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.

The Three Year Interim Plan (TYIP) (2007-2010) includes the following policies for inclusive development of Aadhivashi / Janajatis and other disadvantaged groups: (i) creating an environment for social inclusion; (ii) participation of disadvantaged groups in policy and decision making; (iii) developing special programs for disadvantaged groups; (iv) positive discrimination or reservation in education, employment, etc.; (v) protection of their culture, language, and knowledge; (vi) proportional 

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.
Operational Policy 4.10 ensures that indigenous population benefits from development projects and those projects’ potentially adverse effects are avoided or mitigated.