AIPNEE and CEMSOJ’s joint submission to the UN Working Group on Business and Human Rights for its forthcoming country visit to Japan

Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Community Empowerment and Social Justice Network (CEMSOJ) made a joint submission to the UN Working Group on Business and Human Rights on Monday for its forthcoming official country visit to Japan. The submission particularly focuses on the roles of Japanese institutions in providing assistance or financing projects that harm Indigenous Peoples in countries across Asia and the lack of accountability of those institutions to remedy such harms. It is based on our experiences of working with Indigenous communities that have faced or are facing human rights impacts due to energy and other projects reportedly or being (co-)financed by the Japan International Cooperation Agency (JICA)[1] and the Japan Bank for International Cooperation (JBIC)[2].

The submission details the challenges that are faced in seeking accountability of these mechanisms and accordingly provides recommendations.

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Joint submission to the UN Special Rapporteur calling attention to the continued concerns of Indigenous Magar and other local communities affected by Tanahu Hydropower Project in western Nepal

Community Empowerment and Social Justice Network (CEMSOJ), Indigenous Women Legal Awareness Group (INWOLAG), International Accountability Project (IAP) and NGO Forum on ADB made a joint submission to the newly appointed UN Special Rapporteur on the Right to Development on Tuesday to draw his attention to the continued concerns of Indigenous Magars and other local communities affected by the Tanahu Hydropower Project in western Nepal and calling for his action to safeguard the rights of the affected communities.

The Asian Development Bank (ADB), the European Investment Bank (EIB), the Japan International Cooperation Agency (JICA) and the Government of Nepal are co-financing the 140 MW reservoir type Project. Since the beginning of the Project, one main concern was the absence of accessible and timely information disclosure. In 2020, affected Indigenous Magar and other local communities submitted various complaints to the independent accountability mechanims of the ADB and the EIB calling for respect of their free, prior and informed consent (FPIC) in the Project decisions affecting them and for land-for-land and house-for-house compensation for the land and houses that will be impacted by the Project, among other demands such as restoration of communal resources such as grazing lands, sacred sites and forests as well as sharing of benefits of the Project. Further, they have also raised concerns about environmental risks posed by the impending inundation of the Project as well as ongoing illegal sand and stone mining on the riverbanks in the inundation area affecting their lands and settlements. Their complaints have results in dispute resolution processes facilitated by the ADB’s Office of the Special Project Facilitator (OSPF) and the EIB-Complaint Mechanim (EIB-CM), which are at various stages.

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AIPNEE and CEMSOJ’s joint submission on Development Finance Institutions and Human Rights to the UN

Below is the joint submission made by Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Community Empowerment and Social Justice Network (CEMSOJ) to the UN Working Group on Business and Human Rights for their forthcoming report on “Development Finance Institutions (DFIs) and Human Rights”. The submission particularly focuses on the rights of indigenous peoples based on the experiences of AIPNEE and CEMSOJ of working with indigenous and other local communities that have faced or are facing human rights impacts due to energy and trade facilitation projects financed by various DFIs.

Click here for the PDF of the submission.

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Indigenous Newar communities in Khokana and Bungamati call for follow-up actions from UN experts in Geneva to protect their rights threatened by the construction of Fast Track Expressway and other infrastructure projects

10 July 2022, Kathmandu

Indigenous Newar communities – affected by the Kathmandu-Terai/Madhesh Fast Track (Expressway) Project and other ongoing or planned infrastructure and urbanization projects in historical settlements of Khokana and Bungamati in the south of Nepal’s capital city, Kathmandu – have called on four UN mechanisms in Geneva to take follow up actions for safeguarding their rights against the continued serious threats of displacement of the communities, violations of their land and resource rights as well as cultural rights and other impacts on them due to the ill-planned projects.

In separate letters emailed today to the UN Special Rapporteurs on the rights of indigenous peoples, on the right to adequate housing and on the situation of human rights defenders as well as the Working Group on business and human rights, two local groups (Janasarokar Samiti of Khokana and Bungamati) representing the affected communities have urged the UN mechanisms to jointly examine the information submitted and undertake follow up correspondence with the Government of Nepal to protect and promote the rights of the indigenous communities in the context of those projects. As stated in the letters, besides the Fast Track Expressway, other ongoing or planned projects, including Bagmati River Basin Improvement Project (Bagmati Corridor), Kathmandu Outer Ring Road and Thankot-Bhaktapur Transmission Line Project and one of the four “Smart Cities” proposed in Kathmandu valley, will entirely displace the indigenous communities from the historical settlements. Asian Development Bank has directly or indirectly supported many of those projects.

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Nepal’s govt ignores UN experts’ letters concerning alleged violations of indigenous Newar rights in the construction of the Kathmandu-Terai/Madhesh Fast Track Expressway and of the Chhaya Center business complex

On 30 March 2021, UN experts sent a letter to the Government of Nepal regarding alleged violations of the rights of indigenous Newar peoples over their lands, resources and over the loss of religious and cultural sites in the context of the construction of the Terai/Madhesh FastTrack Expressway and the construction of the Chhaya Center business complex in the tourist district of Thamel in Kathmandu.

The Working Group on the issue of human rights and transnational corporations and other business enterprises; and three Special Rapporteurs on adequate housing as a component of the right to an adequate standard of living, on the situation of human rights defenders and on the rights of indigenous peoples of the UN had sent the letter requesting a response from the government. However, the government has disgracefully ignored the letter and not sent any reply even within the period of 60 days as provided in the letter.

The allegation letter is available at the link https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26282.

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निर्माणाधीन तनहुँ जलविद्युत् परियोजना प्रभावित आदिवासी समुदायबाट एसियाली विकास बैंक र युरोपियन इन्भेष्टमेन्ट बैंकमा उजुरी

प्रेस विज्ञप्ति 

निर्माणाधीन तनहुँ जलविद्युत् परियोजना प्रभावित आदिवासी समुदायबाट एसियाली विकास बैंक र युरोपियन इन्भेष्टमेन्ट बैंकमा उजुरी

परियोजनाले समुदायको स्वतन्त्र पूर्व सूसुचित सहमती कायम गर्न र जग्गा र जीविकामा हुने हानिको लागि पर्याप्त मुवाब्जा तथा क्षतिपूर्ति दिन असफल भएको गुनासो 

तत्काल प्रकाशनको लागि

८ फाल्गुन २०७६ 

तनहुँ, नेपाल – नेपालमा निर्माणाधीन तनहुँ जलविद्युत् परियोजनाबाट प्रभावित आदिवासी समुदायहरूले परियोजनासँगको समस्या समाधान गर्न स्वतन्त्र मध्यस्थताको लागि अनुरोध गर्दै परियोजनाका दुई लगानीकर्ता एसियाली विकास बैंक र यूरोपियन लगानी बैंकका उजुरी संयत्रहरुमा उजुरी गरेका छन्। “प्रत्यक्ष डुबान पिडित सामूहिक पुर्नअधिकार संरक्षण समिति”मा आबद्ध कम्तिमा ३२ प्रभावित परिवार वा जग्गाधनीहरूले जग्गाको सट्टा जग्गा र घरको सट्टा घर नै मुवाब्जा हुनुपर्ने, परियोजनाको विस्तृत सर्वेको क्रममा छुट्टिएका जग्गाको पुन: सर्वेक्षण गरिनुपर्ने र परियोजनाको प्रक्रियामा स्वतन्त्र पूर्व सूसुचित सहमती कार्यान्वयन गर्नुपर्ने सहितका १० बुँदे माग राखी गत मंगलबार (२८ माघ) मा उजुरी बुझाएका हुन्।  more “निर्माणाधीन तनहुँ जलविद्युत् परियोजना प्रभावित आदिवासी समुदायबाट एसियाली विकास बैंक र युरोपियन इन्भेष्टमेन्ट बैंकमा उजुरी”

Indigenous communities affected by the Tanahu Hydropower Project in Nepal file complaints with the Asian Development Bank and European Investment Bank

PRESS RELEASE 

Indigenous communities affected by the Tanahu Hydropower Project in Nepal file complaints with the Asian Development Bank and European Investment Bank 

Communities allege failure to uphold free, prior and informed consent and inadequate compensation for loss of lands and livelihoods

FOR IMMEDIATE RELEASE

February 20, 2020

TANAHU, NEPAL Indigenous communities affected by the Tanahu Hydropower Project in Nepal have filed complaints with independent watchdogs of the Asian Development Bank and the European Investment Bank — two co-financiers of the project — requesting an independent mediation process. At least 32 affected families or landowners organized under the “Directly Inundation Affected Peoples Collective Rights Protection Committee” calling for ‘land for land’ and ‘house for house’ compensation; re-survey of land left out during the ‘Detailed Measurement Survey’ of the project, and free, prior and informed consent in the project process, among their ten demands, submitted the complaints on Tuesday, 11 February. more “Indigenous communities affected by the Tanahu Hydropower Project in Nepal file complaints with the Asian Development Bank and European Investment Bank”