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wider commitment to human rights, as reflected in the ratification of other international human
rights treaties. The Convention’s ratification is particularly significant as Nepal is the first Asian
country to ratify this instrument, signifying its potential leadership in the recognition of
indigenous peoples’ rights in the region.
25. Also as a reflection of its commitment to international standards concerning indigenous
peoples, Nepal voted in favour of the adoption of the United Nations Declaration on the Rights
of Indigenous Peoples on 13 September 2007. With Nepal’s ratification of Convention 169 and
its support for the United Nations Declaration, movement is in place towards legislative and
programmatic reforms that will establish or enhance legal protections for indigenous peoples and
mainstream those protections in the various relevant Government programmes, in line with the
standards expressed in these instruments.
D. Ongoing human rights challenges
26. The Government of Nepal is to be commended for its commitment to international human
rights standards, including those that specifically concern the rights of indigenous peoples, and
for the initiatives it already has undertaken to move towards compliance with these standards.
Despite significant improvements, Adivasi Janajati continue to confront discriminatory social
and political arrangements that originated in the past, and whose current manifestations impede
their effective control over their lives and undermine their cultural identities. Having suffered
gradual loss of traditional lands and access to life-sustaining natural resources, across the
country, they rank low in all human development indicators. Most Adivasi Janajati communities
live in conditions of poverty that, on the whole, are double or more the national poverty level,
not only in remote and rural regions but also in cities. Adequate health care among indigenous
communities is lacking, with indigenous women and children being especially vulnerable, as are
opportunities for education.
1. Political participation and self-governance
27. All actors consulted by the Special Rapporteur during his visit concurred that a major
barrier that indigenous peoples confront in the enjoyment of their human rights is their historical
exclusion from participation in decision-making processes at all levels of Government.
Historically marginalized from the political mainstream, indigenous peoples have been
inadequately represented at the local Government level. The preamble to the Local
Self-Governance Act, 2055 (1999) acknowledges the historical exclusion of indigenous
communities and the need to incorporate them into the development process. The Act provides
for the representation of at least one indigenous representative at the village, town and district
councils. But in practice Adivasi Janajati have continued to be ill-represented in the local
governing bodies, particularly in the geographic areas in which they are demographic minorities,
and they have lacked decision-making powers over district and village development programmes
affecting them. In the context of Nepal’s ongoing transition, the Government of Nepal reports
efforts to remedy this under-representation, and it is endeavouring to include representatives of
NFDIN in the formulation and implementation of development plans and allocation of resources
at the local level.
28. Noteworthy efforts have been made to increase representation of Adivasi Janajatis and
other under-represented groups in public service sectors. In 2007, the Civil Service Act was