Marginalized Indigenous Communities' Access to Natural Resources in Nepal: National Laws, Policies and Practices
Bishnu Raj Upreti and Jagannath Acharya, 2006
A case study prepared for discussion during International Conference on Agragrian Reform and Rural Development (ICARRD) held in Porto Alegre, Brazil, from 7 to 10 March 2006.

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.

This 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.

A case study was conducted in Nawalparasi and Chitwan districts focusing on Bote, Mahji, Kumal, Tharu and Chepang communities, which were the under the categories of marginalised and highly ethnic groups. Mushahar from the nonethnic group was also covered in the study. A multidisciplinary team consisting of members engaged in issues like conflict, natural resources management, livelihoods and food security and land rights was involved in the study. Various rapid appraisal methods were used to gather the information and understand the situation and concerns of these people. Consultative meetings were also held with the representatives of the organizations working for their rights and welfare. Similarly, consultative meetings were held with government agencies, donors and NGOs.

The study clearly shows that livelihood security of these peoples have become precarious due to multiplicity of factors, but mainly from the practices of the state not to recognize their traditional rights on the resources useful for their occupations. These peoples were basically fishermen, gatherers, swidden cultivators using the forests located in their
culturally defined territories. These areas were also linked to their life as they needed them to gather various products required for their religious rituals. But their rights have been curtailed by various resource management policies and regulations of the state. Very recently, government started new policy of giving up to a half of the income from the
national parks to the peoples living in the vicinity, thanks to the advocacy of civil society. But because of lack of participation and voice, they were not able to get large benefit from this provision also.

Based on the findings, it is recommended that two-pronged advocacy strategy should be followed: securing rights to the use of traditionally used resources and get maximum benefit for these marginalized indigenous groups, and helping to develop alternative livelihoods by making them capable to deal with the market and modern world.

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