www.bahingkm.org.np

United Nations Permanent Forum on Indigenous Issues

United Nations Headquarters

New York

19 to 29 April, 2010

Respected chairperson, distinguish delegates and international communities, Greetings to all of you from Bahing community of Nepal!!

Nepal is a multi caste, multi-ethnic, multi-lingual, multi-cultural and geographically diverse country of the South Asia. The population of Nepal comprises more than 101 castes and ethnicities. Of the total population 37.2% is of Indigenous Peoples (IPs). After the unification of Nepal in 1831 Bikram Sambat, the state adopted discriminatory policies of one language, and mono culturalism depriving of the IPs of their civil and political rights. As a result, IPs are lagged behind in all spheres of development including their identity loss. Many of the IPs are at the verge of extinction by having lost their language, culture and history.

The 1991 constitution of Nepal accepted the country as multi caste, multi ethnic, and multi cultural country. Accordingly, the state brought policy on development mainstreaming of marginalized peoples particularly women, Dalit, and IPs. A taskforce was constituted for identifying the IPs groups, which identified 59 groups as IPs (Indigenous Peoples) and Government enlisted them under the National Foundation for the Development of Nationalities (NFDIN) Act. Having the same criteria for enlistment many groups like Bahing and others have been denied recognition. On the contrary, having the same criteria as Bahing and others, Yakkha, a group from the Kirat stock has been given recognition. This is a whimsical and irrational decision based on self-interest and emotion rather than rationality. This irrational decision has victimized more than 26 groups which are denied recognition.

In the process of our struggle for Identity, Bahing along with other un-enlisted groups have made appeals to government including OHCHR Special Rapporteurs Prof. Stavenhagen and Prof. James Annay during their visit to Nepal. They have taken this issue to the government recommending action. But the government of Nepal has not taken serious action. The government of Nepal has ratified ILO C 169 and signed UNDRIP, but has not respected the spirit of the convention and declaration.

As Bahing is not enlisted under the NFDIN act, the group is deprived of access to the state resources though, new constitution writing process is on, and there is no representation of unlisted groups including Bahing community. The government of Nepal has not formed a thematic committee to represent IPs in the Constituent Assembly to suggest IPs issues to be addressed by the new constitution despite the fact that the CERD committee asked it to do so last year. With regard to the sub article 1, 2 and 3 under article 32, the government of Nepal has so far taken no action to uphold the spirit of the Article. As a result, some conflicts between the government and different IP communities have already taken place about development activities related with water resources and quarrying.

I, therefore, would like to urge UNPFII for support and international brothers and sisters to join hands with us for our common cause to safeguard our social diversity in our country, Nepal.

Thank you

Name: - Mekh Raj Rai (Bahing)

Organization: - Bahing Kirat Mulukhim Nepal