Powering up the people? The politics of indigenous rights implementation: International Labour Organisation Convention 169 and hydroelectric power in Nepal

Abstract

The article looks at the role of International Labour Organisation Convention 169 (ILO 169) in struggles for indigenous rights. Nepal is a particularly apposite example, where ILO 169 is currently being invoked and contested in a process of political and state restructuring. The article focuses upon one sector, namely, water resources pertaining to hydroelectric power (HEP) development, with data based upon interviews with key stakeholders at both capital and district and local level, and also visits to three HEP project sites. Two main lessons are imparted primarily about rights-based approaches in general and indigenous rights more specifically. First, while ILO standards can be used to identify a country-level political and institutional vacuum and to promote procedural and substantive standards, implementation is hostage to entrenched political patronage and political culture. Second, rights-based approaches have their own effects particularly when claims are interpreted as absolute group rights, especially in highly diverse societies. An overall dilemma remains for Nepal: while significant political gains have emerged from indigenous rights movement mobilisation there is still a striking absence of (new) constitutional provisions, concrete institutional mechanisms, policy guidelines and delivery of tangible local benefits and with indications of high caste and other groups backlash.