सूचक

• Nepal has ratified or voted in favour of a number of international instruments, such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007), International Labor Organization Convention Concerning Indigenous and Tribal Peoples in Independent Countries (ILO Convention No. 169) (1989), the Convention on Biological Diversity (ratified in 1993) and the United Nations Framework Convention on Climate Change (ratified in 2016), which have provisions relating to the recognition of Indigenous Peoples. Such provisions have also been integrated into Nepal’s domestic legal framework.

• The terms “Indigenous People” or “Indigenous nationalities” (Aadibasi Janajati) are used to refer to some ethnic groups, as recognised by the Constitution of Nepal (2015). The Constitution sets out that the State shall help to ensure that Indigenous nationalities participate in decisions concerning that community by making special provisions for opportunities and benefits, in order to ensure the right of these nationalities to live with dignity, along with their identity, and protect and promote traditional knowledge, skill, culture, social tradition and experience of the Indigenous nationalities and local communities.

• The National Foundation for Development of Indigenous Nationalities (NFDIN) Act (2002) has defined Indigenous Peoples as “those ethnic groups or communities who have their own mother tongue and traditional customs, distinct cultural identity, distinct social structure and written or oral history of their own”. Following that definition, 60 groups in Nepal have been identified as ethnic Indigenous groups, which are further classified into 5 groups based on their vulnerability, and which make up about 35% of the total populatopn (Encyclopedia of Indigenous Nationalities of Nepal, 2025).

• The Indigenous Nationalities Commission (INC) is a constitutional body established in 2018, governed by the Constitution (2015) and Indigenous Nationalities Commission Act (2017). Its functions and duties are to conduct studies and research to protect the rights and interest of Indigenous nationalities. 

• There is no legal definition of “local communities”, but the Local Government Operation Act (2017) defines “local level’’ as a village or town, and the word also refers to a district assembly. The Constitution (2015) includes provisions to accord priority to local communities in distribution of benefits from natural resources management and to promote ''the creativity of local communities in social, cultural, and service-oriented works”.

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• Nepal has ratified treaties related to the Universal Declaration of Human Rights (UNDHR), including the International Covenant on Civil and Political Rights (1966), International Covenant on Economic, Social and Cultural Rights (1966), ILO Convention No. 169) (1989), and voted in favour of UNDRIP (2007).

• The Constitution of Nepal (2015) guarantees various fundamental rights of its citizens including Indigenous Peoples and local communities. These include: rights to non-discrimination and against untouchability and discrimination; the rights of Dalits, including provisions for their engagement in decision-making processes and education; the right to social justice; rights of citizens to participate in decision-making; right to information; rights to food, housing, and social security); and the rights of women and children. 

• The Indigenous Nationalities Commission Regulations (2022) support implementation of the INC Act (2017), and allow stakeholders to file complaints against any person or organization allegedly involved in violation of rights of Indigenous nationalities. 

• The Forest Regulation (2022), Forest Policy (2019), Forests Act (2019), Climate Change Policy (2019), National Environment Policy (2019), National Biodiversity Strategy and Action Plan (NBSAP) (2014-2020), Long-term strategy for Net-zero Emissions (2021),15th National Plan (2020-2024) and Forestry Sector Strategy (2016-2025) all have provisions relating to the right to participation, emphasising the active participation of stakeholders including Indigenous Peoples and local communities in decision-making for developmental programs. The Forest Act (2019) states that Division Forest Officers must prepare strategic plans for national forest in their jurisdictions in a participatory manner.

• Free, Prior and Informed Consent (FPIC) is a key instrument in Nepal, including in the forest sector, for recognizing and respecting rights of Indigenous Peoples and local communities. A number of policies, laws and regulations have provisions for FPIC, including the Constitution of Nepal (2015), the and Forest Policy (2019). 

• The Forest Regulation (2022) sets out procedures for obtaining consent from Community Forest User Groups (CFUGs) for conversion of Community Forest Lands for any infrastructure development. Rule 107 states that CFUGs and other affected local communities shall be notified, and prior informed consent shall be obtained before any national and international agreements related to Sustainable Forest Management-based emission reduction payments are made. 

• Various institutions and commissions are in place to ensure the recognition and respect of rights, including rights of Indigesnous Peoples and loca communities, such as: the National Human Rights Commission (NHRC), an independent constitutional body that works as a watchdog of human rights protection and promotion; the National Foundation for Development of Indigenous Nationalities (NFDIN), which ensures the overall welfare of Indigenous Nationalities; the Dalit Commission, responsible for ensuring human rights protection and empowerment of the Dalit community; and the INC, which conducts studies and research to protect the rights and interests of Indigenous nationalities

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