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amended to include a quota (reservation) system that provides that out of the 45 per cent of new
recruitments reserved for various under-represented groups, 27 per cent are allocated to “ethnic
groups”. Similar amendments were also made in 2007 to the Police Regulation and to the Armed
Police Regulation, in order to make the police force more inclusive. The Ordinance on Inclusion
in Public Service likewise demonstrates attention to the problem of under-representation by
providing for a quota system that benefits indigenous peoples, but it has been criticized for not
adequately differentiating among groups.
29. Some indigenous communities, such as the Mustang in the mountain region, still preserve
their traditional courts and social institutions, which are de facto respected by Government
officials. The Yolmo also have a prevailing system of traditional authority, organized around the
lama monasteries. However, within Nepal’s unitary system of law, there is no formal recognition
of the traditional legal and political systems practised by those communities.
2. Land and natural resources
30. As a result of a number of legal and institutional dynamics, indigenous communities
around the country have been historically deprived of the lands and territories they have
traditionally occupied or used, often without compensation. A major turning point in this process
was the 1964 Land Reform Act, which nationalized land and terminated traditional collective
land tenure systems such as the kipat. The Act paved the way for the allotment and distribution
of indigenous ancestral lands and, consequently, to the loss of Adivasi Janajati’s traditional land
base. These dynamics were particularly dramatic in the southern plains, where lands traditionally
controlled by indigenous communities were lost to migrants from the hill districts in the 1950s
and 1960s.
31. Without protection for communal lands, individual land holdings gradually were lost due
to the absence of or insecure titles, abuse and corruption, lack of access to the justice system, and
indebtedness. The high degree of illiteracy among many indigenous groups, in particular the
Tharus in the Terai, made them vulnerable to abusive practices and deceit related to land titles.
Forced displacement was also a cause of land loss during the armed conflict. While article 35 (4)
of the Interim Constitution protects the land tenure of “local communities”, no specific legal
mechanism was previously in place to afford special protection to indigenous lands, including
their cultural and spiritual relationships with them. The Government has recently formed a
high-level Land Reform Commission, following a four-point agreement with the National Land
Rights Forum, which represents landless people. There is one indigenous representative on the
Commission. Currently the terms of reference for the Commission lack a mandate to address
specificities related to lands currently or previously inhabited by indigenous peoples.
32. Lack of access to natural resources exacts a particularly heavy toll on those indigenous
communities that rely on traditional hunting and gathering practices for subsistence. Pursuant to
the 1993 Forest Act, indigenous peoples were displaced from their traditional forests, which
were transferred primarily to non-indigenous community forest user groups. Communities that
have traditionally relied on the forests but that were not in possession of titles, or lacked
resources to compete with private contractors, have lost access to their traditional forest lands.
Fishing in rivers and lakes, as well as access to water resources, are subject to a similar system of
concessions, leaving communities that in many instances had access to these resources for their