Cultural Survival and our partner organizations in Nepal, including Nepal Tamang Women Association, Newa Misa Daboo, Sunuwar Women Society, Indigenous Women's League Nepal (IWL Nepal), and National Indigenous Disabled Women Association Nepal (NIDWAN), submitted an alternative report on the situation of Indigenous women’s rights in Nepal for the 90th session of the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), which will take place in Geneva from February 3rd to 21st, 2025.
The CEDAW is a group of independent experts responsible for overseeing the implementation of the Convention on the Elimination of All Forms of Discrimination against Women. It is composed of 23 specialists in women’s rights from various countries. The Convention serves as a powerful instrument for women globally to effect change in their everyday lives. In nations that have ratified the treaty, CEDAW has been crucial in combatting discrimination’s adverse effects such as violence, poverty, inadequate legal protections, and the denial of rights related to inheritance, property, and access to credit.
The submitted alternative report is based on the rights violations suffered by Indigenous Peoples in Nepal, Indigenous women in particular. In Nepal, substantial obstacles remain in attaining genuine gender equality, as existing frameworks frequently overlook the varied experiences and the unequal social, economic, cultural, and political status of women, especially those from marginalized groups such as Indigenous Peoples. Indigenous women’s traditions are often criminalized; they are among the most vulnerable subjects to human trafficking; their language, cultures, and worldviews are also facing threat under the current education system. In addition, governmental plans addressing climate change ignore particular needs of Indigenous communities and fail to engage them as active participants. Furthermore, infrastructure projects carried out by the government frequently violate their fundamental rights to Free, Prior and Informed Consent (FPIC).
Nepal is a country rich in diversity, with 142 ethnic/caste groups and Indigenous nationalities that communicate in more than 124 languages and follow a variety of religions. According to the 2021 National Population and Housing Census conducted by the Central Bureau of Statistics, females make up a slight majority of the whole population. Indigenous women constitute a notable segment of this demographic, representing 36% of all women in Nepal. Despite the numbers, they face intersecting discrimination perpetuated by existing laws and policies, contradicting to UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the ILO Convention No. 169, CEDAW General Recommendation No. 39, and the International Convention on Elimination of All Forms of Racial Discrimination (ICERD), which the Nepali government has signed.
First of all, Indigenous Peoples, women in particular, face a lack of constitutional recognition and endure various forms of exclusion. There has been a trend of grouping Indigenous women with “vulnerable or marginalized women”, raising concerns about their ability to fully exercise their rights. A report from the National Human Rights Commission of Nepal (NHRC) identified the "invisibility" of Indigenous women as a significant barrier to their participation and representation in decision-making. This invisibility results from the Constitution, laws, and policies failing to acknowledge the diverse experiences of women, often prioritizing the needs of women from dominant castes while overlooking those of Indigenous women, Dalit women, Indigenous women with disabilities, Madhesi women, and Muslim women. Moreover, the State does not effectively communicate and make information about their rights and entitlements accessible.
Second, among the victims of human trafficking, seven women and girls out of every 10 victims of trafficking in persons are from Indigenous communities, disproportionately affecting those from the Tamang community. The only Act in place to prevent human trafficking, the Human Trafficking and Transportation (Control) Act in 2007, does not even criminalize all forms of labor and sex trafficking. Furthermore, the government of Nepal has not yet established any Standard Operating Procedures (SOP) for identifying trafficking victims.
Third, the Nepali government has imposed a monocultural education scheme centered on Hindu values, leading to poor education outcomes for all children, but especially Indigenous girls. The dominance of Nepali and English also puts Indigenous languages at risk. Moreover, despite the government’s claims of reformation attempts, Indigenous children still face significant hurdles accessing quality primary and secondary education, with high dropout rates.
Fourth, Indigenous women’s traditional practice and their knowledge of it have been devalued and criminalized, particularly the Indigenous knowledge of alcohol production. For Indigenous communities in Nepal, alcohol is an essential part of life, integral to marriage ceremonies, funeral rites, worship, agricultural harvest seasons, and festivals. These alcoholic beverages not only represent a rich cultural heritage but also provide crucial livelihoods for Indigenous families.
Indigenous women are typically responsible for preparing these alcoholic beverages, but the government considers the production and sale of home-brewed alcohol illegal, often leading to frequent house raids, jeopardizing their livelihoods and dismissing the invaluable Indigenous knowledge.
Fifth, Nepali government’s policies addressing climate change and gender equality overlook the role of Indigenous women. They are often viewed as passive beneficiaries rather than active participants and decision-makers in climate action initiatives. This fails to recognize the valuable knowledge and experiences of Indigenous women in addressing climate change impacts, which their traditional Indigenous ecological knowledge and practices can offer crucial insights to. Moreover, the impacts of climate change (i.e., devastating floods) often disproportionately affects the Indigenous communities, leading to forced displacement and migration, was not adequately addressed.
Indigenous women play an indispensable role in protecting nature and biodiversity. However, many projects, particularly hydropower and infrastructure projects, are undertaken on the territories of Indigenous peoples, violating their fundamental rights to Free, Prior and Informed Consent (FPIC). For example, the construction of seven hydropower projects along the Likhu River, which holds vital resources for Sunuwar Indigenous Peoples, has profoundly impacted their lives, livelihoods, and socio-cultural rituals linked with the river. Sunuwar women now face displacement, loss of access to resources, and disruption of their traditional way of life. In addition, certain factories operating near Indigenous territories have had severe environmental consequences for the Indigenous communities. The pollution generated by these factories taints crops, water supplies, and grazing areas, creating serious health risks for communities, especially for vulnerable groups such as women, children, and the elderly, who are more susceptible to respiratory illnesses and other health issues. The decrease in agricultural productivity worsens food insecurity and economic struggles for Indigenous women. Overall, the implementation of such projects on or near Indigenous Peoples’ territories without their FPIC has become the most pervasive source of human rights violations in Nepal. Indigenous Peoples are often excluded from decision-making processes, their voices silenced, and their contributions to environmental stewardship and community well-being ignored.
In this context, Cultural Survival and women’s organizations in Nepal call for Nepal to:
- Amend the Census Act to collect disaggregated data on Indigenous women to understand their well-being and discrimination, informing policy reforms.
- Recognize Indigenous women distinctly in all laws and policies to ensure equity and justice, ensuring their representation and addressing vulnerabilities.
- Amend the Human Trafficking and Transportation (Control) Act to meet international standards, developing procedures for victim support and allocating resources for survivor rehabilitation.
- Implement Nepal's commitment to multilingual education, focusing on marginalized communities.
- Revise the Liquor Act to decriminalize traditional alcohol production, supporting Indigenous women's economic empowerment and cultural preservation.
- Ensure Indigenous women's participation in climate change initiatives and respect their Free, Prior and Informed Consent in developments on Indigenous lands.
