A/HRC/12/34/Add.3
page 7
distributed throughout the mountains, hills and lowlands (Terai) regions, but alternative sources
put the figure higher and criticize the quality of census data.1 Among the indigenous peoples, the
Magar, Tharu, Tamang, Newar, Rai, Gurung and Limbu are the largest groups.
15. The official list of indigenous peoples is contested, and the United Nations Committee on
Economic, Social and Cultural Rights expressed concern in 2008 about the “lack of clarification
about the criteria used by” NFDIN, the Government indigenous development agency, to
recognize indigenous peoples and the implications of this recognition (E/C.12/NPL/CO/2,
para. 28). The Special Rapporteur found indications that there are several groups that share in the
history, characteristics and common human rights problems of the Adivasi Janajati and
indigenous peoples elsewhere, but that are not on the official list. These include, for example, the
Kulung, Bahing and Yamphu, which are among the most marginalized in the country. In a
welcome development, a “List Renewal Task Force” composed of nine indigenous
representatives is currently being established by the Government for the purpose of re-examining
the official list with the participation of the main indigenous organizations.
16. Adivasi Janajati differ from the other, mainly Hindu- and Nepali-speaking, parts of society
in various ways, including in their social structures, languages (approximately 103), distinct
cultural and religious traditions, and ways of life. At varying levels, most indigenous peoples in
the country have faced situations of social and political marginalization, lack of cultural
recognition and economic disadvantage, which the current Government is working to amend, as
discussed below. Of particular concern are groups classified as endangered by Government
indicators.
B. Domestic legal policy and institutional framework
17. The 1990 Constitution of Nepal included a number of provisions affirming that Nepal is a
“multiethnic, multilingual, democratic” State. While that Constitution did not recognize the
rights of indigenous peoples as such, it paved the way for a number of policy initiatives that
enabled some limited recognition of indigenous peoples and their rights.
18. Specific policy initiatives for the advancement of indigenous peoples and other
disadvantaged groups started in 1997 with the ninth and tenth national development plans.
Addressing the shortcomings of earlier plans, the current plan now includes the objective of
promoting the economic and cultural development of indigenous peoples by increasing their
access to administrative, social and economic resources.
19. The National Foundation for Development of Indigenous Nationalities Act 2002
established the first comprehensive policy and institutional framework regarding indigenous
peoples. The Act created the National Foundation for Development of Indigenous Nationalities
as a successor to the National Committee for the Development of Nationalities of Nepal. NFDIN
is a semi-autonomous body that acts as the State’s focal point for indigenous policy, with a
mandate to make recommendations to the Government on measures to promote the development
1
See Pitamber Sharma, Unraveling the Mosaic: Spatial Aspects of Ethnicity in Nepal,
Himal Books, 2008, pp. 8-9.