A/HRC/12/34/Add.3 page 11 subsistence economies in a vulnerable position. Many Raji people, for instance, are deprived of their access to herbal medicine, honey-gathering and fishing. The Chepangs, who are traditionally hunter-gatherers and practise a nomadic way of life in the forests, are now under threat of eviction from their traditional lands. 33. Similarly, the Pasture Land Nationalization Act 1975/2031 Bikram Sambat2 nationalized traditional indigenous pasturelands, some of which were granted to commercial plantations, depriving many communities of their traditional livelihoods. This is the case of the Sherpas, whose traditional yak-raising has been endangered by the gradual loss of their traditional pasture lands. This situation has pushed them into cross-border grazing in Tibet, a practice which is in turn hindered by border policies. 34. Protected areas, including national parks, now constitute approximately 20 per cent of the total landmass in Nepal. Often these areas were created at the expense of indigenous lands. In the Himalayas, most of the land areas of the six existing national parks cover Adivasi Janajati traditional lands. The National Parks and Wildlife Conservation Act provides no recognition of indigenous peoples’ right to consultation or to access their traditional lands and resources, while giving quasi-judicial powers to the park chief wardens. 35. A case in point is the Royal Chitwan National Park, the subject of a communication sent by the previous mandate holder in 2007 (see A/HRC/9/9/Add.1, paras. 326-338). The park was established in 1971 in areas traditionally used and inhabited by the Tharu, Majhi, Bote, Darai and other communities who were displaced to the park’s buffer zone. Even though these communities now enjoy limited access to fishing and other traditional occupations, per some preferential arrangements made by the local authorities, many individuals displaced from the park area still remain landless and have not been provided alternative livelihoods or compensation. The Special Rapporteur heard from members of various communities who were prevented from gathering food, medicinal herbs and firewood from the park area, which severely limits their livelihoods based on subsistence economies. 36. Government officials and the concerned communities interviewed by the Special Rapporteur share the view that existing benefit-sharing mechanisms are ineffective, and that they do not lead to increased community development. A major obstacle in this regard seems to be the composition of the Chitwan Buffer Zone and District Development Committees, in which indigenous peoples are insufficiently represented. 37. Of particular concern are the reports received by the Special Rapporteur of mistreatment, arbitrary detention and sexual abuse of indigenous villagers, in particular indigenous women, by Chitwan National Park rangers and military officials designated to patrol the park’s premises. Lack of due process is further reported with regard to offences dealt with by the Chief Warden, upon whom the National Park and Wildlife Conservation Act vests all law enforcement powers. Although the Government denies such reports, the Special Rapporteur finds that they are sufficiently credible to warrant further investigation. 2 Bikram Sambat is the Nepali solar calendar.