaken by the Intangible Cultural Heritage Preservation Council, indicating how indigenous peoples concerned have participated in and cooperated with the Council.

Article 6. Consultation on legislative and administrative measures. The Committee notes with interest that 27 per cent of the seats in the 2013 Constituent Assembly were reserved for representatives of the Adivasi Janajati. It notes that article 42 of the 2015 Constitution recognizes the right of the Adivasi Janajati to take part in the organization of the State’s institutions on the basis of the principle of inclusion. The Constitution provides for the reservation of seats for Adivasi Janajati in legislative organs. The Government indicates that the MoFALD has begun to systematize consultation procedures with the Adivasi Janajati, both at the village and district levels. The Committee notes that Adivasi Janajati District Coordination Committees are responsible for consulting concerned stakeholders on issues relating to district level planning. The Committee requests the Government to provide information 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. It also requests the Government to indicate the measures taken to ensure that indigenous peoples are consulted and can participate in an appropriate manner, through their representative institutions, in the design of consultation procedures. Please also provide information on existing consultation mechanisms with indigenous peoples and on their functioning.

Article 7. Participation. Development projects. The Committee notes that article 51(j) of the 2015 Constitution establishes the obligation of the State to make special arrangements to ensure the participation of the Adivasi Janajati in decision-making processes that concern them. The Government indicates that its Thirteenth Plan (2014–16) defines social inclusion as one of the key aspects of national social, economic and cultural development. It adds that indigenous peoples can participate in planning and development processes through machinery established at the local level. For this purpose, the relevant ministries have adopted directives to include indigenous peoples in the various user groups and other local management committees. The Government indicates that the Ministry of Forest and Soil Conservation has been implementing procedures for the inclusion of indigenous peoples in community forest user groups. It also reports that, in order to improve the living conditions of indigenous peoples, the Poverty Alleviation Fund has implemented social inclusion programmes. The Committee requests the Government to provide information on the measures taken to promote the development of areas inhabited by indigenous communities, with an indication of how the participation of these communities in the formulation, implementation and evaluation of such measures is guaranteed. Please also indicate whether studies have been carried out to assess the impact of planned development activities on the Adivasi Janajati and how they have been associated with them. The Committee further requests the Government to provide information on the measures taken to protect and preserve the environment of the territories inhabited by the Adivasi Janajati, indicating how their participation in the drafting and implementation of these measures have been ensured.

Articles 8–10. Customary laws. Imposition of penalties. The Committee notes the adoption of the Mediation Act, 2012, containing provisions on community-based mediation. It also notes that a draft criminal code recognizing indigenous customary laws and practices in criminal matters is under consideration by Parliament. The Government indicates that courts give due consideration to the economic and social conditions of offenders when determining penalties. The Committee requests the Government to provide information on the application of the Mediation Act, 2012, in resolving conflicts involving members of indigenous communities. Please provide examples of the practice followed in accordance with the methods customarily used by indigenous peoples to deal with offences committed by their members, including examples of judicial decisions in this regard.

Article 11. Prohibition of compulsory personal services. The Government indicates that it has set up committees for the rehabilitation of freed Kamaiyas (bonded agricultural labourers) at both the central and district levels. It reports that kamaiya households have received financial support from the Government to buy lands and for the education, training and employment of freed Kamaiyas. The Government adds that it has started legal action against those who hire young girls as Kamlari (girls sold into indentured labour). A total of 3,573 Kamlaris benefited from capacity building programmes in the 2012–13 period. The Committee requests the Government to continue to provide information on the impact of the measures adopted with a view to preventing, supressing and punishing the exaction of compulsory personal services by members of indigenous peoples.

Article 12. Legal proceedings. The Government indicates that economically marginalized groups receive legal assistance under the Legal Aid Act, 1997. The National Foundation for Development of Indigenous Nationalities (NFDIN) and representative organizations of indigenous peoples also provide support to the Adivasi Janajati to assert their rights. The Committee requests the Government to indicate the methods that have been applied to ensure that members of indigenous and tribal peoples can understand and be understood in legal proceedings.

Articles 13–14. Land rights recognized and protected. The Committee notes the adoption of a Land Use Policy in 2012 aimed at preserving lands of historical, cultural, religious and geographical value. It notes that in 2010 the Scientific Land Reform Commission concluded a report on land reform in Nepal. The report reveals that the rates of land ownership by the Adivasi Janajati are low. The Government indicates that it is making efforts to implement the Commission’s report recommendation. In this regard, policies and programmes have been adopted to distribute land among landless people. The Committee requests the Government to provide more specific information on the progress made in the identification of lands traditionally occupied by the Adivasi Janajati. Please also provide information on land entitlement and registration processes, including indications on the surface area covered by land title and the beneficiary communities. The Committee also requests the Government to indicate whether procedures exist to resolve land claims by the Adivasi Janajati, together with examples illustrating their use.

Article 15(1). Natural resources. The Committee notes that the Community Forestry Guideline, 2008, provides for the inclusion of the Adivasi Janajati in the Executive Committees of forest user groups. Some 37 per cent of households involved in community forestry groups belong to Adivasi Janajati communities. The Committee notes the establishment of District Forest Coordination Committees, which include representatives of the Adivasi Janajati. The Government indicates that it has designated 20 protected areas comprising traditional indigenous territories, and that 30 to 50 per cent of the revenues generated by protected areas are to be spent on programmes designed by indigenous communities. The Committee requests the Government to provide information on the impact of the measures taken to support the participation of the Adivasi Janajati in the use, management and conservation of forest resources. Please also indicate how the rights of indigenous peoples to natural resources pertaining to their traditionally occupied lands are safeguarded by national legislation.

Article 15(2). Natural resources. Water resources. The Committee notes that the Government has outlined a procedure for environmental impact assessment of infrastructure development projects, including hydro power projects and road construction. This procedure envisages consultations with the local population, including the Adivasi Janajati. The Government indicates that it has facilitated a model for the distribution of the benefits of hydro power production to local communities. The Committee requests the Government to provide more specific information on the procedures envisaged for the consultation of the indigenous communities affected by resource extraction projects. Please indicate how indigenous peoples participate in the benefits of programmes for the exploitation of natural resources pertaining to their traditionally occupied lands.

Article 16. Relocation. The Government indicates that relocation is regulated by the Land Acquisition Act, 1977. It adds that, in the event of relocation, landowners are entitled to monetary compensation or resettlement. The Committee notes that a policy on land acquisition, compensation, resettlement and other support is under consideration by the Council of Ministers. The Committee requests the Government to provide information on the progress made in the process of adopting regulations to ensure that indigenous communities are not removed from their traditionally occupied lands, except in the extraordinary circumstances provided for by the Convention. Please also describe the steps taken to obtain the free and informed consent of indigenous communities before relocation, and the procedures to be followed when their consent cannot be obtained.

Article 17. Transmission of land. Consultation. The Committee notes that matters relating to land transmission are regulated by the Land Act, 1964, and the Revenue Act, 1977. The Government indicates that indigenous peoples are free to transfer their land entitlements among their members. The Committee requests the Government to indicate how the existing legislation and policies on land transmission provide for consultation with indigenous peoples whenever consideration is being given to the capacity of these peoples to alienate their lands or otherwise transmit their rights outside their own community.

Article 18. Intrusion on indigenous lands. The Government indicates that any encroachment or intrusion on the lands of the Adivasi Janajati is prohibited by law and that legal action can be taken against the infringement of land ownership rights. The Committee requests the Government to indicate the measures taken to prevent intrusion on the lands of indigenous peoples.

Article 19. Land reform. The Government indicates that the Adivasi Janajati are guaranteed treatment equivalent to that accorded to other sectors of the population in relation to means to promote land development. The Government indicates that the Agriculture Perspective Plan, implemented between 1995 and 2014, introduced policies to empower the Adivasi Janajati in agricultural development programmes. The Committee requests the Government to further describe how Adivasi Janajati communities have benefited from agricultural development programmes. Please also indicate how the views of the Adivasi Janajati are taken into account in the formulation and implementation of such programmes.

Article 20. Conditions of work. The Government indicates that it has initiated a youth employment programme for economically deprived groups, including the Adivasi Janajati. This programme provides support to unemployed youth and people with traditional skills to engage in income-generating activities. The Government reports that, by mid-June 2013, a programme conducted with the support of the Youth and Small Entrepreneur Self-Employment Fund generated self-employment for 13,862 young people in areas such as animal husbandry, agriculture, floriculture and cottage industries. The Government indicates that it is working, within the framework of its Labour and Employment Policy, to ensure access of the Adivasi Janajati to employment. The Committee requests the Government to provide information on the impact of the special measures taken, in cooperation with the Adivasi Janajati, to ensure effective protection with regard to recruitment and conditions of employment, particularly of young workers. Please also indicate the action taken to prevent all discrimination in relation to the various measures covered by Article 20(2) of the Convention, and to ensure adequate labour inspection in the areas where indigenous workers are employed.

Articles 21–23. Training and participation. The Government indicates that the Technical and Vocational Training Council allocates 5 per cent of its scholarships to the Adivasi Janajati. It indicates that the Ministry of Industry has implemented a Micro-Enterprise Development Programme, in which emphasis is placed on the traditional skills of indigenous peoples, and that 38 per cent of the beneficiaries of the programme belong to the Adivasi Janajati. The Committee requests the Government to provide information on the impact of the measures taken to promote the voluntary participation of members of indigenous peoples in vocational training programmes of general application, as well as on any special training programmes implemented based on the economic, environmental, social and cultural conditions of indigenous peoples.

Article 24. Social security. The Committee notes that in 2012 and 2013, 18,828 members of endangered indigenous groups and about one third of Adivasi Janajati senior citizens over 70 years of age benefited from social security coverage. The Government indicates that the social security scheme is gradually expanding each year. The Committee requests the Government to provide information on the measures taken to continue expanding the coverage of the social security scheme to the Adivasi Janajati.

Article 25. Health services. The Government indicates that the Ministry of Health has launched a Gender and Social Inclusion Programme with the aim of providing access to health services for underprivileged sectors of the population. It indicates that traditional health systems and practices are recognized. The Committee requests the Government to provide information on the activities carried out by the Gender and Social Inclusion Programme to ensure that adequate health services are made available to the Adivasi Janajati.

Articles 26–28. Education. The Government reports that, as of November 2012, the total number of registered students from extremely disadvantaged Adivasi Janajati, comprising 22 ethnic groups, was 90,405 at the primary level, 31,513 at the lower secondary level, 14,377 at the secondary level and 2,737 at the higher secondary level. During the 2012–13 period, a total of 59,785 students from highly marginalized Adivasi Janajati groups were granted scholarships to educational institutions. The Government adds that the proportion of teachers belonging to the Adivasi Janajati was 29.4 per cent at the primary level, 18.9 per cent at the lower secondary level and 17.3 per cent at the secondary level. The Committee notes that the Ministry of Education has issued Multilingual Education Implementation Guidelines, according to which children in basic education level can be educated in their mother tongue. The Committee requests the Government to continue providing information on the impact of the measures taken to ensure the education of members of the Adivasi Janajati at all levels. Please indicate how members of the Adivasi Janajati have been involved in the formulation and implementation of educational programmes and services concerning them.

Article 32. Cooperation across borders. The Committee notes that the Government is conducting studies on cross-border issues relating to indigenous peoples living in the China–Nepal frontier zone. The Committee requests the Government to provide information on the outcome of the studies carried out on the situation of indigenous peoples living in frontier areas. Please also provide information on the measures adopted to facilitate contacts and cooperation between indigenous and tribal peoples across borders.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the communication of August 2014, whereby the International Organisation of Employers (IOE) included Nepal in its observations concerning the application of the Convention. It invites the Government to submit any comments it deems appropriate on the observations made by the IOE.

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

The Committee is of the view that the Convention is essentially an instrument for promoting dialogue, consultation and participation. It reminds that Parts VII and VIII of the report form, approved by the ILO Governing Body, state that the Government may find it helpful to consult organizations of indigenous or tribal peoples in the country through their traditional institutions on the measures taken to give effect to the present Convention and in preparing reports on its application. The Committee invites the Government to promote such consultation with the social partners and organizations of indigenous peoples to reply in detail in its next report due in 2013 to the matters raised in this direct request.

Article 1 of the Convention. Self-identification. The Committee notes that 59 groups of indigenous and tribal peoples are recognized through section 2(a) of the National Foundation for Development and Indigenous Nationalities (NFDIN) Act 2002. The adivasis (original inhabitants of the country) form 37.2 per cent of the Nepalese population. The Government states in its report that the process of ascribing identities is complex given the political context in Nepal. The Committee requests the Government to provide information on the actions of the High-level Task Force for Revising Schedule of Adivasi Janajati and on the progress made on the adoption of the bill for amending the schedule of the NFDIN Act 2002.

Articles 2 and 33. Systematic action with participation. Administration. The Government states that, in late 2008, it formed a High-level Task Force under the Chairmanship of Secretary of Ministry of Local Development to review laws, policies and programmes under the Convention. The Committee notes that the public authorities responsible for carrying out these measures include the Ministry of Local Development, the Social Committee of the Council of Ministers, the adivasis’ District Coordination Committees, the NFDIN and the National Human Rights Commission. The Committee further notes that the NFDIN took measures to contribute to uplifting the adivasis by supporting policy initiatives, implementing some relevant programmes, facilitating and following up government and non-governmental agencies and organizations to initiate and implement programmes under the Convention. The Ministry of Local Development is responsible for dealing with issues and development of the adivasis. It restructured its organization and formed the Gender Equality and Social Inclusion section. The Government provided focal points for social inclusion in all ministries. The Ministry of Local Development has also instituted the adivasis District Coordination Committee in all districts. The Cabinet has sent the draft of the National Action Plan for the Implementation of the Convention to the Social Committee of the Council of Ministers for scrutiny and approval. The Committee invites the Government to specify in its next report if there is any institution whose duties include monitoring the general application of the Convention or some mechanism for coordination between the various bodies with respect to protecting the rights of the adivasis. Please indicate the measures taken to ensure that programmes are coordinated, with the participation of the indigenous peoples, at all stages, from planning through to evaluation, in accordance with Article 2(1), and Article 33(2)(a) and (b), of the Convention. The Committee also invites the Government to provide further information on any progress on the National Action Plan and its implementation and its budget implications and on the Ministry of Local Development’s programmes and policies.

Articles 3 and 4. Human rights applied without discrimination. Positive action. In its report, the Government states that article 13 of the Interim Constitution of Nepal 2007 stipulates that discrimination based on religion, race, and other grounds is strictly prohibited with the provision that certain groups or sections of society that are disadvantaged can be especially treated, in a positive way, in order to empower or uplift them. Both article 29 of the Interim Constitution and the Local Self-Governance Act 1999 seek to enhance the participation of all people, including the adivasis, in mobilizing and allocating means for the development of their own region. Under the NFDIN Act 2002, the NFDIN has responsibilities to preserve and promote languages and cultures of the adivasis through programmes regarding protection of people, institutions, cultures, environment and community. Other measures concerning social inclusion are part of the Three-Year Interim Plans (2007–08 to 2009–10) and the sectorial annual plans. The Committee invites the Government to indicate any special measures which have been adopted, in practice, to apply Article 3 of the Convention. The Committee also requests the Government to indicate any special measures which have been found appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the adivasis.

Article 5. Recognition of indigenous peoples’ values. Participation and cooperation. The Government states that it is considering establishing policies, programmes and time-bound studies to mitigate the difficulties faced by the adivasis even though their participation is not yet entirely ensured. The Committee notes that this provision of the Convention was in its initial stages of application during the last reporting period. The Committee invites the Government to provide in its next report an evaluation of the impact of the National Cultural Policy. The Committee also asks the Government to report in detail how the participation and cooperation of the adivasis are ensured in all the matters covered by Article 5 of the Convention.

Article 6. Effective consultations. The Committee notes that the Local Self-Governance Act 1999 provides for participation of the local adivasis in the development process, programmes and outcomes of local bodies. It further notes that the meetings organized by the Ministry of Local Development between governmental agencies, the NFDIN, and affiliated adivasis’ organizations and indigenous experts seek to fill the void and take action. Key decision-makers were discussing measures to be taken on courses of action that include consultation with the adivasis through their representative institutions when making legislative or administrative decisions that may affect them directly. The Committee requests the Government to specify in its next report the manner in which the adivasis are consulted when consideration is being given to legislative or administrative measures which may affect them directly, including in the development of consultation mechanisms. Please also indicate the manner in which the participation of the adivasis in decision-making has been facilitated.

Article 7. Consultation and participation. Impact of projects. The Committee notes that the National Planning Commission directs ministries and local bodies through the Ministry of Local Development to formulate periodic plans with resource estimates and requests ministries to prepare annual programmes with an estimated annual budget based on the periodic plans. The National Planning Commission developed its own standard procedures for formulating, implementing, monitoring and evaluating plans and emphasizes strongly on the participation of the adivasis. The National Planning Commission formally approved the Three-Year Interim Plans formulated by the adivasis’ organizations. The Committee also notes the indications provided in the Government’s report that the adivasis’ rights activists do not feel content with the way the National Human Rights Commission is protecting and monitoring the rights of the adivasis. The Adivasi Janajati Joint Struggle Committee and the then coalition Government were committed to form the Indigenous Peoples’ Commission. The Committee requests the Government to provide in its next report information on the measures taken for the development of the regions and how the participation of the adivasis in the formulation, implementation and evaluation of these measures is assured. Please also indicate whether studies have been carried out to assess the impact on the adivasis of planned development activities and how they have been associated with them. The Committee further requests the Government to indicate the measures taken to protect and preserve the environment of the territories inhabited by the adivasis and how they have been associated with these measures.

Article 8. Customary laws. The Committee notes that the customs and customary laws are recognized by the first Muluki Ain (Country Code) of 1854. The Country Code and the Trust Corporation Act 1976 recognize the authority of the relevant community to manage Guthi (trusts of traditional type). The Committee notes the Government’s intention to study customary laws and social, cultural, religious, economic, political and judicial institutions of the adivasis to formally recognize them. The Committee invites the Government to provide information on the studies performed and examples of the procedures established to resolve conflicts which may arise in the application of Article 8.

Article 9. Customary offences. The Government states that all Nepalese citizens are under the uniform national legal system. The customary or separate laws do not apply to the offences committed by the members of the adivasis except for cases of minor offences resolved by community mediation or local bodies. The legal framework is contained in the Country Code (amended in 1964), the State Cases Act 1993, and the Evidence Act 1976. The Committee invites the Government to provide examples of application of the aforementioned legislation in practice with regard to customary offences.

Article 10. Penalties. The Committee notes that judges have discretion to impose penalties and to make recommendations on mitigating the punishment in two types of penalties, namely life imprisonment and life imprisonment with confiscation of whole property. The Committee invites the Government to provide examples of the practice followed in the application of this Article.

Article 11. Prohibition of compulsory personnel services. The Committee notes that the Government has formed a Commission to resolve problems of rehabilitation of free Kamaiyas (bonded agricultural labourers) to expedite the rehabilitation process. The Government indicates that the vigilance has increased against illegal activities. It has drawn the attention of the relevant agencies to affirmative action programmes. The Committee recalls its previous comments on the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105). The Committee invites the Government to provide further information on the methods of supervision and how they work in practice, as well as the sanctions prescribed to ensure the application of this Article.

Article 12. Legal proceedings. The Government indicates that the Interim Constitution of Nepal 2007 provides discretion to the Supreme Court to issue orders and writs for enforcing any legal right. Through the judiciary, the adivasis may institute legal proceedings to protect their rights. The National Human Rights Commission is also responsible for protecting the adivasis’ human rights. The Government indicates that it legally assists the economically marginalized adivasis in legal proceedings under the Legal Aid Act 1997. The Committee invites the Government to provide further information on the methods used to ensure that members of the adivasis can understand and be understood in legal proceedings. Please also indicate how it is ensured that the adivasis representative organizations are able to take legal proceedings to ensure the rights provided for in the Convention.

Articles 13 and 14. Land rights recognized and protected. The Government indicates that the lack of citizenship certificates hindered the process of obtaining land titles. Communal ownership of lands was abolished by the Land Reform Act 1964. Collective ownership is still in practice. The Land Revenue Act 1978 contains provisions that establish land ownership based on occupancy and use. According to the Government’s report, the Rautes (nomadic communities) are not leading a settled life except for around 35 households in far Western Nepal. The Committee further notes that the Ministry of Land Reform and Management has been taking initiatives to identify lands traditionally occupied by the adivasis and to protect their rights to these lands through the Commission for the Solution of the Problems of Landless People and the High-level Commission relating to the Scientific Land Reform. The Committee requests the Government to indicate in its next report the steps taken to identify the lands concerned and to guarantee the effective protection of the rights of the adivasis to these lands. Please also indicate whether procedures exist to resolve land claims by the adivasis and examples illustrating their use.

Article 15. Natural resources. Water resources. The Government indicates that it encouraged debate on the subject of natural and water resources to gain insights into problems to fulfil obligations under Article 15(1). The Committee notes that the Government emphasizes on participatory conservation. Different community development programmes are being implemented, some with the assistance of international donors in the buffer zones of the protected parks, wildlife reserves, and conservation areas. Although the adivasis are benefiting from these activities, their living conditions have not substantially improved. The Committee notes that no laws and procedures set out the basis for consulting the adivasis as required by this provision of the Convention. The Committee requests the Government to indicate in its next report how the rights of the adivasis to natural resources have been specially safeguarded and how they are exercised. It further requests the Government to indicate whether the State retains the ownership of any resources pertaining to lands and, if so, what procedures exist or are envisaged to apply paragraph 2 of this Article.

Article 16. Relocation. The Committee notes that under Nepalese legislation, people can be removed from their land for different grounds or purposes, which are not in conformity with the Convention. Notices are published in Nepali in the Government daily Nepali newspaper (Gorkhapatra) and sometimes in the national and local daily newspapers published by the private publishing companies. No procedures seem to exist under paragraph 2. The Committee requests the Government to provide in its next report updated information on amendments envisaged or submitted by the authorities to ensure that the adivasis shall not be removed from the lands they occupy (paragraph 1). Please give particulars of the cases in which persons or groups belonging to the adivasis have been removed from their habitual territories and of the measures taken for their relocation and/or compensation (paragraph 2). Please also describe in particular the steps taken to obtain their free and informed consent in such cases and if this could not be obtained through the procedures established by national laws and regulations for taking such decisions (paragraph 3).

Article 17. Transmission of land. Consultation. The Committee notes that customary laws relating to the lands are surviving only among the indigenous communities of some villages of Manang and Mustang districts due to the strong community tradition. The transmission of land rights outside the community is not possible today. The Government states in its report that the current laws are not sufficient and specific regarding the recognition of procedures established by different groups of the adivasis for transmitting land rights among their own members. The Committee also notes that the Land Revenue Offices of Tarai were required in the 1980s to verify the process, protect the adivasis and discourage the land alienation from them. The current laws in Nepal are also inadequate in preventing outsiders to take undue advantage of their customs or lack of understanding of the laws among them to secure ownership, possession or use of lands belonging to them. The Committee requests the Government to provide in its next report updated information on proposed or envisaged amendments of the laws. The Committee also invites the Government to specify what procedures have been established by the adivasis for the transmission of their land rights among their own members, and clarify whether there is any limitation on their right to alienate their lands or otherwise transmit their rights outside their own community (paragraph 1). Please also indicate what measures have been taken to apply paragraphs 2 and 3.

Article 18. Infringements. The Government states that the Country Code 1854 (amended in 1963), the Land Reform Act 1964 and other laws impose penalties on unauthorized intrusion upon or use of lands legally owned and possessed by others. The NFDIN has started discussions for measures to deal with these offences. The Committee requests the Government to provide in its next report an evaluation of the NFDIN’s discussions on the measures to prevent these offences and the sanctions prescribed in case of infringements.

Article 19. Land reform. The Committee notes that the Three-Year Interim Plans (2007–08 to 2009–10) contemplated an agricultural employment programme with the priority to create opportunities for self-employment in villages for the adivasis. The Land Reform Act 1964 (amended in February 2002) provides that lands made available from the new ceiling will be distributed to the freed Kamaiyas and the landless adivasis. In April 2007, the High-level Commission on Scientific Land Reform was formed to study problems of tenant farmers and landless people, issues of use and management and land ceiling problems in increasing productivity of land and recommending measures to end feudal land ownership and to make distribution and management of lands more scientific and just. In 2009, the Government also formed the Commission for the Recommendations on Suggestions of Solving Problems of Landless People, which is studying problems of illegal occupation and settlement, and shanty towns at the outskirts of major cities to recommend measures to address these problems. The Committee requests the Government to provide in its next report an evaluation of the measures undertaken by the High-level Commission on Scientific Land Reform and the Commission for the Recommendations on Suggestions of Solving Problems of Landless People and their impact on the indigenous and tribal peoples of Nepal. The Committee also invites the Government to include more particulars of the national agrarian programmes and of any other measures taken to give effect to this Article and to explain how the views of the adivasis are expressed and taken into account in both Commissions.

Article 20. Conditions of work. The Government indicated in its report that some provisions of the Labour Act 1992 and the Labour Rules 1993 are relevant to give effect to the provisions of the Convention. The Labour Management and Employment Module in the Three-Year Interim Plans (2007–08 to 2009–10) seek to ensure access of the adivasis to employment to avoid discrimination. The Committee notes that measures required by the provisions are yet to be implemented in order to provide the adivasis workers with decent work opportunities. The Committee invites the Government to supply information on the measures taken in the application of paragraphs 2 and 3 of Article 20 and to indicate what measures have been taken to ensure adequate labour inspection in the areas concerned. The Committee further invites the Government to indicate the special measures adopted, within the framework of national laws and regulations, to ensure the protection provided for in paragraph 1. Please also indicate the measures adopted in cooperation with the adivasis to ensure effective protection with regard to recruitment and conditions of employment of workers belonging to the indigenous and tribal peoples.

Articles 21, 22, 23. Training and participation. The Committee notes that the Ministry of Industry, the Ministry of Land Reform and Management, the Ministry of Labour and Transport Management, and the Ministry of Education have started publishing their data on training programmes. The high costs of the training courses threaten and limit the access of the poor adivasis. The Government indicates that the Ministry of Industry has been implementing the Micro-enterprise Development Programme since 1998 with the UNDP’s support. It aims to reduce poverty through developing the knowledge and skills of the adivasis for enterprise management, establishing occupational service institutions and implementing package programmes of assistance to general income and capacity building of small entrepreneurs. The Committee invites the Government to provide further information on the measures taken to enable the adivasis to assure responsibility for the programmes envisaged and implemented. Please also provide further information on the impact of the measures taken with the participation of the adivasis to implement Articles 21, 22 and 23.

Article 24. Social security. The Committee notes that the Government devised a social security scheme to cover the adivasis where each person receives welfare benefits of 1,000 Nepalese rupees per month. The Government reports that a few members of the adivasis benefited from the social security scheme of 100 days in employment in 2007–08, 2008–09 and 2009–10. The Committee further notes that the Government intends to issue cards to provide the adivasis with social security allowances, subsidies, part-time employment and other opportunities. The Committee invites the Government to indicate what measures have been taken to extend the coverage of the adivasis under the social security schemes.

Article 25. Health services. The Government indicates that health posts and sub-health posts are situated in almost every densely populated village. Some 33.6 per cent of doctors belong to the adivasis. The Committee notes that the Ministry of Health and Population prepared a Social Inclusion Strategy in 2008–09 to make services of health institutions effective and accessible for the marginalized adivasis. It also notes that the Government has been promoting traditional medicines and healing practices that are popular mainly in the rural and indigenous communities. The adivasis have been benefiting from the Government providing free essential drugs and simple medical care to patients since 2008. The Committee invites the Government to provide an evaluation of the Social Inclusion Strategy and information on the impact of the measures taken to promote traditional medicines and healing practices.

Articles 26, 27, 28. Education. The Committee notes that the Gompa education (Buddhist monastery-based education) has been recognized along with standardization of curricula and textbooks. The School Sector Reform Programme has emphasized equity and social inclusion. The Curriculum Development Centre of the Ministry of Education annually revises textbooks of the Government. The Government indicates that it started to appoint mother tongue teachers for multilingual education along with gradually transferring management responsibilities of schools to communities and running a capacity-enhancement programme for community schools. The Committee invites the Government to continue providing information on traditional systems and educational institutions of the adivasis. The Committee further invites the Government to include updates on research to design and adapt education programmes towards educational attainment of socially, culturally and educationally disadvantaged adivasis. Please also indicate what measures have been taken for the training of members of the adviasis and their involvement in the formulation and implementation of these programmes.

Article 29. Education of children. The Committee notes that the Government has taken measures to impart general knowledge and skills to help the adivasis children have equal access to education. The measures include improvements in the curricula and textbooks, removing communication and language barriers between learners and teachers, and improvement in teaching methods. The Committee invites the Government to report on the outcome of the aforementioned measures taken.

Article 30. Raising awareness. The Government indicates in its report that some adivasis’ organizations and NGOs are informing and educating the adivasis about their rights through mass media, print materials, seminars and forums. The Committee also notes that the NFDIN has a programme to educate the adivasis about their rights and duties under the Convention. The Committee invites the Government to provide samples of the materials used in connection with this provision.

Article 31. Textbooks. According to the Government’s report, textbooks and reference books were reviewed and revised in the late 1990s. Offensive audiovisuals have been banned. The Committee requests the Government to provide an evaluation of the measures taken and to explain how the views of the adivasis are being taken into account.

Article 32. Cooperation across borders. The Committee notes that many indigenous groups live on both sides of the Nepal–India border. The open borders are regulated by the Nepal–India Friendship Treaty of 1950. Other open borders include the Nepal–China border. The Government states that it has been facilitating the adivasis’ organizations to develop cross-border relations, overseas contacts and cooperation by providing support for organizational strengthening through the NFDIN annually. The Committee invites the Government to include updated information on the operation of the bilateral treaties on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2012 direct request, which read as follows:

Repetition

The Committee notes the detailed information provided by the Government in September 2010 in its first report on the application of the Convention. The Committee is of the view that the Convention is essentially an instrument for promoting dialogue, consultation and participation. It reminds that Parts VII and VIII of the report form, approved by the ILO Governing Body, state that the Government may find it helpful to consult organizations of indigenous or tribal peoples in the country through their traditional institutions on the measures taken to give effect to the present Convention and in preparing reports on its application. The Committee invites the Government to promote such consultation with the social partners and organizations of indigenous peoples to reply in detail in its next report due in 2013 to the matters raised in this direct request.

Article 1 of the Convention. Self-identification. The Committee notes that 59 groups of indigenous and tribal peoples are recognized through section 2(a) of the National Foundation for Development and Indigenous Nationalities (NFDIN) Act 2002. The adivasis (original inhabitants of the country) form 37.2 per cent of the Nepalese population. The Government states in its report that the process of ascribing identities is complex given the political context in Nepal. The Committee requests the Government to provide information on the actions of the High-level Task Force for Revising Schedule of Adivasi Janajati and on the progress made on the adoption of the bill for amending the schedule of the NFDIN Act 2002.

Articles 2 and 33. Systematic action with participation. Administration. The Government states that, in late 2008, it formed a High-level Task Force under the Chairmanship of Secretary of Ministry of Local Development to review laws, policies and programmes under the Convention. The Committee notes that the public authorities responsible for carrying out these measures include the Ministry of Local Development, the Social Committee of the Council of Ministers, the adivasis’ District Coordination Committees, the NFDIN and the National Human Rights Commission. The Committee further notes that the NFDIN took measures to contribute to uplifting the adivasis by supporting policy initiatives, implementing some relevant programmes, facilitating and following up government and non-governmental agencies and organizations to initiate and implement programmes under the Convention. The Ministry of Local Development is responsible for dealing with issues and development of the adivasis. It restructured its organization and formed the Gender Equality and Social Inclusion section. The Government provided focal points for social inclusion in all ministries. The Ministry of Local Development has also instituted the adivasis District Coordination Committee in all districts. The Cabinet has sent the draft of the National Action Plan for the Implementation of the Convention to the Social Committee of the Council of Ministers for scrutiny and approval. The Committee invites the Government to specify in its next report if there is any institution whose duties include monitoring the general application of the Convention or some mechanism for coordination between the various bodies with respect to protecting the rights of the adivasis. Please indicate the measures taken to ensure that programmes are coordinated, with the participation of the indigenous peoples, at all stages, from planning through to evaluation, in accordance with Articles 2(1) and 33(2)(a) and (b) of the Convention. The Committee also invites the Government to provide further information on any progress on the National Action Plan and its implementation and its budget implications and on the Ministry of Local Development’s programmes and policies.

Articles 3 and 4. Human rights applied without discrimination. Positive action. In its report, the Government states that article 13 of the Interim Constitution of Nepal 2007 stipulates that discrimination based on religion, race, and other grounds is strictly prohibited with the provision that certain groups or sections of society that are disadvantaged can be especially treated, in a positive way, in order to empower or uplift them. Both article 29 of the Interim Constitution and the Local Self-Governance Act 1999 seek to enhance the participation of all people, including the adivasis, in mobilizing and allocating means for the development of their own region. Under the NFDIN Act 2002, the NFDIN has responsibilities to preserve and promote languages and cultures of the adivasis through programmes regarding protection of people, institutions, cultures, environment and community. Other measures concerning social inclusion are part of the Three-Year Interim Plans (2007–08 to 2009–10) and the sectorial annual plans. The Committee invites the Government to indicate any special measures which have been adopted, in practice, to apply Article 3 of the Convention. The Committee also requests the Government to indicate any special measures which have been found appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the adivasis.

Article 5. Recognition of indigenous peoples’ values. Participation and cooperation. The Government states that it is considering establishing policies, programmes and time-bound studies to mitigate the difficulties faced by the adivasis even though their participation is not yet entirely ensured. The Committee notes that this provision of the Convention was in its initial stages of application during the last reporting period. The Committee invites the Government to provide in its next report an evaluation of the impact of the National Cultural Policy. The Committee also asks the Government to report in detail how the participation and cooperation of the adivasis are ensured in all the matters covered by Article 5 of the Convention.

Article 6. Effective consultations. The Committee notes that the Local Self-Governance Act 1999 provides for participation of the local adivasis in the development process, programmes and outcomes of local bodies. It further notes that the meetings organized by the Ministry of Local Development between governmental agencies, the NFDIN, and affiliated adivasis’ organizations and indigenous experts seek to fill the void and take action. Key decision-makers were discussing measures to be taken on courses of action that include consultation with the adivasis through their representative institutions when making legislative or administrative decisions that may affect them directly. The Committee requests the Government to specify in its next report the manner in which the adivasis are consulted when consideration is being given to legislative or administrative measures which may affect them directly, including in the development of consultation mechanisms. Please also indicate the manner in which the participation of the adivasis in decision-making has been facilitated.

Article 7. Consultation and participation. Impact of projects. The Committee notes that the National Planning Commission directs ministries and local bodies through the Ministry of Local Development to formulate periodic plans with resource estimates and requests ministries to prepare annual programmes with an estimated annual budget based on the periodic plans. The National Planning Commission developed its own standard procedures for formulating, implementing, monitoring and evaluating plans and emphasizes strongly on the participation of the adivasis. The National Planning Commission formally approved the Three-Year Interim Plans formulated by the adivasis’ organizations. The Committee also notes the indications provided in the Government’s report that the adivasis’ rights activists do not feel content with the way the National Human Rights Commission is protecting and monitoring the rights of the adivasis. The Adivasi Janajati Joint Struggle Committee and the then coalition Government were committed to form the Indigenous Peoples’ Commission. The Committee requests the Government to provide in its next report information on the measures taken for the development of the regions and how the participation of the adivasis in the formulation, implementation and evaluation of these measures is assured. Please also indicate whether studies have been carried out to assess the impact on the adivasis of planned development activities and how they have been associated with them. The Committee further requests the Government to indicate the measures taken to protect and preserve the environment of the territories inhabited by the adivasis and how they have been associated with these measures.

Article 8. Customary laws. The Committee notes that the customs and customary laws are recognized by the first Muluki Ain (Country Code) of 1854. The Country Code and the Trust Corporation Act 1976 recognize the authority of the relevant community to manage Guthi (trusts of traditional type). The Committee notes the Government’s intention to study customary laws and social, cultural, religious, economic, political and judicial institutions of the adivasis to formally recognize them. The Committee invites the Government to provide information on the studies performed and examples of the procedures established to resolve conflicts which may arise in the application of Article 8.

Article 9. Customary offences. The Government states that all Nepalese citizens are under the uniform national legal system. The customary or separate laws do not apply to the offences committed by the members of the adivasis except for cases of minor offences resolved by community mediation or local bodies. The legal framework is contained in the Country Code (amended in 1964), the State Cases Act 1993, and the Evidence Act 1976. The Committee invites the Government to provide examples of application of the aforementioned legislation in practice with regard to customary offences.

Article 10. Penalties. The Committee notes that judges have discretion to impose penalties and to make recommendations on mitigating the punishment in two types of penalties, namely life imprisonment and life imprisonment with confiscation of whole property. The Committee invites the Government to provide examples of the practice followed in the application of this Article.

Article 11. Prohibition of compulsory personnel services. The Committee notes that the Government has formed a Commission to resolve problems of rehabilitation of free Kamaiyas (bonded agricultural labourers) to expedite the rehabilitation process. The Government indicates that the vigilance has increased against illegal activities. It has drawn the attention of the relevant agencies to affirmative action programmes. The Committee recalls its previous comments on the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105). The Committee invites the Government to provide further information on the methods of supervision and how they work in practice, as well as the sanctions prescribed to ensure the application of this Article.

Article 12. Legal proceedings. The Government indicates that the Interim Constitution of Nepal 2007 provides discretion to the Supreme Court to issue orders and writs for enforcing any legal right. Through the judiciary, the adivasis may institute legal proceedings to protect their rights. The National Human Rights Commission is also responsible for protecting the adivasis’ human rights. The Government indicates that it legally assists the economically marginalized adivasis in legal proceedings under the Legal Aid Act 1997. The Committee invites the Government to provide further information on the methods used to ensure that members of the adivasis can understand and be understood in legal proceedings. Please also indicate how it is ensured that the adivasis representative organizations are able to take legal proceedings to ensure the rights provided for in the Convention.

Articles 13 and 14. Land rights recognized and protected. The Government indicates that the lack of citizenship certificates hindered the process of obtaining land titles. Communal ownership of lands was abolished by the Land Reform Act 1964. Collective ownership is still in practice. The Land Revenue Act 1978 contains provisions that establish land ownership based on occupancy and use. According to the Government’s report, the Rautes (nomadic communities) are not leading a settled life except for around 35 households in far Western Nepal. The Committee further notes that the Ministry of Land Reform and Management has been taking initiatives to identify lands traditionally occupied by the adivasis and to protect their rights to these lands through the Commission for the Solution of the Problems of Landless People and the High-level Commission relating to the Scientific Land Reform. The Committee requests the Government to indicate in its next report the steps taken to identify the lands concerned and to guarantee the effective protection of the rights of the adivasis to these lands. Please also indicate whether procedures exist to resolve land claims by the adivasis and examples illustrating their use.

Article 15. Natural resources. Water resources. The Government indicates that it encouraged debate on the subject of natural and water resources to gain insights into problems to fulfil obligations under Article 15(1). The Committee notes that the Government emphasizes on participatory conservation. Different community development programmes are being implemented, some with the assistance of international donors in the buffer zones of the protected parks, wildlife reserves, and conservation areas. Although the adivasis are benefiting from these activities, their living conditions have not substantially improved. The Committee notes that no laws and procedures set out the basis for consulting the adivasis as required by this provision of the Convention. The Committee requests the Government to indicate in its next report how the rights of the adivasis to natural resources have been specially safeguarded and how they are exercised. It further requests the Government to indicate whether the State retains the ownership of any resources pertaining to lands and, if so, what procedures exist or are envisaged to apply paragraph 2 of this Article.

Article 16. Relocation. The Committee notes that under Nepalese legislation, people can be removed from their land for different grounds or purposes, which are not in conformity with the Convention. Notices are published in Nepali in the Government daily Nepali newspaper (Gorkhapatra) and sometimes in the national and local daily newspapers published by the private publishing companies. No procedures seem to exist under paragraph 2. The Committee requests the Government to provide in its next report updated information on amendments envisaged or submitted by the authorities to ensure that the adivasis shall not be removed from the lands they occupy (paragraph 1). Please give particulars of the cases in which persons or groups belonging to the adivasis have been removed from their habitual territories and of the measures taken for their relocation and/or compensation (paragraph 2). Please also describe in particular the steps taken to obtain their free and informed consent in such cases and if this could not be obtained through the procedures established by national laws and regulations for taking such decisions (paragraph 3).

Article 17. Transmission of land. Consultation. The Committee notes that customary laws relating to the lands are surviving only among the indigenous communities of some villages of Manang and Mustang districts due to the strong community tradition. The transmission of land rights outside the community is not possible today. The Government states in its report that the current laws are not sufficient and specific regarding the recognition of procedures established by different groups of the adivasis for transmitting land rights among their own members. The Committee also notes that the Land Revenue Offices of Tarai were required in the 1980s to verify the process, protect the adivasis and discourage the land alienation from them. The current laws in Nepal are also inadequate in preventing outsiders to take undue advantage of their customs or lack of understanding of the laws among them to secure ownership, possession or use of lands belonging to them. The Committee requests the Government to provide in its next report updated information on proposed or envisaged amendments of the laws. The Committee also invites the Government to specify what procedures have been established by the adivasis for the transmission of their land rights among their own members, and clarify whether there is any limitation on their right to alienate their lands or otherwise transmit their rights outside their own community (paragraph 1). Please also indicate what measures have been taken to apply paragraphs 2 and 3.

Article 18. Infringements. The Government states that the Country Code 1854 (amended in 1963), the Land Reform Act 1964 and other laws impose penalties on unauthorized intrusion upon or use of lands legally owned and possessed by others. The NFDIN has started discussions for measures to deal with these offences. The Committee requests the Government to provide in its next report an evaluation of the NFDIN’s discussions on the measures to prevent these offences and the sanctions prescribed in case of infringements.

Article 19. Land reform. The Committee notes that the Three-Year Interim Plans (2007–08 to 2009–10) contemplated an agricultural employment programme with the priority to create opportunities for self-employment in villages for the adivasis. The Land Reform Act 1964 (amended in February 2002) provides that lands made available from the new ceiling will be distributed to the freed Kamaiyas and the landless adivasis. In April 2007, the High-level Commission on Scientific Land Reform was formed to study problems of tenant farmers and landless people, issues of use and management and land ceiling problems in increasing productivity of land and recommending measures to end feudal land ownership and to make distribution and management of lands more scientific and just. In 2009, the Government also formed the Commission for the Recommendations on Suggestions of Solving Problems of Landless People, which is studying problems of illegal occupation and settlement, and shanty towns at the outskirts of major cities to recommend measures to address these problems. The Committee requests the Government to provide in its next report an evaluation of the measures undertaken by the High-level Commission on Scientific Land Reform and the Commission for the Recommendations on Suggestions of Solving Problems of Landless People and their impact on the indigenous and tribal peoples of Nepal. The Committee also invites the Government to include more particulars of the national agrarian programmes and of any other measures taken to give effect to this Article and to explain how the views of the adivasis are expressed and taken into account in both Commissions.

Article 20. Conditions of work. The Government indicated in its report that some provisions of the Labour Act 1992 and the Labour Rules 1993 are relevant to give effect to the provisions of the Convention. The Labour Management and Employment Module in the Three-Year Interim Plans (2007–08 to 2009–10) seek to ensure access of the adivasis to employment to avoid discrimination. The Committee notes that measures required by the provisions are yet to be implemented in order to provide the adivasis workers with decent work opportunities. The Committee invites the Government to supply information on the measures taken in the application of paragraphs 2 and 3 of Article 20 and to indicate what measures have been taken to ensure adequate labour inspection in the areas concerned. The Committee further invites the Government to indicate the special measures adopted, within the framework of national laws and regulations, to ensure the protection provided for in paragraph 1. Please also indicate the measures adopted in cooperation with the adivasis to ensure effective protection with regard to recruitment and conditions of employment of workers belonging to the indigenous and tribal peoples.

Articles 21, 22 and 23. Training and participation. The Committee notes that the Ministry of Industry, the Ministry of Land Reform and Management, the Ministry of Labour and Transport Management, and the Ministry of Education have started publishing their data on training programmes. The high costs of the training courses threaten and limit the access of the poor adivasis. The Government indicates that the Ministry of Industry has been implementing the Micro-enterprise Development Programme since 1998 with the UNDP’s support. It aims to reduce poverty through developing the knowledge and skills of the adivasis for enterprise management, establishing occupational service institutions and implementing package programmes of assistance to general income and capacity building of small entrepreneurs. The Committee invites the Government to provide further information on the measures taken to enable the adivasis to assure responsibility for the programmes envisaged and implemented. Please also provide further information on the impact of the measures taken with the participation of the adivasis to implement Articles 21, 22 and 23.

Article 24. Social security. The Committee notes that the Government devised a social security scheme to cover the adivasis where each person receives welfare benefits of 1,000 Nepalese rupees per month. The Government reports that a few members of the adivasis benefited from the social security scheme of 100 days in employment in 2007–08, 2008–09 and 2009–10. The Committee further notes that the Government intends to issue cards to provide the adivasis with social security allowances, subsidies, part-time employment and other opportunities. The Committee invites the Government to indicate what measures have been taken to extend the coverage of the adivasis under the social security schemes.

Article 25. Health services. The Government indicates that health posts and sub-health posts are situated in almost every densely populated village. Some 33.6 per cent of doctors belong to the adivasis. The Committee notes that the Ministry of Health and Population prepared a Social Inclusion Strategy in 2008–09 to make services of health institutions effective and accessible for the marginalized adivasis. It also notes that the Government has been promoting traditional medicines and healing practices that are popular mainly in the rural and indigenous communities. The adivasis have been benefiting from the Government providing free essential drugs and simple medical care to patients since 2008. The Committee invites the Government to provide an evaluation of the Social Inclusion Strategy and information on the impact of the measures taken to promote traditional medicines and healing practices.

Articles 26, 27 and 28. Education. The Committee notes that the Gompa education (Buddhist monastery-based education) has been recognized along with standardization of curricula and textbooks. The School Sector Reform Programme has emphasized equity and social inclusion. The Curriculum Development Centre of the Ministry of Education annually revises textbooks of the Government. The Government indicates that it started to appoint mother tongue teachers for multilingual education along with gradually transferring management responsibilities of schools to communities and running a capacity-enhancement programme for community schools. The Committee invites the Government to continue providing information on traditional systems and educational institutions of the adivasis. The Committee further invites the Government to include updates on research to design and adapt education programmes towards educational attainment of socially, culturally and educationally disadvantaged adivasis. Please also indicate what measures have been taken for the training of members of the adviasis and their involvement in the formulation and implementation of these programmes.

Article 29. Education of children. The Committee notes that the Government has taken measures to impart general knowledge and skills to help the adivasis children have equal access to education. The measures include improvements in the curricula and textbooks, removing communication and language barriers between learners and teachers, and improvement in teaching methods. The Committee invites the Government to report on the outcome of the aforementioned measures taken.

Article 30. Raising awareness. The Government indicates in its report that some adivasis’ organizations and NGOs are informing and educating the adivasis about their rights through mass media, print materials, seminars and forums. The Committee also notes that the NFDIN has a programme to educate the adivasis about their rights and duties under the Convention. The Committee invites the Government to provide samples of the materials used in connection with this provision.

Article 31. Textbooks. According to the Government’s report, textbooks and reference books were reviewed and revised in the late 1990s. Offensive audiovisuals have been banned. The Committee requests the Government to provide an evaluation of the measures taken and to explain how the views of the adivasis are being taken into account.

Article 32. Cooperation across borders. The Committee notes that many indigenous groups live on both sides of the Nepal–India border. The open borders are regulated by the Nepal–India Friendship Treaty of 1950. Other open borders include the Nepal–China border. The Government states that it has been facilitating the adivasis’ organizations to develop cross-border relations, overseas contacts and cooperation by providing support for organizational strengthening through the NFDIN annually. The Committee invites the Government to include updated information on the operation of the bilateral treaties on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the detailed information provided by the Government in September 2010 in its first report on the application of the Convention. The Committee is of the view that the Convention is essentially an instrument for promoting dialogue, consultation and participation. It reminds that Parts VII and VIII of the report form, approved by the ILO Governing Body, state that the Government may find it helpful to consult organizations of indigenous or tribal peoples in the country through their traditional institutions on the measures taken to give effect to the present Convention and in preparing reports on its application. The Committee invites the Government to promote such consultation with the social partners and organizations of indigenous peoples to reply in detail in its next report due in 2013 to the matters raised in this direct request.

Article 1 of the Convention. Self-identification. The Committee notes that 59 groups of indigenous and tribal peoples are recognized through section 2(a) of the National Foundation for Development and Indigenous Nationalities (NFDIN) Act 2002. The adivasis (original inhabitants of the country) form 37.2 per cent of the Nepalese population. The Government states in its report that the process of ascribing identities is complex given the political context in Nepal. The Committee requests the Government to provide information on the actions of the High-level Task Force for Revising Schedule of Adivasi Janajati and on the progress made on the adoption of the bill for amending the schedule of the NFDIN Act 2002.

Articles 2 and 33. Systematic action with participation. Administration. The Government states that, in late 2008, it formed a High-level Task Force under the Chairmanship of Secretary of Ministry of Local Development to review laws, policies and programmes under the Convention. The Committee notes that the public authorities responsible for carrying out these measures include the Ministry of Local Development, the Social Committee of the Council of Ministers, the adivasis’ District Coordination Committees, the NFDIN and the National Human Rights Commission. The Committee further notes that the NFDIN took measures to contribute to uplifting the adivasis by supporting policy initiatives, implementing some relevant programmes, facilitating and following up government and non-governmental agencies and organizations to initiate and implement programmes under the Convention. The Ministry of Local Development is responsible for dealing with issues and development of the adivasis. It restructured its organization and formed the Gender Equality and Social Inclusion section. The Government provided focal points for social inclusion in all ministries. The Ministry of Local Development has also instituted the adivasis District Coordination Committee in all districts. The Cabinet has sent the draft of the National Action Plan for the Implementation of the Convention to the Social Committee of the Council of Ministers for scrutiny and approval. The Committee invites the Government to specify in its next report if there is any institution whose duties include monitoring the general application of the Convention or some mechanism for coordination between the various bodies with respect to protecting the rights of the adivasis. Please indicate the measures taken to ensure that programmes are coordinated, with the participation of the indigenous peoples, at all stages, from planning through to evaluation, in accordance with Article 2(1), and Article 33(2)(a) and (b), of the Convention. The Committee also invites the Government to provide further information on any progress on the National Action Plan and its implementation and its budget implications and on the Ministry of Local Development’s programmes and policies.

Articles 3 and 4. Human rights applied without discrimination. Positive action. In its report, the Government states that article 13 of the Interim Constitution of Nepal 2007 stipulates that discrimination based on religion, race, and other grounds is strictly prohibited with the provision that certain groups or sections of society that are disadvantaged can be especially treated, in a positive way, in order to empower or uplift them. Both article 29 of the Interim Constitution and the Local Self-Governance Act 1999 seek to enhance the participation of all people, including the adivasis, in mobilizing and allocating means for the development of their own region. Under the NFDIN Act 2002, the NFDIN has responsibilities to preserve and promote languages and cultures of the adivasis through programmes regarding protection of people, institutions, cultures, environment and community. Other measures concerning social inclusion are part of the Three-Year Interim Plans (2007–08 to 2009–10) and the sectorial annual plans. The Committee invites the Government to indicate any special measures which have been adopted, in practice, to apply Article 3 of the Convention. The Committee also requests the Government to indicate any special measures which have been found appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the adivasis.

Article 5. Recognition of indigenous peoples’ values. Participation and cooperation. The Government states that it is considering establishing policies, programmes and time-bound studies to mitigate the difficulties faced by the adivasis even though their participation is not yet entirely ensured. The Committee notes that this provision of the Convention was in its initial stages of application during the last reporting period. The Committee invites the Government to provide in its next report an evaluation of the impact of the National Cultural Policy. The Committee also asks the Government to report in detail how the participation and cooperation of the adivasis are ensured in all the matters covered by Article 5 of the Convention.

Article 6. Effective consultations. The Committee notes that the Local Self-Governance Act 1999 provides for participation of the local adivasis in the development process, programmes and outcomes of local bodies. It further notes that the meetings organized by the Ministry of Local Development between governmental agencies, the NFDIN, and affiliated adivasis’ organizations and indigenous experts seek to fill the void and take action. Key decision-makers were discussing measures to be taken on courses of action that include consultation with the adivasis through their representative institutions when making legislative or administrative decisions that may affect them directly. The Committee requests the Government to specify in its next report the manner in which the adivasis are consulted when consideration is being given to legislative or administrative measures which may affect them directly, including in the development of consultation mechanisms. Please also indicate the manner in which the participation of the adivasis in decision-making has been facilitated.

Article 7. Consultation and participation. Impact of projects. The Committee notes that the National Planning Commission directs ministries and local bodies through the Ministry of Local Development to formulate periodic plans with resource estimates and requests ministries to prepare annual programmes with an estimated annual budget based on the periodic plans. The National Planning Commission developed its own standard procedures for formulating, implementing, monitoring and evaluating plans and emphasizes strongly on the participation of the adivasis. The National Planning Commission formally approved the Three-Year Interim Plans formulated by the adivasis’ organizations. The Committee also notes the indications provided in the Government’s report that the adivasis’ rights activists do not feel content with the way the National Human Rights Commission is protecting and monitoring the rights of the adivasis. The Adivasi Janajati Joint Struggle Committee and the then coalition Government were committed to form the Indigenous Peoples’ Commission. The Committee requests the Government to provide in its next report information on the measures taken for the development of the regions and how the participation of the adivasis in the formulation, implementation and evaluation of these measures is assured. Please also indicate whether studies have been carried out to assess the impact on the adivasis of planned development activities and how they have been associated with them. The Committee further requests the Government to indicate the measures taken to protect and preserve the environment of the territories inhabited by the adivasis and how they have been associated with these measures.

Article 8. Customary laws. The Committee notes that the customs and customary laws are recognized by the first Muluki Ain (Country Code) of 1854. The Country Code and the Trust Corporation Act 1976 recognize the authority of the relevant community to manage Guthi (trusts of traditional type). The Committee notes the Government’s intention to study customary laws and social, cultural, religious, economic, political and judicial institutions of the adivasis to formally recognize them. The Committee invites the Government to provide information on the studies performed and examples of the procedures established to resolve conflicts which may arise in the application of Article 8.

Article 9. Customary offences. The Government states that all Nepalese citizens are under the uniform national legal system. The customary or separate laws do not apply to the offences committed by the members of the adivasis except for cases of minor offences resolved by community mediation or local bodies. The legal framework is contained in the Country Code (amended in 1964), the State Cases Act 1993, and the Evidence Act 1976. The Committee invites the Government to provide examples of application of the aforementioned legislation in practice with regard to customary offences.

Article 10. Penalties. The Committee notes that judges have discretion to impose penalties and to make recommendations on mitigating the punishment in two types of penalties, namely life imprisonment and life imprisonment with confiscation of whole property. The Committee invites the Government to provide examples of the practice followed in the application of this Article.

Article 11. Prohibition of compulsory personnel services. The Committee notes that the Government has formed a Commission to resolve problems of rehabilitation of free Kamaiyas (bonded agricultural labourers) to expedite the rehabilitation process. The Government indicates that the vigilance has increased against illegal activities. It has drawn the attention of the relevant agencies to affirmative action programmes. The Committee recalls its previous comments on the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105). The Committee invites the Government to provide further information on the methods of supervision and how they work in practice, as well as the sanctions prescribed to ensure the application of this Article.

Article 12. Legal proceedings. The Government indicates that the Interim Constitution of Nepal 2007 provides discretion to the Supreme Court to issue orders and writs for enforcing any legal right. Through the judiciary, the adivasis may institute legal proceedings to protect their rights. The National Human Rights Commission is also responsible for protecting the adivasis’ human rights. The Government indicates that it legally assists the economically marginalized adivasis in legal proceedings under the Legal Aid Act 1997. The Committee invites the Government to provide further information on the methods used to ensure that members of the adivasis can understand and be understood in legal proceedings. Please also indicate how it is ensured that the adivasis representative organizations are able to take legal proceedings to ensure the rights provided for in the Convention.

Articles 13 and 14. Land rights recognized and protected. The Government indicates that the lack of citizenship certificates hindered the process of obtaining land titles. Communal ownership of lands was abolished by the Land Reform Act 1964. Collective ownership is still in practice. The Land Revenue Act 1978 contains provisions that establish land ownership based on occupancy and use. According to the Government’s report, the Rautes (nomadic communities) are not leading a settled life except for around 35 households in far Western Nepal. The Committee further notes that the Ministry of Land Reform and Management has been taking initiatives to identify lands traditionally occupied by the adivasis and to protect their rights to these lands through the Commission for the Solution of the Problems of Landless People and the High-level Commission relating to the Scientific Land Reform. The Committee requests the Government to indicate in its next report the steps taken to identify the lands concerned and to guarantee the effective protection of the rights of the adivasis to these lands. Please also indicate whether procedures exist to resolve land claims by the adivasis and examples illustrating their use.

Article 15. Natural resources. Water resources. The Government indicates that it encouraged debate on the subject of natural and water resources to gain insights into problems to fulfil obligations under Article 15(1). The Committee notes that the Government emphasizes on participatory conservation. Different community development programmes are being implemented, some with the assistance of international donors in the buffer zones of the protected parks, wildlife reserves, and conservation areas. Although the adivasis are benefiting from these activities, their living conditions have not substantially improved. The Committee notes that no laws and procedures set out the basis for consulting the adivasis as required by this provision of the Convention. The Committee requests the Government to indicate in its next report how the rights of the adivasis to natural resources have been specially safeguarded and how they are exercised. It further requests the Government to indicate whether the State retains the ownership of any resources pertaining to lands and, if so, what procedures exist or are envisaged to apply paragraph 2 of this Article.

Article 16. Relocation. The Committee notes that under Nepalese legislation, people can be removed from their land for different grounds or purposes, which are not in conformity with the Convention. Notices are published in Nepali in the Government daily Nepali newspaper (Gorkhapatra) and sometimes in the national and local daily newspapers published by the private publishing companies. No procedures seem to exist under paragraph 2. The Committee requests the Government to provide in its next report updated information on amendments envisaged or submitted by the authorities to ensure that the adivasis shall not be removed from the lands they occupy (paragraph 1). Please give particulars of the cases in which persons or groups belonging to the adivasis have been removed from their habitual territories and of the measures taken for their relocation and/or compensation (paragraph 2). Please also describe in particular the steps taken to obtain their free and informed consent in such cases and if this could not be obtained through the procedures established by national laws and regulations for taking such decisions (paragraph 3).

Article 17. Transmission of land. Consultation. The Committee notes that customary laws relating to the lands are surviving only among the indigenous communities of some villages of Manang and Mustang districts due to the strong community tradition. The transmission of land rights outside the community is not possible today. The Government states in its report that the current laws are not sufficient and specific regarding the recognition of procedures established by different groups of the adivasis for transmitting land rights among their own members. The Committee also notes that the Land Revenue Offices of Tarai were required in the 1980s to verify the process, protect the adivasis and discourage the land alienation from them. The current laws in Nepal are also inadequate in preventing outsiders to take undue advantage of their customs or lack of understanding of the laws among them to secure ownership, possession or use of lands belonging to them. The Committee requests the Government to provide in its next report updated information on proposed or envisaged amendments of the laws. The Committee also invites the Government to specify what procedures have been established by the adivasis for the transmission of their land rights among their own members, and clarify whether there is any limitation on their right to alienate their lands or otherwise transmit their rights outside their own community (paragraph 1). Please also indicate what measures have been taken to apply paragraphs 2 and 3.

Article 18. Infringements. The Government states that the Country Code 1854 (amended in 1963), the Land Reform Act 1964 and other laws impose penalties on unauthorized intrusion upon or use of lands legally owned and possessed by others. The NFDIN has started discussions for measures to deal with these offences. The Committee requests the Government to provide in its next report an evaluation of the NFDIN’s discussions on the measures to prevent these offences and the sanctions prescribed in case of infringements.

Article 19. Land reform. The Committee notes that the Three-Year Interim Plans (2007–08 to 2009–10) contemplated an agricultural employment programme with the priority to create opportunities for self-employment in villages for the adivasis. The Land Reform Act 1964 (amended in February 2002) provides that lands made available from the new ceiling will be distributed to the freed Kamaiyas and the landless adivasis. In April 2007, the High-level Commission on Scientific Land Reform was formed to study problems of tenant farmers and landless people, issues of use and management and land ceiling problems in increasing productivity of land and recommending measures to end feudal land ownership and to make distribution and management of lands more scientific and just. In 2009, the Government also formed the Commission for the Recommendations on Suggestions of Solving Problems of Landless People, which is studying problems of illegal occupation and settlement, and shanty towns at the outskirts of major cities to recommend measures to address these problems. The Committee requests the Government to provide in its next report an evaluation of the measures undertaken by the High-level Commission on Scientific Land Reform and the Commission for the Recommendations on Suggestions of Solving Problems of Landless People and their impact on the indigenous and tribal peoples of Nepal. The Committee also invites the Government to include more particulars of the national agrarian programmes and of any other measures taken to give effect to this Article and to explain how the views of the adivasis are expressed and taken into account in both Commissions.

Article 20. Conditions of work. The Government indicated in its report that some provisions of the Labour Act 1992 and the Labour Rules 1993 are relevant to give effect to the provisions of the Convention. The Labour Management and Employment Module in the Three-Year Interim Plans (2007–08 to 2009–10) seek to ensure access of the adivasis to employment to avoid discrimination. The Committee notes that measures required by the provisions are yet to be implemented in order to provide the adivasis workers with decent work opportunities. The Committee invites the Government to supply information on the measures taken in the application of paragraphs 2 and 3 of Article 20 and to indicate what measures have been taken to ensure adequate labour inspection in the areas concerned. The Committee further invites the Government to indicate the special measures adopted, within the framework of national laws and regulations, to ensure the protection provided for in paragraph 1. Please also indicate the measures adopted in cooperation with the adivasis to ensure effective protection with regard to recruitment and conditions of employment of workers belonging to the indigenous and tribal peoples.

Articles 21, 22, 23. Training and participation. The Committee notes that the Ministry of Industry, the Ministry of Land Reform and Management, the Ministry of Labour and Transport Management, and the Ministry of Education have started publishing their data on training programmes. The high costs of the training courses threaten and limit the access of the poor adivasis. The Government indicates that the Ministry of Industry has been implementing the Micro-enterprise Development Programme since 1998 with the UNDP’s support. It aims to reduce poverty through developing the knowledge and skills of the adivasis for enterprise management, establishing occupational service institutions and implementing package programmes of assistance to general income and capacity building of small entrepreneurs. The Committee invites the Government to provide further information on the measures taken to enable the adivasis to assure responsibility for the programmes envisaged and implemented. Please also provide further information on the impact of the measures taken with the participation of the adivasis to implement Articles 21, 22 and 23.

Article 24. Social security. The Committee notes that the Government devised a social security scheme to cover the adivasis where each person receives welfare benefits of 1,000 Nepalese rupees per month. The Government reports that a few members of the adivasis benefited from the social security scheme of 100 days in employment in 2007–08, 2008–09 and 2009–10. The Committee further notes that the Government intends to issue cards to provide the adivasis with social security allowances, subsidies, part-time employment and other opportunities. The Committee invites the Government to indicate what measures have been taken to extend the coverage of the adivasis under the social security schemes.

Article 25. Health services. The Government indicates that health posts and sub-health posts are situated in almost every densely populated village. Some 33.6 per cent of doctors belong to the adivasis. The Committee notes that the Ministry of Health and Population prepared a Social Inclusion Strategy in 2008–09 to make services of health institutions effective and accessible for the marginalized adivasis. It also notes that the Government has been promoting traditional medicines and healing practices that are popular mainly in the rural and indigenous communities. The adivasis have been benefiting from the Government providing free essential drugs and simple medical care to patients since 2008. The Committee invites the Government to provide an evaluation of the Social Inclusion Strategy and information on the impact of the measures taken to promote traditional medicines and healing practices.

Articles 26, 27, 28. Education. The Committee notes that the Gompa education (Buddhist monastery-based education) has been recognized along with standardization of curricula and textbooks. The School Sector Reform Programme has emphasized equity and social inclusion. The Curriculum Development Centre of the Ministry of Education annually revises textbooks of the Government. The Government indicates that it started to appoint mother tongue teachers for multilingual education along with gradually transferring management responsibilities of schools to communities and running a capacity-enhancement programme for community schools. The Committee invites the Government to continue providing information on traditional systems and educational institutions of the adivasis. The Committee further invites the Government to include updates on research to design and adapt education programmes towards educational attainment of socially, culturally and educationally disadvantaged adivasis. Please also indicate what measures have been taken for the training of members of the adviasis and their involvement in the formulation and implementation of these programmes.

Article 29. Education of children. The Committee notes that the Government has taken measures to impart general knowledge and skills to help the adivasis children have equal access to education. The measures include improvements in the curricula and textbooks, removing communication and language barriers between learners and teachers, and improvement in teaching methods. The Committee invites the Government to report on the outcome of the aforementioned measures taken.

Article 30. Raising awareness. The Government indicates in its report that some adivasis’ organizations and NGOs are informing and educating the adivasis about their rights through mass media, print materials, seminars and forums. The Committee also notes that the NFDIN has a programme to educate the adivasis about their rights and duties under the Convention. The Committee invites the Government to provide samples of the materials used in connection with this provision.

Article 31. Textbooks. According to the Government’s report, textbooks and reference books were reviewed and revised in the late 1990s. Offensive audiovisuals have been banned. The Committee requests the Government to provide an evaluation of the measures taken and to explain how the views of the adivasis are being taken into account.

Article 32. Cooperation across borders. The Committee notes that many indigenous groups live on both sides of the Nepal–India border. The open borders are regulated by the Nepal–India Friendship Treaty of 1950. Other open borders include the Nepal–China border. The Government states that it has been facilitating the adivasis’ organizations to develop cross-border relations, overseas contacts and cooperation by providing support for organizational strengthening through the NFDIN annually. The Committee invites the Government to include updated information on the operation of the bilateral treaties on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its first report. The Committee will examine the application of the Convention in Nepal as soon as a translation of the relevant legislation in one of the ILO official languages is available.