JICA

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

July 17, 2023

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

July 11, 2023

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

March 6, 2023

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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UNESCO, ILO and UN Nepal office called to take actions against displacement of Newars in Khokana and Bungamati due to Fast Track highway and other projects

April 1, 2020

Save Nepa Valley movement and Nepal Sanskritik Punarjagaran Abhiyan have called for urgent attention of UNESCO, ILO and UN country offices in Nepal to the serious threats of displacement of indigenous Newar communities, violations of their land and resource rights, destruction of cultural heritage and other impacts on them in the historical settlements of Khokana and Bungamati due to the ill-planned Kathmandu – Terai/Madhesh Fast Track (Expressway) and other infrastructure construction projects in the area. more “UNESCO, ILO and UN Nepal office called to take actions against displacement of Newars in Khokana and Bungamati due to Fast Track highway and other projects” …

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

February 20, 2020

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

February 20, 2020

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” …

The Struggle to Save Khokana and Bungmati

February 13, 2020

Translated from the original report by Sapana Maharjan published in the Annapurna Post at the link http://annapurnapost.com/news/147833

12 Feb 2020

Kathmandu: “We don’t need Outer Ring Road in Bunga and Khona. Protect agricultural lands, Stop importing food grains. Protect cultural heritage.” – such were the slogans of Khokana and Bungamati locals, who gheraoed Maitighar Mandala on Tuesday adorned in traditional costumes with a rally. The locals protested that the government was building the Fast Track by displacing the indigenous communities of Khokana and Bungamati.

Agricultural lands of Khokana and Bungamati have been under encroachment of the government to transform the Kathmandu valley into an ultra-modern city. One of the locals, Nepalman Dangol says that eight mega national projects such as Kathmandu-Terai Expressway (Fast Track) and Smart City are going to be constructed by destroying heritage settlements of Khokana and Bungamati. “Fast Track will eliminate not only the agricultural land of the areas but also the cultural heritage, Jatras (traditional fairs) and festivals. more “The Struggle to Save Khokana and Bungmati” …

Awareness raising seminars organized on communities’ rights and resettlement in relation to Tanahu Hydropower Project

June 13, 2017

Tanahu Hydropower Project affected communities’ bodies organized a series of three awareness raising seminars on communities’ rights and resettlement in relation to Tanahu Hydropower Project was organized today in Bhimad municipality and Myagde and Risingh villages from 11-13 June 2017.

The seminars were organized in coordination with Community Empowerment and Social Justice Foundation (CEmSoJ) together with Indigenous Women Legal Awareness Group (INWOLAG). more “Awareness raising seminars organized on communities’ rights and resettlement in relation to Tanahu Hydropower Project” …

ADB co-financed Tanahu Hydropower Project affected communities reject compensation

February 11, 2017

*Please note this is an unofficial translation

To editors of all media agencies
10 February 2017

Press release

The reports in local newspapers published on 10 February 2017 that Tanahu Hydropower Project have taken forward the process of distribution of compensation to the residents of reservoir area have drawn serious attention of the concerned people of the inundation area. The compensation has been determined in a one-sided and arbitrary manner without informing and obtaining consent of the affected people or their participation despite the preliminary discussions on the issue. The bodies of affected people – Tanahu Hydropower Directly Affected Area Concerned Committee & Directly Concerned Inundation Area Conservation Committee – jointly condemn the decision in strongest terms and express our disagreement on it.

We would like to draw the attention of the concerned agencies that the affected people do not agree with the compensation determined in any way and call on to consider the following points when determining compensation:

We have the natural right to determine the value of our lands ourselves. However, the compensation determined without our consent is undemocratic, so the compensation should be determined with our consent.
The compensation should be determined on the basis of not only the traditional thinking but also the scientific analysis of the use of the lands
Discrimination in compensation fixation
Among the affected areas under the Tanahu Hydropower Project, the residents of Jhaputar were provided compensation at the rate of minimum NPR 100,000 to NPR 300,000 per anna (31.80 m²). However, as per the news reports, we learnt of the decision that the residents within the reservoir under the same project would be compensated at the rate of NPR 200,000 to 800,000 per ropani (508.72 m²). Such discriminatory decision should be annulled and compensation should be distributed as per the 26-point memorandum of the affected people
About rejecting the compensation
We notify that we will not accept the compensation determined currently until the 26-point demands are addressed.
We notify that we will even submit a complaint to the Asian Development Bank regarding the discriminatory decision of the Project.
We notify that we will undertake strong protests if the 26-point demands are not addressed and will publish the protest programmes in near future

Signed
President
Directly Concerned Inundation Area Conservation Committee

President
Tanahu Hydropower Directly Affected Area Concerned Committee

Click here to read the original press release in Nepali and here to download the unofficial English translation of the press release.