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VOL. 28, NO. 14, Dec 12, 2008 (Mangsir 27 2065 B.S.)
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Right Upheld
A UN expert advocates right to self determination to promote rights of indigenous communities
By A CORRESPONDENT
A senior UN official has advocate right to self determination to safeguard and promote the rights of indigenous communities.
As the country prepares to write a new constitution through the Constituent Assembly (CA),
Professor S. James Anaya, the United Nations Special Rapporteur on indigenous peoples, said that right to self determination is necessary to safeguard their rights.
He, however, said that the right to self determination should not be seen as a right to secede from the country. He said it should reflect the human rights of the indigenous people.
He said so at a press meet held as he wrapped up his nine-day visit to Nepal last week.
He pointed out that the Nepal government has a lot to do to implement its commitments on rights of indigenous.
"This is a critical moment to respond to the many challenges that indigenous peoples of Nepal face," Anaya said in a press release issued at the end of his trip.
"While I am encouraged by expressions of commitment by the Government of Nepal to advance the rights of indigenous peoples, much needs to be done."
He further said, "A long history of oppression and marginalization has excluded indigenous peoples from political representation and decision-making, full citizenship, and economic and educational opportunities; and their distinct cultures and languages have been continuously threatened."
Anaya noted that indigenous communities in Nepal have been forcibly displaced from their ancestral lands and denied property rights, and they often lack access to justice. Indigenous women have suffered additional forms of discrimination and abuse," he added.
During his stay, the UN Special Rapporteur held interactions with senior government officials, representatives of indigenous peoples' organizations, members of civil society, and various representatives of the United Nations. In his visits to the districts of Ilam, Jhapa, Chitwan and Kailali, Anaya also consulted with indigenous communities and local authorities.
While stressing on the actions on indigenous rights, the UN rep also observed with satisfaction the Nepal government's commitment to international standards upholding the rights of indigenous peoples, in particular its ratification of ILO Convention 169 on Indigenous and Tribal Peoples and its support for the United Nations Declaration on the Rights of Indigenous Peoples. Nepal is the first Asian country to ratify the convention, which commits states to securing indigenous peoples' distinct cultures and ways of life, rights over lands and natural resources, as well as the right to meaningfully participate in all decisions affecting them.
Children's Rights
Meanwhile, Radhika Coomaraswamy, Special Representative of the Secretary-General for Children and Armed Conflict also visited Nepal to inspect the situation first hand.
At the end of her six-day visit, she told that the Prime Minister Pushpa Kamal Dahal had agreed to move forward on the discharge of nearly 3,000 Maoist army elements disqualified as minors remaining in Maoist army cantonments, in cooperation with UNMIN and the UN Country Team in Nepal.
"The commitment of the Government is in line with the Comprehensive Peace Agreement and responds to Security Council recommendations within the framework of Resolution 1612 on the issue of children and armed conflict. All children should have been released immediately after the signing of the Comprehensive Peace Agreement in 2006," states a press release by UNMIN.
During her visit, Coomaraswamy had also interacted with children in a cantonment site. "The UN country team stands ready to support former CPN-M child combatants to resume civilian life as they look to their future in a new peaceful Nepal," said the Special Representative, referring to the reintegration packages developed by UNICEF and UNDP which would be tailored to the children's needs, skills and long-term aspirations, in collaboration with civil society and in compliance with international standards and guidelines including the Paris Principles.
Coomaraswamy also welcomed the readiness of the Government to address and prevent the misuse of children for political purposes, particularly their use in political violence. Both the CPN-M and the UML told the Special Representative that they were beginning discussions on how to work together to deal with the problem of political violence by youth wings.
The Special Representative also raised concerns regarding the impact of the continuing unrest on children in the Terai. Armed groups and criminal gangs act with total impunity in parts of this region. Coomaraswamy said that during her visit she met with children who had been forced to flee the ongoing violence, and had become displaced as a result. Other children had run away from their homes, fearing recruitment by armed groups. They were also afraid of threats against their families if they refused to join.
"Impunity for violence must stop and the rule of law must return to Nepal for peace to be given a chance and for children to live in security," stated Coomaraswamy.
