English - Support to Participatory Constitution Building in Nepal ...

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Introduction
Of the estimated 300 million indigenous peoples
of the world, 8.27 million live in Nepal.
Currently, there are 59 cultural groups identified
as indigenous nationalities or Adibasi Janajatis
by the government. The Indigenous peoples
possess distinct identities, cultures, languages,
religions, histories and institutional structures
with spiritual relationship to their land. With
their unique customary laws, knowledge system,
values and world views, the indigenous
peoples form different societies apart from
those with rigid hierarchy of the Hindu caste
system in Nepal.
Discrimination and marginalization of indigenous
peoples represent a major threat to the
rich diversity and democracy in contemporary
Nepal. During the last two and half centuries,
the indigenous peoples of Nepal have been
forcibly removed from their communal land, dispossessed
of their natural resources, exploited
and simply discriminated. Majority of the indigenous
peoples are less well off, have lower educational
and health status than the members of
the dominant societies. Political exclusion and
denial of their right to participate in the national
mainstream have left the indigenous peoples
often without power.
The discrimination and exclusion, which is often
structural and systematic, based on their ethnicity,
language or religion, Mas barred the
indigenous peoples from exercising their individual
and collective rights for non-discrimination,
and to effective participation and cultural
identity. The failure to observe civil and political
as well as economic. social and cultural rights is
a major concern for promoting an equitable,
inclusive and peaceful society in Nepal.
government has continued over eight years in
Nepal. During this arme

Who Are Adibasi
Janajatis?
Approximately 36.3 percent of the population
living in Nepal has been designated as Adibasi
Janajati or Indigenous Nationalities by His
Majesty's Government of Nepal. The term,
today, includes 59 different cultural and linguistic
groups specified in the National Foundation
for Development of Indigenous Nationalities
(NFDIN) Act 2002 i . The Act defines Adibasi
Janajati as those "tribes or communities as
mentioned in the schedule who have their own
"mother tongue and traditional customs, distinct
cultural identity, distinct social structure and
written or oral history of their own".
The term Adibasi and Janajati is generally used
interchangeably in Nepal. The word "Adibasi" is
derived from Sanskrit and means indigenous
Table 1
Mountain
peoples or or:;1al inhabitants. Adibasis are'
also referred l: as Mulbasi (native people) or
Bhumiputra (sc- of the soil).
Over the course of
history, the ter- Janajati, roughly translated as
people, tribe :0 nationality has been widely
adopted to col!~:tively identify these distinctive
groups by the ;jovernment, public discourse
and the indiger::JS peoples themselves. While
"Adibasi" denc:~s peoples' close tie to their
land, territory. ::stinctive cultural world views
and indigeno~3 value systems, the term
"Janajati" is ge-Brally envisaged to reflect their
marginalized c1d excluded social status.
Except for a fe.', groups in the northern mountains
and eaSlE-n Terai, who are believed to
have migrated :s:er, all the Janajatis
are indigenous
to Nepal The table 1 shows the list of
Indigenous pec:'es
Indigenous Nationalities of Nepa'
H~:
living in Nepal:
1 Bara Gaunle 10 MlJgali 1 Bankaria '3 Lepcha
2 Bhutia 11 Sherpa 2 Baramo "4 Limbu
3 Byansi 12 Siyar 3 Bhujel/Gharti "5 Magar
4 Chhairotan 13 Tangbe 4 Chepang "6 Newar
5 Dolpo 14 Thakali 5 Chhantyal "7 Pahari
6 Larke 15 Thudam 6 Dura "8 Phree
7 Lhomi 16 Tingaunle 17 Gurung "9 Rai
(Shingsawa) Thakali
8 Lhopa 17 Topkegola 8 Hayu 20 Sunuwar
9 Marphali 18 Wallung 9 Hyolmo :1 Surel
Thakali
10 Jirel 22 Tamang
11 Kushbadia :3 Thami
12 Kusunda 24 Yakkha
Inner Tarai Teroi
1 Bote 5 Majhi 1 Dhanuk (Rajbanshi) 6 Meche
2 Danuwar 6 Raji ,2 Dhimal 7 Rajbanshi
I
(Koch)
3 Darai 7 Raute :3 Gangai 8 Satarl
Santhal
4 Kumal 4 Jhangad 9 Tajpuria
5 Kisan 10 Tharu
Source:National Foundation for DevelopTl'lY't of Indigenous Nationalities Act 2002.
124 Indigenous Peoples of Nepal and Humor RiQhts
Self-identification has been recognized by the
United Nations (UN) as the fundamental criteria
for defining "Indigenous Peoples". International
Labour Organization (ILO) Convention No. 169
on Indigenous and Tribal Peoples (1989)which
is regarded as one of the major international
instruments for -promoting the rights of the
indigenous and tribal peoples around the world,
for example, defines the indigenous and tribal
peoples as those peoples:
whose social, cultural and economic conditions
distinguish them from other sections of the
national community and whose status is regulated
wholly or partially by their own customs or
traditions or by special laws and regulations;
and who are regarded as indigenous on
account of their descent from the populations
which inhabited the country or a geographical
region to which the country belongs, at the time
of the conquest or colonization or the establishment
of present state boundaries and who, irrespective
of their legal status, retain some or all
of their own social, economic, cultural and political
institutions.
Many Adivasi Janajati organizations and movements
have developed criteria for identifying
themselves as indigenous and distinguishing
the groups from others in the country for selfidentification.
Nepal Federation of Indigenous
Nationalities (NEFIN, 1994),in consultation with
the movement activists, leaders and indigenous
scholars, have defined "Indigenous Peoples" or
"Indigenous Nationalities" in the context of
Nepal based on following principles:
which possess their own distinct tradition and
original lingUistic and cultural traditions and
whose religious faith is based on ancient animism
(worshiper of ancestors, land, season,
nature), or who do not claim "Hinduism"
enforced by the state, as their traditional and
original religion.
Those existing descendants of the peoples
whose ancestors had established themselves
as the first settlers or principal inhabitants of the
present territory of Nepal at the time when persons
of different culture or ethnic origin arrived
there and who have their own history (written or
oral) and historical continuity.
those communities which have been displaced
from their own land since the past four centuries,
particularly dUring the expansion and
establishment of modern Hindu nation state and
have been deprived of their traditional rights to
own the natural resources (Kipat communal
land, cultivable land, water, minerals, trading
points etc.).
who have been subjugated in the State's political
power set-up (decision-making process),
whose ancient culture, language and religion
are non-dominant and social values neglected
and humiliated;
whose society is traditionally erected on the
principle of equality - rath~r than of hierarchy of
the Indo-Aryan caste system and gender equality
or rather women enjoying more advantaged
positions) - rather than social. economic and
religious subordination of woman. but whose
social norms and values have been slighted by
the state:
who formally or informally admit or claim to be
"the indigenous peoples of Nepal" on the basis
of the aforementioned characteristics.
One of the major distinguishing features of
Adivasi Janajati of Nepal is that they do not
belong to the Hindu caste system. The Hindu
Varna scheme and associated hierarchical
caste system based on purity and pollution is
the key factor for separating the indigenous
people from the non-indigenous in Nepal. The
Adivasi Janajatis maintain that they are outside
this scheme and consider the caste system as
a form of racism as it forcefully places them in
unequal position within the hierarchy.
Special relationship to their territories. possession
of distinctive cultures, religions, languages
and histories different from those of the Hindu
caste groups distinguish the indigenous peoples
from others in the country. They further

share the experience of political marginalization,
cultural discrimination and economic deprivation
as common themes to identify themselves.
Despite the similarities as indigenous
nationalities, there exists a rich diversity within
these groups in terms of culture, religion, language,
economy, as well as social and political
status.
Population and Distribution
According to the census report of 2001, there
arj;l8,271,975 indigenous nationalities living in
Nepal spreading across the mountain, hill, inner
Terai and Terai regions and all the 75 districts.
Although the indigenous peoples are found
across the entire country, they show a higher
concentration in the eastern, central and westem
development regions with sparse distribution
in the mid and far west. For example, about
65% of the indigenous nationalities are found in
the eastem and central development regions
whereas far western region has only about 5%.
Some of the indigenous peoples have their
counterparts in the north-eastern states of India
particularly Bihar, Uttar Pradesh and West
Bengal.
Despite the fact that the government has identified
59 indigenous nationalities in the country,
the census 2001 has enumerated only 43 of
them. This is believed to have been caused by
the relatively short history of the census practice
to generate population data disaggregated
by caste and ethnicity in Nepal along with the
lack of knowledge about these groups living in
isolated parts of the country. The population
figure, therefore, may not give an accurate representationof
the indigenous population.
The numerical strength of the different indigenous
communities varies greatly. Kusunda, for
example, has the lowest number with only 164
people while the Magars, Tharus, Tamangs and
Newars are 1,622,421, '1,533,879, 1,282,304,
and 1,245,232 respectively in numbers. In
terms of population, Nepal does not have a
majority of any single group. The largest group
of people is from non-indigenous Chhetris who
comprise 15.8% followed by 12.7% Bahuns.
The Chhetris and Bahuns fall in the first two
ranks as the most populated groups. Magars.
Tharus, Tamangs and Newars are third, fourth.
fifth and sixth most numerously populated
groups respectively in the country. Indigenous
Nationalities belonging to Raute, Hyolmo and
Kusbadiya people have popUlation below 700.
The table 2 shows the distribution of indigenous
population by geographic region:
Populotion of Indigenous Nationalities in
Nepal
Each of the indigenous groups has their traditional
homeland. Magars are concentrated in
the western region and they are·the first numerously
popUlated group in Tanahun, Myagdr.
Palpa, Baglung, Nawalparasi, Pyuthan and
Rolpa districts. The region of the Magar inhabitants
is known as Magarat. Similarly, Tharul7at
refers to the place of the Tharus who have highest
concentration in Sunsari, Dang, Bardiya.
Kailali, and other Terai districts. Tamangs are
the first numerously populated group in the districts
surrounding Kathmandu Valley which
include Sindhupalchowk, Kavre, Rasuwa,
Nuwakot, Dhading. Makwanpur, Ramechhap
and Dolkha. The Tamangs traditional territory is
known as Tamsaling. Newars are the highestin
Kathmandu, Lalitpur and Bhakptapur districts
referred to as Nepal Mandai. The Gurungs call
their region Tamu-mai-yhul and are numerous
in the western districts of Gorkha, Lamjung.
Manang, Mustang and Kaski. Similarly,Rai are
the first numerously populated in the eastern
districts of lIam, Dhankuta, Sankhuwasabha,
Bhojpur, Khotang and Solukhumbu known as
Kirat Pradesh and Khambuwan while the
Limbus from Limbuwan are highest in
Taplejung, Panchthar and Terathum.
Nepal has other mUltiple castes as well as linguistic
and religious groups besides indigenous
nationalities. The most dominant ones are inmigrated
'high' castes Hindu groups from the
hills which comprise 30.89 per cent altogether
and includes Chhetris, Bahuns, Thakuris and
Sanyasis. Another 'upper' caste group is from
the Terai with 12.3 percent of population. There
are about
15% of Dalit
caste population who are
traditionally considered as
untouchables. The
Muslim population is 4.3%
of the total according to
census 2001.
Table2
2. Bhote
Brief History
Thakali
Oral accounts are the i4
major source for the histories
of the Adibasi and
Janajatis in Nepal. Scanty
written sources on the
ancient history of Nepal
tells us that the indigenous
6
Kiranti people were the 7
first rulers of the 8
Kathmandu valley. It' is 9
believed that the Adibasi
Janajatis were living in
societies organized
around the various small
kingdoms, chiefdoms and
clans across the.southern
Himayalan foothills when
the Indo-Aryan speaking
population entered
through western Nepal
during 11th centuryiii.
Very little is known about
the history of Adibasi
Janajati population until
the medieval, period
except that they were selfgoverning
people and that
they understood their territories
as independent
principalities. Major
changes for the indigenous
peoples in Nepal
began to occur with the
arrival of the Indo-Aryan
people and their cultural
Groups
Mountain
and political domination. Restructunng of the
society along the line of caste hierarchy in
Indigenous Nationalities Of Nepal
..__-"opulCJ!i~"-- .~ ~~o~p_s .~~uICJti...?-rI ._~_
190,107 0.82 InnerTerai 251,117 1.11
154,622
19,261
12,973
2,103
1,148
0.68
0.08
0.06
0.01
0.01
26 Kumal
,27 Majhi
28 Danuwar
;29 Darai
'30 Bote
31 Raji
H~II L~~~3~~~_ 26.~ :32 Raute
Magar
Tamang
Newar
Rai
17 Pahari
18 Chhantel
Brahmu/Bara
19 mu
22 Lepcha
23 Hayu
24 Yholmo
25 Kusunda
1,622,421
1,282,304
1,245,232
635,151
359,379
117,568
95,254
52,237
22,999
17,003
11,505
9,814
3,660
1,821
7.14
5.64
5.48
2.79
1.58
0.52
0.42
0.23
0.1
0.07
0.05
0.04
0.03
33 Tharu
34 Rajbansi
Santhall
35 Sattar
Jhagarl
36 Dhagar
37 Gangai
38 Dhimal
39 Tajpuriya
40 Meche
41 Kisan
42 Koche
43 Munda
0.02 Unknown
Adibasi
0.02
0.01
99,389
72,614
53,229
14.859
7,969
2,399
658
1,786,986 7.85
1,533,879 6.75
95,812 0.42
41.764
31.318
19.537
13,250
3,763
2,876
1,429
660
0.44
0.32
0.23
0.07'
0.04
0.01
o
018
0.14
0.09
0.06
0.02
0.01
0.01
o
Total
Populationof
NePal 22,736,934 100
Total
Indigenous
Nationalities

Kathmandu valley by Jayasthiti Malia in the
14th century is thought to be the first major incident
that began disruption in the egalitarian
value base of Adivasi societies and introduction
of Hindu domination. A similar process of political
domination and encroachment upon the
native. societies by the Thakuri chieftains was
underway in the westem hills.
The process of domination finally culminated in
the territorial "unification" of Nepal in 1768 by
King Prithvi Narayan Saha. The "unification"
p~ject eventually submerged 64 small kingdoms
and political units in Nepal under one
umbrella either through violent conquest or
negotiation. The "unification" of Nepal basically
meant an end of independence for the indigenous
nationalities of Nepal. The loss of independence
and autonomy was followed by the
gradual loss of their rights over land and other
natural resources. Although King Prithvi
Narayan Saha characterized Nepal as "a garden
of four caste and thirty-six Varna" - his mission
was to make the country "asali Hindustan"
(true Hindu land). As the new ruler of ·unified"
Nepal was guided by the principles of Hindu
Shastras and Laws, the state lacked tolerance
to cultures, languages, religions, customary
laws·and knowledge systems of the indigenous
peoples and, consequently, they began to face
discrimination and to lose their heritage.
Indigenous activists and scholars often term the
process set off by unification as "internal-colonization".
Ascendance of Jung Bahadur Kunwar in 1846
as Prime Minster and the autocratic Rana rule
that thrived during the next 104 years was
another dark chapter in the history of the
indigenous peoples in Nepal. Through the political
exclusion, economic exproitation, and cultural
marginalization of the indigenous peoples,
the Rana rule consolidated and reinforced the
Hindu domination in the country. Soon after the
return from his trip to the United Kingdom,Jung
Bahadur Rana introduced the first Nepalese
Code: the Mu/uki Ain in 1854. It codified the
dominant Hindu value system of Nepal's rulers
as Nepal's law and restructured the diverse
Nepali society into four tiered caste hierarchy.
The ritually pure 'twice born' Tagadhari Brahmin
and Chhetri were placed on top of the hierarchy
while indigenous nationalities were slotted
beneath them as Matwali "alcohol drinking
castes". Within the Matwali groups, some were
further classified into caste category as
enslavable (masine) low caste groups.
Through this Muluki Ain, the Nepali rulers formalized
punishments for failing to observe the
caste hierarchy and these punishments differed
for the same crime according to the specific
caste status. Minority religion and languages
were actively discouraged and at time prosecuted.
For the Indigenous Nationalities who never
belonged to the Hindu caste system, it was a
forceful incorporation with grossly discriminatory
treatments. The impact of this legal code has
been wide and deep in the indigenous societies
in terms of humiliation it inflicted and the disruption
it induced in the egaJitarian social structures.
Declaring himself as Maharaja, Jung Bahadur
Rana centralized the judicial, legislative and
executive powers in the hereditary Prime
Minister and his Councils. The Prime Minister
and his Councils appointed and commanded
the district officers (badahakims) and extended
direct and indirect political control even in the
remotest parts of indigenous territories. The
state apparatus were characterized by bureaucratic
culture defined in line with a patronage
system and caste principles. The Rana period
is termed as an epoch of great suppression for
the indigenous peoples in all spheres of their
lives with long lasting effects extending into the
future.
With the monopoly over political power, the
Rana rulers controlled and exploited the wealth
of the indigenous peasants and their territories
to the extent that they are left permanently
stripped of resources. Through the centralized
taxation system based on privatizing land
tenure system, imposition of corvee labour and
birta land grant practice,the aristocracy appropriated
the meagre surplus of the indigenous
peasants and removed them from. their land
throughout the nineteenth centurylV. The
Ranas' sharing of the appropriated resource
with groups of Parbatiya high caste led aristocracy
and bureaucracy, benefited both the
groups greatly. While this mechanism helped
sustain their monopoly, the economy of the
indigenous nationalities became irrecoverably
damaged and stagnant. More specifically, loss
of their land - which was the base of subsistence
livelihood of the indigenouspeoples led to
loss of their history,culture and identity.
The Indigenous Nationalities of Nepal experienced
a newer form of domination and hegemony
after the fall of the Rana regime, especially
during the Panchayat Era (1960-1990).
1=hepolitical system called Panchayat, headed
by an absolute monarch, was engaged i~ a
project to "modemize"Nepal and attain "national
integration" through homogenization. Since
common culture was thought essential for
nation-building, policiesfor "one language, one
dress" was officially promoted. Interestingly
enough, the culture and values of the reigning
Parbatiya Hindus was chosen to be the paradigmatic
model for creating a common Nepali
culture. To become citizens of modern Nepal,
the indigenous nationalitieshad to speak Khas
Nepali language, observe caste system, follow
Hindu religion and wear maya/posh suruwa/
and Dhaka topi.
The Constitution of Nepal 1962, for the first
time, declared Nepal as a "Hindu Kingdom",
During the Panchayat regime, debates and
efforts pertaining to ethnicity and culture other
than "national" culturefashioned in line with the
high caste Hindu ways was discouraged as
"communal" and "anti-national" and, therefore,
met with strong officialoppositions. The impact
of the state policiesof Hinduizationand homogenization
of cultural diversity threatened identities
and severely constrained indigenous
nationalities to practice and promote their language,
cultural tradition, religion and identities.
"Development" was another promise made by
the Panchayat system for modernizing the
Nepali state. National development was modeled
in evolutionary framework. in which the
Parbatiya Brahman/Chhetri was placed at the
apex of the evolutionary chain while the indigenous
nationalities in general were perceived as
"backward". The govemment policies including
school education promoted Hinduization and
Sanskritization as parameters of civilization and
development where least Hinduized groups
such as Chepangs or libeto-Burman language
speaking Bhotes were considered as primitive v .
Assimilation oriented development programmes
largely controlled by the high caste elites ~tigmatized
and pauperized the indigenous nationalities.
Further, many of the development projects
and National Parks set up in the territories
of the indigenous nationalities further displaced
them and fostered large disparity in the Nepali
society.
Advent of multiparty democracy and associated
freedom of expression in 1990, provided an
opportunity for articulating the pains of historical
injustice and 101Tg standing grieWlnces of ~he
indigenous nationalities in Nepal. Restoration
of democracy through the People's movement'
and subsequent installation of the new
Constitution which recognize the country as
"multi-ethnic and multi lingual" symbolized a victory
in itself on the part of the people.
Nevertheless, failure of the system to address
the indigenous peoples' hope to reduce the
socia-cultural and politico- economic inequalities
and promote human rights remain urgent
issues.
HumanRights Yearbook 2004
Nepal is currently going through fatal armed
conflict after the Maoist started "People's War"
in February 1996. Conflict studies suggest that
the main causes of the conflict are political, economic
and social exdusion and discrimination

.~.
based on caste, ethnicity
and language.
Table3
The elites comprising
Brahmins, A. Endangered
Chhetris and some
assimilated Newars
not only continue to
monopolized the
power, resources
and social status but
also protected it with
tetal disregard for the
poor. Grievances of
the excluded indigenous
ethnic groups,
oppressed women
and dispossessed
Hindu lower caste
Dalits have led to the
contribution to the
conflict in significant
ways. On the other
hand, the indigenous
nationalities and
other marginalized
communities are the
Kusunda
Bankaria
Raute
Surel
Hayu
Raji
Kisan
Lepcha
Meche
Kusbadiya
E.".-~d_vantag~~
1 Newar
2 Thakali
largest groups who have been suffering
victimization by this armed conflict.
Situation of Adibasi Janajatis
Majority of the Adibasi depends upon agriculture
for their livelihood. Forest and water
resources continue to playa major role in the
economy of the indigenous population. Some
of the groups such as Kusunda, Raute,
Kusbadiya, Hayu and Chepang rely on slash
and burn cultivation, hunting and gathering.
Similarly, Majhi and Bote traditionally earn their
livelihood from water. Due to the encroachment
upon agricultural land, forest and other natural
resources by the non-indigenous groups, there
has been a decline in resource access for the
indigenous population, Starting with privatization
of land, Birta land grant practice, through
land grabbing practice of money lenders to the
setting up of wildlife areas and national parks in
8. Highly
Marginalized
----------.~ --
1 Majhi
2 Siyar
3 Lhomi
4 Thudam
5 Dnanuk
6 Chepang
7 Satar (Santhal)
8 Jhangad
9 Thami
10 Bote
11 Danuwar
12 Baramu
1 Sunu•.•. ar
2 Than.
3 Tamang
4 Bhuje
5 Kuma
6 Rajbansi
7 Gangai
8 Dhimai
9 Bhote
10 Dara'
11 Tajpuriya
12 Pahari
14 Dolpe
15 Free
16 Muga
17 Larke
18 Lohpa
19 Dura
20 Walung
Source: Nepal Federation of :c:lgenous Nationali:.as (NEFIN,. 2004
1
2
3
Gu,Jng
Maga~
Ra'
4 Lim:J~
5 Chnairotan
6 Tangbe
7 TingauleThakali
8 Bargaule
9 MarphaliThakali
10 Sherpa
11 Yakkha
12 Chhantyal
13 Topkegolsa 13 Jirei
14 Byansi
15 Yolmo
the best agricultural land and forest in the
indigenous territories, the indigenous peoples
are increasingly pushedto the marginalareas.
As a result, many of the indigenousnationalities
are landless. InCreasinglandlessness among
the indigenous peoples is caused by the inappropriate
policies of the governmentand development
projects. The indigenous people's
labour continues to get exploited by the nonindigenous
and richer section of SOCiety.It has
been reported that every bonded laborer now
referred to as (ex, Kamaiyas in western Nepal
belonged to the indigenous Tharu people and
that 97% of the landlordsare Bahuns,Chhetris
and Thakuris vi . Morerecently,out migrationfor
working as wage laborer both in the cities of
Nepal and in the Gulf and other countries has
emerged as one of the options for Adibasi
Janajatis to suppiement their family economy.
Except in the British Army service, labourers
Table4 Human Development by Caste and Ethnicity, 1996
_._-~-~-~. __ .__ ..-.- -----
Human
Madhesi Dalit Muslim Others
development Nepal Brahmin Chhetri Newar janajati
indicators
~_.----'-----.......,.-----~'
-"-- _._----.-_ .. .---_.------" .
60.8 '56.3 62.2 53 58.4 50.3 48.7 54.4
Life expectancy 55
Adult literacy (%) 36.7 58 42 54.8 35.2 27.5 23.8 22.1 27.6
Mean years
of schooling .2.25 4.647 2.786 4.37 2.021 1.7 1.23 1.358 :1.88
Per capita
income(NRs) 7,673 9,921 7,744 11,953 6,607 6,911 4,940 6,336 7,312
Per Capita PPP
income (US$) 1,186 1,533 1,197 1,848 1,021 1,068 ;764 979 1,130
Life expectancy
'0.557 ~0.42 !0.395 !0.49
index 0.5 0.597 0.522 0.62 0.467
0.3 0.49 0.342 0.462 0.28 iO.221 0.19 ,0.178 0.226
Educational
attainment index
Income index 0.18 0.237 0.181 0.289 0.152 0.16 i 0.11 0.145 0.17
Human
development
index, HDI 0.33 0.441 0.348 0.457 0.299 '0.313 ,0.24 0.239 0.295
Ratio of national
96.28 73.6 73.67 90.94
HDI 100 135.87 107.31 140.7 92.21
. -" ------- -- --- - -- --- -- -- ._--
from indigenous nationalities tend to involved in
wage labour as an unorgani'zed force and are
SUbjectedto different forms of I~bor exploitation.
Available data for the selected indigenous
groups on literacy and economic status shows
that 58% of the indigenous peoples excludin.~
Newars, live below the official "poverty line"vlI.
Degrees of poverty greatly vary among the different
indigenous groups. For example 71 % of
the Limbus are found to be living below the
poverty line. The poverty level of some of the
endangered Adibasi Janajatis such as
Bankariya, Kusunda, Raute7 Hayu and Mechhe
would be extremely appalling. Different status of
the various indigenous nationalities is reflected
in the table 4, classification forwarded recently
by NEFINviii:
Overall disadvantaged situation of the Adibasi
Janajatis is well reflected in the human development
indicators. The Janajatis, as historically
marginalized groups, lag behind in human
development indicators along with low income
and asset levels and educational attainments.
As can be seen in the table 5 Janajati groups,
except the Newars,fall below the national average
in every indicator to measure human development.
Human Rights Yearbook 2004
Human Develop~ent by Caste and Ethnicity,
1996
The above figures of human development
indices by caste and ethnicity illustrate that
there is a close correlation between caste status,
health, education and income levels.
Disparity in the education level is the most
important factor in perpetuating inequalities in
the Nepalese society. The enduring legacy of
the caste system and biased educational programmes
are the major factors behind the
sharp disparitiesin the educational status of different
social groups in Nepal. The overall pattern
shows that belonging to a Brahmin, Newar
or Chetri family (regardless of income level)
increases a child's probability of school participation
by 13 percentage pointsiX. Nepal cur-

ently has more than 19% of the officially
school-going-age children out of
school, with a high drop out rate.
Ministry of Education
states that almost
all of those children who are out of
school and dropped out, are from
indigenous nationalities and other marginalized
groupsx.
The situation of low educational status
of the Indigenous Nationalities is also
reilected in the inequity in number of
the highly educated
and the university
teachers in Nepal. The data presented
in table 5 is demonstrative that while
the higher Hindu castes (Bahun and
Chhetri)
make up only 30% of the population,
they make up well over 50% of
the university teachers in Nepal. The
Table 5
Ethnicity/Caste of Highly Educated Population
_.__ .
-'._--.-- ..-----------_._----_. ---- '.-._ ..--_..
Tribhuvan Percentatge
Ethnic/Caste Graduates University of Total
Brahmin
, Chhetri
Newar
Newars with 5.6% of the population occupy
almost 29% of all the university teaching positions.
The ethnic and indigenous peoples from
the hill constitute 20% of Nepal's total population
but make up only 3% of Nepal's
teachers.
Ethniclty/Caste of Highly Educated
Related to education
Group Teachers Population
Hill Indigenous
44.3
13.7
30.7
41
11
28.9
12.9
17.7
5.6
Groups 2 3.2 20.2
Terai Groups 10.9 14.2 27.4
Muslim 0.4 0.9 3.5
. Others 0.2 0.7 _, __ 14.~
"T~~L=~.--=. 100. =-'100' __'_ .!9-L_
university
is the issue of child labor.
According to a study on child labor, about 70%
of the 46 thousand children involved in long distance
portering work belong to indigenous
nationalities. The children from indigenous
communities are also massively engaged in
brick making factories and carpet weaving.
Similarly 36% of the street children involved in
rag-picking in the streets of cities of Nepal,
come from indigenous nationalities. Further
more, 50% of Nepal's domestic child servants
are from indigenous communities xi . For the
indigenous peoples, child rights issues are
closely related to inaccessibility to universal
education in their mother tongue and the worst
forms of child labor. Reports of increase in
recruitment of child soldiers by the insurgents
further threatens the rights and wellbeing of the
indigenous children across the country.
Source: Gurung. 1998
The issue of lingUistic rights is another major
concem for the indigenous nationalities Nepal.
The census 2001 reports 75 languages and 34
dialects spoken in Nepal. Majority of the languages
belong to Tibeto-Burman family.
Because of the commercial value and political
dominance of Nepali language, Adibasi Janajtis
are compelled to speak the state language.
Generally, some Adibasi are bilingual and speak
their native tongue and Khas Nepali language.
On the other hand, very few members of the
Nepali speaking communities speak Tibeto-
Burman languages and remain largely monolingual.
The Constitution of Nepal 1990 recognizes all
the languages, spoken as mother tongue in different
parts of Nepal, as "national languages".
Nevertheless, these languages are not allowed
to be used in public administration and education.
In the absence of proper policies, many of
Nepal's indigenous mother tongues, particularly
those belonging to the Tibeto-Burman language
family, are in danger of disappearing.
Categorizing languages according to levels
such as safe, at risk, endangered and extinct,
has revealed that most of Nepal's indigenous
mother tongues are believed to be endangered
and 20 of them are at the stage of extinction xii .
Table 6
Caste/Ethnicity Index of Participation in Governance, 1999
- ----'- -~ .. -'_. ~-'--..._--_. __ . - ._---.- ..__._------~--_.- ---_.~_._~------_._- -----._--
Brahmin/Chhetri Newar Janajati Madishe
Institutions
HDlDaIIt others Total
- ---'._--- --,--- - - ._._----~._. -,.-- ----._-.-- - ._--.----------- --. -_.
# % # % # % # % #
---------;------ --- % # %
"-'
-----_._-~---._._--------
Judiciary 181 77 32 13.6 4 1.7 18 7.7 235
Constitutional
bodies/Commis
sions 14 56 6 24 2 8 3 12 25
Cabinet
Public
20 62.5 3 9.4 4 12.5 5 15.6 32
Administration 159 60 20 i 7.6 36 13.6 46 17.4 4 1.5 265
Legislature 190
Political party
77.6 43 17.6 3 1.2 9 3.7 245
leaders
Local
97 58.8 18 10.9 25 15.2 ; 26 17.8 165
government
Industry/comm
106 55.5 30 15.7 23 12 31 16.2 : 191
erce 7 16.7 20 47.6 0 0 15 35.7 42
Education
sector
Cultural
75 77.3 11 11.3 2 2.1 7 7.2 1 97
Organizations 85 69.1 22 17.9 6 4.9 0 0 123
Science and
62
Technology 36 58 18 29 2 3.2 6 9.7
Civil Society 41 75.9 8 14.8 1 1.9 4 7.4 54
Total 1011 66.5 231 15.2 108 7.1 170 11.2 5 0.3 0 1520
Percentage 66.5 15.2 7.1 11.2 0,3 0 100
% of Nepal's 100
Population 31.6 5.6 22.2 30.9 8.7 0.1
Difference % 34.9 9.6 -15.1 -19.7 -8.4 -1
Source: Adapted from Lawat; (2002) and Neupane, 2000:82, based on Nepallnstitutionaf Manpower Directory
Women in general enjoy equal status in Adibasi
Janajati societies. Women traditionally take
parl in the social and community activities as
well as bear important responsibilities in the
family and, therefore, commands equal respect
as their male counterparts. Contrary to Hindu
caste societies, social structure and cultural values
of the Adibasi communities allow women to
assert their rights over parental property in various
forms and allows remarriages inclUding
widow marriage. Despite the fact that traditional
system provides equal status to women,
Adibasi women today lag behind in various indicators
and have become direct victims of specific
fonms of exploitation and violence. With the
growing penetration of the Hindu value system,
Sanskritization and globalization, the degree of
such victimization of women is increasing considerably.
Literacy rates of the women from Adibasi
Janajatis and their inclusion in the country's civil
service is alarmingly low. Out of the total
93,716 civil servants, for example, there are
only 979 indigenous women are employed in
the lower level non-gazetted service xiii .
Although indigenous women are taking active
part in the local Village Development
Committees (VDC) where they are numerically
majority, no women has been elected so far to
the post of Chair Person or Vice Chair Person of

the District Development Committees(DDC)xiv.
However, Jayanti Rai, elected Vice-presidentof
Bhojpur District Developement Committee can
be taken an exception.
With low levels of literacy and equally low
access to resource and decision making,
Adibasi women suffer from poverty,'discrimination
and exploitation. With the growing liberalized
market, women are compelledto work long
hours in carpet industries and other daily wage
labour in exploitative conditions. Moreover,
women and girls from Adibasi communities
have become easy targets for trafficking and
sexual abuses. A study conducted in 1998 by
New Era on commercial sex workers and
women trafficking in Nepal show that 37.2% of
the commercial sex workers come from Adibasi
Janajati communities and a large proportion of
them, with 42% are sold to the brothelsof Indian
citiesxv. Women's exclusion and gender discrimination
although exist across the caste and
ethnic communities, indigenous women suffer
from a state of double discrimination- as women
and as indigenous people who belong to different
cultural and linguistic groups.
The on-going violent political conflict between
the Maoist and govemment security forces in
Nepal has severely victimized the indigenous
women in many ways. As of the December
2003, a total of 561 women have been killed
during the "Peoples' War" out of which 28%
were from Adibasi Janajati communities. Killing
by the security forces weigh much higher comparedto
81 women killed by the Maoist. For the
first time in the history of Nepal, women have
been brutally killed in the violent political conflict.
The sufferings of women in the form of
rape, humiliation and torture remain unrecorded.
Apart from death and physical abuses,
women in the Conflictaffected areas are forced
to endure additional burden to run their farm
and family, as the war make the male members
leave the village.
Ethnic/Caste of Gazetted Civil Composition of Governing Elites
Servants
Bahun,
Indigenous
1854 (signatories of
Position Chhetri, Social Groups 1999
Groups
Muluki Ain)
Newars.
No % No %
Secretary 87.6 0 High caste (Hill) 166 78.3 763 66.2
Additional
High caste
Secretary 92.3 3.1 (Newar) 32 15.9 152 13.1
Deputy
High caste
Secretary 88.9 0 (Terai) 2 0.9 138 11.9
Joint
Indigenous
Secretary 94.5 2.1 Ethnic Groups 6 2.8 97 8.4
Assistant Dalit caste 0 0 2 0.3
Secretary 96.2 0.9
Section
Other (caste
Officer 92.6 2 _u_nidElnt!fia!>le)
-
6 ---_._- 2.8 0 0
------ .-
Total 212 100 1152 99.9
Source: Gurung. 1998. Social Demographi and Expressions. 2003. Trident and Thunderbolt:
Cultural Dynamics of Nepalese Politics
I
One of the major causes of deprivation and
human rights violation of the indigenous peoples
is seen in their exclusionin the governance
and politics. A systematic exclusion of these
people in the national power structure fostered
by the Rana regimestill continuesto exist. The
lack of participation of the diverse ethnic caste
groups in the state mechanismis often taken as
the manifestationof "internalcolonialism"where
high caste Bahun and Chhetris rule over the
other population.
Exclusion of the indigenous nationalities is
rather systematic in Nepal. They are not only
excluded in politics, govemment bureaucracy,
and judiciary but also in many other civil society
and private sectors. The table 6 illustrates
that participation in govemance is not reflective
of Nepal's caste and ethnicdiversity,and, therefore,
shows exclusionary nature of Nepal's
democracy. As can be seen in the data, indigenous
peoples have only one third of the representation,
while high castes have more than
twice the level of participationin governance in
relation to their numeric proportion.
It is remarkable to note that there has not been
a single Prime Minister from among the
Indigenous Janajatis (except Newar) in the
whole history of the cabinet in Nepal. A closure
________________________
look at the government bureaucracy illustrates
the imbalance of power in even more pronounced
ways. Indigenous ::Jopulation has
insignificant presence in the government civil
service and the trend shows that it is becoming
even worse in 2003. Given tha: there is no special
measures taken for caste and ethnic equity
in the Nepalese civil service. oeroetuation of the
established elites with hlghe' education is
inevitable. As Harka Gurung has noted "the
Gazetted civil service posts seems Virtually the
fiefdom of Bahun, Chhetri an::! Newar"xvi. The
tables below show the domination of these
groups in higher positions in civil service and
legislation:
Number of Victims Killed by the State and Maoist
(13.Feb~1996· 31·Dec-2003)
Caste/Ethnicity
Total People Percentage ~Hled..
Killed By State ~y_tv1~()~~__.!()ta~_
---
AdibasilJanajati 1763 13.78 7.55 21.33
ChhetrilThakuri 1551 8.19 10.57 18.76
Bahun 905 5.2 5.75 10.95
Dalit 400
Terai Caste 186
Others 90
I
Not Identified
-
3370
Total 8265
II
Source: INSEC
3.53 1.31 4.84
0.83 1.42 2.25
0.57 0.52 1.09
33.88 6.9 . 40.78
65.98 34.02 100
With the total control of the stale apparatus by
the high caste Hindus and state policies of
assimilation for Hinduization and
Sanskritization, the cultures, religions and languages
of the indigenous peoples are at the
verge of destruction. Nepal continues to officially
pretend to be "the only Hindu Kingdom" in
the world. The state investment favor high
caste culture and religion. Nepali nationalism is
erected according to the Hindu symbols and
icons. The indigenous religions following animism,
Kirat, Buddhism and other forms of tribal
religion has been underminec in the process.
Like in other countries of the world, throughout
the past, an underlying objective
of government policy towards
indigenous peoples has been to
promote their assimilation, with
deeply held caste prejudices.
The process of assimilation has
denied them their right to be
indigenous and culturally distinct.
Indigenous systems have been
particularly repressed and their
rights to their cultural identity,
resources and services are systematically
denied. As a result
their livelihoods are under constant
threat. This has grossly

violated the social and cultural rights of the people
living in the multicultural society of Nepal.
Despite the numerous problems they are facing
today, the indigenous nationalities in Nepal are
ever more determined to retain their culture,
identity and IifestyJes.and struggle for the rights
to which they are entitled. Such determination
is reflected in the current vibrant movement
coordinated by the National Federation of
Indigenous Nationalities (NEFIN) and its member
organizations with full awareness of the
threats to their livelihood and cultural survival.
The movement has successfully mobilized the
diverse groups of indigenous peoples and
impacted in general public and political discourse
in a significant way. Both inside Nepal
and internationally the movement has demanded
that the state and international bodies recognize
the historical injustice and extreme deprivation
they continue to experience, and the
need for effective remedial actions for creating
a just society.
Impact of Conflict on Indigenous Peoples
The "People's War" originated in the Magar
heartland of the mid western region with an
attack on Holeri police post in Rolpa in February
13, 1996. The stated -------------------------
objectives of the "pro- Table 9
tracted people's war" is
to overthrow the bureaucratic-capitalist
class and
state system, uproot
semi-feudalism and drive
out imperialism in order
to establish a new demo- Bahun
cratic republic. The gov- ChhetrifThakuri
emment of Nepal has Adibasi/Janajati
responded by labeling
CPN (Maoists) as terrorists,
Dalit
disrupting law and Terai
Caste
order within the country.
The failure of peace talks
and continued war during
the last eight years
has resulted in unparal-
Others
Not Identified
Tolal
lei violence and human rights violation in the
history of Nepal xvi ;. Indigenous peoples have
been among the m:lst badly affected groups by
the violent politica' conflict between Maoist and
the govemment.
Of the total 8,265 people killed between 13
February 1996 anc 31 December2003,21.33%
are identified as belonging to the Adibasi
Janajatis. Out of tn:lse killed, 65% are reported
to have been killec by the state security forces.
Although more tha" 40% of those killed remain
unidentified,the caste and ethnic pattern of the
fatalities suggests that the state victims are
concentrated amongst indigenous Janajatis
while Maoist victims are concentrated among
higher caste Chhetris,Brahmins, and Thakuris.
The table 8 shows the distribution of victims
killed by the state and Maoist
Incidents of disap;Jearanceof people reached
its highest peak duMngthe year 2002 and 2003.
With a total of 44' people disappeared during
the two years period, Nepal is rec9rded as one
of the countrieswit1 the highest number of people
disappearingir the world.
The record of arrest of the people is equally
bad. According!:l the available data from
Number of Victims Arrested by the State
01-Jan-2002 - 31-Dec-2003
Percentage of
Number of People Arrested
26.02 1331 100 2 1433
21.06 1079 74 7 1160
19.94 1048 48 2 1098
8.14 349 99 0 448
4.72 244 16 0 260
2.36 123 7 0 130
17.76 497 75 406 978
100 4671 419 417 5507
Source: INSEC
INSEC, a total of 5,507 people were arrested by
the state security forces during the last two
years. Of the total people arrested, 20% comes
from the indigenous peoples. The table 9 shows
victims arrested by the state from 1st January,
2002 to 31 December 2003.
The conflict induced suffering of the high caste
Bahun, Chhetri and Thakuri community in terms
of killing, disappearance, arrest and torture is
equally high. The pattem of greater Maoist victims
being concentrated among the higher
caste Chhetris. Brahmins, Thakuris suggests
the nature of the Maoist movement as class
struggle with a goal of radical political revolution.
Nevertheless, Maoi~t has incorporated in
their struggle various agenda advocated by
indigenous peoples' civil movement. For example,
along with their assertion that Nepali state
is 'semi-feudal', the Maoist also agreed with the
indigenous peoples' contention that the state is
'communal'. Through the establishment of the
Ethnic Liberation Fronts and the recent declaration
of the 'Ethnic Autonomous Regions', the
Maoist has put the indigenous issue in the front.
How the autonomous regions will work to benefit
the indigenous people is, however, not 'yet
clear. While the historical grievances of the
indigenous peoples and Maoist vested interest
may bring convergence in some of the
issues xviii , the situation remains to be a double
edged sword for the Adibasi Janajatis in Nepal.
Apart from the incidents of killing, disappearance
and arrest, the impact of the conflict on
women, children and the indigenous communities
at large remain unrecorded. As the war is
concentrated by and large in the indigenousterritories,
it has disrupted the lives of the people
to a high degree with displacement, out migration,
aggravation of poverty and trauma for
women and children.
Factors of Discrimination Against Indigenous
Peoples
There are a number of factors that contribute to
the discrimination, inequality and underdevelopment
of the Indigenous Nationalities in Nepal.
These factors relate to the history. political and
legal provisions, social, cultural and economic
aspects of the Nepalese society and should not
be viewed in isolation xix . Understanding of
these factors would help to outline the remedial
actions and promoting equitable development
and human rights in the country. Following are
ten major factors that relates to discrimination
against the indigenous peoples in Nepal.
Declaration of the State as uHindu Kingdom":
Despite the fact that the Constitution of 1990
recognizes Nepal as a "multi-ethnic and multilingual"
country, it declares the state as a "Hindu
Kingdom"in Article 4. Through this declaration,
the state promotes the Hindu religion by discriminating
other indigenous and minority reli-,
gions. Defining national identity on the basis of
Hindu religion and cultural identity automatically
excludes those who do not belong to the
Hindu community. Establishing Hindu norms
and values as state values translates to assimilative
policies on the part of the state and
undermines the distinct cultural identity of the
indigenous peoples. State investment of
resources for promoting and propagandizing
Hindu religion and values illustrates the dangerous
prejudicecontributing to the perpetuation of
cultural and religious discrimination.
Caste System and Brahminism: The practices
based on caste purity and pollution, although is
legally prohibited in Nepal, continues to be the
central axiom of social behavior of the majority
of high caste Brahmin, Chhetris and Thakuris.
Caste system rests upon the hierarchical structure
and values that make unequal treatment to
people as legitimate by those who are in the
'higher' caste positions. Superiority, arrogance
and chauvinism displayed in social behavior by
the high caste people is popularly termed in
Nepal as Brahminism or Bahunbad as a way of
social critique. Caste system and Brahminism
stigmatize the indigenous peoples as impure
caste and enables the high caste to stereotype
and treat them in dehumanized ways. This is a

the DistrictDevelopment Committees (DDC)xiv
However,Jayanti Rai, elected Vice-president of
! Bhojpur District Developement Committee can
be taken an exception.
With low levels of literacy and equally low
ac~ess to resource and decision making,
Adlbasl women suffer from poverty, discrimination
and exploitation. With the growing liberalized
market,women are compelled to work lon-'
h . ~
ours In carpet industries and other daily wage
labour in exploitative conditions. Moreover,
wOlil'lenand girls from Adibasi communities
have become easy targets for trafficking and
sexual abuses. A study conducted in 1998 by
New Era on commercial sex workers and
women trafficking in Nepal show that 37.2% of
the commercial sex workers come from Adibasi
Janajati communities and a large proportion of
them,with 42% are sold to the brothels of Indian
CIles T xv. Women's exclusion and gender discriminationalthough
exist across the caste and
ethnic communities, indigenous women suffer
from a state of double discrimination- as women
and as indigenous people who belong to different
cultural and linguistic groups.
The on-going violent political conflict between
the Maoist and government security forces in
Nepal has severely victimized the indigenous
women in many ways. As of the December
2003, a total of 561 women have been killed
during the "Peoples' War" out of which 28%
were from Adibasi Janajati communities. Killing
by the security forces weigh much higher compared
to 81 women killed by the Maoist. For the
first time in the history of Nepal, women have
been brutally killed in the violent political conflict.
The sufferings of women in the form of
rape, humiliation and torture remain unrecorded.
Apart from death and physical abuses,
women in the conflict affected areas are forced
to endure additional burden to run their farm
and family, as the war make the male members
leave the village.
~Ta:b:l:-:;e7:-------------------------------.:....--
Ethnic/Caste of Gazetted Civil
Servants
Bahun,
Position Chhetri, Indigenous
Newars Groups
Secretary
Additional
Secretary
Deputy
Secretary
Joint
Secretary
Assistant
Secretary
Section
Officer
87.6 0
92.3 3.1
88.9 0
94.5 2.1
96.2 0.9
Composition
Social Groups
of Governing Elites
1854 (signatories of
Muluki Ain)
1999
No % No %
High caste (Hill) 166 78.3 763 66.2
High caste
(Newar) 32 15.9 152 13.1
High caste
(Terai) 2 0.9 138 11.9
Indigenous
Ethnic Groups 6 2.8 97 8.4
Dalit caste 0 0 2 0.3
Other (caste
unidentifialJle)
Total
6 2.8 0 0
_ 212 100 1152 99.9
Source: Gurung, 1998, Social Demographi and Expressions, 2003, Trident and Thu~der~olt:
Cultural Dynamics of Nepalese Politics
One of the major causes of deprivation and
human rights violation of the indigenous peoples
is seen in their exclusion in the governance
and politics. A systematic exclusion of these
people in the national power structure fostered
by the Rana regime still continues to exist. The
lack of participation of the diverse ethnic caste
groups in the state mechanism is often taken as
the manifestation of "internal colonialism" where
high caste Bahun and Chhetris rule over the
other population.
Exclusion of the indigenous nationalities is
rather systematic in Nepal. They are not only
excluded in politics, government bureaucracy,
and judiciary but also in many other civil society
and private sectors. The table 6 illustrates
that participation in governance is not reflective
of Nepal's caste and ethnic diversity, and, therefore,
shows exclusionary nature of Nepal's
democracy. As can be seen in the data, indigenous
peoples have only one third of the representation,
while high castes have more than
twice the level of participation in governance in
relation to their numeric proportion.
It is remarkable to note that there has not been
a single Prime Minister from among the
Indigenous Janajatis (except Newar) in the
whole history of the cabinet in Nepal. A closure
_________________________
Number of Victims
AdibasilJanajati
ChhetrilThakuri
Bahun
Dalit
Terai Caste
Others
Not Identified
Total
look at the government bureaucracy illustrates
the imbalance of power in even more pronounced
ways. Indigenous population has
insignificant presence in the government civil
service and the trend shows that it is becoming
even worse in 2003. Given that there is no special
measures taken for caste and ethnic equity
in the Nepalese civil service, perpetuationof the
established elites with higher education is
inevitable. As Harka Gurung has noted "the
Gazetted civil service posts seems virtually the
fiefdom of Bahun, Chhetri and Newa(xvi. The
tables below show the domination of these
groups in higher positions in civil service and
legislation:
Killed by the State and Maoist
(13-Feb-1_996- 31-Dec-2003)
Total People
Killed
1163
1551
905
400
186
90
3370
8265
With the total control of the state apparatusby
the high caste Hindus and state oolicies of
assimilation for Hinduization and
Sanskritization, the cultures, religions and languages
of the indigenous peoples are at the
verge of destruction. Nepal continues to officially
pretend to be "the only Hindu Kingdom"in
the world. The state investment favor high
caste culture and religion. Nepali nationalismis
erected according to the Hindu symbols and
icons. The indigenous religions following animism,
Kirat, Buddhism and other forms of tribal
religion has been undermined in the process.
Like in other countries of the world. throughout
Percentage 15i11ed
By State. By MCioist Tota~
13.78 7.55 21.33
8.19 10.57 18.76
5.2 5.75 10.95
3.53 1.31 4.84
0.83 1.42 2.25
0.57 0.52 1.09
33.88 6.9 40.78
65.98 34.02 100
the past, an underlying objective
of government policy towards
indigenous peoples has been to
promote their assimilation, with
deeply held caste orejudices.
The process of assimilation has
denied them their right to be
indigenous and culturallydistinct.
Indigenous systems have been
particularly repressed and their
rights to their cultural identity,
resources and services are systematically
denied. As a result
their livelihoods are under constant
threat. This has grossly

violated the social and cultural rights of the people
living in the multicultural society of Nepal.
Despite the numerous problems they are facing
today, the indigenous nationalities in Nepal are
ever more determined to retain their culture,
identity and IifestyJes, and struggle for the rights
to which theyare entitled. Such determination
is reflected in the current vibrant movement
coordinated by the National Federation of
Indigenous Nationalities (NEFIN) and its member
organizations with full awareness of the
threats to their livelihood .and cultural survival.
The movement has successfully mobilized the
diverse groups of indigenous peoples and
impacted in general public and political discourse
in a significant way. Both inside Nepal
and internationally the movement has demanded
that the state and international bodies recognize
the historical injustice and extreme deprivation
they continue to experience, and the
need for effective remedial actions for creating
a just society.
Impact of Conflict on Indigenous Peoples
The "People's War" originated in the Magar
heartland of the mid western region with an The record of arrest of the people is equally
attack on Holeri police post in Rolp

Imposing Nepali as the Only Official
Language: The constitutionof Nepal (Article 6)
declares Nepali as "the languageof the nation"
and all other languages spoken in different
parts of the country as "national languages".
The "national languages", spoken as native
tongues by the indigenous peoples are barred
from being used in govemment offices and
higher education. The SupremeCourt of Nepal
issued an order not to use local languages even
in local government bodies and the govemment
offices in June 1, 1999, when the Kathmandu
Metropolitan City, Rajbiraj Municipality and
Dhanusha District Committee decided to use
local languages for their operation. Education
in mother tongue for the childrenis virtually nonexistent.
Imposition of the use of Nepali language
in public facilities such as hospitals,
schools, government offices, and court makes
them inaccessible for the indigenous peoples
who do not have command over the language.
Command over Nepali language is made
essential for being able to operatein'the national
society. This policy positively favors Nepali
speakers while discriminatingothers.
Inequitable Representation in the
Governance: Nepal's judiciary. executive, legislative,
military and public administration is not
equitably represented to reflect the caste and
ethnic diversity of the country. The dominance
of the elite Hindu caste groups; Brahmans and
Chhetris and some assimilated Newars continue
to dominate these institutions. The traditional
elites control the political powerthrough informal
networking and formal political structures.
Except the recent arbitrary govemment
announcement for reservation of minimal quotas
for women, Dalits and Adibasis, there has
not been any concerted effort to attain equity in
caste and ethnic diversity in bureaucracy. With
no decentralized system of civil service recruitment
and indigenous population lacking necessary
higher education, bureaucracywill continue
to be inequitable. The lack of mechanism for
Indigenous
participation of the indigenous peoples in the
state apparatus force them to participate in the
state as passive subjects while the high castes
rule the country. Inequitable representation
thus has become a major area of resentment
due to denial of their right to participate and
source of perpetuating inequality and discrimination.
Restriction on Freedom of Association and
Expression: The Constitution of Nepal 1990
guarantees freedom of assembly, to form
unions and associations. But Article 12(3) of
the same constitution prohibits the formation of
any association based on castes, tribes, ethnicity
or tribe. Continuing legacy of Panchayat era,
any voice and assertion for promotion of rights
of the indigenous population is officially regarded
as something detrimental to national integration
and "communal harmony". While the
Election Commission rejected to recognize a
number of political parties organized for the
cause of Janajatis by the indigenous peoples,
the Shiva Sena Nepal, a Hindu fundamentalist
and extremist party was allowed in 1999 for the
general election. Not only the freedom of
association is curtailed but also expression of
the indigenous peoples' voice' is limited by
Article 12(2)(3) of the Constitution, which states
that laws can be made to impose restriction on
acts that may disturb relations between "castes,
tribes and communities". Discriminatory state
policies of restriction on freedom of association
and expressions under the democratic rule can
only divide the society further. The united
nationhood based on multicultural reality and
mutual respect can foster only through listening
to peoples' concerns and addressing them in a
just way.
Centralized System of Governance: Ever
since the emergence of Nepal as nation-state
after 1816 Sugauli treaty, it has retained highly
centralized system of governance. The state
formation process replaced the customary
rights and traditional authority of the the indigenous
peoples with the feudal system supported
Peoptes of Nepal and Human Rights
by military force.
The division of indigenous
areas into different administrative zones has
fragmented their ancestral domain and clustered
them for the purpose of administrative
control. The centralized unitary system of governance
in Nepal allows no local autonomy and
possibilities for decentralized self-government.
The indigenous peoples' customary laws and
traditional rules of governance have been dismantled
with no alternative structure for
autonomy.
Unequal Access to Education: Up until 1950,
education was monopolized by the traditional
high caste elites whereas the ordinary people
including the indigenous nationalities were
barred from education. Nor has the education
system introduced after the Rana regime been
able to address the educational needs of the
larger population. The lagging behind of the
indigenous nationalities in education has
become a fundamental cause for their exclusion.
Exclusionaryeducational programme is
responsible for such disparity. The education
provided in Nepali language, and the curricula
and text books that promote the Hindu value
system and Sanskritization discriminates
against the indigenousand population speaking
minority languages.
Denial of Communal Land and Resource
Rights:The Nepalistate during the course of its
formation has disruptedthe indigenous peoples'
collective nghts over their land and natural
resources.includingforest, water, and pastures.
By claiming the Hindu king as the owner of all
the land, the Gorkha Empire expropriated the
indigenouslandsas freely available for new settlements.
Kipat lands were distributed to the
high caste noblesas birta, raikar and guthi. The
land of indigenous peoples was further
encroached upon by unfair money lending system
supported by prejudiced legal practices
throughout history. Lastly, development projects
especially wild life conservation and
national parks have evicted many indigenous
population from their settlements and deprived
them from their customary rights to forest, rivers
and pastures they had enjoyed traditionally.
Denial of communal land and resource rights is
one of the major reasons for the indigenous
peoples' deprivation and poverty today.
Unequal Resource Investment by the State for
Welfare: The resource investment by the state
is unequally distributed among different caste
and ethnic groups. The overt budget provisions
and state support for Sanskrit education, publications
through Royal Nepal Academy, and promotion
of single Nepali language are taken as
some of the obvious examples of the state's
favoritism. The same is also true for euducation,
health and agricultural services provided
by the state where majority of the indigenous
peoples are not able to get benefitted. The disproportionate
investment has negatively affected
the indigenous peoples and their welfare.
Denial of Right to Self Development: Finally.
denial of right to self development is another
key factor for the persistent inequality and discrimination.
Like the bureaucracy, the development
projects, whether run by government ministries,
foreign donor assistance programmes or
associated NGOs, are largely controlled by
High caste elites. These projects are planned,
implemented and monitored by outside
"experts" in the indigenous communities at best,
with welfare approach. Denial of the rights of
the people to do their own development by
themselves has resulted in large disparity in
society. The development in Nepal, therefbre,
has rather created discriminatory and unequal
society, and essentially works against the
indigenous peoples.
Constitutional Provisions and Intemational
Standards
Constitutional Provisions
Despite the fact that the 1990 Constitution of
Nepal is contradictory and discriminatory in fundamental
ways, it has laid down some provisions
for recognizing the multicultural nature of
the Nepalese society and the state's responsi-
139

ility for social, economic and political justice to
the people. Departing significantly from the pre-
VIOUS position, the constitution of 1990 recognizes
the kingdom as "a multiethnic and multilingual"
country (Article 4.1). Although, claiming
Nepal as a "Hindu Kingdom", instantly in the
same clause contradicts the democratic spirit,
the recognition of plural nature of the Nepali
society should be taken as relatively positive
aspect 0; the constitution.
Languages
WI Article 6, the Constitution further recognizes
the plurality of the language in the country and
terms all languages of Nepal as "national languages"
while designating Nepali as the official
language and "language of the nation".
Eliminating the unequal treatment to the "languages
of the nation", this constitutional clause
should be enacted to provide linguistic right to
speakers of all the languages.
Article 6
(1) The Nepali language in the Devnagari script
is the language of the nation of Nepal. The
(2) All the languages spoken as the mother
tongue in the various part of Nepal are the
nationailanguages
Right to Equality
of Nepal.
Article 11 (2) and (3) provide provisions for right
to equality to all the citizens including special
provisions for the protection and advancement
of the interest of the weaker section of society.
This provision is equally relevant to indigenous
people who are being marginalized
Nepali language shall be the official language.
economically,
socially and educationally. This clause provides
necessary ground for policies of affirmative
action and positive
Article 11
discrimination.
(2) No discrimination shall be made against
any citizen in the application of general
laws on the grounds of religion, race; sex,
caste, tribe or ideological conviction or any
of these.
(3) The state shall not discriminate citizens
among citizens on grounds of religion, race,
sex, caste, tribe or ideological conviction or
any of these.
Provided that special provisions may be made
by law for the protection and advancement of
the interest of women, children, the aged, or
those who belong to a class which is economically,
socially or educationally backward.
Cultural and Educational Right
As the following clauses show, the Constitution
grants right to people for preserving and promoting
their language, script and culture.
Further, it also makes provision that children be
taught in their mother tongue up to primary education.
However, not allowing the languages of
the indigenous peoples to be used in public
offices and education above primary level, is
one of the discriminatory provisions in the
Constitution. Due to the unwillingness on the
part of the power centers and govemment
bureaucracy controlled by the high caste
Parbatiya group, even the minimal provision for
education in mother tongue in primary schools
has not instituted systematically to date.
Article 18
(1) Each community residing within the
Kingdom of Nepal shall have the right to
preserve and
(2) promote its language, script and culture.
Each community shall have the right to operate
schools up to the primary level in its own mother
tongue for imparting education to its children.
Further, the Constitution outlines the directive
principles and state policies for eliminating all
types of inequalities, preserving cultural diversity
and establishing harmonious relationship
between various castes, tribes, religions, languages,
race and communities.
Directive Principles of the State
Article 25
(3) The social objective of the state shall be to
establish and develop, on the foundation of
justice and morality, a healthy social life, by
eliminating all types of economic and social
inequalities and by establishing harmony
amongst the various castes, tribes, religions,
languages,
races and communities.
(4) It shall be the chief responsibility of the
state to maintain condition suitable to the
enjoyment of the fruits of democracy
through wider participation of the people in
the governance of the country and by the
way of decentralization, and to promote
general welfare by making provisions for
the protection of human right, by maintaining
tranquility
State Policies
Article 26
and order in the society.
(2) The state shall, while maintaining the culture
diversity of the country, pursuer a policy
of strengthening the nation's unity by
promoting healthy and cordial social relations
amongst the various religions, castes,
tribes, communities and linguistic groups,
and by helping in the promotion
of their languages,
literatures, literatures, scripts, art
and cultures.
In the absence of necessary laws, bylaws
and programs on the part of the state, the
constitutional guarantee for right to equality,
however, remain unfulfilled. Proactive
efforts to develop special provision for protection
and advancement including programmes
of 'positive discrimination', in education,
employment, political representation
is essential. Providing a degree of autonomy
to the indigenous peoples for democratic
devolution
and right to self-determination
are other important a'spects in attaining the
state objective of national unity, democracy
and cultural diversity.
These Constitutional provisions have generally
failed to benefit the Adibasi Janajatis and
address their collective aspirations in practice.
In addition, NEFIN states that there are 26 discriminatory
clauses in the Nepalese
Constitution and 49 different legal Acts that discriminates
against the indigenous peoples xx .
The constitutional reform through constituent
assembly or other ways, therefore. is thought
essential for resolving the existing contradiction
in the Constitution.
International
Standards
There are a number of international instruments
to ensure the rights of the Indigenous peoples
as special groups of people. Indigenous peoples
are entitled to enjoy the full protection of
international human rights law and the international
human rigt1ts conventions. There are two
specific conventions for the Indigenous
Peoples; ILO Convention (No. 169) Conceming
Indigenous and Tribal Peoples in Independent
Countries and Draft United Nations Declaration
on Indigenous Peoples. The most important
conventions and selection of articles from international
standards include:
Charter of the United Nations (1945)
We The Peoples of The United Nations
Determined
to reaffirm faith in fundamental human rights. in
the dignity and worth of the human person, in
the equal rights of men and women
and nations
large and small, and to establish condition
under which justice and respect for the obligations
arising from treaties and other sources of
international law can be maintained. and
To promote social progress and better standards
of life in larger freedom,
International Covenant on Civil and Political
Rights (1966)
Common Article 1 (ICCPR and ICESCR)
All people have the right of self-determination.
By virtue
of that right they freely determine their
pOlitical status and freely pursue their economic.
social and cultural development.
Article 26
All persons are equal before the law and are
entitled without any discrimination to the equal

protection of the law. In this respect, the law
shall prohibit any discrimination and guarantee
to all persons equal and effective protection
against discrimination on any ground such as
race, colour, sex, language, religion, political or
other opinion, national or social origin, property,
birth or other status.
Article 27
In those states in which ethnic, religious or linguistic
minorities exist, persons belonging to
such minorities shall not be denied the right in
cemmunity with the other members of their
group, to enjoy their own culture, to profess and
practice their own religion, or to use their own
language.
Intemational Convention on the Elimination
of All Formsof Racial Discrimination (1965)
Article 1 (1)
In this Convention, the term "racial discrimination"
shall mean any distinction, exclusion,
restriction or preference based on race, colour,
descent, or national or ethnic origin which has
the purpose or effect of nullifying or impairing
the recognition, enjoyment or exercise, on an
equal footing. of human rights and fundamental
freedoms in the political, economic, social, cultural
or any other field of public life.
The International Covenant on Economic,
Social and Cultural Rights (1966)
Article 2 (2)
The States Parties to the present Covenant
undertaketo guarantee that the rights enunciated
in the present Covenant will be exercised
without discrimination of any kind as to race,
colour, sex. language, religion, political or other
opinion, national or social origin, property, birth
or other status.
United Nations Conventions on the Rights of
the Child (1989)
Article 29
(c) The development of respect for the child's
parents. his or her own cultural identity, language'and
values, for the national values of
the country in which the child is living, the
country from which he or she may originate.
and for civilizations different from his or her
own;
(d) The preparation of the child for responsible
life in a free society, in the spirit of understanding,
peace, tolerance, equality of
sexes, and friendship among all peoples,
ethnic, national and religious groups and
persons of indigenous origin;
Article 30
In those States in which ethnic, religious or linguistic
minorities or persons of indigenous origin
exist, a child belonging to such a minority or
who is indigenous shall not be denied the right,
in community with other members of his or her
group, to enjoy his or her own culture, to profess
and practice his or her own religion, or to use
his or her own language.
Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious or
Linguistic Minorities (1992)
Inspired by the provisions of article 27 of the
International Covenant on Civil and Political
Rights concerning the rights of persons belonging
to ethnic, relrgious or linguistic minorities:
Considering that the promotion and protection
of the rights of persons belonging to national or
ethnic, religious and linguistic minorities contribute
to the political and social stability of
States in which they live,
Emphasizing that the constant promotion and
realization of the rights of persons belonging to
national or ethnic, religious and linguistic
minorities, as an integral part of the development
of society as a whole and within a democratic
framework based on the rule of law,would
contribute to the strengthening of friendship and
cooperation among peoples and States,
Article 1
(1) States shall protect the existence and the
national or ethnic, cultural, religious and linguistic
identity of minorities within their
respective territories and shall encourage
conditions for the promotion of that identity.
(2) States shall adopt appropriate legislative
Article 2
and other measures to achieve those ends.
(1) Persons belonging to national or ethnic, religious
and linguistic minorities (hereinafter
referred to as persons belonging to minorities)
have the right to enjoy their own culture,
to profess and practice their own religion,
and to use their own language, in private
and in public, freely and without interference
or any form of discrimination.
(2) Persons belonging to minorities have the
right to participate effectively in cultural,
religious, social, economic and public life.
(3) Persons belonging to minorities have the
right to participate effectively in decisions
on the national and, where appropriate,
regional level concerning the minority to
which they belong or the regions in which
they live, in a manner not incompatible with
national legislation.
(4) Persons belonging to minorities have the
right to establish and maintain their own
associations.
(5) Persons belonging to minorities have the
right to establish and maintain, without any
discrimination, free and peaceful contacts
with other members of their group and with
persons belonging to other minorities, as
well as contacts across frontiers with citizens
of other States to whom they are
related by national or ethnic, religious or
linguistic ties.
Convention (No. 169) Concerning Indigenous
and Tribal Peoples in Independent Countries
(1989) The General Con~rence of the
International Labour Organisation,
Recognising the aspirations of these peoples to
exercise control over their own institutions,
ways of life and economic development and to
maintainand develop their identities, languages
and religions, within the framework of the States
in which they live, and
Noting that in many parts of the world these
peoples are unable to enjoy their fundamental
human rights to the same degree as the rest of
the Dopulation of the States within which they
live and that their laws, values, customs and
perspectives have often been eroded,
Article 1 (2)
Self-identification as indigenous or tribal shall
be regarded as a fundamental criterion for
determining the groups to which the provisions
of this Convention apply.
Article 2 (1)
Govemments shall have the responsibility for
developing, with the participation of the peoples
concerned, co-ordinated and systematic action
to protect the rights of these peoples and to
guarantee respect for their integrity.
Article 5
In applying the provisions of this Convention:
(a) The social, cultural, religious and spiritual
values and practices of these peoplesshall
be recognised and protected, and due
account shall be taken of the natureof the
problems which face them both as groups
and as individuals;
Article 6
In applying the provisions of this Convention.
Governments shall:
(a) Consult the peoples concerned. through
appropriate procedures and in particular
through their representative institutions,
whenever consideration is being given to
legislative or administrative measures
which may affect them directly;
(b) Establish means by which these peoples
can freely participate, to at least the same
extent as other sectors of the population,at
all levels of decision-making in elective
institutions and administrative and other
bodies responsible for policies and programmes
which concern them;
(c) Establish means for the full developmentof
these peoples' own institutions and initiatives,
and in appropriate cases providethe
resources necessary for this purpose.
Indigenous
Peoples of Nepal and Human Rights

Article 7 (1)
The peoples concerned shall have the right to
decide their own priorities for the process of
development as it affects their lives, beliefs,
institutions and spiritual well-being and the
lands they occupy or otherwise use, and to
exercise control, to the extent possible, over
their own economic, social and cultural development.
In addition, they shall participate in the
formulation, implementation and evaluation of
plans and programmes for national and regional
development which may affect them directly.
Draft United Nations Declaration
on the Rights
of Indigenous Peoples (1994)
Concerned that indigenous peoples have been
deprived of their human rights and fundamental
freedoms, resulting, inter alia, in their colonization
and dispossession of their lands, territories
and resources, thus preventing them from exercising,
in particular, their right to development in
accordance with their own needs and interests,
Article 1
Indigenous peoples have the right to the full and
effective enjoyment of all human rights and fundamental
freedoms recognized in the Charter of
the United Nations. the Universal Declaration of
Human Rights and international human rights
law.
Article 3
Indigenous peoples have the right of self-determination.
By virtue of that right they freely determine
their political status and freely pursue their
economic, social and cultural development.
Article 29
Indigenous peoples are entitled to the recognition
of the full ownership. control and protection
of their cultural and intellectual property. They
have the right to special measures to control,
develop and protect their sciences, technologies
and cultural manifestations, including
human and other genetic resources, seeds,
medicines, knowledge of the properties of-fauna
and flora, oral traditions, literatures, designs
and visual and performing arts.
ArtIcle 30
Indigenouspeoples have the right to determine
and develop priorities and strategies for the
development or use of their lands, territories
and other resources, including the right to
require that States obtain their free and
informed consent prior to the approval of any
projectaffectingtheir lands, territories and other
resources, particularly in connection with the
development,utilizationor exploitation of minerai,
water or other resources. Pursuant to agreement
with the indigenous peoples concerned,
just and fair compensationshall be provided for
any such activities and measures taken to mitigate
adverse environmental, economic, social,
cultural or spiritual impact.
Constitutional and Legal Reforms
Constitutional revision is one of the pressing
needs of the country. By removing contradictory
and discriminatory clauses in the existing
Constitution of 1990, amendments and revisions
should be made to ensure full right of the
indigenous peoples and minorities.
Subsequently,necessary laws and regulations
should be formulatedto implement the constitutional
provision so that long-term peace and
harmony in multicultural state can be established.
Ratification and Implementation
International Human Rights Standards
The governmentof Nepal should ratify the international
conventions related to the indigenouS
peoples; specially Draft. United Nations
Declaration on Indigenous Peoples 1994, ILOc
convention (No. 169) concerning IndigenoUS;
and Tribal Peoples in Independent Countri
(1989), and Declaration on the Rights
Persons Belonging to National or Ethni
Religiousor Li~guistic Minorities (1992).
governmentshould implement all human rig
international standards it has signed to express
state commitments. The govemment should
also enable individuals to claim redress from
international bodies for the violation 'of their
human rights.
Effective Autonomy to The Indigenous
Peoples
In order to ensure democratic devolution and
right to self-determination, mechanismfor effective
autonomy to the indigenous peoplesshould
be worked out in consultation with all concemed
parties. The state effectively representingthe
whole of its population in govemance would be
considered as conducting itself in conformity
with the principle of equal rights and self-determination.
Equitable and Inclusive Representations in All
Sectors
In order to strike a balance in caste and ethnic
equity in different sectors inclUdinggovemance,
bureaucracy, civil society and private sector,
national level policy should be formUlated.
Current trend of progressively low representation
of the indigenous peoples in the various
arenas of societal life should be reversed.
Ensureright Over Land and Natural Resources
The primary reason for extreme poverty and
powerlessness among the indigenous peoples
is dispossession from their land and natural
resources. The Adibasi relationship to their
land, territory and natural surrounding is also
linked to their spirituality and cultural identity.
There is need to ensure their right over ancestral
land and natural resources. The state
should review the Acts related to land administration,
forest, national park and wildlife conservations.
Ensure Right to Self Development
In' line with the Declaration on Right to
Development, the indigenous peoDles' right to
their own development as a group should be
ensured. The current practice of doing development
by the dominant section of society
should be discouraged and the indigenous people
themselves be given the responsibility for
development process and outcomes according
to their aspirations and cultural context.
Affirmative Action
In order to correct the historical injustice made
to the indigenous peoples as well as to observe
the right of the people to be equal, there is a
need to formulate and implement programmes
of affirmative action for the marginalized indigenous
population. Affirmative action or positive
discrimination may be included in the sphere of
education, employment in all sectors, and general
services until desirable balance is reached.
Affirmative action should be understood as the
right of the people rather than a favor from the
authority.
Elimination of Discrimination Against
Indigenous Peoples
Although caste based discrimination is formally
outlawed, discriminatory practice continues to
exist in the Nepalese society. The members
from the 'upper' caste groups tend to continue
the caste based discriminatory practices to stigmatize,
degrade or segregate the indigenous
peoples in both public and private spheres.
Enforcement of legal provision as well as education
and broad-based awareness programs to
all is to be implemented in proactive fashion.
Resolution of Current Armed Conflict
In order to resolve the current armed conflict,
peace initiatives and unconditional political dialogue
between government and CPN (Maoist) ••
should be held as soon as possible. The United
Nations and international bodies should be
called dUring the dialogue and peace talk for
mediation or witnessing the process. A genuine
understanding of the cause of conflict and
demilitarization of the country is fundamental to
the restoration of long-term peace.
Strengthen Human Rights Institutions
The institutions currently functioning to protect

human rights, mainly National Human
Rights
Commission (NHRC), should be strengthened.
In addition, it is recommended that Human
Rights Court be established in each district.
order to properly address the indigenous
In
concerns,
these human rights protection bodies
should ensure representation of members from
Adibasi Janajatis.
These institutions should be
empowered to function autonomously and
proactively with power to investigate independently
the human rights violation incidents. In
order to end the current state of impunity, action
,. should be taken against violation of
human rights.
Adivasi Janajati Utthan Pratisthan Ain 2058 as or
National Foundation for Development of Indigenous
Nationalities Act passed on 7 February 2002.
Gurung. H.. Malia. K. S.• Bhattachan K.. Gurung. O.
2000. Janajati Bikasko Jukti (Ideas for the
Development of Nationalities). Kathmandu: Janajati
Bikas Samanwaya Kendra.
Achraya. Baburam. 2054 BS. Nepalko Sanskritik
Parampara (Cultural heritage of Nepal). Kathmanu:
Shree Krishna Acharya.
See Regmi. M.C. 1978. Thatched huts and stucco
palaces: Peasants and landlords in 19 th century
Nepal. Kathmandu and David Holmberg.
1989. Order
and Paradox. Cornell University Press. Ithaca.
Bennett. L. 2003. Towards and inclusive society:
agency. structure and diversity in Nepal. Paper presented
at the conference "The agenda of transformation:
inclusion in Nepali democracy". See also Stacy
Leigh Pigg. 1992. Inventing Social Categories through
Place: Social representation and development in
Nepal" In Comparative Studies in Society and History
34:492-513.
See A~un Gunaratne, 2002:95. Many tongues, one
people: the making ofTharu identity in Nepal and Cox,
Thomas. 1995 "Backward Society Education: The
Development of a Grassroots Movement" unpublished.
Subba, Chaitanya et.al. 2002. Adivasi/Janajatis in
national development: Major issues, constraints and
opportunities.
Prepared by the Working Group on the classification
of indigenous nationalities and endorsed by meeting
of the federal council of NEFIN on March 1, 2004
i2060/11/18). The working Group was coordinated by
Dr. Om Gurung, General Secretary of NEFIN.
See Turin, M. and Lama-Tamang, M. 2003.
Indigenous People's Development Plan (IPDP) for
Education for All Program in Nepal, preprared for
World Bank.
Education for All, Core Document, prepared by
Ministry of Education/HMG 2003.
See Subba, Chaitanya et.al. 2002. Adivasi/Janajatis
in national development:
opportunities.
Ibid. Also see Minority
Major issues, constraints and
Rights Group International and
Nepal Tamang Ghedung 2002. Setting Priorities for
the Rights of Indigenous Peoples in Nepal.
Kathmandu.
Ibid.
Ibid.
Ibid. cited from New Era study conducted in 40 districts.
Gurung, H. 1998. Nepal: Social demography and
expressions.
Kathmandu.
Pyakurel, S. 2003. Nature of Human Rights Violation
in Nepal: Notes for further consideration. In Conffict.
Human Rights and Peace Challenges before Nepal.
(ed.) Bipin Adhikari. National Human Rights
Commission (NHRC). Kathmandu
Gurung, H. Nepal: Maoist Insurgency and Indigenous
peoples. In Nepali Journal of Contemporary Studies 3
(2):1-18.
Bhattachan, K.B. 1999. Nepal: Minority Rights in the
Predatory Nepalese State. In Sumanta Banerjee
(ed.), Shrinking space. Minority Rights in South Asia.
South Asia Forum for Human Rights. Also see
Minority Rights Group International and Nepal
Tamang Ghedung 2002. Setting Priorities for the
'Rights of Indigenous Peoples in Nepal. Kathmandu
NEFEN. 1999. National consultation on integrated
strategies for the promoting the rights of indigenous
peoples in Nepal. Kathmandu: Federal Council
Secretariat. NEFEN in cooperation with Minority
Rights Group International.