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Lawyers’ Association for HumanRights of Nepalese Indigenous

Peoples (LAHURNIP)Kathmandu

Nepal

Monitoring Report onIndigenous Peoples’ Rights

and Development

FINAL REPORT

161

Monitoring Report on Indigenous Peoples’ Rights and Development

PublisherLawyers' Association for Human Rights of Nepalese Indigenous

Peoples (LAHURNIP)Anamnagar, Kathmandu, Nepal

P.O.Box: 11179Email: lahurnip.nepal@gmail.com

Website: www.lahurnip.orgContact: +977-01-5705510

© LAHURNIP, 2019

This Report has been published withfinancial support of European Union

Printed in Nepal

ISBN: 978-9937-9135-8-4

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Preface

This Monitoring Report on Indigenous Peoples’ Rights andDevelopment present the situation of implementation of UnitedNations Declaration on the Rights of Indigenous Peoples (UNDRIP)since its promulgation in 2008. In particular, this report presentsthe status of implementation of the UNDRIP in compliance withthe Sustainable Development Goals (SDGs). Nepal has party tothe UNDRIP and ILO C. No. 69. However, there are very little whilecomes to the state of implementation.

After promulgation of the 2015 Constitution in the new state structure(federalism) Nepal has been introducing various laws and policies toimplement the Constitution. The IPs of Nepal has been constantlyraising their voices regarding formulation of laws and policies incompliance with the International human rights instruments includingthe ILO C. No. 69 and the UNDRIP inter alia others.

But state seems reluctant to accommodate the issues and rights ofIPs in laws and policies with have direct affect to their livelihood, identityand way of life. This sooner or later will have reflect in social conflictwhich Nepal has not witnessed in destructive manners to date.

Thus formulation of laws and policies in accordance with theinternational human right laws and policies is inevitable to addressthe social grievances and injustices which ultimately support topeace and progress.

We hope that this report will help to the policy makers, governmentagencies and concerned institutions and organisations to assessthe situation of implementation of UNRIP, SDGCs and otherinternational norms and policies.

We would like to thank Mr. Nanda Kandangwa for conducting thisthorough study regarding the aforementioned issue. Our sincerethanks also go to AIPP and EU for supporting the endeavor.

Last but not least, thanks to all the individuals, communities andinstitutions engaged in the course of study and publication.

Shanti Kumari RaiChairpersonLAHURNIP

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Acknowledgement

First of all I would like to thank LAHURNIP for entrusting me forthis work. I had done many reviews, evaluation, report writing etc.Definitely, this was new for me in the sense that someone designedthe questionnaires and did orientation by another one, and reportwriting by next one based on the data generated during thecommunity survey. Anyway, I had accomplished this task. For this,I thank to all friends of LAHURNIP. I especially thank to Mr. DurgaMani Yamphu and Manoj Athpariya for helping me and providinginformation for this task.

Lastly, I thank to those who provided me feedbacks and comments.I especially thank to Joan of AIPP who provided comments to enrichthe report.

Sincerely,

Nanda Kandangwa

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Abbreviations

CBD Convention on Biological DiversityCEDAW Convention on the Elimination of All forms of

Discrimination Against WomenCERD International Convention on the Elimination of All

Forms of Racial DiscriminationCO2 CarbondioxideCRC Convention on the Rights of ChildEU European UnionFGD Focus Group DiscussionFM Frequency ModulationFPIC Free Prior Informed ConsentGDP Gross Domestic ProductHD Human DevelopmentHIV Human Immunodeficiency VirusHR Human RightsICCPR International Covenant on Civil and Political RightsICESCR International Covenant on Economic, Social and

Cultural RightsILO International Labor OrganizationIPO Indigenous People’s OrganizationIPs Indigenous PeoplesITPC Indigenous and Tribal Peoples ConventionLAHURNIP Lawyers' Association for Human Rights of Nepalese

Indigenous PeoplesMMR Measles, Mumps and RubellaNEFIN Nepal Federation of Indigenous NationalitiesNER Net Enrolment RateNFDN National Foundation for the Development of Indigenous

NationalitiesNGOs Non-Government OrganizationsNHRC National Human Rights CommissionNPC National Planning CommissionOHCHR Office of High Commissioners for Human RightsSDGs Sustainable Development GoalsSO Specific Objective

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TB TuberculosisTOR Terms of ReferenceTRIPs Trade Related Aspects of Intellectual Property RightsUDHR Universal Declaration on Human RightsUNDP United Nations Development ProgrammeUNDRIP United Nations Declaration on the Rights of Indigenous

PeoplesVAW Violence Against WomenWIPO World Intellectual Property OrganizationWTO World Trade Organization

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Contents

Background 1Objectives of the study 2Methodology 3Limitation 3State Commitments and Efforts 4Human Rights Instruments 4Convention on the Rights of Child (CRC) 5Convention on the Elimination of All forms ofDiscrimination Against Women (CEDAW) 5International Covenant on Civil and Political Rights 6International Covenant on Economic,Social and Cultural Rights 6Convention on Biological Diversity (CBD), 1992 7Indigenous and Tribal Peoples Convention 7United Nations Declaration on the Rights ofIndigenous Peoples 8Laws and policies of Nepal 10The Constitution of Nepal 10Land Act with 7th amendment, 2075 (2018 AD) 12Environment Protection Act with first amendment,2075 (2018 AD) 12Forest Act, 2049 (1992 AD) 13Water Resource Act, 2049 (1992 AD) 13Compulsory and Free Education Act, 2075 (2018 AD) 13Caste based Discrimination and untouchability(Offence and Punishment) Act 2075 (2018 AD) 14Social Security Act, 2075 (2017 AD) 14Nepal Civil Service Act, 2049 (1993 AD) 15National Foundation for the Development ofIndigenous Nationalities Act, 2058 (2002 AD) 15

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Indigenous peoples related Acts at Provincial andlocal level 15Policies of Nepal government 16Government’s Periodic Plan 19Policy commitment and implementation ofNepal government from 2008 onwards 25Policy commitment 25Commitments on international instruments 25Constitutional commitments 25Commitments by various Acts 27Commitments by some policy papers 28Commitments by some periodic plans 29Status of implementation 31Current status (as per community survey) 32Discrimination (IPs men and women) 33Collective rights of IPs and recognition as legal entity 36Traditional institution of IPs 41Indigenous peoples rights and state 44IPs life system and threats 45Poor and Poverty in IPs community 47Social rights of IPs 48IPs children and education 50Indigenous peoples and livelihood 51Violence against indigenous women 52SDGs plan of Nepal government and UNDRIP:Review and analysis 53SDGs plan of Nepal government and UNDRIP 53Recommendation for way forward 62Annexes 64

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Background

Indigenous Peoples (IPs) rights gained recognition in theinternational system. The adaptation of the United NationsDeclaration on the Rights of Indigenous Peoples (UNDRIP) is animportant achievement for the international IPs movement. Despiterecommitments made by the state parties at the 2014 WorldConference on Indigenous Peoples (WCIP), most UN MembersStates, the implementation of the UNDRIP in laws, policies andpractices, is slow and IPs are lagging behind on most humandevelopment indicators, such as lower educational levels, highermortality rates, and generally lacking access to land, naturalresources, energy, sanitation, information etc.

The world’s 370 million indigenous peoples continue to be over-represented among the poor, the illiterates, and the unemployed.Their health situation is below average, and they live shorter livesthan mainstream populations across the globe. The IPs constituteone third of the world’s extremely poor rural people-and 15% of thepoor, even though they only make up 5% of the world’s population.1

The IPs of Nepal shares 35% of the total population as per thereport of the population census 2011. Nepal is party to a number ofinternational human rights instruments including ILO ConventionNo. 169 and the UNDRIP. However, these are not fully reflected innational laws and policies-not even in the 2015 constitution.2

All United Nations Member States adopted the "2030 Agenda forSustainable Development" in 2015 that provided a shared blueprint forpeace and prosperity for people and the planet, now and into thefuture. At its heart there are 17 Sustainable Development Goals (SDGs),which are an urgent call for action by the all countries in a globalpartnership with a spirit of leaving no one behind, including the IPs.

1 UN Permanent Forum Web site: http://undesadspd.org/IndigenousPeoples/ThematicIssues/Economicandsocialdevelopment.aspx

2 http://www.lahurnip.org/resources.html

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Considering this context, Indigenous Navigator (IN) Initiative, amonitoring framework for the IPs rights and development, has beendeveloped by the joint effort of international organizations3 with thesupport of European Commission. The framework provides a set oftools for the IPs to systematically monitor the level of recognitionand implementation of their rights. The framework describes thatmore than one-third (1/3) of the SDGs targets are linked to theUNDRIP. The monitoring framework intends to measure theimplementation of:

- The United Nations Declaration on the Rights of IndigenousPeoples (UNDRIP)

- The Commitments made by States at the World Conferenceon Indigenous Peoples (WCIP)

- Essential elements of the Sustainable Development Goals(SDGs)

In Nepal, the Lawyers' Association for Human Rights of NepaleseIndigenous Peoples (LAHURNIP) has implemented this frameworkto monitor the rights of the IPs through lens of this monitoringframework.

Objectives of the study

1. To measure the State's commitments and efforts with regardsto implementation of IPs rights and development

2. To measure the actual results experienced by indigenouspeoples

3. To identify the gaps and provide way forward to address thedevelopment aspiration of the IPs

3 1.Asia Indigenous Peoples Pact (AIPP) 2. Danish Institute of Human Rights(DIHR) 3. Forest Peoples Programme (FPP) 4. International LabourOrganisation (ILO) and 5.Tebtebba Foundation 6. International Work Groupfor Indigenous Affairs (IWGIA)

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Methodology

The monitoring framework provides two (national and community)sets of complementary questionnaires. National questionnaireintends to look at the state's commitments and effort forimplementation of the IPs rights and development. The nationalquestionnaires were employed to capture the state perspectivethrough the desk research.

The community questionnaires capture the community perspectiveson implementation of policy commitments among seven indigenouscommunities, the aforementioned project implemented as pilotphase.4 The community data have been gathered throughcommunity meeting. Respondents of each community were trainedon the IPs rights and development prior to gathering the communitylevel data. Community leaders, local government members fromthe IPs background, school teachers, traditional leaders, healthworkers, youths, women and elders have contributed in the courseof the study providing necessary data and information. The datareceived from the communities have been uploaded on the webportal for analysis and occurred interpretation accordingly.

Limitation

This study only reflects the broad national status of recognitionand implementations of the policy commitments including theUNDRIP, Outcome document of the WCIP and essential elementsof SDGs. Since the data generated only from seven communitiesthat do not necessarily represent the diverse community of IPs inNepal, because every community is distinct and unique in termsof their identity and problems. However, the information can beused for policy making, implementation. It provides general ideafor the meaningful development of the IPs in line with Internationalstandards and SDGs

4 Shanthal, Urau, Majhi, Bote, Chhantyal, Magar and Pahari.

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State Commitments and Efforts

Human Rights InstrumentsThere are numbers of Human Rights instruments. Of them, Nepalhas ratified nearly 30 Human Rights instruments (See Annex 3).However, all the instruments are relevant to the IPs, but not all 30Human Rights instruments are equally important to the IPs. Nearly12 Human Rights instruments are more important or directly relatedto the IPs.

Those are briefly examined as follows:

International Convention on the Elimination of All Forms ofRacial Discrimination

The International Convention on the Elimination of All Forms of RacialDiscrimination (ICERD) has been ratified by Nepal on 30 Jan, 1971.The CERD has provisioned that there shall be ‘no distinction,exclusion, restriction or preference based on race, colour, descent,or national or ethnic origin …… in the political, economic, social,cultural or any other field of public life’5. Based on this provision, theIPs should not be discriminated, excluded, restricted by the state.Similarly, according to the convention, state parties have to condemnracial discrimination and have to undertake policy for elimination ofsuch discrimination. State party has to engage in no act or practiceof racial discrimination, not to sponsor, defend and support racialdiscrimination. State party has to take effective measures to reviewgovernmental, national and local policies, and to amend, rescind ornullify any discriminatory laws and regulations, to prohibit suchdiscrimination by appropriate means including legislation asrequired.6 In the same way, the convention oblige state parties tocondemn all propaganda and all organisations which are based onideas or theories of superiority of one race or group of persons of

5 International Convention on the Elimination of All Forms of RacialDiscrimination, Article 1.

6 Id, Art. 2

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one colour or ethnic origin, or which attempt to justify or promoteracial hatred and discrimination in any form.7 In essence, the wholearticles of this convention provisioned that no group, person, ethnicgroup, individual shall not be discriminated based on race, descent,colour, national or ethnic origin which has the purpose or effect ofnullifying or impairing the recognition, enjoyment or exercise, on anequal footing, of human rights and fundamental freedoms in thepolitical, economic, social, cultural or any other field of public life.

Convention on the Rights of Child (CRC)

The Convention on the Rights of Child (CRC) 1989 was ratified byNepal on 14 September 1990 that ensures lots of rights pertainingto child. Of them, some of the provisions are important for the IPswhich ensure the rights of child to be protected against all forms ofdiscrimination or punishment on the basis of the status, activities,expressed opinions, or beliefs of the child's parents, legal guardians,or family members.8 Likewise, child has right to preserve his or heridentity, including nationality, name and family relations asrecognized by law without unlawful interference9. By the Article 17of this convention, state has to encourage mass media to haveparticular regard to the linguistic needs of the child who belongs toa minority group or who is indigenous. The most important thingfor indigenous peoples is the provision of Article 30 that ensuresthe rights of child of ethnic, religious or linguistic minorities orindigenous origin to enjoy his or her own culture, to profess andpractice his or her own religion or to use his or her own language.

Convention on the Elimination of All forms of DiscriminationAgainst Women (CEDAW)

Nepal ratified the Convention on the Elimination of All forms ofDiscrimination Against Women on 22 April 1991. The conventionconsiders women as a homogenous group. Thus it considers

7 Id, Art. 4.8 Convention on the Rights of Child, Art. 2.9 Id, Art. 8.

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discrimination between women and men only. Hence, it talks aboutequality (gender equality) between men and women. It defines theterm "discrimination against women" as the ‘distinction, exclusionor restriction made on the basis of sex which has the effect orpurpose of impairing or nullifying the recognition, enjoyment orexercise by women, irrespective of their marital status, on a basisof equality of men and women, of human rights and fundamentalfreedoms in the political, economic, social, cultural, civil or anyother field’.10 In reality, women can’t be put into a single basketdue to diversity and types of discrimination they have been facing.In Nepal, indigenous women have been facing multiple forms ofdiscrimination; from mainstream women, men and state. Indigenouswomen in Nepal have been fighting for their human rights andfundamental freedom to end discrimination and injustice takingplace within the women in a basket.

International Covenant on Civil and Political Rights (ICCPR)

Nepal ratified the International Covenant on Civil and Political Rights(ICCPR) 1966 on 14 May 1991 that ensures right of self-determinationof all peoples. By virtue of that right peoples freely determine theirpolitical status and freely pursue their economic, social and culturaldevelopment.11 The state party has legal obligation to take necessarysteps and measures to adopt laws or other measures that give effectto the rights recognised in this covenant.12 These provisions of ICCPRare important for the IPs that protect their identity and enhance theirpolitical, economic, social and cultural development based on theirright to self-determination.

International Covenant on Economic, Social and CulturalRights (ICESCR)

Nepal ratified the International Covenant on Economic, Social andCultural Rights (ICESCR) 1966 on 14 May 1991 that also ensures

10 Convention on the Elimination of All forms of Discrimination AgainstWomen, Article 1.

11 International Covenant on Civil and Political Rights, Article 1.12 Id, Art. 2

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right of self-determination of all peoples. By virtue of that rightpeoples freely determine their political status and freely pursuetheir economic, social and cultural development.13 This is a covenantwhose implementation is based on progressive realisationespecially in the economic part. Most of the targets of some goalsof SDGs are tightly connected to the various articles of thiscovenant.

Convention on Biological Diversity (CBD), 1992

Nepal ratified the Convention on Biological Diversity (CBD), 1992on 23 November 1993 that ensures sustainable use of componentsof biological diversity. It protects and encourages customary useof biological resources in accordance with traditional culturalpractices that are compatible with conservation or sustainable userequirements, and also directs to support local populations todevelop and implement remedial action in degraded areas wherebiological diversity has been reduced.14

Indigenous and Tribal Peoples Convention (ITPC)

The Indigenous and Tribal Peoples Convention (ILO ConventionNo. 169) was adopted in 1989 as a review of Indigenous andTribal Peoples Convention no 107. Nepal ratified the convention on22 August 2007. Being the IPs as the distinct peoples, thisconvention ensures their rights to enjoy human rights andfundamental freedom without hindrances or discrimination15, rightto decide their own priorities for the process of development as itaffects their lives, beliefs, institutions and spiritual well-being andthe lands they occupy or otherwise use, and to exercise control,to the extent possible, over their own economic, social and culturaldevelopment.16 Similarly, this convention ensures the right of theIPs to retain their own customs and institutions, where these are

13 International Covenant on Economic, Social and Cultural Rights, Art. 1.14 Convention on Biological Diversity, Art. 10.15 Indigenous and Tribal Peoples Convention no. 169, Art. 13.16 Id, Art. 7.

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not incompatible with fundamental rights defined by the nationallegal system and with internationally recognised human rights.17

They have right (ownership and possession) over lands (also includethe concept of territories) or traditional lands18 and natural resourcespertaining to lands.19 They have right to free and informed consentin exception for the case of removal and relocation from their landswhich they occupy.20 They have right to return to their traditionallands, as soon as the grounds for relocation cease to exist.21

Besides these rights, the convention has obliged a numbers ofprocedural and action duties for the government.

United Nations Declaration on the Rights of Indigenous Peoples(UNDRIP)

The United Nations adopted the United Nations Declaration on theRights of Indigenous Peoples (UNDRIP) 2007 on 13 September2007. Out of 143 countries, Nepal was one who voted for thedeclaration in the 61st General Assembly of the UN. Beingdeclaration it is not a legally binding instrument. However, havingan international legal norms and universal human rights instrument,state has shown its commitment to implement it by casting itsvotes. The rights recognised in this declaration constitute theminimum standard for the survival, dignity and well-being of the IPsof the world. Hence, Nepal has to implement undertaking asnormative legal framework and universal human rights instrument.The declaration directs to ensure the rights of the IPs such as rightto self-determination22, collective right23, right to be free from anykind of discrimination24, right to autonomy or self-government25, rightto a nationality26, right to non-assimilation27, right to belong to a

17 Id, Art. 8.18 Id, Art.14.19 Id. Art. 15.20 Id, Art. 16.21 Id, Art. 16.22 Id, Art. 3.23 Id, Art. 1.24 Id, Art. 2.25 Id, Art. 4.26 Id, Art. 6.27 Id, Art. 8.

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nation or indigenous community28, right to practice and revitalizetheir cultural tradition and customs29, right of free prior informedconsent30, right to establish and control their educational systemand institutions providing education in their own language31, rightto dignity and diversity of their cultures, traditions, histories andaspiration32, and right to establish their own media.33

Similarly, the declaration ensures right to participate in decisionmaking in matter which would affect their rights34, right to maintainand develop their political, economic and social systems orinstitutions35, right to determine and development priorities andstrategies for exercising their right to development36, right totraditional medicines and to maintain their health practices,including the conservation of their vital medicinal plants, animalsand minerals37, right to maintain and strengthen their distinctivespiritual relationship with their traditionally owned or otherwiseoccupied and used lands, territories, …38, right to lands, territoriesand resources which they have traditionally owned, occupied orotherwise used or acquired39, right to own, use, develop and controlthe lands, territories and resources40, right to redress and restitutionin the case of their lands, territories and resources confiscated,taken, occupied, used or damaged without their free, prior andinformed consent, when just, fair and equitable compensation isnot possible41, right to the conservation and protection of theenvironment and the productive capacity of their lands or territories

28 Id, Art. 9.29 Id, Art. 11.30 Id, Art. 11.31 Id, Art. 14.32 Id, Art. 15.33 Id, Art. 16.34 Id, Art. 18.35 Id, Art. 20.36 Id, Art. 23.37 Id, Art. 24.38 Id, Art. 25.39 Id, Art. 26.40 Id, Art. 26.41 Id, Art. 28.

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and resources42, right to maintain, control, protect and developtheir cultural heritage, traditional knowledge, intellectual propertyand traditional cultural expression, …43, right to determine theirown identity or membership in accordance with their customs andtradition44, right to cross boarder contacts45, right to recognition,observance and enforcement of treaties, agreements and otherconstructive agreements concluded with state46, and right to haveaccess to financial and technical assistance from State and throughinternational cooperation.47

Laws and policies of Nepal:

The Constitution of Nepal, 2015

The Constitution of Nepal, 2015 is the main law of the country. Thepreamble of the constitution respects and accept Nepali peoplehave sovereign powers and sovereign right with right to autonomyand self-rule by maintaining Nepal’s independence, sovereignty,geographical integrity, national unity, freedom and dignity. Thepreamble provisioned of the right to autonomy and self-rule for thosepeople including the IPs who really needs. Likewise, the Constitutionalso commits to end all forms of discrimination and oppressioncreated by the feudal, autocratic, centralised and unitary system. Inthe same way, it also commits to build equitable society on thebases of proportionate inclusion and participatory principle in thecontext that Nepal is a nation having multi-ethnic, multi-religion,multi-language, multi-cultural specialty and geographical diversity.

The constitution has spelt out few rights of the IPs in line with theinternational laws but prohibits many of their rights by negating theprovisions of international laws especially ILO Convention No. 169and ICERD, and the constitution also discard the spirit of the

42 Id, Art. 29.43 Id, Art. 31.44 Id, Art. 33.45 Id, Art. 36.46 Id, Art. 37.47 Id, Art. 39.

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UNDRIP. The constitution has not specified the rights for the IPs inmost cases, but indigenous peoples can enjoy some rights ascitizen of Nepal. Hence, constitutional rights of indigenous peoplescan be categorized as specified rights and general rights that areprovisioned for all citizens.

The specified constitutional rights of the IPs (i) IPs right to participatein state organs (federal and provincial legislatures) on the basis ofinclusive principles48; (ii) Indigenous Nationalities Commission49 and(vii) Tharu Commission50 for the protection of rights and interestsof the IPs, including Tharus; (iii) IPs right to representproportionately in the house of representatives through politicalparties.51 Besides these, state policy regarding social justice andinclusion provisions/commitments to ensure the rights of indigenousnationalities to lead a dignified life with their respective identities,and make them participate in decision making processes thatconcern them, and preserve and maintain the traditional knowledge,skill, experience, culture and social practices of indigenousnationalities and local communities.52

The general constitutional rights for all citizens that can be usedimportantly by the IPs are (i) right to non-discrimination on thebasis of ethnicity, language, religion, gender, social origin, physicaldisability or region53; (ii) right to adhere, practice, and protect one’sown religion as per his/her faith and defend and run religious sitesand trusts54; (iii) right to free, compulsorily, basic education andfree education up to the secondary level and right to education inmother tongue and run educational institutions55; (iv) right to useown language and right to preserve and promote own language,

48 The Constitution of Nepal, 2015, Art. 42 and Art. 283.49 Id, Art. 261.50 Id, Art. 263.51 Id, Art. 84.52 Id, Art. 51(J).53 Id, Art. 18.54 Id, Art. 26.55 Id, Art. 31.

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script, culture, cultural civilization and heritage56, (v) Economicallyvery poor and communities on the verge of extinction have right tospecial opportunity and facilities in the areas of education, health,housing, employment, food and social security57 and so on.

There are numerous Nepali laws/Acts that are directly or indirectlyrelated to the IPs. More than 300 Acts are to be reviewed andrefined to implement the ILO Convention No. 169 and the UNDRIP.Actually, in the case of the IPs rights in line with ILO ConventionNo. 169 and the UNDRIP, a law or Act governing to all laws/Actshave to be introduced. Based on that, each and every law have tobe reviewed. Critical reviews of some of the Acts/laws are presentedbelow from the perspective of the IPs:

Land Act with 7th amendment, 2075 (2018 AD)

The land act has apparently denied to recognise the rights of theIPs over lands, territories and natural resources enshrined in theILO Convention No. 169 and the UNDRIP. There is nothing changedup to the sixth amendment. In 2018, the parliament amended theland Act 7th times that incorporated an article 52 (a) to make landavailable to Dalit as per the provision of the constitution throughmaking commission, committee or working group. All other thingsof the act remained same.

Environment Protection Act with first amendment, 2075 (2018 AD)

The Act defines ‘Environment’ as the interaction and inter-relationship among the components of natural, cultural and socialsystems, economic and human activities and their components. Ithas provisioned ‘environmental impact assessment’ is compulsorybefore carrying out development work that spoils environment. Thesuccessive Articles of the Act have not spelt out about the culturaland social system damage and effect as per the definition ofenvironment. This Act has been amended in 2018 that included

56 Id, Art. 32.57 Id, Art. 42 and Art.261.

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the word ‘local community’ with definition, consultation with provincialgovernment and concerned local level body before doing somethingrelated to environment that affect or support to environment. The Acthas defined ‘local community’ in article 10 (7) as ‘people living inand around the said area’ and the area can be given to manage bylocal community. The Act has denied to recognize indigenous peoplesas per ILO C. No 169 and the UNDRIP. Local community does notnecessarily represent indigenous peoples.

Forest Act, 2049 (1992 AD)

Forest Act has provisioned seven types of forests based on forestmanagement. Of the seven types-national forests (governmentmanaged forests), protected forest areas, community forests,leasehold forests, religious forests and private forests – all theforests are under the ownership of Nepal government except privateforests. This Act does not have provision for the IPs in line with theILO Convention No. 169 and the UNDRIP.

Water Resource Act, 2049 (1992 AD)

The Act is made in line with the concept that the ownership of landand resources (including water resource) fall under the ownershipof Nepal government. However the Article 3 of this Act states thatthe ownership of water resources within Nepal has in Nepalgoverrnment’s possession. This Act denied the rights of the IPsover natural resources (including water) as per ILO Convention No.169 and the UNDRIP.

Compulsory and Free Education Act, 2075 (2018 AD)

This Act was introduced in 2018 under the provision of the 2015constitution. This Act ensured the right of various communities toget education through their mother tongue58, and also ensured torun educational institutions through their mother tongue. But sadly,the Act provisioned that government’s responsibility for running such

58 Compulsory and Free Education Act, Art. 3.

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institutions is seen the word used as ‘could support’ means notsure of support. The word used as ‘could support’ and ‘support’ tothe national language having equal status is a serious discrimination.

Caste based Discrimination and untouchability (Offence andPunishment) Act 2075 (2018 AD)

This Act talks about caste based discrimination and untouchabilitywhose translation in Nepali language is made as ‘Jatiya Bived raChhuwachhut’. Caste based discrimination and Jatiya Bived (racialdiscrimination) are two different things. Caste is product of Hinducaste (Varna) system where as Jatiya or racial is universal term fordifferent groups of people in terms of language, culture, tradition,custom, belief and life system. The Act of 2011 has defined ‘castebased discrimination and untouchability’ as ‘any one commits orcause to commit any act on the ground of custom, tradition, religion,culture, rituals, caste, race, descent, community or occupationshall be deemed to have committed caste-based discriminationand untouchability’.59 This Act is focused on caste baseddiscrimination rather racial discrimination. The IPs do not fall underthe Caste group and they are suffering of racial discrimination notcaste based discrimination. To deal the IPs with Act by thegovernment officials is not valid and logical.

Social Security Act, 2075 (2017 AD)

This Act was promulgated in 2018. The Act has ensured the socialsecurity rights of economically poor, helpless individual, helplesssingle women, disables and children etc. It has also included thesocial security rights of endangered category of 10 IPs. This Actdeals with those people only for social security allowance. Thegovernment provides NPR 2,000 per month as social securityallowances to these 10 IPs'.

59 Caste based Discrimination and untouchability (Offence and Punishment) Act 2075 (2018 AD), Art. 4.

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Nepal Civil Service Act, 2049 (1993 AD)

This Act was promulgated in 1993 and amended third time in 2013.In the second amendment the sub-article under the Article 7 wasinserted which states ‘fulfillment of vacancy in civil service’ thatreserved 45% seats to various groups including indigenous peoples.Considering 45% as 100%, seats are divided into Women (33%),Adibasi / Janajati (indigenous nationalities)-27%, Madhesi (22%),Dalit (9%), Disables (5%) and backward area (4%).

National Foundation for the Development of IndigenousNationalities Act, 2058 (2002 AD)

National Foundation for the Development of Indigenous Nationalities(NFDIN), an autonomous institution, has been established inaccordance with the National Foundation for the Development ofIndigenous Nationalities Act, 2002. This institution is basically aprogrammatic institution and it covers social, economic, cultural,educational, traditional knowledge and skills, language and script,history and religion aspects of indigenous nationalities. This Actdoes not talk about the rights of IPs. The Act also defines indigenousnationalities in Nepal and listed 59 IPs groups.

Indigenous peoples related Acts at Provincial and local level

The constitution of Nepal has divided the power domain into federal,province and local level. The division of power domain already madecomplex for the rights of the IPs at the time of restructuring thestate that violated the constitution's Article 56 (5). The Article 56(5) states ‘special, protected and autonomous regions may becreated for socio-cultural protection or economic developmentaccording to Federal law’. This provision and the state restructuringof local level are conflicted each other. It is supposed to be madefederal law first for the implementation of article 56 (5) of theconstitution and then restructuring of state at local level. Federallaw could declare special, protected and autonomous areas/regionsfor the IPs so that they could exercise autonomy, self-rule, self-determined development including other rights.

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Despite above mentioned speculation, some of the things are underthe power domain of province and local level that could be used forenjoying the rights of the IPs in line with the ILO Convention No. 169and the UNDRIP. Of them, the most important one is ‘protection anduse of language, culture, script, fine arts and religion’ which is underthe power domain of province, and ‘preservation and development oflanguage, culture and fine arts’ under the power domain of locallevel. However, no laws have been introduced on this at provinces(Pradesh) and local levels (Municipalities and Rural Municipalities)to date. But, few municipalities have declared some languages asofficial language for the use of the concerned municipalities.

Policies of Nepal government

In Nepal government’s website, there are nearly 90 policies onvarious subjects and issues. All policies are not equally relevant tothe IPs, ILO Convention No. 169 and the UNDRIP. Of them, a fewpolicies such as climate change, forest, gender equality and socialinclusion, hydro-electric development, local infrastructuredevelopment, national Cultural, national intellectual property,national land use, and rangeland policy have been reviewed in thecourse of preparing this report.

The climate change policy, 2010 AD has 68 points policies whichstipulated goals to achieve till 2013. The policy has not beenreformed after 2010. These policies have included all things directlyand indirectly related to climate change. The IPs are affectedseverely of climate change and are more vulnerable than others interms from flood, changes in climate and production of food andfruits. A few programs and actions have been accommodated inthe climate change policies and very few indigenous peoples arebenefited from the actions.

In Nepal, it’s irony that the IPs saved and developed forests undertheir control and ownership which later nationalised by the state orbrought under the control of the state, and then redistributed toothers in the name of community forest. The forest policy, 2014AD is based on this concept. Of the forest categories – state

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controlled forests, protected forests, leasehold forests, privateforests, religious forests and community forests – there are morethan 17 thousand community forests in which people other thanthe IPs have controlled. The forest policy, 2071 BS has 7 pointspolicy that does not follow and include the aspirations of the ILOConvention No. 169 and the UNDRIP.

The land use policy, 2015 was introduced after reviewing the landuse policy, 2013. The policy has basically categorised or classifiedthe entire land of Nepal into 11 categories or zones and put forwarded15 points policies. According to this policy, there are lands ofAgricultural Zone, Residential Zone, Commercial Zone, IndustrialZone, Mines and Minerals Zone, Cultural and Archaeological Zone,River and Lake-Reservoir Zones, Forest Zones, Public Use and OpenSpace Zone, Building Materials (Stone, Sands, Concrete), ExcavationZone and Other Zones as specified as per necessity. This policydoes not follow and include the spirit of ILO Convention No. 169 andthe UNDRIP. Cultural and Archaeological land does not carry thespirit of Traditional/customary lands of indigenous peoples.

The Gender Equality and Social Inclusion Policy, 2009 has stipulatedfive objectives to make gender equality and social inclusion ofwomen, children, poor and deprived communities in various fields,and to strengthen them through enhancing their capacity. It hasfive points policy for gender equality and social inclusion such asproportionate development by implementing programs for backwardclass, communities and regions, empowering women, children,dalit, indigenous nationalities, madhesi, muslim, economical poorand backward class and so on. This policy is not refined as percurrent needs to address diversity within women and ensurerepresentation of IPs women.

Hydro-electricity Development Policy 2002 is promulgated beforeNepal has ratified the ILO Convention No. 169 and sign the UNDRIP.After 2002, the situation of the country has been changed very much.Hence, the policy does not address traditional lands and free, priorand informed consent of indigenous peoples as well as localcommunities while implementing hydro-power development projects.

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Local Infrastructure Development Policy, 2004 is yet to be reformedto contextualise in the changed context. It has five point policies.In the context of establishment of three layers of government andclear cut power domain for each level, the relevancy of policies isunder the question. Likewise, out of 90 policies listed by Nepalgovernment, majority of them are already became irrelevant andneeded to be refined.

National Cultural Policy, 2010 is a policy brought after promulgationof the interim constitution. Hence, the policy has included andincorporated the spirit of peoples’ movement of 2006. The policyhas attributed the diversity of culture in Nepal and their protectionand promotion. The policy has committed to refine the laws relatedto culture in line with the norms of the ILO Convention No. 169 andrespect of cultural diversity and to introduce new laws as the perneed of time. This policy has stressed to strengthen the structuresof the State bodies which are responsible for protecting andmanaging cultural heritage. Likewise, the policy has committed tocarry out ethnicity wise (nation wise) study and collect data of allcultures. In the same spirit, the policy paper has formulated 20points policies on culture.

National Intellectual Property Policy, 2017 was introduced afterpromulgation of the 2015 Constitution. The concept of intellectualproperty was brought in order to support for economic, social andcultural development. The policy is intended to explain and regulatethe intellectual property rights provisioned in the Article 25 of theConstitution as fundamental right. It is regarded as the refinedversion of the 1936 policy which was called ‘Patent Design andTrade Mark Law’. Over the period of 60-70 years, Nepal becamethe member of World Intellectual Property Organization (WIPO),state party of Paris Convention for the Protection of IndustrialProperty, 1883, member of World Trade Organization (WTO) andstate party to the Agreement on Trade Related Aspects of IntellectualProperty Rights (TRIPs) and state party to the Convention onBiological Diversity (CBD) 1992. The policy paid attention to allinternational legal and moral obligations.

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The Rangeland Policy, 2011 states "the policy was essential forthe scientific management and protection of rangeland, and to usefor sustainable development". This is another irony that state seizedsuch rangeland including pasture land from the control andownership of the IPs and, many of them declared as protectedareas (conservation areas and wild life reserves) and some of themhanded over to community forest user groups. The community forestusers groups and protected area authorities have control overpasture land and medicinal plants collection from rangeland. As aresult, animal husbandry went down and livelihood of the IPsincluding local people fall down in danger and forced to displacefrom the areas. This policy paper mentions three point policy thattries to protect customary use of biological resources in accordancewith traditional cultural practices in line with CBD. It has alsoprovisioned for introducing of laws in order to give responsibilityand rights of protection, conservation and use of rangeland to localcommunities. Likewise, it has committed to protect the facilitiesof traditional pasture land within rangeland and community foresttraditionally used by farmers who have been doing animal husbandry.Policy 2 states about development and expand industries basedon rangeland. Similarly, policy three provisioned to support formaintaining ecological balance by protecting and conserving thebiological diversity of rangeland and by using scientific andsustainable way.

Government’s Periodic Plan

The development plan of Nepal has taken major turns in 5th, 8th andThree Years Interim Plan 2064-66 (2007/08-2009/10). The fifthperiodic plan introduced regional development for the first time,and the eighth plan introduced strengthening of democratic rightsas well as promotion of privatisation and liberalisation. The ThreeYears Interim Plan 2007/08-2009/10 introduced inclusivedevelopment. The 14th plan included new term "highly marginalised"and "marginalised" class and communities. The term "marginalised"is also accepted by the constitution of Nepal declared. Theconstitution defined the term "marginalised" as the people whohave been forced to fall backward politically, economically and

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socially, those who have been unable to avail services because ofdiscrimination and harassment, and because of geographicaldisconnection, and those communities whose standard of livinghas been below the legal standard as specified in the HumanDevelopment Indicators.

Three Years Interim Plan 2064/65-66/67 (2007/08-2009/10):

This is taken as the 11th plan. Peace Process and inclusivedevelopment was included in the interim plan by the National PlanningCommission (NPC) in 2007. In the plan NPC planned for indigenouspeoples’ development under the heading of ‘Gender Mainstreamingand Inclusion’. The objective of the plan was to bring change in thelives of people by reducing unemployment, poverty and inequalitycontributing to sustainable peace. The objective under the section‘Human Rights’ in the plan of Social Justice and Inclusion’ was toimprove the condition of human rights of vulnerable, backwardindividual and communities as per the international commitment doneby the state, and to alleviate poverty and all kinds of social andeconomic discrimination, violence, exploitation and misbehavior.Similarly, the plan was intended to develop human right culture bycontrolling the violation of human rights.

The objective under the heading ‘Indigenous Nationalities’ in thechapter ‘Gender Mainstreaming and Inclusive Development’ of theplan was to preserve culture and economic development ofindigenous nationalities by enhancing their access in administration,social, and economic sources and means. That had made 4expected targets such as improvement in human development indexof indigenous peoples by 10%, improvement in empowerment ofindigenous peoples by 10%, proportional representation ofindigenous peoples in constitution assembly/legislative parliament,and improvement in gender development index of indigenous womenby 10%.

In order to meet the expected targets, policies and strategies wereset accordingly which seems very big step in the developmentplan of Nepal. The major strategies taken were reform of existing

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state structure, laws and policies that promote interest of indigenousnationalities, empowerment of traditional and indigenousorganisations, minimisation of poverty, physical infrastructuredevelopment in their areas, human resources development byapplying the principle of positive discrimination, and preservationand promotion of indigenous nationalities language, religion andculture. Major polices had been adopted such as tri-language policyand multi-lingual education, proportionate representation ofindigenous women, capacity enhancement of traditional institutionsof indigenous nationalities, targeted program for the endangered,highly marginalised and marginalised indigenous nationalities,access to natural resources, budget allocation at local level topromote their economy and cultural values, preparation of masterplan for the preservation and promotion of their languages, culturesand traditional etc. Various programs had been designedaccordingly. However, very little progresses were made during theperiod. The plan was good in paper but results were not satisfactory.Ratification of the Indigenous and Tribal Peoples Convention no.169, law for proportionate representation in constituent assembly/legislative parliament and budget allocation at local were majorsatisfactory achievements of the plan.

Three Years Plan 2067/68-2069/70 (2010/11-2012/13):

This is taken as the 12th plan. This plan also followed inclusive andequality based development pattern for sustainable peace in thecountry. This plan talked about ‘Culture’ as one of the sub-area.Two of the objectives under this heading were set to develop andconserve various languages, literature, music and arts accordingto inclusive policy adopted by the state and to support in thenational integrity by protecting, recognising, conserving anddeveloping different languages and dialects of indigenousnationalities continuing the national unity. Accordingly, thestrategies and polices were made to achieve the objectives.Likewise, the plan had an area of ‘Peace, Rehabilitation and InclusiveDevelopment’ under which there was a topic of ‘inclusion’. Inclusionsof various social groups were planned. Under that the developmentof ‘Indigenous Nationalities’ were accommodated. The main

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objective of the plan for ‘indigenous nationalities’ was to ensurejustifiable access of indigenous nationalities in social, economic,human and cultural rights, and in opportunities by bringing theminto the mainstream. The main strategy of the plan was tomainstream them and ensure justifiable representation. The policiesand programs were more focused on endangered, highlymarginalised and marginalised indigenous nationalities.

The 13th plan (2070/71-2072/73 BS or 2013/14-2015/16):

The main goal of the plan was to decrease poverty to 18%. This planalso continued the concept of inclusive development though it removedthe specific plan for particular group such as indigenous nationalities.It put all the groups such as Women, Dalit, Indigenous nationalities,Muslim community, Madhesi community, backward class andcommunities in one basket of inclusion and planned accordingly inoverall manners. The plan changed the structure slightly and put theinclusion under ‘Gender Equality, Inclusion and Mainstreaming’ whichwas accommodated under chapter ‘Cross-cutting DevelopmentPolicies’. The objective of inclusion was to uplift those groupseconomically, socially and culturally by protecting and preservingtheir political, economical, social, human, cultural and linguisticrights. The strategies and policies were set accordingly such asrunning of targeted program, empowerment etc.

The 14th Plan (2073/74-2075/76 BS or 2016/17-2018/19):

This plan too followed the same planning structure as of the 13th

plan. Gender equality, inclusion and mainstreaming are includedunder the chapter ‘Cross-cutting Development Policies’. The planfor endangered, highly marginalised and marginalised nationalitiesmentioned separately. The main objective was to ensure accessin means and resources, service and facilities of those communities.It has continued the strategies and policies of 13th plan.

Now, the process of 15th five years plan is already started. Conceptpaper of the 15th plan is already floated and consultation is beingdone. The National Planning Commission (NPC) is the apex

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advisory body of the Government of Nepal for formulating a nationalvision, periodic plans and policies for development. Its structureand function is influenced by the notion of centralised and unitarystate. Country is already under the federal structure and powerdomain has been shared into three layers – federal, province andlocal level. Hence, the restructuring of National PlanningCommission (NPC) has already been an issue. Though therestructuring issue is not sorted out, the NPC has floated a conceptpaper of the 15th five years plan that has followed the old planningstructure. Not only 15th plan, all the periodic plans, except 11th

plan, have not respected ILO Convention No.169 and the UNDRIP.

Fourth National Human Rights Action Plan of Nepal Government(2014/15-2018/19)

Nepal government has made fourth national human rights actionplan for 2014/15 to 2018/19. The national action plan in Nepal wasstarted from 2061/62 BS (2004/5) in order to protect and promotehuman rights based on UDHR, international treaties to which Nepalis a state party to, and the rights ensured by the existing laws ofNepal. The fourth national action plan has set a vision of inclusiverepresentation developing human rights culture in governmentservices. The plan has four objectives and five strategies. Fourobjectives are: to ensure practically the commitments of humanrights; to implement national and international responsibilities; tojoin human rights structurally and functionally with the agendas ofdevelopment and to develop the culture of human rights.

In order to fulfill those objectives, the fourth action plan envisionedthe strategies: to make and refine the existing laws related to humanrights by assessing all of them; to strengthen national human rightsinstitutions in order to protect human rights; to incorporate humanrights structurally and functionally to the periodic development planof the country; to develop human rights as culture by removing theexisting obstruction in order to respect, protect and promote thehuman rights, and to reform and strengthen the laws implementingbodies.

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With these strategies, the national action plan identified 18 themesfor the protection and promotion of human rights. Those 18 themesare:

1. Education2. Health, nutrition and population3. Labor and employment4. Culture5. Legal reform and justice administration (building laws, reform

and court)6. Environment and sustainable development7. Women, disables, senior citizens, gender and third gender8. Implementation of international responsibility of Nepal9. Food security (Food sovereignty)10. Transitional justice and conflict victim11. Human Rights education12. Inclusive development

a. Indigenous peoples/Janajati and marginalized classb. Dalitc. Backward class/regiond. Badi people

13. Children (Protection of children’s rights, development andjustice to children)

14. Housing / shelter (City development and housing)15. Social service and security (drinking water, electricity,

sanitation, drainage, use of natural resources, cooperative,poverty, sports, road use etc)

16. Implementation of supreme court verdicts and implementationof NHRC’s recommendation)

17. Custody and Jails reform18. Institutional strengthening

For the implementation of human rights national action plan, themain responsible agencies, assistance agencies, responsibleagency for monitoring, limitation and risk aspect of action plan arealso identified. The actions to be done, responsible agencies,assistance agencies, agency for monitoring, limitation,implementation time frame and risk aspect of action plan are given.

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The action plan stipulated the programs to address issues relatingthe human rights on the above mentioned 18 themes. For the case ofindigenous peoples, the plan has identified 24 problems and committedto assess all the existing laws related to indigenous peoples, and tomake new laws. Similarly, the plan has committed to approve alreadymade national action plan (national action plan for the implementationof ILO Convention No. 169) from the government, and to refine existinglaws based on the provisions of ILO c. no 169. The action plan hascommitted to implement the United Nations Declaration on the Rightsof Indigenous Peoples (UNDRIP) by making / designing programs.The action plan has made ministry-wise plan and also plan forindigenous peoples separately (see annex 4). Likewise, the plan hasmade numerous programs in each theme.

Policy commitment and implementation of Nepal governmentfrom 2008 onwards:

Policy commitmentCommitments on international instruments

Nepal has ratified several international human rights instrumentswhich are legally binding. Of them, the instruments legally and morallybinding related to indigenous peoples are International Conventionon the Elimination of All Forms of Racial Discrimination (ICERD),Indigenous and Tribal Peoples Convention no. 169, InternationalCovenant on Civil and Political Rights 1966, International Covenanton Economic, Social and Cultural Rights 1966, Convention onBiological Diversity, 1992, Convention on the Rights of Child 1989,Convention on the Elimination of All forms of Discrimination AgainstWomen 1979, United Nations Declaration on the Rights of IndigenousPeoples (UNDRIP) 2007, and UDHR. Nepal has to follow andimplement these international instruments by reflecting them in theconstitution, laws, policies and periodic plans.

Constitutional commitments

The constitution of Nepal spelt out few rights of indigenous peoplesin line with the international laws but prohibits many rights of

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indigenous peoples by negating the provisions of international lawsespecially ILO Convention No. 169 and the ICERD, and theconstitution also discarded the spirit of the UNDRIP. Though theconstitution has not specified the rights for indigenous peoples inmost cases, indigenous peoples can enjoy some rights as thecitizen of Nepal. Hence, constitutional rights of indigenous peoplescan be categorised as specified rights and general rights that areprovisioned for all citizens.

The specified constitutional rights of indigenous peoples are (i) IPsright to participate in state organs (federal and provincial legislatures)on the basis of inclusive principles (Articles 42 and 283); (ii)Indigenous Peoples Commission (Article 261) and (vii) TharuCommission (Article 263) for the protection of rights and interests ofindigenous peoples, including Tharus; (iii) IPs right to representproportionately in the house of representatives through political parties(Article 84). Besides these, state policy regarding social justiceand inclusion provisions/commits to ensure the rights of indigenousnationalities to lead a dignified life with their respective identities,and make them participate in decision making processes that concernthem, and preserve and maintain the traditional knowledge, skill,experience, culture and social practices of indigenous nationalitiesand local communities (Article 51 sub-article (J).

The general constitutional rights for all citizens that can be usedimportantly by indigenous peoples are (i) right to non-discriminationon the basis of ethnicity, language, religion, gender, social origin,physical disability or region (Article 18); (ii) right to adhere, practice,and protect one’s own religion as per his/her faith and defend andrun religious sites and trusts (Article 26); (iii) right to free, compulsory,basic education and free education up to the secondary level andright to education in mother tongue and run educational institutions(Article 31); (iv) right to use own language and right to preserve andpromote own language, script, culture, cultural civilization andheritage (Article 32). (v) Economically very poor and communitieson the verge of extinction have right to special opportunity andfacilities in the areas of education, health, housing, employment,food and social security (Article 42 and 261) and so on.

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Commitments by various Acts

In view of indigenous peoples rights, some laws/Acts such as land,environmental protection, forest, water resource, compulsory andfree education, development company, racial discriminationprohibition, NFDIN etc are important for them. The Land Act with7th amendment, 2075 (2018 AD) has no commitment on the rightsof indigenous peoples over lands, territories and resources. TheEnvironment Protection Act with first amendment, 2075 (2018 AD)has commitment to do or make to do the ‘Environmental ImpactAssessment (EIA). There is nothing commitment in this act on therights of indigenous peoples. Same intension can be found in ForestAct, 2049 (1992) and Water Resource Act, 2049 (1992 AD). Thereare national forests (government managed forests), protected forestareas, community forests, leasehold forests, religious forests andprivate forests as per the forest act. The act has committed to includeindigenous peoples in community forest users group. Compulsoryand Free Education Act, 2075 (2018) has ensured the right of variouscommunities to get education through their mother tongue (Article3), and it has also ensured to run education institutions throughtheir mother tongue. Similarly, Caste based Discrimination andUntouchability (Offence and Punishment) Act 2075 (2018) definescaste based discrimination as ‘any one commits or cause to commitany act on the ground of custom, tradition, religion, culture, rituals,caste, race, descent, community or occupation shall be deemed tohave committed caste-based discrimination and untouchability’(Article 4), and the act /law also commits to punish them whodiscriminate any one on these bases.

Likewise, Social Security Act, 2075 (2017) has ensured the socialsecurity rights of economically poor, helpless individual, helplesssingle women, disables and children etc. It has also included thesocial security rights of endangered category of 10 indigenouspeoples. This Act deals with those people only for social securityallowance. The National Foundation for the Development ofIndigenous Nationalities Act, 2058 (2002)designs programs andimplement them on social, economic, cultural, educational, traditionalknowledge and skills, language and script, history and religion

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aspects of indigenous nationalities. Sadly, no laws have been madeon this in province (Pradesh) and local level (Municipality and ruralmunicipalities) till to date except a few municipalities have declaredsome languages as official language for the concerned municipalities.The Nepal Civil Service Act, 1993 (second amendment) has ensured45% seats reserved for women, indigenous nationalities, madhesi,dalit, disables and backward area.

Similarly, Country Civil (Code) Act 2017 that makes discriminationpunishable by three years imprisonment or thirty thousand rupeesor both (Country Panel Code/Act 2017, Section160). Three to sevenyears imprisonment for the crime of keeping someone as bondedlaborer (Ibid, Section 164). Recognize customary laws relating tomarriage, particularly in relation to certain categories of incestuousrelation (Section 70.2.); Recognize communal/collective land andbuilding or other properties as communal/collective property (Section301) with ensured entitlement (Section 303.2.); Recognizedocuments prepared in languages other than Nepali language asevidence to be presented at courts (Country Civil Procedural Code,2017, Sections 273 and 274); Inhuman or humiliating treatment;hate on ethnic, religious and cultural communities as crimes(Country Penal code 2017, Section 38.m and 38.t); and interferenceon other’s social customs also a crime liable to one yearimprisonment or ten thousand rupees or both (Ibid, Section 165);Reduction in penalty on cow/ox slaughtering from 12 yearsimprisonment to maximum 3 years imprisonment (Ibid, Section289); and the court at any level should provide opportunity forreconciliation or compromise between the parties before giving anyverdict (Country Civil Procedural Act, 2017, Section 13).

Commitments by some policy papers

Nepal government has expressed its policy commitments throughperiodic plans and various policy documents. It has listed 90 policieson various subjects and issues. All policies are not equally relevantto IPs. With regard to indigenous peoples rights the convention onindigenous and tribal peoples 1987 (ILO Convention No. 169) andthe UNDRIP, climate change policy, forest policy, gender equality

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and social inclusion policy, hydro-electric development policy, localinfrastructure development policy, national Cultural Policy, nationalintellectual property policy, national land use policy, and rangelandpolicy are important. Sadly, the above mentioned policies such asclimate change policy, forest policy, hydro-electric developmentpolicy, national intellectual property policy and local infrastructuredevelopment policy has mentioned nothing on the rights ofindigenous peoples specifically.

The National Cultural Policy, 2067 (2010) has committed to reformthe laws related to culture in line with norms and respect of culturaldiversity and to introduce new laws as per needed. This policy hasstressed to strengthen the structures of the bodies which areresponsible for protecting and managing cultural heritage and tobuild new structures as per need. Likewise, the policy hascommitted to carry out ethnicity wise (nation wise) study and takedata of all cultures. The Rangeland Policy, 2068 (2011) has tried toprotect customary use of biological resources in accordance withtraditional cultural practices in line with CBD, 1992. It has alsomentioned that to make laws in order to give responsibility andrights of protection, conservation and use of rangeland to localcommunities. Likewise, it has committed to protect the facilitiesof traditional pasture land within rangeland and community foresttraditionally used by farmers who have been doing animal husbandry.

Commitments by some periodic plans.

The Fourth National Human Rights Action Plan of Nepal Government(2014/15-2018/19) accommodated programs to address issuesrelating to human rights under the above mentioned 18 themes.For the case of indigenous peoples, the plan has committed toassess all the existing laws related to indigenous peoples, and tomake new laws. Similarly, the plan has committed to approve alreadymade national action plan (national action plan for theimplementation of ILO Convention No. 169) from the government,and to review existing laws based on the provisions of ILO C. No169. The action plan has committed to implement the UnitedNations Declaration on the Rights of Indigenous Peoples (UNDRIP)

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by making /designing programs. Likewise, the plan has madenumerous programs in each theme.

Three Years Interim Plan 2064/65-66/67 (2007/08-2009/10)hadaccommodated plans for indigenous nationalities under the ‘GenderMainstreaming and Inclusive Development’ whose objective was topreserve the culture and economic development of indigenousnationalities by enhancing their access in administration, social, andeconomic sources and means. That had made four expected targetssuch as improvement in human development index of indigenouspeoples by 10%, improvement in empowerment of indigenous peoplesby 10%, proportionate representation of indigenous peoples inconstitution assembly/legislative parliament, and improvement ingender development index of indigenous women by 10%. The majorstrategies were such as reform of existing state structure, laws andpolicies that promote interest of indigenous nationalities, empowermentof traditional and indigenous organizations, minimization of poverty,physical infrastructure development in their areas, human resourcesdevelopment by applying the principle of positive discrimination, andpreservation and promotion of indigenous nationalities language,religion and culture. Major polices adopted were tri-language policyand multi-lingual education, proportionate representation of indigenouswomen, capacity enhancement of traditional institutions of indigenousnationalities, targeted program for endangered, highly marginalizedand marginalized indigenous nationalities, access to natural resources,budget allocation at local level to promote their economy and culturalvalues, making master plan for the preservation and promotion of theirlanguages, cultures and traditional written forms etc.

Three Years Plan 2067/68-2069/70 (2010/11-2012/13) planned forIndigenous Nationalities with the objective to ensure justifiableaccess of indigenous nationalities in social, economic, human andcultural rights, and in opportunities by bringing them into themainstream. The main strategy of the plan was to mainstreamthem and ensure just representation. The policies and programswere more focused on endangered, highly marginalized andmarginalized indigenous nationalities.

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The 13th plan (2070/71-2072/73 BS or 2013/14-2015/16) put Women,Dalit, Indigenous nationalities, Muslim community, Madhesicommunity, backward class and communities in one basket ofinclusion and planned accordingly in an overall manner. The objectiveof the plan was to uplift these groups economically, socially andculturally by protecting and preserving their political, economical,social, human, cultural and linguistic rights. The strategies andpolicies were set accordingly such as running of targeted program,empowerment etc. Likewise, the 14th Plan (2073/74-2075/76 BSor 2016/17-2018/19) planned to ensure access in means andresources, service and facilities.

Status of implementation:

The process of policy commitment implementation at country leveland peoples’ level is a complicated process. Implementation ofcommitments on international instruments starts from constitutionor reflection of instruments in the constitution, then laws/Acts aremade and finally implementation on the ground.

The constitution of Nepal has spelt out few rights of indigenouspeoples in line with international instruments ratified by Nepal. Theconstitution has specified some rights of IPs such as (i) IPs rightto participate in state organs (of federal and province) on the basisof inclusive principles (Articles 42 and 283);(ii) Indigenous PeoplesCommission (Article 261) and (vii) Tharu Commission (Article 263)for the protection of rights and interests of indigenous peoples,including Tharus; (iii) IPs right to represent proportionately in thehouse of representatives through political parties (Article 84).Besides these, state policy regarding social justice and inclusionprovisions / commits to ensure the rights of indigenous nationalitiesto lead a dignified life with their respective identities, and makethem participate in decision making processes that concern them,and preserve and maintain the traditional knowledge, skill,experience, culture and social practices of indigenous nationalitiesand local communities (Article 51 sub-article (J).

Talking to the implementation of international instruments, except

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a few cases, implementation is being done as per the provisions ofthe constitution. Some policies and periodic plans such as HumanRights Plan of Nepal government have reiterated to review all thelaws and refine in line with Convention on Indigenous and TribalPeoples 1987 (ILO C. No 169) and United Nations Declaration onthe Rights of Indigenous Peoples (UNDRIP) though that is nothappening since 2007 till to date. Similarly, the National ActionPlan to implement ILO c. no 169 is not approved by council ofministers (cabinet of the government).

Some of the provisions of the constitution as mentioned above arebeing implemented. The Nepal Civil Service Act, 1993 has alreadyallocated 45% seats to women, indigenous peoples, madhesi, dalit,disalbles and backward area. Considering 45% as 100%, indigenouspeoples are getting 27% seats in civil services though it is notenough on the basis of population. For constitutional provision ofarticle 84, House of Representatives Election Act 2074 (2017) isalready made which has legally obliged the state to represent 35%indigenous nationalities in the house of representatives andprovincial assemblies through proportionate representation electionsystem though it has not compelled for the seats of first past thepost election system. Likewise, indigenous nationalitiescommission act is already made but the commission is not formedtill to date. There is state policy in article 51 of the constitution.The sub-article (j) ‘social justice and inclusion’ of article 51 commitsto follow the rights of indigenous nationalities to lead a dignified lifewith their respective identities, and make them participate indecision making processes that concern them, and preserve andmaintain the traditional knowledge, skill, experience, culture andsocial practices of indigenous nationalities and local communities.The commitment is not translated into laws and implementation.

Current status (as per community survey)

The current status of indigenous peoples on the following matter isassessed based on the community survey carried out by LAHURNIPin Nepal. This survey data also indicates the implementation statusof international instruments, policy commitment and laws.

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Discrimination (IPs men and women)

In Nepal, some sections of people are historically discriminatedsince the time of so called unification. The discrimination basedon color, nationality, origin, gender, ethnicity and culture is stillcontinued in Nepal. Indigenous peoples have been continually facingdiscrimination since a long time from history to the present time.They have been facing discrimination legally and practically.Constitution of Nepal has discriminated in recognizing variousethnic-cultural human groups. For example, KhasArya people arerecognized by the constitution where other people or ethnic-culturalgroups including indigenous nationalities are recognized by acts.Constitution has made cow as national animal and, laws haveprohibited slaughtering cow, if it happens so, the slaughter ispunished. This is conflicting to the culture of some sections ofindigenous peoples. Those sections of indigenous peoples needto slaughter cow to worship their god/goddess and to celebratetheir culture. Likewise, there is discrimination in provisioning andmaking structures of various constitutional commissions. Forexample, the rights and duties of some commissions such asCommission on Investigation of Abuse of Authority, Public ServiceCommission, Election Commission, National Human RightsCommission, Natural Resource and Financial Commission,National Women’s Commission, National Dalit Commission andNational Inclusive Commission are provisioned in the constitutionwhere the rights and duties of Indigenous Nationalities Commission,Tharu Commission, Muslim Commission and Madhesi Commissionis mentioned will be as per the federal law.The attitudinaldiscrimination at practical level is highly prevalence in governmentoffices of Nepal. KhasArya people have dominance in governmentoffices having share of 83.9%. This dominance and the attitudehave created procedural harassment and discrimination to peopleof other ethnic groups in various official matters.

While talking to discrimination, indigenous women have been facingmultiple forms of-discrimination by state/government, mainstreamsociety (women and men) and indigenous men. The policy ofabsolute equality creates injustice and inequality in practice.

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Women from historically discriminated indigenous peoples can’tcompete with women from mainstream society or ruler community.The state has discriminated indigenous women by putting all womenin a basket and following the policy of absolute equality to all.Likewise, the State Policies do not accept plural form of societyand culture. The state policies related to culture talk about socialand cultural transformation to healthy and civilized culture60. Theseprovisions tend to have a mono-culture and society.

The community survey among 7 IPs of Nepal held in 2017 foundthat 60% participants responded three out of five indigenous womenface discrimination, and 40% responded three out of five indigenousmen face discrimination being identity as an indigenous person.From gender perspective, 30% respondents told that three in everyfive indigenous women experience gender discrimination, 40% toldthat three out of five indigenous women face discrimination by ageand 30% responded discrimination by income. Similarly, 20%responded that three out of five indigenous men face genderdiscrimination, 20% told discrimination by age and 50% by income.There is big discrimination in budget allocation to IPs languagedevelopment. For the fiscal year 2017/18, Nepal governmentallocated 9.9% budget (NPR 126 billion) for education. Out of thisbudget, even 1% budget is not allocated for indigenous peoples’language and education development. Another remarkablediscrimination is in culture. Nepal government has policy to giveofficial holidays to all officially working people for Hindu Dashainand Tihar festival, and also promotes and encourages other peopleto celebrate by providing Dashain festival bonus equal to one monthsalary just before starting this festival. For others’ festival, onlythe concerned personnel of concerned community get holidaywithout festival bonus. Similarly, government has allocated 16 billionrupees (in the fiscal year of 2017/18) for master plan of Pashupatiarea and wider Lumbini area master plan but nothing is allocatedfor the belief centres of indigenous peoples. At present, there is nodiscrimination to indigenous peoples in the recognition of

60 The constitution of Nepal 2015, article 51 (b) (1) and article 51 (c) (1)

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citizenship. One thing is clear that indigenous peoples – somesections – do not value the citizenship that is why 20% respondentsin the community survey told that three out of five IPs value orrecognize citizenship where 40% respondents told that three outof five women value or recognize citizenship.

In the past, some section of Indigenous peoples could not havegot voting rights in the election due to citizenship problem. Therewas a great discrimination to them in taking citizenship becausestate laws had various criteria for providing citizenship that couldnot be fulfilled by individual of indigenous community. During thecommunity survey, 40% respondents told that three out of five IPshave the possibility to vote in the election of national and localgovernment. This shows that there is still problem in voting rightsfor indigenous peoples. Talking to the representation rights of IPs,three kinds of issues: aggregated approach, segregated approachand political party approach (representation of IPs by political partiesin the name of IPs) – that discriminate them in their truerepresentation. During the community survey, 50% participantstold that they have representation /seats in the national parliamentand 100% respondents said they have representation in localgovernment bodies. Only 40% participants told that they haverepresentation in national parliament, and 60% told yes in localgovernment bodies. This shows that all IPs have no seats andrepresentation that needs segregated approach for representationand not from political parties.

Cross-border contact for the same indigenous people is not anissue in Nepal. There is no restriction and discrimination for cross-border contact. Hence, 100% community survey respondents toldthat there is no restriction in cross-border contact.

Talking to the access to media of indigenous peoples, there ispartiality and discrimination in delivering thoughts, ideas and newsof indigenous peoples by national level mainstream media. Thosemedia always support and deliver to the thought, ideas and newsof mainstream /dominant society and stand against of indigenouspeoples. This has happened because the people from mainstream

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society have domination, capture and control over the media of allkinds including state control media. A very few media that can becounted one or two are operated by the individuals from indigenouscommunity. Those media (FMs, TV and print media) have beenfacing problems created by state policies and procedures. This isalso reflected in the community survey, 90-100% participantsresponded that indigenous peoples have no access to any televisionand radio broadcasting, news paper or magazines and internetaccess. The participants (70% respondents) also told that there isa little access of indigenous peoples in indigenous media. Withregard to access to media especially state owned media inindigenous language, 100% respondents of community survey told‘no accesses’. Similarly, 80% respondents told that there is nointernet access for indigenous communities at home in rural areas.

Collective rights of IPs and recognition as legal entity

Being indigenous peoples/distinct peoples they have collectiverights including individual rights. Collective right is the fundamentalnecessities of indigenous community that protect and contributeto protecting their common language, common culture, commonlife and belief system. Hence, the rights over traditional/customarylands (lands, territories and natural resources), autonomy, self-rule, right to self-determination, national identity, self-determineddevelopment, practices of customary laws and collective life patternare collective rights of indigenous peoples.

Collective rights of indigenous peoples and recognizing them aslegal entity is very crucial for indigenous peoples. Nepal and Nepalgovernment has already accepted and committed to this collectiveright of indigenous peoples by ratifying the convention on indigenousand tribal peoples 1987 (ILO Convention No. 169) in 2007 andcommitted to implement UNDRIP by voting in favor of thedeclaration. The implementation of this right in Nepal is very slow,and in some cases, state and state government of Nepal has violatedthe provisions of the convention and declaration by makingconflicting provisions in the constitution and laws. Because of thisreason, perhaps, during the community survey, 90% participants

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and respondents told that the state has not recognized indigenouspeoples as distinct people with collective rights. Only 10%participants told ‘yes’. Nepal state has recognized 59 indigenouspeoples as per the national foundation for the development ofindigenous nationalities act, 2002 that regulates NFDIN, anautonomous institution on programmatic sector.

The aggregate understanding of rights over lands, territories andresources is traditional/customary lands of indigenous peoples. Inanother words, this is called ‘ancestral domain’ (That Thalo inNepali). Traditional or customary lands of indigenous peoples isthe lands to which a particular indigenous peoples (communityand individuals) is connected spiritually, culturally, socially,economically, ecologically, psychologically and ontologically (lifesystem). In Nepal, the traditional lands are already destroyed bythe state legally, politically and socially. At present, nearly allindigenous peoples are connected to their traditional lands onlyspiritually, culturally and psychologically. Indigenous peoples claima particular area and region as their traditional land but theperception about the characteristics of the traditional lands inconnection to particular indigenous peoples, at present, have beenchanged. The perception of traditional lands to the members andindividuals of many indigenous communities remained connectedspiritually, culturally and psychologically at practical ground.

There is perplexed situation with regard to the rights of indigenouspeoples over lands, territories and resources. Nepal governmenthas already accepted and committed to the rights of indigenouspeoples over lands, territories and resources as per ILO ConventionNo. 169 and the UNDRIP. The problem and issue is that governmenthas not made national laws and policies in accordance with theacceptance, obligation and commitments committed by thegovernment. At practical level, these sorts of rights are notimplemented in the country where indigenous peoples have beenliving there. Hence the IPs community members think that theserights of IPs are not recognized by the government. The reflectionof such thinking can be seen in the community survey where 80%participants told that government has not recognized the rights of

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indigenous peoples to lands, territories and resources. With regardto rights over lands, territories and resources, certain IPs communityhas treaty with the state on autonomy and traditional lands thoughthe state denied to continue the treaty after several decades offollow and implementation. During the community survey, only 20%participants told that they (IPs community) have bindingagreements in recognition of their collective right to lands andterritories, and 80% participants told no agreements.

The collective rights of indigenous peoples existed in the past isnow shifted to individual rights due to the aggressive effort of thethen rulers. At the present scenario, each and every indigenouscommunity’s individual/family deserves individual right to land andindividual gets land ownership certificate. However, the data is notavailable on how many indigenous individuals /families have privateland. Similarly, data is not available on how many indigenous womenhave land registered in their names and how many indigenouscouples have land in their joint names.

All the above scenarios lead to conflict for land. The Limbuindigenous peoples are raising autonomous state as per the treatyheld in 1774 between Limbu leaders and the then central ruler, theking. All the indigenous peoples have been claiming autonomousareas to their ancestral domain. Not only the indigenouscommunities but also the whole state has experienced conflictsrelated to land and natural resources especially collective right vsindividual right. This is also reflected in the community survey where100% participants and respondents told that their communitieshave experienced conflicts related to land and resources. Theseconflicts are gradually moving towards claiming over naturalresources and saying no use and encroachment without free priorinformed consent of concerned indigenous communities. Suchclaiming is being done in extractive industries, infrastructure, energyrelated projects, establishment of parks and protected areas, illegallogging and other kinds of illegal activities etc. The communitysurvey also reflects these facts in which 30% participants told thatconflict is growing between state and indigenous communities onextractive industries. Similarly, 60% participants told that conflict

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is being happened in infrastructure development, 10% told aboutconflict on energy related projects, 30% told about conflict onestablishment of parks and protected areas, 20% told about conflicton illegal logging and other illegal activities, The participants alsotold about the conflict on large scale commercial land, settlersand disputes within or among indigenous communities.

Despite the claims of indigenous peoples, land grabbing, land useand resource extraction is continually being done without the free,prior and informed consent of concerned indigenous communities.Previously, government grabbed the lands of indigenous peoplesand declared protected and conservation areas. At present too,the protected and conservation areas are being expanded to theterritories which indigenous peoples have been using for differentpurposes. Lands belonging to indigenous peoples are still beingencroached by state government for the purpose of military campsand military activities. This has resulted displacement of IPs andviolation of rights to land, territories and resources of indigenouspeoples in the one hand, and threatened wild species found in theterritories. In most, cases including land encroachment of Newarindigenous peoples in the name of road expansion within Kathmanduvalley, the judiciaries have not sanctioned the perpetrators. Duringthe community survey, 70% participants told that their communityis experiencing incidents of settlement, land grabbing, land useand resource extraction since 2008 without free, prior and informedconsent of their communities. Similarly, 50% participants told thattheir communities have experienced displacement and relocatedwithout their FPIC, and 90% told their community did not receiveadequate redress, restitution and compensation. Likewise, 100%participants of the community survey told that judicial system hasnot sanctioned the perpetrators who have violated the rights of IPsto lands, territories and resources. Among them, 10% think thatthe violation of IPs rights to lands, territories and resources hasalso threatened wild species found in the territories. Among them,30% told that state had declared some part of their communities’territory as protected areas without their FPIC. Activities likestorage or disposal of hazardous materials, military and paramilitaryactivities have been done in the IPs territories without their free

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prior informed consent. During the community survey, 10 %participants told yes for the storage or disposal of hazardousmaterials, 60% told yes about military activities on lands and 30%told yes about paramilitary activities in their territories without theirFPIC. With regard to refugees or internally displaced due to conflictand violence, 20% participants told yes their community membersare internally displaced.

The constitution of Nepal has described Nepal as a secular countryhaving religious and cultural freedom (article 4). Freedom of religionand culture does not mean encroachment and interference overany religion and culture by any means. Indigenous peoples havestrong belief system rather than religion. Defining or makinginclusion to their traditional beliefs and belief system to anyparticular religion is the violation of freedom of religion. Their beliefsystem itself directs to defining their religion means they themselvesdefine their religion what religion they belong to. Indigenous peoplesdo not worship statue and they do not build religion centre such astemple, church, masque, monastery, gurudwara etc. They beliefnature, forefathers or ancestors and omnipresent god and goddess,and they worship ancestors, mountain, hills, rivers, water, forest,certain place of forest /area of their territory, home etc related gods.Such holy and worshiping places of indigenous peoples have alreadybeen Hinduized by Hindu people by changing the name and placingstatue of Hindu god as well as iron tridents around there. Thisprocess of Hinduization is still going on in the territories of indigenouspeoples. This is a serious obstruction and violation of religiousfreedom of indigenous peoples.

In the community survey, 100% participants said that there is norestriction on cultural, religious and spiritual tradition, customs andceremonies belonging to indigenous peoples. Similarly, 100%participants said that there is no cultural, religious and spiritualtradition, customs and ceremonies conflicting with internationallyrecognized human rights. Likewise, 20% participants said that IPscommunity has experienced to a limited and to some extentrestriction in their free and privileged access to their religious and

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cultural sites. In the same way, 30% participants of the communitysurvey said yes and 70% said no on the matter that communityhas experienced other have taken or used community’s culturalheritage, traditional knowledge and traditional cultural expressionwithout their permission.

Traditional institution of IPs

In the past, the traditional institution of indigenous communitieswas a form of self-government (self-rule) and there were practicesof autonomy. The head and some of the function structure werechosen by the community with a consociational method. That formof self-government or self-rule gradually changed due to externalinfluence and state’s policy imposition. Traditional institutions ofindigenous peoples have been destroyed in the process of buildingmodern state though there are traditional institutions still existed,at present too, in some indigenous peoples of Nepal. The traditionalinstitutions which are still existed now have been changed theirroles and responsibilities due to the influence of colonizing peopleand modern state’s rules and regulation. They are also on theverge of extinction. Bhalmansa/Matawa/Budghar of western TharuIPs, Majhihadam of Santhal IPs, Ghampa system of Thakali IPs,Guthi system of Newar IPs, Mukhiya system of Raute IPs are thetraditional institution of indigenous peoples still existed andfunctional within their communities. The Veja of Magar, Pantumyangof Limbu etc are already almost dead or not functional today’scontext.

In the past, these traditional institutions used to govern as rulingsystem. All the issues of lands, territories and resources,judiciaries, cultural practices, social issues such as customarylaw operation, traditional knowledge and medicines, economicactivities etc were decided and governed by the traditionalinstitution. At present too, these institutions are doing some of thethings but not all. Government has not recognized these traditionalinstitutions of indigenous peoples legally and practically.

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This is also reflected in the community survey. During the survey,20% participants said that indigenous communities have, at present,no traditional institution and authorities, 40% said "yes" but to alimited extent, 20% said "yes to some extent" and 20% said "yes"there are traditional institutions and authorities fully functioning.With regard to the formation of institution in the indigenouscommunity, 20% participants told that there is no freely choseninstitution and authorities or validated by concerned IPs community.In contrast to this, 60% participants told that the traditionalinstitution of IPs are still existed and freely chosen by thecommunity, where 10% participants told that it is chosen bycommunity to a limited and considerable extent. With regard tothe recognition of traditional institution of IPs, only 10% participantssaid yes they are officially recognized, and 90% participants saidno/not at all. Likewise, 60% participants told that "no" indigenousinstitution and authorities make their own development plan where30% said yes to a limited extent and 10% said yes to some extent.Indigenous traditional institutions and authorities do not haveregistration in any body of the government. In modern state system,fund and budget supports can be given or allocated to the registeredinstitution in government body. Hence, indigenous traditionalinstitutions and authorities do not get public funds for their worksand plans. At present, these institutions and authorities do notmanage any development programs such as health, education,drinking water, sanitation etc. These institutions and authoritiesused to look after customary law and practices, cultural practicesand disputes settle down within the community.

With regard to these things, community survey shows some mixedtypes of data. For example, 80% participants said that theseinstitutions and authorities do not receive public funds for theirdevelopment plan, and 20% said that they receive to a limitedextent. Similarly, 50% participants said that these institutions andauthorities do not manage issues relating to lands, territories andresources, where 40% said "yes to a limited extent" and 10% said"yes to some extent". Likewise, 90% participants said that theseinstitutions and authorities do not manage health program where10% said "yes to a limited extent". Nearly the same type of response

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is in the case of education program management, 70% said no /not at all and 30% said "yes to a limited extent".

At present, indigenous traditional institutions are becomingsomewhat weaker due to the non-recognition by state and variouslevel structures of the state. The members of the indigenouscommunity started to give priority to state’s local level structurerather than traditional institution and authorities for any matterconcerned them. Community survey also reflects on it. Forexample, 20% participants of the survey said that traditionalinstitutions and authorities can’t freely determine "who are" and"who are not" the members of the community where 80% said"yes they can". Similarly, mixed expression is observed about thehandling of customary law by traditional institution and authoritiesin the community survey. For example, 30% participants of thesurvey said that the traditional institutions and authorities "do not"handle the disputes happened within the IPs community, where30% and 40% said "yes to a limited" and "to some extent"respectively. With regard to disputes with other IPs community,60% said that the traditional institution and authorities "do not"handle, and 20% said "yes" handle to a limited extent. Similarly,60% said that do not handle the disputes with other non-indigenouscommunity, and with other non-community members. Likewise,30% participants of the survey said that the traditional institutionsand authorities "do not" handle domestic violence, 20% said "yes"handle to a limited extent and 50% said "yes" to some extent.

Traditional institutions and authorities of indigenous peoples havebeen very effective in some indigenous peoples for mobilizing peopleof the community. Government has not recognized theseinstitutions and authorities but various level of governmentsespecially local level governments have taken policy of ‘to use'without recognizing them. Being traditional institution a non-registered in the government, none of the different level governmentshave supported funds, and funds for awareness and capacity buildingof traditional institutions and authorities on international humanrights standard. Consequently, government has not made theirparticipation of traditional institution and authorities in the impact

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assessment of various projects that affect their lands, territoriesand resources. A very few non-government organization hassupported for this work. During the community survey, 100%participants said that no recognition and support from government,and no participation made by the central and local level governmentson impact assessment of the projects.

Indigenous peoples rights and state

In Nepal, it is felt that there is a rivalry relationship betweenindigenous peoples and government. Federal government isungracious to indigenous peoples. Provincial and local levelgovernments are to see on how they move ahead. Since 2012onwards, it has been very wonderful and unfortunate that governmentmakes policies and programs relating to indigenous peoples butdo not implement in real sense. The six years period from 2006 to2012 was favorable time for indigenous peoples within which statemade interim constitution, state ratified the international conventionon indigenous and tribal peoples, 1987 (ILO Convention No. 169),voted for the UNDRIP and started inclusive development plan inthe country. Since 2010 onwards, it was the time to speed up theimplementation of ILO Convention No. 169, the UNDRIP and thepolicies and plan directed by 11th periodic plan. Unfortunately, theimplementation of ILO Convention No. 169, the UNDRIP and someof the policies of the government is not happening.

In short, consultation with IPs on the matters that affect them, freeprior and informed consent, identification and recognition of IPstraditional /customary lands (right to lands, territories andresources), customary law and practices, participation in the impactassessment of the project /actions, participation in decision makingon the matter related to them (that affects them), collective rights(autonomy, self-rule / self-government, right to self-determination,self-determined development, traditional institutions’ existence andfunction), right to compensation and no displacement etc in linewith ILO Convention No. 169 and the UNDRIP are not implementedat all levels for which three levels (federal, provincial and local)governments are responsible.

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Because of the reluctance of governments in implementation,indigenous peoples themselves are gradually implementing theabove mentioned rights of indigenous peoples at ground level inline with ILO Convention No. 169 and the UNDRIP includinginternational human rights instruments related to IPs. Hence, conflictbetween state and indigenous peoples happening in either form.The community survey also reflects on it.

According to the community survey, indigenous and localcommunity members have been facing arrest, torture, physicalinjuries and suppression over the assemblies while defending therights of community. During the community survey, 50% and 20%participants said that IPs community members have been arrestedand tortured respectively by government administration whiledefending the rights of community. Similarly, 80% participants saidthat there is no killing, no death threat and no enforceddisappearance and kidnapping where 20% participants did notaccept that there is no killing, death threat, no enforceddisappearance and kidnapping of IPs community member whiledefending the rights of community. 60% participants said that thesuppression over peaceful assemblies of IPs community isfrequently happening. Likewise, with regard to adequate consultationwith IPs community by local and central government institutionbefore the approval of projects undertaken or on other measuresthat affect IPs community, 100% participants told that noconsultation by central government and 100% told no consultationby local governments, and no FPIC with IPs community as well.

IPs life system and threats

Life system of indigenous peoples is connected to lands, territoriesand natural resources in which they have been living since timeimmemorial. Because of their life system, ecology, ecosystemand environment are also maintained as it was. In their life system,they have certain beliefs and practices. They have belief not todestroy forest without appeasing forest gods (nature), if it is donewithout appeasing god, natural disaster and calamities will takeplace and people will victim of the results. They have belief not to

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do anything in water fountain without appeasing water god (nature),and not to eat something produced on the ground without offeringgod first. If it is done against of it, epidemic and unwanted accidentswill happen. They go hunting wild animals, fishing and gatheringwild grains, medicinal plants and wild vegetables after appeasingland god and wild god. They are not allowed to do in the forest andlands as they like. If it is not followed, they believe that they will bepunished. Their culture and knowledge have been developedaccordingly. They protect animal pasture land for domestic animals.They need certain types of plants and leaves at the time ofpregnancy, birth naming celebration and worshiping their godaftermath. They have systematized the human dead body burialplace in their territories. As time passed, all those things havebeen changing, and indigenous peoples have been facing variousproblems due to changed context.

They have developed some knowledge and technologies (traditional/indigenous knowledge and technologies) that are needed andassociated in their life system and connected to their culture andpractices as a part of life system. Of the knowledge andtechnologies, yeast (Marcha) making and alcohol makingknowledge and technologies are very important in their life cycle.These things are compulsory at the time of worshiping their ancestorand gods. They honor their guests by alcohol and need alcohol inevery function and rituals whether that is wedding ceremony orfuneral function. This has been a culture of indigenous peoples.For this, they cultivate millets, corn, paddy etc as main farmingproducts. Before entering into market economy, the food habit wasof local version not of market version. Those local version fooditems are losing its importance day by day, and market made fooditems is taking its place. These things are also reflected in thecommunity survey.

With regard to food habits and importance in the indigenouscommunity, 40% participants of the survey said that the food itemsnot produced 20 years ago has negligible importance and 40%said that has considerable importance in the community. Similarly,with regard to importance of food items not produced today, 50%

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participants said that the food items not produced today hasconsiderable importance in the community, where 10% said"negligible importance". With regards to food insecurity over thepast 12 months, 20% participants said that they worried aboutthey would not have enough food to eat because of lack of moneyor other resources, 20% said often face food insecurity, 20% saidalways. Likewise, 20% participants said that community is unableto eat healthy and nutritious food because of lack of money orother resources, where 20% said sometimes and 20% said often.The community survey shows that indigenous peoples can’t eatvariety of food due to lack of money and other resources. Theyoften skip meal, eat food less than they need and live in hunger.During the community survey, 20% survey participants said thatIPs community eats a few kinds of food due to the lack of moneyand other resources. Similarly, 50% respondents said that IPscommunities often skip their meal due to the same reason, and20% always. Likewise, 20% and 10% participants said that theIPs communities eat less than they need quite often and alwaysrespectively. In the same way, 10% participants said that IPscommunities live without eating whole day.

Poor and Poverty in IPs community

The understanding of poverty is different from institution to institution,from individual to individual. In the context of Nepal, Nepali stateunderstands poverty as a result of low income or it analyses povertybased on consumption. It does not understand poverty as aconsequence of denial and violation of human rights. So, the povertyline is drawn according to composite index based on life expectancy,knowledge (education) and standard of living. The basis for this ispeople earn less than $ 1 per person per day. Based on thisunderstanding of poverty, 33% of Tarai (plain land) IPs and 30% ofmarginalize hill IPs are living below national poverty line (as perthe NLSS of 2010/11). Likewise, poor IPs is also understood bylow income. The issues of poor and poverty in IPs community arealso taken in the community survey. In the survey, poor and povertyin IPs men and women had been separately taken.

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During the community survey, 60% respondents said that five ormore than five men out of 10, and 40% respondents said that fourout of 10 women consider poor in the IPs community. With regardto the characteristics of poor for IPs men, 100% respondents saidthat who is landlessness, 90% said that who has limited accessto traditional land and resources, 80% said who has low monetaryincome, 80% said that who is illiterate, 100% said who has noeducation and employment, 80% said the who has irregular orunder employment, 90% said that who has food shortage, 50%said that who has facing malnutrition, and 80% said the who hashealth problem. For the case of IPs women, respondents say samecharacteristics of poor but percentage is a little bit difference.

It is not important who is poor and who are in poverty. It is importanthow a community as a whole, individual and family become poorand enter into the net of poverty. There are numerous factors thatpush a community, individual and family into the net of poverty andbecome poor. Income is only one factor for determining poor andpoverty. If we do not stop providing raw materials to the factory thatproduces poor and poverty, poor and poverty never eradicate andeliminate from the society, country and from the world. Deprivation,violation and denial of rights of community, individual and familyare important factors that need to address in order to decreasepoor and eradicate and eliminate poverty. Indigenous peoples ofNepal have been trapped and continually trapping into the net ofpoverty due to the violation and denial of their rights.

Social rights of IPs

Economic, social and cultural rights ensured by ICESCR are therights of progressive realization. However, these rights are madelegal obligation to state party by other international instruments. Forindigenous peoples, many of the economic, social and cultural rightsare reiterated in Convention on Indigenous and Tribal Peoples, 1987(ILO Convention No. 169) and UNDRIP. Article 8 of the Conventionon Indigenous and Tribal Peoples, 1987 (ILO Convention No. 169)has obligation to state to respect and regard customary law ofindigenous peoples. Similarly, Article 20 talks about employment to

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indigenous peoples. Likewise, Article 20, 24 and 25 include socialsecurity and health of indigenous peoples. Article 21, 22 and 23provision handicraft, rural and community-base industries, andsubsistence economy and traditional activities such as hunting,fishing, trapping and gathering as economic rights and developmentof indigenous peoples. In the same way, Article 26 to 31 talks aboutthe rights of indigenous peoples to education and media /communication. Hence, broadly social rights of indigenous peoplespossess social protection, protection of their social values and norms,social relationship, health and sanitation, access in school education,IPs language and education in IPs language, traditional occupation,traditional healing practices, employment etc

Nepal government has some policies and programs for endangeredindigenous peoples in social sectors. Law for education throughIPs mother tongues is already made. The community survey hasalso covered to see the current status of social rights of indigenouspeoples in Nepal.

Social protection program (old age pension, social health protection,unemployment benefit, benefit during maternity leave etc) in theIPs community has covered one out of five as said by communitysurvey participant; however there are other views too. According tosurvey, only 20% IPs community use safe drinking water thoughthis is different from place to place and one IPs to another. Withregard to using safely managed sanitation services, IPs communityuse only 20% (one out of five) safely managed sanitation servicesas per the community survey participants. This also varies fromplace to place and one IPs to another. 90% community surveyparticipants said that local government has no policy and procedurefor participating IPs in water and sanitation management. Accessof electricity in IPs community varies from place to place, from oneIPs to another. The survey shows that 20% to 60% IPs communityhave access of electricity. The survey shows that IPs communitieshave nominal access (nearly zero) of internet for various purposesincluding teaching (pedagogical).

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Talking to health issues in IPs community, health care and facilitiesare being shifted from traditional health services to modern healthservices. The importance of traditional healing practices andtraditional medicines is diminishing and the importance of moderntechnological heath services is increasing in IPs community. Withregard to importance of traditional healing practices and medicinesover the last 20 years, during the community survey, 100%participants said that the importance of traditional health service isdiminished. Similarly, with regards to reasons behind diminishingthe traditional health services, 50% respondents said that there islack of communities’ trust over traditional health services, 60%respondents said that the traditional knowledge or medicines havebeen lost, and 20% respondents said that there is prohibition oftraditional practices and medicines. However, there is no goodaccess or quality of public health care for indigenous communitiesas said by 70% survey respondents.

IPs children and education

Indigenous peoples’ children are living in ironic situation thatdevelops a confused personality. They are living in transitional periodwhere they learn a value and norm at home and different values andnorms in school or education institution because the educationsystem and education institutions are still under the domination ofnon-indigenous society. They speak one language at home and learnthings at different language in schools. That is why; the school andclass drop-out rate of indigenous children is high. Despite thesefacts, birth registration, school enrolment, education in higher gradesand care for immunization of IPs community children is improvingcomparing last decades. Community survey also reflects on it.

With regard to birth registration with civil authority by indigenouscommunity, 40% respondents said that three out of five under 5age children are registered with civil authority. Similarly, 20% to40% respondents of the survey said that 5% to 35% children ofIPs community under five years of age suffer from stunting. Likewise,as per the survey respondents, 20-60% children of IPs communityparticipate in organized learning (pre-school) one year before they

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enter primary school. The status and road map for sustainabledevelopment goals 2016-2030 of Nepal government says that netenrolment rate of children in primary education reached to 96.6%in 2015, and literacy rate of population of age 15-24 years reachedto 88.6% in 2015. It can’t be found ethnicity wise segregated dataon education, children enrolment, and dropout rates at various levelof education from primary to tertiary level. The community survey2017 shows that at least 60% IPs girls (2 out of 5) and 80% boyscomplete of primary education though primary education facilitiesare moderately accessible. Similarly, at least 20% girls and 40%boys complete of secondary education. The enrolment of IPschildren (girls and boys) in tertiary level is very low that is maximum20% girls and 40% boys. With regard to education in IPs language,100% survey participants said no. So, the literacy in IPs languageis nearly zero. As per the survey participants, the culture, traditionand histories of IPs are not included in text book and curriculum.

Indigenous peoples and livelihood

The livelihood measures of indigenous peoples in Nepal have beenshifting from traditional form to modern form though exact datacan’t be found on how many IPs have been depending on traditionaloccupation and traditional livelihood pattern. Many indigenouscommunities are still depending on traditional occupation such aspastoralist occupation, hunting/gathering, shifting cultivation, fishingetc though these traditional occupation and life pattern have beendecreased due to various reasons. Indigenous communities ofhighland engage in pastoralist occupation throughout the year. Avery few indigenous communities in mid hills and lower hills doshifting cultivation despite the restriction from government forestadministration. Hunting wild animals and gathering wild fruits andvegetables by indigenous communities is common in all places.These kinds of livelihood pattern of indigenous communities havebeen decreased due to the restriction of government’s administrationfor forest, national parks, protected area and conservation area.Likewise, fishing is still a livelihood measure of indigenouscommunities like Bote, Majhi and IPs living on river banks. Becauseof the control over traditional occupation by government

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administration in either ways, IPs have been displaced from theirtraditional lands, and migrated to other places for education,employment and better life. The community survey also givesimportant information on this matter.

During the community survey, 40% respondents said that IPscommunities can’t perform traditional occupation such aspastoralist, hunting and gathering, shifting cultivation, fishing etcwithout restriction. Majority of the respondents of survey said thatIPs men and women (4 out of 5 or 80%) are not in education andemployment, and a very few less than 20% (one out of five) areemployed in formal sectors. With regard to IPs migration fromtraditional land, community survey participants said that at least20% IPs have been permanently out migrated in search for betterlives, and 20-40% IPs (men and women) migrates seasonally fromtraditional land to other places for short term in search of work.With regard to victims of forced labor, 80% respondents said thatboth men and women IPs become victims of force labor as per thecommunity survey participants. Similarly, both men and womenIPs have been victims of trafficking as said by 30-50% participantsof community survey. Likewise, a small number of children of 5-17age of IPs community become victims of child labor.

Violence against indigenous women

Violence against indigenous women occurs as a result ofdiscrimination and inequality within family, society and in the state’sfunction. The understanding of violence against women is beingvague in the later days. Generally, sexual violence and domesticviolence against women is taken as serious violence. Thecommunity survey found that 10% participants responded that fivein every ten indigenous women face physical or sexual violence byintimate partners, and 10% responded that three in every tenindigenous women face sexual violence by the communitymembers. 10% response was sexual violence by non-communitymembers. Domestic violence against women in indigenouscommunity is moderate not so serious.

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SDGs plan of Nepal government and UNDRIP: Review andanalysis

SDGs plan of Nepal government and UNDRIP

National Planning Commission has already made ‘SustainableDevelopment Goals, Status and Road Map: 2016-2030’ as a planof Nepal government. The main slogan of SDGs is ‘leaving no onebehind’.

Nepal government has made ‘Sustainable Development Goals,Status and Road Map: 2016-2030 with a comprehensive picture.The plan has explained common issues and ways of addressingthem. But that has not explained specific issues of particularcommunity while addressing the 17 goals. It has not talked aboutthe protection and realization of neither indigenous peoples’ rightsnor it has talked to address the gaps on socio-economic conditionof indigenous peoples.

Nepal government has made ‘Sustainable Development Goals,Status and Road Map: 2016-2030 with a comprehensive picture.The plan has explained common issues and ways of addressingthem. But that has not explained specific issues of particularcommunity while addressing the 17 goals. It has not talked aboutthe protection and realization of neither indigenous peoples’ rightsnor it has talked to address the gaps on socio-economic conditionof indigenous peoples. The 17 sustainable development goals arenot directly related or not specific to the rights of indigenous peoples.However, out of 169 targets, nearly one-third targets link with UNDRIPin some ways. General issues cover to all kinds of people. Forexample, under SDG 1, Nepal has planned to reduce extremepoverty to 5% and MPI to 7% by 2030. In order to eradicate povertyof all people everywhere, government has to address the specificissues of indigenous peoples that have obstructed their povertyeradication. This is not outlined in the SDGs plan of the government.Though 17 sustainable goals do not focus on the specific rights ofindigenous peoples but these goals and plans touch indigenouspeoples in either way. Perhaps, Nepal government’s five years plan

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includes the plan of SDGs that provides policies, plans andprograms to meet the targets which is being made now by NationalPlanning Commission (NPC) as 15th five years plan. Indigenouspeoples of Nepal in the initiation of National Foundation for theDevelopment of Indigenous Nationalities (NFDIN) and LAHURNIPhave approached NPC for 15th five years plan in detail from thesides of indigenous peoples.

SDG 1: End poverty in all its forms everywhere

Nepal has planned to reduce extreme poverty to 5% and MPI to7% by 2030. For this purpose, the plan has targeted the socialprotection expenditure to reach 15% of the federal budget in 2030.The plan has not mentioned the segregated effort for povertyreduction.

SDG 2: End hunger, achieve food security and improvednutrition and promote sustainable agriculture

Under SDG 2, Nepal has planned to reduce the prevalence andundernourishment of children less than 5 years age from 36% to3% by 2030 and underweight children to 9%. Likewise, it is plannedto reduce anemia among women of reproductive age and childrenfrom 53% to 10% by 2030. This is only possible in indigenouscommunities when their traditional life pattern on land, territoriesand resources are recognized and improved.

SDG 3: Ensure healthy lives and promote well-being for allat all ages

Similarly, under SDG 3, Nepal government has planned to reduceMMR from 258 per 100,000 to 70 per 100,000, prevalence of deathof new born and children to less than 1%, and less than 5 yearschild mortality rate from 23-38 to 12-20 per thousand birth by2030. It is planned to increase budget 5% to 7% in order to eliminatethe prevalence of HIV, TB, malaria and other tropical diseases. It isalso planned to increase modern method (CPR) to 60%, increasebirths attended by skilled health persons to 90% and institutional

55

delivery to 90%. Most of these things depend on belief system of aparticular society. Indigenous peoples use traditional medicines tomaintain their health practices. The plan of government under SDG3 is possible only when their traditional treatment cum modernmethod and medicines are strengthened.

SDG 4: Ensure inclusive and equitable quality education andpromote lifelong learning opportunities for all

Likewise, under SDG 4, Nepal government has planned to increasenet enrolment rate (NER) from 96.6% to 99.5% and 99% grossenrolment in secondary education, and 95% students enrolled ingrade one reached to grade eight by 2030. It is also planned toprovide relevant skills to 75% youth and adults, and 98% youthand adults achieve literacy by 2030. Indigenous peoples beingdistinct people having different language, culture and belief, theabove mentioned SDG’s plan will get success when children andyouth get education through their mother tongue and rights ofindigenous peoples be recognized and implemented throughoutthe country.

SDG 5: Achieve gender equality and empower all womenand girls

SDG 5 is related to gender equality and empowerment of womenand girls. Nepal government has planned to eliminate wagediscrimination for similar work, eliminate physical/sexual violence,to eliminate all harmful practices, to increase seats for women to40% in the national parliament, to reduce gender equality indexfrom 0.49 to 0.05 and increase women in public service from 11%to 33% by 2030. The reality of Nepal is that there is discriminationamong women where women are put into a basket. Indigenouswomen are facing discrimination – from male, from state and formmainstream women. For successful SDGs plan, government hasto plan to address the diversity within women in each above planwhich is not found in the plan.

56

SDG 6: Ensure availability and sustainable management ofwater and sanitation for all

Under SDG 6, government has proposed specific targets for theyear 2030 include basic water supply coverage to 99 percent ofhouseholds and piped water supply and improved sanitation to atleast 90 and 95 percent of households, respectively. Other targetsinclude the enabling of 98 percent of the population to have accessto sanitary latrines.

SDG 7: Ensure access to affordable, reliable, sustainable andmodern energy for all

Nepal government has proposed specific targets for SDG 7 includeaccessibility of 99 percent households to electricity; reduction to30 percent - from nearly 75 percent now - the households whoresort to firewood for cooking; limiting the use of LPG to less than40 percent of the households; generation of 15,000 MW of installedcapacity; and per capita electricity consumption increased to 500kWh. To meet the target, hydro-electricity project are to be builtwhere indigenous peoples have been living. Government has torespect and recognize the rights of indigenous peoples over land,territories, resources, free prior informed consent etc in order toavoid conflict and to meet the target of SDG.

SDG 8: Promote sustained, inclusive and sustainableeconomic growth, full and productive employment anddecent work for all

Under SDG 8, the target for 2030 is to achieve per capita GDPgrowth of at least seven percent. The other targets are to reducematerial intensity in manufacturing to 60 percent; lowerunderemployment to less than 10 percent; and to eliminate theworst forms of child labor. Alongside, the target is also to increaseannual number of jobs in the tourism industry tenfold and to increasethe direct contribution of tourism to GDP four-fold. Moreover, thetarget for access to finance is set at 36 commercial bank branchesper 100,000 people by 2030, doubling the current rate of prevalence;

57

80 percent of households are targeted to have access to communityfinancial institutions such as cooperatives within 30 minutes ofwalking distance. All these things and issues are intertwined oneanother. GDP growth, employment etc can’t be thought in isolation.If the target of energy production is not met that hampers all othertargets of SDGs.

SDG 9: Build resilient infrastructure, promote inclusive andsustainable industrialization and foster innovation

Under SDG 9, the 2030 target is to increase road density to 1.3km/sq. km and paved road density to 0.25 km/sq. km. The industrialsector (manufacturing, water and electricity, and construction)suffers from low investment and lack of competitiveness, particularlyin manufacturing. Thus the share of industry in total output remainsat just 15 percent and this sector employs less than 7 percent ofthe labor force. The target for 2030 is to increase the share ofindustry to 25 percent to promote labor intensive activities andraise employment in manufacturing to 13 percent of totalemployment.

SDG 10: Reduce inequality within and among countries

Similarly, the proposed specific targets for SDG 10 are set toreducing consumption inequality (index) from 0.33 in 2015 to 0.16in 2030 and reducing income inequality from 0.46 to 0.23. ThePalma ratio is targeted to improve from 1.3 to 1 in the same period.The targets also include increasing the share of the bottom 40percent of the population to total income from 12 percent to 18percent, and increasing the ratio of nominal wage index to consumerprice index from 2.94 to 3 in the same period to protect workersfrom deteriorating real wages.

SDG 11: Make cities and human settlements inclusive, safe,resilient and sustainable

Under SDG 11, the 2030 target is to construct at least 60 newsatellite cities. The catastrophic earthquake of 2015 damaged

58

756,000 houses (499,000 fully), 6,063 health facilities and 1,711other structures. Two thousand nine hundred cultural and religiousheritages at least a century old were either destroyed or damaged.For those affected by earthquake, construction of safe housing ongovernment subsidies has begun. The target is to complete thereconstruction by 2020. The 2030 target is to reduce the number ofhouseholds residing with more than five persons to 20 percent from47 per cent in 2015. The target is to make at least 50 percent of thehighways safe by global standards. The proposed specific targetsfor 2030 include doubling the proportion of households living in safehouses to 60 percent; substantially reducing air pollution, preventingthe deaths and injuries due to disaster, repairing and reconstructing,by 2020, all cultural heritages destroyed by earthquake, andincreasing the budget allocation to the protection of cultural heritagefrom about 1.15 percent in 2015 to 2 percent by 2030.

SDG 12: Ensure sustainable consumption and productionpatterns

Under SDG 12the target for land to be available for cereal productionis set at 75 percent of all cultivated land. Currently, consumption ofwood per capita is 0.11 m3 per year, and this is proposed to becontained within 0.05 m3 per year. Use of plastic per capita whichwas 2.7 gram per day in 2015 is proposed to be close to nil.Similarly, the post-harvest loss of food is targeted to reduce from15 percent in 2015 to less than 1 percent by 2030. The otherproposed specific targets for SDG12 include limiting water use to20 percent of water resources, limiting fossil fuel consumption to15 percent of energy consumption, and reducing liquid and solidindustrial waste and eliminating of fossil fuel subsidy.

SDG 13: Take urgent action to combat climate change andits impacts

Under SDG 13 the proposed specific targets for SDG 13 includehalving the existing CO2 emission level. Climate change adaptationplan is proposed for at least 120 Village Municipalities by 2030. Inthe meantime, climate smart villages are proposed to increase

59

from zero to 170 and climate smart farming to 500 units from zeroat present.

SDG 14: Conserve and sustainably use the oceans, seas andmarine resources for sustainable development

Almost all schools will be covered by climate change education.SDG 14 is mentioned as not relevant to Nepal.

SDG 15: Protect, restore and promote sustainable use ofterrestrial ecosystems, sustainably manage forests, combatdesertification, and halt and reverse land degradation andhalt biodiversity loss

Under SDG 15 the 2030 target is to maintain the share of protectedarea at 23.3 of the total land area, increase forest under communitymanagement from 39 percent to 42 percent of the forest area, haltforest loss and degradation, increase mountain ecosystem coveredby the protected area to 70 percent in 2030, and undertake additionalplantation of 5000 hectares each year.

SDG 16: Promote peaceful and inclusive societies forsustainable development, provide access to justice for alland build effective, accountable and inclusive

Under SDG 16 the proposed specific targets for SDG 16 includeending death from violent conflict, violence against women, andviolence against children, and to improve transparency andaccountability scores on globally benchmarked indices. The targetsalso include eliminating marriage before the age of 18 years, andto have universal birth registration.

SDG 17: Strengthen the means of implementation andrevitalize the global partnership for sustainable development

Under SDG 17 the targets for revenue collection for 2030 are set at30 percent of GDP. Domestic government expenditure financed byinternal revenue is targeted to reach 80 percent in 2030. The target

60

appears modest because a scaled-up public investment drive toredress critical infrastructure gaps will require large amounts ofexternal resources, in addition to strong revenue collection. To meetthe private sector investment financing gap, foreign direct investment(inward stock) needs to multiply at least five-fold from present levels.

Gaps in National Policy Commitment and Implementation Gaps

Gaps can be found in three layers. The top layer is commitment ofstate in international instruments and reflection of it in nationallaws such as constitution. The second layer is laid in betweenconstitution and policies, acts, rules and regulation. It should beobserved that how polices, acts, rules and regulations are made inline with the spirit / provisions of constitution. The third layer is laidbetween laws and implementation at ground in practical level. Herethe major gaps have been analyzed.

Gap 1: One of the serious gaps is found non-alignment of nationallaws with international law (CERD, ICCPR, ICESCR and ILOConvention No. 169 and morally obliged the UNDRIP for the caseof indigenous peoples). The constitution of Nepal has not fullyincorporated the spirit and provisions of CERD, ICCPR, ICESCRand ILO Convention No. 169 and morally obliged theUNDRIP towhich Nepal is a state party. Autonomy, self-government, right toself-determination and self-determined development are the rightsof indigenous peoples ensured by these international instruments.Additionally, rights of IPs to lands, territories and resources, rightsof customary law, non-discrimination, democracy and fundamentalfreedom, social, economic and cultural rights, free prior informedconsent on their matter, right to participate in decision making onthe matter related to them etc are the rights of IPs ensured bythese international instruments. All most all these rights are notspelt out in our constitution and laws.

Gap 2: The constitutional provisions stipulated in various articlesare not translated into policies, acts, rules and regulations such as

61

(i) IPs right to participate in state organs (of federal and provinces)on the basis of inclusive principles (Articles 42 and 283). Inclusiveprinciple is understood as just to represent nominally as the rulerlike or ruler’s jurisdiction though their population is half of thepopulation of the country. This is not a fair understanding. Inclusiveword itself automatically gives meaning of representation basedon the population. This needs to be understood as representationbased on population while making acts, rules and regulations(laws) related to participation in state organs.

(II) Right to adhere, practice, and protect one’s own religion asper his / her faith and defend and run religious sites and trusts(Article 26). This spirit of the constitution should be fullyrespected while making acts, rules and regulation. Some of theindigenous peoples worship their ancestral god by killing cowand bull. This is strictly prohibited by Criminal (code) Act, 2017(article 289). The Criminal (code) Act, article 289 prohibits notonly killing of cow and bull, that prohibits to hitting cow andbull, if this is done so, there is a provisions of punishment.

(III) Right to free, compulsory, basic education and free educationup to the secondary level and right to education in mother tongueand run educational institutions (Article 31). This spirit of theconstitution is not fully respected while making acts, rules andregulation. Indigenous peoples have right to education in theirmother tongue and run educational institutions. The Compulsoryand Free Education Act, 2075 (2018) has violated theconstitutional provision of right to non-discrimination on the basisof ethnicity, language, religion, gender, social origin, physicaldisability or region (Article 18). The Compulsory and FreeEducation Act, 2075 (2018) has mentioned ‘could do’ or couldprovide / manage education in IPs mother tongue where the acthas mentioned ‘do provide’ or do manage education in Khas-Nepali language. The use of could do or could provide does notmean compulsory where the word do provide or do managemeans compulsory.

62

(IV) Right to use own language and right to preserve and promoteown language, script, culture, cultural civilization and heritage(Article 32). This spirit of the constitution is not respectedappropriately while making acts, rules and regulations relatedto language, script, culture, cultural civilization and heritage.Government is occupying, encroaching and grabbing suchcultural civilization and heritage in the name of road expansionand military camp settlement. This is a serious violation of article32 of the constitution.

Gap 3: Many provisions of the constitution and acts related toindigenous peoples that have less important are being implementedat ground in practical level. The Fourth National Human RightsAction Plan of Nepal Government (2014/15-2018/19) has plannedto review all the laws in line with ILO Convention No. 169 and theUNDRIP, to make approve National Action Plan from cabinet forthe implementation of ILO Convention No. 169 and to make newlaws. But these things are not implemented till to date. IndigenousNationalities Commission act is already made but the commissionis not formed yet,

In short, all these things (implementation of international instrumentsespecially ILO Convention No. 169 and the UNDIP, policy commentsdone by the government, and implementation of laws related toindigenous peoples) including SDGs for IPs can be monitored bymaking a monitoring framework matrix (see Annex 5).

Recommendation for way forward

The major gaps identified between international law and nationallaws, constitution and acts, rules and regulations, laws andimplementation should be considered to take for further actions.

Recommendation 1: Effort to making respect to the internationalinstruments related to IPs rights by the constitution of Nepal throughthe process of amendment.

63

Recommendation 2: Assessing of existing laws of Nepal relatedto indigenous peoples, and making effort for refining and makingnew laws in line with ILO Convention No. 169 and the UNDRIPincluding all international instruments. There is a need of motherlaw on the rights of indigenous peoples so that can guide to alllaws and plan related to various sectors.

Recommendation 3: Empowering and awareness raising toindigenous communities is still a need so that IPs could understandtheir rights, power and enhance capacity so that they couldimplement ILO Convention No. 169 and the UNDRIP in theirinitiation.

Recommendation 4: Working in collaboration with localgovernments in the context that local government’ has certain powerdomain, roles, responsibility and budget and program planning.

64

An

nex

esA

nnex

1: L

inka

ges

betw

een

SD

G ta

rget

s an

d U

ND

RIP

SD

G t

arg

etU

ND

RIP

art

icle

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r pol

itica

l, ec

onom

ic a

nd s

ocia

l sys

tem

s or

inst

itutio

ns, t

o be

sec

ure

in th

e en

joym

ent o

f the

ir ow

nm

eans

of s

ubsi

sten

ce a

nd d

evel

opm

ent,

and

to e

ngag

efr

eely

in a

ll th

eir t

radi

tiona

l and

oth

er e

cono

mic

act

iviti

es.

20.2

Ind

igen

ous

peop

les

depr

ived

of

thei

r m

eans

of

subs

iste

nce

and

deve

lopm

ents

are

ent

itled

to ju

st a

ndfa

ir re

dres

s.

1.1

By

2030

, era

dica

te e

xtre

me

pove

rty

for

all p

eopl

e ev

eryw

here

, cur

rent

ly m

easu

red

as p

eopl

e liv

ing

on le

ss th

an $

1.25

a d

ay.

Indi

cato

rs1.

1.1

1.2

By

2030

, re

duce

at

leas

t by

hal

f th

epr

opor

tion

of m

en, w

omen

and

chi

ldre

n of

all

ages

livi

ng in

pov

erty

in a

ll th

e di

men

sion

sac

cord

ing

to n

atio

nal d

efin

ition

.

Indi

cato

rs1.

2.1

1.2.

2

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r pol

itica

l, ec

onom

ic a

nd s

ocia

l sys

tem

s or

inst

itutio

ns, t

o be

sec

ure

in th

e en

joym

ent o

f the

ir ow

nm

eans

of s

ubsi

sten

ce a

nd d

evel

opm

ent,

and

to e

ngag

efr

eely

in a

ll th

eir t

radi

tiona

l and

oth

er e

cono

mic

act

iviti

es.

20.2

Ind

igen

ous

peop

les

depr

ived

of

thei

r m

eans

of

subs

iste

nce

and

deve

lopm

ent

are

entit

led

to ju

st a

ndfa

ir re

dres

s.

65

1.3

Impl

emen

t na

tiona

lly a

ppro

pria

ted

soci

alp

rote

ctio

n s

yste

ms

an

d m

ea

sure

s fo

r a

ll,in

clu

din

g f

loo

rs,

an

d b

y 2

03

0 a

chie

vesu

bst

an

tial

cove

rag

e o

f th

e p

oo

r a

nd

th

evu

lner

able

.

Indi

cato

rs

1.3.

1

20.1

Ind

igen

ous

peop

les

have

the

rig

ht t

o m

aint

ain

an

d d

eve

lop

th

eir

po

litic

al,

eco

no

mic

an

d s

oci

al

syst

ems

or in

stitu

tions

, to

be s

ecur

e in

the

enjo

ymen

tof

thei

r ow

n m

eans

of s

ubsi

sten

ce a

nd d

evel

opm

ent,

and

to e

ngag

e fr

eely

in a

ll th

eir

trad

ition

al a

nd o

ther

econ

omic

act

iviti

es.

1.4

By

2030

, ens

ure

that

all

men

and

wom

en,

in p

artic

ular

the

poor

and

the

vuln

erab

le, h

ave

equa

l rig

hts

to e

cono

mic

reso

urce

s, a

s w

ell a

sac

cess

to b

asic

ser

vice

s, o

wne

rshi

p an

d co

ntro

lo

ver

lan

d a

nd

oth

er

form

s o

f p

rop

ert

y,in

herit

ance

, nat

ural

reso

urce

s, a

ppro

pria

te n

ewte

chno

logy

and

fin

anci

al s

ervi

ces,

inc

ludi

ngm

icro

finan

ce.

14.2

Indi

geno

us in

divi

dual

s, p

artic

ular

ly c

hild

ren,

hav

eth

e rig

ht t

o al

l lev

els

and

form

s of

edu

catio

n of

the

stat

e w

ithou

t dis

crim

inat

ion.

21

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, inc

ludi

ng ,

inte

r alia

, in

the

area

sof

edu

catio

n, e

mpl

oym

ent,

voca

tiona

l tr

aini

ng a

ndre

tra

inin

g,

ho

usi

ng

, sa

nita

tion

, h

ea

lth a

nd

so

cia

lse

curi

ty.

21.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s an

d, w

here

appr

opria

te, s

peci

al m

easu

res

to e

nsur

e co

ntin

uing

66

impr

ovem

ent o

f the

ir ec

onom

ic a

nd s

ocia

l con

ditio

ns.

Par

ticul

ar a

ttent

ion

shal

l be

pai

d to

the

rig

hts

and

spec

ial n

eeds

of

indi

geno

us e

lder

s, w

omen

, yo

uth,

child

ren

and

pers

ons

with

dis

abili

ties.

24.2

Indi

geno

us in

divi

dual

s ha

ve a

n eq

ual r

ight

to th

eem

ploy

men

t of

the

hig

hest

atta

inab

le s

tand

ard

ofph

ysic

al a

nd m

enta

l he

alth

. S

tate

s sh

all

take

the

nece

ssar

y st

eps

with

a v

iew

to a

chie

ving

pro

gres

sive

lyth

e fu

ll re

aliz

atio

n of

this

righ

t.

26.1

Indi

geno

us p

eopl

es h

ave

Indi

geno

us p

eopl

es h

ave

the

right

to th

e la

nds,

terr

itorie

s an

dres

ourc

es w

hich

they

hav

e tr

aditi

onal

ly o

wne

d, o

ccup

ied

or o

ther

wis

e

used

or a

cqui

red.

39. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

hav

e ac

cess

to fi

nanc

ial a

nd te

chni

cal a

ssis

tanc

e fr

om S

tate

s an

dth

roug

h in

tern

atio

nal c

oope

ratio

n, fo

r the

enj

oym

ent

of th

e rig

hts

cont

aine

d in

this

Dec

lara

tion.

67

1.a

Ens

ure

sign

ifica

nt m

obili

zatio

n of

reso

urce

sfr

om a

var

iety

of

sour

ces,

incl

udin

g th

roug

hem

brac

ed d

evel

opm

ent c

oope

ratio

n, in

ord

erto

pro

vide

ade

quat

e an

d pr

edic

tabl

e m

eans

for

deve

lopi

ng c

ount

ries

, in

par

ticul

ar a

t le

ast

deve

lope

d co

untr

ies,

to im

plem

ent p

rogr

ams

and

polic

ies

to e

nd p

over

ty in

all

its d

imen

sion

s.

Indi

cato

rs

1.a.

11.a

.2

39. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

hav

e ac

cess

to fi

nanc

ial a

nd te

chni

cal a

ssis

tanc

e fr

om S

tate

s an

dth

roug

h in

tern

atio

nal c

oope

ratio

n, fo

r the

enj

oym

ent o

fth

e rig

hts

cont

aine

d in

this

Dec

lara

tion.

39. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

hav

e ac

cess

to fi

nanc

ial a

nd te

chni

cal a

ssis

tanc

e fr

om S

tate

s an

dth

roug

h in

tern

atio

nal c

oope

ratio

n, fo

r the

enj

oym

ent

of th

e rig

hts

cont

aine

d in

this

Dec

lara

tion.

1.b

Cre

ate

soun

d po

licy

fram

ewor

ks a

t th

ena

tiona

l, re

gion

al a

nd in

tern

atio

nal l

evel

s, b

ased

on p

ro-p

oor a

nd g

ende

r sen

sitiv

e de

velo

pmen

tst

rate

gies

, to

supp

ort a

ccel

erat

ed in

vest

men

tin

pov

erty

era

dica

tion

actio

ns.

Indi

cato

rs

2.1.

1

68

2.4

By

20

30

, e

nsu

re s

ust

ain

ab

le f

oo

dpr

oduc

tion

syst

ems

and

impl

emen

t re

silie

ntag

ricul

ture

pra

ctic

es th

at in

crea

se p

rodu

ctiv

itya

nd

p

rod

uct

ion

, th

at

he

lp

ma

inta

ine

cosy

ste

ms,

th

at

stre

ng

the

n c

ap

aci

ty f

or

ad

ap

tati

on

to

clim

ate

ch

an

ge

, e

xtre

me

wea

ther

, dro

ught

, flo

odin

g an

d ot

her d

isas

ters

and

that

pro

gres

sive

ly im

prov

e la

nd a

nd s

oil

qual

ity.

31.1

Ind

igen

ous

peop

les

have

the

rig

ht t

o m

aint

ain,

cont

rol,

prot

ect

and

deve

lop

thei

r cu

ltura

l he

ritag

e,tr

ad

itio

na

l kn

ow

led

ge

an

d t

rad

itio

na

l cu

ltu

ral

expr

essi

ons,

as

wel

l as

the

man

ifest

atio

ns o

f th

eir

scie

nces

, tec

hnol

ogie

s an

d cu

lture

s, in

clud

ing

hum

anan

d ge

netic

reso

urce

s, s

eeds

, med

icin

es, k

now

ledg

eof

the

pro

pert

ies

of f

auna

and

flo

ra,

oral

tra

ditio

ns,

liter

atur

es, d

esig

ns, s

port

s an

d tr

aditi

onal

gam

es a

ndvi

sual

and

per

form

ing

arts

. The

y al

so h

ave

the

right

tom

aint

ain,

con

trol

, pro

tect

and

dev

elop

thei

r int

elle

ctua

lp

rop

ert

y o

ver

such

cu

ltu

ral

he

rita

ge

, tr

ad

itio

na

lkn

owle

dge,

and

trad

ition

al c

ultu

ral e

xpre

ssio

ns.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

ndth

e pr

oduc

tive

capa

city

of t

heir

land

s or

terr

itorie

s an

dre

sou

rce

s. S

tate

s sh

all

est

ab

lish

an

d i

mp

lem

en

tas

sist

ance

pro

gram

mes

for

indi

geno

us p

eopl

es f

orsu

ch

con

serv

ati

on

a

nd

p

rote

ctio

n,

wit

ho

ut

disc

rimin

atio

n.

2.5

By

2020

, mai

ntai

n th

e ge

netic

div

ersi

ty o

fse

ed

s, c

ult

iva

ted

pla

nts

an

d f

arm

ed

an

ddo

mes

ticat

ed a

nim

als

and

thei

r re

late

d w

ildsp

ecie

s, in

clud

ing

thro

ugh

soun

dly

man

aged

and

dive

rsifi

ed s

eed

and

plan

t ba

nks

at t

hena

tiona

l, re

gion

al a

nd in

tern

atio

nal l

evel

s, a

ndp

rom

ote

acc

ess

to

an

d f

air

an

d e

qu

itab

lesh

arin

g of

ben

efits

aris

ing

from

the

utili

zatio

n of

gene

tic r

esou

rces

and

ass

ocia

ted

trad

ition

alkn

owle

dge,

as

inte

rnat

iona

lly a

gree

d

69

3.1

By

20

30

, re

du

ce t

he

glo

ba

l m

ate

rna

lm

Olta

lity

ratio

to le

ss th

an 7

0 pe

r 100

,000

live

birt

hs

Indi

cato

rs

3.1.

1

3.1.

2

7.1

Indi

geno

us i

ndiv

idua

ls h

ave

the

righ

ts t

o lif

e,ph

ysic

al a

nd m

enta

l int

egrit

y, li

bert

y an

d se

curit

y of

pers

on.

24

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

irtr

aditi

onal

med

icin

es a

nd t

o m

aint

ain

thei

r he

alth

prac

tices

, in

clud

ing

the

cons

erva

tion

of t

heir

vita

lm

edic

inal

pla

nts,

ani

mal

s an

d m

iner

als.

Indi

geno

usin

divi

dual

s al

so h

ave

the

right

to a

cces

s, w

ithou

t any

disc

rimin

atio

n, to

all s

ocia

l and

hea

lth s

ervi

ces.

24.2

Indi

geno

us in

divi

dual

s ha

ve a

n eq

ual r

ight

to th

ee

njo

yme

nt

of

the

hig

he

st a

tta

ina

ble

sta

nd

ard

of

phys

ical

and

men

tal

heal

th.

Sta

tes

shal

l ta

ke t

hene

cess

ary

step

s w

ith a

vie

w to

ach

ievi

ng p

rogr

essi

vely

the

full

real

izat

ion

of th

is ri

ght.

3.2

By

20

30

, e

nd

pre

ven

tab

le d

ea

ths

of

new

bol1

1s a

nd c

hild

ren

unde

r 5 y

ears

of a

ge,

with

all

coun

trie

s ai

min

g to

red

uce

neon

atal

mor

talit

y to

at l

east

as

low

as

12 p

er 1

,000

live

7.1

Indi

geno

us i

ndiv

idua

ls h

ave

the

righ

ts t

o lif

e,ph

ysic

al a

nd m

enta

l int

egrit

y, li

bert

y an

d se

curit

y of

pers

on.

70

birt

hs a

nd u

nder

-5 m

orta

lity

to a

t lea

st a

s lo

was

25

per 1

,000

live

birt

hs

Indi

cato

rs

3.2.

1

3.2.

2

24

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

irtr

aditi

onal

med

icin

es a

nd t

o m

aint

ain

thei

r he

alth

prac

tices

, in

clud

ing

the

cons

erva

tion

of t

heir

vita

lm

edic

inal

pla

nts,

ani

mal

s an

d m

iner

als.

Indi

geno

usin

divi

dual

s al

so h

ave

the

right

to a

cces

s, w

ithou

t any

disc

rimin

atio

n, to

all s

ocia

l and

hea

lth s

ervi

ces.

24.2

Indi

geno

us in

divi

dual

s ha

ve a

n eq

ual r

ight

to th

ee

njo

yme

nt

of

the

hig

he

st a

tta

ina

ble

sta

nd

ard

of

phys

ical

and

men

tal

heal

th.

Sta

tes

shal

l ta

ke t

hene

cess

ary

step

s w

ith a

vie

w to

ach

ievi

ng p

rogr

essi

vely

the

full

real

izat

ion

of th

is ri

ght.

3.9

By

2030

, sub

stan

tially

red

uce

the

num

ber

of

de

ath

s a

nd

illn

ess

es

fl:o

m h

aza

rdo

us

chem

ical

s an

d ai

r, w

ater

and

soi

l pol

lutio

n an

dco

ntam

inat

ion

Indi

cato

rs

3.9.

1

7.1

Indi

geno

us i

ndiv

idua

ls h

ave

the

righ

ts t

o lif

e,ph

ysic

al a

nd m

enta

l int

egrit

y, li

bert

y an

d se

curit

y of

pers

on.

29.2

. S

tate

s sh

all t

ake

effe

ctiv

e m

easu

res

to e

nsur

eth

at n

o st

orag

e or

dis

posa

l of h

azar

dous

mat

eria

ls s

hall

take

pla

ce i

n th

e la

nds

or t

errit

orie

s of

ind

igen

ous

peop

les

with

out t

heir

free

, prio

r and

info

rmed

con

sent

.

71

29.3

. S

tate

s sh

all

also

tak

e ef

fect

ive

mea

sure

s to

ensu

re, a

s ne

eded

, tha

t pro

gram

mes

for m

onito

ring,

mai

ntai

ning

and

res

torin

g th

e he

alth

of

indi

geno

usp

eo

ple

s, a

s d

eve

lop

ed

an

d i

mp

lem

en

ted

by

the

pe

op

les

aff

ect

ed

by

such

ma

teri

als

, a

re d

uly

impl

emen

ted.

3.d

Str

engt

hen

the

capa

city

of a

ll co

untr

ies,

inp

art

icu

lar

de

velo

pin

g c

ou

ntr

ies,

fo

r e

arl

yw

arni

ng,

risk

redu

ctio

n an

d m

anag

emen

t of

natio

nal a

nd g

loba

l hea

lth ri

sks

Indi

cato

rs

3.d.

1

7.1

Indi

geno

us i

ndiv

idua

ls h

ave

the

righ

ts t

o lif

e,ph

ysic

al a

nd m

enta

l int

egrit

y, li

bert

y an

d se

curit

y of

pers

on.

4.1

By

2030

, en

sure

tha

t al

l gi

rls a

nd b

oys

com

plet

e fr

ee, e

quita

ble

and

qual

ity p

rimar

y an

dse

cond

ary

educ

atio

n le

adin

g to

rel

evan

t an

def

fect

ive

lear

ning

out

com

es

Indi

cato

rs

4.1.

1

14.1

. In

dige

nous

peo

ples

hav

e th

e rig

ht t

o es

tabl

ish

and

cont

rol t

heir

educ

atio

nal s

yste

ms

and

inst

itutio

nspr

ovid

ing

educ

atio

n in

thei

r ow

n la

ngua

ges,

in a

man

ner

appr

opria

te to

thei

r cu

ltura

l met

hods

of t

each

ing

and

lear

ning

.

72

14.2

. Ind

igen

ous

indi

vidu

als,

par

ticul

arly

chi

ldre

n, h

ave

the

right

to

all l

evel

s an

d fo

rms

of e

duca

tion

of t

heS

tate

with

out d

iscr

imin

atio

n.

14.3

. S

tate

s sh

all,

in c

onju

nctio

n w

ith i

ndig

enou

sp

eo

ple

s, t

ake

eff

ect

ive

me

asu

res,

in

ord

er

for

indi

geno

us in

divi

dual

s, p

artic

ular

ly c

hild

ren,

incl

udin

gth

ose

livin

g ou

tsid

e th

eir c

omm

uniti

es, t

o ha

ve a

cces

s,w

hen

poss

ible

, to

an

educ

atio

n in

the

ir ow

n cu

lture

and

prov

ided

in th

eir o

wn

lang

uage

.

15.1

Indi

geno

us p

eopl

es h

ave

the

right

to th

e di

gnity

and

dive

rsity

of t

heir

cultu

res,

trad

ition

s, h

isto

ries

and

aspi

ratio

ns w

hich

sha

ll be

app

ropr

iate

ly r

efle

cted

ined

ucat

ion

and

publ

ic in

form

atio

n.

4.2

By

2030

, en

sure

tha

t al

l gi

rls a

nd b

oys

ha

ve a

cce

ss t

o q

ua

lity

ea

rly

child

ho

od

deve

lopm

ent,

care

and

pre

prim

ary

educ

atio

nso

that

they

are

read

y fo

r prim

ary

educ

atio

n

Indi

cato

rs

14.1

. Ind

igen

ous

peop

les

have

the

right

to e

stab

lish

and

con

tro

l th

eir

ed

uca

tion

al

syst

em

s a

nd

in

stitu

tion

spr

ovid

ing

educ

atio

n in

thei

r ow

n la

ngua

ges,

in a

man

ner

appr

opria

te t

o th

eir

cultu

ral m

etho

ds o

f te

achi

ng a

ndle

arni

ng.

73

4.2.

1

4.2.

1

14.2

. Ind

igen

ous

indi

vidu

als,

par

ticul

arly

chi

ldre

n, h

ave

the

right

to

all l

evel

s an

d fo

rms

of e

duca

tion

of t

heS

tate

with

out d

iscr

imin

atio

n.

14.3

. S

tate

s sh

all,

in c

onju

nctio

n w

ith i

ndig

enou

sp

eo

ple

s, t

ake

eff

ect

ive

me

asu

res,

in

ord

er

for

indi

geno

us in

divi

dual

s, p

artic

ular

ly c

hild

ren,

incl

udin

gth

ose

livin

g ou

tsid

e th

eir c

omm

uniti

es, t

o ha

ve a

cces

s,w

hen

poss

ible

, to

an

educ

atio

n in

the

ir ow

n cu

lture

and

prov

ided

in th

eir o

wn

lang

uage

.

15.1

Indi

geno

us p

eopl

es h

ave

the

right

to th

e di

gnity

and

dive

rsity

of t

heir

cultu

res,

trad

ition

s, h

isto

ries

and

aspi

ratio

ns w

hich

sha

ll be

app

ropr

iate

ly r

efle

cted

ined

ucat

ion

and

publ

ic in

form

atio

n.

4.3

By

20

30

, e

nsu

re e

qu

al

acc

ess

fo

r a

llw

omen

and

men

to

affo

rdab

le a

nd q

ualit

yte

chni

cal,

voca

tiona

l an

d te

ltiar

y ed

ucat

ion,

incl

udin

g un

iver

sity

Indi

cato

rs

4.3.

1

21

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to

the

impr

ovem

ent

of t

heir

econ

omic

and

soci

al c

ondi

tions

, inc

ludi

ng, i

nter

alia

, in

the

area

sof

edu

catio

n, e

mpl

oym

ent,

voc

atio

nal

trai

ning

and

retr

ain

ing

, h

ou

sin

g,

san

itatio

n,

he

alth

an

d s

oci

al

secu

rity

.

74

4.4

By

20

30

, su

bst

an

tia

lly i

ncr

ea

se t

he

num

ber o

f you

th a

nd a

dults

who

hav

e re

leva

ntsk

ills,

in

clu

din

g t

ech

nic

al

an

d v

oca

tion

al

skill

s, f

or

em

plo

yme

nt,

de

cen

t jo

bs

an

den

trepr

eneu

rshi

p

Indi

cato

rs

4.4.

1

21

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, inc

ludi

ng, i

nter

alia

, in

the

area

sof

edu

catio

n, e

mpl

oym

ent,

voca

tiona

l tr

aini

ng a

ndre

tra

inin

g,

ho

usi

ng

, sa

nita

tion

, h

ea

lth a

nd

so

cia

lse

curi

ty.

4.5

By

2030

, e1i

min

ate

gend

er d

ispa

ritie

s in

educ

atio

n an

d en

sure

equ

al a

cces

s to

all

leve

lsof

edu

catio

n an

d vo

catio

nal

trai

ning

for

the

vuln

erab

le, i

nclu

ding

per

sons

with

dis

abili

ties,

indi

geno

us p

eopl

es a

nd c

hild

ren

in v

ulne

rabl

esi

tuat

ions

Indi

cato

rs

4.5.

1

14.1

. Ind

igen

ous

peop

les

have

the

right

to e

stab

lish

and

con

tro

l th

eir

ed

uca

tion

al

syst

em

s a

nd

in

stitu

tion

spr

ovid

ing

educ

atio

n in

thei

r ow

n la

ngua

ges,

in a

man

ner

appr

opria

te t

o th

eir

cultu

ral m

etho

ds o

f te

achi

ng a

ndle

arni

ng.

14.2

. Ind

igen

ous

indi

vidu

als,

par

ticul

arly

chi

ldre

n, h

ave

the

right

to a

ll le

vels

and

form

s of

edu

catio

n of

the

Sta

tew

ithou

t dis

crim

inat

ion.

14

.3.

Sta

tes

sha

ll, i

n c

on

jun

ctio

n w

ith i

nd

ige

no

us

peop

les,

take

effe

ctiv

e m

easu

res,

in o

rder

for i

ndig

enou

s

75

indi

vidu

als,

par

ticul

arly

chi

ldre

n, in

clud

ing

thos

e liv

ing

outs

ide

thei

r co

mm

uniti

es,

to h

ave

acce

ss,

whe

npo

ssib

le,

to a

n ed

ucat

ion

in t

heir

own

cultu

re a

ndpr

ovid

ed in

thei

r ow

n la

ngua

ge.

5.1

End

all

form

s of

dis

crim

inat

ion

agai

nst a

llw

omen

and

girl

s ev

eryw

here

Indi

cato

rs

5.1.

1

22.2

Sta

tes

shal

l tak

e m

easu

res,

in c

onju

nctio

n w

ithin

dige

nous

peo

ples

, to

ensu

re th

at in

dige

nous

wom

enan

d ch

ildre

n en

joy

the

full

prot

ectio

n an

d gu

aran

tees

agai

nst a

ll fo

rms

of v

iole

nce

and

disc

rimin

atio

n.

5.2

Elim

inat

e al

l fon

ns o

f vi

olen

ce a

gain

st a

llw

om

en a

nd

girl

s in

the

pub

lic a

nd p

riva

tesp

here

s, in

clud

ing

traf

ficki

ng a

nd s

exua

l and

othe

r typ

es o

f exp

loita

tion

Indi

cato

rs

5.2.

1

5.2.

2

22.2

Sta

tes

shal

l ta

ke m

easu

res,

in

conj

unct

ion

with

indi

geno

us p

eopl

es, t

o en

sure

that

indi

geno

us w

omen

and

child

ren

enjo

y th

e fu

ll pr

otec

tion

and

guar

ante

esag

ains

t all

form

s of

vio

lenc

e an

d di

scrim

inat

ion.

76

indi

vidu

als,

par

ticul

arly

chi

ldre

n, in

clud

ing

thos

e liv

ing

outs

ide

thei

r co

mm

uniti

es,

to h

ave

acce

ss,

whe

npo

ssib

le,

to a

n ed

ucat

ion

in t

heir

own

cultu

re a

ndpr

ovid

ed in

thei

r ow

n la

ngua

ge.

5.3

Elim

inat

e al

l ha

rmfu

l pr

actic

es,

such

as

child

, ea

rly a

nd f

orce

d m

arria

ge a

nd f

emal

ege

nita

l mut

ilatio

n

Indi

cato

rs

5.3.

1

5.3.

2

22.2

Sta

tes

shal

l tak

e m

easu

res,

in c

onju

nctio

n w

ithin

dige

nous

peo

ples

, to

ensu

re th

at in

dige

nous

wom

enan

d ch

ildre

n en

joy

the

full

prot

ectio

n an

d gu

aran

tees

agai

nst a

ll fo

rms

of v

iole

nce

and

disc

rimin

atio

n.

5.2

Elim

inat

e al

l fon

ns o

f vi

olen

ce a

gain

st a

llw

omen

and

gir

ls i

n th

e pu

blic

and

pri

vate

sphe

res,

incl

udin

g tr

affic

king

and

sex

ual a

ndot

her t

ypes

of e

xplo

itatio

n

Indi

cato

rs

5.2.

1

5.2.

2

22.2

Sta

tes

shal

l tak

e m

easu

res,

in c

onju

nctio

n w

ithin

dige

nous

peo

ples

, to

ensu

re th

at in

dige

nous

wom

enan

d ch

ildre

n en

joy

the

full

prot

ectio

n an

d gu

aran

tees

agai

nst a

ll fo

rms

of v

iole

nce

and

disc

rimin

atio

n.

77

29.2

Sta

tes

shal

l ta

ke e

ffect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

6.3

By

2030

, im

prov

e w

ater

qua

lity

by re

duci

ngpo

llutio

n, e

limin

atin

g du

mpi

ng a

nd m

inim

izin

gre

leas

e of

haz

ardo

us c

hem

ical

s an

d m

ater

ials

,ha

lvin

g th

e pr

opor

tion

of u

ntre

ated

was

tew

ater

and

subs

tant

ially

incr

easi

ng re

cycl

ing

and

safe

reus

e gl

obal

ly

Indi

cato

rs

6.3.

1

6.3.

2

6.5

By

20

30

, im

ple

me

nt

inte

gra

ted

wa

ter

reso

urce

s m

anag

emen

t at a

ll le

vels

, inc

ludi

ngth

rou

gh

tra

nsb

ou

nd

ary

co

op

era

tio

n a

sap

prop

riate

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

6.6

By

2020

, pro

tect

and

rest

ore

wat

er-r

elat

ede

cosy

ste

ms,

in

clu

din

g m

ou

nta

ins,

fo

rest

s,w

etla

nds,

rive

rs, a

quife

rs a

nd la

kes

Indi

cato

rs

6.6.

1

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

nd th

epr

oduc

tive

capa

city

of

thei

r la

nds

or t

errit

orie

s an

dre

sou

rce

s. S

tate

s sh

all

est

ab

lish

an

d i

mp

lem

en

tas

sist

ance

pro

gram

mes

for i

ndig

enou

s pe

ople

s fo

r suc

hco

nser

vatio

n an

d pr

otec

tion,

with

out d

iscr

imin

atio

n.

78

39. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

hav

e ac

cess

to fi

nanc

ial a

nd te

chni

cal a

ssis

tanc

e fr

om S

tate

s an

dth

roug

h in

tern

atio

nal c

oope

ratio

n, fo

r the

enj

oym

ent o

fth

e rig

hts

cont

aine

d in

this

Dec

lara

tion.

6.a

By

2030

, exp

and

inte

rnat

iona

l coo

pera

tion

and

capa

city

-bui

ldin

g su

ppor

t to

dev

elop

ing

coun

hoie

s in

wat

er-

and

sani

tatio

n-re

late

dac

tiviti

es a

nd p

rogr

amm

es,

incl

udin

g w

ater

ha

rve

stin

g,

de

salin

atio

n,

wa

ter

eff

icie

ncy

,w

aste

wat

er t

reat

men

t, re

cycl

ing

and

reus

ete

chno

logi

es

Indi

caor

s

6.a.

1

6.b

Sup

port

and

str

engt

hen

the

patii

cipa

tion

oflo

cal

com

mu

niti

es

in i

mp

rovi

ng

wa

ter

an

dsa

nita

tion

man

agem

ent

Indi

cato

rs

6.b.

1

19.

Sta

tes

shal

l con

sult

and

coop

erat

e in

goo

d fa

ithw

ith th

e in

dige

nous

peo

ples

con

cern

ed th

roug

h th

eir

own

repr

esen

tativ

e in

stitu

tions

in o

rder

to o

btai

n th

eir

free

, prio

r and

info

rmed

con

sent

bef

ore

adop

ting

and

impl

emen

ting

legi

slat

ive

or a

dmin

istr

ativ

e m

easu

res

that

may

affe

ct th

em.

23. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

det

erm

ine

and

deve

lop

prio

ritie

s an

d st

rate

gies

for e

xerc

isin

g th

eir r

ight

to d

evel

opm

ent.

In p

artic

ular

, ind

igen

ous

peop

les

have

the

right

to

be a

ctiv

ely

invo

lved

in

deve

lopi

ng a

ndde

term

inin

g he

alth

, hou

sing

and

oth

er e

cono

mic

and

79

soci

al p

rogr

amm

es a

ffec

ting

them

and

, as

far

as

poss

ible

, to

adm

inis

ter s

uch

prog

ram

mes

thro

ugh

thei

row

n in

stitu

tions

.

32.2

Sta

tes

shal

l con

sult

and

coop

erat

e in

goo

d fa

ithw

ith th

e in

dige

nous

peo

ples

con

cern

ed th

roug

h th

eir

own

repr

esen

tativ

e in

stitu

tions

in o

rder

to o

btai

n th

eir

free

and

info

rmed

con

sent

prio

r to

the

appr

oval

of a

nypr

ojec

t af

fect

ing

thei

r la

nds

or t

errit

orie

s an

d ot

her

reso

urc

es,

pa

rtic

ula

rly

in c

on

ne

ctio

n w

ith

th

ede

velo

pmen

t, ut

iliza

tion

or e

xplo

itatio

n of

min

eral

, wat

eror

oth

er re

sour

ces.

7.1

By

20

30

, e

nsu

re u

niv

ers

al

acc

ess

to

affo

rdab

le, r

elia

ble

and

mod

ern

ener

gy s

ervi

ces

Indi

cato

rs

7.1.

1

7.1.

2

21

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, inc

ludi

ng ,

inte

r alia

, in

the

area

sof

edu

catio

n, e

mpl

oym

ent,

voc

atio

nal

trai

ning

and

retr

ain

ing

, h

ou

sin

g,

san

itatio

n,

he

alth

an

d s

oci

al

secu

rity

.

21.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s an

d, w

here

appr

opria

te,

spec

ial

mea

sure

s to

ens

ure

cont

inui

ngim

prov

emen

t of t

heir

econ

omic

and

soc

ial c

ondi

tions

.

80

Par

ticul

ar a

ttent

ion

shal

l be

paid

to th

e rig

hts

and

spec

ial

need

s of

indi

geno

us e

lder

s, w

omen

, you

th, c

hild

ren

and

pers

ons

with

dis

abili

ties.

7.b

By

20

30

, e

xpa

nd

in

fio

ast

ruct

ure

an

dup

grad

e te

chno

logy

for s

uppl

ying

mod

ern

and

sust

aina

ble

ener

gy s

ervi

ces

for a

ll in

dev

elop

ing

cou

ntr

ies,

in

pa

tiic

ula

r le

ast

de

velo

pe

dco

untr

ies,

sm

all i

slan

d de

velo

ping

Sta

tes,

and

land

-lock

ed d

evel

opin

g co

untri

es, i

n ac

cord

ance

with

thei

r res

pect

ive

prog

ram

mes

of s

uppo

rt

21

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

wit

ho

ut

disc

rimin

atio

n, t

o th

e im

prov

emen

t of

the

ir ec

onom

ican

d so

cial

con

ditio

ns, i

nclu

ding

, in

ter a

lia, i

n th

e ar

eas

of e

duca

tion,

em

ploy

men

t, v

ocat

iona

l tr

aini

ng a

ndre

train

ing,

hou

sing

, san

itatio

n, h

ealth

and

soc

ial s

ecur

ity.

32.2

Sta

tes

shal

l con

sult

and

coop

erat

e in

goo

d fa

ithw

ith th

e in

dige

nous

peo

ples

con

cern

ed th

roug

h th

eir o

wn

repr

esen

tativ

e in

stitu

tions

in o

rder

to o

btai

n th

eir

free

and

info

rmed

con

sent

prio

r to

the

appr

oval

of a

ny p

roje

ctaf

fect

ing

thei

r lan

ds o

r ter

ritor

ies

and

othe

r res

ourc

es,

pa

rtic

ula

rly

in c

on

ne

ctio

n w

ith

th

e d

eve

lop

me

nt,

utili

zatio

n or

exp

loita

tion

of m

iner

al,

wat

er o

r ot

her

reso

urce

s.

8.5

By

20

30

, a

chie

ve f

ull

an

d p

rod

uct

ive

empl

oym

ent a

nd d

ecen

t wor

k fo

r all

wom

en a

ndm

en, i

nclu

ding

for y

oung

peo

ple

and

pers

ons

with

disa

bilit

ies,

and

equ

al p

ay fo

r wor

k of

equ

al v

alue

17.3

Ind

igen

ous

indi

vidu

als

have

the

rig

ht n

ot t

o be

subj

ecte

d to

any

dis

crim

inat

ory

cond

ition

s of

labo

ur a

nd,

inte

r alia

, em

ploy

men

t or s

alar

y.

81

Indi

cato

rs

8.5.

1

8.5.

2

8.6

By

2020

, sub

stan

tially

redu

ce th

e pr

opor

tion

of y

outh

not

in e

mpl

oym

ent,

educ

atio

n or

h'a

inin

g

Indi

cato

rs

8.6.

1

17.3

Ind

igen

ous

indi

vidu

als

have

the

rig

ht n

ot t

o be

subj

ecte

d to

any

dis

crim

inat

ory

cond

ition

s of

labo

ur a

nd,

inte

r alia

, em

ploy

men

t or s

alar

y.

8.7

Take

imm

edia

te a

nd e

ffect

ive

mea

sure

s to

erad

icat

e fo

rced

labo

ur, e

nd m

oder

n sl

aver

y an

dhu

man

traf

ficki

ng a

nd s

ecur

e th

e pr

ohib

ition

and

elim

inat

ion

of t

he w

orst

for

ms

of c

hild

labo

ur,

incl

udin

g re

crui

tmen

t and

use

of c

hild

sol

dier

s,an

d by

202

5 en

d ch

ild la

bour

in a

ll its

form

s

Indi

cato

rs

8.7.

1

17.2

Sta

tes

shal

l in

cons

ulta

tion

and

coop

erat

ion

with

indi

geno

us p

eopl

es ta

ke s

peci

fic m

easu

res

to p

rote

ctin

dige

nous

chi

ldre

n fro

m e

cono

mic

exp

loita

tion

and

from

perf

orm

ing

any

wor

k th

at is

like

ly to

be

haza

rdou

s or

toin

terf

ere

with

the

child

’s e

duca

tion,

or

to b

e ha

rmfu

l to

the

child

’s h

ealth

or

phys

ical

, m

enta

l, sp

iritu

al,

mor

alor

soc

ial d

evel

opm

ent,

taki

ng in

to a

ccou

nt th

eir s

peci

alvu

lner

abili

ty a

nd th

e im

port

ance

of e

duca

tion

for

thei

rem

pow

erm

ent.

82

8.9

By

2030

. dev

ise

and

impl

emen

t pol

icie

s to

prom

ote

sust

aina

ble

tour

ism

that

cre

ates

jobs

and

prom

otes

loca

l cul

ture

' and

pro

duct

s

11.1

Indi

geno

us p

eopl

es h

ave

the

right

to p

ract

ise

and

revi

taliz

e th

eir

cultu

ral

trad

ition

s an

d cu

stom

s. T

his

incl

udes

the

right

to m

aint

ain,

pro

tect

and

dev

elop

the

past

, pre

sent

and

futu

re m

anife

stat

ions

of t

heir

cultu

res,

such

as

arch

aeol

ogic

al a

nd h

isto

rical

site

s, a

rtef

acts

,de

sign

s, c

erem

onie

s, t

echn

olog

ies

and

visu

al a

ndpe

rfor

min

g ar

ts a

nd li

tera

ture

.

11.2

. S

tate

s sh

all

prov

ide

redr

ess

thro

ugh

effe

ctiv

em

echa

nism

s, w

hich

may

incl

ude

rest

itutio

n, d

evel

oped

in c

onju

nctio

n w

ith in

dige

nous

peo

ples

, w

ith r

espe

ctto

the

ir c

ultu

ral,

inte

llect

ual,

relig

ious

and

spi

ritu

alpr

oper

ty t

aken

with

out

thei

r fr

ee,

prio

r an

d in

form

edco

nsen

t or

in

viol

atio

n of

the

ir la

ws,

tra

ditio

ns a

ndcu

stom

s.

12.1

. Ind

igen

ous

peop

les

have

the

right

to m

anife

st,

prac

tise,

dev

elop

and

teac

h th

eir s

pirit

ual a

nd re

ligio

ustr

ad

itio

ns,

cu

sto

ms

an

d c

ere

mo

nie

s; t

he

rig

ht

tom

aint

ain,

pro

tect

, and

hav

e ac

cess

in p

rivac

y to

thei

rre

ligio

us a

nd c

ultu

ral

site

s; t

he r

ight

to

the

use

and

cont

rolo

f the

ir ce

rem

onia

l obj

ects

; and

the

right

to th

ere

patr

iatio

n of

thei

r hum

an re

mai

ns.

83

31.1

Ind

igen

ous

peop

les

have

the

rig

ht t

o m

aint

ain,

cont

rol,

prot

ect

and

deve

lop

thei

r cu

ltura

l he

ritag

e,tr

ad

itio

na

l kn

ow

led

ge

an

d t

rad

itio

na

l cu

ltu

ral

expr

essi

ons,

as

wel

l as

the

man

ifest

atio

ns o

f th

eir

scie

nces

, tec

hnol

ogie

s an

d cu

lture

s, in

clud

ing

hum

anan

d ge

netic

reso

urce

s, s

eeds

, med

icin

es, k

now

ledg

eof

the

pro

pert

ies

of f

auna

and

flo

ra,

oral

tra

ditio

ns,

liter

atur

es, d

esig

ns, s

port

s an

d tr

aditi

onal

gam

es a

ndvi

sual

and

per

form

ing

arts

. The

y al

so h

ave

the

right

tom

aint

ain,

con

trol

, pro

tect

and

dev

elop

thei

r int

elle

ctua

lp

rop

ert

y o

ver

such

cu

ltu

ral

he

rita

ge

, tr

ad

itio

na

lkn

owle

dge,

and

trad

ition

al c

ultu

ral e

xpre

ssio

ns.

9.1

Dev

elop

qua

lity,

rel

iabl

e. s

usta

inab

le a

ndre

silie

nt in

fras

truc

ture

, inc

ludi

ng r

egio

nal a

ndtr

ansb

orde

r inf

i'ast

ruct

ure,

to s

uppo

rt e

cono

mic

deve

lopm

ent a

nd h

uman

wel

l-bei

ng. w

ith a

focu

son

affo

rdab

le a

nd e

quita

ble

acce

ss fo

r all

Indi

cato

rs

9.1.

1

9.1.

2

32.2

Sta

tes

shal

l con

sult

and

coop

erat

e in

goo

d fa

ithw

ith th

e in

dige

nous

peo

ples

con

cern

ed th

roug

h th

eir o

wn

repr

esen

tativ

e in

stitu

tions

in o

rder

to o

btai

n th

eir

free

and

info

rmed

con

sent

prio

r to

the

appr

oval

of a

ny p

roje

ctaf

fect

ing

thei

r lan

ds o

r ter

ritor

ies

and

othe

r

reso

urc

es,

pa

rtic

ula

rly

in c

on

ne

ctio

n w

ith

th

ede

velo

pmen

t, ut

iliza

tion

or e

xplo

itatio

n of

min

eral

, wat

eror

oth

er re

sour

ces.

84

20.1

indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r po

litic

al,

econ

omic

and

soc

ial s

yste

ms

or in

stitu

tions

, to

be s

ecur

e in

the

enjo

ymen

t of t

heir

own

mea

ns o

f sub

sist

ence

and

dev

elop

men

t, an

d to

en

ga

ge

fre

ely

in

all

the

ir t

rad

itio

na

l a

nd

oth

er

econ

omic

activ

ities

.

20.2

. Ind

igen

ous

peop

les

depr

ived

of t

heir

mea

ns o

fsu

bsis

tenc

e an

d de

velo

pmen

t are

ent

itled

to ju

st a

ndfa

ir re

dres

s.

21

.1.

Ind

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, in

clud

ing,

inte

r al

ia,

in t

he a

reas

of

ed

uca

tio

n,

em

plo

yme

nt,

vo

cati

on

al

tra

inin

g a

nd

retra

inin

g, h

ousi

ng, s

anita

tion,

hea

lth a

nd s

ocia

l sec

urity

.

10.1

By

2030

, pro

gres

sive

ly a

chie

ve a

nd s

usta

inin

com

e gr

owth

of t

he b

otto

m 4

0 pe

r cen

t oftn

epo

pula

tion

at a

rat

e hi

gher

tha

n th

e na

tiona

lav

erag

e

Indi

cato

rs

10.1

.1

10.2

By

2030

, em

pow

er a

nd p

rom

ote

the

soci

al,

eco

no

mic

an

d p

oli

tica

l in

clu

sio

n o

f a

ll,

irre

spe

ctiv

e o

f a

ge

, se

x, d

isa

bili

ty,

race

,et

hnic

ity,

orig

in,

relig

ion

or e

cono

mic

or

othe

rst

atus

3.

Ind

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to s

elf

-d

ete

rmin

atio

n.

By

virt

ue

of

tha

t ri

gh

t th

ey

fre

ely

dete

rmin

e th

eir p

oliti

cal s

tatu

s an

d fr

eely

pur

sue

thei

rec

onom

ic, s

ocia

l and

cul

tura

l dev

elop

men

t.

5. In

dige

nous

peo

ples

hav

e th

e rig

ht to

mai

ntai

n an

d

85

stre

ngth

en th

eir d

istin

ct p

oliti

cal,

lega

l, ec

onom

ic, s

ocia

lan

d cu

ltura

l ins

titut

ions

, w

hile

ret

aini

ng t

heir

right

to

part

icip

ate

fully

, if

they

so

choo

se,

in t

he p

oliti

cal,

econ

omic

, soc

ial a

nd c

ultu

ral l

ife o

f the

Sta

te.

15

.2 S

tate

s sh

all

ta

ke e

ffe

ctiv

e m

ea

sure

s, i

nco

nsul

tatio

n an

d co

oper

atio

n w

ith t

he i

ndig

enou

spe

ople

s co

ncer

ned,

to c

omba

t pre

judi

ce a

nd e

limin

ate

disc

rimin

atio

n an

d to

pro

mot

e to

lera

nce,

und

erst

andi

ngan

d go

od re

latio

ns a

mon

g in

dige

nous

peo

ples

and

all

othe

r se

gmen

ts o

f soc

iety

.

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r po

litic

al,

econ

omic

and

soc

ial s

yste

ms

or in

stitu

tions

, to

be s

ecur

e in

the

enjo

ymen

t of t

heir

own

mea

ns o

f sub

sist

ence

and

dev

elop

men

t, an

d to

enga

ge fr

eely

in a

ll th

eir t

radi

tiona

l and

oth

er e

cono

mic

activ

ities

.

20.2

. Ind

igen

ous

peop

les

depr

ived

of t

heir

mea

ns o

fsu

bsis

tenc

e an

d de

velo

pmen

t are

ent

itled

to ju

st a

ndfa

ir re

dres

s.

Indi

cato

rs

10.2

.1

86

21

.1 i

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, in

clud

ing,

inte

r al

ia,

in t

he a

reas

of

ed

uca

tio

n,

em

plo

yme

nt,

vo

cati

on

al

tra

inin

g a

nd

retra

inin

g, h

ousi

ng, s

anita

tion,

hea

lth a

nd s

ocia

l sec

urity

.

10.2

By

2030

, em

pow

er a

nd p

rom

ote

the

soci

al,

eco

no

mic

an

d p

olit

ica

l in

clu

sio

n o

f a

ll,ir

resp

ect

ive

of

ag

e,

sex,

dis

ab

ility

, ra

ce,

ethn

icity

, orig

in, r

elig

ion

or e

cono

mic

or

othe

rst

atus

Indi

cato

rs

10.2

.1

3.

Ind

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to s

elf

-d

ete

rmin

atio

n.

By

virt

ue

of

tha

t ri

gh

t th

ey

fre

ely

dete

rmin

e th

eir p

oliti

cal s

tatu

s an

d fr

eely

pur

sue

thei

rec

onom

ic, s

ocia

l and

cul

tura

l dev

elop

men

t.

5. In

dige

nous

peo

ples

hav

e th

e rig

ht to

mai

ntai

n an

dst

reng

then

the

ir di

stin

ct p

oliti

cal,

lega

l, ec

onom

ic,

soci

al a

nd c

ultu

ral i

nstit

utio

ns,

whi

le r

etai

ning

the

irrig

ht t

o pa

rtic

ipat

e fu

lly,

if th

ey s

o ch

oose

, in

the

polit

ical

, eco

nom

ic, s

ocia

l and

cul

tura

l life

of t

he S

tate

.

15

.2 S

tate

s sh

all

take

eff

ect

ive

me

asu

res,

in

cons

ulta

tion

and

coop

erat

ion

with

the

ind

igen

ous

peop

les

conc

erne

d, to

com

bat p

reju

dice

and

elim

inat

edi

scrim

inat

ion

and

to p

rom

ote

tole

ranc

e, u

nder

stan

ding

and

good

rela

tions

am

ong

indi

geno

us p

eopl

es a

nd a

llot

her

segm

ents

of s

ocie

ty.

87

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r pol

itica

l, ec

onom

ic a

nd s

ocia

l sys

tem

s or

inst

itutio

ns, t

o be

sec

ure

in th

e en

joym

ent o

f the

ir ow

nm

eans

of s

ubsi

sten

ce a

nd d

evel

opm

ent,

and

to e

ngag

efre

ely

in a

ll th

eir t

radi

tiona

l and

oth

er e

cono

mic

act

iviti

es.

20.2

. Ind

igen

ous

peop

les

depr

ived

of t

heir

mea

ns o

fsu

bsis

tenc

e an

d de

velo

pmen

t are

ent

itled

to ju

st a

ndfa

ir re

dres

s.

21

.1 i

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, in

clud

ing,

inte

r al

ia,

in t

he a

reas

of

ed

uca

tio

n,

em

plo

yme

nt,

vo

cati

on

al

tra

inin

g a

nd

retra

inin

g, h

ousi

ng, s

anita

tion,

hea

lth a

nd s

ocia

l sec

urity

.

21.2

. Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s an

d, w

here

appr

opria

te,

spec

ial

mea

sure

s to

ens

ure

cont

inui

ngim

prov

emen

t of t

heir

econ

omic

and

soc

ial c

ondi

tions

.P

artic

ular

atte

ntio

n sh

all

be p

aid

to t

he r

ight

s an

dsp

ecia

l ne

eds

of i

ndig

enou

s el

ders

, w

omen

, yo

uth,

child

ren

and

pers

ons

with

dis

abili

ties.

88

3.

Ind

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to s

elf

-d

ete

rmin

atio

n.

By

virt

ue

of

tha

t ri

gh

t th

ey

fre

ely

dete

rmin

e th

eir p

oliti

cal s

tatu

s an

d fr

eely

pur

sue

thei

rec

onom

ic, s

ocia

l and

cul

tura

l dev

elop

men

t.

5. In

dige

nous

peo

ples

hav

e th

e rig

ht to

mai

ntai

n an

dst

reng

then

thei

r dis

tinct

pol

itica

l, le

gal,

econ

omic

, soc

ial

and

cultu

ral i

nstit

utio

ns,

whi

le r

etai

ning

the

ir rig

ht t

opa

rtic

ipat

e fu

lly,

if th

ey s

o ch

oose

, in

the

pol

itica

l,ec

onom

ic, s

ocia

l and

cul

tura

l life

of t

he S

tate

.

15

.2 S

tate

s sh

all

ta

ke e

ffe

ctiv

e m

ea

sure

s, i

nco

nsul

tatio

n an

d co

oper

atio

n w

ith t

he i

ndig

enou

spe

ople

s co

ncer

ned,

to c

omba

t pre

judi

ce a

nd e

limin

ate

disc

rimin

atio

n an

d to

pro

mot

e to

lera

nce,

und

erst

andi

ngan

d go

od re

latio

ns a

mon

g in

dige

nous

peo

ples

and

all

othe

r se

gmen

ts o

f soc

iety

.

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r pol

itica

l, ec

onom

ic a

nd s

ocia

l sys

tem

s or

inst

itutio

ns, t

o be

sec

ure

in th

e en

joym

ent o

f the

ir ow

nm

eans

of s

ubsi

sten

ce a

nd d

evel

opm

ent,

and

to e

ngag

efre

ely

in a

ll th

eir t

radi

tiona

l and

oth

er e

cono

mic

act

iviti

es.

10.3

Ens

ure

equa

l op

port

unity

and

red

uce

ineq

ualit

ies

of o

utco

me,

incl

udin

g by

elim

inat

ing

disc

rimin

ator

y la

ws,

pol

icie

s an

d pr

actic

es a

ndpr

omot

ing

appr

opria

te le

gisl

atio

n, p

olic

ies

and

actio

n in

this

rega

rd

Indi

cato

rs

10.3

.1

89

20.2

. Ind

igen

ous

peop

les

depr

ived

of t

heir

mea

ns o

fsu

bsis

tenc

e an

d de

velo

pmen

t are

ent

itled

to ju

st a

ndfa

ir re

dres

s.

21

.1.

Ind

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, in

clud

ing,

inte

r al

ia,

in t

he a

reas

of

ed

uca

tio

n,

em

plo

yme

nt,

vo

cati

on

al

tra

inin

g a

nd

retra

inin

g, h

ousi

ng, s

anita

tion,

hea

lth a

nd s

ocia

l sec

urity

.

21.2

. Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s an

d, w

here

appr

opria

te,

spec

ial

mea

sure

s to

ens

ure

cont

inui

ngim

prov

emen

t of t

heir

econ

omic

and

soc

ial c

ondi

tions

.P

artic

ular

atte

ntio

n sh

all

be p

aid

to t

he r

ight

s an

dsp

ecia

l ne

eds

of i

ndig

enou

s el

ders

, w

omen

, yo

uth,

child

ren

and

pers

ons

with

dis

abili

ties.

10.4

Ado

pt p

olic

ies,

esp

ecia

lly fi

scal

, wag

e an

dso

cial

pro

tect

ion

polic

ies,

and

pro

gres

sive

lyac

hiev

e gr

eate

r equ

ality

Indi

cato

rs

10.4

.1

15

.2 S

tate

s sh

all

ta

ke e

ffe

ctiv

e m

ea

sure

s, i

nco

nsu

ltatio

n a

nd

co

op

era

tion

with

th

e i

nd

ige

no

us

peop

les

conc

erne

d, to

com

bat p

reju

dice

and

elim

inat

edi

scrim

inat

ion

and

to p

rom

ote

tole

ranc

e, u

nder

stan

ding

and

good

rela

tions

am

ong

indi

geno

us p

eopl

es a

nd a

llot

her

segm

ents

of s

ocie

ty.

90

17.3

Ind

igen

ous

indi

vidu

als

have

the

rig

ht n

ot t

o be

subj

ecte

d to

any

dis

crim

inat

ory

cond

ition

s of

labo

uran

d, in

ter a

lia, e

mpl

oym

ent o

r sal

ary.

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r pol

itica

l, ec

onom

ic a

nd s

ocia

l sys

tem

s or

inst

itutio

ns, t

o be

sec

ure

in th

e en

joym

ent o

f the

ir ow

nm

eans

of s

ubsi

sten

ce a

nd d

evel

opm

ent,

and

to e

ngag

efre

ely

in a

ll th

eir t

radi

tiona

l and

oth

er e

cono

mic

act

iviti

es.

21

.1.

Ind

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

with

ou

tdi

scrim

inat

ion,

to th

e im

prov

emen

t of t

heir

econ

omic

and

soci

al c

ondi

tions

, in

clud

ing

inte

r al

ia,

in t

he a

reas

of

ed

uca

tio

n,

em

plo

yme

nt,

vo

cati

on

al

tra

inin

g a

nd

retra

inin

g, h

ousi

ng, s

anita

tion,

hea

lth a

nd s

ocia

l sec

urity

.

10

.7 F

aci

lita

te o

rde

rly,

sa

fe,

reg

ula

r a

nd

resp

onsi

ble

mig

ratio

n an

d m

obili

ty o

f pe

ople

,in

clud

ing

thro

ugh

the

impl

emen

tatio

n of

pla

nned

and

wel

l-man

aged

mig

ratio

n po

licie

s

Indi

cato

rs

10.7

.1

7.1

Indi

geno

us in

divi

dual

s ha

ve th

e rig

hts

to li

fe, p

hysi

cal

and

men

tal i

nteg

rity,

libe

rty

and

secu

rity

of p

erso

n.

17.2

Sta

tes

shal

l in

cons

ulta

tion

and

coop

erat

ion

with

indi

geno

us p

eopl

es ta

ke s

peci

fic m

easu

res

to p

rote

ctin

dige

nous

chi

ldre

n fro

m e

cono

mic

exp

loita

tion

and

from

perf

orm

ing

any

wor

k th

at is

like

ly to

be

haza

rdou

s or

toin

terf

ere

with

the

child

’s e

duca

tion,

or t

o be

har

mfu

l to

91

the

child

’s h

ealth

or p

hysi

cal,

men

tal,

spiri

tual

, mor

alor

soc

ial d

evel

opm

ent,

taki

ng in

to a

ccou

nt th

eir s

peci

alvu

lner

abili

ty a

nd th

e im

port

ance

of e

duca

tion

for t

heir

empo

wer

men

t.

11.4

Str

engt

hen

effo

rts to

pro

tect

and

saf

egum

’dth

e w

orld

’s c

ultu

ral a

nd n

atur

al h

erita

ge12

.2 S

tate

s sh

all

seek

to

enab

le t

he a

cces

s an

d/or

repa

tria

tion

of c

erem

onia

l obj

ects

and

hum

an re

mai

nsin

thei

r pos

sess

ion

thro

ugh

fair,

tran

spar

ent a

nd e

ffect

ive

mec

hani

sms

deve

lope

d in

con

junc

tion

with

indi

geno

uspe

ople

s co

ncer

ned.

31.1

Indi

geno

us p

eopl

es h

ave

the

right

to

mai

ntai

n,co

ntro

l, pr

otec

t an

d de

velo

p th

eir

cultu

ral

herit

age,

tradi

tiona

l kno

wle

dge

and

tradi

tiona

l cul

tura

l exp

ress

ions

,a

s w

ell

as

the

ma

nif

est

ati

on

s o

f th

eir

sci

en

ces,

tech

nolo

gies

and

cul

ture

s, in

clud

ing

hum

an a

nd g

enet

ic

reso

urc

es,

se

ed

s, m

ed

icin

es,

kn

ow

led

ge

of

the

prop

ertie

s of

faun

a an

d flo

ra, o

ral t

radi

tions

, lite

ratu

res,

desi

gns,

spo

rts

and

trad

ition

al g

ames

and

vis

ual a

ndpe

rfor

min

g ar

ts. T

hey

also

hav

e th

e rig

ht to

mai

ntai

n,co

ntro

l, pr

otec

t and

dev

elop

thei

r int

elle

ctua

l pro

pert

yov

er s

uch

cultu

ral h

erita

ge, t

radi

tiona

l kno

wle

dge,

and

trad

ition

al c

ultu

ral e

xpre

ssio

ns.

92

11.1

Indi

geno

us p

eopl

es h

ave

the

right

to p

ract

ise

and

revi

taliz

e th

eir

cultu

ral

trad

ition

s an

d cu

stom

s. T

his

incl

udes

the

right

to m

aint

ain,

pro

tect

and

dev

elop

the

past

, pre

sent

and

futu

re m

anife

stat

ions

of t

heir

cultu

res,

such

as

arch

aeol

ogic

al a

nd h

isto

rical

site

s, a

rtef

acts

,de

sign

s, c

erem

onie

s, t

echn

olog

ies

and

visu

al a

ndpe

rfor

min

g ar

ts a

nd li

tera

ture

.

11.2

Sta

tes

shal

l pr

ovid

e re

dres

s th

roug

h ef

fect

ive

mec

hani

sms,

whi

ch m

ay in

clud

e re

stitu

tion,

dev

elop

edin

con

junc

tion

with

indi

geno

us p

eopl

es,

with

res

pect

to t

heir

cul

tura

l, in

telle

ctua

l, re

ligio

us a

nd s

piri

tual

prop

erty

tak

en w

ithou

t th

eir

free

, pr

ior

and

info

rmed

cons

ent

or i

n vi

olat

ion

of t

heir

law

s, t

radi

tions

and

cust

oms.

12.1

. Ind

igen

ous

peop

les

have

the

right

to m

anife

st,

prac

tise,

dev

elop

and

teac

h th

eir s

pirit

ual a

nd re

ligio

ustr

ad

itio

ns,

cu

sto

ms

an

d c

ere

mo

nie

s; t

he

rig

ht

tom

aint

ain,

pro

tect

, and

hav

e ac

cess

in p

rivac

y to

thei

rre

ligio

us a

nd c

ultu

ral

site

s; t

he r

ight

to

the

use

and

cont

rolo

f the

ir ce

rem

onia

l obj

ects

; and

the

right

to th

ere

patr

iatio

n of

thei

r hum

an re

mai

ns.

93

11.5

By

2030

, sig

nific

antly

red

uce

the

num

ber

of d

eath

s an

d th

e nu

mbe

r of p

eopl

e af

fect

ed a

ndsu

bsta

ntia

lly d

ecre

ase

the

dire

ct e

cono

mic

loss

es re

lativ

e to

glo

bal g

ross

dom

estic

pro

duct

caus

ed b

y di

sast

ers,

inc

ludi

ng w

ater

-rel

ated

disa

ster

s, w

ith a

foc

us o

n pr

otec

ting

the

poor

and

peop

le in

vul

nera

ble

situ

atio

ns

7.1

Indi

geno

us in

divi

dual

s ha

ve th

e rig

hts

to li

fe, p

hysi

cal

and

men

tal i

nteg

rity,

libe

rty

and

secu

rity

of p

erso

n.

11.6

By

2030

, re

duce

the

adv

erse

per

cap

itaen

viro

nmen

tal

impa

ct o

f ci

ties,

inc

ludi

ng b

yp

ayi

ng

sp

eci

al

att

en

tion

to

air

qu

alit

y a

nd

mun

icip

al a

nd o

ther

was

te m

anag

emen

t

Indi

cato

rs

11.6

.1

11.6

.2

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no s

tora

ge o

r dis

posa

l of h

azar

dous

mat

eria

ls s

hall

take

plac

e in

the

land

s or

terr

itorie

s of

indi

geno

us p

eopl

esw

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

12

.2 B

y 2

03

0,

ach

ieve

th

e s

ust

ain

ab

lem

an

ag

em

en

t a

nd

eff

icie

nt

use

of

na

tura

lre

sour

ces

25. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

mai

ntai

n an

dst

reng

then

thei

r dis

tinct

ive

spiri

tual

rela

tions

hip

with

thei

rtr

aditi

onal

ly o

wne

d or

oth

erw

ise

occu

pied

and

use

dla

nds,

ter

ritor

ies,

wat

ers

and

coas

tal

seas

and

oth

erre

sour

ces

and

to u

phol

d th

eir

resp

onsi

bilit

ies

to fu

ture

gene

ratio

ns in

this

rega

rd.2

6.1.

Indi

geno

us p

eopl

es h

ave

94

12.4

By

2020

, ac

hiev

e th

e en

viro

nmen

tally

soun

d m

anag

emen

t of c

hem

ical

s an

d al

l was

tes

thro

ugho

ut th

eir

life

cycl

e, in

acc

orda

nce

with

ag

ree

d

inte

rna

tio

na

l fi

:am

ew

ork

s,

an

dsi

gnifi

cant

ly r

educ

e th

eir

rele

ase

to a

ir, w

ater

and

soil

in o

rder

to

min

imiz

e th

eir

adve

rse

impa

cts

on h

uman

hea

lth a

nd th

e en

viro

nmen

t

Indi

cato

r

12.4

.1

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

chth

ey h

ave

trad

ition

ally

ow

ned,

occ

upie

d or

oth

erw

ise

used

or a

cqui

red.

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

, dev

elop

and

con

trol

the

land

s, te

rrito

ries

and

reso

urce

s th

at th

ey p

osse

ss b

y re

ason

of t

radi

tiona

low

ners

hip

or o

ther

trad

ition

al o

ccup

atio

n or

use

, as

wel

las

thos

e w

hich

they

hav

e ot

herw

ise

acqu

ired.

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

29.3

. S

tate

s sh

all

also

tak

e ef

fect

ive

mea

sure

s to

ensu

re, a

s ne

eded

, tha

t pro

gram

mes

for

mon

itorin

g,m

aint

aini

ng a

nd r

esto

ring

the

heal

th o

f in

dige

nous

peop

les,

as

deve

lope

d an

d im

plem

ente

d by

the

peop

les

affe

cted

by

such

mat

eria

ls, a

re d

uly

impl

emen

ted.

12

.5 B

y 2

03

0,

sub

sta

ntia

lly r

ed

uce

wa

ste

ge

ne

ratio

n t

hro

ug

h p

reve

ntio

n,

red

uct

ion

,re

cycl

ing

and

reus

e

Indi

cato

r

12.5

.1

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no s

tora

ge o

r dis

posa

l of h

azar

dous

mat

eria

ls s

hall

take

plac

e in

the

land

s or

terr

itorie

s of

indi

geno

us p

eopl

esw

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

95

12.8

By

2030

, ens

ure

that

peo

ple

ever

ywhe

reha

ve th

e re

leva

nt in

form

atio

n an

d aw

aren

ess

for

sust

ain

ab

le d

eve

lop

me

nt

an

d l

ifest

yle

s in

harm

ony

with

nat

ure

29.3

. S

tate

s sh

all

also

tak

e ef

fect

ive

mea

sure

s to

ensu

re, a

s ne

eded

, tha

t pro

gram

mes

for

mon

itorin

g,m

aint

aini

ng a

nd r

esto

ring

the

heal

th o

f in

dige

nous

peop

les,

as

deve

lope

d an

d im

plem

ente

d by

the

peop

les

affe

cted

by

such

mat

eria

ls, a

re d

uly

impl

emen

ted.

15.1

Indi

geno

us p

eopl

es h

ave

the

right

to th

e di

gnity

and

dive

rsity

of t

heir

cultu

res,

trad

ition

s, h

isto

ries

and

aspi

ratio

ns w

hich

sha

ll be

app

ropr

iate

ly r

efle

cted

ined

ucat

ion

and

publ

ic in

form

atio

n.

12.b

Dev

elop

and

impl

emen

t to

ols

to m

onito

rsu

sta

ina

ble

d

eve

lop

me

nt

imp

act

s fo

rsu

sta

ina

ble

to

uri

sm t

ha

t cr

ea

tes

job

s a

nd

prom

otes

loca

l cul

ture

and

pro

duct

s

11.1

Indi

geno

us p

eopl

es h

ave

the

right

to p

ract

ise

and

revi

taliz

e th

eir

cultu

ral

trad

ition

s an

d cu

stom

s. T

his

incl

udes

the

right

to m

aint

ain,

pro

tect

and

dev

elop

the

past

, pre

sent

and

futu

re m

anife

stat

ions

ofth

eir c

ultu

res,

such

as

arch

aeol

ogic

al a

nd h

isto

rical

site

s, a

rtef

acts

,de

sign

s, c

erem

onie

s, t

echn

olog

ies

and

visu

al a

ndpe

rfor

min

g ar

ts a

nd li

tera

ture

.

11.2

. S

tate

s sh

all

prov

ide

redr

ess

thro

ugh

effe

ctiv

em

echa

nism

s, w

hich

may

incl

ude

rest

itutio

n, d

evel

oped

in c

onju

nctio

n w

ith in

dige

nous

peo

ples

, with

resp

ect t

oth

eir c

ultu

ral,

inte

llect

ual,

relig

ious

and

spi

ritua

l pro

pert

y

96

take

n w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt o

rin

vio

latio

n of

thei

r law

s, tr

aditi

ons

and

cust

oms.

12.1

. Ind

igen

ous

peop

les

have

the

right

to m

anife

st,

prac

tise,

dev

elop

and

teac

h th

eir s

pirit

ual a

nd re

ligio

ustr

ad

itio

ns,

cu

sto

ms

an

d c

ere

mo

nie

s; t

he

rig

ht

tom

aint

ain,

pro

tect

, and

hav

e ac

cess

in p

rivac

yto

thei

rre

ligio

us a

nd c

ultu

ral

site

s; t

he r

ight

to

the

use

and

cont

rol o

f the

ir ce

rem

onia

l obj

ects

; and

the

right

to th

ere

patr

iatio

n of

thei

r hum

an re

mai

ns.

31.1

Ind

igen

ous

peop

les

have

the

rig

ht t

o m

aint

ain,

cont

rol,

prot

ect

and

deve

lop

thei

r cu

ltura

l he

ritag

e,tr

ad

itio

na

l kn

ow

led

ge

an

d t

rad

itio

na

l cu

ltu

ral

expr

essi

ons,

as

wel

l as

the

man

ifest

atio

ns o

f th

eir

scie

nces

, tec

hnol

ogie

s an

d cu

lture

s, in

clud

ing

hum

anan

d ge

netic

reso

urce

s, s

eeds

, med

icin

es, k

now

ledg

eof

the

pro

pert

ies

of f

auna

and

flo

ra,

oral

tra

ditio

ns,

liter

atur

es, d

esig

ns, s

port

s an

d tr

aditi

onal

gam

es a

ndvi

sual

and

per

form

ing

arts

. The

y al

so h

ave

the

right

tom

aint

ain,

con

trol

, pro

tect

and

dev

elop

thei

r int

elle

ctua

lp

rop

ert

y o

ver

such

cu

ltu

ral

he

rita

ge

, tr

ad

itio

na

lkn

owle

dge,

and

trad

ition

al c

ultu

ral e

xpre

ssio

ns.

97

7.1

Indi

geno

us in

divi

dual

s ha

ve th

e rig

hts

to li

fe, p

hysi

cal

and

men

tal i

nteg

rity,

libe

rty

and

secu

rity

of p

erso

n.1

3.1

Str

en

gth

en

re

silie

nce

an

d a

da

pti

veca

paci

ty to

clim

ate-

rela

ted

haza

rds

and

natu

ral

disa

ster

s in

all

coun

trie

s.

13.3

Impr

ove

educ

atio

n, a

war

enes

s-ra

isin

g an

dhu

man

and

ins

titut

iona

l ca

paci

ty o

n cl

imat

ech

ange

miti

gatio

n, a

dapt

atio

n, im

pact

redu

ctio

nan

d ea

rly w

arni

ng

5. In

dige

nous

peo

ples

hav

e th

e rig

ht to

mai

ntai

n an

dst

reng

then

thei

r dis

tinct

pol

itica

l, le

gal,

econ

omic

, soc

ial

and

cultu

ral

inst

itutio

ns,

whi

le r

etai

ning

the

ir rig

ht t

opa

rtic

ipat

e fu

lly,

if th

ey s

o ch

oose

, in

the

pol

itica

l,ec

onom

ic, s

ocia

l and

cul

tura

l life

of t

he S

tate

.

15.1

Indi

geno

us p

eopl

es h

ave

the

right

to th

e di

gnity

and

dive

rsity

of t

heir

cultu

res,

trad

ition

s, h

isto

ries

and

aspi

ratio

ns w

hich

sha

ll be

app

ropr

iate

ly r

efle

cted

in

educ

atio

n an

d pu

blic

info

rmat

ion.

18. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

par

ticip

ate

inde

cisi

on-m

akin

g in

mat

ters

whi

ch w

ould

affe

ct t

heir

right

s, th

roug

h re

pres

enta

tives

cho

sen

by th

emse

lves

in a

ccor

danc

e w

ith th

eir o

wn

proc

edur

es, a

s w

ell a

s to

mai

ntai

n an

d de

velo

p th

eir

own

indi

geno

us d

ecis

ion

mak

ing

inst

itutio

ns.

98

5. In

dige

nous

peo

ples

hav

e th

e rig

ht to

mai

ntai

n an

dst

reng

then

thei

r dis

tinct

pol

itica

l, le

gal,

econ

omic

, soc

ial

and

cultu

ral i

nstit

utio

ns,

whi

le r

etai

ning

the

ir rig

ht t

opa

rtic

ipat

e fu

lly,

if th

ey s

o ch

oose

, in

the

pol

itica

l,ec

onom

ic, s

ocia

l and

cul

tura

l life

of t

he S

tate

.

18. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

par

ticip

ate

inde

cisi

on-m

akin

g in

mat

ters

whi

ch w

ould

affe

ct t

heir

right

s, th

roug

h re

pres

enta

tives

cho

sen

by th

emse

lves

in a

ccor

danc

e w

ith th

eir o

wn

proc

edur

es, a

s w

ell a

s to

mai

ntai

n an

d de

velo

p th

eir

own

indi

geno

us d

ecis

ion

mak

ing

inst

itutio

ns.

13.b

Pro

mot

e m

echa

nism

s fo

r rai

sing

cap

acity

for e

ffect

ive

clim

ate

chan

ge-r

elat

ed p

lann

ing

and

man

agem

ent i

n le

ast d

evel

oped

cou

ntrie

s an

dsm

all

isla

nd

de

velo

pin

g S

tate

s, i

ncl

ud

ing

focu

sin

g o

n w

om

en

, yo

uth

an

d l

oca

l a

nd

mar

gina

lized

com

mun

ities

14.2

By

2020

, sus

tain

ably

man

age

and

prot

ect

ma

rin

e a

nd

co

ast

al

eco

syst

em

s to

avo

idsi

gn

ifica

nt

ad

vers

e i

mp

act

s, i

ncl

ud

ing

by

stre

ngth

enin

g th

eir r

esili

ence

, and

take

act

ion

for t

heir

rest

orat

ion

in o

rder

to a

chie

ve h

ealth

yan

d pr

oduc

tive

ocea

ns

25. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

mai

ntai

n an

dst

reng

then

thei

r dis

tinct

ive

spiri

tual

rela

tions

hip

with

thei

r tr

aditi

onal

ly o

wne

d or

oth

erw

ise

occu

pied

and

used

land

s, te

rrito

ries,

wat

ers

and

coas

tal s

eas

and

othe

r re

sour

ces

and

to u

phol

d th

eir

resp

onsi

bilit

ies

tofu

ture

gen

erat

ions

in th

is re

gard

.

26.1

. Ind

igen

ous

peop

les

have

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

ch th

ey h

ave

trad

ition

ally

owne

d, o

ccup

ied

or o

ther

wis

e us

ed o

r acq

uire

d.

99

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

,de

velo

p an

d co

ntro

l the

land

s, te

rrito

ries

and

reso

urce

sth

at th

ey p

osse

ss b

y re

ason

of t

radi

tiona

l ow

ners

hip

or o

ther

trad

ition

al o

ccup

atio

n or

use

, as

wel

l as

thos

ew

hich

they

hav

e ot

herw

ise

acqu

ired.

14.5

By

2020

, con

serv

e at

leas

t 10

per c

ent o

fco

ast

al~

nd

ma

rin

e a

rea

s, c

on

sist

en

t w

ithna

tiona

l and

inte

rnat

iona

l law

and

bas

ed o

n th

ebe

st a

vaila

ble

scie

ntifi

c in

form

atio

n

Indi

cato

r

14.5

.1

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

ndth

e pr

oduc

tive

capa

city

of t

heir

land

s or

terr

itorie

s an

dre

sour

ces.

Sta

tes

shal

l es

tabl

ish

and

impl

emen

tas

sist

ance

pro

gram

mes

for

indi

geno

us p

eopl

es fo

rsu

ch

con

serv

ati

on

a

nd

p

rote

ctio

n,

wit

ho

ut

disc

rimin

atio

n.

14.b

Pro

vide

acc

ess

for

smal

l-sca

le a

rtis

anal

fishe

rs to

mar

ine

reso

urce

s an

d m

arke

ts26

.2 In

dige

nous

peo

ples

hav

e th

e rig

ht to

ow

n, u

se,

deve

lop

and

cont

rol t

he la

nds,

terr

itorie

s an

d re

sour

ces

that

they

pos

sess

by

reas

on o

f tra

ditio

nal o

wne

rshi

por

oth

er tr

aditi

onal

occ

upat

ion

or u

se, a

s w

ell a

s th

ose

whi

ch th

ey h

ave

othe

rwis

e ac

quire

d.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

ndth

e pr

oduc

tive

capa

city

of t

heir

land

s or

terr

itorie

s an

dre

sour

ces.

100

Sta

tes

sha

ll e

sta

blis

h a

nd

im

ple

me

nt

ass

ista

nce

pro

gra

mm

es

for

ind

ige

no

us

pe

op

les

for

such

cons

erva

tion

and

prot

ectio

n, w

ithou

t dis

crim

inat

ion.

15

.1 B

y 2

02

0,

en

sure

th

e c

on

serv

ati

on

,re

stor

atio

n an

d su

stai

nabl

e us

e of

tel

Test

rial

and

inla

nd f

resh

wat

er e

cosy

stem

s an

d th

eir

serv

ice

s, i

n p

art

icu

lar

fore

sts,

we

tla

nd

s,m

ount

ains

and

dry

land

s, in

line

with

obl

igat

ions

unde

r int

erna

tiona

l agr

eem

ents

26.1

. Ind

igen

ous

peop

les

have

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

ch th

ey h

ave

trad

ition

ally

owne

d, o

ccup

ied

or o

ther

wis

e us

ed o

r acq

uire

d.

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

,d

eve

lop

an

d c

on

tro

l th

e l

an

ds,

te

rrit

ori

es

an

dre

sour

ces

that

they

pos

sess

by

reas

on o

f tra

ditio

nal

owne

rshi

p or

oth

er tr

aditi

onal

occ

upat

ion

or u

se, a

sw

ell a

s th

ose

whi

ch th

ey h

ave

othe

rwis

e ac

quire

d.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

ndth

e pr

oduc

tive

capa

city

of t

heir

land

s or

terr

itorie

s an

dre

sour

ces.

Sta

tes

shal

l es

tabl

ish

and

impl

emen

tas

sist

ance

pro

gram

mes

for

indi

geno

us p

eopl

es fo

rsu

ch

con

serv

ati

on

a

nd

p

rote

ctio

n,

wit

ho

ut

disc

rimin

atio

n.

26.1

. Ind

igen

ous

peop

les

have

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

ch th

ey h

ave

trad

ition

ally

owne

d, o

ccup

ied

or o

ther

wis

e us

ed o

r acq

uire

d.

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

,d

eve

lop

an

d c

on

tro

l th

e l

an

ds,

te

rrit

ori

es

an

dre

sour

ces

that

they

pos

sess

by

reas

on o

f tra

ditio

nal

owne

rshi

p or

oth

er tr

aditi

onal

occ

upat

ion

or u

se, a

sw

ell a

s th

ose

whi

ch th

ey h

ave

othe

rwis

e ac

quire

d.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

ndth

e pr

oduc

tive

capa

city

of t

heir

land

s or

terr

itorie

s an

dre

sour

ces.

Sta

tes

shal

l es

tabl

ish

and

impl

emen

tas

sist

ance

pro

gram

mes

for

indi

geno

us p

eopl

es fo

rsu

ch

con

serv

ati

on

a

nd

p

rote

ctio

n,

wit

ho

ut

disc

rimin

atio

n.

101

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

15.2

By

2020

, pro

mot

e th

e im

plem

enta

tion

ofsu

stai

nabl

e m

anag

emen

t of a

ll ty

pes

of fo

rest

s,ha

lt de

fore

stat

ion,

rest

ore

degr

aded

fore

sts

and

sub

sta

nti

aIl

y in

cre

ase

aff

ore

sta

tio

n a

nd

refo

rest

atio

n gl

obal

ly

Indi

cato

r

15.2

.1

26.1

. Ind

igen

ous

peop

les

have

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

ch th

ey h

ave

trad

ition

ally

owne

d, o

ccup

ied

or o

ther

wis

e us

ed o

r acq

uire

d.

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

,d

eve

lop

an

d c

on

tro

l th

e l

an

ds,

te

rrit

ori

es

an

dre

sour

ces

that

they

pos

sess

by

reas

on o

f tra

ditio

nal

owne

rshi

p or

oth

er tr

aditi

onal

occ

upat

ion

or u

se, a

sw

ell a

s th

ose

whi

ch th

ey h

ave

othe

rwis

e ac

quire

d.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

ndth

e pr

oduc

tive

capa

city

of t

heir

land

s or

terr

itorie

s an

dre

sour

ces.

Sta

tes

shal

l es

tabl

ish

and

impl

emen

tas

sist

ance

pro

gram

mes

for

indi

geno

us p

eopl

es fo

rsu

ch

con

serv

ati

on

a

nd

p

rote

ctio

n,

wit

ho

ut

disc

rimin

atio

n.

102

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

15.3

By

2030

, com

bat d

eser

tific

atio

n, r

esto

rede

grad

ed la

nd a

nd s

oil,

incl

udin

g la

nd a

ffect

edby

des

ertif

icat

ion,

dro

ught

and

floo

ds, a

nd s

h’iv

eto

ach

ieve

a la

nd d

egra

datio

n-ne

utra

l wor

ld

26.1

. Ind

igen

ous

peop

les

have

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

ch th

ey h

ave

trad

ition

ally

owne

d, o

ccup

ied

or o

ther

wis

e us

ed o

r acq

uire

d.

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

,de

velo

p an

d co

ntro

l the

land

s, te

rrito

ries

and

reso

urce

sth

at th

ey p

osse

ss b

y re

ason

of t

radi

tiona

l ow

ners

hip

or o

ther

trad

ition

al o

ccup

atio

n or

use

, as

wel

l as

thos

ew

hich

they

hav

e ot

herw

ise

acqu

ired.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

nd th

epr

oduc

tive

capa

city

of

thei

r la

nds

or t

errit

orie

s an

dre

sou

rce

s. S

tate

s sh

all

est

ab

lish

an

d i

mp

lem

en

tas

sist

ance

pro

gram

mes

for i

ndig

enou

s pe

ople

s fo

r suc

hco

nser

vatio

n an

d pr

otec

tion,

with

out d

iscr

imin

atio

n.

103

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

15.4

By

2030

, en

sure

the

con

serv

atio

n of

mo

un

tain

e

cosy

ste

ms,

in

clu

din

g

the

irbi

odiv

ersi

ty, i

n or

der t

o en

hanc

e th

eir c

apac

ityto

pro

vid

e b

en

efit

s th

at

are

ess

en

tial

for

sust

aina

ble

deve

lopm

ent

Indi

cato

r

15.4

.1

15.4

.2

26.1

. Ind

igen

ous

peop

les

have

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

ch th

ey h

ave

trad

ition

ally

owne

d, o

ccup

ied

or o

ther

wis

e us

ed o

r acq

uire

d.

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

,de

velo

p an

d co

ntro

l the

land

s, te

rrito

ries

and

reso

urce

sth

at th

ey p

osse

ss b

y re

ason

of t

radi

tiona

l ow

ners

hip

or o

ther

trad

ition

al o

ccup

atio

n or

use

, as

wel

l as

thos

ew

hich

they

hav

e ot

herw

ise

acqu

ired.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

nd th

epr

oduc

tive

capa

city

of

thei

r la

nds

or t

errit

orie

s an

dre

sou

rce

s. S

tate

s sh

all

est

ab

lish

an

d i

mp

lem

en

tas

sist

ance

pro

gram

mes

for i

ndig

enou

s pe

ople

s fo

r suc

hco

nser

vatio

n an

d pr

otec

tion,

with

out d

iscr

imin

atio

n.

104

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

15

.5 T

ake

urg

en

t a

nd

sig

nifi

can

t a

ctio

n t

ore

duce

the

degr

adat

ion

of n

atur

al h

abita

ts, h

alt

the

loss

of

biod

iver

sity

and

, by

202

0, p

rote

ctan

d pr

even

t the

ext

inct

ion

of th

reat

ened

spe

cies

Indi

cato

r

15.5

.1

26.1

. Ind

igen

ous

peop

les

have

the

right

to th

e la

nds,

terr

itorie

s an

d re

sour

ces

whi

ch th

ey h

ave

trad

ition

ally

owne

d, o

ccup

ied

or o

ther

wis

e us

ed o

r acq

uire

d.

26.2

. Ind

igen

ous

peop

les

have

the

right

to o

wn,

use

,de

velo

p an

d co

ntro

l the

land

s, te

rrito

ries

and

reso

urce

sth

at th

ey p

osse

ss b

y re

ason

of t

radi

tiona

l ow

ners

hip

or o

ther

trad

ition

al o

ccup

atio

n or

use

, as

wel

l as

thos

ew

hich

they

hav

e ot

herw

ise

acqu

ired.

29

.1 I

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to t

he

cons

erva

tion

and

prot

ectio

n of

the

envi

ronm

ent a

nd th

epr

oduc

tive

capa

city

of

thei

r la

nds

or t

errit

orie

s an

dre

sou

rce

s. S

tate

s sh

all

est

ab

lish

an

d i

mp

lem

en

tas

sist

ance

pro

gram

mes

for i

ndig

enou

s pe

ople

s fo

r suc

hco

nser

vatio

n an

d pr

otec

tion,

with

out d

iscr

imin

atio

n.

105

29.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

no

stor

age

or d

ispo

sal o

f haz

ardo

us m

ater

ials

sha

llta

ke p

lace

in

the

land

s or

ter

ritor

ies

of i

ndig

enou

spe

ople

s w

ithou

t the

ir fr

ee, p

rior a

nd in

form

ed c

onse

nt.

15.6

Pro

mot

e fa

ir an

d eq

uita

ble

shar

ing

of th

ebe

nefit

s ar

isin

g fi’

om th

e ut

iliza

tion

of g

enet

icre

sour

ces

and

prom

ote

appr

opria

te a

cces

s to

such

reso

urce

s, a

s in

tem

atio

nally

agr

eed

31.1

Ind

igen

ous

peop

les

have

the

rig

ht t

o m

aint

ain,

cont

rol,

prot

ect

and

deve

lop

thei

r cu

ltura

l he

ritag

e,tr

ad

itio

na

l kn

ow

led

ge

an

d t

rad

itio

na

l cu

ltu

ral

expr

essi

ons,

as

wel

l as

the

man

ifest

atio

ns o

f th

eir

scie

nces

, tec

hnol

ogie

s an

d cu

lture

s, in

clud

ing

hum

anan

d ge

netic

reso

urce

s, s

eeds

, med

icin

es, k

now

ledg

eof

the

pro

pert

ies

of f

auna

and

flo

ra,

oral

tra

ditio

ns,

liter

atur

es, d

esig

ns, s

port

s an

d tr

aditi

onal

gam

es a

ndvi

sual

and

per

form

ing

arts

. The

y al

so h

ave

the

right

tom

aint

ain,

con

trol

, pro

tect

and

dev

elop

thei

r int

elle

ctua

lp

rop

ert

y o

ver

such

cu

ltu

ral

he

rita

ge

, tr

ad

itio

na

lkn

owle

dge,

and

trad

ition

al c

ultu

ral e

xpre

ssio

ns.

15.a

Mob

ilize

and

sig

nific

antly

incr

ease

fina

ncia

lre

sour

ces

from

all

sour

ces

to c

onse

rve

and

sust

aina

bly

use

biod

iver

sity

and

eco

syst

ems

Indi

cato

r

15.a

.1

39. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

hav

e ac

cess

to fi

nanc

ial a

nd te

chni

cal a

ssis

tanc

e fr

om S

tate

s an

dth

roug

h in

tern

atio

nal c

oope

ratio

n, fo

r the

enj

oym

ent o

fth

e rig

hts

cont

aine

d in

this

Dec

lara

tion.

106

39. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

hav

e ac

cess

to fi

nanc

ial a

nd te

chni

cal a

ssis

tanc

e fr

om S

tate

s an

dth

roug

h in

tern

atio

nal c

oope

ratio

n, fo

r the

enj

oym

ent o

fth

e rig

hts

cont

aine

d in

this

Dec

lara

tion.

15.b

Mob

ilize

sig

nific

ant

reso

urce

s fr

om a

llso

urce

s an

d at

all

leve

ls to

fina

nce

sust

aina

ble

fore

st m

anag

emen

t an

d pr

ovid

e ad

equa

tein

cent

ives

to d

evel

opin

g co

untr

ies

to a

dvan

cesu

ch m

anag

emen

t, in

clud

ing

for c

onse

lvat

ion

and

refo

rest

atio

n

15.c

Enh

ance

glo

bal

supp

ort

for

effo

rts

toco

mba

t poa

chin

g an

d tr

affic

king

of p

rote

cted

spec

ies,

incl

udin

g by

incr

easi

ng th

e ca

paci

tyof

loc

al c

omm

uniti

es t

o pu

rsue

sus

tain

able

livel

ihoo

d op

port

uniti

es

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r pol

itica

l, ec

onom

ic a

nd s

ocia

l sys

tem

s or

inst

itutio

ns, t

o be

sec

ure

in th

e en

joym

ent o

f the

ir ow

nm

eans

of s

ubsi

sten

ce a

nd d

evel

opm

ent,

and

to e

ngag

efre

ely

in a

ll th

eir t

radi

tiona

l and

oth

er e

cono

mic

act

iviti

es.

20.2

. In

dige

nous

peo

ples

dep

rived

of

thei

r m

eans

of

subs

iste

nce

and

deve

lopm

ent a

re e

ntitl

ed to

just

and

fair

redr

ess.

16.1

Sig

nific

antly

redu

ce a

ll fo

r111

s of

vio

lenc

ean

d re

late

d de

ath

rate

s ev

eryw

here

Indi

cato

r

16.1

.1

16.1

.2

7.1

Indi

geno

us in

divi

dual

s ha

ve th

e rig

hts

to li

fe, p

hysi

cal

and

men

tal i

nteg

rity,

libe

rty

and

secu

rity

of p

erso

n.

7.2.

Indi

geno

us p

eopl

es h

ave

the

colle

ctiv

e rig

ht to

live

in fr

eedo

m, p

eace

and

sec

urity

as

dist

inct

peo

ples

and

shal

l not

be

subj

ecte

d to

any

act

of

geno

cide

or

any

othe

r act

of v

iole

nce,

incl

udin

g fo

rcib

ly re

mov

ing

child

ren

of th

e gr

oup

to a

noth

er g

roup

.

107

22.2

Sta

tes

shal

l tak

e m

easu

res,

in c

onju

nctio

n w

ithin

dige

nous

peo

ples

, to

ensu

re th

at in

dige

nous

wom

enan

d ch

ildre

n en

joy

the

full

prot

ectio

n an

d gu

aran

tees

agai

nst a

ll fo

rms

of v

iole

nce

and

disc

rimin

atio

n.

16.2

End

abu

se,

expl

oita

tion,

tra

ffick

ing

and

all

form

s of

vio

lenc

e ag

ains

t an

d to

rtur

e of

child

ren

Indi

cato

r

16.2

.1

16.2

.2

7.1

Indi

geno

us in

divi

dual

s ha

ve th

e rig

hts

to li

fe, p

hysi

cal

and

men

tal i

nteg

rity,

libe

rty

and

secu

rity

of p

erso

n.

7.2.

Indi

geno

us p

eopl

es h

ave

the

colle

ctiv

e rig

ht to

live

in fr

eedo

m, p

eace

and

sec

urity

as

dist

inct

peo

ples

and

shal

l not

be

subj

ecte

d to

any

act

of

geno

cide

or

any

othe

r act

of v

iole

nce,

incl

udin

g fo

rcib

ly re

mov

ing

child

ren

of th

e gr

oup

to a

noth

er g

roup

.

17.2

Sta

tes

shal

l in

cons

ulta

tion

and

coop

erat

ion

with

indi

geno

us p

eopl

es ta

ke s

peci

fic m

easu

res

to p

rote

ctin

dige

nous

chi

ldre

n fro

m e

cono

mic

exp

loita

tion

and

from

perf

orm

ing

any

wor

k th

at is

like

ly to

be

haza

rdou

s or

toin

terf

ere

with

the

child

’s e

duca

tion,

or t

o be

har

mfu

l to

the

child

’s h

ealth

or

phys

ical

, men

tal,

spiri

tual

, mor

alor

soc

ial d

evel

opm

ent,

taki

ng in

to a

ccou

nt th

eir s

peci

alvu

lner

abili

ty a

nd th

e im

port

ance

of e

duca

tion

for t

heir

empo

wer

men

t.

108

22.2

Sta

tes

shal

l tak

e m

easu

res,

in c

onju

nctio

n w

ithin

dige

nous

peo

ples

, to

ensu

re th

at in

dige

nous

wom

enan

d ch

ildre

n en

joy

the

full

prot

ectio

n an

d gu

aran

tees

agai

nst a

ll fo

rms

of v

iole

nce

and

disc

rimin

atio

n.

16.7

Ens

ure

resp

onsi

ve, i

nclu

sive

, pat

1ici

pato

ryan

d re

pres

enta

tive

deci

sion

-mak

ing

at a

ll le

vels

Indi

cato

r

16.7

.1

5. In

dige

nous

peo

ples

hav

e th

e rig

ht to

mai

ntai

n an

dst

reng

then

thei

r dis

tinct

pol

itica

l, le

gal,

econ

omic

, soc

ial

and

cultu

ral i

nstit

utio

ns,

whi

le r

etai

ning

the

ir rig

ht t

opa

rtic

ipat

e fu

lly,

if th

ey s

o ch

oose

, in

the

pol

itica

l,ec

onom

ic, s

ocia

l and

cul

tura

l life

of t

he S

tate

.

18. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

par

ticip

ate

inde

cisi

on-m

akin

g in

mat

ters

whi

ch w

ould

affe

ct t

heir

right

s, th

roug

h re

pres

enta

tives

cho

sen

by th

emse

lves

in a

ccor

danc

e w

ith th

eir o

wn

proc

edur

es, a

s w

ell a

s to

mai

ntai

n an

d de

velo

p th

eir

own

indi

geno

us d

ecis

ion

mak

ing

inst

itutio

ns.

16.9

By

2030

, pr

ovid

e le

gal

iden

tity

for

all,

incl

udin

g bi

rth

regi

stra

tion

Indi

cato

r

16.9

.1

6.

Eve

ry i

nd

ige

no

us

ind

ivid

ua

l h

as

the

rig

ht

to a

natio

nalit

y.

33.1

Indi

geno

us p

eopl

es h

ave

the

right

to d

eter

min

eth

eir

own

iden

tity

or m

embe

rshi

p in

acc

orda

nce

with

thei

r cu

stom

s an

d tr

aditi

ons.

109

Thi

s do

es n

ot im

pair

the

right

of i

ndig

enou

s in

divi

dual

sto

obt

ain

citiz

ensh

ip o

f the

Sta

tes

in w

hich

they

live

.

16.1

0 E

nsur

e pu

blic

acc

ess

to in

form

atio

n an

dpr

otec

t fun

dam

enta

l fre

edom

s, in

acc

orda

nce

with

na

tion

al

leg

isla

tion

an

d i

nte

rna

tion

al

agre

emen

ts

7.1

Indi

geno

us in

divi

dual

s ha

ve th

e rig

hts

to li

fe, p

hysi

cal

and

men

tal i

nteg

rity,

libe

rty

and

secu

rity

of p

erso

n.

16.1

Indi

geno

us p

eopl

es h

ave

the

right

to e

stab

lish

thei

row

n m

edia

in th

eir o

wn

lang

uage

s an

d to

hav

e ac

cess

to a

ll f

orm

s o

f n

on

-in

dig

en

ou

s m

ed

ia w

ith

ou

tdi

scrim

inat

ion.

16.2

Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s to

ens

ure

that

Sta

te-o

wne

d m

edia

dul

y re

flect

ind

igen

ous

cultu

ral

dive

rsity

. Sta

tes,

with

out p

reju

dice

to e

nsur

ing

full f

reed

omof

exp

ress

ion,

sho

uld

enco

urag

e p

rivat

ely

owne

d m

edia

to a

dequ

atel

y re

flect

indi

geno

us c

ultu

ral d

iver

sity

16.b

Pro

mot

e an

d en

forc

e no

n-di

scrim

inat

ory

law

s an

d po

licie

s fo

r sus

tain

able

dev

elop

men

t

Indi

cato

r

16.b

.1

3.

Ind

ige

no

us

pe

op

les

ha

ve t

he

rig

ht

to s

elf

-d

ete

rmin

atio

n.

By

virt

ue

of

tha

t ri

gh

t th

ey

fre

ely

dete

rmin

e th

eir p

oliti

cal s

tatu

s an

d fr

eely

pur

sue

thei

re

con

om

ic,

soci

al

an

d c

ultu

ral

de

velo

pm

en

t.so

cia

lse

curi

ty.

110

21.2

. Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s an

d, w

here

appr

opria

te,

spec

ial

mea

sure

s to

ens

ure

cont

inui

ngim

prov

emen

t of t

heir

econ

omic

and

soc

ial c

ondi

tions

.P

artic

ular

atte

ntio

n sh

all b

e pa

id to

the

right

s an

d sp

ecia

lne

eds

of in

dige

nous

eld

ers,

wom

en, y

outh

, chi

ldre

n an

dpe

rson

s w

ith d

isab

ilitie

s.

5. In

dige

nous

peo

ples

hav

e th

e rig

ht to

mai

ntai

n an

dst

reng

then

thei

r dis

tinct

pol

itica

l, le

gal,

econ

omic

, soc

ial

and

cultu

ral

inst

itutio

ns,

whi

le r

etai

ning

the

ir rig

ht t

opa

rtic

ipat

e fu

lly,

if th

ey s

o ch

oose

, in

the

pol

itica

l,ec

onom

ic, s

ocia

l and

cul

tura

l life

of t

he S

tate

.

15

.2 S

tate

s sh

all

ta

ke e

ffe

ctiv

e m

ea

sure

s, i

nco

nsu

ltatio

n a

nd

co

op

era

tion

with

th

e i

nd

ige

no

us

peop

les

conc

erne

d, to

com

bat p

reju

dice

and

elim

inat

edi

scrim

inat

ion

and

to p

rom

ote

tole

ranc

e, u

nder

stan

ding

and

good

rela

tions

am

ong

indi

geno

us p

eopl

es a

nd a

llot

her

segm

ents

of s

ocie

ty.

20.1

Indi

geno

us p

eopl

es h

ave

the

right

to m

aint

ain

and

deve

lop

thei

r pol

itica

l, ec

onom

ic a

nd s

ocia

l sys

tem

s or

inst

itutio

ns, t

o be

sec

ure

in th

e en

joym

ent o

f the

ir ow

n

111

17.3

Mob

ilize

add

ition

al fi

nanc

ial r

esou

rces

for

deve

lopi

ng c

ount

ries

from

mul

tiple

sou

rces

Indi

cato

r

17.3

.1

39. I

ndig

enou

s pe

ople

s ha

ve th

e rig

ht to

hav

e ac

cess

to f

inan

cial

and

tec

hnic

al a

ssis

tanc

e fr

om S

tate

s an

dth

roug

h in

tern

atio

nal c

oope

ratio

n, fo

r the

enj

oym

ent o

fth

e rig

hts

cont

aine

d in

this

Dec

lara

tion.

mea

ns o

f sub

sist

ence

and

dev

elop

men

t, an

d to

eng

age

free

ly in

all

thei

r tra

ditio

nal a

nd o

ther

eco

nom

ic a

ctiv

ities

.

20.2

. In

dige

nous

peo

ples

dep

rived

of

thei

r m

eans

of

subs

iste

nce

and

deve

lopm

ent a

re e

ntitl

ed to

just

and

fair

redr

ess.

21

.1 i

nd

ige

no

us

pe

op

les

ha

ve t

he

rig

ht,

wit

ho

ut

disc

rimin

atio

n, to

the

impr

ovem

ent o

f the

ir ec

onom

ic a

ndso

cial

con

ditio

ns,

incl

udin

g, i

nter

alia

, in

the

are

as o

fed

ucat

ion,

em

ploy

men

t, vo

catio

nal t

rain

ing

and

retra

inin

g,ho

usin

g, s

anita

tion,

hea

lth a

nd s

ocia

l sec

urity

.

21.2

. Sta

tes

shal

l tak

e ef

fect

ive

mea

sure

s an

d, w

here

appr

opria

te,

spec

ial

mea

sure

s to

ens

ure

cont

inui

ngim

prov

emen

t of t

heir

econ

omic

and

soc

ial c

ondi

tions

.P

artic

ular

atte

ntio

n sh

all b

e pa

id to

the

right

s an

d sp

ecia

lne

eds

of in

dige

nous

eld

ers,

wom

en, y

outh

, chi

ldre

n an

dpe

rson

s w

ith d

isab

ilitie

s.

112

Ann

ex 2

. Log

fram

e m

atrix

of t

he p

roje

ct.IW

GIA

/ GP

GC

201

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9-27

6. M

AK

ING

TH

E S

DG

s W

OR

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OR

IND

IGE

NO

US

PE

OP

LES

: Pro

mot

ing

indi

geno

us p

eopl

es’ h

uman

dev

elop

men

t and

soc

ial i

nclu

sion

An

nex

2. L

og

fram

e m

atri

x o

f th

e p

roje

ct. I

WG

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PG

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MA

KIN

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HE

SD

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WO

RK

FO

R IN

DIG

EN

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EO

PL

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: P

rom

oti

ng

ind

igen

ou

s p

eop

les’

hu

man

dev

elo

pm

ent

and

so

cial

incl

usi

on

in th

e

Ove

rall

ob

ject

ive/

Imp

act

The

ove

rall

obje

ctiv

e of

the

actio

n is

to c

ontr

ibut

eto

the

hum

ande

velo

pmen

tan

d so

cial

incl

usio

n of

indi

geno

uspe

ople

s in

the

cont

ext o

f the

impl

emen

tatio

nof

the

2030

Age

nda

for

Sus

tain

able

Dev

elop

men

t.

Inte

rven

tio

nlo

gic

Impr

oved

hum

ande

velo

pmen

tin

dica

tors

for

indi

geno

uspe

ople

s(H

ealth

,ed

ucat

ion

and

empl

oym

ent)

and

redu

ced

ineq

ualit

y an

ddi

scrim

inat

ion

agai

nst

indi

geno

us

Ind

icat

ors

Tech

nica

lB

asel

ine

Doc

umen

tT

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bas

edon

indi

geno

usna

viga

tor

surv

eys

cond

ucte

dun

der t

heE

IDH

Rpr

ojec

t in

the

initi

al p

hase

of im

plem

en-

tatio

n

The

targ

ets

for e

ach

coun

try

will

be s

et d

urin

gth

e in

itial

phas

e of

impl

emen

ta-

tion

and

rela

ted

to th

eel

abor

atio

n of

indi

geno

usst

rate

gies

for

how

to m

ake

the

SD

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wor

k

Bas

elin

es(i

ncl

. ref

er-

ence

yea

r)

Targ

ets

(in

cl.

refe

ren

ceye

ar)

So

urc

es a

nd

mea

ns

of

veri

fica

tio

n

Ass

ump-

tions

IP S

I1.M

oV:

Indi

geno

usN

avig

ator

data

base

Indi

geno

uspe

ople

s’al

lies

in th

ein

tern

atio

nal

SD

G p

roce

ssw

ill c

ontin

ueto

sup

port

and

prom

ote

thei

r is

sues

Nat

iona

l fac

tsh

eets

prod

uced

unde

r the

EID

HR

gra

nt

A s

uppo

rtiv

epo

litic

alen

viro

nmen

tis

mai

ntai

ned

in th

eim

plem

enta

tion

coun

trie

s

113

peo

ples

tobe

def

ined

in

the

initi

alph

ase

ofim

plem

enta

tion

for i

ndig

enou

spe

ople

s(s

uppo

rted

unde

r com

po-

nent

2 of

the

GP

GC

proj

ect

Nat

iona

l and

loca

lin

dige

nous

stra

tegi

es o

nS

DG

impl

emen

tatio

npr

oduc

edun

der

com

pone

nt 1

and

2

Nat

iona

lbu

dget

s an

din

tern

atio

alfu

nds

will

be

set a

side

toim

plem

ent

SD

Gs

incl

udin

g fo

rin

dige

nous

peop

les

inta

rget

coun

trie

sIn

dige

nous

natio

nal a

ndlo

cal

orga

nisa

tions

find

the

2030

agen

dare

leva

nt to

adre

ss

Glo

bal,

regi

onal

and

natio

nal

mon

itorin

gre

port

s of

the

SD

Gs

114

Sp

ecif

ico

bje

ctiv

es /

Out

com

es

Oc

1:

Ind

ig-

enou

s pe

ople

s’s

elf

-de

ter-

min

ed

, su

s-ta

ina

ble

hu

-m

an d

evel

op-

men

t has

bee

nop

erat

iona

lized

and

indi

geno

usco

mm

un

itie

s’ac

cess

to

so-

cia

l se

rvic

es

and

soci

al p

ro-

tect

ion,

in

ac-

cord

ance

with

thei

r ow

n va

l-ue

s an

d de

vel-

opm

ent a

spira

-ti

on

s,

ha

sb

ee

n

faci

li-

tate

d, th

roug

hca

paci

ty b

uild

-in

g an

d lo

cally

de

fin

ed

pilo

tin

itiat

ives

OcI

1.1

: Num

-b

er

of

ind

ig-

en

ou

s ta

rge

tco

mm

un

itie

sw

ho s

ee

im-

prov

emen

t in

acce

ss t

o so

-ci

al

serv

ice

san

d co

nsid

erth

at th

eir l

ocal

go

vern

me

nts

de

live

r sa

tis-

fact

ory

soci

alse

rvic

es

an

dso

cial

pro

tec-

tion

Oc

1.

1.

Bas

elin

e: T

BD

as

an

o

ut-

com

e of

com

-m

un

ity

sur-

veys

in ta

rget

com

mu

nit

ies

carr

ied

o

ut

un

de

r th

eE

IDH

R

fi-

na

nce

d I

LO

proj

ect,

Oc1

.1. T

arge

t:T

BD

d

uri

ng

the

ince

ptio

np

er

io

d

OC

1.I

.1M

oV

Ind

ige

no

us

Nav

igat

or D

ata

&

Pro

ject

M&

E s

yste

mto

be

desi

gned

durin

g pr

ojec

tin

ce

pti

on

.

Impl

emen

ters

of C

ompo

nent

1&2

and

Com

-p

on

en

t 3

re

-sp

ectiv

ely

are

wil

lin

g

an

dab

le t

o co

op-

erat

e, c

oord

i-na

te a

nd m

u-tu

ally

rein

forc

ee

ach

oth

ers

’ac

tiviti

es

115

Oc

2.I

nd

ig-

en

ou

s ta

rge

tco

mm

un

itie

sha

ve li

nked

ef-

fect

ivel

y w

ithlo

cal

gove

rn-

me

nts

’ p

lan

-ni

ng- a

nd s

er-

vice

-de

live

ryp

roce

sse

s in

rele

vant

soc

ial

sect

ors

su

chas

food

sov

er-

eign

ty, h

ealth

,ed

ucat

ion

and

vo

ca

tio

na

ltr

ain

ing

(in

-cl

udin

g in

tra-

ditio

nal

occu

-p

at

io

na

lsk

ills)

, so

cial

prot

ectio

n (in

-cl

udin

g te

nure

OcI

.2.1

: Num

-b

er

of

loca

lg

ove

rnm

en

tsin

targ

et a

reas

tha

t in

clu

de

soci

al

de

vel-

op

me

nt

ind

i-ca

tors

dis

ag-

gre

ga

ted

fo

rin

dig

en

ou

sp

eo

ple

s in

the

ir

SD

Gim

ple

me

nta

-ti

on

p

lan

s/pr

ogra

mm

es.

Oc2

.1.

Bas

elin

e: 0

Oc2

.1.

Tar-

get:

TB

D d

ur-

ing

the

ince

p-tio

n pe

riod

OC

1.2

.Mo

V:

Co

pie

s o

fim

ple

me

nta

-tio

n pl

ans

and

pro

gra

mm

es

by l

ocal

gov

-e

rnm

en

ts i

nta

rge

t a

rea

sto

be

refe

rred

to i

n fin

al r

e-po

rts

Lo

cal

du

ty-

be

are

s a

reaw

are

of a

nde

ng

ag

ed

in

the

S

DG

impl

emen

ta-

tion

OcI

2.2

:N

umbe

r of

refe

renc

es t

oin

dig

en

ou

spe

ople

s’si

tua

tio

n

inS

DG

Oc2

.2B

asel

ine:

0

Oc2

.2.

Targ

et: T

BD

durin

g th

ein

cept

ion

perio

d

OC

1.3.

MoV

:C

opie

s of

mon

itorin

gan

d pr

ogre

ssre

port

on

SD

Gim

plem

entta

ion

The

pol

itica

len

viro

nmen

tin

targ

etm

unic

ipal

ities

or o

ther

rele

vant

polit

ial

116

secu

rity

), a

c-ti

ve

lab

ou

rm

ark

et

me

a-

sure

s (in

clud

-in

g en

hanc

ing

trad

ition

al o

c-cu

patio

n), e

n-e

rgy,

wa

ter,

etc.

mon

itorin

gre

po

rts

fro

mlo

cal

gove

rnm

ents

in ta

rget

area

s

adm

inis

trat

ive

entit

ies

will

be f

avou

rabl

eto

the

actio

n

from

loca

lgo

vern

men

tsin

targ

etar

eas

to b

ein

clud

ed a

san

nexe

s or

refe

rece

s in

final

repo

rts.

Exp

ecte

dre

sults

/O

utpu

ts

Op.

1.1.

Ind

ig-

en

ou

s m

en

and

wom

en in

targ

et c

omm

u-n

itie

s h

ave

know

ledg

e an

dca

pa

city

to

iden

tify

and

pri-

ori

tize

th

eir

ne

ed

s a

nd

ha

ve

ela

bo

-ra

ted

p

lan

san

d pr

opos

als

OpI

.1.1

.Num

ber

of

com

mu

ni-

ties

with

con

-cr

ete

prop

os-

als

for

how

to

ad

ress

se

lf-

iden

tifie

d hu

-m

an d

evel

op-

me

nt

ne

ed

sw

ith th

e us

e of

ind

ige

no

us

navi

gato

r dat

a

Op1

.1.

Bas

elin

e: 0

Op1

.1.T

arge

t:B

y 20

20, 6

6in

dige

nous

com

mun

ities

have

pre

-se

nted

conc

rete

pilo

tpr

ojec

tpr

opos

als.

R1.

1.M

oV:

Cop

ies

ofpi

lot p

roje

ctpr

opos

als,

wor

ksho

pre

port

s to

be

subm

itted

by

natio

nal

part

ners

afte

rw

orks

hop

com

plet

ion.

Targ

etco

mm

uniti

esw

ill a

ctiv

ely

enga

ge in

part

icip

ator

yre

flect

ion

and

plan

ning

117

for

self-

dete

r-m

ined

sus

tain

-ab

le d

evel

op-

men

t

Op

1.2.

Indi

geno

usco

mm

unity

lead

ers

and

loca

l ind

ig-

enou

sau

thor

ities

inta

rget

com

mun

ities

are

awar

e of

thei

r rig

hts

tore

ceiv

ead

equa

teso

cial

serv

ices

and

prot

ectio

nfr

om th

eS

tate

OpI

.1.2

.N

umbe

r of

com

mun

ityle

ader

s an

dlo

cal i

ndig

-en

ous

auth

oriti

es(m

en a

ndw

omen

)tr

aine

d ab

out

thei

r rig

hts,

SD

Gs

and

othe

r rel

-ev

ant p

ublic

polic

ies

and

budg

ets,

mon

itorin

gan

d ad

vo-

cacy

ski

lls

Op1

.2.

Bas

elin

e: 0

Op1

.2.T

arge

t:.B

y 20

20 a

tle

ast 4

50lo

cal

indi

geno

usau

thor

ities

and/

orco

mm

unity

lead

ers

train

ed

R1.

1.M

oV:

List

of

part

icip

ants

,w

orks

hop

repo

rts,

ques

tiona

ires

by p

artic

i-pa

nts

trai

ned,

copi

es o

ftr

aini

ng a

ndin

form

atio

nm

ater

ials

.C

opie

s of

advo

cacy

stra

tegi

esan

d m

ater

ial.

To b

e

Indi

geno

usco

mm

unity

lead

ers

and

loca

l aut

hori-

ties

are

inte

rest

edan

d w

illin

gto

par

tici-

pate

intr

aini

ng a

ndfin

d th

eto

pics

rele

vant

and

enga

ging

. It

is p

osib

le to

acce

ssin

form

atio

nab

out

118

(in

pa

rtic

ula

rw

ithin

the

ar-

eas

prio

ritiz

edby

the

tar

get

com

mun

ities

)an

d ha

ve t

hesk

ills

a

nd

str

ate

gie

sne

cess

ary

tom

on

ito

r a

nd

cla

im

the

irrig

hts

incl

uded

inpr

ojec

tre

ports

subm

ittet

year

ly b

yna

tiona

lpa

rtner

/co

untr

y le

ad.

rele

vant

publ

icpo

licie

s an

dbu

dget

s.

Op.

1.3.

Inn

o-va

tive

a

p-

pro

ach

es

toad

dres

s se

lf-id

entif

ied

hu-

man

dev

elop

-m

ent n

eeds

of

ind

ige

no

us

com

mu

niti

es

have

bee

n pi

-lo

ted.

OpI

.1.3

. T

hen

um

be

r o

fbe

nefic

iari

esof

pilo

t in

itia-

tives

per

hu-

man

dev

elop

-m

en

t su

b-

sect

or/

SD

Gta

rge

t)

inea

ch c

ount

ry

Op1

.3.

Bas

elin

e: 0

Op1

.3.T

arge

t::

TB

D d

urin

gin

ce

pti

on

ph

as

e

Op

1

.3.

Mo

V:P

roje

ctac

tity

repo

rts,

co

mm

un

ity

base

d ev

alua

-tio

ns P

roje

ct-

pro

gre

ss r

e-

po

rts,

m

id-

term

re

vie

wa

nd

eva

lua

-tio

n r

ep

ort

s.

Fun

ds w

ill b

esu

ffic

ien

t to

pilo

t in

nova

-tiv

e so

lutio

nsa

nd

lo

cal

com

mun

ities

will

act

ive

lyen

gage

in th

epl

anni

ng a

ndim

ple

me

nta

-tio

n

119

Op.

2.1.

Coo

pera

tion

betw

een

loca

lin

dige

nous

com

mun

ities

and

loca

lgo

vern

men

t-ag

enci

es h

asbe

en e

stab

-lis

hed

oren

hanc

ed in

targ

et a

reas

in 1

1 co

un-

trie

s in

Lat

inA

mer

ica,

Afr

ica

and

Asi

a

OpI

.2.1

The

num

ber o

fM

oU o

r oth

erty

pes

ofco

mm

itmen

tses

tabl

ishe

dbe

twee

nin

dige

nous

com

mun

ities

/loca

lor

gani

satio

nsan

d lo

cal

gove

rnm

ents

/ ser

vice

prov

ider

s

Op

2.1.

Bas

elin

esw

ill b

eid

entif

ied

durin

g th

ein

cept

ion

perio

d

Op2

.1.T

arge

t:: T

BD

dur

ing

ince

ptio

nph

ase

Op.

2.1.

MoV

:M

inut

es fr

omdi

alog

uein

itiat

ives

and

MoU

. To

be in

clud

edin

yea

rlypr

ojec

t-pr

ogre

ssre

port

s by

part

ners

, and

in m

id-t

erm

revi

ew a

ndev

alua

tion

repo

rts

byex

tern

alco

nsul

tant

s.

The

pol

itica

len

viro

nmen

tin

targ

etm

unic

ipal

i-tie

s or

oth

erre

leva

ntpo

litia

lad

min

istr

a-tiv

e en

titie

sw

ill b

efa

vour

able

toth

e ac

tion

and

will

ing

toen

gage

indi

alog

ue

120

Op.

2.2

Less

ons

lear

ned

from

right

s-ba

sed,

cultu

rally

adeq

uate

and

part

icip

ator

ypi

lot p

roje

cts

in in

dige

nous

com

mun

ities

have

bee

ndo

cum

ente

dan

d br

ough

tto

the

atte

n-tio

n of

rel-

evan

t loc

alan

d na

tiona

lde

velo

pmen

tpl

anne

rs a

ndpo

licy-

mak

ers

(gov

ernm

ent

and

non-

gove

rnm

ent

OpI

. 2.2

.N

umbe

r of

publ

ic e

vent

s(m

eetin

gs,

radi

o pr

o-gr

ams

etc.

),pe

r tar

get

area

and

coun

try,

whe

rele

sson

sle

arne

d an

dpr

opos

als

for

polic

ych

ange

hav

ebe

en p

re-

sent

ed to

polic

y-m

aker

s at

loca

l and

natio

nal l

evel

Op.

2.2.

Bas

elin

e: 0

Op

2.2:

At

leas

t one

prod

uct

(vid

eo, p

odca

st, r

epor

t)an

d on

eev

ent p

erta

rget

are

a.

Op

2.2.

MoV

:C

omm

unic

a-tio

n st

rate

-gi

es, i

nvita

-tio

ns,

list

ofpa

rtic

ipan

ts,

pres

sst

atem

ents

,pr

ess

clip

ping

s,so

cial

med

ia,

copi

es o

fre

port

s, p

odca

sts,

vide

os,

info

rgra

phic

san

d ot

her

com

mun

ica-

tion

prod

-uc

ts. T

o be

colle

cted

and

subm

itted

by

Tech

nica

lca

paci

tyav

aila

ble

todo

cum

ent

resu

lst a

ndre

ach

out t

odu

ty b

eare

rsan

d st

ake-

hold

ers

inre

leva

nt fo

raan

d m

edia

121

acto

rs)

enga

ged

with

soci

alpr

otec

tion

and

serv

ice

deliv

ery

and

plan

ning

of

SD

G-

impl

emen

ta-

tion

in th

ere

leva

ntse

ctor

s.

natio

nal

part

ners

inye

arly

prog

ress

repo

rts.

Act

iviti

es

Wh

at a

re th

e ke

y ac

tivi

ties

to b

e ca

rrie

do

ut,

to p

rod

uce

the

ou

tpu

ts?

A 1

.1.1

. –

“ P

art

icip

ato

ry c

om

mu

nit

yw

orks

hops

to

iden

tify

and

prio

ritiz

e ne

eds

and

deve

lop

conc

rete

pro

ject

pro

posa

l “

(rel

ated

to O

p 1.

1.)

A 1

.2.1

. – “T

rain

ing

wor

ksho

ps fo

r com

mun

ityle

ader

s an

d lo

cal i

ndig

enou

s au

thor

ities

on

mon

itorin

g of

pub

lic p

olic

ies

and

budg

ets

and

Mea

ns:

Wh

at a

re th

em

ean

s re

qu

ired

to im

ple

-m

ent t

hes

e ac

tivi

ties

, e. g

.st

aff,

eq

uip

men

t, tr

ain

ing

,st

ud

ies,

su

pp

lies,

op

era-

tio

nal

faci

litie

s, e

tc.

• S

taff

at c

ount

ry le

ad H

Qan

d na

tiona

l par

tner

offi

ce•

Ext

erna

l con

sulta

nts

• F

unds

to im

plem

ent p

ilot

Fact

ors

outs

ide

proj

ect

man

agem

ent’s

con

tro

l th

atm

ay im

pac

to

n th

eou

tput

-ou

tcom

elin

kag

e.

122

lobb

ying

of l

ocal

gov

ernm

ents

for p

olic

y an

dpr

ogra

mm

e ch

ange

as

wel

l as

fund

rais

ing”

(rel

ated

to O

p 1.

2.)

A 1

.2.2

. – “I

nfor

mat

ion

mat

eria

ls p

rodu

ced,

loca

lised

and

/or d

isse

min

ated

to in

dige

nous

com

mun

ities

and

org

anis

atio

ns o

n re

leva

ntp

ub

lic l

aw

s, p

olic

ies,

pro

gra

mm

es

an

dbu

dget

s as

wel

l as

indi

geno

us s

trat

egie

s (o

ne.

g. n

atio

nal i

mpl

emen

tatio

n of

the

SD

Gs)

”(r

elat

ed to

Op

1.2.

)

proj

ects

(sm

all g

rant

s)•

PD

for

cou

ntry

lea

ds a

ndna

tiona

l par

tner

s to

mon

itor

proj

ect,

cont

ribut

e to

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ning

s,m

eetin

gs e

tc.

• Int

erna

tiona

l flig

ht ti

cket

s fo

rco

un

try

lea

ds

to m

on

ito

rp

roje

ct a

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co

ntr

ibu

te t

otr

aini

ngs

• L

oca

l tr

an

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rta

tio

n f

or

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try

lead

s, n

atio

nal p

art-

ners

, an

d lo

cal p

artic

ipan

ts,

incl

udin

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cal f

light

s, p

ublic

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spor

tatio

n, r

ent

of c

ars

and

boat

s, g

asol

ine

acco

rd-

ing

to c

ircum

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ces.

• M

eetin

g ve

nues

and

con

-su

mp

tio

n f

or

tra

inin

g a

nd

mee

tings

.•

Loca

l offi

ce c

osts

and

sup

-pl

ies

for n

atio

nal p

artn

ers

• IT

equ

ipm

ent (

lap

top,

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-je

ctor

for

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eys

and

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t-in

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itica

l situ

-at

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in ta

rget

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isun

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cept

ive

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ease

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sib

ility

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tte

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on

to

ind

ige

no

us

pe

op

les’

is-

sues

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de-

velo

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oliti

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era

tio

na

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ace

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on-

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enta

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dec

reas

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•The

rela

tions

be

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en

th

est

ate

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in-

dig

en

ou

spe

ople

s an

d

A 1

.3.1

. – “

Impl

emen

tatio

n of

pilo

t pro

ject

sw

ith t

he a

im t

o im

prov

e ac

cess

to

right

s-ba

sed,

cul

tura

lly a

dequ

ate

and

part

icip

ator

yso

cial

ser

vice

s an

d so

cial

pro

tect

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(re

late

dto

Op

1.3.

)

A 2

.1.1

. –

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ialo

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ting

s b

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nco

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unity

lead

ers

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to O

p 2.

1.)

123

• D

ocu

me

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tio

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qu

ip-

men

ts:

(Cam

eras

, ph

ones

,m

icro

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ks a

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r a

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te o

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-m

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.•D

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gin

dig

en

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spe

ople

s at

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ity,

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l a

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try le

vels

.

124

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127

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peop

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base

don

Hum

anR

ight

s pr

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es a

ndst

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rd.

1.-

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and

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ake

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lan

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c. n

o 16

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ound

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atio

nalit

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al b

odie

s

Con

tinua

l-I

mpl

emen

ted

the

actio

n pl

anfo

r the

impl

emen

-ta

tion

of IL

O c

.no

169

Mad

ene

w la

ws

byre

view

ing

all

exis

ting

law

sre

late

d to

IPs.

128

the

gove

rnm

ent,

and

to re

view

the

exis

ting

law

s an

dre

fine

and

mak

e ne

wla

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base

don

that

natio

nal

actio

n pl

an.

-To

des

ign

prog

ram

s in

line

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DR

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impl

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tth

em. I

n th

eco

ntex

t of

Inte

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iona

lco

nven

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oncl

imat

ech

ange

alre

ady

129

ratif

ied

byN

epal

and

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mem

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TO

, to

mak

e a

law

in coor

dina

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with

For

est

and

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ironm

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istr

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atad

dres

ses

the

prot

ectio

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dde

velo

pmen

tof

indi

geno

uspe

ople

s

To re

spec

t and

prot

ect t

herig

hts

of IP

2.- T

o pr

otec

tth

e he

ritag

e,la

ngua

ge,

scrip

t, cu

lture

Min

istr

y of

loca

l dev

elop

-m

ent a

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dera

l affa

irs

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iona

lF

ound

atio

nfo

r the

Dev

elop

men

t

- Doc

umen

ted

the

lang

uage

of

enda

nger

edIP

s

Con

tinua

l

130

- Pub

licat

ion

ofgr

amm

ar a

nddi

ctio

narie

s of

IPs

lang

uage

(mot

her

tong

ues)

- Li

sted

the

relig

ious

hist

oric

alsi

tes,

and

orga

nize

dfe

stiv

als

for t

hepr

otec

tion

ofth

em in

part

ners

hip

with

loca

l lev

elor

gani

zatio

ns.

Con

duct

edm

odel

vill

age

build

ing

prog

ram

and

man

aged

IPs

mus

eum

.

of I

ndig

enou

sN

atio

nalit

ies.

- Loc

al b

odie

s

and

his

toric

alan

d re

ligio

ussi

tes.

- To

prot

ect

lang

uage

,sc

ript a

ndcu

lture

of

enda

nger

edIP

s.- T

o pr

otec

tm

useu

m fo

rth

e pr

otec

tion

of IP

scu

lture

.- T

o co

nduc

tlit

erac

ypr

ogra

m, t

obu

ilddi

ctio

nary

and

gram

mar

of m

othe

rto

ngue

and

topu

blic

ize

them

.

131

- To

cond

uct

trai

ning

for

teac

hers

and

supp

ort

prog

ram

- To

col

lect

hist

orie

s,m

usic

, fo

lkso

ngs,

folk

stor

ies

and

sayi

ngs

ofIP

s.- T

o co

nduc

tcu

ltura

lfe

stiv

als

and

prog

ram

s- T

o su

ppor

tco

ncer

ned

IPs

and

com

mun

ities

for f

estiv

al,

cele

brat

ion,

relig

ion

and

to

132

co

nduc

taw

aren

ess

prog

ram

.D

evel

opin

gm

odel

vill

age

and

man

age

IPs

mus

eum

.

To p

rote

ct th

eed

ucat

ion

right

s of

IPs

child

ren

and

adul

ts

- Con

duct

spec

ial

prog

ram

toin

crea

seac

cess

of I

Ps

in te

chni

cal

and

voca

tiona

led

ucat

ion.

Pro

vidi

ngsc

hola

rshi

p in

high

er a

ndte

chni

cal

educ

atio

n.

Min

istr

y of

loca

l dev

elop

-m

ent a

ndfe

dera

l affa

irs

- M

inis

try

ofE

duca

tion

- CT

EV

T- N

atio

nal

Fou

ndat

ion

for

the

Dev

elop

men

tof

Indi

geno

usN

atio

nalit

ies.

Loc

al b

odie

s

Con

tinua

l- R

eady

of

tech

nica

lhu

man

reso

urce

s fr

omen

dang

ered

and

mar

gina

lized

IPs

Em

ploy

edth

ose

tech

nica

lhu

man

reso

urce

s in

priv

ate

and

publ

ic s

ecto

rs.

3.

133

To u

pdat

e th

eda

ta to

det

er-

min

e th

epo

verty

situ

atio

n of

IPs

- Col

lect

ion

data

cont

inua

lly to

get t

hein

form

atio

n of

vario

usas

pect

s of

IPs.

- Res

earc

hst

udy

ofec

onom

ic,

soci

al,

cultu

ral,

lingu

istic

and

vario

usas

pect

of

IPs.

Pub

licat

ion

ofbe

stm

ater

ials

.

Min

istr

y of

loca

l dev

elop

-m

ent a

ndfe

dera

l affa

irs

- B

of

stat

istic

s- N

atio

nal

Fou

ndat

ion

for

the

Dev

elop

men

tof

Indi

geno

usN

atio

nalit

ies.

Loc

al b

odie

s

Con

tinua

l- F

ound

or s

een

the

rese

arch

stud

y on

IPs

Rea

dy/

prep

ared

the

ethn

ogra

phic

prof

ile o

f IP

s.

4.

134

To in

crea

se th

eop

port

unity

of

empl

oym

ent f

orIP

s co

mm

u-ni

ty.

- S

kill

deve

lopm

ent

trai

ning

and

smal

l loa

npr

ogra

m fo

rIP

s- I

ncre

ase

dom

estic

and

fore

ign

empl

oym

ent

- Inc

ome

gene

ratio

npr

ogra

m a

ndsu

ppor

t bas

edon

trad

ition

alkn

owle

dge,

skill

s an

din

tere

st.

- E

cono

mic

and

soci

alde

velo

pmen

tpr

ogra

men

dang

ered

Min

istr

y of

loca

l dev

elop

-m

ent a

ndfe

dera

l affa

irs

- M

inis

try

ofla

bor a

ndem

ploy

men

t-

Min

istr

y of

indu

strie

s- N

atio

nal

Fou

ndat

ion

for

the

Dev

elop

men

tof

Indi

geno

usN

atio

nalit

ies.

- Loc

al b

odie

s C

ET

VT

Con

tinua

l- B

uilt

shel

ter f

oren

dang

ered

and

mar

gina

lized

IPs

Exp

orte

dth

e pr

oduc

edth

ings

suc

h as

hand

loom

clot

hes,

clo

thes

from

allo

etc

base

d on

trad

ition

alkn

owle

dge

and

skill

s.

5.

135

and mar

gina

lized

IPs.

- Bui

ldin

gsh

elte

r for

enda

nger

edIP

s- C

ondu

ctC

hepa

ngde

velo

pmen

tpr

ogra

m- C

ondu

ctem

ploy

men

tor

ient

edtr

aditi

onal

and

mod

ern

prof

essi

onal

trai

ning

. C

ondu

ctw

omen

lead

ersh

ipan

d ca

paci

tyde

velo

pmen

tpr

ogra

m

136

- Con

duct

cam

paig

n fo

rth

e pr

otec

tion

of IP

ste

chno

logy

,sk

ills

and

arts

.- C

ondu

ctsu

ppor

ting

prog

ram

for I

Ps

inst

itutio

nal

deve

lopm

ent

and

stre

ngth

enin

g.- C

ondu

ctaw

aren

ess

and

empo

wer

ing

prog

ram

Con

duct

lead

ersh

ipde

velo

pmen

tan

d ca

paci

tyen

hanc

ing

prog

ram

.

To p

rote

ct a

ndpr

omot

e th

ete

chno

logy

,sk

ills

and

arts

of IP

s

Min

istr

y of

loca

l dev

elop

-m

ent a

ndfe

dera

l affa

irs

- M

inis

try

ofin

dust

ries

- Nat

iona

lF

ound

atio

n fo

rth

eD

evel

opm

ent

of In

dige

nous

Nat

iona

litie

s. L

ocal

bod

ies

Inco

me

in-

crea

sed

bym

akin

g go

ods

from

bet

bas

and

Tha

nka

Con

tinua

l6.

137

- Pro

vide

empl

oym

ent

to lo

cal I

Ps

and

dalit

as

far a

spo

ssib

le w

hile

build

ing

new

citie

s.- O

rgan

izin

gpr

ogra

m fo

rgi

ving

info

rmat

ion

abou

tin

fras

truc

ture

deve

lopm

ent.

Giv

ing

first

prio

rity

toin

divi

dual

sha

ving

requ

ired

skill

san

d ca

paci

ty.

To p

rovi

deem

ploy

men

tto

loca

l IP

san

d da

lit a

sfa

r as

pos-

sibl

e w

hile

build

ing

new

citie

s.

Min

istr

y of

Urb

an D

evel

-op

men

t

- Mun

icip

ality

Dev

elop

men

tC

omm

ittee

Loc

al b

odie

s.

Num

ber o

f IP

san

d da

litw

orki

ng in

citie

s th

at a

rebu

ildin

g.

Con

tinua

l

Not

e:T

he p

lans

mad

e ot

her h

eadi

ng in

4th H

Rs

actio

n pl

an a

re a

lso

rela

ted

to in

dige

nous

peo

ples

but

the

plan

has

not

spe

cifie

d fo

r ind

igen

ous

peop

les.

7.

138

Ann

ex: 5

: Nep

al –

IPs

right

s an

d S

DG

s m

onito

ring

fram

ewor

k m

atrix

IPs

rig

hts

as

per

ILO

169,

UN

DR

IPan

d ot

her

inte

rna-

tio

nal

inst

ru-

men

ts

Po

licy

com

mit

men

t (b

y N

epal

go

vern

-m

ent)

an

d l

egal

ob

ligat

ion

Inte

rna-

tio

nal

HR

inst

ru-

men

ts

Con

stitu

-tio

n of

Nep

al

Act

s an

dp

olic

ies

Per

iod

icp

lan

SD

Gs

pla

n o

fN

epal

go

vern

-m

ent

Imp

le-

men

tatio

nst

atus

Gap

sN

eeds

of furt

her

targ

et-

ing

Aut

onom

yan

d se

lf-ru

le/s

elf-

gove

rn-

men

t

1.• U

ND

RIP

artic

le 4

ensu

res

auto

nom

yan

d se

lf-go

vern

men

tof

IPs.

Not

e:N

epal

has

vote

dfo

r UN

DR

IP.•

Con

stitu

-

tion

ofN

epal

-m

entio

nsin pr

eam

ble

• Art

icle

56 (5

)pr

ovisi

oned

that

Spe

cial

,

-N

o pl

anan

dpo

lices

for I

Ps

No

plan

for I

Ps

No

law

ism

ade

aspe

r the

inte

rna-

tiona

lin

stru

me-

nts

and,

as

per c

onst

i-tu

tion

artic

le 5

6(5

).

Lack

of

law

toim

plem

ent

UN

DR

IPar

ticle

4,

and

prov

isio

nof

con

sti-

tutio

nar

ticle

56

(5).

139

pro

tect

edan

dau

tono

m-

ous

regi

ons

may

be

crea

ted

acco

rdin

gto

fede

ral

law

.

2.R

ight

tose

lf-de

term

i-na

tion

• Arti

cle

3 of

UN

DR

IPan

d•

Art

icle

1of

ICC

PR

and

ICE

SC

RN

ote:

Nep

alha

s ra

tifie

dIC

CP

R a

ndIC

ES

CR

.

• C

onst

itu-

tion

ofN

epal

men

tions

in prea

mbl

e

No

plan

and

polic

esfo

r IP

s

No

plan

for I

Ps

No

law

ism

ade

toen

sure

right

tose

lf-de

term

i-na

tion

ofIP

s.

No

law

ism

ade

toim

plem

ent

artic

le 3

of

UN

DR

IP,

artic

le 1

of

ICC

PR

and

ICE

SC

R,

and

prea

-m

ble

ofco

nstit

u-tio

n of

Nep

al.

-

140

3.S

elf-

dete

r-m

ined

deve

lop-

men

t

• A

rtic

le 1

of IC

CP

Ran

dIC

ES

CR

,an

d•

Art

icle

7of

ILO

c.no

169

No

plan

and

polic

esfo

r IP

s

No

plan

for I

Ps

No

law

ism

ade

No

law

ism

ade

toim

plem

ent

artic

le 1

of

ICC

PR

,IC

ES

CR

,ar

ticle

7 o

fIL

O c

. no

169.

--

Ful

len

joym

ent

of a

llhu

man

right

s an

dfu

ndam

en-

tal f

ree-

dom

s

Art

icle

3 o

fIL

O c

. no

169

Res

pect

and

follo

wof

Hum

anrig

hts

that

is m

en-

tione

d in

prea

mbl

e

HR

pla

nof

NG

2014

/15-

2018

/19:

Them

e12

com

-m

itted

to • To asse

ssal

l the

exis

ting

law

sre

late

d

No

spec

ific

plan

for

IPs

Nat

iona

lA

ctio

nP

lan

for

the

impl

eme-

ntat

ion

of IL

O c

.no

. 169

is a

ppro

-ve

d by

coun

cil

of m

inis

-te

r(G

over

n-m

ent)

- F

or th

eim

plem

-en

tatio

nof

ILO

cno

169

,N

atio

nal

Act

ion

Pla

n is

be mad

e.R

efin

emen

t,am

end-

men

tan

d ne

w

-4.

141

• No

revi

ewan

das

sess

-m

ent o

fex

istin

gla

ws

rela

ted

to iP

s is

done

,an

d N

o ne

wla

w fo

rth

erig

hts

ofIP

s is

mad

e.

la

w is

to

be m

ade

by revi

ewin

gal

lex

istin

gla

ws

base

don N

atio

nal

Act

ion

Pla

n.

to

indi

g-en

ous

peop

les,

and

tom

ake

new

law

s.•

To appr

ove

alre

ady

mad

ena

tiona

lac

tion

plan

(nat

iona

lac

tion

plan

for

the

impl

eme-

ntat

ion

of IL

OC

onve

n-tio

n N

o.16

9)

142

from

the

gove

rn-

men

t,an

d to

refin

eex

istin

gla

ws

base

don

the

prov

isi-

ons

ofIL

OC

onve

n-tio

n N

o.16

9.•

To impl

em-

ent t

heU

nite

dN

atio

nsD

ecla

ra-

tion

on

143

the

Rig

hts

ofIn

dige

n-ou

sP

eopl

es(U

ND

RIP

)by m

akin

g/de

sign

ing

prog

ram

s.

5.F

ree

from

any

kind

sof

dis

-cr

imin

a-tio

n

• A

rtic

le 1

of IC

ER

D•

Art

icle

3of U

ND

RIP

Pre

ambl

ean

dar

ticle

18

of th

eco

nstit

u-tio

n th

atsa

ys‘ri

ght t

ono

ndis

-cr

imin

a-tio

n on

the

basi

s

Cas

teba

sed

Dis

crim

i-na

tion

and

Unt

ouch

-ab

ility

(Offe

nce

and

Pun

ish-

men

t) A

ct20

75(2

018

AD

)

The

law

isbe

ing

impl

eme-

nted

or

oper

ated

at a

llle

vels

.B

ut th

isla

w a

lso

does

not

resp

ect

the

--

Law

agai

nst

raci

aldi

scrim

i-na

tion

isto

be

mad

eth

atre

quire

sto

full

resp

ect o

f

144

of

ethn

icity

,la

ngua

ge,

relig

ion,

gend

er,

soci

alor

igin

,ph

ysic

aldi

sabi

lity

or re

gion

’

-pro

hibi

tsal

l kin

ds o

fdi

scrim

i-na

tion.

cultu

ral

need

s of

indi

geno

uspe

ople

ssu

chsl

augh

te-

ring

cow

or b

ull f

orth

eir g

od.

non-

disc

rimi-

natio

n.

6.R

ight

tom

aint

ain

and

stre

ngth

-en

ing

thei

rdi

stin

ctpo

litic

al,

lega

l,ec

onom

ican

dcu

ltura

lin

stitu

tions

• A

rtic

le20

of

UN

DR

IP

- Nat

inal

Cul

tura

lP

olic

y20

10st

ress

to

stre

ngth

enth

est

ruct

ures

of th

ebo

dies

whi

ch a

re

-14

th

perio

dic

plan

has

men

tione

dto im

plem

ent

cultu

ral

polic

y.

4th H

Rs

actio

npl

an h

as

No

spec

ific

plan

for

IPs

The

cultu

ral

polic

yan

dpe

riodi

cpl

ans

are

bein

gim

ple-

men

ted

to s

ome

exte

nt.

Des

pite

Law

agai

nst

raci

aldi

scrim

i-na

tion

isto

be

mad

e th

atre

quire

sto

full

resp

ect o

fno

ndis

cri-

min

atio

n

145

resp

onsi

ble

for

prot

ectin

gan

dm

anag

ing

cultu

ral

herit

age

and

tobu

ild n

ewst

ruct

ures

as p

erne

ed

plan

ned

on s

ocio

,ec

onom

ic,

cultu

ral

aspe

cts

(see

4th

HR

actio

npl

anm

atrix

)

thes

epo

licie

san

d pl

an,

cow

or

bull

slau

ghte

rar

ege

tting

puni

shed

and

jaile

d.

7.R

ight

tona

tiona

lity,

inte

grity

,lib

erty

and

secu

rity

.

• Art

icle

20 o

fU

ND

RIP

• Art

icle

6,7

and

9of U

ND

RIP

No

plan

and

polic

esfo

r IP

s

No

plan

for I

Ps

A la

w is

to b

em

ade

togo

vern

right

tona

tiona

l-ity

,in

tegr

ity,

liber

tyan

dse

curi

ty.

--

146

8.C

olle

ctiv

erig

hts

and

non-

assi

mila

-tio

n

• A

rtic

le 1

and

8 of

UN

DR

IP

No

plan

and

polic

esfo

r IP

s

No

plan

for I

Ps

No

law

tore

gula

teco

llect

ive

right

s

--

9.R

ight

toliv

e in

thei

rla

nds

and

terr

itorie

sw

ithou

tan

ydi

stur

-ba

nces

• A

rtic

le26

of

UN

DR

IP •

Art

icle

14 o

f ILO

169

No

plan

and

polic

esfo

r IP

s

No

spec

ific

plan

for

IPs

No

law

tore

gula

teIP

s rig

htto

land

,te

rrito

ries

and

reso

urce

s.

--

10.

Fre

e pr

ior

info

rmed

cons

ent

rela

ted

toth

eir

mat

ter

• A

rtic

le 1

1of U

ND

RIP

• A

rtic

le16

of I

LO16

9

No

plan

and

polic

esfo

r IP

s

No

plan

for I

Ps

No

law

and

regu

la-

tion.

--

147

11.

Rig

ht to

cont

inue

exer

cise

thei

rcu

stom

ary

law

s,di

gnity

and

dive

rsity

• A

rtic

le 1

1of U

ND

RIP

• A

rtic

le 8

of IL

O16

9

No

plan

and

polic

esfo

r IP

s

No

plan

for I

Ps

No

sing

lela

w to

regu

late

cust

omar

yla

w.

-R

ecog

ni-

tion

ofcu

stom

ary

law

sre

latin

g to

mar

riage

,pa

rtic

ular

lyin

rela

tion

to c

erta

inca

tego

ries

of in

cest

u-ou

s re

latio

n(C

ount

ryC

ivil

(Cod

e) A

ct20

17S

ec-

tion

70.2

.

12.

Rig

ht to

esta

blis

h-m

ent o

fth

eir o

wn

med

ia

• Art

icle

16 o

fU

ND

RIP

Pre

ss a

ndP

ublic

atio

nA

ct 1

991-

No

proh

ibi-

tion

toes

tabl

ish

med

ia.

No

plan

and

polic

esfo

r IP

s

No

plan

for I

Ps

Fre

edom

in m

edia

is b

eing

impl

e-m

ente

d.

--

148

13.

Rig

ht to

cont

rol o

ver

thei

rla

ngua

geed

ucat

ion

syst

em

• A

rtic

le14

of

UN

DR

IP

4th H

Rs

plan

of

gove

rnm

-en

t has

plan

ned

on educ

atio

nan

dla

ngua

geof

IPs

(See

anne

x 5)

14th p

lan

(207

3/74

-207

5/76

BS

or 2

016/

17-2

018/

19 A

D):

plan

ned

for I

Ps

To

No

spec

ific

plan

for

IPs

but

in h

aspl

anne

dfo

rin

clus

ive

educ

a-tio

n.

No

resp

onsi

-bi

lity

and

acco

unt-

abili

ty o

fgo

vern

-m

ent.

-E

duca

tion

Act

197

1an

dC

ompu

l-so

ry a

ndFr

eeE

duca

tion

Act

201

8 :

no p

rovi

-si

on in

both

.

Edu

catio

nth

roug

hm

othe

rto

ngue

isno

tim

ple-

men

ted

till t

oda

te.

149

14.

Rig

ht to

land

,te

rrito

ries

and

natu

ral

reso

urce

s(t

radi

tiona

lla

nd)

•Art

icle

26

of UN

DR

IP •

Art

icle

14, 1

5an

d 16

of IL

O16

9

14th p

lan

(207

3/74

-20

75/7

6B

S o

r20

16/1

7-20

18/1

9A

D):

plan

ned

for I

Ps

To ensu

reac

cess

in m

eans

and

reso

urce

s,se

rvic

ean

dfa

cilit

ies.

No

spec

ific

plan

for

IPs

No

sing

lela

w to

regu

late

trad

ition

alla

nds

(rig

ht to

land

s,te

rrito

ries

and

re-

sour

ces)

of IP

s.

-C

ount

ryci

vil (

code

)A

ct 2

017

reco

gniz

eco

mm

unal

/co

llect

ive

land

and

build

ing

orot

her

prop

ertie

sas

com

-m

unal

/co

llect

ive

prop

erty

(Sec

tion

301)

with

ensu

red

entit

lem

ent

(Sec

tion

303.

2.)

Indi

vidu

alrig

ht to

land

isbe

ing

impl

ante

dbu

tco

llect

ive

right

of

IPs

tola

nd is

not

impl

e-m

ente

d.

150

15.

Rig

ht to

prot

ectin

gen

viro

n-m

ent

Art

icle

29

of UN

DR

IP

No

plan

and

polic

es fo

rIP

s

No

spec

ific

plan

for

IPs

No

clar

ityin

the

prov

isio

n

--

-

16.

Rig

ht to

cros

s-bo

arde

rsco

ntac

tan

d

Art

icle

36

of UN

DR

IPA

rtic

le 3

2of

ILO

169

No

plan

and

polic

es fo

rIP

s

No

spec

ific

plan

for

IPs

Lack

of

law

--

-

17.

Rig

ht to

follo

w th

etr

eatie

she

ld w

ithth

em

Art

icle

37

of UN

DR

IP

No

plan

and

polic

es fo

rIP

s, a

ndno

pol

icy

of g

over

n-m

ent o

n it.

No

plan

for I

Ps

Lack

of

law

and

polic

ies

--

-

18.

Rig

ht to

part

icip

ate

in d

ecis

ion-

mak

ing

in

Art

icle

18

of UN

DR

IP

14th p

lan

(207

3/74

-20

75/7

6B

S o

r

No

plan

spec

ific

plan

for

IPs

Lack

of

law

and

polic

ies

--

Law

sre

late

din

clus

ion

151

mat

ters

whi

chw

ould

affe

ct th

eir

right

s,th

roug

hth

eir

repr

esen

ta-

tives

chos

en b

yth

emse

lves

and

own

proc

ess.

2016

/17-

2018

/19

AD

): h

aspl

anne

d fo

rIP

sP

olic

ypr

ogra

mta

rget

ed to

refin

eam

end

and

mak

e ne

wla

ws

byre

view

ing

polic

es,

acts

and

law

s re

late

dto

incl

usio

n.

in n

otm

ade

toda

te.

Not

e: 1

4th p

lan

(207

3/74

-207

5/76

BS

or 2

016/

17-2

018/

19 A

D):

has

als

o pl

anne

d fo

r IP

s-

Pol

icy

prog

ram

targ

eted

to re

fine

amen

d an

d m

ake

new

law

s by

revi

ewin

g po

lices

, act

s an

d la

ws

rela

ted

to in

clus

ion.

-To

con

duct

em

ploy

men

t orie

nted

sill

s pr

ogra

m-

To m

oder

nize

the

trad

ition

al o

ccup

atio

n of

IPs

152

An

nex

6:

Pro

gre

ss r

epo

rt o

f N

epal

go

vern

men

t o

n t

he

pla

n r

elat

ed t

o i

nd

igen

ou

s p

eop

les

(in

clu

din

g u

nd

er F

eder

al A

ffai

rs a

nd

Lo

cal

Dev

elo

pm

ent

Min

istr

y)-i

mp

lem

ente

d i

n t

he

fisc

alye

ar 2

072/

73 B

S (2

015/

16 A

D)

Ac

tio

ns

c

om

ple

ted

am

on

g t

he

ac

tiv

itie

sm

enti

on

ed i

n t

he

pla

n

Rec

eive

d r

esu

lts

Act

ion

tob

e d

on

eT

ime

to t

ake

for

the

com

ple

tio

no

f res

t wo

rk

Maj

or

pro

ble

ms

face

d d

uri

ng

th

eim

ple

men

tati

on

To m

ake

rule

s of

Cas

teba

sed

Dis

crim

inat

ion

and

Unt

ouch

abili

ty (O

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ean

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unis

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ct20

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)

• R

ules

of C

aste

bas

edD

iscr

imin

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dU

ntou

chab

ility

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nce

and

Pun

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Act

2075

(201

8 A

D) i

s in

the

proc

ess

of m

akin

g.•

Inte

grat

ed re

port

of

CE

RD

is m

ade

and

sent

to U

N v

ia M

inis

try

ofF

orei

gn A

ffairs

.

All

are

in proc

ess

2 w

eeks

To re

fine

or m

ake

new

law

s fo

r the

pro

tect

ion

ofIP

s rig

hts

by re

view

ing

the

exis

ting

law

s ba

sed

on th

e N

atio

nal A

ctio

nP

lan

for t

he im

plem

enta

-

No

Nat

iona

lA

ctio

nP

lan

ism

ade

yet.

--

153

tion

of IL

O c

. no

169

appr

ovin

g by

the

gove

rn-

men

t (ca

bine

t mee

ting)

.

Mak

e ne

w la

w to

pro

tect

and

cons

erve

the

equa

lrig

hts

of in

dige

nous

peop

les

base

d on

Hum

anR

ight

s pr

inci

ples

and

stan

dard

.

- To

revi

ew a

ll ex

istin

g la

ws

rela

ted

to IP

s an

d to

mak

e ne

w la

ws.

- To

appr

ove

alre

ady

mad

eN

atio

nal A

ctio

n P

lan

for

the

impl

emen

tatio

n of

ILO

Con

vent

ion

No.

169

by

the

gove

rnm

ent,

and

tore

view

the

exis

ting

law

san

d re

fine

and

mak

e ne

wla

ws

base

d on

that

natio

nal a

ctio

n pl

an.

- To

desi

gn p

rogr

ams

inlin

e w

ith U

ND

RI a

ndim

plem

ent t

hem

. In

the

cont

ext o

f Int

erna

tiona

lco

nven

tion

on c

limat

ech

ange

alre

ady

ratif

ied

byN

epal

and

bei

ng a

154

mem

ber o

f WT

O, t

o m

ake

a la

w in

coo

rdi-n

atio

nw

ith F

ores

t and

Env

ironm

ent M

inis

try

that

add

ress

es th

epr

otec

tion

and

deve

lopm

ent o

fin

dige

nous

peo

ples

To re

spec

t and

pro

tect

the

right

s of

IPs

- To

prot

ect t

he h

erita

ge,

lang

uage

, scr

ipt,

cultu

rean

d hi

stor

ical

and

relig

ious

site

s.- T

o pr

otec

t lan

guag

e,sc

ript a

nd c

ultu

re o

fen

dang

ered

IPs.

- To

prot

ect m

useu

m fo

rth

e pr

otec

tion

of IP

scu

lture

.- T

o co

nduc

t lite

racy

prog

ram

, to

build

dict

iona

ry a

nd g

ram

mar

of m

othe

r ton

gue

and

to

155

pub

liciz

e th

em.

- To

cond

uct t

rain

ing

for

teac

hers

and

sup

port

prog

ram

- To

colle

ct h

isto

ries,

mus

ic, f

olk

song

s, fo

lkst

orie

s an

d sa

ying

s of

IPs.

- To

cond

uct c

ultu

ral

fest

ival

s an

d pr

ogra

ms

- To

supp

ort c

once

rned

IPs

and

com

mun

ities

for

fest

ival

, cel

ebra

tion,

relig

ion

and

to c

ondu

ctaw

aren

ess

prog

ram

. D

evel

opin

g m

odel

vill

age

and

man

age

IPs

mus

eum

.

To p

rote

ct th

e ed

ucat

ion

right

s of

IPs

child

ren

and

adul

ts

- Con

duct

spe

cial

pro

gram

to in

crea

se a

cces

s of

IPs

in te

chni

cal a

ndvo

catio

nal e

duca

tion.

156

- Pro

vidi

ng s

chol

arsh

ip in

high

er a

nd te

chni

cal

educ

atio

n.

To u

pdat

e th

e da

ta to

dete

rmin

e th

e po

vert

ysi

tuat

ion

of IP

s

- Col

lect

ion

data

cont

inua

lly to

get

the

info

rmat

ion

of v

ario

usas

pect

s of

IPs.

- Res

earc

h st

udy

ofec

onom

ic, s

ocia

l,cu

ltura

l, lin

guis

tic a

ndva

rious

asp

ect o

f IP

s.- P

ublic

atio

n of

bes

tm

ater

ials

.

To in

crea

se th

e op

port

u-ni

ty o

f em

ploy

men

t for

IPs

com

mun

ity.

- Ski

ll de

velo

pmen

t tra

inin

gan

d sm

all l

oan

prog

ram

for I

Ps

- Inc

reas

e do

mes

tic a

ndfo

reig

n em

ploy

men

t- I

ncom

e ge

nera

tion

prog

ram

and

sup

port

base

d on

trad

ition

alkn

owle

dge,

ski

lls a

ndin

tere

st.

157

- E

cono

mic

and

soc

ial

deve

lopm

ent p

rogr

amen

dang

ered

and

mar

gina

lized

IPs.

- Bui

ldin

g sh

elte

r for

enda

nger

ed IP

s- C

ondu

ct C

hepa

ngde

velo

pmen

t pro

gram

- Con

duct

em

ploy

men

tor

ient

ed tr

aditi

onal

and

mod

ern

prof

essi

onal

trai

ning

.- C

ondu

ct w

omen

lead

ersh

ip a

nd c

apac

ityde

velo

pmen

t pro

gram

To p

rote

ct a

nd p

rom

ote

the

tech

nolo

gy, s

kills

and

arts

of I

Ps

- Con

duct

cam

paig

n fo

rth

e pr

otec

tion

of IP

ste

chno

logy

, ski

lls a

ndar

ts.

- Con

duct

sup

port

ing

prog

ram

for I

Ps

inst

itutio

nal d

evel

opm

ent

and

stre

ngth

enin

g.

158

To p

rovi

de e

mpl

oym

ent t

olo

cal I

Ps

and

dalit

as

far

as p

ossi

ble

whi

le b

uild

ing

new

citi

es.

- Con

duct

aw

aren

ess

and

empo

wer

ing

prog

ram

- Con

duct

lead

ersh

ipde

velo

pmen

t and

capa

city

enh

anci

ngpr

ogra

m.

- Pro

vide

em

ploy

men

t to

loca

l IP

s an

d da

lit a

s fa

ras

pos

sibl

e w

hile

build

ing

new

citi

es.

- Org

aniz

ing

prog

ram

for

givi

ng in

form

atio

n ab

out

infr

astr

uctu

rede

velo

pmen

t.- G

ivin

g fir

st p

riorit

y to

indi

vidu

als

havi

ngre

quire

d sk

ills

and

capa

city

.