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required are measures to protect and revitalize Adivasi Janajati languages, which should be
afforded full constitutional recognition so they can be used in national education and
administration. Existing programmes for primary bilingual education should be strengthened and
developed in accordance with Convention 169 and the United Nations Declaration.
Simultaneously, it is necessary to identify and correct all regulations, practices and public
symbols that may have discriminatory effects with regard to the identities and cultures of the
Adivasi Janajati, in areas such as religion or spirituality, cultural traditions and festivities. A
national institution responsible for the study and revitalization of indigenous languages and
cultures, as successfully established in Guatemala, Mexico or Morocco, could be a way to
advance in this regard.
D. The role of international actors
75. The international community plays a crucial role in Nepal in supporting efforts towards
democratic transition, consolidation of the rule of law and human rights promotion, and
post-conflict reconstruction. However, with few exceptions, indigenous issues are still not fully
on the agenda of international cooperation programmes. Adivasi Janajati organizations claim that
they do not have adequate access to international agencies, and that their views and demands are
channelled and distorted by other segments of society. Similar concerns have been expressed in
relation to the international donor community. While a Social Inclusion Action Group was
established in 2005 to coordinate the action of donors, indigenous organizations claim the
Group’s awareness of indigenous concerns is limited.
76. Mainstreaming the rights of indigenous peoples as affirmed in Convention 169 and the
United Nations Declaration is now a major challenge for the work of the United Nations and
other international actors in the country. In this important task, ILO and OHCHR are to be
praised for their leading role in raising awareness of the situation of Adivasi Janajati across the
country and in supporting the Government’s efforts in enacting the required legal and policy
reforms. Both ILO and OHCHR, along with other relevant United Nations agencies, have major
roles to play in advancing indigenous peoples’ rights in Nepal’s future, in cooperation with the
Adivasi Janajati themselves.
V. CONCLUSIONS AND RECOMMENDATIONS
77. The Special Rapporteur is encouraged by the Government’s expressed commitment
to advance the rights of indigenous peoples, as reflected in Nepal’s ratification of the
ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and its support of the
United Nations Declaration on the Rights of Indigenous Peoples, as well as in a number of
policy and law reform initiatives in place at the domestic level. Much remains to be done,
however, to transform into reality the Government’s stated commitment to advancing the
rights of indigenous peoples. The Special Rapporteur respectfully submits a number of
recommendations in this regard.
Legal and institutional reform
78. A comprehensive programme of law and policy reform should be in place to advance,
in consultation with indigenous peoples, implementation of Nepal’s commitments under
Convention 169 and the United Nations Declaration. All relevant Government agencies,