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38. The Special Rapporteur repeatedly heard complaints that mechanisms in place to
compensate or consult indigenous communities, with a view towards obtaining their consent in
relation to the exploitation of lands and natural resources in their traditional territories, are
inadequate or non-existent. The case of the Melamchi Water Supply Project, financed by the
Asian Development Bank, provides an example in this regard. The project was initiated in 2001
with the objective of alleviating the shortage of drinking water in the Kathmandu Valley, and
involves the displacement of Tamang and other indigenous communities. It is alleged that
existing plans inadequately address compensation for relocation and restoration of affected
villages, and for loss of traditional ways of life. In addition, compensation schemes are limited to
those owners who have a formal title over their lands, leaving many families with no alternative
sources of income for their subsistence. The Government views the Melanchi project differently,
however, portraying it as beneficial to the indigenous peoples affected, and maintaining that
consultation with local people is now an integral component of its development process.
39. As a consequence of land loss and other systemic patterns of marginalization, indigenous
people became in some instances landless, bonded workers in private farms and wealthier
households under the Kamaiya, Kamalari and other systems. The Kamaiya system of bonded
labour was formally abolished in 2002, and, according to Government sources, there are over
30,000 free former Kamaiyas, more than half of whom are considered by the Government to be
“rehabilitated”. Almost all of them are Tharus in the western Terai. In order to rehabilitate
former Kamaiyas, the Government of Nepal has created a package of subsidies to be given to
each family.
40. However, these compensation schemes have not fully worked in practice. Local
communities claim that their current allotments of land and resources are insufficient for
sustainable farming. Some former Kamaiyas still lack identification cards and land allotments,
leading them to encroach onto neighbouring forests or establish unauthorized settlements in
urban areas, with constant threats of eviction. The desperate situation of many former Kamaiyas
contributes to perpetuating the sending of children to work as domestic workers in wealthier
homes through the Kamalari system of perpetual servitude, which, although outlawed in 2006, is
still practised.
41. Land-loss and forced displacement over time has resulted in the dissolution of
communities, the break-up of families, and the attendant lack of registration of many members of
Adivasi Janajati communities, making access to simple services such as health and education a
challenge, if not an impossibility. The Special Rapporteur received both statistical information
and personal accounts of indigenous people lacking citizenship certificates, and the
Government of Nepal has made notable efforts to remedy this situation. But according to the
Office of the United Nations High Commissioner for Refugees (UNHCR) in Nepal, an estimated
800,000 individuals still lack citizenship registration and are therefore considered de facto
stateless.
3. Culture, language and religion
42. The historical construction of a homogeneous Nepali State formed according to the
language, religion, and cultural identity of the dominant groups has deprived indigenous peoples
of the opportunity to fully exercise their cultural rights, resulting in the gradual loss of their
distinct languages and cultural and spiritual traditions.