Indigenous Majhi and local communities affected by Sunkoshi-Marin Diversion Multipurpose Project submit 13-point demands to the local authorities

18 January 2021, Manthali, Ramechhap

Indigenous Majhi and other communities affected by the Sunkoshi-Marin Diversion Multipurpose project in Ramechhap district in eastern Nepal have submitted a 13-point memorandum to the local authorities on Sunday expressing their discontent with the project. They have alleged that they have not been adequately informed and meaningfully consulted about the project and that there has not been an agreement on the decision making of the project, including in relation to land acquisition.

Sunkoshi-Marin Diversion Multipurpose Project Affected Committee submitted the memorandum with signatures of more than 300 affected persons of six villages that lie within the inundation area of the project in Ramechhap district to the District Administration Office, Manthali municipality, Khadedevi rural municipality, Land Revenue Office as well as representatives to the federal and provincial parliaments from the district. The memorandum was also submitted to the Ministry of Energy, Water Resources and Irrigation and the Office of the Prime Minister and Cabinet of Minister through the District Administration Office.

Aimed to provide irrigation facilities to 122,00 hectares of land in five districts in southern Nepal by diverting water from Sunkoshi river to Marin Khola, the Sunkoshi-Marin Multipurpose Diversion Project – termed as project of national pride – will also generate 28.62 MW of hydroelectricity. As stated in the memorandum, the under-construction project will inundate ancestral lands, riverbanks and sacred sites of indigenous Majhi and other local communities that they have traditionally used or acquired. That will displace the communities, deprive them of agriculture, fishing, boating and other livelihoods and negatively impact their religious, cultural and social lives.

Around 90 percent of the people living in the inundation area belong to highly marginalized Majhi community. However, as per the memorandum, the inundation area determined without effective representation of the Majhi community and the land acquisition notice published by Nepal government in September 2020 have caused uncertainties among the affected communities while they also do not agree with the rate of compensation fixed by the official Compensation Determination Committee without their representation.

The Committee representing the affected communities has warned of series of protests if the authorities do not take concrete steps to address their following 13-point demands within fifteen days.

  1. Information related to the Sunkoshi Marine Diversion Multipurpose Project, including the Environmental Impact Assessment Report, should be made available in language and form understandable to the affected communities.
  2. Affected indigenous Majhi and other communities should be meaningfully consulted and their Free, Prior and Informed Consent (FPIC) must be obtained on the decisions of the project impacting the communities.
  3. As there is uncertainty and disagreement among the affected communities about land acquisition and other impacts of the project on the properties (houses, lands, sheds, etc.) as well as the riverbanks and other lands and resources of the communities with or without their legal titles, a field survey should be redone with participation of the concerned communities to ascertain the impacts of the project or acquisition of properties and lands and to determine fair compensation. In particular, there should be representation of the affected communities in the Compensation Determination Committee.
  4. If the land and properties must be acquired, arrangement should be made for land for land and house for house compensation of the same quality and value for the land or house acquired as per the desire of the affected household. Similarly, proper arrangements should also be made for the houses, cowshed, lands and resources of the affected indigenous Majhi communities that they have traditionally used or occupied but do not hold legal ownership titles to.
  5. Affected communities should be allowed to use the lands and properties that will be acquired until inundation and the crops and trees affected by the inundation should also be provided fair compensation.
  6. Each family in the affected area should be provided an employment per household in the project based on skills and capacities. There should be a free training from the project to increase the capacities of those affected.
  7. The project should be transformed into a company and the affected indigenous Majhi and locals should be provided free shares of the project and free electricity generated from it.
  8. The money that will be provided to the local government of the affected areas under the Community Development Program of the project should be used especially for the benefit of the affected Indigenous Majhi and local communities in participation of the communities. In particular, model settlements should be developed in the inundation area through the development of education, health, transportation, electricity, drinking water, communication and other infrastructures. In addition, necessary survey should be undertaken, and concrete walls should be constructed for the protection of the villages around the inundation area, including lands, schools, and physical infrastructure therein.
  9. The revenue received from the project by the local and state governments (25% each) should be used for the benefit of the affected Indigenous Majhi and local communities with the participation of the affected communities.
  10. In the reservoir formed by the project, tourism and boating programs should be conducted through local committees of the affected Majhi communities to preserve their traditional skills and livelihoods, and the government should provide necessary assistance for such programs.
  11. As no assessment has been made of the serious negative impacts on the culture of the Indigenous Majhi affected by the project, including the inundation of the ghats (sites for boat landing/crossing and holding fairs), cultural impact assessment for the project should be undertaken with participation of the affected communities. The project should implement programs to preserve the culture, language, and costumes of the Majhi tribe with the participation of the communities. In particular, funeral sites (sites for making offerings to the departed) and places for fishing of the Majhis should be managed. In addition, public properties including temples, religious sits and rest houses should be properly protected and developed.
  12. Special programs should be put in place for the protection and development of women, children and senior citizens of the project affected areas.
  13. The rights of indigenous Majhi and local communities should be ensured in course of the implementation of the project in accordance with Convention No. 169 of the International Labor Organization (ILO C169) and other international laws. In particular, the specific rights of the affected indigenous Majhi to the local resources should be guaranteed.

Click here to read this website post in Nepali and the original memorandum in Nepali.

Indigenous Newar communities in Khokana and Bungamati call on UN mechanisms in Geneva for immediate actions to protect their rights threatened by the construction of Fast Track Expressway and other infrastructure projects

1 December 2020, 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 two UN experts in Geneva to take prompt actions for safeguarding their rights against the 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 sent today to the UN Special Rapporteurs on the rights of indigenous peoples and in the field of cultural rights, two local groups (Janasarokar Samiti of Khokana and Bungamati) representing the affected communities have urged the Rapporteurs to jointly examine the information submitted and correspond with the Government of Nepal to protect and promote the rights of the indigenous communities to their lands, resources, sacred places and culture 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.

The groups have requested that the Special Rapporteurs write to the Government to

  • immediately halt the ongoing construction of the Fast Track Expressway and revise its alignment to preserve the arable and communal (Guthi) lands as well as historical and cultural sites in Khokana and Bungamati,
  • remove the camp and other structures of the Nepal Army, which is assigned to construct the Expressway, installed in Khokana and return the occupied lands to the concerned landowners,
  • ensure the right to peaceful assembly and freedom of expression of the affected communities to voice their concerns against the Fast Track Expressway and other projects and create an amicable space for meaningful dialogue on their concerns, and
  • obtain the free, prior and informed consent of the affected communities for the Fast Track Expressway and other projects affecting their lands and resources.

Earlier, the groups had sent similar letters to the country offices of the International Labour Organization (ILO), UNESCO and the UN in Kathmandu. The representative of those offices had also undertaken field visits to Khokana and Bungamati to understand the concerns of the communities. However, the Government has not responded positively to the correspondence from those offices to facilitate a meaningful dialogue with the affected communities.

Over the years, the Khokana and Bungamati locals have organized various gatherings, protests and demonstrations to express their opposition to the various projects Those protests and demonstrations have often been responded with brutal police repression. In July, a clash erupted between protestors and police when the authorities intervened in a “paddy transplantation protest” organized in Khokana at the proposed zero point of the Fast Track. Over a dozen protestors were injured when police lobbed tear gas shells and charged batons while four police personnel were also injured. Recently, on an almost daily basis, the locals engage in heated arguments with the sub-contractors of the Fast Track Expressway who seek to undertake construction in private & communal lands of the communities amidst prohibitory orders for the general public to stay indoors due to Covid-19 pandemic.

In February, more than fifty affected locals and communities’ representatives of Khokana and Bungamati had filed a writ petition at Nepal’s Supreme Court calling for the protection of the historical settlements and the communities therein against the multiple “development” projects. However, the Court has repeatedly postponed hearings on the petition while the construction of the Fast Track Project progresses continuously. In their letters to the Special Rapporteurs, the groups have alleged violations of their rights guaranteed in national and international laws, including the ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples that apply to Nepal.

Click here to read the annex to the letters submitted to the Special Rapporteurs for more information.

For further details or inquiries, contact Janasarokar Samiti, Khokana at khokanajanasarokarsamiti@gmail.com.   

Joint submission on the human rights situation of indigenous Newar communities made to the UN for the 3rd Universal Periodic Review of Nepal

Community Empowerment and Social Justice Network (CEMSOJ), Himalayan Human Rights Monitors (HimRights) and Save Nepa Valley movement today made a joint submission for the 3rd Universal Periodic Review (UPR) of Nepal. The UPR is a unique process which involves a review of the human rights records of all UN Member States and is held under the auspices of the UN Human Rights Council. The submission presents key human rights challenges faced by indigenous Newar communities, particularly in the context of “development” projects in Nepal and examines the compliance of the Government of Nepal with seven recommendations received during the 2nd UPR cycle of Nepal related to the rights of Newar and other indigenous nationalities.

The groups making the submission have expressed concern that Nepal’s legislative processes and development policies and projects as well as private investments in the country violate the rights of indigenous Newar and other communities and their overall well-being. While those affected indigenous groups, particularly indigenous women, have limited participation in decision-making processes in Nepal’s State structures, they are further alarmed by restrictions on freedom of assembly in Nepal manifested through the use of excessive security force to supress protests, which makes it further difficult for those groups to demand remedies for the harms they suffer.

While discussing the human rights challenges faced by indigenous Newar communities, the assessment in the submission demonstrates that the Government has failed to effectively or fully implement the recommendations related to the rights of indigenous peoples and freedom of assembly as well as redress for discrimination in post-earthquake reconstruction, among others. Accordingly, following recommendations are made in the submission to address to ensure sustainable development with respect for the rights of individuals and communities.

  1. The Government should recognize the rights of indigenous peoples to maintain and develop their own customary systems and institutions such as Guthi of Newars with separate legal arrangement and autonomy for Guthis, including full ownership and control of their lands and resources and management of their internal and local affairs.
  2. The Government, in conjunction with the concerned indigenous communities and their customary and representative institutions such as the Guthis of Newars, should undertake appropriate measures to identify, demarcate and title their traditional lands and resources as well to return such lands and resources lost by the communities to State, business or other actors, where feasible, or provide effective remedy for such loss if return is not possible.
  3. In the context of “development” projects such as Kathmandu Valley Road Improvement Project, Kathmandu – Terai/Madhesh Fast Track Project, Kathmandu Outer Ring Road, Smart Cities, Bagmati River Basin Improvement Project, Thankot – Bhaktapur Transmission Line Project and Chobhar Dry Port affecting indigenous Newar communities, the Government, in line with the recommendations of the UN’s Committee on the Elimination of Racial Discrimination (CERD), Committee on Economic, Social and Cultural Rights (CESCR) and the Special Rapporteur on the rights of indigenous peoples, should
    • adopt appropriate measures to ensure that the concerned indigenous communities are meaningfully consulted, through their own representative institutions, and to obtain their Free, Prior and Informed Consent (FPIC) before launching any development project as well as in the planning and undertaking of such project that affects their traditional land or resources.
    • provide redress to the communities or affected families for their loss of land or access to natural resources (such as fair and adequate compensation for those forcibly evicted or whose houses were demolished for road expansion or return of land already seized for Fast Track highway) incurred without their free, prior and informed consent when that loss has occurred by the establishment of development projects’.
  4. With regards to private and communal lands and resources of Newars and other indigenous communities acquired in the past for various State such as in relation to the Chobhar dry port, business or other projects, the Government should return them to the original landowners if those lands and resources are not used in their original purpose or the concerned landowners or communities do not agree with the changed purpose of the land or resource use in line with national and international legal obligations of Nepal.
  5. The Government should, in conjunction with representative institutions of indigenous peoples, undertake a comprehensive program for amendments to the constitution and existing laws or formulation of necessary new laws, policies and plans for implementation of Nepal’s commitments under the ILO Convention 169 and the UNDRIP. Such program should particularly ensure the rights of indigenous peoples to their lands, territories and resources, to development and to self-determination, including for indigenous women, in line with the recommendation of the Committee on the Elimination of Discrimination against Women (CEDAW).
  6. The Government should halt reversal of affirmative measures such as existing legal provisions for reservation/quota for indigenous peoples and other marginalized groups and should strengthen implementation of those provisions to ensure access by members of marginalized indigenous communities, particularly indigenous women, to employment in civil service and public institutions.
  7. The Government should immediately adopt multilingual policy for its official languages at federal, provincial and local governments with provision of necessary resources to promote use local indigenous languages in its works.
  8. The Government should invest more resources to promote mother-tongue based multilingual education in public/community schools as well as to support indigenous communities or their representative institutions to set up their own educational institutions and systems.
  9. The Government should undertake targeted measures with provision of adequate resources to support marginalized groups such as indigenous peoples in post-earthquake reconstruction of their private and communal properties with meaningful consultation with the concerned communities to obtain their consent on the reconstruction policies.

Click here to download the full submission

Campaign to restore archaeological Kamal Pokhari in Thamel urges ILO and UN to protect rights infringed due to construction of Chhaya Center

Campaign to Restore Archaeological Kamal Pokhari in Thamel has drawn attention of the ILO and UN offices in Nepal to the encroachment of traditional lands, including a historical pond and its banks, of indigenous Newa community in Kathmandu’s tourist district of Thamel for construction of Chaya Center business complex. The Campaign has thus called the ILO and the UN to push Nepal’s government for promotion and protection of the rights of the community. more “Campaign to restore archaeological Kamal Pokhari in Thamel urges ILO and UN to protect rights infringed due to construction of Chhaya Center”

Dialogue Seminar on Ensuring Communities’ Rights in Nepal’s REDD+ Process organized

13 January 2017, Bhaktapur

CEmSoJ organized a two-day “Dialogue Seminar on Ensuring Communities’ Rights in Nepal’s REDD+ Process in Nepal” in Bhaktapur on 12-13 January 2017 so as to enhance the awareness of the concerned stakeholders and share knowledge among them on the concept of REDD+ and associated practices and impacts.

More than 45 representatives of various stakeholder organizations, including Nepal Federation of Indigenous Nationalities (NEFIN), National Indigenous Women’s Federation (NIWF), Federation of Community Forestry Users Nepal (FECOFUN), Nepal Bar Association (NBA) and environmental lawyers’ groups as well as REDD+ Implementation Center of the Government of Nepal attended the seminar.

Participants of the seminar discussed practices and impacts of implementation of the concept of REDD+ in global context and the current situation of REDD+ implementation in Nepal in the context of the writ petition CEmSoJ had filed in Nepal’s Supreme Court last year for strong safeguards for the rights of indigenous peoples and forest-dependent communities as per international legal standards for designing and implementing REDD+ in Nepal.

15965270_1455236567819843_8356581494854122670_nThe participants identified the need to undertake greater awareness raising on REDD+ particularly at the community levels, stronger advocacy and litigation for legal reforms to make Nepal’s relevant laws at par international human rights standards including the UN Declaration on the Rights of Indigenous Peoples and put greater attention to specific impacts on indigenous women due to climate change and proposed solutions therefor, among others at the conclusion of the seminar.

Climate Change Adaptation Expert Shree Kumar Maharjan, CEmSoJ Chairperson Prabindra Shakya, National Coordinator of NEFIN Climate Change and REDD Partnership Programme Tunga Bhadra Rai, Under Secretary of REDD+ Implementation Center Dr. Mohan Prasad Poudel and Advocate Dil Raj Khanal of FECOFUN delivered paper or presentations on REDD+ Practices and Impacts, Writ Petition filed in Nepal, Climate Change and Rights of Indigenous Peoples, REDD+ Implementation in Nepal and Framework for Carbon Trade in Nepal during the seminar. Kathmandu University School of Law Prof. Prakash KC and Senior Advocate Dr. Chandra Kant Gyawali facilitated and reported on the sessions of the seminar.

Khokana Newars file complaint to NHRC over human rights violations in land acquisition for Kathmandu-Tarai Fast Track Highway

26 September 2016, Lalitpur

Newars of Khokana area today filed a complaint with the National Human Rights Commission demanding redress for violations of their property, land and cultural rights in course of land acquisition process for Kathmandu-Tarai/Madhes Fast Track Highway.

Land acquisition notice for the Fast Track Highway, a national pride project, was published in March. Khokana representatives, including local political leaders, had immediately submitted a complaint to the Ministry of Home Affairs citing disagreements over absence of consultation among affected communities about the project design as well as impacts. There has not been any response to their complaint. more “Khokana Newars file complaint to NHRC over human rights violations in land acquisition for Kathmandu-Tarai Fast Track Highway”

काठमाडौँ तराई द्रुतमार्गको जग्गा अधिग्रहणमा खोकनामा मानव अधिकार उल्लंघन भएको भन्दै राष्ट्रिय मानवअधिकार आयोगमा उजुरी

ललितपुर, ६ आश्विन २०७३

काठमाडौँ तराई (मधेस) द्रुतमार्ग परियोजनाको जग्गा अधिग्रहण प्रक्रियामा खोकनावासीका सम्पत्ति, जमिन तथा संस्कृतिलगायतका अधिकार हनन भएको भन्दै स्थानीय प्रतिनिधिहरुले राष्ट्रिय मानवअधिकार आयोगमा उजुरी गरेका छन् ।

राष्ट्रिय गौरवको परियोजना भनिएको दु्रतमार्गको लागि खोकना क्षेत्रमा जग्गा अधिग्रहणको सूचना गत चैतमा प्रकाशित गरिएको थियो । लगत्तै राजनीतिक दलका स्थानीय नेतासहित स्थानीय प्रतिनिधिहरुले प्रभावित समुदायसँग योजना निर्माण र त्यसका प्रभावबारे कुनै परामर्श नगरी जग्गा अधिग्रहण गर्न लागिएको कार्यमा अस्वीकृति जनाउँदै गृह मन्त्रालयमा उजुरी दर्ता गरेका थिए । सो उजुरीको हालसम्म कुनै सम्बोधन भएको छैन । more “काठमाडौँ तराई द्रुतमार्गको जग्गा अधिग्रहणमा खोकनामा मानव अधिकार उल्लंघन भएको भन्दै राष्ट्रिय मानवअधिकार आयोगमा उजुरी”

Support for rebuilding earthquake affected school in Lalitpur

CEmSoJ, with financial support from We Are Nepal, assisted for fencing the playground of Shree Chandeswori School, located atop a hill at Pyutar-Simle in Lalitpur, Nepal. CEmSoJ expresses gratitude to We Are Nepal team for the support. If you wish to support the post-earthquake recovery initiative of CEmSoJ for further rebuilding of Shree Chandeswori School, go to the link https://cemsoj.wordpress.com/recovery-initiative/shree-chandeswori-secondary-school-pyutar/ or contact us at cemsoj@gmail.com.
more “Support for rebuilding earthquake affected school in Lalitpur”

Stationeries for earthquake affected Shree Chandeswori School

CEmSoJ, in collaboration with Leo Nepal District 325, distributed stationeries (exercise books, pens, calculators, etc.) for students and management of Shree Chandeswori School in Pyutar-Simle in southern Lalitpur, Nepal. The School badly affected earthquake seeks more support for rebuilding and recovery. See https://cemsoj.wordpress.com/…/shree-chandeswori-secondary…/ to see how you can support or write to us at cemsoj@gmail.com

more “Stationeries for earthquake affected Shree Chandeswori School”

Nepali government must urgently address constitutional grievances before winter brings catastrophe, says MRG

PRESS RELEASES | 21 DEC 2015

Nepal earthquake The government of Nepal must urgently address concerns about the new constitution, which fails to adequately protect the rights of minorities and indigenous peoples, or face a devastating humanitarian crisis as winter looms, Minority Rights Group International (MRG) said today.

Nepal is currently stuck in a political deadlock following months of protests over the approval of a controversial constitution that some minorities and indigenous people say sidelines their rights. Ethnic Madhesis have staged a blockade of key border points in southern Nepal since September, preventing essential goods and fuel from reaching the landlocked country, causing the price of rice and cooking oil to skyrocket.

more “Nepali government must urgently address constitutional grievances before winter brings catastrophe, says MRG”