Consultation and Dialogue of Indigenous Peoples on Forest Related Policies and Strategies

1 Consultation and Dialogue of Indigenous Peoples on Forest Related Policies and Strategies National Workshop Report

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Published by Nepal Federation of Indigenous Nationalities Climate Change Partnership Program Mahankal VDC-5, Golphutar, Kathmandu, Nepal P.O.Box No. 7803, Tel. 977-01-4379726 Email: info@nefi nclimatechange.org Website: www.nefi nclimatechange.org

2 Consultation and Dialogue of Indigenous Peoples on Forest Related Policies and Strategies

National Workshop Report

Published by:

NEFIN

With Support from:

3 Contents

Abbreviations Executive Summary

PART 1: Introduction 8 Objectives of the program 8 Opening statement 9 Presentation, consultation and discussion session on forest related strategies 9 Overview of forest related policies and strategies in Nepal 9 MPFS review and forestry sector strategy development 11 Review and key fi ndings of MPFS (12+2) Programs 11 Forestry sector strategies development process 13 Forestry sector strategies 14 Key features of forestry sector strategies (FSS) 14 Strategic actions related to indigenous peoples and local communities 15 Major milestones of the forestry sector strategy (FSS) 16 National REDD strategy of Nepal 17 Guiding features of Nepal's REDD strategy 18 Implementation approach 18 REDD+ strategy preparation 19 Group work outcomes 19 SESA and ESMF for Nepal's REDD+ strategy 19 Conclusions derived from the implementation of strategy 23 National biodiversity strategy and action plan (NBSAP) 25 Structure of NBSAP 25 National context 26 Efforts of Manage Biodiversity and key outcomes 26 Strategy for management of biodiversity 28 Arrangement for implementation of the strategy 29 National strategic framework for nature conservation (NSFNC) 30 Present status of the project 31 4 Engagement of IPs and LCS 31 Contents relating to IPs and LCs 31 Strategic actions relating to IPs and LCs 31 Concluding notes 31 Refl ection from the discussion on NSFNC 32

PART II: Preparation of IPs' position paper in forest related strategies 33 Final outcome 34 Indigenous Peoples' position paper on the upcoming forest sector strategy, national REDD strategy, national biodiversity strategy and action plan and national strategic framework on nature conservation 35 IPs position on forest sector strategy 35 IPs position on national REDD strategy 37 IPs position on national biodiversity strategy and action plan 38 IPs position on national strategic framework on nature conservation 39

PART III: Dissemination of Workshop outcome 42 Media Coverage 44 Annex 1: Program Schedule 46 Annex 2: Participants List 48 Annex 3: Detail discussion on the forest related strategies 52 Annex 4: List of Media 59 Annex 5: Published articles and features 61 Annex 6: Glimpses of the workshop 63

5 Abbreviations

ABS Access and Benefi t Sharing ACOFUN Association of Collaborative Forest Users' Nepal CBD Convention of Biodiversity CBMIS Community Based Monitoring and Information System CBOs Community Based Organizations CFUGs Community Forests User Groups CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora CSOs Civil Society Organizations DCC District Coordination Council D&D Drivers of Deforestation DDC District Development Committee DFO District Forest Offi cer ERP Emission Reduction Project ESMF Environmental and Social Management Framework FCPF Forest Carbon Partnership Facility FECOFUN Federation of Community Forestry Users, Nepal FONIJ Federation of Nepalese Indigenous Journalists FPIC Free Prior and Informed Consent FSS Forestry Sector Strategy GACF Global Alliance of Community Forestry GCF Green Climate Fund GESI Gender Equality and Social Inclusion GoN Government of Nepal ICEM International Centre for Environmental Management ICT Information Communication Technology IIED International Institute for Environment and Development ILO International Labor Organization INGO International Non-Governmental Organizations IPs Indigenous Peoples IPOs Indigenous Peoples Organizations IPRs Intellectual Property Rights IUCN International Union Conservation for Conservation of Nature LAPA Local Adaptation Plan of Action LBSAP Local Biodiversity Strategy and Action Plan LCs Local Communities MPFS Master Plan on Forestry Sector MoFSC Ministry of Forest and Soil Conservation MRV Measuring, Reporting and Verifi cation NAPA National Adaptation Programme of Action NBS National Biodiversity Strategy NBSAP National Biodiversity Strategy and Action Plan NBSIP National Biodiversity Strategy and Implementation Plan NCS National Conservation Strategy NEFIN Nepal Federation of Indigenous Nationalities NGO’s Non-Governmental Organizations NIWF National Indigenous Women's Federation NPC National Planning Commission NTFPs Non- Timber Forest Products NSFNC National Strategic Framework for Nature Conservation Formulation Project PES Payment of Ecosystem Services PPP Public Private Partnership PRIA Prestige, Reputation, Identity and Access PSC Project Steering Committee REDD Reducing Emission from Deforestation and Forest Degradation RL/REL Reference Level/Reference Emission Level R-PP Readiness Preparation Proposal SchEMS School of Environmental Science and Management SESA Strategic Environmental and Social Assessment SMF sustainable management of forests UNCCC United Nations Climate Change Conference UNDRIP United Nations Declaration on Rights of Indigenous People USAID US Agency for International Development VDC Village Development Committee 6 WWF World Wildlife Fund Executive Summary

A three-day workshop initiated at the Hotel be involved in issues the GoN would otherwise Annapurna on April 16th was to draft a strategy not advocate. The push to actively pursue and a fi rm positioning paper based on forest participation in such causes was urged to be related strategies particularly, in the ongoing taken beyond the national level and reach out process of developing Forestry Sector to an international platform. Strategy, National REDD Strategy of Nepal, National Biodiversity Strategy and Action Four different groups were facilitated and Plan, and National Strategic Framework for an open discussion between the IPs and Nature Conservation in relationship with the several other participants who were involved Indigenous Peoples of Nepal. By presenting commenced. This was followed up by position sector specialists in their respective fi elds to papers prepared, reviewed, addressed and the IPs, they openly discussed the strategies disseminated to all active members within and opened the fl oor for collecting feedbacks representation of IPs’ respective communities, to be addressed while fi nalizing those policies/ GoN, INGOs, media and other relevant persons strategies that have direct and indirect impact and organizations. on the IPs in Nepal. Finally, the workshop concluded with fi nal remarks The IPs share a connection with the forest made by both IP activists and representatives of that links them directly to their livelihoods and the GoN. Having been most affected by climate culture. By involving the IPs, the goal of the change and the close correlation that the IPs workshop was not only to understand the status share with the forest was to be highlighted as of the many forest related policies/strategies valuable concerns and counsel that should currently being reviewed and formulated, but not be neglected as they had in the past. The also to necessitate the Government of Nepal general consensus from both sides was that (GoN) to undertake effective measures to any framework of strategy and policies created ensure and safeguard IPs rights in those forest by the GoN should involve the IPs due to their related policies and strategies. intrinsic relation between forest preservation and their fi ght for identity and rights. Representing the Government of Nepal were specialists from each sector whopresented in This report covers detail presentations on forest detail about the development of strategic forest related strategies and subsequent discussion guidelines. Various methodologies and the under Part I. Part II contains group work for the history behind their framework were presented preparation and presentation of IPs position on alongside the results that incurred. Also in forest related strategies. Finally, Part III includes discussion were the involvement and violation formal declaration of the IPs position paper on of the IPs regarding the destruction of forests. forest related strategies and its submission to By lobbying for their rights, they were urged to relevant Ministries. 7 PART 1

Introduction

Like all the Indigenous Peoples (IPs) in the lobbying with relevant Government Agencies world, IPs in Nepal too share a common bond and other stakeholders for its full and effective with their land, forests and its many natural participation in the decision making process, resources. For the IPs in Nepal, their invariable particularly to ensure the rights of IPs while connection with land and forests has more to do developing the national REDD strategy. Since with their very identity and rights – epitomizing the GoN has already started developing other the essential features of their culture, heritage, relevant strategies on forest, biodiversity and livelihoods, topography and their whole conservation, it is extremely crucial for the IPs to survival- than with a mere political anxiety over be engaged in the process and provide pertinent controlling the resources and land. Because timely feedbacks. The time was fi tting for of their special relationship with the land, NEFIN to organize a national level consultation many indigenous peoples in Nepal have been workshop regarding IPs stance on other forest, advocating and fi ghting for the rights of IPs, biodiversity and conservation strategies that both at the community and at the national levels. the GoN is currently reviewing.Hence, with the Like many governments in the world, traditional generous support from Rights and Resources tenure systems, customary practices, right to Initiatives (RRI), a three day consultation and ownership of resources and benefi ts related dialogue of Indigenous Peoples on forest to forests and land are not recognized by the related strategies program was conducted. GoN, leaving indigenous peoples without formal This program was jointly organized by RRI and rights to their territories. This violates the United NEFIN Climate Change Partnership Program. Nations Declaration on Indigenous Peoples’ Rights (UNDRIP) as well as International Labor Objectives of the program Organisation (ILO) Convention 169 – both The objectives of the program, shared in of which are signed by Nepal, placing a clear detail by Pasang Dolma Sherpa, National obligation on the GoN to legally recognize, Coordinator, NEFIN Climate Change distinguish and effectively protect indigenous Partnership Program, were as follows: peoples’ territories and natural resources. 1) To conduct an interaction and consultation session between the IPs With these issues in context, Nepal Federation and the strategy makers in related of Indigenous Nationalities (NEFIN), an forest strategies, umbrella organization of 56 Indigenous 2) To identify and prepare position of the nationalities in Nepal, has been continuously IPs in the strategy and to provide IPs fi ghting to ensure social, cultural, linguistic, recommendations in forest related and economic rights of the Indigenous peoples strategies and policies, since its establishment in 1991. NEFIN has 3) To widely disseminate the position of been working on Climate Change Program IPs regarding forest related policies and in partnership with TEBTEBBA, IWGIA and strategies through mass media. 8 AIPP and is continuously advocating and The program took place in Hotel Annapurna in gratitude to everyone helping the federation in Kathmandu from April 16–18, 2014 and was achieving its objective and also focused the need attended by 156 participants (Annex 2) from and importance of the consultation of IPs in the IPOs, Government, NGOs/INGOs, and other forest related strategies and policies. Finally, he relevant stakeholders. The three day program reminded that their movement was for identity- mainly highlighted the following themes based rights, identity for equality, and equality for a strong, sustainable development. Day-1 Consultation and discussion on forest related strategies – forest, The inauguration speech was followed by a biodiversity, conservation, and short introductory session, where everyone REDD+ disclosed their name, place and designation. Day-2 Preparation of IPs position paper in forest related strategies Presentation, consultation and Day-3 Submission and dissemination discussion session on forest of IPs Position paper in forest related strategies related strategies to the relevant Ministries Dr. Pasang Sherpa and Mr. Khim Ghale moderated the presentation sessions. Dr. Opening Statement Sherpa mentioned about the review of Master Plan on Forestry Sector (MPFS) and the In the opening statement, Mr. Nagendra Kumar ongoing process of 10-year forestry strategy of Kumal, Chairperson, NEFIN, stated that the the GoN. The three-day program was conducted federation had been working in contemporary to have a discussion on the strategies between issues and rights of the IPs and has organized the strategy formulators and IPOs. He also many programs accordingly. The current 3-day mentioned that the GoN was reviewing the program was one among it. The program was long term MPFS and considering various other important, as the IPs had been very close to factors as basis while formulating a ten-year the nature and its resources. He expressed his forestry sector strategy.

Overview of Forest related Policies and Strategies in Nepal

The session introduced the IPs with forest strategy, relating to its background, bases, related policies and strategies, thereby major fi ndings, framework and the development consulting them in their relevant issues to draft process. The MPFS started in 1988 and expired a solid position paper. The major forest related by 2011, with a life span of more than 20 years. strategies were divided into four categories and At present, a team led by Dr. Kanel, consists presented by related sector specialists from of sector specialists such as Dr. Dhruba the GoN. The review of the expired strategies, Acharya, Dr. Binod Bhatta, and Ms. Madhu framework of a new strategy and its target were Ghimire. The importance of including every highlighted. The participants were provided with sector and satisfying the stakeholders involved full space to have an open discussion on the is essential in the strategy formulation process strategies. IPs expressed their special concerns that would otherwise remain a basic report of and actively participated in the consultation the consultants. program to safeguard their rights. Forests related strategies and policies are critical to Dr. Acharya, a consultant specialist on Forestry them as their existence is interlinked with the Sector Strategy (FSS), presented the remaining natural resources. part of the strategy. Highlighting the theory of change and explaining how the strategy was Dr. Keshav Kanel and Dr. Dhruba Acharya transformed into a broad framework with the jointly presented the details on the forest help of active participation of stakeholders and sector strategy. Dr. Kanel, a forest specialist by introducing the concepts like Public Private in the development of Master Plan on Forestry Partnership (PPP) for forest management, 9 Sector (MPFS), presented one half of the sustainable bio-diversity, environmental conservation, Gender Equality and Social and technical support from World Wildlife Inclusion (GESI) and poverty reduction. He Fund/Hariyo Ban Program, funded by the stated that generally, developed countries US Agency for International Development prefer a simple framework policy, whereas (USAID). Strategic Environmental and Social underdeveloped nations are prone to complex Assessment (SESA) and Environmental and and long strategy parameters, therefore their Social Management Framework (ESMF) are the objective is to combine the strategic guidelines important tools used during the implementation in a simple but medium volume. The major of REDD+ mechanism in Nepal. milestones of these policies are a six fold increase in the employment generation, a Mr. Braj Kishor Yadav, Joint Secretary - focal ten fold increase in timber production, and a person of the Convention on Biodiversity (CBD), signifi cant 17% increase in community based MoFSC, presented the National Biodiversity forestry. Strategy and Action Plan draft (2014-2020). The draft was prepared to review the National Ms. Nirmala Singh Bhandari, Gender Focal Biodiversity Strategy (NBS) 2002 and National Person and assistant forest offi cer, REDD Biodiversity Strategy and Implementation Plan Forestry and Climate Change Cell, Ministry (NBSIP) 2006. The present strategy and action of Forest and Soil Conservation (MoFSC), plan draft is at the recommendation phase. It is presented the National REDD Strategy expected to be complete by June 2014. in Nepal. Offi cials from Regional and District based Government Line Agencies, Finally, Dr. Yam Malla, Country representative representatives from the Federation of IUCN, Nepal presented the National nature of Community Forestry Users Nepal, conservation strategy which covered the topics other civil society organizations, like background, methodology, process used representatives from different international and and to be used, present status of the project, national NGOs, various donors and independent etc. The concept of National Adaptation REDD+ experts provided inputs to the draft Program Action (NAPA), Local Adaptation Plan strategy during the Regional Level Consultation of Action (LAPA) and other bio-diversity policies Workshops held in Pokhara, Biratnagar, were also highlighted. The emphases on these Nepalgunj and a central level stakeholder guidelines are essential to all citizens of Nepal consultation workshop in Kathmandu. The and furthermore provided a pedestal for IPs to Framework was developed with collaboration engage in present policies.

10 MPFS Review and Forestry Sector Strategy Development

Dr. Keshav Kanel, Consultant Team Leader on A. Management and Utilization Forestry Sector Strategy (FSS) and Dr. Dhruba of Forest Resources and Acharya, Consultant on FSS Conservation of Biodiversity z Participatory approaches have proved Background to be highly effective for ensuring local commitment, local benefi ts and local Master Plan for the Forestry Sector (MPFS awareness of plans and processes. 1989) was prepared during 1986-1988 and z Improved growing stock (particularly approved by the GoN in 1989. MPFS provides in community forests). a 25-year policy and planning framework in z A critical factor for the success of forestry in Nepal. Community Forests is that Community Forests User Groups (CFUGs) and The long-term objectives of the forestry sector other forest user groups can operate according to MPFS are 1) to meet the people’s as autonomous, independent and basic needs for forest products on a sustained self-governing entities. basis, 2) to conserve ecosystems and genetic z A large part of the government- resources, 3)to protect land against degradation managed forest estate lacks effective and other effects of ecological imbalance, and forest management and stakeholder 4) to contribute to local and national economic participation. growth. z Poaching and illegal trade in forest products continues to be a critical Review and key fi ndings of MPFS issue. (12+2) programs z Successes in biodiversity conservation can have adverse impacts (e.g. MPFS has laid out 6 primary programs for human wildlife confl ict) forestry sector, putting greater emphasis on z Balance of natural resource community and private forestry' development conservation with the needs of program. After reviewing the main components development is required. of the program which included1) Management of national forests and enrichment planting of B. Policy and Legal Framework degraded forests, both asCommunity forests z The policy framework must be backed and as establishment and management of up by supportive legislation. community forests in open and degraded z Policy process is critical. areas;2) Distribution of free or subsidized z Other sector policies and laws affect seedlings to encourage the establishment of the forestry sector. private tree farms; and 3)Promotion of the z Various government orders, directives use of fuel -effi cient stoves by supporting their and regulations are inconsistent with development, production and distribution, the forest policy and laws. following Key fi ndings were built in. z Implications of the Local Self 11 Governance Act (1999) need to be z Commercial leasehold forestry didn’t considered. make progress and had wrong z The application of Environmental orientation. Regulations for the forestry sector needs to be reviewed. E. Addressing Poverty and Social Exclusion C. Forestry Sector Institutions z The sector provides good z A constraint for most programs is a opportunities for addressing poverty lack of specialty staff. and social exclusion. z The strongly protection-orientation z There is still an imbalance in roles, and command and control attitude of responsibilities and powers. MFSC administration has not shifted z Governance is the key to addressing signifi cantly. issues around poverty and social z Government forestry institutions are exclusion. characterized by weak management z Supportive regulations based on and outdated HR systems. fi eld-based learning can contribute to z Forestry sector institutions are poverty reduction, gender and social becoming increasingly diverse. inclusion. z MoFSC staffs are overburdened with administrative tasks. F. Response to Climate z The sector lacks suffi cient political Change Agenda engagement and support. z The forestry sector is critical to Nepal’s climate change agenda. D. Forestry Sector’s Contribution z Strategic climate change processes to Economic Development need to be integral to Nepal’s forestry z Over-regulation and fi scal policy are sector strategy. constraints. z REDD+ is fully compatible with z Suffi cient supplies of raw materials forestry sector goals. are not being generated from z Local forest groups provide a strong government-managed forests. institutional base for community- z There is a need for a stable regulatory based adaptation planning and environment to attract investment. implementation z Sources of fi nance for small- z Climate Change is already affecting scale forest-based industries are Nepal's forests inadequate.

12 Forestry Sector Strategy Development Process

Strategy Development Process

Review, Refl ection Consultations and Forward Planning (At various level, with various stakeholders (MPFS Documents, Other Documents, and experts, during various stage) Plans, Programs, Policies)

Analysis and Synthesis

Draft Strategy Document

Understanding Present Context/Situation Visualizing Future Scenarios Developing and Verifying Vision, Goals, Guiding Principles, Strategic Pillars, Strategic Interventions – 3+6+4 Thematic Areas

Regional/National level sharing Peer Review

Final Forestry Sector Strategy (2013-2023) 13 Consultations for 2. Management of Forest Forestry Sector Strategy Resources z Inception workshops and sharing The strategy would develop a forest land-use meeting strategy and identify the most appropriate z Participation in workshops and meetings management modality for each patch of forest. of different agencies (NEFIN, ACOFUN, All the forest areas under different management GESI Strategy team, and GACF, etc) modalities would be brought under the remit of a z Wider consultations at users level, district, single management plan. The forests would also regional and central level (by FECOFUN be managed promoting an intensive sustainable and GESI team) management and harvesting of forests in good z Consultation workshops with various condition. Likewise, strengthening of regulatory stakeholders (Frontline Staff, environment will be considered to enable Representatives from Civil Society residual national forests to be managed under and Academic Institutions, Mid-level lease or PPP. Professionals, Representatives from Public and Private Enterprises, Policy 3. Forestry sector contribution to Level Offi cials) economic development To contribute the economy of the nation, Forestry Sector Strategy more emphasis will be given on harnessing the potentials of forest ecosystem and Dr. Dhruba Acharya, Member of the current commercialization of forest products. Special forest strategy development team focus would be given on creating sustainable jobs, cash incomes and legitimate forest based The strategy is developed with a vision to enterprises that will benefi t poor people and identify the potentials of forest ecosystems and disadvantaged groups. Similarly, the promotion watersheds and to fully optimize them for the of private sector would be done to identify viable inhabitant’s prosperity. Likewise, the primary investment opportunities, sources of fi nance goal of the strategy is to sustainably manage and provision of a stimulating and supportive the forest ecosystems and watersheds at a enabling environment for investment and growth landscape level to increase income, generate in the forestry sector. employment and form an inclusive system through a decentralized, and capable governed 4. Forest biodiversity and forestry sector. environmental conservation To conserve the forest biodiversity and Key Features of Forestry environment, review of legal and policy Sector Strategy (FSS) framework in the post confl ict political discourse of democratic society, inclusive governance 1. The nature of forestry and the state restructuring are a must. It is sector strategy necessary to develop a holistic approach of This strategy is different from that of MPFS managing human wildlife confl ict. There should in terms of its content and structure. MPFS be diversifi cation of new tourists areas in order to covered the long-term prospects with a stop the pressure of visitors at particular places. broad line framework, however the FSS is a Integration of soil and watershed conservation shorter document and does not encompass actions into the strategies and plans of other all the policies. The MoFSC has established sectors and utilization of climate change a separate forest entity to fi nance sustainable adaptation funds for their implementation could forest management. It is fl exible enough prove benefi cial in preserving the forest diversity to cope with uncertainties and focuses on and environmental conservation. increasing forest products and services, value addition, and job creation. The strategy also 5. Gender equality and Social focuses to enhance capacity building, research inclusion and poverty reduction management, supervision, impact assessment, (GESI) and a productive operational environment. The issues of GESI are newly emerging 14 concepts. Its importance is noticed and included in every strategic framework. This strategy 7. Forestry sector governance and supports local forest user groups in governance administration and targeted actions to address the needs of It is necessary to transform the MoFSC the poor and socially disadvantaged members. institutions so that: It gives special attention on enhancing the z The capacity and potential of non- capacity, competency, equitable access to government and private sector is utilized resources and benefi ts, for the leadership of properly. women, Dalit, indigenous, and marginalized z The administrative burden on government groups. Strengthening of necessary legal staff is reduced. provisions have been done to ensure the legal z Bureaucracy is minimized. autonomy of local forestry groups to address z Communication, management skills, gender, social inclusion and poverty reduction. and leadership capacity is developed in MoFSC, thus ensuring the positive image 6. Forestry sector response to and performance of the forestry sector. climate change Nepal’s REDD+ strategy is harmonized into the The Human Resource Development strategy framework of FSS. Similarly, the use of local should be revisited and implemented forest groups as implementers of local climate accordingly. It is also necessary to improve change adaptation plans and actions have been the gender and social balance within MoFSC promoted. The building of climate resilient actions institutions in accordance with GESI strategy. into management plans for forests under all management modalities have been practiced.

Strategic actions related to indigenous peoples and local communities

z Empower, enable and safeguard user groups' tenure security to access, manage, harvest, use, and sale of forest goods and services in a sustainable manner. z Develop and revise operational guidelines of each category of community based forestry in consultation with relevant stakeholders based on adaptive learning. z Develop/improve/design community friendly regulatory and fi nancial incentive mechanisms/ packages to optimize economic benefi ts and environmental services of community based forestry at each landscape level. z Recognize community based forest management as a complement to REDD+ in reducing deforestation and degradation, and to enhancing forest and biodiversity. z Develop payment mechanism for the production of other environmental services such as watershed and biodiversity conservation from community based forestry. z Recognize the traditional and customary use rights of specifi c groups, and the specifi c needs of vulnerable groups (such as minority Janajati1 group of people who depend on forests such as Chepang, Rautes and Kusundas, Dalit, landless people, disaster victims, disabled and so on) and make provisions with defi ned rights and duties. z Ensure proportional inclusion and representation of economically poor and socially marginalized group of people based on gender, caste, ethnicity, origin and remoteness at all levels of leadership and decision making processes. z Recognize community based forest management as a complement to REDD+ in reducing deforestation and degradation, and to enhancing forest and biodiversity. z Develop payment mechanism for the production of other environmental services such as watershed and biodiversity conservation from community based forestry. z Recognize the traditional and customary use rights of specifi c groups, and the specifi c needs of vulnerable groups (such as minority Janajati group of people who depend on forests such as Chepang, Rautes and Kusundas, Dalit2, landless people, disaster victims, disabled and

1. Janajati group of Nepal refers to Indigenous Peoples of Nepal 2. Chepang, Rautes and Kusundas are all different and disadvantaged indigenous groups whereas Dalits are socially disadvantaged group 15 of Nepal so on) and make provisions with defi ned rights and duties. z Ensure proportional inclusion and representation of economically poor and socially marginalized groups of people based on gender, caste, ethnicity, origin and remoteness at all levels of leadership and decision making processes.

Major Milestones of the Forestry state. The FPIC at the local level are essential and Sector Strategy (FSS): thus a targeted group that should be addressed specifi cally. In the present context, a strategy z Six fold increase in the employment generation in the forestry sector (from or policy ignoring the issues of IPs won't be 200,000 person years to 1.2 million accepted. The representation of the IPs should person years). be on a proportional basis. There must be an inclusive participation in all the decision making z Ten fold increase in the current production of timber for commercial purpose (from process. Hence the consultations with the IPOs 120,000 cubic meter per annum to 1.2 in the relevant issues are signifi cant. GoN has million) accepted this fact and followed a proportional, inclusive and federal structural system. It z Increase the percentage of forest handover to community based forestry in has made special provisions for proportional aggregation from 33% to 50%. representation through empowerment building and quota reservation techniques. z Triple the supply of processed NTFPs and MAPs The GoN is committed to implement the Monitoring and evaluation type strategies as per the national and international There will be a monitoring and evaluation obligations. It cannot neglect the issues of mechanism to assess the development of local communities as well as IPs while making the strategy. The outcome level indicators forest related policies and strategies. However, will be identifi ed with milestones. Similarly, the procedure of making random acts without there is provision for an independent mid-term analyzing future prospects should be stopped. evaluation of FSS A strong bargaining capacity is necessary to make developed countries compensate for 3 Refl ections from discussion on disturbing the ecological balance and leaving forest sector strategy negative climate change impacts globally. IPs' issues are related to basic human rights and therefore mandatory to be considered by the

16 3. In depth question answer discussion session was held after each presentation (detail in annex 3) National REDD Strategy of Nepal

Ms. Nirmala Singh Bhandari, Gender Focal While there is no standard guideline for the Person and assistant forest offi cer, , REDD development of a national REDD+ strategy, a Forestry Climate Change Cell, MoFSC review of the literature reveals the importance of evaluating and analyzing the following Background and Basis of elements: i) drivers of deforestation and forest Framework Development degradation, and the underlying causes; ii) available range of strategy options to address The focus on Reducing Emissions from these drivers; and iii) policies, institutions, and Deforestation and forest Degradation, and governance mechanisms that can be reformed, enhancing forest carbon stocks (REDD+), coordinated and synergized to effectively has rapidly moved from a global approach to address the drivers while linking these efforts to a more national and local framework. More meeting national development objectives. The than 40 countries are presently engaged in national REDD+ strategy also needs to support REDD+ readiness preparation through studies, the policy and institutional frameworks for the institutional reforms, capacity development, establishment and operationalization of systems dialogues and consultations. A key milestone and modalities deemed crucial for REDD+ in the readiness preparation process is the strategy implementation. The key elements formulation of a national REDD+ strategy. integral to the national REDD+ strategy include: forest reference level/reference emissions level The national REDD+ strategy defi nes (RL/REL); monitoring, reporting and verifi cation how participant countries plan to reduce (MRV) system; fi nancing mechanism; assessing emissions caused by deforestation and forest and addressing social and environmental degradation increase forest carbon stocks, and safeguards; clarifi cation of forest tenure and leverage carbon credits paid through global carbon rights; and ensuring equity in benefi t fi nancial markets. The strategy provides the sharing mechanisms. opportunity to develop policies and modalities for institutions, governance mechanisms, and Nepal submitted a Readiness Preparation implementation to achieve both REDD+ and Proposal (R-PP) to the Forest Carbon domestic development objectives. This helps Partnership Facility (FCPF) in 2010, and is fully to outline how countries can address domestic engaged in the REDD+ readiness process. issues underpinning development, such as FCPF published a readiness progress factsheet allocation of resources, poverty, slow economic of March 2012 for Nepal. Key areas in which growth, and poor governance. The strategy also work is progressing in Nepal include: strategic provides a set of actions to reduce emissions analysis, carbon ownership, development from deforestation and forest degradation of a reference emissions level (REL), and and enhance forest carbon stocks from other development of an MRV system. Each of REDD+ activities. these on-going efforts aims to contribute to the development of Nepal’s national REDD+ 17 strategy. The development of this framework adopted basic underlying principles that are structure also represents a critical element of the refl ected in the points below. These and other readiness preparation process. The framework relevant points agreed to throughout the course structure is being pursued under the fi ve-year of the formulation of the REDD+ strategy are project funded by USAID titled “HARIYO BAN proposed to be included as guiding principles. PROGRAM”, which is being implemented by WWF Nepal and a consortium of partners. 1) National REDD+ strategy remains fully in line with the overall In this report, the consolidated framework development strategy of Nepal to structure of Nepal’s national REDD+ strategy meet the dual objective of sustainable and the elaborated framework structure is management of forests (SMF) and described. The elaborated framework structure poverty alleviation. attempts to clarify the intent of the national 2) Follows effective participatory and REDD+ strategy, explain the basic requirements consultative process. derived from a literature review, and further build 3) Fully values and captures the benefi ts upon the elements planned or documented in of Nepal’s diverse forest ecosystems the R-PP. The draft framework structure was in the context of REDD+. presented in regional consultation meetings in 4) Recognizes that forest ecosystems Pokhara, Biratnagar and Nepalgunj. After each play a vital role in adaptation to consultation meeting, improvements in the climate change and the possible document were made based on the outcomes climate change mitigation through of the regional consultations. In addition, a REDD+. refi ned framework structure was presented in 5) Ensures multi-stakeholder the national level consultation in Kathmandu, involvement in all aspects of REDD+, which also provided valuable input. utilizes relevant stakeholder capacity and contributes to further capacity Guiding Features of Nepal's enhancement in the context of REDD+ Strategy REDD+. 6) Ensures social, environmental and Introduction economic safeguards in the process of implementing REDD+. The section defi nes and conceptualizes the key 7) Ensures equity in benefi t sharing by aspects fundamental to Nepal’s national REDD+ clarifying the issues related to land strategy, and the basis for its development and tenure, forest use rights and carbon implementation. It projects a vision of 10-15 ownership rights. year period to improve the forest ecosystems 8) Establishes mechanisms for effective and make successful efforts in climate change coordination at local, sub-national mitigation, improved socio-economic status and national levels among the of forest dependent people, and demonstrate relevant benefi ciaries and sectors, enhanced capacities of local forest managers. and at the international level with It also relates to enhance human and development partners and fi nancing technological capacities, including effective and agencies/institutions. effi cient institutional and governance structures 9) Ensures that double counting of and mechanisms. carbon credits is avoided. 10) Develops appropriate national forest Guiding Principles information and monitoring system. The national REDD+ strategy will need to capture Nepal’s specifi c geo-political, Implementation Approach ecological, environmental and socio-economic realities. This will need to align with the overall The implementation of a national REDD+ sustainable development priorities of the strategy aims to eliminate the drivers of country. The Readiness Preparation Proposal deforestation and forest degradation, boost 18 (R-PP) currently being implemented has forest restoration and conservation measures, and promote sustainable management of clarifi es the meaning in the context of REDD+ forests to enhance forest carbon stock. This and which sets detailed procedures to ensure will require improving existing policies and proportionate and equitable participation. implementing innovative measures within the forestry sector and related sectors. Because Given the involvement of various stakeholders Nepal has successfully implemented different with varied interests at different levels in community based and collaborative forest REDD+, confl icts are likely at different stages of management modalities, a multi-level multi- REDD+ activity implementation. Such confl icts stakeholder approach for REDD+ actions will need to be mediated, mitigated and resolved and a multi-sectoral approach for innovating at an early stage. For this purpose, there needs and implementing policy measures will be to be an appropriate institutional mechanism instrumental. embedded in the institutions and systems at all levels. It will also require standard procedure to REDD+ Strategy Preparation tackle the confl ict. Such a procedure will need to be framed, consulted and fi nalized to be This strategy is prepared through various levels included in the act/law or regulations. of assessment on closely related elements of REDD+. This assessment is on the basis of Group Work Outcomes complete analysis on recent historical land 1) Stakeholders for benefi t sharing at use trends, relevant land tenure, associated different levels should be: governance issues, and existing governance • At central/federal government structures and mechanisms. level: Ministry of Forest and Soil Conservation A detailed procedure for • At regional/provincial level: Regional/ participation in programs provincial level government • At local and user level: DFO, DDC, Meaningful participation of all stakeholders VDC and the users/managers of at all levels is integral to inclusive and forests democratic governance. Women and socially and economically marginalized people are 2) Benefi t sharing mechanism often illiterate and hesitant to express their • Those directly involved, e.g., concerns and perspectives even when given indigenous peoples and CFUGs, the opportunity to participate. Participation will should get direct monetary or non- be promoted in the following ways: monetary benefi ts 1. Implementing REDD+ interventions and • Rights holders and stakeholders actions, and monitoring the progress should be properly defi ned. Rights 2. Executing and monitoring the revenue holders should get 70% of the benefi t disbursement whereas the stakeholders should get 3. Monitoring emissions and removals 30%. 4. Execution and monitoring of fi nancial transactions 3) The minimum procedural norm should follow a multi-stakeholder approach In order to ensure women, socially and that is government led. economically marginalized people, indigenous people, and forest dependent groups actively Strategic Environmental and Social Assessment participate, and for the economically elite to (SESA) and Development of an Environmental make room for these groups to participate, and Social Management Framework (ESMF) it is crucial that minimum basic norms and for Nepal's REDD+ Strategy procedures are available and strictly observed by all parties. Such an arrangement has to have Introduction an element of positive discrimination to ensure inclusiveness in participation is guaranteed. The Reducing Emissions from Deforestation proposed legal arrangement (act or regulation) and Forest Degradation (REDD+) is needs to have a section on participation that 19 evolving as a means to reduce forest sector Consultations and Stakeholder carbon emissions through forest Participation management and forest governance Consultations to gather views on REDD+ improvements in forestry and related sectors. Strategy Options and perspectives on issues The World Bank’s Forest Carbon Partnership in forestry, and also to identify available Facility (FCPF) is assisting Nepal with fi nancial data and sources, were undertaken at two and technical support to develop and apply levels: national and district – engaging with strategies to address the drivers of deforestation key relevant government ministries and and forest degradation. agencies, private sector bodies, NGOs and civil society organizations and community-based Nepal is one of the countries participating in organizations (including those representing the FCPF REDD+ Readiness Fund and is marginalized and disadvantaged groups). currently implementing the REDD+ Readiness Programme. As a part of this process, a Potential Environmental and Social consultancy consortium has been engaged Impacts of Implementing the to undertake a Strategic Environmental and Strategic Options Social Assessment (SESA) of the REDD+ The table below respectively summarizes the Strategy and develop an Environmental and key environmental and social impacts likely to Social Management Framework (ESMF). The arise through initiatives, actions and projects to consortium members are the International implement the 14 strategic options. These will all Centre for Environmental Management (ICEM), be cumulative effects. But these represent the the International Institute for Environment primary effects. There will also be secondary, and Development (IIED), the School of tertiary and additional impacts that form a Environmental Science and Management complex impact web and which compound the (SchEMS), affi liated to Pokhara University. cumulative impacts furthermore.

20 Summary of environmental impacts of implementing the strategic options for REDD+

Positive impacts Negative impacts Improved Rights and Access Social Exclusion and Displacement • Improved rights & access to land / forests • Exclusion of landless, poor & • Increased supply of, access to, & value of marginalized, evicted, loss of land/ forest products property • Improved benefi t-sharing • Social exclusion • Improved market access / surplus • Exclusion/devaluation of women products for markets • Exclusion/elimination of cultural / spiritual • Better access to forest products / NTFP values & traditional practices Improved Livelihood and Poverty • Ignoring/displacing traditional/ indigenous Reduction knowledge • Improved health • Small farmers & local enterprises out- • Poverty reduction competed, displaced • Investment in alternative livelihoods Leading to Inequity • Improved livelihoods, income, economic • Inequity in benefi t-sharing (loss of) opportunities, enterprise development • Elite capture (of resources, benefi ts, • Increased employment access, etc.) • Potential for cooperatives • Inequitable/loss of access to forest • Improved food security resources/products Social Inclusion and Gender • Increased costs (transaction, labour, Empowerment time) • Empowerment • Land grabbing • Increased voice for women / powerless Loss of Livelihood • Social inclusion (gender balance) • Reduced food production • Reduced workload/drudgery (women) • Loss of/ limited access to, employment • Gender friendly technology introduced • Loss of livelihoods, income, economic • Reduced social gaps opportunities Increased Participation, Knowledge Loss of Authority/Autonomy and and Ownership Induced Risk and Dependency • Maintain/strengthened cultural norms/ • Loss of user/traditional rights, or access services to forest products & resources • Increased knowledge / capacity for forest • Health risks management • Lack of awareness / information • Increased use of local, indigenous/ & • Not accessible to poor, marginalized traditional knowledge & practices (cant afford) • Increased participation / ownership • Dependence on external inputs • Environmental & social awareness • Monopolies setting prices (e.g. timber) • Strengthened local organizations • Token participation • Politicization of community decisions 21 Enhanced Accountability Social Confl ict and Violence • Reduced corruption / bribery • Violence against women • Reduced confl ict • Confl ict • Reduced illegal activities • Human-wildlife confl ict

Improved Rights and Access Social Exclusion and Displacement • Improved rights & access to land / forests • Exclusion of landless, poor & • Increased supply of , access to, & value of marginalized eviction, loss of land/ forest products property • Improved benefi t-sharing • Social exclusion • Improved market access / surplus • Exclusion/devaluation of women products for markets • Exclusion/elimination of cultural / spiritual • Better access to forest products / NTFP values & traditional practices Improved Livelihood and Poverty • Ignoring/displacing traditional/ indigenous Reduction knowledge • Improved health • Small farmers & local enterprises out- • Poverty reduction competed, displaced • Investment in alternative livelihoods Leading to Inequity • Improved livelihoods, income, economic • Inequity in benefi t-sharing (loss of) opportunities, enterprise development • Elite capture (of resources, benefi ts, • Increased employment access, etc.) • Potential for cooperatives • Inequitable/loss of access to forest • Improved food security resources/products Social Inclusion and Gender • Increased costs (transaction, labour, Empowerment time) • Empowerment • Land grabbing • Increased voice for women / powerless Loss of Livelihood • Social inclusion (gender balance) • Reduced food production • Reduced workload/drudgery (women) • Loss of/ limited access to, employment • Gender friendly technology introduced • Loss of livelihoods, income, economic • Reduced social gaps opportunities Increased Participation, Knowledge Loss of Authority/Autonomy and and Ownership Induced Risk and Dependency • Maintain/strengthened cultural norms/ • Loss of user/traditional rights, or access services to forest products & resources • Increased knowledge / capacity for forest • Health risks management • Lack of awareness / information • Increased use of local, indigenous/ & • Not accessible to poor, marginalized traditional knowledge & practices (can't afford) • Increased participation / ownership • Dependence on external inputs • Environmental & social awareness • Monopolies setting prices (e.g. timber) • Strengthened local organizations • Token participation Enhanced Accountability • Politicization of community decisions • Reduced corruption / bribery Social Confl ict and Violence • Reduced confl ict • Violence against women • Reduced illegal activities • Human-wildlife confl ict

22 Conclusions derived from the implementation of strategy

General and tourism where the latter is promoted in protected areas. It is inconceivable that a REDD+ strategy on its own can bring about the changes in governance Climate change will undoubtedly have an and social behavior that will be necessary to impact on forests. General models predict guarantee that activities and projects are carried higher temperatures in the lower altitudes and out as planned. REDD+ will need to be integrated drier conditions throughout the country. This will with a much broader legislative and policy have an impact on the distribution, composition reform, general awareness-raising strategies, and productivity of forests over time. But models attitude changes and strengthened institutional are very general and no precise predictions capacities. Overall the REDD+ approach has regarding this can be made in this SESA. It is been positive, although there are pros and cons estimated that Nepalese forests are lost at a regarding environmental and social implications. rate of 2% annually, highlighting that forests are Perverse negative environmental and social not a renewable resource. A few well-intended feedbacks are likely if REDD+ options are not objectives such as the promotion of effi cient fuel implemented effectively, effi ciently and equitably. wood usage might further aggravate forest loss. Whilst a well-meaning objective, the promotion Environmental of effi cient use of fuelwood might further aggravate forest loss. Furthermore, alternate With a REDD+ strategy in place, it is assumed energy sources – hydropower and biogas - also that there will be equitable access to forest result in various levels of deforestation. resources (including disadvantaged groups) – but a side effect is that such increased Social access may lead to further forest degradation, exacerbated even more by increased population Forestry remains closely associated with the pressure. Practices such as silviculture, livelihoods of the majority of people; and forestry plantation of trees and compensatory plantation and agriculture are intimately linked. REDD+ prioritize social and economical benefi ts over options aim to provide equitable benefi t-sharing the ecological benefi ts. Only those species which genuinely reaches all eligible community are promoted which have a higher social, households. If this is implemented effectively economic or medicinal value, as well as fast and equitably, it will eliminate a range of growing multipurpose species. As a result, confl icts that currently exists between classes such management practices could result in (haves and have-nots), ethnic groups, men a decline in forest diversity. Tourism is seen and women, close and distant users, etc. The as a sustainable mechanism to fi nance the adoption of REDD+ international standards management of protected areas. However, for participation, inclusion and informed some protected areas have been criticized for decisions will enhance the empowerment of prioritizing tourism over biodiversity conservation local communities, particularly women, IPs, (e.g. Annapurna Conservation Area, Dalits and other forest dependent poor and Chitwan National Park, Sagarmatha National marginalized groups – and this will help to Park). Therefore, it is important to strike a alleviate the negative impacts they frequently balance between biodiversity conservation endure from being excluded. Furthermore, the 23 establishment and strengthening of (gender- GESI orientation should devolve to the sensitive) mechanisms to address grievances community level to eliminate social confl icts will ensure an increased voice for the powerless that could arise when implementing REDD+. in general, and for women in particular. Women, poor, IPs, Dalits and marginalized people are Refl ections from discussions on generally landless having only usufruct rights National REDD+ Strategy of Nepal to land and forests. When carbon rights and benefi ts-sharing are tied to land and forest There has been a drastic change in Nepal ownership; it can result in the exclusion of since the submission of the concept of these groups, limiting their access to forests REDD+ in 2010. Most of the emerging issues and benefi ts. Hence, alternative mechanisms have not been addressed yet. It is necessary of providing carbon rights and benefi t-sharing indeed to include the multi-stakeholders in are needed so that these groups benefi t from the strategies. Misuse of funds should be the REDD+ programme and do not lose their corrected and the budget-fund distribution usufruct rights to land and forests. model should be transparent. Women from indigenous communities should be given more To address the possibility of gender discrimination priority than the vulnerable and marginalized against women and social exclusion of IPs, groups. An easy access to Information Dalits, poor and other marginalized groups, the Communication Technology (ICT) is a must application of the Gender and Social Inclusion in order to safeguard the right to information. (GESI) strategy should be mandatory in REDD+ The project bidding process and brokerage programs. GESI training should be required contracts should be made transparent. There for personnel at all levels, from policy-making must be FPIC from the related communities on to programme formulation, implementation, relevant issues before formulating policies or monitoring and evaluation. Furthermore, strategies.

24 National Biodiversity Strategy and Action Plan

Mr. Braj Kishor Yadav, Joint Secretary, MoFSC, support of the Global Environment Facility made available to the Ministry through United Introduction Nations Environment Programme.

The national biodiversity strategy refl ects the The NBSAP is a guiding framework for country’s vision for biodiversity and the broad management of Nepal’s biodiversity. It is policies and institutional measures that the prepared to meet the national needs for country will take to fulfi ll the objectives of the managing biodiversity on a sustainable basis for Convention, while the action plan comprises the benefi t of the present and future generations the concrete actions to be taken to achieve and also to fulfi ll the country’s international the strategy. In Nepal, biodiversity is closely obligations. It has a long-term (i.e. 35 years) linked to the livelihoods and economic well vision, and includes medium-term (15 years) being of millions of rural people who directly strategic goals, and short-term (up to 2020) depend on natural resources for meeting their priorities for actions and plans. daily subsistence needs and cash income. The subject touches upon many aspects, including Structure of NBSAP agricultural productivity, food security, human health and nutrition, indigenous knowledge, The NBSAP contains seven chapters, including: gender equality, culture, climate, water (i) introduction, (ii) the national context, (iii) resources and aesthetic value to the society. threats to biodiversity in Nepal, (iv) efforts to The country’s biodiversity is also an important manage biodiversity and key outcomes, (v) source of revenue to the government. strategy for management of biodiversity, (vi) arrangements for implementation of the strategy, The government had prepared and implemented and (vii) framework for local biodiversity strategy Nepal Biodiversity Strategy (NBS) in 2002 and and action plan. The description and analysis of Nepal Biodiversity Strategy Implementation past efforts and achievements, and formulation Plan (NBSIP) in 2006. Useful experience of strategies and actions are focused around and lessons have been learnt from their six thematic areas and sectors: (a) protected implementation. Moreover, substantial changes areas, (b) forests outside protected areas, (c) have taken place in the socio-political and rangelands, (d) wetlands, (e) agriculture, and environmental contexts of the country over the (f) mountains. Cross-cutting themes, such as last decade. Several themes and issues (e.g. livelihoods, governance, gender and social climate change, gender and social inclusion) inclusion, and climate change impacts and have gained prominence after 2002. In view of adaptations have been dealt with separately. these changes, Government of Nepal, Ministry of Forest and Soil Conservation has prepared The strategic goals, specifi c strategies and this revised National Biodiversity Strategy and priority actions have been clustered into the six Action Plan (NBSAP) with technical support of themes and prioritized by taking into account the Kathmandu Forestry College, and funding the links between them and by reference 25 to key biodiversity issues and threats. The identifi ed as having food value, and around half relation of each of the strategic goals with the of those species are believed to be currently CBD’s 20 Aichi Biodiversity Targets included under cultivation. The country’s horticulture in the Strategic Plan for Biodiversity 2011– diversity includes 400 species and subspecies 2020 has been explicitly mentioned, which of horticultural crops, including 45 species of will make monitoring of the progress easier. seasonal fruits. An estimated 200 species of The strategies also attempt to address the vegetables, including 11 different local varieties Millennium Development Goal of ensuring of potatoes, are grown in the country. A total of environmental sustainability. The arrangement 342 plants and 160 species of wild plants and for implementation of the strategy highlights the animals have been reported as being endemic key aspects of institutional, capacity, technology, to the country. Of the 342 endemic plant species, communication and extension, monitoring and 14 belong to tree and bamboo groups. The reporting, and funding that are required for richness of endemic species increases steadily successful implementation of the NBSAP. from low to high elevations. The high altitude rangelands are especially important from the The National Context perspective of endemism. Many species of plants and animals are threatened. This includes Nepal has tremendous geographic diversity 55 species of wild mammals and 18 species of that ranges from alluvial plains in the tropical trees found in the mountains. Birds are among lowlands to very rugged and permanently the most threatened group of fauna. snow and ice covered Himalayan Mountains. The country can be divided into fi ve major Nine species of plants, 55 mammals, 149 physiographic landscapes extending from birds, and 64 herpes, two fauna are included east to west, namely the High Himal, High in the IUCN Red List. Similarly, 154 species of Mountains, Middle Mountains, Siwalik and Terai. plants, 52 mammals, 108 birds and 19 reptiles The climate varies from alpine cold semi-desert and three insects have been listed in the type in the trans-Himalayan zone to tropical CITES Appendices. Several species of plants humid type in the Terai lowlands. The climate is and animals, including 27 mammals, 9 birds, predominantly infl uenced by three major factors 14 angiosperms, and 4 gymnosperms have namely the altitudinal variations, monsoon, and been declared as protected species by the westerly disturbances. Four major Himalayan government. river systems, namely Koshi, Gandaki, Karnali and Mahakali, drain 73 percent of the country. Efforts to Manage Biodiversity and Key Outcomes Forests, together with shrub lands, covered 39.6 percent of the country’s land area in Government of Nepal, together with its 1994. Agriculture and grasslands covered 21 development partners and local communities, percent and 12 percent, respectively. There are made substantial efforts to conserve and regional variations in terms of changes in forest sustainably use the country’s biodiversity conditions. The commercially and biologically during the last decade. Some of the efforts valuable forests in the Terai lowlands and and associated achievements relate to adjoining Siwalik Hills suffered from high rates implementation of the strategies recommended of deforestation and degradation over the last by the Nepal Biodiversity Strategy (2002) and four decades. More recent estimates, however, Nepal Biodiversity Strategy Implementation indicate a decreasing rate of forest loss in those Plan (2006), while many other achievements regions (and Nepal). Forests in the Middle were made without reference to the Strategy or Mountains are, in general, better managed and Implementation Plan. in many places forest cover increased in recent years due mainly to the community forestry Various enabling plans, policies and programme. legislations have been developed and implemented to facilitate sustainable economic The diverse climatic and topographic conditions growth and further enhance participation in the country have favored for maximum of local communities in the management of diversity of agricultural crops, their wild relatives, biodiversity and natural resources. All the 26 and animal species. Over 550 crop species are national development plans developed and implemented since 2002 have some provisions and cooperation, and inadequate education, related to biodiversity. Biodiversity has its place awareness and participation of the general also in the Interim Constitution of Nepal (2007), public are some of the major gaps. which recognizes the right of every person to live in a clean environment as a fundamental Community based forest management right, and asks the government to make programmes, including community forestry, special arrangements for the conservation of leasehold forestry, and collaborative forestry biodiversity, its sustainable use and equitable were substantially expended during the last distribution of the benefi ts derived from it. The decade. The three programs combined cover Constitution also obliges the state to pursue over 30 percent of the national forest area at a policy aimed at identifying and protecting present. Those efforts helped abate loss and traditional knowledge, skills and practices. degradation of forests and even reversed the Policies and legislations relating to community trend in many areas, particularly the Middle based forest and protected area management Mountains. The improvement in forest condition have been effective in bringing success in the under community management is believed to management of forest and protected areas. have positively contributed to biodiversity. The Moreover, a number of other sectoral policies medium of community forest user groups is have been formulated in recent past. The Herbs also helping in inculcating spirit of democracy and Non-Timber Forest Products Policy (2006), among the people, and has helped bring gender Agro biodiversity Policy (2007), Tourism Policy balance and social justice to some extent. (2009), Rangeland Policy (2012), Wetlands Eight natural forests with high biodiversity Policy (2012), and National Seed Vision (2013- value have been declared as protected forests 2025) are examples. The Plant Protection since 2002. Implementation of the landscape Act (2007) can be taken as an important step management and Rastrapati (i.e. President) towards controlling introduction of invasive alien Chure Conservation Programme, reclamation plant species. and reforestation of encroached forestland, and initiatives to implementing REDD+ and PES One of the major gaps in existing laws relates to are some other efforts of the Ministry of Forest sustainable utilization of biological resources and and Soil Conservation towards management of equitable sharing of the benefi ts accrued from forests and forest biodiversity outside protected conservation of genetic resources. The Genetic area. Resources (access, use and sharing of benefi ts) Bill and National Intellectual Property Policy, which The government has recognized the importance were drafted in 2008 and 2012, respectively, of dealing with the impacts of climate change still await approval. Lack of strategy to activate that cross-cut several sectors and themes, and capacitate local bodies (DDCs, VDCs, including biodiversity. Development of National municipalities) for biodiversity management is Adaptation Programme of Action and REDD another major gap. Lack of required legislation Readiness Preparation Proposal in 2010, has also affected effective implementation of a and Climate Change Policy in 2011 are some number of multilateral environmental agreements of the key strategic efforts of the government concerning biodiversity conservation in which towards mitigating and adapting to the impacts Nepal is a Party. of climate change. A high level Climate Change Council chaired by the Prime Minister has been On the institutional front, establishment of high formed in 2009 to provide overall guidance level committees, such as Climate Change in climate change mitigation and adaptation. Council and National Tiger Committee are Similarly, a multi-stakeholder Climate Change some of the noteworthy recent efforts of the Initiatives Coordination Committee has been government. Initiatives taken to strengthen formed for coordinating climate change cooperation with China and India were some activities. Setting up of a REDD Cell at the other good efforts aimed at curbing poaching Ministry of Forest and Soil Conservation; and illegal trade of wildlife parts. Inadequate promotion of a clean and renewable energy human, fi nancial and technical capacities and for low carbon emissions, and piloting REDD+ excessive political pressure have negatively are some other efforts made in climate change affected functioning of the government forestry mitigation and adaptation. Poor understanding institutions. Poor inter-agency coordination of impacts of climate change on species and 27 ecosystems, weak assessment and learning Biodiversity Strategy Implementation Plan loop, inadequate capacity, weak forestry sector (2006) provided the necessary context for governance, lengthy administrative process formulating the new strategies and priorities for in implementation of Clean Development actions. Mechanism are some major gaps in effective implementation of climate change mitigation The specifi c strategies and associated actions and adaptation programs. are grouped into the six biodiversity themes and a number of cross-cutting subjects. The The following are some of the key lessons strategies for managing forest biodiversity aim learned from management of biodiversity in at reducing or managing human pressures on Nepal: (a) meaningful participation of local natural resources, reducing climatic threats to communities in the management of natural ecosystems, species and their habitats, and resources is a key to ensuring success and addressing economic and social concerns of sustainability of programme interventions, local and indigenous communities through (b) landscape approaches could be more targeted programs and enabling policy and appropriate for addressing multiple drivers legislative environment. Reducing the rate of biodiversity loss, (c) cooperation and of loss and degradation of forest habitats, collaboration among relevant agencies improving biological connectivity and species (government, I/NGOs, local communities) composition, enhancing knowledge and is crucial to achieve success in biodiversity understanding about forests, promoting conservation, (d) regional cooperation can be conservation of species and genetic diversities, helpful to curb a trans boundary trade of wildlife enhancement of forest-based livelihoods are parts and strengthening ecological security in some of the specifi c focuses. trans boundary regions, (e) enabling policy is necessary to achieve the intended outcome The strategies for management of rangeland and appropriate legislation is necessary in order biodiversity emphasize on improving knowledge to translate the policy pronouncements into understanding of rangeland ecology and practice, and (f) positive incentive measures, biodiversity; development and implementation which promote conservation-friendly behaviors, of integrated rangeland management plans are necessary to encourage local people in and programs for improving conservation of biodiversity conservation. rangeland biodiversity and enhancing the herders’ livelihoods. The strategies for wetland Strategy for Management biodiversity focus on effective conservation and of Biodiversity sustainable utilization of wetland resources, and addressing the legislative gap and administrative The National Biodiversity Strategy and Action ambiguities. Plan is prepared with a long-term vision of prosperous Nepal where biological and Improving and expanding the existing cultural treasures are well protected, ecological community based conservation and use of systems are sound and well-functioning, local agricultural genetic resources; strengthening and indigenous peoples’ legitimate rights over the national ex situ conservation programme; resources are ensured and livelihoods are enhancing communication, education and enhanced and sustained. The overall goal is public awareness; and promotion of indigenous to signifi cantly enhance the integrity of Nepal’s traditional knowledge, skills and practices for ecological systems by 2025, thereby contributing conservation and use of agro biodiversity are to enhanced local livelihoods, human rights and some of the strategies for management of agro sustainable development of the country. This biodiversity. is to be achieved through implementation of a number of sector specifi c and cross-sectoral Strategies for managing mountain biodiversity strategies and priority actions. Eight principles include: generating and strengthening knowledge underpin the strategy and 15 broad strategic on the ecology of mountain ecosystems; approaches have been recommended to promoting alternative livelihoods opportunities; facilitate implementation of the strategy. The enhancing environmental governance to drive lessons learned from implementation of the green economy; promoting public–private 28 Nepal Biodiversity Strategy (2002) and Nepal partnerships and regional cooperation; and consolidating diverse funding mechanisms for mechanisms for successful implementation of biodiversity management, climate change, and the National Biodiversity Strategy and Action sustainable development. Plan.

Some of the cross-sectoral strategies included The framework for Local Biodiversity Strategy in the report include: (i) designing and and Action Plan (LBSAP) is to serve as a guide implementation of an integrated landscape while preparing detailed and specifi c LBSAP by management strategy that focuses on local, the VDCs and municipalities across the country community-led actions to solve resource for their own use. The framework outlines the management, biodiversity conservation, and process to be followed in development of the climate change challenges, (ii) enhancement LBSAP; recommends specifi c strategies and of national capacity for biodiversity research, actions for effective management of biodiversity (iii) integration of biodiversity values into at the local (VDC/municipality) level; and national and local policies, strategies plans and outlines monitoring and funding mechanisms. programs, (iv) educating society and business the importance of biodiversity conservation Refl ections from discussion on and ecosystem services, (v) promotion National Biodiversity Strategy and of transparency, accountability and multi- Action Plan stakeholder approach at different levels, (vi) promoting synergies among biodiversity related While addressing the emerging issues, it international conventions, (vii)ensuring effective is necessary to include the cultural issues, learning from the monitoring and evaluation norms and values of the IPs too. The issues processes and using the learning in decision of IPs seem to be neglected in the action plan. making, and (viii)strengthening implementation They possess an inherent knowledge on the mechanisms. Development of knowledge base management of biodiversity. As such, there to broaden temporal and spatial perspectives should be special provisions to protect their and possible risks of climate change on intellectual rights. Though the strategy primarily biodiversity; incorporation of climate change deals with bio diversity management, cultural adaptation measures in the design and issues of the IPs cannot be undermined. Their implementation of biodiversity management precious contribution in nature conservation programs; implementation of REDD+ and PES and biodiversity management must be and promotion of non-conventional energy acknowledged and mentioned in the strategy. sources, where feasible are some of the strategies for mitigation and adaption to the IPs have deep association with the forests and effects of climate change on biodiversity. natural resources in the form of social, economic and spiritual aspect. But unfortunately, adverse Arrangements for Implementation strategies of GoN, has endangered their survival. of the Strategy They have been deprived from enjoying tenure rights. Many forests and grazing lands have The arrangements for implementation of the been registered in the name of industrialists and strategy are focused on the institutional, capacity, businessmen. The issues and identity of IPs technology, communication and extension, is distinct from that of local communities, and monitoring and evaluation, and funding aspects. hence they should not be linked with any local The institutional arrangement plan has presented groups or NGOs/INGOs. They have a separate mechanisms for coordination and monitoring federation advocating their issues. of biodiversity related plans, programs and activities at the national, district and local levels. The mafi a problems, criminalization of politics The capacity enhancement plan has identifi ed and politicization of crime are most often the strengths, gaps or constraints in capacity and protected under the political infl uence. It poses recommended the needs for actions to enhance a major threat and challenge in the effective national capacity for improved management of implementation of the strategy. Such types of biodiversity. The monitoring and evaluation plan challenges and problems should be faced and includes a monitoring and evaluation mechanism tackled co-operatively. The program indicators and framework, and the plan for funding has should be more standard, scientifi c and identifi ed cost categories and possible fi nancing effective. 29 National Strategic Framework for Nature Conservation

Dr. Yam Malla, Country representative of is prepared to add value to the existing sectoral IUCN, Nepal. strategies and neutralize inconsistencies and controversies in sectoral strategies. Designed Background Information as a people centric framework, it will adopt a multi stakeholder, inclusive and participatory In the 1980s, Nepal was among the pioneering approach from all geographic regions, thereby countries to formulate a National Conservation achieving effi ciency through avoidance of Strategy. The 1988 National Conservation duplication of efforts. Strategy, developed by National Planning Commission (NPC) with technical cooperation The project is scheduled to be formulated in this of IUCN was well received in the country and fi scal year and going to be implemented in the recognized internationally among the scientifi c coming fi scal year for a 9 month period (Jan- community and development practitioners. Sep 2014). Nepal has then participated and is signatory to a number of international conferences and Methodology/Process Used/ To Be Used agreements including the United Nations Convention on Environment and Development, z Initial discussion about updating the NCS The Ramsar Convention, The UN Millennium (1988) Development Goals and ratifi ed the United z National consultation workshop National Framework Convention on Climate z Unanimous support for a need to update Change. the NCS (1988) - develop an umbrella strategic framework (not strategy) The objective of this framework was to cope z Project Steering Committee (PSC) - Reps up with the changed scenario in Nepal and to of GOs, NGOs, CSOs, CBOs & research/ update the National Conservation Strategy education Institutes. NPC Member Sec. (NCS), 1988. The updated strategy would also (chair) address new socio-economic and environmental z NEFIN, FECOFUN and NGO Federation challenges in Nepal. Along with issues like reps in the committee climate change and rapid urbanization, the z Approach - consultative, participatory & country is also facing food, water and energy inclusive – all levels scarcity. z IUCN for TA (as in the 1980s); development partners’ support This is an umbrella strategic framework (not z Language to be used – Nepali and strategy), providing directions and guidance English for mainstreaming nature conservation in z Reviews of the NCS (1988) and other development plans and programs. Therefore it relevant strategies 30 Present Status of the Project indigenous knowledge, taking Free, Prior & Informed Consent (FPIC) in decision-making The proposal was initially approved by NPC, process and practicing Access and Sharing taking the consent of MoFSC. There was a of the Benefi ts (ABS) arising from uses of the tripartite agreement between NPC, Swiss genetic resources in and around the natural Government and IUCN for composing strategic resources areas managed and protected by IPs framework in order to set standards and and LCs. guidelines to be used for integrating nature conservation in Nepal’s all national development Strategic Actions Relating strategies and programs.” to IPs and LCs

The preparatory work of the project has NSFNC has made a conscious and deliberate almost been completed. NPC and IUCN jointly effort to consider the agendas of IPs and LCs in organized a consultation workshop among the nature conservation plans and programs. It has government, non-government, civil society, provisioned to include their representatives in private sector and development partners to the team member and steering committee. The help review the strengths, achievements and literature of IPs and LCs are reviewed on the gaps, challenges and opportunities for a better basis of checklist questions, with the review of conservation strategy. Likewise consultation strategies. Following provisions has been made programs were organized on the issues of in the framework document: GESI, IPs and LCs (Local Communities) at national, sub-national and local levels. z Assessing access & use rights of IP&LC to natural resources Engagement of IPs and LCs z Recognition of local/ indigenous knowledge of natural resources & their NSFNC has prioritized the issues of social, management systems cultural and IPs sectors. It has organised z Promotion and protection of local/ consultations with the expertise and indigenous knowledge, including the representatives of each sector in its national, sub intellectual property rights (law, rules, national and local levels. It realizes the fact that guidelines etc.) without their consultations, a project cannot be z Capacity building (awareness raising, implemented successfully. Hence considering training, communication etc.) their importance, NSFNC has provisioned to include a representative of NEFIN in the Project Steering Committee. Similarly, its team Concluding Notes members also consist of a national consultant having knowledge and expertise on IPs &LCs' z NPC, the Lead Institution is very issues and challenges. NFSNC believes in an conscious of the need for consultative, inclusive and participatory teamwork system for participatory and inclusive approach a better outcome. for developing strategic framework, such as; Contents Relating to IPs and LC z It is refl ected in the approach NPC has taken right from the beginning NSFNC has prepared a checklist of questions – i.e. engaging NEFIN rep in dealing with the concerns of IPs and LCs such the Project Steering Committee, as customary rights and local laws, knowledge including national expert on IP&LC and systems of the locals and IPs on managing, issues/ agendas in the national study using and governing natural resources, team compliance with international documents z The development partners, especially like ILO 169 and others such as the national the Swiss government is very keen and constitutional policies and institutional to ensure the ownership of the provisions for recognising and protecting their document by national government usage. Special importance has been given for and by major stakeholders. protecting Intellectual property rights of the 31 Refl ections from the discussion on It is essential to bring out the fi nal conclusion on National Strategic Framework for the basis of relevant acts, regulations, policies, Nature Conservation Formulation and monitoring and evaluation mechanism, Project (NSFNC) including consultations in the framework. FPIC should be carried out at all levels through The strategy should comply with the extensive consultations and dialogues, right standards and provisions as per the International from the background stage. To make the documents like ILO 169, UNCCC, etc. strategy really strong and effective, revision Though nature conservation may not seem of legal provisions, confl ict management and effective in many contexts, still it is a matter development of compensation policies, are of concern as resources are slowly becoming essential. scarce. The document papers on the related strategies should be simplifi ed and presented Continuation of next steps in a clear, concise language. If possible, the technical terms should be supported with With the end of the four presentations and practical examples. There should be a detail discussions, the next step of the consultation study or research to explore new tourism program was to draft the position papers on the areas with possibility. Diversifi cation of tourism above mentioned four strategies which was the areas and protection of both tangible and most important part of the program. There was intangible forms of cultural heritages should be a planned open platform for road discussions preserved. and dialogues among the group divisions on several related strategies. Similarly, the fi nal At the present stage of post confl ict, the issue position papers were to be submitted to the GoN of conservation with social justice is emerging. representative in the third part. This will mark a The IPs' issues too, should be recognized signifi cant step forward as the entire national and identifi ed under it. Moreover, the strategy and international media plan to cover the news. should accept the concept of conservation In addition, a formal declaration on forest related and development with social justice, and strategies by the NEFIN Secretariat was to be conservation with self determined development. followed.

32 PART 2

Preparation of IPs position paper in forest related strategies

Introduction and declarations to ensure their basic rights. Various forum and alliances are being formed The program started with the refl ection at the moment. IPs' issues are considered there of activities in part one by the group with great concern. Similarly, foreign investors representatives, namely Yashoda Rai, Kirat Rai are being attracted towards the hydropower Yayakha and Kiran Sunuwar, Ex DCC Chair. project in Nepal. Some international companies Further commitments were expressed to had already expressed their interests to invest. transform the group discussion into a solid Thus, IPs should be more cautious to protect position paper. their rights in such type of projects.

Though the IPs were not involved in forest Group division destruction, they became the main victim of the past government policies and strategies on Ms. Pasang Dolma Sherpa, National Co- forest related sectors. The present discussion ordinator of NEFIN REDD+ Climate Change was to revise the past strategies and to actively PROJECT, gave a small briefi ng about the participate in every state level activity to lobby thematic discussion to be conducted and and advocate the GoN on issues of IPs. IPs must divided the participants into four groups as also raise voice in the international conventions mentioned below:

Group 1: Discussion on Forest Sector Strategy

Facilitator : Mr. Khim Ghale Participants : Dambar Tembe, Ang Kaji Sherpa, Kumar Thapa, Premdhwoj Thapa, Roshani Meche, Chapati Budhathoki, Jitendra Chepang, Badri Kuswady, Naresh Tamrakar, Kedar Dhimal.

Group 2: Discussion on National REDD Strategy

Facilitator : Mr. Tunga Bhadra Rai Participants : Danda Gurung, Dal Bahadur Gharti Magar, Ram Avatar Mandal, Kishore Angdembe, Buddha Gharti Bhujel, Dhan Bahadur Hayu, Amit Meche.

Group 3: Discussion on National Biodiversity Strategy

Facilitator : Ms. Sarah Subba Participants : Mohan Singh Lama, Kiran Sunuwar, Dandu Dhokpya Sherpa, Kiran Baram, Yashoda Rai, Resham Tamu, Kumar Tamang, Mahendra Thapamagar. 33 Group 4: Discussion on National Strategic Framework for Nature Conservation Formulation Facilitator : Dr. Pasang Sherpa Participants : Sher Bahadur Bhujel, Buddha Lama, Dhyani Uraun, Jyoti Danuwar, Gokul Buda, Tirtha Surel, Chandra Baram, Nabin Nachhiring, Norbhu Ghale, Nima Lama, Tashi Shyangbo, Lakpa Norbu, Sakuntala Lapcha.

The group discussion was concluded point fi ve along with consumption of land and successfully. All the participants discussed and resources), Kiran Sunuwar (to add assurance of interacted actively on the given topic under the self determination with FPIC), Dandu Sherpa (to guidance of their respective facilitators. After an address the issue of hydro project investment in extensive group work, they prepared related order to ascertain the rights of IPs, add FPIC position papers that addressed all the members alliance mechanism). voice within. Group 3 Presentation: Group 1 Presentation: Position Paper of IPs on National Recommendation of IPs on National Bio diversity Strategy Forestry Sector Strategy The position paper was presented by Mr. Kiran The recommendation paper of group one was Baram. It raised the issues of recognition and presented by Bishnu Singak Limbu. It consisted contribution of IPs in bio diversity conservation, of 10 point recommendations on the topic of the their ownership and rights, benefi t sharing, etc. IPs contribution, their ownership rights, forest It was corrected on the spot, considering management, benefi t sharing, private sector the suggestions given by Norbhu Ghale (to participation and so on.After the presentation, add signifi cant representation in place of the recommendation papers were corrected on participation and IPOs in place of IPs), Tunga the spot through feedbacks and suggestions of Bhadra Rai (was general and not up to date, other group participants like Sonam Yakha (to appeared identical to other strategies, did not include the land reform act, 2021), Shanti Jirel (to address intellectual rights and the protocol of include safeguard policy and reduce the repetition NAPA and LAPA). of points), Norbhu Ghale Dolpo (language correction and use of IPOs instead of IPs), Tunga Group 4 Presentation: Bhadra Rai (to clear the concept of private sector Position paper of IPs on the participation), Kiran Baram (to include the third National Strategic Framework for gender issues and compensation policy), Kiran Nature Conservation Formulation Sunuwar and (to term the recommendations as position papers and remove the concept of The resolution paper was presented by Mr. Vishnu private sector participation). Thokar. He explained the topics like contribution and recognition of IPs, their ownership, Group 2 Presentation: management of natural resources, benefi t 17 point position paper of NEFIN on sharing, role of private sector, etc. in a short and the policy related with Assurance of simple language. Some points were immediately IPs' Rights in National REDD process corrected after a short discussion and debate.

The 17 point position paper was presented by Final Outcome Mr. Phurba Lama. Topics like guaranteeing the implementation of international and national Finally, the compiled form of NEFIN position paper strategy, assurance of FPIC, concept of on all four strategies was prepared and handed over REDD+, recognition of traditional ownership to Mr. Nagendra Kumar Kumal, NEFIN President. and rights of the IPs, etc. were addressed. He read it thoroughly and gave some suggestions There was an immediate correction through the such as making it shorter and compiling it into a feedbacks and suggestions given by Buddha single document, and addressing the issues of 34 Lama (to add protection and conservation in GESI only in relevant points. FINAL OUTCOME

Indigenous Peoples’ Position Paper on the upcoming Forest Sector Strategy, National REDD Strategy, National Biodiversity Strategy and Action Plan, and National Strategic Framework on Nature Conservation

Recalling that the indigenous peoples (IPs) are Determining that indigenous peoples and the sons and daughters of the soil, and nature are inter-dependent; Reminding that the forest policies and legal Nepal Federation of Indigenous Nationalities provisions have confi scated the land, forest and (NEFIN) presents its positions on Forest natural resources of the indigenous peoples, Strategy, National REDD+ Strategy, National and Biodiversity Strategy and Action Plan, and Realizing that the indigenous peoples shall Strategic Framework on Nature Conservation be affected most with the negative impacts of below: climate change, and Recognition of Contribution Considering that the National forest related strategies proposed for the mitigation of impacts z As the indigenous peoples and indigenous of climate change is to affect the indigenous women had been distinctly conserving, peoples, and promoting, managing, controlling and Recognizing that the distinct knowledge, skills using the forests centuries before the and customary practices of the indigenous introduction of forest-related legal peoples have signifi cant contributions in the provisions, their distinctive contribution conservation of biodiversity, and should be legally recognized

IPs' Position on Forest Sector Strategy

Ownership conservation and use of forest and forest resources should be re-established by z Forests and forest resources owned, formulating necessary law. controlled, conserved and used since ages by the indigenous peoples have Management been confi scated with the introductions of Private Forest Nationalization z Forest management system, aided by Act- 1957, Resettlement Company the indigenous peoples' and indigenous Act- 2021, Land Reform Act, women's' cultural, religious, social, 1964, Jhoda Act- 1972, National economic, and spiritual aspects and Park and Wildlife Conservation customary practices should be given Act- 1973, Pastureland Privatization legal recognition and promotion. Act- 1975, Forest Act- 1993 and Forest z Legal provision should be introduced to Regulation 1995. Hence, the indigenous ensure the complete proportional and peoples' right of ownership, control, inclusive participation in the local and 35 central committees of the consumers' group the policies, acts, laws, regulations, action and Federation of Community Forestry plans. They should be also ensured to Users, Nepal (FECOFUN). involve in the monitoring and assessment z Community Forest Users' Groups, while process both in the local and national level formulating their constitutions, policies, procedures and mechanism. Principles rules, and action-plans should recognize of the United Nations Declaration on the indigenous peoples' age-long Rights of Indigenous People (UNDRIP), traditional practices related to the forest ILO Convention- 169 and Free and conservation and management. Prior Informed Consent (FPIC) should z On part of the indigenous peoples, evicted be adopted while bringing these legal from the protected forest areas, provision provisions into practice. of representing indigenous peoples in the Community Forest Users' Group should Gender Equity and Social Inclusion be ensured. The provision of '3Km-off- settlement' from the protected forest as z Provisions should be made to ensure the existing in the prevalent legal system especial representation of indigenous should be revoked. women, youths, differently able persons, third-genders, minorities, and sidelined Benefi t Sharing indigenous peoples in every forest management mechanism and process. z Provisions should be made in such a way that the benefi ts from the forests Forest Promotion and Plantation and forest resources owned, controlled, z While promoting forest and launching and managed by the indigenous peoples afforestation programs, priority should belongs to them. be given to the plants and trees that z As indigenous peoples are dependent to share relations to the economic, social, forests and forest resources, they should cultural, religious and spiritual values of be allowed to continue with their age-long the indigenous peoples. cultural, social, economical, religious, z In pretext of economic development, the and spiritual practices along with the plants, and trees with the social, cultural, use of medicinal plants and ways of their economic, religious and spiritual values livelihoods. should not be fallen down. z Rational sharing of every benefi t obtained z Responsibility of managing and planting from forests and forest resources should the biodiversity-friendly original species of be ensured in between the community plants should be given to the indigenous and local indigenous peoples. peoples of the concerned locality.

Participation of Private Sector Issue of Federalism

z Historical forests and forest areas owned, z Indigenous peoples' rights regarding controlled, used, and managed by the the ownership, access and control over indigenous peoples should, no way, be the forests and forest resources should, privatized. constitutionally, be ensured before the country is divided into federal states Participation, Consultation and FPIC Rights to Land z Provisions should be made to ensure an institutional and complete proportional z Provisions should be made in a way so and inclusive participation of indigenous that indigenous peoples get rights to peoples and indigenous women in continue with the lands they have been process of formulating and implementing using and controlling.

36 IPs' Position on National REDD Strategy z While formulating REDD+ policies and with the forests, lands and various means strategies, indigenous peoples' rights of natural resources, the REDD+ strategy to environmental and social safeguard should pay them back by recognizing the policy should be brought into practice as contributions made by these factors. enshrined in government-ratifi ed ILO C- z Information related to every tyre of 169, government-signed United Nations REDD+ activities and decisions should be Declaration on Rights of Indigenous People disseminated to the indigenous peoples in (UNDRIP), Convention of Biodiversity their plain mother tongues and mediums (CBD) and the United Nations Climate down to the local level. Change Conference (COP 16) or Cancún z Reasonable distribution of benefi ts Safeguards. obtained from the REDD+ should be z REDD+ activities should be prepared and ensured. Recognizing the economic, implemented only after the Free, Prior and social, cultural and spiritual aspects and Informed Consent (FPIC) of the indigenous their contributions in forest conservation, peoples. The inclusive participation of indigenous peoples should be given with women and youths from indigenous the non-carbon benefi ts as well. peoples should be ensured in process of z As provisioned by the Cancùn Safeguards, FPIC. full and effective involvement of indigenous z Since the concept of REDD+ is related peoples organizations should be ensured to lands and forests, indigenous peoples' in the local, regional and the national level rights to control and access over the REDD process, administrative system ancestrol lands, forests and natural and organizational mechanism. Special resources should be entirely established. provisions should be made for inclusive z Since the indigenous peoples are in participation of the women, youths and collective ownership, use and control of sidelined communities belonging to the their ancestrol lands and natural resources, indigenous peoples. the upcoming strategies should recognize z Including other fi nancial mechanism, their age-long traditional practices. indigeneous peoples' full and effective Indigenous peoples modes of livelihood involvement and access to the Green should not be considered the cause of Climate Fund (GCF) should be ensured. deforestation. Special provisions should be introduced z The customary laws and practices on for the inclusive participation of women, lands and natural resources exercised youths and excluded communities by the indigenous peoples should be belonging to the indigenous peoples. implemented with clear recognition. z In regard to the REDD+ Process, necessary z Since the indigenous peoples have the amendments should be made over the prerogatives to enjoy lands, forests and fi nancial and other provisions for the natural resources of their areas, they capacity enhancement of the indigenous should even get the rights to forest- peoples. carbon. z Full and institutional representation z Recognizing indigenous peoples' traditional of indigeneous peoples should be skills, knowledge and customary laws as ensured while formulating the Social contributing factors to the susstainable and Environmental Strategy Assesment conservation and management of the (SESA) and Environmental and Social forests, the REDD+ process should Management Framework (ESMF). Special establish rights to continue with these provisions should be brought out for the indigeous tools. inclusive participation of the women, youths z Since the indigenous peoples' and excluded communities belonging to fundamentals of occupation, religion, the indigenous peoples. culture, religious faith, intellectual property, z Community-based Monitoring and experties and herdiatry have inter-relations Measuring, Reporting and Verifi cation 37 (MRV) system should be introduced by and grievance re-address mechanism ensuring full and effective participation of should be formed up by ensuring full and indigenous peoples in the M &MRV process effective involvement and access of the of REDD+ project and its activities. indigenous peoples' organizations. z An independent and effective feedback

IPs' Position on the National Biodiversity Strategy and Action Plan

Recognition of Contribution knowledge, and skills of indigenous peoples and they should have rights to z Considering indigenous peoples' traditional management. way-of-life, culture, religion and spiritual z The government should ensure full and values as an integral part of biodiversity effective participation of indigenous peoples conservation, the upcoming Biodiversity while forming the community and protected Strategy and Action Plan should recognize area-based leadership structure for the and allow to continue with their traditional conservation of biodiversity. way-of-life, culture, religion and spiritual z Keeping in mind the conservation of values. biodiversity-friendly traditional knowledge z Realizing the fact that traditional knowledge, and practices of indigenous peoples, skills, and values of indigenous peoples responsibility of conserving and managing have signifi cant role in the conservation the local biodiversity should be given to of biodiversity, these traditional tools the indigenous peoples of the concerned and values should be recognized and areas. continued. z As the indigenous peoples' traditional way- Benefi t Sharing of-life, religious, cultural, and spiritual values have been contributing in the conservation z The benefi t sharing from local biodiversity of biodiversity, provisions should be made and natural resources should be based on so that they remain distinct and unaffected. fair and equitable principle of justice, giving foremost priority to the indigenous peoples Ownership of the concerned areas. z Assessing the impacts of construction and z Indigenous peoples should have their expansion of biodiversity conservation ownership over the herbal plants, animals, areas, justifi able compensation should rivers and rivulets, pounds and lakes, be given to the indigenous peoples of the non-physical cultural heritages, traditional concerned areas. dwelling areas, and prayer-making sites related to their way-of-life. Participation of Private Sector z Since the original names of the local herbal plants and natural resources have been out z Under the public private partnership (PPP) of practice because of national policies, scheme, private sector participation in the they should be renamed in the local mother biodiversity, land, water, minerals, and tongue in the biodiversity strategy. forest conserved and consumed since z Indigenous peoples' intellectual property age by the indigenous peoples should be rights (IPRs) over the goods produced allowed only with their consent. Indigenous with their genetic resources, traditional peoples' participation should be obligatory knowledge, and skills should be in such projects. established. Participation, Consultation and FPIC Management z Full and effective participation of indigenous z Conservation of biodiversity should be peoples should be ensured right from the 38 carried on the basis of traditional values, making of biodiversity strategy to the making of policy, laws, action plan, and regulation be authorized and legitimated while making related to it. laws on biodiversity conservation. z While formulating these policies, rights z While formulating laws on biodiversity of indigenous peoples, as enshrined conservation, indigenous peoples' rights, in the ILO- 169, UNDRIP, CBD, should as enshrined in the ILO C- 196, UNDRIP established and FPIC should be taken as and other international accords should be provisioned by other international accords ensured. and conventions. z Institutional participation of the indigenous Gender Equity and Social Inclusion peoples should be ensured in the district, regional and central level biodiversity z While formulating strategy, laws, bylaws, coordinating and monitoring committees. regulations, guidelines, acts and action plans, full and effective participation of Monitoring Mechanism differently able and indigenous women should be ensured on the basis of human z The Strategy on Biodiversity should give full index and social diversities. and effective recognition to the Indigenous Peoples' Community Based Monitoring Rights to Land Information System (CBMIS). z Every tier of biodiversity monitoring z Indigenous peoples should have their mechanism should be comprised of the full complete ownership over the lands and land and effective participation of the indigenous areas that they have religiously, culturally peoples' organizations including Indigenous or spiritually controlled and consumed. Women organizations both at the national They must have entire ownership over the and community levels. biological and non-biological sources and means available in such lands. Legal Provision z Indigenous peoples' rights-friendly provisions should be ensured as indicated z Customary laws, traditional practices, and in the National Biodiversity Strategy and values of the indigenous peoples should Action Plan.

IPs Position On the Strategic Framework On Nature Conservation

Recognition of Contribution knowledge and skills should be conserved, protected and promoted simultaneously z The government should recognize the distinct with conservation and management of the customary laws and practices existing in the natural resources. indigenous peoples’ communities, which z Original names of the indigenous peoples' have been contributing in the sustainable ancestral homelands along with the natural, conservation and management of the cultural, and religious heritages, named in natural resources. Nepali language in pretext of Hindunization z Through the Strategic Framework on Nature and Nepalization, should be renamed and Conservation, the government should identifi ed in their own mother tongues. legalize the indigenous peoples' traditionally important social, economical, political, and ownership religious institutions. z Necessary amendment and reformation of z The indigenous peoples should be ensured the existing laws related to the conservation of access and ownership of the natural and management of natural resources resources in their areas. should be made in line with the FPIC z Indigenous peoples should be ensured with the principle. full ownership over the pasturelands, religious z Conservation of indigenous peoples' areas and cultural sites that they have been language, culture, script, traditional controlling and using sinces ages. 39 z The laws, acts and regulations related to z The government, while making private sector the forest and natural resources should be participation or public private partnership for immediately amended and reformed in line the conservation and management of the with the internationally important accords, natural resources, should give priority to conventions and declarations. Any articles the indigenous peoples of the concerned contradictory to these international legal areas. tools should be announced nulll and void. Participation, Consultation and FPIC Management z Full and effective participation and z Indigenous peoples' representation and representation of the indigenous peoples participation in the Community Forest should be ensured in every agency, level, Users' Groups (CFUGs) should be ensured and sector responsible for the conservation in line with the proportonal and inclusive and management of the natural resources approach. based on FPIC principles. z Recognizing the contributions of the z Compulsory consultation, participation, and indigenous peoples' customary laws, representation of the indigenous peoples' traditional knowledge, skills and practices leading organizations should be ensured. in the sustainable conservation and management of the forests and natural Legal Provision resources, implementation of these indigenous tools should be ensured by z Giving legal recognition to the indigenous including them in the existing laws, acts and people's customary laws and traditional regulations. practices related to the conservation of natural resources, the government should Benefi t Sharing include in and implement these indigenous tools through formal law. z Benefi t Sharing obtained from the natural z The traditional institutions related to the resources should be based on fair and conservation of natural resources should be equitable principle of justice, giving foremost given legal recognition. priority to those indigenous peoples who z Including others policies, regulations, are sidelined and exposed to the risk of laws and provisions, the National Parks extinction. and Wildlife Conservation Act- 2029 and z Sharing of benefi ts obtained from natural Forest Act- 1993 should be immediately resources should be made in line to amended and reformed in line with customary laws and values prevalent in the the internationally important accords, indigenous communities. conventions and declarations such as ILO- z Government budget and fi nancial grants, 169 and UNDRIP. Any articles contradictory donations and other forms of assistances to these international legal tools should be received from the donor agencies should be announced nulll and void. proportionately distributed. z The government, in order to assess and z Indigenous peoples should be given the immediately compensate the indigenous foremost priority to enjoy the employments peoples hit by the introduction of National and other opportunites generated during the Parks and Wildlife Conservation Act- 2029, management and conservation of natural should form a mechanism comprised of their resources. representatives. z Indigenous peoples' traditional skills and Participation Of Private Sector knowledge should be legally ensured and implemented and their intellectual z While involving the private sector in the properties should be given patent rights. conservation and management of natural Likewise, indigenous peoples' traditional resources, the government should, way-of-life should be continued, conserved compulsorily, be abided by the FPIC. and promoted. 40 Gender Equality and proportional representation, indigenous Social Inclusion peoples' and indigenous women's representation must be ensured in the z As per the PRIA (Prestige, Reputation, entire decision-making process related to Identity and Access) principle, gender the conservation and management of the equality and social inclusion must be natural resources. ensured while introducing the Strategic z Principle of gender equality should be Framework on Nature Conservation. ensured in the issues of ownership, control z As per the principle of inclusive and and access of the natural resources.

41 PART 3

Dissemination of Workshop Outcome

The objective of this session was to disseminate customary institutions, practices, knowledge the position paper and handover to the concerned and system for sustainable livelihoods and Government Agencies of Nepal. Hosted by Mr. forest management. The position paper was Dandu Dhokpya Sherpa, General Secretary of to be submitted after a broad interaction and NEFIN, the program was captured by extensive discussion among the representatives of IPs media coverage to make the strategy makers and GoN. Thus the program was conducted to accountable and transparent towards the make the GoN realize the importance of IPs’ full issues of IPs. The chief guests, who included and effective participation and recognizing their NEFIN chair and other guests, were felicitated rightsin forest related strategies. with khadas by Ms. Kamala Thapa Magar, Gender Focal Person of NEFIN CC Partnership Ms. Sherpa further added that the fi rst part was Program, in the seating ceremony. related to the presentation of four forest based related strategies, especially a 10-year ongoing Ms. Roshani Meche, Vice Chair person of NEFIN, review by the experienced government offi cials. formally welcomed the chief guests, guests and It was conducted to introduce and simplify the everyone present in the program. She declared complex strategies to the IPs' representatives. the position paper as an outcome of interactions The second part was practical-based. An from Part 1 and Part 2. Since formulating the extensive group discussion was carried out forest based policies and strategies without to materialize the position papers. Finally, the the concern of IPOs harms both the state and last and the most important part dealt with IPs, this program was organized to remove the the dissemination of the position papers in communication gaps and have an open fl oor the presence of Government representatives, discussion with the IPOs and strategy makers. NGOs, Civil Societies, IPs activists and media There should be a fl uid continuity to contributory representatives. and consultative activities between the state and IPOs for relevant strategies and policies. Mr. Jagat Baram, NEFIN, Treasurer, read out the IPs position paper and requested everyone Ms. Pasang Dolma Sherpa, National to go through all the position papers which were Coordinator, NEFIN Climate Change related with the four strategies, and hence, were Partnership Program, repeated the objectives equally important. As the IPs was the primary of the program and thanked RRI for organizing target of adverse climate change effects, it the program in a joint collaboration. She was indeed essential to address their issues in reiterated that the program was organized to forest based strategies. It was noted that related know the exact process of the forest related offi cials should seriously consider the concerns strategies, and provide timely feedback for of IPs while preparing the strategy. developing forest related strategies, mainly in the strategy of forest, biodiversity, conservation The guest speech began with the President and REDD+, that accommodate IPs issues of the NIWF, Shanti Jirel, who stated that 42 and concerns and that ensures the traditional the GoN,which is currently in the process of formulating the constitution, should not neglect Pasang Sherpa, an ex-chairperson of NEFIN, the issues of IPs involved. The forest related spoke out on several disparities among IPs strategies and policies always have a major and religious fundamentalists based on the impact on the lifestyle of IPs. This position paper context of Pashupatinath temple. He indicated is to make the GoN realize that the IPs have a that in a very short span, the Bagmati River deep interrelation with nature as refl ected on has become cleaner for use. Recently, the chief their lifestyle, livelihood, culture and tradition. secretary displayed this effort by bathing in the river along with some secretaries and offi cials. The President of the NIWF made comparisons He further opined that if an indigenous person to other parts of the world such as Peru, where was a Minister, and tried building a dam at the local IPos have actively taken part in nature Gokarneshwor for drinking purpose, in no time, conservation and protection programs. While in all the Hindus would revolt against this act as Nepal, even the policies related to basic rights the Bagmati river would dry up and their cultural of education, health, etc. are against the favor practices hampered. He claimed that such an of IPs. The contribution of IPs has not gained act would be perceived as a collective effort in full credit nor have they been recognized in trying to preserve their culture. In the same way, the right terms, having been deprived of their the IPs’ list of demands and the position papers basic tenure rights. The GoN should consult only entail their entitlement to basic rights in and take their consent before formulating any order to preserve their cultures and tradition policy or strategy. She concluded that there by involving FPIC in every decision making should be meaningful participation, gender process. However, in the current situation, if the equity and an inclusive representation system. IPs were to attempt a similar stance, they would The strategies should be in accordance with the be deemed as anti-nationalists. Mr. Sherpa international documents like ILO C- 169 and concluded with a request to the classes of other conventions on environmental issues. citizens in higher social and economic positions to consider and have empathy to the plight and The founder and ex-chairperson of NEFIN, situation of many IPs. Dr. Novel Kishor Rai, stated that it was nearly impossible for the GoN to include the issues The former chairperson of NEFIN, Rajkumar of all sectors in the strategy, inclusion of even Lekhi focused on the issues surrounding IPs a smaller portion would be suffi cient to give that were outside of environmental, but include the IPs a positive outlook for the future. Thus, social and political agendas as well. He urged the IPsare always ready to support the state that the IPs not only claim their rights and through meaningful participation. usages to natural resources but conserve and manage it too. He believes the GoN has The executive director of Rights and Resource always misunderstood and misinterpreted the Initiatives, Mr. Arvind Khare stressed that the issues of IPs. Besides the usage of natural Rights and Resources Initiative supports the resources, IPs mainly want to preserve their local communities to claim fi rst priority on the culture and traditions. Their existence solely access to natural resources. Access to natural depends on the existence of natural resources. resources is an element of human rights and However the state representatives misinterpret is not granted by any state or person because their demands by claiming only their rights and it is inherent. Without the consultation of IPs, neglecting others. Mr. Tharu feels that the GoN a contract cannot be called a social cause. is not only misinterpreting the demands of IPs Hence the IPs and local communities should be towards natural resources, but also posing consulted before the use of natural resources. a threat on their natural existence. An event Without FPIC, a state can't achieve its target of he recounted was that recently the GoN had social welfare. Moreover, the natural resources signed a document without their consensus. It will deplete geometrically. The issues classifi es Tharu communities as Madhesis and surrounding the IPs are not just environmental, has provisions accordingly. The Tharus do live in but social and political as well. Mr Khare said the Madhes area but belong to the Mongol race that it is important to remember that one’s own whereas the Madhesis generally belong to the rights are never ensured unless one fi ghts for Aryan race. The former chairperson concluded the rights of others. that people seek to preserve their identity and 43 culture, so without repeating history, the position around 5 to 6 million from the developed nations papers must be considered seriously and not after 2015, for reducing the emissions from 2015- dismissed or overlooked repetitively. 2020. Similarly, the community based resource model was implemented successfully. Though Former Caucas Chair and IP activist, Indra problems do keep arising on various issues, Bahadur Gurung stated that the GoN would they should be accepted as a challenge and accept all the proposals and not implement a faced by all the sectors collectively with full co- single one. He expressed concern on whether operation and contribution. The problems could it wanted to formulate a forest conservation be solved through good governance, for which strategy or forest destruction strategy. He transparency, accountability and integrity are a stated that it was the authorities working for the must. Strategy in itself is not a complete form; forest, and not the public, that was responsible it must be guided by a solid policy guideline. It for the destruction of the forest. As not a single doesn't matter whether a compilation of paper is policy is found to be implemented by the GoN termed as a recommendation or position paper, completely, there is no assurance that the IPs but its serious consideration in the strategy position paper would be considered. However, making process does matter a lot. it is necessary to address the issues of IPs in the relevant strategies. Gurung believes that Mr. Nagendra Kumar Kumal concluded the the IPs want ethnical harmony, unity, peace and event with closing remarks on the movement an equitable fair society. But some people often of IPs for identity, identity for rights, rights for are misinterpreted and branded as provoking equality and equality for inclusion. He said that social confl ict issues. He states that IPs don't the IPs have tolerated injustice many times yet want confl ict and violence, they just want to end they are persistentin their movement. They the injustice. will continue struggling until their last breath. Their interaction for dialogue and consultation The present chairperson of NEFIN, Mr. has been going on for a long time. IPs have Nagendra Kumar Kumal affi rmed that the been protecting forests for their livelihoods main objective of the position paperswas to and existence. Therefore, participation of IPs convey a message that policies and law without in every policy, program and strategy would participation, consultation and representation defi nitely benefi t and help the state to fl ourish cannot remain stable. Without a stable rule by contributing the overall development of the of law, a state could never develop. IPs have nation and also by establishing peace and seriously contemplated on this matter, and want justice. Finally, acknowledgment was awarded the policies and strategies to be formulated to the guests for their participation, and to the according to this message. media and civil society in making the program successful. Finally the position paper was submitted to Dr. Ganesh Raj Joshi, Secretary, Ministy of Media Coverage Forest and Soil Conservation (MoFSC) by the chairperson of NEFIN, Mr. Nagendra Kumar Realizing the crucial role of the media in raising Kumal. Altogether 103 people, including all the awareness and disseminating information at all participants involved in the preparation of the levels, one of the major aims of the workshop position paper and those supportive of the IPs was to widely disseminate and circulate position in forest related strategies and policies, workshop outcomes through different forms of signed the position papers. mass media (Annex 4). In total, 40 journalists attended the last day of the workshop and In the concluding remarks, the secretary of the outcome, specifi cally IPs’ stand on forest MoFSC, Dr. Ganesh Raj Joshi stated that there related policies and strategies, was extensively are positive and negative aspects everywhere. covered. The media not only reported on the Similarly, every sector has some strengths and workshop event but largely provided specifi c weaknesses. Recently Nepal succeeded in feature articles on newspapers and online news getting an ERPIN (Emission Reduction Project) portals, and reports on TV and radios (annex ideal note. It became possible due to the 3). Similarly, NEFIN dedicated its regular 44 effortless and inclusive team work. Nepal will get monthly newsletter of April exclusively to the event and outcomes of the workshop for wider program and 6 community radios supported by dissemination. The outcome of the workshop Federation of Nepalese Indigenous Journalists will also be shared among IPOs on 15 July, (FONIJ) broadcasted the workshop events and 2014 for their information and further feedback outcomes. Special report on workshop event for future initiatives on behalf of IPs. and IPs issues were also covered by other net work of radios that were broadcasted throughout The following three forms of media was the country. (Annex 4) distinctly utilized to 1) validate the signifi cance and seriousness of the IPs’ clear take on forest 2. Television related strategies through the 4 position papers on Forest Sector Strategy, National biodiversity In order to showcase different features of the strategy and action plan, National REDD workshop and create narratives on the workshop strategy, and National strategic framework content, 11 different local and national TV for nature conservation, and 2) communicate channels broadly covered workshop events and and reach wider population including IPs results. Interviews were conducted during and and other concerned stakeholders including after the workshop with relevant participants the government agencies and civil society including key stakeholders and staffs to organizations at both community and national establish key priority messages and themes that levels on issues relating to IPs and their rights. were broadcasted in both narrative form and in an interview form (Annex 4 for hyperlinks). 1.Community Radio 3. Print Media With almost 80% of Nepali people living in rural areas, their access to print and electronic For a more in depth and earnest analysis of media is very limited. Therefore, community the workshop content and to support ethical radio is considered a vital medium to reach journalism in writing IPs issues and concerns rural population including IPs living in remote on their rights in forest related strategies, 12 and rural areas. NEFIN climate change journalists from different national and local daily program has been using community radio as and weekly newspapers were encouraged to a catalyst in communicating climate change cover different aspects of the workshop. Some and REDD and IPs issues to reach grassroots of the features and articles on the papers level IPs, local communities and concerned have gone beyond reporting the content to stakeholders including government agencies. signifi cantly examining IPs issues at large and For this workshop, 23 community radio weekly relating it to the outcomes of the workshop programs supported by NEFIN climate change (Annex 4 hyperlink, Annex 5).

45 Annex 1:Program Schedule

Nepal Federation of Indigenous Nationalities (NEFIN) Climate Change Partnership Program Consultation and Dialogue of Indigenous Peoples on Forest Related Policies and Strategies April 16-18, 2014 Hotel Annapurna

Schedule: Day I (April 16, 2014)

8:00-9:00 Breakfast and Registration 9:00-10:00 Welcome Remarks, Ms. Roshani Meche, Vice Chair, NEFIN Introduction of the participants Objective of program, Ms. Pasang Dolma Sherpa, National Coordinator, CC Partnership Program Opening remarks, Mr. Nagendra Kumar Kumal, Chairperson, NEFIN 10:00-11:45 Presentation on Forest Sector Strategy and Discussion, Dr. Keshav Kanel, Consultant, Team Leader 11:45-12:00 Tea/Coffee 12:00-13:00 Presentation on REDD strategy & discussion, Mr. Resham Dangi, Chief REDD Cell, MoFSC 13:00-14:00 Lunch 14:00-15:15 Presentation on National Biodiversity Strategy and Action Plan, Mr. Braj Kishor Yadav, National Focal Point CBD, MoFSC & discussion 15:15-15:30 Tea/Coffee 15:30-17:00 Presentation on conservation strategy & discussion, Dr. Yam Malla, IUCN 17:00 End of day I

46 Schedule: Day II (April 17, 2014)

8:00-9:00 Breakfast and Registration 9:00-11:00 Refl ection of day I Group division for thematic discussion (4) Group work 11:00-11:15 Tea/ Coffee 11:15-13:00 Group presentation (4) 13:00-14:00 Lunch 14:00-16:00 Compilation of recommendations 16:00-16:15 Tea/Coffee 16:15-17:00 Presentation and discussion of recommendations on forest related strategies 17:00 End of day II

Schedule: Day III (April 18, 2014)

9:00-9:45 Breakfast and Registration 10:00-12:00 Chairing • NEFIN Chair • Chief Guest • Guests Welcome remarks, Roshni Meche, Vice Chair, NEFIN Refl ection of the program, Pasang Dolma Sherpa Submission of recommendations on "Forest Related Policies and Strategies", Nagendra Kumar Kumal, Chair, NEFIN Remarks: • RRI • NIWF • MoSTE • MoFSC • NEFDIN • Guests • Chief guest

Closing remarks, Nagendra Kumar Kumal, Chair, NEFIN

47 Annex 2:Participants List

S.No Name Organization Designation C. No. Email ID 1 Man Prasad Sunuwar Sunuwar Sewa Samaj Chairman 9851079933 [email protected]

2 Kedar Dhimal Dhimal Jati Bikash Kendra General Secretary 9841603698 [email protected]

3 Yashoda Rai Kirat Rai Yayokkha Chairman 9841509213

4 Mahendra Thapa Magar Nepal Magar Sangh Chairman 9846073708 [email protected]

5 Dhan Bahadur Majhi Majhi Uthan Sangh Advisor 9841667541

6 Chandra Bahadur Baram Nepal Baram Sangh Chairman 9841509390

7 Lukhi Ram Hasda Santhal Adhibashi Uthan Chairman 9807080597

8 Sunita Mandal Nepal Dhanuk Samaj Secretary 9803756151

9 Kumar Tamang Blon Nepal Tamang Ghedung Sangh General Secretary 9841266209 [email protected]

10 Tashi Sangmo Gurungseni Barahgaun Samaj Acting Chairman 9851100754 [email protected]

11 Jitendra Chepang Nepal Chepang Sangh Chairman 9851048591

12 Sakuntala Lepcha Rong Sejum Thi Member 9841451702

13 Buddha Gharti Bhujel Bhujel Samaj Sewa Sangh General Secretary 9841505555 [email protected]

14 Nima Lama Siyar Samaj Kallyan kendra Chairman 9841205387

15 Gokul Prasad Dura Dura Sewa Samaj Vice Chair 9849092603 [email protected]

16 Lhakpa Thinle Sherpa Nepal Sherpa Sangh Vice Chair 9851026974

17 Resham Gurung Tamu Hyula Chairman 9841294580 [email protected]

18 Ganga Ram Tajpuriya Tajpuriya Samaj Kallyan Parishad Chairman 9807967111

19 Shanta Kumar Pahari Nepal Pahari Bikash Sangh General Secretary 9851090477 [email protected]

20 Jigme Lama Mugal Janajati Bikash Chairman 9841203368 [email protected]

21 Mingma Kami Sherpa Tokpegola sew samaj Chairman 9851127636 [email protected]

22 Yagya Prasad Thakali Thakali sewa samaj General Member 9851123179 [email protected]

23 Amit Meche Meche Sibiyari Afat Member 9804916852 [email protected]

24 Lhakpa Nuri Sherpa LOWA Member 9813666551 [email protected]

25 Dhundup Gurung LOWA Member 9813666551

26 Rup Narayan Singh Danuwar Danuwar Jagaran Samiti Chairman 9814888420

27 Badri Kushbadiya Kuchbadiya Uthan Sangh Chairman 9803776327

28 Raju Kushbadiya Kuchbadiya Uthan Sangh Member 9815414812

29 Bibek Sunuwar Sunuwar Sewa Samaj Secretary 9849052599 [email protected]

30 Bishnu Singak Limbu Kirat Yakthung Chumlung Member 9813357857 [email protected]

31 Amir Moktan Nepal Tamang Ghedung Sangh 9841470525 [email protected] 48 32 Gyalpo Dolpo Dolpo Janajati bikash kendra 9803217200 [email protected] 33 Om Gurung Gurung Rastriya Parisad 9841308362 [email protected]

34 Chij Gurung Gurung Rastriya Parisad 9841602466 [email protected]

35 Dhan Bahadur Kusunda Nepal Kusunda Bikash Sangh Chairman 9841863057 [email protected]

36 Sanjib Kumar Urab Nepal Jhagad Sangh General Secretary 9819320817

37 Suresh Prasad Singh Gangai Nepal Gangai Sangh General Secretary 9804353162

38 Chandra Kumar Chaudhary Tharu Kallyankari Sangh Chairman 9842434847

39 Sonam Yakkha Kirat Yakkha Chumma Secretary 9813828050 [email protected]

40 Chamkati Budhathoki Byasi Sauka Samaj Member 9749507990

41 Norbu Ghale Dolpo Dolpo Janajati bikash kendra Chairman 9851139012 [email protected]

42 Tirtha Bahadur Surel Surel Uthan Samaj Chairman 049-91115

43 Chhawa Girmi Hyolmo Hyolmo Samaj Sangh Chairman 9841273374

44 Karchung Hyolmu Hyolmo Samaj Sangh District Level 980811686

45 Naresh Tamrakar Newa Deya Dabu Chairman 9841513577 [email protected]

46 Dhan Bahadur Hayou Hayou Gukhata Sangh Chairman 9744023149

47 Bagh Bir Mukhiya (Kumal) Kumal Samaj Sudhar Samiti Member 9851115821 [email protected]

48 Pramod Kumar Rajbanshi Rajbanshi Samaj Samiti Member 9851188086 [email protected]

49 Phurbi Sherpa Sherpa Sangh Member

50 Kinjo Omu Hyolmo Nepal Hyolmu Mahila Sangh General Secretary 9841735146 [email protected]

51 Yan Kumari Gurung IWWYN Program Offi cer 9841291245 [email protected]

52 Pralhad Thapa IUCN Consultant 9851105441 [email protected]

53 Binod Bhatta FSS Team Consultant 9851083302 [email protected]

54 Nirmala Singh Bhandari REDD Cell AFO 9846137583 [email protected]

55 Navin Rai LEAD Nepal Chairman 9860001548 [email protected]

56 Bijondra Banjyat NARMa - 9851066732 [email protected]

57 Sony Baral IUCN - 9841469818 [email protected]

58 Reesha Shrestha NGO-FONIN Member 9841517602 [email protected]

59 Rukh Gurung ILO - 9851128371 [email protected]

60 Tara Devi Rai ILO - 9849664695 [email protected]

61 Dr. Dhruba Acharya FS Strategy Team Team Member 9851068544 [email protected]

62 Dambar Tembe Freedom Consultant 9851096747 [email protected]

63 Amrit Yonjan Tamang - Linguistic 9851082503 [email protected]

64 Pro. Dr. Nobel kishor Rai - Professor 01-5523080 [email protected]

65 Shanti Jirel NIWF Chairman 9841550080 [email protected]

66 Braj Kishor Yadav MoFSC Joint Secretary 9851109653 [email protected]

67 H.B. Kham WA/AIPP National Program Coordinator 9857820679 [email protected]

68 Rekha Ghale ILO - 9849285659 [email protected]

69 Ang Kaji Sherpa SAN Member 9851048184 [email protected]

70 Keshav Kanel - Team Leader Strategy 9851078314 [email protected]

71 Rajendra Khanal IUCN Program Coordinator 9851029313 [email protected]

72 Yam Malla IUCN Country Representative 9851136373 [email protected]

73 JB Thapa Desine MD 9851076723 [email protected]

74 Jyoti Danuwar - - 9841431401 [email protected]

75 Anshu Gurung ILO National Program Coordinator 9851174532 [email protected]

76 Buddha Lama NEFIN DCC Makawanpur Advisor 9845029220 - 77 Prem Dhoj Thapa NEFIN DCC Gorkha Secretary 9846056052 [email protected] 49 78 Dal Bahadur Gharti Magar NEFIN DCC Kailali - 9848437679 [email protected]

79 Tej Tarami Magar NEFIN DCC Kailali Chairman 9848420103/ [email protected]

80 Kiran Sunuwar NEFIN DCC Ilam Advisor 9842636021 [email protected]

81 Kishor Angdembe NEFIN DCC Jhapa Member 9852673050 [email protected]

82 Kumar Thapa Magar NEFIN DCC Kaski Member 9846046638 [email protected]

83 Khim Ghale E-kantipur - 9841068994 [email protected]

84 Phurba Lama Hyolmo NEFIN DCC Sindhupalchok Member 9818183958 [email protected]

85 Kiran Baram NEFIN CC PP Resource Person 9851026411 [email protected]

86 Nagendra Kumar Kumal NEFIN Chairman 9841244184

87 Roshne Meche NEFIN Vice Chair 9842719060 [email protected]

88 Dandu Dhokpya NEFIN Vice Chair 9851014979 nefi [email protected]

89 Dhwoni Urab NEFIN Secretary 9842042858

90 Jagat Bahadur Baram NEFIN Treasure 01-5001754

91 Ram Avatar Mandal NEFIN Vice Chair 9849035247

92 Nar Bahadur Gurung NINSF Chairman 9841636127 [email protected]

93 Pasang Dolma Sherpa NEFIN CC PP National Coordinator 9851101564 [email protected]

94 Nava Raj Lama NEFIN CC PP Admin/ Finance Offi cer 9851065600 navanefi [email protected]

95 Tunga Bhadra Rai NEFIN CC PP Program Offi cer 9851069718 [email protected]

96 Kamala Thapa Magar NEFIN CC PP CCMIN/Gender Offi cer 9841332288

97 Som Bahadur Dhimal NEFIN CC PP Project Offi cer 9841315706 [email protected]

98 Ashok Pariyar NEFIN CC PP Finance Assistant 9851175752 [email protected]

99 Dawa Tenji Yolmu NEFIN CC PP Field Offi cer 9849147190 [email protected]

100 Mangena Subba NEFIN CC PP Offi ce Supporter 9843302317

101 Jiv Raj Ghale NEFIN CC PP Local Coordinator 9846089740

102 Sara Subba NEFIN CC PP Gender 9851043752 [email protected]

103 Gauri Gurung Student Volunteer 9841003774 [email protected]

104 Ram Sherpa Sherpa Student Forum Volunteer 9841667804

105 Monalisha Dhimal Student Volunteer

106 Parshuram Tamang SGSP Chairman 9851064779 [email protected]

107 Raj Kumar Lekhy NEFIN Advisor 9841437400 [email protected]

108 Bishnu Bahadur Thokar HURRMPEG Secretary 9851007684 [email protected]

109 Renuka Kaucha IMYN Secretary 9851140879 [email protected]

110 Dr.Pasang Sherpa NEFIN CC PP Researcher 9841289483 [email protected]

111 Suresh Ale Magar CPN-Maoist CC Member 9841525845 [email protected]

112 Pasang Sherpa SDP - 9851085574 [email protected]

113 Menon Raj Rajbhandari Him Shikhar TV Cameraman 9851010020 [email protected]

114 Rajani Tamang Radio Kantipur Journalist 9851137265 [email protected]

115 Mukta Singh Lama TV Journalist 9851044335 [email protected]

116 Sher Bahadur Bhujel Kalinchok FM, Dolakha News Reporter 9844061038 [email protected]

117 Mohan Singh Lama FONIJ IPP 98510-70344 [email protected]

118 Chandrakanta Pandit NEFEJ Reporter 9841-476455 [email protected]

119 Amar Deel Shrestha NEFEJ Camera 9849-359084 [email protected]

120 Laxman Dongol Image TV cameraman 9841-203835

121 Nabin Shrestha Image TV Reporter 9841-401414 50 122 Roshan Shrestha Rajdhani Daily sub-editor 98510-70830 [email protected] 123 Danda Gurung FONIJ Chair 9737004009 [email protected]

124 Milan Limbu FONIJ Management [email protected]

125 JP Shrestha ABC TV 9841-417200 [email protected]

126 Sagar KC "

127 Akkal Kunwar STV Reporter 9849-051104 [email protected]

128 Ram Chitrakar STV Camera 9813-365178 [email protected]

129 Mangal Lama Nepal 1 TV Reporter 98032-64531 [email protected]

130 YB Gurung tapaikoawaaz.com Reporter 98475-46750 [email protected]

131 Suman Gurung 9843-385578 [email protected]

132 Rajani Tamang Radio Kantipur Journalist 98510037265 [email protected]

133 Bhim Pandey misakra prabidni Journalist 9849-788638 [email protected]

134 Prem Rana ANTV Journalist 9841-672716 [email protected]

135 Shanti Tamang Radio Sagarmatha Journalist 98431-44459 [email protected]

136 Ramgobal Yadav 9741-190279

137 Indra Acharya ABC TV 9849-655274

138 Tikaram Tamang Radio Maitri Reporter 9841-150497 [email protected]

139 Kasita Alvin NTV 9841-567444

140 Rakesh Singh Nepal 1 TV 9841-825641 [email protected]

141 Mohan Bastola 9841-885675 [email protected]

142 Prakash Khaling Shikhar Post Editor 98511-42205 [email protected]

143 Dewan Rai Kathmandu Post Sub-editor 98510-10200 [email protected]

144 Arjun Prasad Mainali Radio Mukteshwor FM 9841-918476 [email protected]

145 Ganesh Rai Kantipur Daily Reporter 9841-256488 [email protected]

146 Ganeshman Gurung STV Editor 9841-831618 [email protected]

147 Prashanta Pradhan STV Camera person

148 Laxman Paudel Prakhapan Reporter 98451-33871 [email protected]

149 Shyamhari Shivabhakti Nawajyoti FM Journalist 9849-340049 [email protected]

150 Ridam Paudel Radio Kantipur Journalist 9849-639447 [email protected]

151 Gajur Rai NTV Reporter 98570-01731 [email protected]

152 Dev K. Rai Nepalipatra Reporter 98437-00391

153 Bishal Rai Bishalchautari.com Reporter 98435-39816 [email protected]

154 Madan Chaudhary Nagarik Daily Reporter 9841-567487 [email protected]

155 Tek Raj Thami Naya Patrika Reporter 9741-132830 [email protected]

156 Aswasthama Kharel Dibya Chakshu Weekly Editor 9841-390259 [email protected]

51 Annex 3: Detail discussion on the forest related strategies Question answer discussion what provisions have been made for the Sherpa on Forest Strategy community. Any strategy or policy ignoring our issues won't be accepted by our community. Kiran Sunuwar, former chairperson of NEFIN District Coordination Council (DCC), Illam Baghbir Mukhiya From an external viewpoint, confl ict is generally There is diversity in Nepal from Himal to terai. The termed as a situation arising due to the difference source of river Bagmati is drying. There should between a state and community based issues. be programs like timber based plantation, soil We IPs have raised and are continuously raising and water conservation plantation, etc. Among many substantive issues since 3-4 years. I the IPs too, only the healthy and wealthy are would like to know how they are addressed in included in the consultation process. It would be your strategy. Also, I would like to remind that great if we could increase timber production upto IPs' issues are not artifi cial. They are in fact, 1.2 million. The process of youth migrating to related to the basic human rights and thus, the Gulf countries like Qatar, Dubai for employment state is mandated to address their issues. must be stopped. The representation of the IPs should be on a proportional basis. There must Ang Kaji Sherpa be an inclusive participation in all the decision Former General Secretary of NEFIN making process. At present, the policy of forest ministry differs from that of NEFIN REDD Climate Change Norbhu Ghale Dolpo Program. I would like to know what is their Former vice chairperson of NEFIN core meeting point and how are they balanced In the past, customary laws and local practices in the major strategy? Also, you discussed to used to conserve the nature more effectively include various sectors, policies and groups in and effi ciently than the present conservation it but how? NEFIN has a divisional organization laws and provisions. Today, the resources are structure, each dealing with specialized IPs' being exploited in the name of conservation, issue. I request to address all those IPs especially by the internal sources. Illegal issues in your strategy. An imaginary or vague activities are being carried out in the presence strategy wouldn't work. Our traditional activities of offi cials. The protector himself is becoming like animal husbandry are diminishing. Your the destructor. Today's policies do not prioritize strategies, in the name of forest conservation, customary laws and are also unclear. There is are affecting our livelihood. Thus group neither FPIC in any decision making process, discussion and FPIC at the local level are nor the strategies are in accordance to the essential. Even forest consumer committees, international laws like ILO 169. I can say that there established under local forest strategy, are led is not even FPIC's F in the strategy formulation by the brahmins and chhetris. There should be process. The locals are denied from access an inclusive forest strategy. The targeted group to information about the strategy. There is no should be addressed specifi cally. The strategy transparency in any activity. The conservation laws are too complex and ineffective. There are 52 must identify and address the issues of all communities. Individually, I would like to know no people-centric provisions. The laws have to be revised and proportional, inclusive policies supervision. should be included. The strategy presented here only discussed about the gender and Parsu Ram Tamang social issues, but didn't mention any specifi c Fomer Chair of UN Permanent Forum on IPs provisions. It must be inclusive according to Issues proportional representation of the population. The presentation stated that the forests users group is successful but how? It seems Prahlad Thapa contradictory to the policy. It is not defi ned National Planning Commission exactly. The words are not used properly. You The strategy presented here didn't mention must be careful in the selection of words. The the topics on accountability and transparency word sustainable should have been used. Also, clearly. While implementing the strategy, co- in the data presented, the base of the declining ordination by the upper level is necessary. The income is not clear. Is it on the basis of GDP or strategy didn't mention which level will supervise something else? and co-ordinate. Also, it is silent on the matter of The environmental agenda has emerged accountability. internationally after the Earth Summit in 1992. Since then various policies have been Sarah Subba formulated through conventions and treaties. It's NEFIN CC Partnership Program, Gender Unit appreciable that you have addressed them too The strategy mentioned GESI as a cross- but while identifying the target group, you should cutting issue. It would be better to identify it as bring all of them together. You must identify the a mainstreaming issue and include it in all the multi-stakeholders exactly and divide their role levels of strategy formulation process. accordingly. If not so, the question of dividend sharing will remain unanswered. Issues like which Dr. Novel Kishor Rai sector should contribute where? and what would I don't know how the working offi cials would be the role of government and stakeholders, have presented the strategy but I am still happy including the concept of building conservation that it is explained at least by the retired offi cers. areas as per the international standards and I am a common farmer and for me, an effective maintaining 40% forests ratio in it, should also be policy does matter a lot. There is nothing except considered. You mentioned that the role of human the pine and eucalyptus trees at our place. force should be increased at some sector and Oak would be suitable here. Recently, I didn't decreased at some, which is quite contradictory. support the movement led by the hindus to stop It would be better if we focused more on human cremation activities in Pashupati, Aryaghat for rights approach to development. reducing the use of woods, as we were not involved in it. We IPs use forests resources Kiran Baram as our source of livelihood. Thus we worship Gorkha them in the form of God and conserve them The projects conducting at each and every for our sustainability. Our lives are interrelated community level, even if it is a small one, should with forests. We are conserving forests and include broad discussions. IPs have tremendous bio-diversity and also minimizing the effects of skills and knowledge but there is not a single climate change. There is a division of roles for policy utilizing it. For instance, we have the forester and ranger in Germany. But in Nepal, knowledge of growing chiraito but there is no a forester is promoted as a ranger. This results policy to utilize it. If the chiraito production were in a weak supervision and ineffective policy developed as an industry, our economy would implementation. The higher we walk from have been stronger. Mahakali, the colder the weather becomes. At least trees like pine should be planted there to Dal Bahadur Ghartimagar balance the weather. We, the people of Rasuwa Kailali want herbs and vegetation like mushroom, A distinct model should be developed for chiraito, etc. to be grown there. For this, we lack the upper and lower level community. The resources, which is an essential requirement. inequalities must be eliminated. The mountain Rather than organizing programs in the hotels, peoples have special knowledge on the expertise should be sent to the fi eld for direct conservation of nature but the terai people 53 don't. Such inequalities should be addressed management techniques in the terai such as and incorporated in the strategy. managing the forests around 3 km area under the leadership of REDD and with the participation Kedar Dhimal of local communities. But other topics like how Morang to include those who are residing there for years It would be better if FPIC were done at the are not mentioned. The agriculture occupation community levels. There is a spiritual relationship is hampered in the name of forest conservation. between the IPs and forests. Their rights should Water resources have become scarce in front be protected as they do not harm the forests. of our eyes. Who will compensate for this? The Knowledgeable and experienced personalities state should take a solid action and decision. like you should be specifi c while addressing our The representation should be done on the basis issues. You have not mentioned the provisions of participation and population. for IPs under ILO 169. The master plan has already expired in 2011. Increasing timber Pasang Dolma Sherpa production was its milestone. But why are the National Coordinator, CC Partnership Program woods so expensive? Most of the state laws, The IPs have been conserving the natural though, termed illegal, are legal for the IPs. How resources in their own way in many mountainous will you mention this in your strategy? What is and terai regions. They follow their own the balancing point and where and how will you traditional and customary forests management link it in your strategy? techniques, which have been quite effective. So I would like to request not to interrupt these Suresh Singh Gangai practices by your adverse strategic provisions. Morang Your strategy does not cover the issues of eastern Responses from the presenters terai IPs. Their access to community forests should be mentioned. It should clearly mention Dr. Kanel how the local people would be included there. On the topic of IPs and ILO, the GoN itself has signed the agreement, so there is no Nagendra Kumar Kumal doubt in its implementation. It's not necessary Chairperson of NEFIN to mention the same things, both in the We IPs have our own culture, customs and constitution and strategy. Thus we have tried traditions. But the state laws are neglecting to make the strategy concise and clear. The our identities. Many IPs and their culture are details would later be included in the form of in the state of extinction. For example, Rautes guideline policy. There are two things about the never wear clothes given by other. But now, proportional representation: First, the IPs and they not only wear clothes given by other, but second, the vulnerable among the IPs. It's good also bedeck themselves in modern style. The that the issues like benefi t sharing, resource government policies are challenging our culture management and representation have been and traditions. Nowadays Chepangs cannot raised.Though we are Brahmins, we did not go afford to give chiuri tree as dowry due to various asking for opportunities. We are representing state laws and policies. Traditional occupations due to our capabilities. We agree that the as a source of livelihood are disappearing. IPs IPs rights should be ascertained. The tenure are becoming increasingly poor. The policies rights must be protected. Though the strategy and strategy should be acceptable by all and did not mention the provision of proportional should be derived from community based representation, we have been following it in issues. practice.Finally, we will consider your queries and suggestions as the inputs of our strategy. Rup Narayan Singh The coercive provisions, commitments and Dr. Acharya agreements of ILO 169 should be incorporated How detail and broad should a forest strategy be in the strategy. Though the subject of is really a challenging task. We do agree that a compensation and inclusion are mentioned forest strategy must address all the issues in an in the strategy, it does not seem to be in the equal manner.The issues of GESI will defi nitely 54 favor of terai. You have mentioned about forest be mainstreamed. Cross-cutting is just a special provision to achieve the mainstreaming.As for the names of those institutions? You also stated the issue of proportional representation, we that multi-stakeholders would be included in the have maintained the best possible proportion. project but it has not happened in reality. Why? We can't make any changes in it. They are good enough. For further changes, the related groups Ang Kaji Sherpa should consult among themselves. Former General Secretary of NEFIN The National REDD strategy should be defi ned Confl ict is in itself contradictory. We want to according to the actual population of the nation. increase the timber production and make it As per the latest population data, there are cheaper. But on the other side, you might have 51.5% female and 37.2% IPs in Nepal. They heard that recently there has been an illegal should be a part of your strategy. There should trade of timber in Dadeldhura. All the trees be a proportionate representation of himal, were cut down in a large scale. As a result, the pahad and terai. Why did the organizations local communities and civil societies opposed like ICIMOD and ICFC act as brokers for World against it. This made the GoN to immediately Bank? You said that millions of dollars were form an act against timber cutting which made spend in Chitawan, Dolakha and Gorkha. Where the prices of wood increase. We too are against and how were it spent? The budget allocated such random laws and acts that make the long- for IPs should be spent for them, and not for term strategy a failure. other purpose. The budget-fund distribution model should be transparent. We don't want the We are trying to balance the strategy with all the models of Chitawan, Dolakha and Gorkha. The international and national laws and documents. strategy has adversely affected IPs' lifestyle in We have considered the IPs, local and community the name of forests conservation. SESA only based issues as well. We will consider your valuable highlights the social and economic vulnerables. suggestions in the on-going strategy formulation. We Why is SESA necessary in REDD+? have introduced collaborative forests management, community based forestry management and public Shanti Jirel use forestry management concepts for terai region. President, NIWF We planted pines in the naked places as a primary As mentioned in the strategy, how can a fair initiative. Now the next step is to plant trees like oak and equitable policy be formulated? Why is it and chilaune.We have managed and conserved necessary? The strategy should address those the forests scientifi cally. Yes, we planted eucalyptus peoples, whose customary laws and practices in some places as they grew rapidly, which was a have been hampered due to the unsuitable necessity too at that moment. state laws and policies. There should be specifi c provisions for those who have conserved Dr. Binod Bhatta the forests since a long time, rather than the The issues of terai were raised from a long time. vulnerable and marginalized groups. How to As we delayed to understand this, policies were provide justice to the affected groups and revise formulated lately. We are learning, experimenting the adversary policies in their favor is a matter and progressing with time. You should possess of concern. The fourteen-point agreement a strong bargaining capacity for conserving the done between the state and IPOs should not forests. We should convince the developed be considered as a solution. We want FPIC in countries to compensate for the losses. For this, every decision level. Among the women, dalits we should co-operate and work together. The and IPs, women from indigenous communities leasing procedure should be simplifi ed and its should be given more priority. There should be practice should be promoted in the communities. an inclusive and equitable society.

Question- Answer, discussion Kiran Sunuwar on National REDD strategy Former chairperson of NEFIN DDC, Ilam The vulnerable should have an easy access to Norbhu Ghale Dolp Information Communication Technology (ICT). Former vice chair person of NEFIN People in many remote areas are ignorant You mentioned that six institutions were asked about the state provisions. They don't have to submit the proposal. Could you please tell access towards the national daily newspapers 55 or other communication mediums. This keeps concept of community has not been developed them away from the right to information. Thus, quite satisfactorily at the local levels. there should be FPIC to develop information technology. Similarly FPIC is necessary before Norbhu Ghale Dolpo carrying out consultations, discussions and IPs issues have been neglected in the guiding suggestions. The development and utilisation of factors and issues. ICT is important. Strategy should include all the related groups. Important information should be Dr. Mukta Singh Lama published in the daily newspapers like Kantipur, The contribution provided by the IPs in Gorkhapatra, etc. Besides publishing, people nature conservation should be mentioned in should have an easy access towards those the strategy. The IPs have many skills and newspapers. knowledge. Is there any provision to protect their intellectual rights in the strategy? Response from the presenter Jitendra Chepang Ms. Nirmala Singh Bhandari The places where IPs dwell are rich in bio In response to the question that why WB diversity. They have been contributing in the chose six organizations by publishing a bidding preservation of bio diversity due to their cultural notice, I would like to inform that it was the and spiritual bond with the forests and natural process of WB. While going through the resources. Unfortunately, those places are procurement process, WB found six out of 12- being registered in the name of big industries 13 organizations fulfi lling the necessary criteria and businessmen. The IPs have been more as per the guidelines. They were selected affected by this. For instance, the industries through consultations with various stakeholders established in Hetauda, Nawalparasi, etc. have under Quality and Cost based analysis. The affected the lifestyle of local Chepangs. stakeholders consisted of various lawyers, intellectuals and related committee. Sarah Subba There has been a drastic change in Nepal since The indicators mentioned in the strategy do not the submission of the concept of REDD in 2010. refl ect gender based issues. The international Most of the emerging issues have not been Bio-diversity partnership forum indicators have addressed. We could not revise it, but now we been recommending those issues since years. are committed to do so. The concept of SESA It should be considered as a basis for effective was introduced during 2012-2013 to implement implementation of the strategy. Nepal’s indicators REDD+ more effectively. have addressed the issues just roughly. It should At present ICT is only in the central level. After be more specifi c and detailed. the expansion of REDD+, ICT will be used in the district level too. Nagendra Kumar Kumal Our issue is related for participation, which is Question Answer discussion not addressed specifi cally. You linked us with on National Biodiversity NGOs and INGOs. It does not represent us. Strategy and Action Plan We are distinct from them. Our federation is formally registered and identifi ed as a separate Kiran Baram entity by the GoN. Thus you should also include While addressing the emerging issues; the separate provisions for us. We should not be cultural issues, norms and values of the IPs included in the consultation process under the have not been mentioned. In the starting part, name of NGOs and INGOs. the IPs issues were mentioned but the latter part did not mention anything. Also, FECOFUN Khim Ghale has been prioritized in place of NEFIN. Does the strategy discuss the roles and contributions of the IPs in bio diversity Kiran Sunuwar conservation? While formulating the strategy, The issues of IPs were raised in section 8, are the issues of IPs' incorporated in it? Convention on Bio Diversity (CBD). Thus there 56 should be an offi cial representative of IPs. The Response from the presenter other international documents have already stated about the participation of IPs. Hence the Mr. Braj Kishore Yadav strategy formulated in Nepal should focus on About NEFIN membership: Though the IPs rights and issues as well. the strategy did not mention about NEFIN specifi cally, it has described about NGOs and Tej Tarami Magar INGOs. Hence NEFIN can enter as a member President, NEFIN, Kailali through them. The groups represented by There is unbalanced and unequal structure NEFIN are also addressed by the NFDIN. everywhere. Those who should have the lead However if NEFIN wants a separate identity, we are excluded and the one who never farmed may consider it in the coming days. or toiled hard, are leading. There is no proper About cultural rights: This strategy is act regarding carbon trade. This has excluded about National Bio Diversity. Thus it focuses more the real group from taking benefi ts of dividend on plants and animals species. It is not directly sharing and other provisions. related to human culture. We did include cultural and language issues in the strategy but there was Norbhu Ghale Dolpo a controversy on who would take the leadership. The strategy sounds like it’s made by the ruled, As National Bio diversity Strategy (NBS) and not the rulers which is good. The word IPOs National Bio diversity Strategy Implementation should be mention in place of IPs. Also, I would Plan (NBSIP) was approved by MoFSC, we like to know the full form of IUCN? could not get help from fi nance ministry and other relevant ministries to support cultural issues. The Baghbir Mukhiya Kumal cultural issues may be considered under the Kumal Samaj Mnistry of Tourism Culture and Aviation. The document is quite diffi cult to understand. It to Jitendra Chepang: We are more concerned sounds more technical. How can people like me than the IPs to include the related issues in the understand it? How can we give our suggestions strategy. The mafi a problems, criminalization of without understanding the terms? I request to politics and politicization of crime are troubling explain it to the IPOs in simple and clear language. us too. Such issues are protected under the The document paper should be simplifi ed and political power. It's really a challenge for us. Our given to us. As the framework focuses more on goal is to conserve and protect the bio-diversity, the long-term plan, it's hard to understand it. We but the goal of industrialists is always profi t should be provided its concise form. oriented. They can cross any limits to achieve it. Solving it is a matter of concern for us too. Tashi Syangbo Barhagaunle to Sara Subba: We too have realized the Mustang importance of making the indicators more There is no suitable policy for tourism. The standard, scientifi c and effective. Thus we strategy has not allocated any budget for it. In accept your feedback as a suggestion. Mustang, tourists spend around $6 per day. But to Nagendra Kumal: We will co-operate and there has been no detail study or research to contribute for your issues. explore new areas with possibility. Such places to Khim Ghale: We have accepted the IPs should be identifi ed by the GoN in order to take contribution in forests conservation and bio- benefi t from it. diversity management. The strategy has clearly mentioned their contribution. Pasang Dolma Sherpa There has been a negative impact in the Question Answer discussion traditional diversities of mountainous region. on Conservation strategy On the one hand, the policy of bio diversity strategy is to conserve, whereas on the other Tunga Bhadra Rai hand, it is affecting the diversity. How will these Though this is a framework, not a strategy, we indifferences be balanced? Most of the reports welcome it as 'late is better than never'. What show that IPs tradition and practices are eco- is the vision of the strategy in accordance friendly. Why is your strategy neglecting this to its framework? ILO 169 and FPIC should point? For sustainable eco-diversity, traditional be considered in the strategy. UNFCCC and practices should be protected. 57 Shanti Jirel conservation and development. At the present President, NIWF stage of post confl ict, the issue of conservation Some cultures are tangible and some are with social justice is emerging. The IPs' issues intangible in nature. Both types of cultures too, should be recognized and identifi ed under should be preserved by the state. While making it. Moreover, the strategy should accept the the conservation act for Gaurishankar Mountain, concept of conservation and development I fi nd it diffi cult to explain and convince others with social justice, and conservation with self about our issues. Our cultural practices and determined development. The presentation traditions have been underestimated. Hence I framework should bring out fi nal conclusion on would like to recommend through this program the basis of relevant acts, regulations, policies, to include both tangible and intangible cultural and monitoring and evaluation mechanism, issues in the strategy. including consultations. Consultations should be carried out at all levels, right from the Kiran Sunuwar background stage. We are generally guided by two laws in Nepal- treaty based and charter based. But both the Premdhwoj Lama laws are against the favor of IPs. Gorkha IPs are not included in the rights to natural Dr. Braj Kishor Yadav resources. The rights to conservation and What is the objective of this strategy? Strategies management of natural resources will benefi t the and policies are really benefi cial for state state itself. But the laws and acts have always development. For example, tourism policy not been against the favor of IPs. Conservation only helped to increase the number of tourists policy can be fruitful only if the past actions of the but also increased the economy of Nepal. state are corrected. Without consultations and Many local families were engaged in hospitality. FPIC with the IPOs, no strategy can be effective. However, the internal tourism and cultural To make the strategy really strong and effective, practices were hampered. People forgot the revision of legal provisions are essential. value of traditional practices. Many got attracted towards modernization and lost their identities. Response from the presenter Thus how to address the resources and cultural practices in a strategy is also important. Dr. Yam Malla All the suggestions are quite relevant and Sher Bahadur Bhujel useful. Especially, Dr. Mukta Singh's concept Dolakha of conservation and development is really After the cabinet meeting held at Sagarmatha fabulous. Bio-diversity may not seem important base camp, we thought that the locals would in many contexts, but it still is a matter of concern benefi t. But the forests representatives, including as the resources are exploited. For example, some ministers, are charging taxes there. As the water resources of Sundarijal have become a result there arouse a confl ict between them scarce due to the increasing demand of water. and the locals. Violent activities have become Though logically, it is a right action, maintaining common there. Similarly, there is a confl ict biodiversity is really a challenging task. between the Local Development Committee and District Development Committee in the Right now, we don't have any answers for ownership of resources. payment policy and compensation scheme but we are looking for it. As we are in the analytical Buddha Gharti Bhujel stage at present, your positive suggestions Are the relevant IPs issues for resources and would really prove to be a great asset and input rights addressed in the strategy? for us.

Dr. Mukta Singh Lama There has always been a confl ict between

58 Annex 4: list of Media

1. Features and Articles on Daily Newspapers (available online)

S.N. News paper Writer Hyperlink

1. Republica Daily Devkumar Sunuwar h p://theweek.myrepublica.com/details.php?news_id=74381

2. Rajdhani Roshan Shrestha Rajdhani Dainik, Thursday 17April 2014 h p://rajdhani.com.np/pdffi les/rajdhani/11(page No. 2)

3. Nayapatrika Dinu Gurung

4. Samachar patra Lala Gurung h p://www.newsofnepal.com/new/category/bichar/page/12

5. Gorkhapatra Daily Rajesh Chamling www.gorkhapatraonline.com/ljrf/–b[li6sf]0f/14331- h}ljs ljljwtf /0fgLlt 6. Annapurna Post Daily Prakash Sigdel www.annupurnapost.com.en/news/

7. Everest Times Tikaram Tamang h p://www.google.com/url?q=h p%3A%2F%2Fwww.everes mes. net%2Fepaper%2Findex.php%2Fe-

2. Special Report Broadcast on Television

S.N. TV Anchor Hyperlink

1. NTV Gajurdhan Rai www.ntv.org.np 16th April 2014 news coverage 2. ABC TV Milan Limbu h ps://www.youtube.com/watch?v=bUVwgNnA5-w&feature=youtu.be

3. Sagarmatha TV Ganeshman Gurung h ps://www.youtube.com/watch?v=pcNHADhqRV8

4 NTV Plus h ps://www.youtube.com/watch?v=mZ4RupVGLJ4&list=UU61BaUJyu7 uteCku0nSE3YQ 3. Event news coverage by other national TV/ daily paper/Radios

1Kan pur Daily h p://www.ekan pur.com/np/2071/1/5/full-story/387737.html 2 The Gorkhas Weekly ( annex 5) 3 Nagarik Daily (annex 5) 4 Image TV www.imagetv.com 16thApril news coverage 5 Sagarmatha TV www.sagarmatha.tv 18th April 2014 6 News 24 www.news24nepal.tv 16th April 2014 7 Himalaya TV www.himalayatv.com 16th April 2014 8 Nepal 1 www.nepal1tv.net 18th April 2014 9 Gorkha FM 93 Mhz. 18th April 2014 10 Ekan pur h p://www.ekan pur.com/np/2071/1/5/full-story/387737.html

59 4. E Media S.N. Media Hyperlink

1 rajdhani.com.np (26th April 2014 pdf fi le), h p://www.rajdhani. E- Rajdhani com.np/pdffi les/rajdhani/22 2. NEFIN Climate Change Partnership Program www.nefi nclimatechange.org

3 E-Republica h p://e.myrepublica.com/component/fl ippingbook/book/1592- republica-09-mayl-2014/1-republica.html (Page No. 05)

5. Radio Coverage S.N. Radio Station District/coverage

1. Radio Tamor Taplejung

2. Ilam FM Ilam

3. Radio Manchhyem Terathum

4. Radio Makalu Dhankuta

5. B FM Morang

6. Solu FM Solukhumbu

7. Kalingchok FM Dolkha

8. Sindhuli gadhi FM Sindhuli

9. Synergy FM Chitawan

10. Radio Madhyebindu Nabalparasi

11. Radio Marsyangdi Lamjung

12. Radio Jagaran Rupandehi

13. Radio Sanibheri Rukum

14. Radio Simara Bara

15. Radio Madhyepashchim Dang

16. Radio Gurbaba Bardiya

17. Shuklafanta FM Kanchanpur

18. Gorkha FM Kathmandu Kathmandu

19. Radio Thaha Makawanpur

20. Radio Makawanpur Makawanpur

21. Radio Udayepur Udayepur

22 Radio Himal FM Banke

23. Radio Bajura Bajura

24 CIN Network MP3 72 districts through 270 radios

25 Kantipur FM MP3 75 districts through 5 regional development relay stations 26 Nepal FM Report 60 districts through 120 radios

60