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
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
Nembang pledges Janajati panel in CA
Added At: 2011-01-17 11:42 PM
Last Updated At: 2011-01-17 11:42 PM
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.
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.
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 15th 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.
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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