Magar

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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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” …

Tanahu Hydropower affected communities express concerns on formation of local consultation forum and plan further advocacy actions

July 22, 2017

22 July 2017

Tanahu Hydropower Project affected communities have expressed concerns on the formation of local consultation forum as operational-level grievance mechanism for the project for lack of adequate mandate and effective representation of the communities. They have also planned further advocacy actions against the project, including litigations and complaints. more “Tanahu Hydropower affected communities express concerns on formation of local consultation forum and plan further advocacy actions” …

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” …

तनँहू जलविद्युत परियोजना प्रभावितद्वारा विरोध प्रदर्शन | Tanahu Hydropower Project affected communities stage protests

February 23, 2017

बुधवार ११ फाल्गुन, तनहुँ

तनँहू जलविद्युत परियोजनाको मुआब्जा तथा क्षतिपूर्ति निर्धारण समितिको विरोधमा परियोजना प्रभावितहरूले “जग्गाको सट्टा जग्गा दे, घरको सट्टा घर दे विभेदकारी मुआब्जा तथा क्षतिपूर्ति निर्देशिका बदर गर, पुर्नवास तथा आदिवासी जनजाति निति लागू गर, ए. डि. बि सुरक्षण निति पालना गर, अर्थपूर्ण परामर्श गर” लगायतको नारा उल्लेखित प्ले कार्ड सहित ३००-३५० जना प्रभावितहरूको बृहत् ¥याली मादी पुलबाट परियोजनाको कार्यालय हुदैँ जिल्ला प्रशासन कार्यलय दमौली अगाडि कोण सभामा परिणत भएको थियो ।

22 February, Tanahu

Tanahu Hydropower Project affected communities today staged a protest rally and assembly against the decision of compensation for the land acquisition and other impacts of the Project made by a governmental committee. The communities demanded land-for-land and house-for-house compensation, annulment of the discriminatory compensation directives in relation to the Project, respect for the Asian Development Bank safeguards and conduct of meaningful consultations for the implementation of the Project. Around 300-350 attended the rally that started from Madi Bridge and passed through the Project office before turning into a corner assembly in front of Tanahu District Administration office.

Asian Development Bank (ADB), European Investment Bank (EIB) and Japan International Cooperation Agency (JICA) are jointly financing the Project with Nepal Government, which Tanahu Hydropower Limited under Nepal Electricity Authority is implementing.

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.

Tanahu Hydropower Project affected communities submit 26-point memorandum to Energy Minister

December 19, 2016

18 December 2016
Kathmandu

Affected communities of the Asian Development Bank (ADB) funded Tanahu Hydropower Project today submitted a 26-point memorandum to Nepal’s Energy Minister Janardan Sharma informing on their concerns with the Project impacts and setting forth their demands.

In the memorandum, the Tanahu Hydropower Directly Affected Area Concerned Committee and Directly Concerned Inundation Area Conservation Committee have welcomed the Project for the sake of the country’s prosperity even though it has great impacts on their traditional lands, livelihoods and socio-economic life. They have alleged that the Project has deprived them of their right to formal information and misled the ADB by reporting up to 12 consultations when there has not been any meaningful consultation and not obtained consent though required by the ADB.

The memorandum calls on the Project, with copies furnished to relevant government authorities as well as the Project financiers –the ADB, European Investment Bank (EIB) and Japan International Cooperation Agency (JICA), to immediately fulfill their demands, which include provide a copy of the Resettlement and Indigenous Peoples Plan of the Project as well as ADB Safeguards Policy applicable to the Project, conduct meaningful consultations with the affected communities and include their representation in compensation fixation committee as well as to provide compensation for traditional lands of the communities to which the affected families do not hold legal title, among other demands.

After listening to the demands, Minister Sharma (not to be quoted) assured that the Project was for the people and our development, so the Nepal’s Government was always ready to help the local communities. He also said that though all the demands would not be fulfilled, their rights would also not be curtailed.

Parliamentarian of Tanahu district from Nepali Congress, the largest party in Nepal, Jhul Bahadur Ale (not to be quoted) was also present in the meeting and positive to the demands of the affected communities.

After meeting the Minister, the affected communities’ representatives went to the Project office in Kathmandu to submit their memorandum. However, since the CEO of Tanahu Hydropower Ltd was out of country, they filed their memorandum with the Deputy Manager, Chanda Ananda Raj Vaidya (not to be quoted). He informed about the works ongoing with the Project and took the demands positively and promised to respond to them shortly.

Earlier in November, the two bodies of the affected communities had submitted their memorandum to the local office of the Project.

You can read the original memorandum in Nepali here and the draft translation in English here (personal identities and pictures kept confidential).