Racial discrimination toward the indigenous peoples in Nepal:

nongovernment report for the third world conference against racism

(WCAR)

Mahendra Lawoti

Indigenous Country Paper Preparatory Subcommittee

2001

lawoti@mos.com.np

Keywords: indigenous communities, ethnicity, ethnic groups, racial discrimination, policies, guidelines, women, Gurkha, Nepal. Introduction The Nepali state has not recognized the Indigenous Peoples of Nepal. It has only partly recognized the Indigenous Peoples by identifying them as nationalities, and according recognition of their difference. It recognized 61 nationalities communities only in 1999. However, the state has defined the nationalities conservatively by calling them groups that face socioeconomic and cultural backwardness. Most of these nationalities' communities are Indigenous Peoples as well, and Indigenous Peoples define themselves as nationalities as well. Social scientists believe that there are more Indigenous Peoples / nationalities' communities than recognized by the state. An in depth anthropological-sociological survey is necessary for ascertaining the truer number of such communities and Peoples.

Nationalities define themselves as Indigenous Peoples and those with distinct cultural identities, languages, traditional religions, customs and cultures, traditional territories, and those who do not fall under the traditional four-fold Hindu varna classification. According to the 1991 census the nationalities'/ Indigenous Peoples comprised 35.6 percent of the total population. However, the Indigenous Peoples and nationalities allege deliberate undercounting of their communities and tempering of the census to project a larger Hindu and Khas-Nepali speaking population.2 In fact; many indigenous activists claim that they form a majority. The fact that the 1991 census recorded only 26 of the 61 Indigenous Peoples/ nationalities' separately and remaining small communities were lumped in the 'other' category is an example of systematic undercounting of Indigenous Peoples.

2The largest group is Magar is 7.2%. Most of the nationalities groups comprise of small population, and many of them, such as the Kusundas, Hayus, Bankariyas, Surels, and Chhairotans, are on the verge of extinction.

The smaller Indigenous Peoples face dire consequences in terms of discrimination, because of their small population as well as due to historic and current discriminatory treatment by the state and society. The recognition accorded by the state to 61 nationalities' communities does not recognize many linguistic communities within some of those groups and other not well-known communities. For instance there are more than 30 linguistic groups within the Rai community. Many of these smaller communities were treated as mashine or eliminable or enslavable by the old civil code. Such treatment resulted into ethnic cleansing.

The Indigenous Peoples/ nationalities' communities follow Buddhist, Kiranti, Bon, and Primer (nature worshiping) religions. Due to centuries long assimilation policy of the state, many members of nationalities communities follow some of the Hindu rituals and practices. However, with increasing assertion of identities in the last decade, the Indigenous Peoples are rediscovering their own traditions and practices, and reformulating their community identities accordingly.

Reasons for Racial Discrimination in Nepal

The group responsible for racial discrimination in Nepal is a minority in terms of population: a minority population is dominating a majority of the people. The dominant group consisting of male parbatiya (hill) Bahun and Chhetri consists of around 15 percent of the population only.3 Despite its minority population status, it is dominating rest of the society by controlling the state and societal apparatus with constitutional and legal manipulations and historic and current imposition of parbatiya Hindu Ideology, which severely disadvantages other communities, on the society. For instance, by declaring the state as Hindu in the Constitution, and following Hindu jurisprudence in laws of the country, it has imposed parbatiya Hindu value system in the society that facilitates domination of Indigenous Peoples, non-Hindu religious, dalit, madhesi and women groups.

3The Bahun-Chhetri population is around 31 percent. Since women are dominated, more so in the Bahun-Chhetri group, the dominant population, in reality, is half of it or approximately 15 percent.

Bahunbad: The main factor of discrimination toward the marginalized groups, including the Indigenous Peoples, is Bahunbad. Bahunbad is defined as domination of hill 'upper-caste' Hindu males in the state apparatus and society, including the supposedly progressive realms such as media, academia and human rights groups, and formulation, implementation and legitimization of public policies and social attitudes that favor the dominant group through such domination in most of the influential realms of the society. Extensive domination has been made possible by adopting the hill Hindu religious

ideology by the state, and communalization of the society by Hindu norms and values.

Historical Factors: With the 'unification' of Nepal, Hinduization was promoted actively by the state under lands brought under its control. It continues even today but in a lesser degree and more subtly than before. The Indigenous Peoples term this phenomenon as internal colonization. Dominant group members were encouraged to migrate to the territories of the Indigenous Peoples, lands of the Indigenous Peoples were confiscated, and their cultures and practices were eliminated. For instance, beef eating was prohibited even though many Indigenous Peoples ate beef. In 1854, PM Janga Bahadur introduced the first civil code in the country that attempted to bring the Indigenous Peoples into the Hindu hierarchical fold. It categorized the Indigenous Peoples into enslavable and non-slavable matwalis, or alcohol drinking communities. The former could be slaved, and hence suffered more than the latter groups. The Hinduization process was imposed through the Civil Code in Nepal whereas even in India, the modern states never did so (Sharma 1977). Promotion of one language, one religion, one dress and mono-cultural nationalism by the state not only hurt the culture of the Indigenous Peoples but it effectively marginalized them in economic, political and social realms. Some scholars have termed this phenomenon of imposition of dominant values, norms, and traditions on other communities of the society as cultural imperialism, which continues even today in lesser degree and in less explicit manner.

Current Legal Discrimination: The current democratic Constitution and laws discriminate against Indigenous Peoples in various ways. Declaration of Nepal as a Hindu state, treatment of Khas-Nepali language as the language of the nation (and according it primacy) while calling other native languages as national languages, restriction of instructions in native languages up to primary level only, and prohibition of political parties based on religion, caste and community are some of the examples of constitutional discriminatory measures (Gurung et. al., 2000; Subba et. al.). According to the Nepal Federation of Nationalities (NEFEN) there are more than 25 constitutional and more than 40 legal provisions that are harmful to the Indigenous Peoples (NEFEN 2000, Subba et. al., 2000). In some cases, discrimination through omission has occurred: for example, in the equality provision, among the various spheres mentioned, language is not mentioned, facilitating discrimination between native languages.

Laws based on individualistic norms and parbatiya Hindu jurisprudence have superseded many of the customary laws of the Indigenous Peoples (Shrestha 2000, FWLD 2000). Inheritance, criminal, marriage, divorce and citizenship laws, based on Hindu value systems discriminate the Indigenous Peoples, especially the women.

Current Political Structural Discrimination: In a culturally plural country like Nepal, adoption of the Westminster model that work in homogenous societies has contributed in facilitating continuance of dominance of the social-cultural elite group. In the Westminster model, government structures are selected in such a way that they enable the party that gets a plurality of votes to have overwhelming control over the executive. This allows for the policies and programs of that party to be implemented all over the country. This becomes harmful to minority groups if one social-cultural group dominates the political parties, as is the case in Nepal. The dominance of the caste Hindu elite groups in political, civic, cultural and economic spheres in Nepal has created a situation whereby the Westminster model of democracy has enabled the dominant group to impose their values and norms to rest of the society through public policies. Lack of accommodative and power sharing governance structures has excluded the Indigenous Peoples from governance. Rights of autonomy and self-determination are denied in Nepal

Current Social Structural and Attitudinal Discrimination: Social hierarchy, following the Hindu norms, that assigns the Indigenous Peoples lower than the 'upper caste' Hindus, and pervasiveness of such norms in the society has discriminated Indigenous Peoples in their daily encounter with the caste Hindu elite (CHE) group members. Imposition of dominant cultural values on Indigenous Peoples has threatened their culture and traditions and Hindu religious hegemony has rendered other religious groups and customs vulnerable. The attempt of Hindu fundamentalists to encompass folk religions within its fold is deplorable because it refuses to recognize the separate religious identity of Indigenous Peoples.

Forms of Racism towards Indigenous Peoples/ Nationalities' Communities in Nepal

Socio-cultural Discrimination

Linguistic Discrimination: Article 6(1) of the Constitution declares Khas-Nepali as the official and ‘language of the nation’ whereas more than 100 other native languages are termed ‘national languages’. By categorizing Nepali differently, it bestows special importance to it. The Supreme Court nullified the declaration of local languages as additional official languages by three local jurisdictions. Article 18(2) of the Constitution does not sanction native language instructions in schools beyond primary level. The state does not support native language instructions even at the primary level. It does not even recognize education conducted at madrassas and Buddhist monasteries. On the other hand, the government spends millions of rupees for the Sanskrit pathsalas and the Sanskrit University whose beneficiaries are male Brahmins. In addition, by imposing compulsory Sanskrit all over the country, the state is systematically imposing Hindu values and ways on non-Hindu communities.

The Khas language has been treated as the 'Nepali' language while other native languages are not called Nepali. Likewise, only the Devangiri script has been treated as the Nepali script while other scripts of the country are not.

Religious Domination: By declaring Nepal a Hindu state, the Constitution discriminates against other native religions. The Constitution itself is, hence, communal. Hindu norms and values have become the norms and values of the state. Many of the festivals and traditions have been interpreted as Hindu cultures. It has been used as the basis for formulating policies that favor the dominant group. Nature worshipers are facing double discrimination because they are not only threatened by communal attitudes of the state that promotes Hindu religion but have been marginalized by the established formal religions like Hinduism, Buddhism and Christianity.

The government allocates budgets every year for promotion Hindu religion but does not allocate any resources for other religions. Books on Hindu religion is published and distributed by the Royal Nepal Academy whereas books on other religions are not. Hindu religion gets 90 percent of the time allocated for religions in the state owned Radio Nepal while some religions do not get any time at all.

Abolishment of Land Rights: Indigenous Peoples welfare, protection of their culture and their identity depend considerably on their traditional land and resources on those lands such as forests. Their ways of life and identities could be preserved and promoted through traditional communal ownership of lands. However, communal lands have been systematically abolished by the state, during the 'unification' and later on during its consolidation. In Nepal, the Kipat system of the Limbus was abolished as late as in the sixties. Anthropologist and historians have recorded whole villages of Indigenous Peoples uprooted when the state granted birta (land grants) to Brahmins and Chhetris.

Likewise, the state is even now threatening the livelihoods of Indigenous Peoples in the name of protecting wild life. Extensive reservation of parks and conservation areas for wild lives has been established in territories of Indigenous Peoples disregarding Indigenous Peoples lives and cultures. Not only their traditional homelands have been taken over, but also their livelihood is at great stake since grave hindrances have been created for them in using forests, water and other resources. In Nepal, the government is concerned about the security of animals but not Indigenous Peoples.4

4Please see the Kamaiya or the bonded labor section for a peculiar manifestation displacement of Indigenous Peoples from their land.

Cultural Imperialism: The Indigenous Peoples face cultural imperialism because the state and society promotes the parbatiya culture. The Constitution and laws of the country do not recognize equal status of non-Hindu groups and ways

of lifestyle and practices. In matters where formal laws contradict with customary practices of the Indigenous Peoples, the laws override customary laws. The irony of this phenomenon is that the egalitarian practices of the Indigenous Peoples have been replaced with hierarchical ones.

Public holidays are overwhelmingly given on parbatiya Hindu festivals. Overwhelming national heroes and symbols hail from the caste Hindu elite males. Indigenous names of rivers, mountains, places and so on have been annexed by the dominant culture. With such annexation historic and social meanings attached to such names have been lost, contributing systematic elimination of indigenous culture. Another form of cultural imperialism is demeaning stereotyping of the Indigenous Peoples. They are considered dumb and illiterate and their backwardness is attributed to alcoholism, laziness and so on. These racist attitudes are so wide spread that even many members of the nationalities' have internalized them. This view completely ignores the backwardness of the groups due to communal state policies that favors the dominant community.

Discrimination in Citizenship Distribution: According to article 9.4.a of the Constitution, only those foreigners can acquire Nepali citizenship if they know Khas-Nepali language written in Devangiri script. The same opportunity is not provided to any one knowing any of the other 100 native languages of the country. Likewise, article 8 of the Constitution limits birthright citizenship to the year BS 2019 (1962). Because of this article, those who were born before that period but had not taken citizenship at that time are denied citizenship. The high-level citizenship committee constituted under parliamentarian Dhanpati Upadhaya in 2052 estimated 3400,000.00 (thirty four hundred thousand) Nepalis older than 16 years without citizenship. Land less and nomad Indigenous Peoples are affected by this provision because they or their ancestors did not obtain citizenship certificates owing to their nomadic lifestyles.

When citizenship certificates were distributed, different surnames were given to many communities. For instance, Chepangs were called 'Praja' whereas many Jimi, Khambu and others were called 'Rai'. However, there is difficulty in reverting back to one's desired name, as they have been permanently instilled in the citizenship certificates.

Discriminatory Laws: Part IV, section 7 of the New National Code of Nepal (Muluki Ain) of 1963 prohibits killings of cows because it is a Hindu deity, and those who violate it may become imprisoned for 12 years, equivalent to life imprisonment. Many Indigenous Peoples have been imprisoned on charges of killing cows. According to the NEFEN, there are more than 40 laws5 that discriminate against Indigenous Peoples. Another example of discriminatory attitude of the state is lack of legislation of laws, as directed by the Constitution, with regards to marginalized groups even after more than a

decade. A study conducted by the Development Law Link (2056) revealed that majority of the laws not made till now are those that concern the marginalized groups, such as the Indigenous Peoples.

5The Nepal Janajati Mahasangh (The Federation of Nationalities) claims that at least 40 common and special laws are discriminating to their communities. The discriminatory laws include those on marriage, divorce, criminal laws, land ownership and registration, animal rape, and different acts such as Election (crime and punishment) Act 2047, Citizenship Act 2020, Meeting and association Act 2005, Alcohol Act 2031, Nationalization of private forest Act 2013, Local self governance Act 2055, land Act 2021, Nationalization of pastures Act 2031, Land taxation Act 2034, Forestry Act 2049, Protection of water animals Act 2017, Education Act 2028, Historic heritage preservation Act 2013, Citizen rights Act 2012, National park and wildlife protection Act 2029, HM King Mahendra Nature Preservation Fund Act 2039, Plant preservation Act 2039, Land and water resources protection Act 2039, Water resources Act 2049, Tourism Act 2035, Mine and mineral products Act 2042, scholarship Act 2021, Royal Nepal Academy Act 2050, Mahendra Sanskrit University Act 2043, Nepal Bhasa Publication Corporation Act 2021, Guthi Corporation Act 2033, Body Protection Act 2043, Electoral District Division Commission Act 2047, Cooperative Act 2048, Compensation Act 2019, etc. (please refer to Subba et. al., 2000 for elaboration of some of the issues).

Even the few rights guaranteed by the Constitution and laws are not implemented according to the spirit of those laws. There is a significant trend of judicial pessimism in the country with regard to dominated communities. This can be seen from the analysis of conservative verdicts of the Supreme Court, otherwise considered independent, concerning the Indigenous Peoples and other marginalized communities. The nullification of the declaration of second medium languages by three local jurisdictions, verdict against removing Khas-Nepali paper in the civil service exam, non-progressive verdict on property rights demands by women and negative verdicts on citizenship issues of madhesi community demonstrate trends of verdicts that are pessimistic toward marginalized groups. One of the reasons for this negative trend is the overwhelming dominance of the Supreme Court by Bahuns who are not sensitive to the issues of the marginalized communities.

Restriction on Freedom of Association: Article 12(2) guarantees freedom to assemble, to form unions and associations. However sub-articles 1-5 categorically states that nothing "shall be deemed to prevent the making of the laws to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or so on." By specifically mentioning 'castes, tribes or communities,' the article clearly indicates where it is aimed at. Likewise, article 113(3) states that "the election commission shall not register any political organization or party if any Nepali citizen is discriminated against in

becoming a member on the basis of religion, caste, tribe, language or sex or if the name, objectives, insignia or flag is of such a nature that it is religious or communal or tends to fragment the country." A number of ethnic named political parties have been banned (Bhattachan 1997) while the Shiva Sena Party Nepal, a Hindu extremist group that demands capital punishment to those who kill cow in its manifesto, was registered in 1999.

Sub-articles 1-5 of article 12(2) and articles 113(2) are also targeted more towards ethnic, low caste and cultural groups because it specifically mentions castes, tribes and communities, implying they are potential threats. The "harmonious relations subsisting among the people" defined and described by the dominant community is the one that is discriminatory and hierarchical. The existing "harmonious relations" is the perspective of the dominant groups; it calls the discriminatory social structure where women, the lower caste, minority religious, indigenous and ethnic group suffer from material and cultural deprivation as harmonious, and ignores ethnic-cultural-religious conflicts (Cox 1991, Caplan 1972, Dastider 1995). Any attempt at equality will have to work against the ascribed caste hierarchy, discrimination and the supposedly "harmonious relations". This will create tensions. By allowing for making laws to impose restrictions that threaten this lopsided "harmonious relations," the Constitution is discriminating against the disadvantaged groups. The dominant group will define the threat to "harmonious relations" as they control the state apparatus. They may perceive anything that challenges their dominance as threatening to the "harmonious relations".

Tampering and Manufacturing of the Census Data: The census does not record population of less populous Indigenous Peoples. In a country with more than 100 ethnic groups, there are many Indigenous Peoples with less than ten thousand population. Even the upcoming census does not intend to record them. In addition, the census systematically attempts to record them as Hindus and Khas-Nepali speakers. Various community organizations of Indigenous Peoples, dalit, madhesi, women, and minority religious groups allege that they have been misrepresented in the census intentionally. Analysis of the questionnaire, instructions to the enumerators, and the analysis conducted and published provide space for questioning the validity and reliability of the whole process. The census is geared towards projecting a predominantly Hindu dominated kingdom with majority native Khas-Nepali speakers (Gaige 1975, Gurung 2000, Bhattachan 1997, Jha 1993, Yadav 1997, Mabuhang 1999). The forthcoming census of 2001 will continue to misrepresent the ground realities because despite some positive changes, the Census Bureau is not ready to correct important mistakes in the questionnaire. For instance, in the religion category, it still refuses to add the 'unbeliever' or 'secular' category, in a country where the communists form the main opposition party.

Discrimination in Access to Resources

The upper caste parbatiya Hindu males disproportionately enjoy better access to state and societal resources. Most of the Indigenous Peoples fare badly. Generally, the dominant groups have enjoyed patronage of the state.6

6The elite Hindu caste Bahun and Chhetri and elite Newar (5.6 % pop.) are enjoying better access to resources. The former two groups are ruling groups whereas Newar community has done well in accessing resources despite facing cultural discrimination. The Newar's entrepreneurial skills in trade and commerce, their specialized knowledge and skills in administration and residence in the capital are responsible for their better performance compared to other Indigenous Peoples. Jointly these communities were holding more than 81.7 % leadership positions in important areas of governance such as judiciary, executive, legislature, and public administration etc. in 1999.

Integrated National Index of Governance, 1999

Institutions Bahun-Chhetri

Indigenous

Madhesi

Dalit

Newar

Others

Total

Courts 181 4 18 0 32 235

Constitutional bodies

14 2 3 0 6 25

Cabinet 20 4 5 0 3 32

Parliament 159 36 46 4 20 265

Public Administration

190 3 9 0 43 245

Political parties leadership

97 25 26 0 18 165

DDC chair/vice chair, mayor/ deputy mayor of municipality

106 23 31 0 30 191

Industry/ commerce leadership

7 15 0 20 42

Educational ass'n leadership

75 2 7 1 11 1 97

Culture: academic & professional leadership

85 6 0 0 22 123

Science/Technology

36 2 6 0 18 0 62

Civil society leadership

41 1 4 0 8 0 54

Total 1011 108 170 5 231 1520

Percentage 66.5 7.1 11.2 .3 15.2 100

Population % 31.6 22.2 30.9 8.7 5.6 .1 100

Difference % +34.9 -15.1 -19.7 -8.4 +9.6 -1

Source: Neupane (2000): Nepalko Jatiya Prashna (The National Question), p. 82. Notes: Newar is also an indigenous community, and 9 percent of the madhesi are Indigenous Peoples.

Dominance of elite caste group in high-level positions has not changed much for the last century. According to Nepal Human Development Report (NESAC 1998), since 1854 the dominant castes have occupied more than 92 percent of the top administrative positions. The table shows the discrepancy that exists between different communities in terms of accessing resources.

Exclusion in Political Participation: Political participation of Indigenous Peoples has been very poor in public offices. It has not changed much even in the democratic era. In fact, in some cases, it has worsened. For instance, the representation of Indigenous Peoples has declined in the democratic parliament compared to the earlier Rastriya Panchayats. The positions of the Madhesi Indigenous Peoples in the 1991 to 1994 to 1999 parliament have steadily declined.

Exclusion in Administration: Participation of Indigenous Peoples in the bureaucracy is very insignificant. It has declined in the democratic era compared to the earlier Panchayat period. Even educationally and resource wise well off group like the Newar's position has declined in the last decade. One factor for the low participation of the Indigenous Peoples is the medium of

exam and a paper in the Khas-Nepali language, which disadvantages Indigenous Peoples, in the civil service examination. Overwhelmingly disproportionate recruitment of male Bahuns has resulted into inefficiency in public service since they cannot serve well members of those communities that do not speak the Khas-Nepali language.

Economic Vulnerability: Due to discriminatory policies of the state towards Indigenous Peoples, the socio-economic position of the Indigenous Peoples has been vulnerable, except for a handful of trading communities. Elimination of their communal land by the state, and redistribution of them to Bahuns and Chhetris as Jagir and Birta impoverished these communities historically while such policies consolidated the economic conditions of the ruling group. Lionel Caplan (1975) found that many of the Nepali elite owed their wealth to their positions in the administration. As administrative positions were mainly held, and are still being held, by the CHE group, the dominant groups primarily became rich off the state.

Misrepresentation and Ignorance in Media: Dominance of the media by the dominant group has resulted into lack of access to the media: it has resulted into ignorance, misrepresentation, and continuance of stereotyping about Indigenous Peoples. A recent empirical study revealed that the 'mainstream' vernacular media gave coverage to less than 1 percent space for nationalities/indigenous issues. The coverage given was also mostly confined to news of seminars, workshops or features based on human curiosity interests. Substantive political and cultural demands and issues or the perspectives of the indigenous activists have rarely got any coverage.

The Bahun-Chhetri groups held more than 70 percent of the editorial, and other important managerial positions in 2000. Absence of Indigenous Peoples in editorial and other staff positions is severe. This is one of the main causes for misrepresentation of the Indigenous Peoples in the media. The programs of the only Radio in the country are also mostly conducted in Nepali, and are not understood by many of the non-Nepali speaking community members.

Public Policy, Budgeting and Implementation of Programs

Government policies and programs have largely ignored the Indigenous Peoples. The government attitude seems to formulate universal programs and policies for education and poverty alleviation. These have largely benefited the dominant group members.

Compared to the Eighth Plan, the Ninth Plan (1997-2001) is more sensitive to the Indigenous Peoples. Chapter 13 on "Social Service and Security" discusses programs for "Indigenous Peoples and nationalities." However, Dr. Harka Gurung (2000), former vice chairman of the National Planning Commission and former minister asserts that the concept of social security is a much narrow concept

than social development and social equality. He argues that the proposed economic and social development programs are presented like a wish list (Gurung 2000). The Janajati Council, main feature of the institutionalization part, and the clearest program, has not been implemented even after elapse of half the Plan period. The Ninth Plan envisions resource mobilization to be conducted after the proposed Janajati Council and its district level committees identify programs. Since the council is yet to be formed, the implementation of programs is almost impossible in the current period. Gurung charges that the government programs indicate tokenism: unless programs are insinuated from all ministries, and not conducted through only one institution, equality for these groups is just a farce.

The programs conducted through the Rastriya Janjati Vikash Samiti, formed in the fiscal year 2054/2055, are severely constrained by limited mandate and minimal budget allocated to it. In the three years since its inception, it has spent around only one and half crores (around $215,000) in programs related with Janajati institutions. If the annual budgets received by the committee, after deducting the administrative expenses of the committee, were to be distributed among the indigenous/nationalities linguistic groups, a group will not receive even a hundred thousand rupees (around 1500 US dollars) while the Sanskrit University and schools receive millions of rupees, in addition of thousands of teachers hired for teaching compulsory Sanskrit in schools and spending millions of rupees for the purpose. Compulsory Sanskrit education is an example of detrimental public policy.

Ignorance of Indigenous Issues by Human Rights Groups

Ironically, despite these numerous problems faced by the Indigenous Peoples in Nepal, the Human Rights groups have not espoused their issues in significant ways. For instance, INSEC a premier human rights organization in Nepal has never raised the issue of the Nepali Indigenous Peoples in its annual human rights publication despite requests made by Indigenous Peoples. In fact, many human rights activists work against the interests of the Indigenous Peoples and other marginal groups by opposing or ignoring language, religion and other collective rights of these communities. One of the reasons for the ignorance of indigenous and other group based issues by the human rights organizations is because these organizations are dominated by the dominant community members who are insensitive to these issues, and who wrongly perceive that these issues threaten them. In many national and international forums, dominant group human rights activists misrepresent Indigenous Peoples and minority issues by claiming that these problems do not exist in Nepal. Non-recognition or ignorance even by groups supposed to be committed to civil liberty, and who are responsible for monitoring those violations, have contributed in continual ignorance of these problems. When past and current discrimination are not intervened, they continue. By not monitoring and raising

the voices of the Indigenous Peoples, the HR groups are also indirectly responsible for continuation of the plights of the Indigenous Peoples in Nepal.

Specific Problems faced by Indigenous Peoples

Some of the Indigenous Peoples face specific problems, in addition to the general problems described and analyzed above. I will discuss the problems of the women, Gurkha and Kamaiya below.

Women's Conditions: Generally women fare better among the Indigenous Peoples compared to the caste elite Hindu groups. This is due to the egalitarian social structures of the Indigenous Peoples. Many Indigenous Peoples have matrilineal family structures, while other communities also have traces of such orientation. However, inequality among men and women does exist. This is more so among the more Hinduized groups. Patriachical laws and codes imposed by the state universally in Nepal have also contributed in widening the gap between males and females among the Indigenous Peoples since they have to follow the laws of the land.

Within the country, as shown by earlier tables, employment opportunities are less for the Indigenous Peoples. Due to exploitation and oppression of the Indigenous Peoples, and abolishment of their rights on their lands, forests and other natural resources, many male members travel elsewhere to earn income to support their families. This has resulted into many women led households among the Indigenous Peoples, increasing burden among the women.

Bonded Labors: Many Tharus of the far west and mid west Terai are Kamaiya or bonded labors despite the declarations of their liberation by the government a year ago. Even those who have been liberated face dire living conditions, as the government has not initiated resettlement programs for them. Despite provisions in the Constitution that did not permit any form of slavery, the Kamaiya were not freed from their servitude for a decade even after the restoration of democracy. The Kamaiya case demonstrates lack of apathy of the ruling group towards issues of Indigenous Peoples and other marginalized groups in the country. Many Tharus were made bonded labor after being displaced from their land and territory by new migrants. The state policies of encouraging new settlements in the Terai and cutting down forests for settling migrants were primarily responsible for displacing the Tharus from their traditional territories. Conversion of communally accessed forests into individually owned cultivated lands speeded the process of uprooting of the Tharus form their traditional habitat. The government did not recognize the Tharu's communal rights on lands and forests. It facilitated the displacement process.

When the bonded labors were freed, they were not compensated for the inhuman experience they lived through. The government also did not punish those who kept them as bonded labors. The freed Kamaiyas have not been rehabilitated after being declared freed despite the passage of nearly a year.

Discrimination of the Gurkha: The Gurkha, who is overwhelmingly Indigenous Peoples, serves in the British Army. They have been discriminated by the British Government in terms of pension, retirement and other benefits provided to servicemen. In the last few years, under the pressure launched by the Gurkha, the British government has raised nominal pensions of some of the ex-servicemen but it is still not equal to what their British counterparts receive. Meanwhile many war veterans and redundant have not received even these nominal pensions, nor have their families received welfare packages. Nor have they received any care for their mental, social and physical disabilities and problems.

While the British Government violated the human rights of the Gurkha, the government of Nepal has failed to raise the voice of its discriminated citizens, from whose services abroad it has benefited tremendously. The Gurkha remittance has always played a significant role in the Nepali economy. Till 2028/2029 (1972), the Gurkha remittance was the largest dollar source for Nepal. Despite these huge benefits, the Nepali society and state did not raise voices for the Gurkha nor did they initiate any plans and programs to uplift their communities, languages, culture and traditions. In fact, the dominant society portrayed the Gurkha with derogative stereotypes.

Despite the vociferous voices raised by the Gurkha in recent years, and their national and international movement for parity and equality of pay, pension and treatment, the government has not done much to raise the issues at international forums. The state controlled by the dominant group has not shown its sensitivity toward problems confined to the Indigenous Peoples. (Please refer to the booklet entitled United Kingdom and Human Rights Violations for details on specific human rights instrument violation -The Kathmandu Declarations: #2, p.28; demands to the UK-#1-10, p. 33-35; demands upon the United Nations and the European Human Rights Community –p. 35-36; and national and international human rights communities-p.36; and on the Nepali state - #11-14, p.35).7

7Please see the paper of Gopal Siwakoti Chintan and Mary Des Chene presented at the International Human Rights Conference on Discriminatory Treatment of the Birtish Army Gurkhas, Kathmandu, Nepal, 9-11 March, 2001, for details of different human rights articles that discriminate the Gurkhas.

Laws contradicting International Human Rights Instruments

The following are some of the articles of different International Human Rights Instruments, Conventions and Declarations that are relevant for protecting the rights of Indigenous Peoples in Nepal. Some of them have been violated by the Nepali state and society, in practice and through its Constitution and laws.

Minority Rights Declarations (MRD) Violations

Adopted by the General assembly resolution 47/135 of 18 December 1992 MRD Article 1.1 & 1.2: The article deals with protection of minority identities and States' duties for protecting it.

Comments: The Nepali state has not adopted appropriate legislative and other measures for protecting "the existence and the national or ethnic, cultural, religious and linguistic identity of minorities" even after a decade of restoration of democracy, as espoused by articles 1.1 and 1.2.

MRD Article 2.1 and 2.2: The article deals with rights of minorities to practice their culture and social life.

Comments: The laws of the land are based on Hindu jurisprudence. They discriminate non-Hindus such as the Indigenous Peoples, low-caste Hindus and women. Article 4 of the Constitution declares the state as Hindu, effectively giving Hindu religion a special status. Religious holidays are not granted to many of the Indigenous Peoples and minority communities' festivals. Adoption of the Hindu Ideology by the state is hindering effective participation of Indigenous Peoples in "cultural, religious, social, economic and public life," as shown by the earlier descriptions.

MRD Article 2.4: "…..Minorities have the right to establish and maintain their associations." Comments: The article 113.2 of the 1990 Constitution bans political parties on the basis of "religion, caste, tribe, (and) language". Article 12.2.3 of the Constitution restricts freedom of forming unions and associations on the basis of "castes, tribes and communities."

MRD Article 3.1: "Persons belonging to minorities may exercise their rights including those as set forth in this Declaration individually as well as in community with other members of their group,8 without any discrimination." Comments: Community or groups rights are not fully recognized by the Constitution and laws of the country in Nepal.

8Underlined emphases are mine.

MRD Article 4.1: "States shall ……..ensure that ……minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination…"

Comments: The state has not taken measures that ensure minorities' full and effective exercising of all their human rights and fundamental freedoms. Articles 9.1, 9.2, 9.5 of the Constitution discriminate citizenship distribution based on gender, article 9.4a discriminates based on language, and constitutional and legal articles on citizenship discriminate against those who have not taken citizenship certificates at the time of earlier distribution.

MRD Article 4.3: "States should take appropriate measures so that ….persons belonging to minorities has adequate opportunities to learn their mother tongue or to have instructions in their mother tongue." MRD Article 4.4: "States should ….encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory." Comments: The state has not taken appropriate measures for initiating instructions in mother tongues of Indigenous Peoples. In a few languages and in a few schools the government has allowed optional teaching of different native languages. However, it is not instruction in mother tongue. Article 18.2 of the 1990 Constitution does not permit education in native languages beyond primary school. Article 6 of the Constitution does not treat native languages equally with Khas-Nepali. MRD Article 5.1: "National policies and programs shall be planned and implemented with due regard for the legitimate interests of persons belonging to minorities."

Comments: National policies and programs have not been "planned and implemented with due regard for the legitimate interests of persons belonging to minorities." The limited mandate to the Nationalities Development Committee and minimal budget allocated to it indicate tokenism, and not sincere efforts.

United Nations Declaration on the Elimination of all forms of Racial Discrimination (UNDERD)

UNDERD Article 1: "Discrimination between human beings on the ground of race, color or ethnic origins is an offence to human dignity and shall be condemned..……..". Comments: Cultural, economic, political, social, and resource accessing discrimination based on ethnic origins exists in Nepal.

UNDERD Article 2.1: "No State, institution, group or individual shall make any discrimination ...on the ground of race, color or ethnic origin."

UNDERD Article 2.3: "Special concrete measures shall be taken in appropriate circumstances in order to secure adequate development or protection of individuals belonging to certain racial groups with the object of fundamental freedoms….."

Comments: Discrimination based on race and ethnicity has been detrimental to Indigenous Peoples of Nepal. The state policy and societal attitude are responsible for discrimination. The state has done little to ameliorate the situation.

UNDERD Article 4: All States shall take effective measures to revise governmental and other public policies and to rescind laws and regulations which have the effect of creating and perpetuating racial discrimination wherever it still exists. Comments: The government has not taken measures to rescind laws or public policies that discriminate Indigenous Peoples.

UNDERD Article 9.1: "All propaganda and organizations based on ideas or theories of the superiority of one race or ……ethnic origin with a view to justifying or promoting racial discrimination in any form shall be severely condemned."

UNDERD Article 9.3: "….All States shall ……prosecute and/or outlaw organizations which promote or incite to racial discrimination…..based on race, color or ethnic origin."

Comments: Caste system is based on hierarchy. Even though the state has banned it, it has not initiated sufficient measures to eliminate it. Dalits are still prohibited from many public places and the state has not done anything to those persons responsible for such prohibition. Fundamentalist Hindu organizations like the Nepal Shiva Sena Party operate freely, and it has been registered with the Election Commission. Caste system puts those not belonging to it as outsiders. Indigenous Peoples, and other non-Hindus, have thus been given lower status by the caste system that still operates in the society.

International Convention on the Elimination of all forms of Racial Discrimination (ICERD)

ICERD Article 1.1: "…Any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."

Comments: Sever cultural domination and exclusion in accessing resources such as political, economic, and social and so on is faced by the Indigenous Peoples.

ICERD Article 2.1C: "Each State Party shall ……amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists."

Comments: The Nepali State has not amended or rescinded laws and regulations that perpetuate racial discrimination. In fact, it vigorously defends the Constitution that has discriminatory articles.

ICERD Article 2.2: "States shall ….take …special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms." Comments: Only token steps have been taken. It is severely inadequate to counter centuries long discrimination.

ICERD Article 4: "State Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one color or ethnic origin….."

Comments: State owned radio station and state supported agencies such as the Royal Nepal Academy propagate mostly the dominant Hindu religion, and in many instances in ways that demean other religions and cultures. The media also mostly propagates Hindu values and news. Imposition of compulsory Sanskrit propagates Hindu values and norms to all children in the country.

ICERD Article 5d (VIII, IX): The right to freedom of opinion and expression; the right to freedom of peaceful assembly and association."

Comments: As discussed previously, Indigenous Peoples face restriction from enjoying the above-mentioned freedom.

ICERD Article 5f: "The right of access to any place or service intended for use by the general public…." Comments: Dalit are denied entrance to many public places and services. Newar dalit suffer from such exclusion.

ICERD Article 6: "State Parties shall assure …….just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination."

Comments: The Nepali State has not taken any step in this direction.

ICERD Article 7: "State Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and

information, with a view to combating prejudices which lead to racial discrimination…."

Comments: Textbooks still contain derogative and condescending sentences toward various Indigenous Peoples. Demeaning songs are played in the government owned radio station.

ILO Convention 169: Convention Concerning Indigenous and Tribal Peoples in Independent Countries

The ILO Convention 169 adopted in 1989 meets many of the specific problems of the Indigenous Peoples since it specifically targets the Indigenous Peoples. However, Nepal has not ratified this convention. The following are some of the relevant articles.

ILO Convention Article 2.1 & 2.2 a, b, c: These articles identify responsibilities of governments toward the Indigenous Peoples to protect their rights in different sectors such as social, economic, and cultural realms. The article also assigns governments the task of ensuring equality, and reducing income gaps of Indigenous Peoples.

Comments: The Nepali government has done very little toward the Indigenous Peoples. In fact, it does not recognize them as Indigenous Peoples.

ILO Convention Article 3.1: The article guarantees human rights and fundamental freedoms of Indigenous Peoples.

ILO Convention Article 4.1: "Special measures shall be adopted as appropriate for safeguarding the persons, institutions, property, labor, cultures and environment of the peoples concerned."

ILO Convention Article 5a: "The social, cultural, religious and spiritual values and practices of these peoples shall be recognized and protected……"

ILO Convention Article 6b, c: These articles identify government’s duty to ensure participation of the Indigenous Peoples in decision-making processes and development of their own institutions and initiatives, for which governments have to provide resources.

ILO Convention Article 7.1: It deals with the right to decide priorities in life and society by the Indigenous Peoples themselves.

Comments: Hindu values and norms, and policies that facilitate such values are imposed on the Indigenous Peoples.

ILO Convention Article 8.1: "In applying national laws and regulations to the peoples concerned, due regard shall be had to their customs or customary laws."

Comments: Customary laws have been mostly ignored in Nepal.

ILO Convention Article 9.1 & 10.1: This article also deals with customary laws with regard to punishment of Indigenous Peoples.

ILO Convention Article 14.1: "The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognized…….Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect."

Comments: The Nepali State does not recognize land rights of Indigenous Peoples.

ILO Convention Article 14.2: "Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession."

ILO Convention Article 15.1, 15.2: "The rights of the peoples concerned to the natural resources pertaining to their lands shall be especially safeguarded……governments shall….consult these peoples …before undertaking program for the exploration or exploitation of such of such resources pertaining to their lands."

ILO Convention Article 20.2.a, 20.2.b, 20.3.c, & 20.3.d: These articles are relevant to dalit, Gurkha and Kamaiya.

ILO Convention Article 27.1, 27.3: "Education programs ……shall be developed and implemented in co-operation with them to address their special needs, and shall incorporate their histories, their knowledge and technologies, and their value systems and their further social, economic and cultural aspirations …… governments shall recognize the right of these peoples to establish their own educational institutions … appropriate resources shall be provided for this purpose." Comments: The Nepali State does not recognize the above rights.

ILO Convention Article 28.1: "Children belonging to the peoples concerned shall, wherever practicable, be taught to read and write in their own indigenous language or in the language most commonly used by the group to which they belong."

Comments: The Nepali State does not recognize the above rights.

ILO Convention Article 28.3: "Measures shall be taken to preserve and promote the development and practice of the indigenous languages of the peoples concerned."

Comments: The Nepali State has done very little in this direction.

ILO Convention Article 31: "…efforts shall be made to ensure that history textbooks and other educational materials provide a fair, accurate and informative portrayal of the societies and cultures of these peoples."

ILO Convention Article 33: "The governmental authority … shall ensure that agencies or other appropriate mechanisms exist to administer the programs affecting the peoples concerned, and shall ensure that they have the means necessary for the proper fulfillment of the functions assigned to them."

Draft Declaration on Indigenous Peoples (DDIP) as agreed upon by the members of the Working Group at its Eleventh Session, 1993

This draft declaration will meet demands of the Indigenous Peoples more than other instruments, if adopted. All most all the articles are relevant for the Indigenous Peoples in Nepal. The following are the more relevant articles for the Nepali Indigenous Peoples.

DDIP Article 3: "Indigenous Peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."

DDIP Article 4: "Indigenous Peoples have the right to maintain and strengthen their distinct political, economic, social and cultural characteristics, as well as their legal systems…."

DDIP Article 7: "Indigenous Peoples have the collective and individual right not to be subjected to ethnocide and cultural genocide, including prevention of and redress for..."

(b) Any action which has the aim of or effect of dispossessing them of their lands, territories or resources;

(c) Any form of assimilation or integration by other cultures or ways of life imposed on them by legislative, administrative or other measures…….."

DDIP Article 14: "Indigenous Peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons."

DDIP Article 15: "...All Indigenous Peoples...have the right to establish and control their educational systems and institutions providing their own education in their own languages, in a manner appropriate to their cultural methods of teaching and learning."

DDIP Article 17: "...States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity."

DDIP Article 19: "Indigenous Peoples have the right to participate fully ….at all levels of decision-making in matters which may affect their rights, lives and destinies……as well as to maintain and develop their own indigenous decision-making institutions."

DDIP Article 22: "Indigenous Peoples have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions, including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security."

DDIP Article 25: "Indigenous Peoples have the right to maintain and strengthen their distinctive spiritual and material relationship with the lands, territories, waters and coastal seas and other resources which they have traditionally owned or otherwise occupied or used……….."

DDIP Article 26: "Indigenous Peoples have the right t... the full recognition of their laws, traditions and customs, land-tenure systems and institutions for the development and management of resources…."

DDIP Article 27: "Indigenous Peoples have the right to the restitution of the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, occupied, used or damaged without their free and informed consent…….."

DDIP Article 31: "Indigenous Peoples, as a specific form of exercising their right to self-determination, have the right to autonomy or self government in matter relating to their internal and local affairs, including culture, religion, education, information, media, health, housing, employment, social welfare, economic activities, land and resource management, environment and entry by non-members, as well as ways and means for financing these autonomous functions."

DDIP Article 36: "Indigenous Peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors, according to their original spirit and intent, and to have States honor and respect such treaties, agreements and other constructive arrangements……"

Some other International Human Rights Instruments relevant for protecting rights of Indigenous Peoples

• Article 8J of the Rio Declaration on Environment and Sustainable Development

• Article 30 of the Convention on the Rights of the Child • Hamburg Declaration of UNESCO on Adult Education • Universal Declaration of Human Rights • International Covenant on Civil and Political Rights • International Covenant on Economic, Social and Cultural Rights • Charter of the Indigenous-Tribal Peoples of the Tropical Forests • Convention Against Discrimination in Education

Demands by the Indigenous Peoples / Nationalities Group

• Adoption of the Draft Declaration of the Indigenous Peoples Rights by the international community

• Apology by the Nepali state for past discrimination and internal colonization

• Compensation for the past discrimination by the Nepali state • Immediate halt to the current discrimination in cultural and

socioeconomic matters • Equality and Justice to all marginalized groups, and especially for

women within Indigenous Peoples • Group rights of Indigenous Peoples, based on equality and justice, should

be recognized by the state • Promotion and preservation of all cultures by the state • Equality between all native languages and all native religions • End to constitutional and legal discrimination of Indigenous Peoples and

nationalities • Autonomy for the Indigenous Peoples and nationalities • Right of self determination to the Indigenous Peoples and nationalities • Affirmative actions for women within the Indigenous Peoples should be

made

Necessary Steps to be initiated for Eliminating of Racial Discrimination Steps to be taken by the Government

• Offer apology for past discrimination, internal colonization and cultural imperialism

• Declare the Nepali state as secular or multi-religious • Ratify the ILO Convention 169 • Implement the International Human Rights Instruments ratified by Nepal

such as Minority Rights Declarations, Universal Human Rights Declaration and so on in spirit and word

• Adopt accommodative and power sharing political institutions

• Treat all native languages equally • Recognize customary practices of Indigenous Peoples • Recognize right to traditional homeland of Indigenous Peoples • Ensure equal distribution and access to state and societal resources • Promote and preserve Indigenous Peoples/ nationalities culture,

language and tradition • Establish Academy of Indigenous Peoples/ nationalities to preserve and

promote their culture • Initiate proportionate affirmative action policies for Indigenous Peoples/

nationalities • Ensure protection of minority rights constitutionally • Declare public holidays on Indigenous Peoples/ nationalities' festival • Include Indigenous Peoples and nationalities' symbols in the 'national'

symbols and heroes' lists • Transmit radio programs in native languages • Initiate education in native languages • Eliminate compulsory Sanskrit in schools • Remove restriction on registration of political parties based on ethnicity,

caste and gender • Take scientific census of different Indigenous Peoples, their languages,

traditions and culture • Include positive description of Indigenous Peoples in school texts • Initiate public policies targeted specifically at socio-economic promotion

of Indigenous Peoples • Establish a Commission on Indigenous Peoples, composed of Indigenous

Peoples • Establish a media network of Indigenous Peoples • Legislate laws for empowerment of Indigenous Peoples and implement

those that exist • Implement the directive principle of the Constitution that deals with

nationalities

Steps to be taken by Civil Society, especially National Human Rights (HR) Groups and Media

• Recognize diversity of society in letter and spirit, and not only in speeches

• Respect Indigenous Peoples' culture and practices • Support and fight for discrimination towards Indigenous Peoples and

nationalities • Initiate campaigns in eliminating stereotypes of Indigenous Peoples • Abstain and discourage use of derogative proverbs, morals, songs and

attitudes • Encourage egalitarian values in the society • Make empowerment of Indigenous Peoples a national agenda • Fight for collective/group rights of Indigenous Peoples by HR groups

• While fighting for individual civil and political rights, take account of vulnerable group members

• Fight for cultural rights of dominated cultural groups • Sensitize human rights activists and media members of Indigenous

Peoples' issues • Remove intolerance of dominant group members towards other

languages, religions and cultures • Initiate awareness programs regarding rights of Indigenous Peoples • Give proper coverage to Indigenous Peoples issues in the media, and

avoid misrepresentation

Global and UN Organization and International Human Rights Groups

• Ratify Declaration on Rights of Indigenous Peoples • Pressure the Nepali state to protect and promote Indigenous Peoples

rights • Pressure the Nepali state to stop assimilative policies • Request the Nepali state to become secular • Establish regional and national level human rights monitoring agencies

Multilateral and Bilateral Donor agencies

• Put conditionalities on foreign aid and loans: they have to reach Indigenous Peoples as well

• Stop aid and programs that do not benefit Indigenous Peoples and other marginal communities

• Provide assistance specifically targeted toward the Indigenous Peoples and other marginalized groups

• Initiate advocacy programs on behalf of the Indigenous Peoples and other marginalized groups

• Stop aid and programs that harm Indigenous Peoples and their habitats and cultures

Indigenous Peoples and Nationalities Groups

• Increase awareness, extend and expand organizations • Increase advocacy movements • Initiate alliances with other oppressed groups • Spread organizations at all levels of the society • Stop discrimination conducted by the Hinduized Indigenous Peoples such

as untouchability • Lessen intra-group differences and broaden intra-group alliances • Get rid of inferior complex and internalization of dominant values • Increase a culture of education

Reference (not complete):

• Bhattachan, Krishna B. 1997. Ethnic Situation in Nepal. Paper presented in a Consultation/Workshop on Initiative on South Asia Charter, First South Asian Consultation. Colombo: SAFHR.

• ______. 1998. Minority Rights in the Predatory Nepalese State. In Shrinking Space. Kathmandu: SAFHR

• Dastider, Mollica. 1995. Religious Minorities in Nepal. New Delhi: Nirala Publications

• Equality Now, 2000. Words and Deeds: Holding Government Accountable in the Beijin +5 Review Process. Kathmandu: Forum for Women, Law and Development.

• Gurung, Harka. 1998. Nepal: Social Demography and Expressions. Kathmandu: New Era.

• ______. 2000. Janjatika Samasya Samadhanka Upaya. Draft paper presented at a symposium organized by Janjati Vikash Samiti on July 14, 2000. Kathmandu

• Gurung, Harka, Malla K. Sunder, Krishna Bhattachan & Om Gurung. 2000. Janjati Bikasko Jukti (Ideas for Nationalities' Development). Kathmandu: Janjati Bikash Samanya Kemdra

• HMG Nepal. 1990. Constitution of the Kingdom of Nepal, The. Kathmandu: Ministry of Law and Justice, Law Books Management Board

• HMG Nepal. Not dated. National Committee for the Development of Nationalities. Lalitpur: HMG

• ______. 1997. Muluki Ain. Kathmandu: Ministry of Law and Justice, Law Books Management Board.

• Lawoti, Mahendra. 2000. Domination and Exclusion: Continued Marginalization of Minorities in Democratizing Nepal. A Nepal country report submitted to ICES, Colombo by NESAC, Kathmandu.

• Mabuhang, Bal Krishna. 1999. Minorities and Minority Protection in Nepal: Survey of Literature. Kathmandu: Nepal South Asia Center

• Nepal Janjati Sangh, 2000. Nepalma Adibasi/Janjatiharuko Adhikar Prabardhan Garne Rananiti Tayar Parne Rastriya Paramarsha Gosthi, Draft Report. Kathmandu: Nepal Janjati Mahasangh

• NESAC. 1998. Nepal Human Development Report. Kathmandu: NESAC. • Neupane, Govinda. 2000. Nepalko Jatiya Prashna: Samajik Banot ra

Sajhedariko Sambhawana, Kathmandu: Center for Development Studies • Subba, Durga, Mukti Pradhan & Thaindra Angbuhang. 2000. Nepalma

Adibasi/Janjatiko Sambhaidhanik tatha Kanuni Adhikarko Sthiti (Constitutional and Legal Rights' Condition of Indigenous/Nationalities in Nepal). Janjati: 2(1), 2057.

• Various Human Rights Covenants, Instruments, and Declarations. ________________ Notes to readers

This paper is a report on the Racial discrimination toward the indigenous peoples in Nepal: nongovernment report for the third world conference against racism (WCAR), represented at the National Conference of the NPC in Kathmandu. 2001.