A/HRC/12/34/Add.3
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other regions of the country, for their instrumental help in all phases of the visit, and
Luis Rodriguez-Piñero and the University of Arizona Indigenous Peoples Law and Policy
Program for its support in the preparation of this report.
II. BACKGROUND
6.
Nepal is currently undergoing a historical process of change in the definition of its
political, legal and social make-up. The ongoing transition towards democracy, best represented
in the constitution-making process, is an opportunity to improve the status and conditions of the
social sectors that have been historically marginalized from political decisions and deprived of
the full benefits of citizenship. The numerous culturally distinct groups that are regarded or
regard themselves as Adivasi Janajati (indigenous peoples) are among these groups, and they
have become a powerful voice in demanding recognition and respect for their human rights.
7.
The modern State of Nepal resulted from the consolidation of political power in the late
eighteenth to early nineteenth centuries by Gorkha royalty over numerous ethnically and
culturally differentiated groups, including the Adivasi Janajati whose ancestors were among the
earliest inhabitants of the territory and who had lived under their own political orders. The
unification of these diverse groups into a single State was achieved at the expense of political
and cultural plurality, and with the cementing of a feudal and social hierarchy that was overtly
exclusionary of the Adivasi Janajati. The 1962 Constitution, promulgated during the Panchayat
regime, declared Nepal as a Hindu State, thereby perpetuating the religious, linguistic and
cultural homogenization of the country’s identity.
8.
The introduction of a multiparty parliamentary system by the ruling monarch,
King Birenda, in 1990 did not alter the historical dynamics of discrimination and
marginalization, which were targets of the armed conflict that began with the Maoist insurgency
in 1996. The conflict was accompanied by systemic human rights violations, including
extrajudicial killings, internal displacement, rape and torture, in which indigenous peoples and
other communities paid a heavy toll.
9.
In April 2006, a Seven Party Alliance, supported by the Communist Party of
Nepal-Maoists (CPN-M), headed a 19-day-long mobilization that ousted the monarchy and
reinstated the Parliament. In November 2006, a Comprehensive Peace Agreement was signed
between the Government and CPN-M, which included the commitment to develop a new
constitution. In November 2007, the Parliament passed an Interim Constitution, which
established a Constituent Assembly, responsible primarily for drafting a new constitution.
Elections to the Constituent Assembly eventually took place in April 2008.
10. The process of constitution-making marks the transition towards democracy in Nepal as
well as the reformulation of the country’s identity along lines that are more representative of the
country’s plurality. This process, unprecedented in the country’s history, is one of both
opportunities and challenges as policymakers, civil society actors and community leaders
confront challenges in the State’s policies and societal structures that are strongly rooted in the