EMRIP16: Item 9 – United Nations Declaration on the Rights of Indigenous Peoples, including report on Establishing Monitoring Mechanisms.
16th session of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)
17th to 21st July 2023, Geneva, Switzerland
Joint Statement on
Agenda Item 9 (continued): United Nations Declaration on the Rights of Indigenous Peoples, including report on establishing monitoring mechanisms.
Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP)
National Indigenous Women’s Federation (NIWF)
Delivered by: Hira Kumari Sinjali
Thank you Madam Chair,
We acknowledge the report of the EMRIP examining good practices and lessons learnt on effective mechanisms at the national and regional levels for the implementation of the UNDRIP. Indigenous Peoples are recognized under the Constitution and NFDIN Act. 2002. Indigenous Commission a constitutional body was established with the mandate of making policy recommendations. Nepal is a party to both the ILO Convention No. 169 and UNDRIP. The Fifth National Human Rights Action Plan of Government makes commitment to implement the ILO Convention No. 169 and respect the UNDRIP. The current 15th National Plan has similar provision for the implementation.
Despite this fact, the implementation of UNDRIP remains only on paper, not in the practice. The government stopped producing disaggregated data to conceal huge and pervasive discrepancies between Indigenous Peoples, and dominant groups in political, social, economic, educational, and other public and private affairs.
In the collaboration of International Work Group for Indigenous Affair (IWGIA) and Asia Indigenous Peoples Pact (AIPP) together with the, National Human Rights Commission, Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP), National Indigenous Women’s Federation and other Indigenous Organizations are asking the government to use the Indigenous Navigator tool to monitor the level of recognition and implementation of human rights and fundamental freedoms including right to self-determination, self-determined development, rights over lands, territories and natural resources, and indigenous Justice administration that are guaranteed under the UNDRIP.
We echo the statement of the Asia Indigenous Peoples’ Caucus and further recommend that EMRIP should facilitate the state to produce disaggregated data of Indigenous Peoples, that shows the clear status of implementation of every provision of the UNDRIP to rectify historical and contemporary injustices.
The Centre Bureau of Statistics and the National Planning Commission of Nepal should use citizenry data produced by Indigenous Organizations and other credible organizations while formulating national development plans and programs.
Thank you Madam Chair,