6.3.4.1. Relevant Legal Framework
After the peoples' movement 2062/63 inclusion has become hot issue at
all the corner of country. The people have raised their voices for the
elimination of exclusion on the ground of caste, sex, color and geographical
access. The constitution of 2047 BS provisioned for the betterment of
Indigenous Peoples.
The Interim Constitution of Nepal commits the government for the
protection and development of IPs. For the welfare of Aadhivashi / Janajati,
the government set up a National Committee for Development of Nationalities in
1997. The parliament passed a bill in 2002 for the formation of 'National
Foundation for the Development of Indigenous Nationalities,' which came into
existence in 2003 replacing the previous committee. This Foundation has been
working for the preservation of the languages, cultures, and empowerment of the
marginalized ethnic nationalities.
representation in development; and (vii) making the country’s entire
economic framework socially inclusive.
The following Acts and other legislative measures and policies have
emphasized protection and promotion of indigenous peoples' knowledge and
cultural heritage: NEFIN Act 2002, National Human Rights Action Plan 2005,
Environmental Act 1997, and Forest Act 1993. In 1999, the Local Self-Governance
Act was amended to give more power to the local political bodies, including
authority to promote, preserve, and protect the IP's language, religion,
culture, and their welfare.
The World Bank policy includes
“the poor, women, and indigenous peoples, those less able to care for
themselves (children, the elderly, and the disabled); and other groups not
protected by national land compensation law (those without land use rights;
host communities; and community members remaining in the original area after
resettlement)” as vulnerable people’s communities. The ADB policy document on
involuntary resettlement defines vulnerable groups as ‘those that fall below
the poverty line, those without legal title to assets, household headed by
women, indigenous people, ethnic minorities, and pastoralist.” These donor
agencies have given major focus to provide special attention to the vulnerable
communities during involuntary resettlement activities.
The World Bank defines
Indigenous Peoples (IPs) by the following criteria
- Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;
- Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;
- Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture;
- An indigenous language, often different from the official language of the country or region; and
- Identification by the
Borrower Country as an Indigenous Group.