Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 169) relative aux peuples indigènes et tribaux, 1989 - Népal (Ratification: 2007)

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.