Nepal Country Presentation12
- 1. Problems and Challenges faced by Marginalized, Endangered Communities and other Vulnerable Groups in the Context of Good Governance and Protection of Human Rights
- 2. Contents Introduction to Nepal Short Introduction to Indigenious Nationality Introduction to Marginalised Groups -Definition -Characteristics -Population of Endangered Groups , Highly Marginalised Groups , Marginalised Groups
- 3. Nepal is a land locked Country situated in the southern slope of Himalaya, height ranging from 60 Meters to 8850 Meters It has five Physiographic regions Terai , Hills , High Mountains, Artic Regions, Chure regions The Population of Nepal is estimated to be 25 millions approximately . It is rich in biodiversity as well as Water Resources .Tourism Industry and Agriculture are Major Economic Sources.
- 8. The 2001 Census identified 103 caste and Ethnic groups and 92 Languages and dialects Source : 2001 Census Data Report , Central Bureaus of Statistics ,Nepal Marginalized and other disenfranchised community constitute a significant part of Nepal’s population . Dalits community comprises of over 12% approximately of 25 million people of Nepal , Similarly other disenfranchised groups such as Santhal , Rajbanshi , Mushar so on constitute over 2 million people in aggregate . (Source :Empowerment of Disenfranchised Communities , Structured Consultation Report , Kathmandu School of Law (KSL), pg
- 9. Introduction Short Introduction to Indigenous Nationality In Nepal they are commonly known as JanaJatis and it is recognized by government and constitutes about 37.2% (8.4 million) of total population of Nepal . The essential characteristics of these groups are 1) distinct collective identity 2) lingua Franca (own Language, Mother Tongue) 3) Particular geographical distribution 4)Own Culture , Cultural and religious identity
- 10. Contd.. According to section (2) of National Foundation for development of indigenous Nationality Act 2002 “ Indigenous Nationality means a tribe or community as listed in the schedule having its own mother language and traditional rites and customs ,distinct cultural identity . Distinct social structure and written and unwritten history . Recently government has declared 59 groups as janajatis”
- 11. Marginalized Groups Definition Those people who have been demarcated from mainstream of Country dimensions such as social, political and economical by the feudal and majoritarian system of democracy, as Haves and Haves Not . Those people who are deprived socially , economically and politically . In all the dimension of life .
- 12. Marginalised Groups (Characteristics) Miserable economic condition Level of Education status is below par Exclusion and restricted access to resources and opportunities Less population Cultural identity is in the process of extinction . In the condition of physical extinction (Endangered groups – e.g. Bankariya, 44 nos Makwanpur District ,Mid West Nepal .)
- 13. Population of Endangered Groups Kusunda -162 hill (mid west) dang ,salyan Bankariya 44 hill (mid west ) Raute 658 inner madesh and far west ,surkhet Surel 149 hill (east) Dolakha Hayu 1821 hill east (Kavre Palanchowk ) Raji 2399 inner madesh(mid and far west Kisan (kuntum ) 2876 terai ( far east ) Jhapa Lepcha ( lapcha , Rong ) 3660 hill far east Ilam Meche (Bodo ) 3763 terai Jhapa Kusbadiya 552 terai mid west dang , salyan
- 14. Population of Highly Marginalized Groups Majhi (Bhumar )72614 inner madesh mid west Kavre Palenchowk , Sindhuplchowk ,Ramechap , Sindhuli … Siyar (Chumba ) 1000 (mid west ) Humla Lohmi ( Kharbhote , Singhsaba 2000 Mountain (far east ) Thudam 200 east Sankuwasabha Dhanuk (Rajvanshi ;Kurmi 188150 terai far east jhapa Chepang 52237 hill Makwanpur ,Chitwan , Gorkha , Dhading Satar (Santhal ) 42698 terai (far east ), Jhapa , Morang Dhungar /Ghangar /Jhagad/ Dhangad /41764 terai far east Thami 22999 hill dolkha Bote 7969 inner Madesh Tanahu ,Kaski Danuwar 53229 inner Madesh Baramu 7383 hill mid east C:\WINDOWS\hinhem.scr
- 15. Population of Marginalized Groups Sunuwar 95,254 Tharu 15,33,879 Tamang 12,82,304 Bhujel 1,17,568 Kumal 99,389 Rajbanshi (koch ) 97,241 Gangai 31,318 Dhimal 195,37 Bhote/Bhutiya 19261 Darai 14,859 Tajpuriya 13220 Pahari 11,505 Topke gola (Dhokpya )nearly 23,000 Dolpo 2oooo Free (phree ) Mugali (mugu ) approx. 12000 Larke (Nupriba ) mountain Lohpa (mustang ) Dura 5, 169 Walung 1,448
- 16. Problems & Challenges Faced by Marginalized Livelihood -Land Ownership and Possession - Occupation The marginalized people have a particular problem with unregistered land ,while those in the hills suffer from plots that are not suitable for cultivation . It is revealed that all marginalized people of Nepal in the past had a huge portion of land but now they are in the verge of being landless.
- 17. Problems & Challenges , Contd… No Access to Justice -Lack of Awareness among communities . The marginalized communities are unaware about the practices and formal procedures of court . -Red Tapism -Economic Condition Marginalized people who are deprived of a square of meals a day , obviously they are not able to pay the court fees to file a case and also lawyers fee.
- 18. Access to Justice There are three sources for which cases arises in the court , they are Property , Rajya Shakti ko paad , and issue relating to women regarding right to property , but unfortunately Marginalized have no access to all these resources , for what they go to the court When they can’t afford for a square of meals , how can they afford the Prescribed court fee ? Is justice to be only bought when people are rich ? while taking bayan and baak patra it must be taken in the language they understand (suggested ) Also the issue of Citizenship is linked with issue of Land (in short it means no Citizenship no land ownership and possesion .
- 19. Problems & Challenges , Contd… No access to Education -Linguistic differences -Geography Condition Poor Health Condition -Liquor -Heavy Physical Works -Unhygienic Food and lack of proper sanitation
- 20. Problems & Challenges , Contd… Unemployment - Because of lack of higher education among the marginalized community , and other causes being high level of competition in the market , due to those factors they remain in empowered .
- 21. Endangered and Highly Marginalised Groups access to Police , Army and Civil Service in Nepal In the officers Ranking of Civil Service of Nepal 84.3 % are Bahhaun & Chhetris whereas 38.3 % of total population in Nepal are Indigenous people comprises 2.3 % in the same . Dr. Ganesh Man Gurung , Member , Public Service Commission In the Book :Endangered and highly Marginalised community upliftment and Empowerment An analysis and amendment Proposal of legal framework Published by Kathmandu School of Law :Page no 26 , year 2008
- 22. Civil and Political Rights of Marginalized Getting Citizenship is a Fundamental Rights , it is a immediate obligation of state to respect and ensure the civil and political rights . In Nepal , Non Residential Nepali have got Citizenship but not the Marginalized people Also the issue of Citizenship is linked with issue of Land (in short it means no Citizenship no land ownership and possession . In Nepal , Non Residential Nepali have got Citizenship but not the Marginalised people Marginalized people should have secure representation in the main stream of government and political dimensions. “ Citizenship is also crucial issue needily prompt and effectively address . There are around 3.4 million people in Nepal lacking Citizenship Certificate “ Source :Dhanapati Uphadhya Commission HMG/N 1995