Marginalized indigenous communities' access to natural resources in Nepal : national laws, policies and practices

Upreti, Bishnu Raj ... [et al.]

This case study focuses on the rights of marginalized indigenous peoples to access and control natural resources (land, water and forest) underpinning their livelihood and traditional occupations. Nepal is a diverse society but the rights of the indigenous populations to their traditionally used resources have been curtailed through various policies, regulations and practices, which further marginalized them. In the past, they had their own system of property ownership, which sometimes differed with the mainstream private property ownership system. In many cases they had been using the resources without any formal property ownership, but through understanding and traditional practices. They derived their cultural meanings and identity from their living in a certain location and using certain natural resources. Even for the management of these natural resources, they had their traditional system to which they had found meaning and thus had given commitments. But now their whole life and livelihood security have been threatened because of restrictions on the use of their traditional resources, evictions from their ancestral lands, and due to lack of proper policies and legislations to ensure their traditional and alternative livelihood opportunities. T his study briefly reviews the policies, legislations or regulations and practices related to land, water and forest, and then identifies the problems and opportunities inherent in them. The impact of the provisions in these policies and regulations on the livelihoods of the highly marginalized indigenous groups is then analysed. As there is also a wide range in the wealth and development status within indigenous peoples (popularly called ethnic groups or Janajatis in Nepal), the case study is limited only with highly marginalized ones, as their livelihoods are threatened by the practices of the state, market and mainstream society.

Event: A vision for the future : International Conference on Agrarian Reform and Rural Development

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Document type:Marginalized indigenous communities' access to natural resources in Nepal : national laws, policies and practices (538 kB - pdf)