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of indigenous groups in the social, economic and cultural areas. It has the Prime Minister as its
chair, the Minister of Local Development as its co-chair, and a vice-chairperson that functions as
its chief executive and who is selected from among names provided by the Nepal Federation of
Indigenous Nationalities, the main national collation of indigenous organizations. Also, NFDIN
has a Governing Council and an Executive Committee, both composed mostly of indigenous
members. Functionally, the Ministry of Local Development oversees the activities of NFDIN,
and the development and execution of Government policy on matters of indigenous peoples
more generally.
20. The current Interim Constitution of 2007 recognizes the diversity of Nepal (art. 3), and
defines the country as a secular, inclusive and democratic State (art. 4). The Interim Constitution
further recognizes the status of all mother languages as national languages, enabling their use in
the governmental sector (art. 5). Each community has the right to preserve and promote its
language and cultural heritage, as well as to receive basic education in its mother tongue
(art. 17). In addition, the document explicitly recognizes the rights of indigenous peoples to
“participate in State structures on the basis of principles of proportional inclusion” (art. 21), and,
further, authorizes the State to implement special measures “for the protection, empowerment
and advancement of indigenous nationalities” (art. 13).
21. Together with the various provisions of the Interim Constitution and the 2002 NFDIN Act,
other pieces of recent legislation address specifically the situation of and call for specific
measures in relation to the Adivasi Janajati and other marginalized groups. These include the
Local Self-Government Act (1999); the Three Year Interim Plan (2007); the 2007 amendments
to the Nepal Civil Service Laws, Military Act and Police Regulation; and the Ordinance on
Inclusion in Public Service (2009).
22. Notwithstanding these path-breaking legal developments, Government officials consulted
by the Special Rapporteur, acknowledged the need to promote a wider revision of existing
legislation in order to accommodate it to the evolving constitutional make-up and Nepal’s
international commitments regarding the rights of indigenous peoples, particularly as regards
sectorial legislation. The Special Rapporteur further found that, with few exceptions apart from
the Ministry of Local Development, Government ministries, while currently considering
programmes and policies to uplift Adivasi Janajati, there have not yet been significant advances
in the way of development and implementation of adequately funded programming and concrete
plans of action on the indigenous issues that are relevant to them.
23. The National Human Rights Commission, which is constituted as autonomous from the
Government, has recently started to incorporate attention to the rights of indigenous peoples
within the framework of its 2008-2010 Strategic Plan, which includes a strategic area of work on
“minorities”. In addition, NHRC has issued recommendations in a number of specific cases and
on measures for legal reform concerning indigenous peoples.
C. Nepal’s recent commitment to international standards
24. Responding to demands by indigenous organizations, Nepal ratified International Labour
Organization (ILO) Convention (No. 169) concerning Indigenous and Tribal Peoples in
Independent Countries (“Convention 169”) on 14 September 2007, and the Convention entered
into force for Nepal one year later. The ratification of Convention 169 forms part of Nepal’s