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Inclusion of Indigenous Peoples’ Rights in the New Constitution of Nepal
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Adivasi Janajati is a widely accepted categorization of those culturally distinct groups whose ancestors inhabited parts of present-day Nepal before the arrival of the Hindus, centuries ago, and who have been excluded from the dominant social and religious hierarchy, and political process. The groups collectively called Adivasi Janajati are identified, both by the Government of Nepal, and by the groups themselves, as “indigenous peoples” or indigenous “nationalities” distinct from the rest of Nepal’s population. The National Foundation for Development of Indigenous Nationalities Act of Nepal (2002) describes Adivasi Janajati, that is, indigenous peoples or nationalities of Nepal, as those ethnic groups or communities that “have their own mother tongue and traditional customs, distinct cultural identity, distinct social structure and written or oral history of their own.” The Government of Nepal officially lists 59 groups as Adivasi Janajati, distributed throughout the mountains, hills and lowland regions. The United Nations Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples is of the view that the Adivasi Janajati groups are aptly considered indigenous peoples, given not just their self-identification as such, but also the history of subjugation they have suffered within the pattern of encroachment by others, along with the human rights problems related to their distinct group identities that they commonly face. 5 The Special Rapporteur concludes that Adivasi Janajati groups are indigenous peoples in a sui generic sense, with a status that is separate from that of the rest of Nepali society.

#InclusionOfIndigenousPeople #NewConstitution #Nepal
Publisher:
ILO ,   (2010 )
Type / Script:
Publication in English
Keywords:
CIVIL RIGHTS, POLITICAL RIGHTS, CONSTITUTIONAL LAW, INTERNATIONAL LAW, JURISPRUDENCE, LAW, INTERNATIONAL HUMAN RIGHTS LAW, INCLUSION, DISCRIMINATION, INDIGENOUS PEOPLES, ORGANIZATIONS, LAND RIGHTS, STATE, LOCAL GOVERMENT, PARTICIPATE IN DECISION MAKING, KEY INTERNATIONAL HUMAN RIGHTS NORMS
Thematic Group:
 ILO : International Labor & Labor
Thesaurus:
14.02.02  -  Human Rights
Reference Link:
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