Problems and Challenges faced by Marginalized, Problems and Challenges faced by Marginalized, Endangered Communities and other Vulnerable Endangered Communities and other Vulnerable Groups in the Context of Good Governance and Groups in the Context of Good Governance and

Protection of Human RightsProtection of Human Rights

ContentsContents

Introduction to NepalIntroduction to Nepal

Short Introduction to Indigenious Short Introduction to Indigenious NationalityNationality

Introduction to Marginalised GroupsIntroduction to Marginalised Groups

-Definition-Definition

-Characteristics -Characteristics

-Population of Endangered Groups , -Population of Endangered Groups , Highly Marginalised Groups , Highly Marginalised Groups , Marginalised Groups Marginalised Groups

Nepal is a land lockedNepal is a land locked Country situated in the Country situated in the

southern slope of southern slope of Himalaya, height ranging Himalaya, height ranging from 60 Meters to 8850 from 60 Meters to 8850

MetersMetersIt has five Physiographic regionsIt has five Physiographic regionsTerai , Hills , High Mountains, Artic Regions, Chure Terai , Hills , High Mountains, Artic Regions, Chure

regions regions The Population of Nepal is estimated to be 25 The Population of Nepal is estimated to be 25

millions approximately .millions approximately .It is rich in biodiversity as well as Water It is rich in biodiversity as well as Water

Resources .Tourism Industry and Agriculture are Major Resources .Tourism Industry and Agriculture are Major Economic Sources. Economic Sources.

The 2001 Census identified 103 caste and Ethnic The 2001 Census identified 103 caste and Ethnic groups and 92 Languages and dialectsgroups and 92 Languages and dialects

Source : 2001 Census Data Report , Central Bureaus Source : 2001 Census Data Report , Central Bureaus of Statistics ,Nepalof Statistics ,Nepal

Marginalized and other disenfranchised Marginalized and other disenfranchised community constitute a significant part of Nepal’s community constitute a significant part of Nepal’s population . population .

Dalits community comprises of over 12% Dalits community comprises of over 12% approximately of 25 million people of Nepal , approximately of 25 million people of Nepal , Similarly other disenfranchised groups such as Similarly other disenfranchised groups such as Santhal , Rajbanshi , Mushar so on constitute over Santhal , Rajbanshi , Mushar so on constitute over 2 million people in aggregate .2 million people in aggregate .

(Source :Empowerment of Disenfranchised (Source :Empowerment of Disenfranchised Communities , Structured Consultation Report , Communities , Structured Consultation Report , Kathmandu School of Law (KSL), pg Kathmandu School of Law (KSL), pg

Introduction Introduction Short Introduction to Indigenous Short Introduction to Indigenous

Nationality Nationality

In Nepal they are commonly In Nepal they are commonly known as JanaJatis and it is known as JanaJatis and it is recognized by government recognized by government and constitutes about 37.2% and constitutes about 37.2% (8.4 million) of total (8.4 million) of total population of Nepal .population of Nepal .

The essential characteristics The essential characteristics of these groups are of these groups are

1) distinct collective identity 1) distinct collective identity 2) lingua Franca (own 2) lingua Franca (own

Language, Mother Tongue)Language, Mother Tongue) 3) Particular geographical 3) Particular geographical

distribution distribution 4)Own Culture , Cultural and 4)Own Culture , Cultural and

religious identityreligious identity

Contd..Contd..

According to section (2) of National According to section (2) of National Foundation for development of indigenous Foundation for development of indigenous Nationality Act 2002 Nationality Act 2002

““Indigenous Nationality means a tribe or Indigenous Nationality means a tribe or community as listed in the schedule having community as listed in the schedule having its own mother language and traditional its own mother language and traditional rites and customs ,distinct cultural identity . rites and customs ,distinct cultural identity . Distinct social structure and written and Distinct social structure and written and unwritten history . Recently government unwritten history . Recently government has declared 59 groups as janajatis”has declared 59 groups as janajatis”

Marginalized Groups Marginalized Groups

Definition Definition Those people who have been demarcated Those people who have been demarcated

from mainstream of Country dimensions from mainstream of Country dimensions such as social, political and economical by such as social, political and economical by the feudal and majoritarian system of the feudal and majoritarian system of democracy, as Haves and Haves Not .democracy, as Haves and Haves Not .

Those people who are deprived socially , Those people who are deprived socially ,

economically and politically . In all the economically and politically . In all the dimension of life .dimension of life .

Marginalised Groups Marginalised Groups (Characteristics)(Characteristics)

Miserable economic condition Miserable economic condition Level of Education status is below par Level of Education status is below par Exclusion and restricted access to resources Exclusion and restricted access to resources

and opportunitiesand opportunities Less population Less population Cultural identity is in the process of Cultural identity is in the process of

extinction .extinction . In the condition of physical extinction In the condition of physical extinction

(Endangered groups – e.g. Bankariya, 44 (Endangered groups – e.g. Bankariya, 44 nos Makwanpur District ,Mid West Nepal .)nos Makwanpur District ,Mid West Nepal .)

Population of Endangered Population of Endangered Groups Groups

Kusunda -162 hill (mid west) dang ,salyanKusunda -162 hill (mid west) dang ,salyan Bankariya 44 hill (mid west )Bankariya 44 hill (mid west ) Raute 658 inner madesh and far Raute 658 inner madesh and far

west ,surkhet west ,surkhet Surel 149 hill (east) DolakhaSurel 149 hill (east) Dolakha Hayu 1821 hill east (Kavre Palanchowk )Hayu 1821 hill east (Kavre Palanchowk ) Raji 2399 inner madesh(mid and far west Raji 2399 inner madesh(mid and far west Kisan (kuntum ) 2876 terai ( far east ) JhapaKisan (kuntum ) 2876 terai ( far east ) Jhapa Lepcha ( lapcha , Rong ) 3660 hill far east Lepcha ( lapcha , Rong ) 3660 hill far east

Ilam Ilam Meche (Bodo ) 3763 terai Jhapa Meche (Bodo ) 3763 terai Jhapa Kusbadiya 552 terai mid west dang , salyan Kusbadiya 552 terai mid west dang , salyan

Population of Highly Population of Highly Marginalized Groups Marginalized Groups

Majhi (Bhumar )72614 inner madesh mid west Kavre Majhi (Bhumar )72614 inner madesh mid west Kavre Palenchowk , Sindhuplchowk ,Ramechap , Sindhuli …Palenchowk , Sindhuplchowk ,Ramechap , Sindhuli …

Siyar (Chumba ) 1000 (mid west ) Humla Siyar (Chumba ) 1000 (mid west ) Humla Lohmi ( Kharbhote , Singhsaba 2000 Mountain (far east )Lohmi ( Kharbhote , Singhsaba 2000 Mountain (far east ) Thudam 200 east SankuwasabhaThudam 200 east Sankuwasabha Dhanuk (Rajvanshi ;Kurmi 188150 terai far east jhapa Dhanuk (Rajvanshi ;Kurmi 188150 terai far east jhapa Chepang 52237 hill Makwanpur ,Chitwan , Gorkha , Chepang 52237 hill Makwanpur ,Chitwan , Gorkha ,

DhadingDhading Satar (Santhal ) 42698 terai (far east ), Jhapa , Morang Satar (Santhal ) 42698 terai (far east ), Jhapa , Morang Dhungar /Ghangar /Jhagad/ Dhangad /41764Dhungar /Ghangar /Jhagad/ Dhangad /41764 terai far eastterai far east Thami 22999 hill dolkha Thami 22999 hill dolkha Bote 7969 inner Madesh Tanahu ,KaskiBote 7969 inner Madesh Tanahu ,Kaski Danuwar 53229 inner Madesh Danuwar 53229 inner Madesh Baramu 7383 hill mid east Baramu 7383 hill mid east

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Population of Marginalized Population of Marginalized GroupsGroups

Sunuwar 95,254Sunuwar 95,254 Tharu 15,33,879Tharu 15,33,879 Tamang 12,82,304Tamang 12,82,304 Bhujel 1,17,568Bhujel 1,17,568 Kumal 99,389Kumal 99,389 Rajbanshi (koch ) 97,241Rajbanshi (koch ) 97,241 Gangai 31,318 Gangai 31,318 Dhimal 195,37Dhimal 195,37 Bhote/Bhutiya 19261 Bhote/Bhutiya 19261 Darai 14,859Darai 14,859 Tajpuriya 13220Tajpuriya 13220 Pahari 11,505Pahari 11,505 Topke gola (Dhokpya )nearly 23,000Topke gola (Dhokpya )nearly 23,000 Dolpo 2ooooDolpo 2oooo Free (phree ) Free (phree ) Mugali (mugu ) approx. 12000Mugali (mugu ) approx. 12000 Larke (Nupriba ) mountain Larke (Nupriba ) mountain Lohpa (mustang ) Lohpa (mustang ) Dura 5, 169 Dura 5, 169 Walung 1,448 Walung 1,448

Problems & Challenges Faced by Problems & Challenges Faced by MarginalizedMarginalized

Livelihood Livelihood -Land Ownership and Possession -Land Ownership and Possession - Occupation - Occupation The marginalized people have a particular The marginalized people have a particular

problem with unregistered land ,while problem with unregistered land ,while those in the hills suffer from plots that are those in the hills suffer from plots that are not suitable for cultivation .not suitable for cultivation .

It is revealed that all marginalized people It is revealed that all marginalized people of Nepal in the past had a huge portion of of Nepal in the past had a huge portion of land but now they are in the verge of land but now they are in the verge of being landless.being landless.

Problems & Challenges , Problems & Challenges , Contd…Contd…

No Access to Justice No Access to Justice -Lack of Awareness among communities .-Lack of Awareness among communities . The marginalized communities are unaware about The marginalized communities are unaware about

the practices and formal procedures of court .the practices and formal procedures of court . -Red Tapism -Red Tapism -Economic Condition -Economic Condition Marginalized people who are deprived of a Marginalized people who are deprived of a

square of meals a day , obviously they are not square of meals a day , obviously they are not able to pay the court fees to file a case and also able to pay the court fees to file a case and also lawyers fee.lawyers fee.

Access to Justice Access to Justice There are three sources for which cases arises in There are three sources for which cases arises in

the court , they are Property , Rajya Shakti ko the court , they are Property , Rajya Shakti ko paad , and issue relating to women regarding paad , and issue relating to women regarding right to property , but unfortunately Marginalized right to property , but unfortunately Marginalized have no access to all these resources , for what have no access to all these resources , for what they go to the court they go to the court

When they can’t afford for a square of meals , When they can’t afford for a square of meals , how can they afford the Prescribed court fee ?how can they afford the Prescribed court fee ?

Is justice to be only bought when people are rich ?Is justice to be only bought when people are rich ? while taking bayan and baak patra it must be taken while taking bayan and baak patra it must be taken

in the language they understand (suggested )in the language they understand (suggested )Also the issue of Citizenship is linked with issue of Also the issue of Citizenship is linked with issue of

Land (in short it means no Citizenship no land Land (in short it means no Citizenship no land ownership and possesion .ownership and possesion .

Problems & Challenges , Problems & Challenges , Contd…Contd… No access to Education No access to Education

-Linguistic differences -Linguistic differences -Geography Condition -Geography Condition Poor Health Condition Poor Health Condition -Liquor-Liquor -Heavy Physical Works -Heavy Physical Works -Unhygienic Food and lack of proper sanitation -Unhygienic Food and lack of proper sanitation

Problems & Challenges , Problems & Challenges , Contd…Contd…

Unemployment Unemployment

- Because of lack of higher education - Because of lack of higher education among the marginalized among the marginalized community , and other causes being community , and other causes being high level of competition in the high level of competition in the market , due to those factors they market , due to those factors they remain in empowered .remain in empowered .

Endangered and Highly Marginalised Groups access Endangered and Highly Marginalised Groups access to Police , Army and Civil Service to Police , Army and Civil Service

in Nepalin Nepal

In the officers Ranking of Civil Service of Nepal In the officers Ranking of Civil Service of Nepal 84.3 % are Bahhaun & Chhetris whereas 38.3 84.3 % are Bahhaun & Chhetris whereas 38.3 % of total population in Nepal are Indigenous % of total population in Nepal are Indigenous people comprises 2.3 % in the same .people comprises 2.3 % in the same .

Dr. Ganesh Man Gurung , Member , Public Dr. Ganesh Man Gurung , Member , Public Service Commission Service Commission

In the Book :Endangered and highly Marginalised In the Book :Endangered and highly Marginalised community upliftment and Empowerment community upliftment and Empowerment

An analysis and amendment Proposal of legal An analysis and amendment Proposal of legal framework framework

Published by Kathmandu School of Law :Page no Published by Kathmandu School of Law :Page no 26 , year 2008 26 , year 2008

Civil and Political Rights of Civil and Political Rights of Marginalized Marginalized

Getting Citizenship is a Fundamental Rights , it is a Getting Citizenship is a Fundamental Rights , it is a immediate obligation of state to respect and ensure the civil immediate obligation of state to respect and ensure the civil and political rights .and political rights .

In Nepal , Non Residential Nepali have got Citizenship but not In Nepal , Non Residential Nepali have got Citizenship but not the Marginalized people the Marginalized people

Also the issue of Citizenship is linked with issue of Land (in short Also the issue of Citizenship is linked with issue of Land (in short it means no Citizenship no land ownership and possession .it means no Citizenship no land ownership and possession .

In Nepal , Non Residential Nepali have got Citizenship but not In Nepal , Non Residential Nepali have got Citizenship but not the Marginalised peoplethe Marginalised people

Marginalized people should have secure representation in the Marginalized people should have secure representation in the main stream of government and political dimensions.main stream of government and political dimensions.

““Citizenship is also crucial issue needily prompt and effectively Citizenship is also crucial issue needily prompt and effectively address . There are around 3.4 million people in Nepal address . There are around 3.4 million people in Nepal lacking Citizenship Certificate “lacking Citizenship Certificate “

Source :Dhanapati Uphadhya Commission HMG/N 1995 Source :Dhanapati Uphadhya Commission HMG/N 1995