Quota system for govt teachers

Added At:  2011-01-20 11:55 PM  

Last Updated At: 2011-01-20 11:55 PM

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HIMALAYAN NEWS SERVICE

KATHMANDU: The government has set up a reservation system, similar to the civil service, for teachers to make their appointments in academic institutions inclusive.

The provision is part of the sixth amendment of Education Rule 2067 approved by the cabinet on January 12.

As per the amended Education Rule, 45 per cent of seats have been reserved for women and disadvantaged groups.

Of the reserved seats, 33 per cent have been set aside for women, 27 per cent for Indigenous Nationalities, 22 per cent for people from Tarai and Madhes, 9 per cent for Dalit, 5 per cent for physically disabled and 4 per cent for people from backward areas.

According to Mahashram Sharma, joint secretary at the Ministry of Education, the government made the provision to bring the teaching sector at par with the Civil Service.

He said that the sixth amendment also has provisions to give automatic promotion to permanent teachers who have served in a single position for years, like in the Civil Service.

“Those who have served as permanent teachers for 20 years and are 50 years or above will be eligible for the golden handshake scheme as stated in the amended regulation,” he informed.

In a bid to curb malpractice in School Management Committees — the body that plays the central role in appointment of teachers — the amendment will bar people other than the father, mother, grandfather and grandmother of children to take part in the School Management Committee now onwards.

http://www.thehimalayantimes.com/rssReference.php?headline=Quota+system+for+govt+teachers&NewsID=273730

Indigenous youth federation convention

Added At:  2011-01-20 11:53 PM  

Last Updated At: 2011-01-20 11:53 PM

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RSS

KATHMANDU: The second general convention of the Indigenous Nationalities Youth Federation is taking place in the Capital on January 29 and 30. Information about this was shared at a press meet organised by the Federation here on Wednesday. According to Federation Coordinator Jagat Reshmi Magar, a total of 350 people, including representatives of ethnic organisations will be taking part in the convention.

http://www.thehimalayantimes.com/rssReference.php?headline=Indigenous+youth++federation+convention+&NewsID=273728

Report of the Regional Conference on the Role of the National Institutions on the Rights of Indigenous Peoples

National Institutions on the Rights of Indigenous Peoples such as the National Commission for Scheduled Tribes of India and the National Commission for Indigenous Peoples of Philippines are mandated to play a critical role for ensuring the rights of indigenous peoples. Yet, these institutions are not uniform nor do they have any basic guidelines. There are academic institutions like the National Foundation for the Development of Indigenous Nationalities (NFDIN) or Ministries like the Chittagong Hill Tracts Affairs Ministry of Bangladesh and governmental departments like the Committee for Ethnic Minorities and Mountainous Areas of Vietnam. 

In the last two years, AITPN has conducted comprehensive studies both on the National Institutions and the governmental departments/committees dealing with indigenous peoples in Asia. It is clear that the governmental departments/committees are highly inadequate and they continue to follow the assimilationist apporach towards indigenous peoples.

The findings of these studies were released at the Regional Conference on the Role of National Institutions on the Rights of Indigenous Peoples held in New Delhi on 18-19 October 2008. The Regional Conference also adopted the New Delhi Guidelines on the establishment of National Institutions on the Rights of Indigenous Peoples.

http://www.aitpn.org/nirips.html

United Alliance for National Self-Rule and Federalism.........................

Monday, 17 January 2011 04:27

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http://nefin.org.np/press-release/595-united-alliance-for-national-self-rule-and-federalism.html

Nepali parties agree on one thing: No changes in flag

News Desk The Kathmandu Post Publication Date : 18-01-2011

The three major Nepali parties have agreed to retain the present national flag in the new constitution. Top leaders of UCPN (Maoist), Nepali Congress and CPN-UML reached an agreement to interpret the non-quadrilateral shaped national flag in the changed political context. The Nepali flag is the only flag in the world that is not rectangular in shape. The parties agreed to include an explanatory part in the constitution that would interpret the constitution as per the aspiration of people’s movement of 2006 and other democratic movements, said CPN-UML lawmaker Agni Kharel. Earlier, the parties were divided on the structure of half moon and sun in the triangular halves of the national flag. The main opposition UCPN (Maoist) had been arguing that theflag was an embodiment of monarchical rule and should be changed. In Sunday’s (January 16) three-party meeting, Maoist Chairman Pushpa Kamal Dahal proposed retaining the current flag by incorporating new interpretation as the aspirations of people in the changed political context. “An agreement was reached to interpret the images of sun and moon in the national flag as the existence of Nepal in the world until there are sun and moon in the universe,” said a leader who took part in the meeting. The parties have also agreed to interpret eight rays out of 16 that are visible on white emblem of the crescent moon in the upper part and white emblem of 12 rayed sun in the lower part of the flag as diversity of Nepal.  The three parties have consented to present the new agreement in the meeting of 28 parties scheduled for Monday. They have also agreed to remove the provision regarding conditions to be a national party. Earlier, they were mulling threshold of three percent votes in election to get the status of a national party. http://www.asianewsnet.net/home/news.php?id=16834

Indigenous Peoples and the Right to Participate in Decision-Making in Nepal

- Brief Note -

Indigenous Peoples and the Right to Participate in Decision-Making in Nepal

By

Dr. Krishna B. Bhattachan

Central Department of Sociology & Anthropology

Tribhuvan University

Kirtipur, Kathmandu

Nepal

kchan@wlink.com.np

bhattachan.k@gmail.com

tel. +977-9841295855 or +977-1-5551469

A brief note presented in an "International Expert Seminar on Indigenous Peoples and the Right to Participate in Decision-Making" jointly organized by the Asia Indigenous Peoples Pact (AIPP) and the International Work Group for Indigenous Affairs (IWGIA), in cooperation with EMRIP members in Chiang Mai, Thailand

20 - 22 January 2010

 

1. Analysis of the incorporation and implementation of the international human rights framework, including related jurisprudence, with regard to indigenous peoples and the right to participate in decision-making

Nepal started acceding or ratifying conventions and covenants, and adopting declaration and plan of action related to international instruments of human rights since January 7, 1963 with signing on two conventions and one supplementary convention on slavery. Nepal ratified International Convention on the Elimination of All Forms of racial Discrimination on January 30, 1971. Although Nepal ratified this convention, the authoritarian regime of the King did not implement it; indigenous peoples were not allowed not only to get organized politically and raise their voice for their rights but even to get together in picnics. King Mahendra indeed tried to impose the dominant Hindu religious and cultural values to indigenous peoples through his declared policy of 'One King', 'One Country', 'One Language', 'One Dress'. The indigenous peoples of Nepal could not use the ICERD due to authoritarian regime of the King imposed through the partyless Panchayat political system where making voice about indigenous peoples' rights was considered as "communal", ant-national, secessionist and disintegrationist. The Dalits ("untouchbale castes") used it in their advocacy but the United Nations has accepted caste based untouchability as descent based discrimination but not yet accepted it as a racial discrimination.

With the fall of the Berlin Wall in Germany and a wave of democracy in the Eastern Europe, Nepal also restored democracy with multi-party political system within constitutional monarchy in Nepal in 1990, Nepal Government began to ratify many international instruments of human rights. Nepal ratified convention on the Rights of Child on September 14, 1990 and Convention on the Elimination of All Forms of Discrimination against Women on April 22, 1991. International Covenant on Civil and Political Rights and the its Optional Protocol, and International Covenant on Economic Social and Cultural Rights were acceded/ratified on May 14, 1991.

Nepal voted Yes to the UN Declaration on the rights of Indigenous Peoples (UNDRIP) at the UN General Assembly on September 13, 2007. Also, Nepal ratified ILO Convention No. 169 on August 22, 2006 and deposited it at the ILO, Geneva on September 14, 2007 and it went in force since September 14, 2008. Although the first report was due on September 14, 2009, Nepal failed to submit it till now. Both ILO C. 169 and the UNDRIP ensure indigenous peoples' right to participate in decision making, the Nepal Government has completely ignored to uphold it.

The Treaty Act of 1991 gives primacy to international conventions. Accordingly, if any provision in the constitution and law contradicts with the Convention, the Convention prevails. This provision was mentioned in the Constitution of the Kingdom of Nepal, 1990 but it was taken out in the Interim Constitution of Nepal, 2007.

The United Nations Office of the High Commissioner for Human Rights (UNOHCHR) after conclusion of nine-day official visit in Nepal by Prof. James Anaya, UN Special Rapporteur on Indigenous Peoples, stated in a press release of December 2, 2009, "While noting that a significant number of members of the Constituent Assembly belong to indigenous communities, Professor Anaya emphasized the need to develop additional mechanisms in the constitution-making process to consult directly with indigenous peoples, through their own chosen representatives and in accordance with their own methods of decision-making, as required by the international standards to which Nepal has committed." The Special Rapporteur in his recent report-"Situation of Indigenous Peoples in Nepal"-stated, "However, the Special Rapporteur is of the view that the indigenous representation and participation in the Constituent Assembly must be improved or supplemented by other means of indigenous participation in the constitution-making process" and " In order for Nepal to comply with the consultation provisions of Convention 169 and the Declaration as it develops a new constitution, indigenous peoples must be afforded greater means of participation in the process than is currently available to them. Unless the existing procedures and mechanisms of the Constitutional Assembly are significantly altered, separate consultations on the constitution should be carried out with the Adivasi Janajati through their own representative institutions, in appropriate forums that are supplemental to the Constituent Assembly."

Nepal has indeed ratified most of the international instruments of human rights but it is weak in its implementation but in the case of implementation of indigenous peoples' right it is the weakest.

2. Identification of indigenous peoples’ own decision-making processes and institutions as well as challenges in maintaining and developing them

There is a conspicuous dearth of literature on identification of indigenous peoples' own decision making processes and institutions in Nepal. It appears that Nepal's indigenous peoples' own decision making processes and institutions are at three different stages:

(a) Indigenous Peoples of the mountain regions continue to practice their own decision making process and have their own institutions in doing so on internal affairs, and they resist external decision making processes and institutions, but they have to accept such external decision making on selected areas;

(b) Some Indigenous peoples of the Hills and the Terai have maintained their own decision making process and have their own institutions but these are marginalized due to the powerful external decision making process and institutions; and

(c) Some Indigenous peoples of the Hills and the Terai have completely lost their own decision making process and have institutions due to the powerful external decision making process and institutions.

Out of 75 districts of Nepal, Mustang, Manang and Rasuwa are three districts with overwhelming population of indigenous peoples. Being remote districts, the government institutions and legal process have least effect among indigenous peoples of these districts. Hence, they have been able to continue their tradition of own decision making processes and institutions unabated. For example, the Marphali Thakali, Tin Gaunle Thakali,  Baragaunle and Loba of Mustang district and Manange of Manang district have their own decision making process and institutions. As a result, the district courts in these districts have no work as no one come to seek justice from these government institutions. Similarly, the Thraus of the Terai have their own Bad Ghar institution. The Newars of the Kathmandu Valley have their Guthi institution. The Gurungs have the Naal Sabha institution.

Indigenous peoples have formed their respective organization to make decisions about their social, cultural and religious life. They have formed the Nepal Federation of Indigenous Nationalities (NEFIN) and the National Indigenous Women's Federation (NIWF), Nepal as their umbrella organizations to have internal consultation of political and non-political issues at the national and local levels.

3. Identification of participatory and consultative mechanisms linked to both State and relevant non-State institutions and decision-making processes affecting indigenous peoples as well as challenges in their effective implementation

Although Nepal is a party to ILO C. 169 and has adopted the UN Declaration on Indigenous Peoples Rights, Nepal has failed to establish participatory and consultative mechanisms. Currently Nepal is rewriting its constitution and Nepal's indigenous peoples movement demand to ensure such mechanism in the Constituent Assembly. It has been aptly noted by Fatimata-Binta Victoire Dah, chairperson of the Committee for the Elimination of Racial Discrimination, who had issued an early warning to Nepal on March 13, 2009. The Chairperson wrote: "In the meantime, in connection with the recent political changes in Nepal and the decision to prepare a new Constitution, issues concerning the participation of indigenous peoples' freely chosen representatives in Nepal's constitutional preparation process have been brought to the attention of the Committee … Nepal's new constitution is currently being drafted by a Constituent Assembly in which indigenous peoples may only formally participate if they were chosen by political pa-ties and act in strict conformity with the manifestos of those parties." The chairperson warned, "I wish to inform you that the Committee, at its 74"' session, held from 16 February to 6 March 2009, considered this matter under its early warning procedure with a view to avoiding irreparable harm to indigenous peoples and assisting Nepal in ensuring that the rights guaranteed by the Conventional are fully recognized and respected." The Chairperson stated, "The Committee recommends that mechanisms be established to ensure indigenous peoples' free prior and informed consent in relation to the constitutional preparation process, and that an indigenous peoples' thematic committee be set up to guarantee the representation and participation of indigenous peoples in political life."

As there was no response from the Nepal Government, the Committee wrote another letter on September 28, 2009. It stated, "… the Committee had called for the establishment of a thematic committee for indigenous peoples to guarantee their full representation and participation in political life. The Committee commends your Government's intention of addressing indigenous peoples' rights through the Committee to Protect the Rights of Minority and Marginalized Communities. However, in light of reports concerning the problems faced by indigenous peoples in aiming to exercise their right to effective participation, the Committee is concerned that this mechanism may not be an effective alternative to a specific thematic committee on indigenous peoples, as proposed by the Committee."

The Special Rapporteur noted, "In its current configuration, the political party system in Nepal seems to not be fully conducive to indigenous peoples’ effective representation and participation in decision-making at various levels, from the Constituent Assembly to local governance … due to internal decision-making structures and practices within existing political parties, which, due to a number of inherited dynamics, have historically tended to overlook indigenous peoples’ specific concerns… in relation to indigenous peoples and other marginalized communities, special mechanisms may be required in order to ensure their effective enjoyment of the right to political participation."

The main challenges in effective implementation of participatory and consultative mechanism linked to both State and relevant non-State institutions and decision-making processes include lack of mechanism and criteria for consultation and participation, non-recognition of indigenous peoples' issues as a crosscutting issue, lack of political will and commitment and lack of supportive legal framework, and non-implementation of ILO C. No. 169, UNDRIP and the recommendations made by Prof. James Anaya, Special Rapporteur on Indigenous Peoples in his recent report "Situation of Indigenous Peoples in Nepal".

Also, international donors play significant role in Nepal but the challenges related to them include lack of mechanisms for consultation and participation with indigenous peoples, lack of policy of partnership with indigenous peoples' organizations, lack of clarity and understanding of indigenous peoples issues and resistance to addressing these issues from within the donor agencies.

The Indigenous Peoples Mega Front, Nepal (Adivasi/Janajati Brihat Morcha, Nepal), an alliance of more than 105 IPOs including the NEFIN, NIWF, Nepal, LAHURNIP and CA Member-Assembly, submitted a memorandum to Mr. Subash Nembang, Chair of the Constituent Assembly and Mr. Madhav Kumar Nepal, Prime Minister of Nepal on November 20  and 21, 2009 respectively to establish FPIC mechanism and from IPs Subject Committee in the CA and to implement the recommendations made by the Expert Committee on ILO C. 169 formed by the Government within December 4, 2009 and to ensure rights of IPs in the new constitution. As the Nepal Government ignored these demands of the Front, the Front launched its first phase of movement from December 6, 2009 to press the Government to meet these demands. In this first phase of the movement the Mega Front successfully organized Sit-In in at Bhadrakali, the central secretariat, transportation halt and Sit-In in front of the Chief District Offices in different districts, all for one hour each, Sit-In in front of the CA building at Baneswor, Torch Procession and finally Nepal Shut-Down ("Bandh") on January 1, 2010 as part of the first phase of the movement.

4. Identification of key measures and challenges related to the efforts to guarantee the right of indigenous peoples to participate in decision-making

The key measures are as follows:

1.      Ensure participatory and consultative mechanism as per ILO C. 169 and UNDRIP in the current constitution making process and also in the new constitution under preparation by the elected Constituent Assembly.

2.      Amend the laws, by-laws and rules and regulation to ensure participatory and consultative mechanism in accordance to ILO C. 169 and UNDRIP.

3.      Establish participatory and consultative mechanism as per ILO C. 169 and UNDRIP both at the national, regional and local levels, in the formulation, implementation and monitoring and evaluation of long term and short terms policies, plans, programs, projects.

4.      Establish participatory and consultative mechanism as in all the political parties registered with the government.

5.      Ensure proportional representation and participation of indigenous women at all levels.

6.      Ensure indigenous peoples rights as per ILO C. 169 and UNDRIP in all projects designed and implemented by bi-lateral, multi-lateral aid agencies and international non-governmental organizations working in Nepal.

The main challenge facing the indigenous peoples is that the Nepal Government and the main political parties controlled by the dominant groups do not listen to indigenous peoples' voice. Therefore, indigenous peoples' mega alliance has launched a peaceful movement to press its demands and make the Government and the main political parties to compel to address the outstanding issues of indigenous peoples.

http://www.google.com/url?sa=t&source=web&cd=1&sqi=2&ved=0CBoQFjAA&url=http%3A%2F%2Fwww2.ohchr.org%2Fenglish%2Fissues%2Findigenous%2FExpertMechanism%2F3rd%2Fdocs%2Fcontributions%2FTribhuvanUniversity.doc&ei=Xxk0TdW7OIH0swObn-msBQ&usg=AFQjCNFKWB0K4jg8Njk9YekAi-0JiidyXQ&sig2=75UE0RLTm-uD1sl40EUdKw 

Adivasi/Janajati Vrihat Morcha (Indigenous Peoples' Mega Front), Nepal

Internal working translation - not authorized by the authors

Adivasi/Janajati Vrihat Morcha
(Indigenous Peoples' Mega Front), Nepal
 
Press Communiqué
Respected Journalists/Media persons friends,
Adivasi/Janajati Vrihat Morcha, (Indigenous Peoples' Mega Front) Nepal has been formed on
2066 Mangsir 6 (21 November 2009, N.S. 1130 Thinlathwa 5) with an objective to launch a
powerful struggle in order to ensure the immediate implementation of the agreements signed
between the State and Adivasi/Janajati parties and organizations regarding the rights of the
Adivasi/Janajatis in the new Constitution being drafted by the Constituent Assembly, such as
federalism, democratic republic, right to self-determination, ethnic autonomy and selfgovernance, secularism, polynational state, linguistic equality, distinct identity of the
Adivasi/Janajatis along with their land, political preferential rights and gender equality on the
basis of the future restructuring of the State, based on historic and ethnic, linguistic and
regional grounds and as has been ensured by such documents as United Nations Declaration
on the Rights of Indigenous Peoples and the  International Labour Organization Convention
No. 169 to which Nepal is a State party.
The powerful struggle also aims at ensuring ethnic autonomy and self-governance along with
self-determination on the basis of ethnic historical backgrounds and languages as we have
wished, as well as the natural rights and interests of the Adivasi/Janajatis while assembling
and organizing the movement of the Adivasi/Janajatis on a national level.
The Adivasi/Janajati Vrihat Assembly, organized at Chumlung Him, Kirat Yakthung
Chumlung, Tikhedewal, Lalitpur on 21 November 2009 (2066 Mangsir 6, Saturday, N.S.
1130 Thinlathwa 5) prepared a Letter of Basic Agreement (attached herewith). The Letter of
Basic Agreement has endorsed such issues as identifying 22-point common issues of the
Adivasi/Janajatis, ensuring 13-points in the new Constitution and ensuring the rights of the
Adivasi/Janajatis in the process of constitution building.
In the process of constitution building, a  thematic committee and other appropriate
mechanisms should be established in the  Constituent Assembly by 2066 Mangsir 19 in
accordance with the provisions of international law, the early warning letter sent to the
Government of Nepal on 13 March 2009 and the follow-up letter sent on 28 September 2009
by the Committee of the Convention on the Elimination of All Forms of  Racial
Discrimination, and the recommendations forwarded on 20 July 2009 by the Special
Rapporteur on the situation of human rights and fundamental freedoms of indigenous people,
in order to seek prior and informed consent of the Adivasi/Janajatis and to ensure meaningful
and effective representation of the Adivasi/Janajatis. Moreover, the constitutional principles,
Preamble, Articles, Clauses, Appendices and other provisions related with, and instrumental
to the issues of, the Adivasi/Janajatis should be endorsed as well  as separate provisions
should be made regarding the identity and collective rights of the Adivasi/Janajatis only after
obtaining free, prior and informed consent through the said mechanism. In addition, as
recommended by the Committee of the Convention on the Elimination of All Forms of Racial
Discrimination, the mechanism and process of obtaining free, prior and informed consent
through the representatives selected in accordance with the traditions of the Adivasi/Janajatis
should be established and ensured within the given deadline. Besides, the Government should
endorse the Plan of Action (POA) submitted by the Task Force of the Government in order to
implement the International Labour Organization Convention No. 169 by 2066 Mangsir 19.
A letter of memorandum regarding the common  issues of the Adivasi/Janajatis mentioned
above, rights to be ensured in the process of constitution building and issues to be
compulsorily incorporated in the new constitution has already been submitted to the
Chairperson of the Constituent Assembly on 2066 Mangsir 11 and to the Prime Minister of
the Government of Nepal on 2066 Mangsir 12 (both the letters of memorandum are attached
herewith). We are compelled to declare the programmes of the first phase of struggle of the
Adiwasi/Janajati Vrihat Morcha, Nepal (Indigenous People's Forum, Nepal) from Mangsir
21, 2066 [6 December 2009] to Paush 14, 2066 [29 December 2009] if the Government of
Nepal, which has always been illiberal and indifferent towards the issues of the
Adivasi/Janajatis, fails to address our genuine,  just and legal demands as mentioned in the
letters of memorandum, by Mangsir 19 [4 December 2009]. (Attached herewith are the
programmes of the first phase of struggle.)
Struggle Committee:
1. Secretary  - Dr. Krishna Bhattachan, Adivasi/Janajati Intellectual
Sd
2. Member Struggle Committee - Pasang Sherpa, Nepal  Federation of Indigenous
Nationalities
3. Member Struggle Committee - Soma Rai, National Federation of Adiwasi/Janajati
Women  Sd
4. Member Struggle Committee - Naresh Tamrakar, Newa: Deya Dabu (Representative,
Jatiya Samstha (Hills))
5. Member Struggle Committee - Basant Sherchan, Thakali Sewa Samiti
(Representative, Jatiya Samstha (Himalayas))
6. Member Struggle Committee - Dhan Bahadur Majhi, Nepal Majhi Utthan Sangh
(Representative, Jatiya Samstha (Terai)) for Sd
7. Member Struggle Committee - Virsu Lal Uranw, Nepal Jhangad (Uranw) Kodem
Sudhara (Representative, Jatiya Samstha (Terai))
8. Member Struggle Committee - Laxman Tharu, Tharuhat Autonomy State Council
(Federal Democratic Republic Forum)  Sd
9. Member Struggle Committee - Kumar Lingden, Federal Limbuwan State Council
(Federal Democratic Republic Forum)  Sd
10. Member Struggle Committee - Kumar Rai, Adivasi/Janajati Sabhasad Sabha  Sd
11. Member Struggle Committee - Suresh Ale Magar, Adivasi-Jatiya-Chhetriya
Mahasangh, Nepal (Representative, Political Parties
Sister Organizations)
12. Member Struggle Committee - Vijay Sainju, Nepa: National Party
13. Member Struggle Committee - Sanjuhang Palungwa, Federal Limbuwan State
Council  Sd
14. Member Struggle Committee - Minraj Chaudhari, Nepal Adivasi/Janajati Students
Federation
15. Member Struggle Committee - Sopa Magar, Adivasi Students Society  Sd
16. Member Struggle Committee - Anjana Tamli, National Federation of Adivasi/Janajati
Women, District Coordination Council  Sd
17. Member Struggle Committee - Shukra Bahadur Majhi, Nepal Adivasi/Janajati
Federation, District Coordination Council  Sd
18. Member Struggle Committee - Nagendra Kumal, Adivasi/Janajati Highly
Marginalised Community   Sd
19. Member Struggle Committee - Lokendra Jero Kirati, Adivasi/Janajati Community
Due to be Registered
20. Member Struggle Committee - Dinesh Ghale, Adivasi/Janajati Professional and
Vocational Organization (Lahurnip)  Sd
21. Member Struggle Committee - Bharat Shrestha, Nepal Adivasi/Janajati Youth
Federation  Sd
22. Member Struggle Committee - Yam Bahadur Kulung, Federation of Adivasi/Janajati
Nongovernmental Organizations  Sd
Date: Sunday, Magsir 14, 2066 (29 November 2009) (N.S. 1130 Thinlathwa 12).
Venue: Centre for Constitutional Dialogue, Hall, New Baneshwore, Kathmandu.
Sd Sd Sd Sd Sd Sd

http://ccd.org.np/new/pages/22%20BSBR_Press%20ReleaseII_Adhibasi%20Janjati%20Brihat%20Morcha.pdf

Vow to ensure indigenous people’s rights

POST REPORT

KATHMANDU, JAN 16 -
Constituent Assembly (CA) Chairman Subas Nembang on Sunday expressed his commitment to set up a mechanism in the CA to ensure participation of the indigenous peoples in constitution-writing process.

Receiving a memorandum from Indigenous People’s Mega Front, a coalition of indigenous peoples, political parties and their organisations, Nembang said, “I will soon consult with the political parties to set up a taskforce to address indigenous peoples’ issues including their participation in the statute-drafting process.”

Nembang said the government would ensure the involvement of all sections of society, including indigenous people in constitution writing. He also assured them that the statute would be written in line with the UN declaration on indigenous peoples’ rights and International Labour Organisation’s Convention 169.

The Committee for Elimination of All Forms of Racial Discrimination under the Office of the United Nations High Commissioner for Human Rights had earlier sent two letters-dated March 13 and Sept. 28, 2009-to the government urging it to set up a mechanism to ensure indigenous people’s prior and informed consent in statute-writing process.

However, the government has not formed any such mechanism so far.

The government’s reply to the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedom of Indigenous Peoples, James Anaya, states that CA Regulations provide that CA chairman may form additional committees as required.

Therefore, we handed over the memorandum to the CA chair urging him to take initiatives for setting up an independent apparatus to ensure indigenous people’s rights, said Krishna Bahadur Bhattachan, the Front’s secretary. 

He said that they had earlier submitted similar memoranda to Prime Minister Madhav Kumar Nepal and former PM Pushpa Kamal Dahal and CA Chair Nembang.

Posted on: 2011-01-17 08:33

http://www.ekantipur.com/the-kathmandu-post/2011/01/16/nation/vow-to-ensure-indigenous-peoples-rights/217310/

Nembang pledges Janajati panel in CA

Added At:  2011-01-17 11:42 PM  

Last Updated At: 2011-01-17 11:42 PM

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HIMALAYAN NEWS SERVICE

KATHMANDU: Constituent Assembly Chairman Subas Chandra Nembang today pledged to set up a separate mechanism in the CA to ensure meaningful participation of indigenous peoples in the constitution-drafting process.

Chairman Nembang made this pledge while receiving a memorandum from the Indigenous People’s Mega Front, which drew Nembang’s concerns towards the need to form such a mechanism to address the agendas of the indigenous people.

On the occasion, the CA chairman said he will soon consult the political parties in the CA to ensure the indigenous peoples’ prior and informed consent in relation to the statute-making process.

Besides, Nembang expressed hope that the government will help ensure optimum participation of indigenous peoples and others.

Moreover, the constitution will also be written on the basis of the United Nations declaration on indigenous peoples’ rights and the International Labour Organisation convention 169, the CA Chair assured.

The Committee for Elimination of All Forms of Racial Discrimination (CERD) under the Office of the United Nations High Commissioner for Human Rights (OHCHR) had written two letters — the first dated on March 13, 2009 and the second on September 28 the same year — recommending the government to form a special mechanism to ensure the indigenous peoples’ prior and informed consent in relation to the new constitution-writing process and avoid the irreparable harm incurred on indigenous communities.

However, the government has not formed any mechanism regarding the indegenous people’s rights so far.

On his part, Krishna Bahadur Bhattachan, secretary of the front, said they handed over the memorandum to the CA chairman as he has the right to form an additional committee as per the CA regulation.

The secretary alos urged Nembang to take initiatives for the establishment of a separate mechanism in the CA to protect the indigenous peoples’ rights and address their issues in the statute-writing process.

http://www.thehimalayantimes.com/rssReference.php?headline=Nembang+pledges+Janajati+panel+in+CA&NewsID=273384

Memorandum Submitted to Chairman

Posted on 2011-01-16

A delegation  of  IPs leaders,  headed by Dr. Krishna Bhattachan, well established IPs expert and general secretary of a newly established Indigenous Peoples Mega Front, Nepal have been  submitted a memorandum to Constituent Assembly (CA) Chairman Mr. Subash Chandra Nembang  at Singha Darbar, Katmandu on Sunday, January-16, 2011.

In the memorandum stated ’the IPs of Nepal have been continuously repressed, depressed, suppressed as well deprived from every resources which exist in the state’. The constitution assembly of Nepal has not been recognized the IPs representation from their representative institutions, the representative institutions are regarded as political institution in the indigenous people’s community.

 Through the memorandum the IPs leaders of Nepal urge the government to set up a mechanism to ensure the indigenous peoples’ participation in the ongoing constitution writing process as per the recommendation of the Committee for Elimination of All Forms of Racial Discrimination (CERD) and UN Special Rappoteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, James Anaya with the rights of rights of free, prior,  informed  and consent at the same time.

Another important matter included in the memorandum is that the government of Nepal reported to the UN Special Rappoteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, James Anaya as ’Constituent assembly regulations provide that the constitution assembly chairman may form additional committees as needed’ in the 15^th session of UN Human Rights Council on 25 September, 2010. While submitting the memorandum Dr. Krishna Bhattachan said’ the government of Nepal is extremely not sincere to address IPs overall issues’.

With receiving the memorandum the CA chairman Mr. Subash Chandra Nembang  assured the delegation representatives  that he will make effort for political consensus among the  political parties to set up separate mechanism under the constitution assembly to ensure the rights of IPs. 

 The memorandum submission program was attended by the Shankar Limbu (LAHURNIP), Y.B. Kulung(NGO-FONIN), Nanda Kandangwa (IPs Expert), Nagendra Kumal(Nepal Kumal Society), Dinesh Ghale LAHURNIP), Bairagi Kaila(Nepal Academy) , Malla K. Sundar (CA member), Bijaya Subba (Former Law Maker), Mangal Sidhi Manandar (CA member) , Indra Kulung(NGO-FONIN), Naresh Tamrakar(Newa Dey Dabu), Dr. Keshav Man Shakya(Nepa Party), Khagendram Makhim, Soni Lama(Women Federation), Nabin Subba(IFA), Balkrishna Mabuhang(CEADS) as well as more than 35 IPs leaders from different backgrounds. 

http://www.lahurnip.com/details.php?id=34

Communication from #UN Special Rapporteur, #CERD and follow-ups regarding exclusion of #indigenous peoples from the revision of #Nepal's #constitution

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Nepal's indigenous peoples demand to participate in the revision of the constitution

4 January, 2010

In January 2010, the Indigenous Peoples Mega Front, the Lawyers' Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP) and the Forest Peoples Programme (FPP) submitted a request to the United Nations (UN) Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, following Nepal's failure to comply with UN recommendations regarding the exclusion of indigenous peoples from the revision of Nepal's Constitution.
Link to the Request to UN Special Rapporteur

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Request to UN Special Rapporteur for follow-up on Nepal's failure to comply with UN recommendations regarding the exclusion of indigenous peoples from the revision of Nepal's Constitution

January 2010

(See CERD's September 2009 communication to Nepal, in related reports)
Submission to the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples (SRIP)
By the Indigenous Peoples Mega Front, the Lawyers' Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP), and the Forest Peoples Programme

• English (0.3 MB)

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Communication by CERD regarding indigenous peoples' rights to participate in revision of Nepal's Constitution

Communication by CERD regarding indigenous peoples' rights to participate in revision of Nepal's Constitution

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(Also see July NGO submission to CERD)

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10 indigenous peoples organisations and FPP

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Submission to the Committee on the Elimination of Racial Discrimination concerning the exclusion of indigenous peoples from the process of drafting Nepal's new constitution. Submitted by ten indigenous peoples organisations and FPP

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NGO request to CERD to consider the situation of indigenous peoples in Nepal

15 NGOs

February 2009

This request to the UN Committee on the Elimination of Racial Discrimination (CERD), under its early warning and urgent action procedures, addresses Nepal's exclusion of indigenous peoples' representatives from the process of revising and adopting a new constitution.
Submission by 15 NGOs.

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Urgent communication to the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples in Nepal

Lawyers’ Association for the Human Rights of Nepalese Indigenous Peoples

Forest Peoples Programme

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Concerning the exclusion of indigenous peoples’ representatives from the process of making Nepal’s new constitution.

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http://www.forestpeoples.org/location/asia-pacific/nepal

Also see http://oiyp.oxfam.org.au/members/dilipr/