Bardiya National Park

Last Updated
2023-12-15
Name of the Protected Area / Park / Reserve
Bardiya National Park
Country
Nepal
Status of the Protected Area
In Operation
UNESCO Classified
No
Carbon Offsetting Project
No
IUCN category of the Area /Park / Reserve
National Park
Name(s) of the Impacted Indigenous People(s) / Community / Villages
Tharu
Sonaha
Raji
Kumal
Name(s) of the Support Groups/NGOs and Contact Details

Community Self-Reliance Centre (CSRC)

Email: landrights@csrnepal.org 

Amnesty International

Phone: 1800 266 3789

Project Expedite Justice 

Nepal Sonaha Association 

Sonaha Bikas Samaj (Sonaha Development Soceity) Bardiya 

Community Development Organization (CDO) Kathmandu

Administrative Authority of the Protect Area / Park / Reserve and Contact Details

Ministry of Forests and Environment 

Department of National Parks and Wildlife Conservations 

Ashok Bhandari: Chief Conservation Officer 

Ashish Neupane: Information Officer 

Email: bardiyanationalparkoffice@gmail.com 

Phone: 986 478 2002 or 08 440 2012

National Conservation / Environment Agency or Ministry in Charge of the Protect Area / Park / Reserve

Global Conservation 

World Wildlife Fund (WWF)

Major Public and Private Donors
Park and People Project
Participatory Conservation Project
United Nations Development Program
Government of Nepal
The World Wildlife Fund-WWF
Cooperative for Assistance and Relief Everywhere
National Trust for Nature Conservation
Involved International Conservation NGOs, Foundations and Institutions
World Wildlife Fund Nepal
The Wildlife Conservation Significance-WCS
The Zoological Society London
Donor's Information

WWF has been supporting the park authorities for the management of the park by providing funds to the Nepali Government for approximately two decades.[1] Terai Arc Landscape Project (since 2001): WWF Nepal and Nepal Government.

The GEF funded UNDP to implement the “Landscape Level Biodiversity Conservation in Nepal's Western Terai Complex in 2004.[2] Western Terai Arc Landscape Project (2006-2010): UNDP, Global Environmental Facility (GEF), Nepal Government , WWF Nepal and the Netherlands Development Organization (SNV Nepal), Biodiversity International (BI), Nepal Agriculture Research Council (NARC) and Local Initiatives for Biodiversity Research and Development (LI-BIRD).

Global Conservation: In 2002, 2015,2016, 2017,2018,2019 and 2020 the U.S. Fish and Wildlife Service, Multinational Species Conservation Fund has been funded conservation Activities Ids: 51825 and Projects Numbers F15AP00779, F15AP00342,F16AP00821, F14AP00280, F14AP00637, F17AP00941, F17AP00309, F18AP00372, F19AP00846, F19AP00728, F17AP00803, implemented by the U.S. Government - Department of Interior, National Trust for Nature Conservation (Nepal), the World Wildlife Fund and other NGOs, aiming at animals conservation and monitoring and anti-poaching activities in the Park.[3]

Hariyo Ban Program (2001-2016; 2016-2021): United States Agency for International Development (USAID), Nepal Government, WWF Nepal, Cooperative for Assistance and Relief Everywhere (CARE), Federation of Community Forestry Users in Nepal (FECOFUN) and the National Trust for Nature Conservation (NTNC).[4]
 

Historical Background

Bardiya National Park (BNP) is the largest national park in the lowland Terai covering 968 square kilometers.[1] A further 327 square kilometers surrounding the park was designated as a ‘buffer zone’ created to “provide facilities to use forest resources on a regular and beneficial basis for the local people.”[2] The park in Nepal’s Western Terai was established to protect the ecosystems and to conserve the habitat of tiger and its prey species.[3] Initially, in 1976 a smaller area was stolen from Indigenous Peoples and named Karnali Wildlife Reserve.[4] In 1982, it was renamed as Baridya Wildlife Reserve and in 1984 the area was extended to its current size.[5]  The reserve was given national park status in 1988.[6] Since its inception thousands of Indigenous Peoples have been forcibly evicted, tortured, murdered, abused, harassed etc. The BNP was established on the lands of the Tharu, Sonaha, Raji, and Kumal. Indigenous Peoples with the Tharu constituting the majority of Bardiya’s inhabitants.[1] The Indigenous Peoples consider the Karnali river their ancestral territory and are dependent on river-based customs such as gold panning and forest resources. The NPWC Act and BNP’s Regulation of 1997 prohibits Indigenous Peoples traditional way of life by restricting or preventing traditional activities and customs.[2] These regulations were imposed without the Indigenous Peoples FPIC and no compensations have been offered.[3] Project Expedite Justice notes that WWF has supported BNP rangers by providing funds to the Nepali Government for over two decades without ensuring Indigenous Peoples rights or compliance with WWF Indigenous People’s principles.[4]

 


[1] Project Expedite Justice, “Trapped Outside the Conservation Fortress: The Intersection of Global Conservation Efforts and Systemic Human rights Violations,” at 11. 

[2] Project Expedite Justice, at 12.

[3] Project Expedite Justice, at 12.

[4] Project Expedite Justice, at 12.

 
 


[1] Department of National Parks and Wildlife Conservation, “Bardiya National Park.”

[2] Green Economy Coalition, “Conservation and discrimination: case studies from Nepal’s national parks.”

[3] Department of National Parks and Wildlife Conservation, “Bardiya National Park.”

[4] Department of National Parks and Wildlife Conservation, “Bardiya National Park.”

[5] Department of National Parks and Wildlife Conservation, “Bardiya National Park.”

[6] Department of National Parks and Wildlife Conservation, “Bardiya National Park.”

Short description of the alleged violations

Forceful evictions:

The Nepali Government has displaced thousands of Indigenous Peoples during BNP’s creation and expansion. In 1969, two villages were relocated occupied by the Sonaha people, and they were criminalized for conducting traditional practice.[1] Seven years later in 1976, a second round of evictions took place when BNP authorities relocated 1,500 households outside the Karnali Wildlife Reserve.[2] The third wave of evictions occurred in the 1980s where 9,500 Indigenous Peoples were resettled outside the park. Since 1983, BNP authorities have forcibly evicted at least 300 households from their land along the Geruwa river. 274 of those are Tharu peoples of Wards 4 and 6.[3] Many of these people were originally displaced due to monsoon flooding and the riverbed shifting however, Bardiya officials sent them to the buffer zone and approximately three weeks later the Nepal Army used wild elephants to chase these Indigenous Peoples away.[4] Many families have since been evicted from the buffer zone or locations where they have tried to rebuild their lives. According to Ward 4 officials, 144 households lost their land between 1983 and 1989. Of these households 96 belonged to the Tharu community and the rest belong to other Indigenous Peoples such as the Magar and Dalit.[1] According to Ward 6 officials, 151 households lost their land. Of them, 130 belong to the Tharu community and unlike in Ward 4 most of the land lost by people in Ward 6 was unregistered government land i.e., land without recognition of ownership. Only 31 households including 16 Tharu, have landownership certificates others living in Ward 6 have no documentation.[2] BNP officials claim the land falls inside the park boundary and therefore, all restrictions under national park laws apply. Meaning, people are not allowed to settle there or visit to collect their natural resources or to “occupy, clear, reclaim or cultivate any part or grow or harvest any crop.”[3] Despite not having any access to their land, the Geruwa villages have continued to pay land revenue tax. They say it is to safeguard their access and is a requirement to claim compensation for damage to crops.[4] In June 2020, during the Covid-19 lockdown the BNP office arbitrarily issued a seven-day notice threatening 141 families living in the area to leave the forest or face eviction. Most of these families were Tharu Indigenous Peoples.[5] The BNP officers did so without first ensuring these families had access to alternative housing.

Arson: 

On 21 May 2017, the army stationed in Thakurdwara in the BNP set more than 100 Tharu families homes on fire who were living in an informal settlement in Jharniya, Magaradi Village Development Committee destroying 105 homes.[6] The community and human rights activities allege that the army committed this violation due to a dispute between them and the Indigenous Peoples. After mediation between the army, the District Land Rights Forum and the community, the army agreed to let the community stay in the buffer zone as long as it could be confirmed that these families were “real landless” and provided a recommendation letter from any political party.[7]

 

Harassment: 

Bardiya Indigenous Peoples have complained about discriminatory treatment and harassment by Nepal Army officials.[1] The Army and game scouts have threatened Sonahas at gunpoint, shot at them, and thrown stones whilst they were fishing. 

 

Right to food

Protected animals such as tiger, rhino and elephant have increased over the years however, farmers in Bardiya complained about protected wild animals frequently destroying their crops, stored grains, farm animals and structures, including houses. The state, therefore, has failed to protect their right to food. The state has also violated their right to remedy as the relief provided is nominal and it excludes relief for recurring destruction by certain types of animals i.e., monkeys.[2] 

 

Murders

On 10 March 2010, BNP soldiers killed two women and one 12-year-old girl when they were collecting tree bark within the BNP.[3] The Army and BNP officials have justified the killings by claiming that the victims were poachers killed by Army personnel in self-defense.[4] The Army and BNP officials have played an active role in obstructing criminal accountability by pressuring the families of the victims to withdraw criminal complaints. This case highlights weaknesses in the National Parks and Wildlife Conservation Act which permits the use of firearms in situations where there is no immediate threat to life.[5] These three murders were reported to WWF however, WWF abandoned the proposal to conduct human rights training for BNP employees because of the political context at the time.[6]

Torture

The Nepali Army and BNP authorities torture Indigenous Peoples for entering the park. Many Sonaha men were detained for violating park rules, some were released after paying fines however, some Sonaha have died whilst in custody.[7] As of 2018, armed guards continue to beat and verbally abuse Indigenous Peoples, seize their fishing equipment, and arbitrarily arrest and fine them if they find them conducting traditional practice inside BNP, cutting grass, or fishing.[1]
 


[1] Project Expedite Justice, at 13. 

 


[1] Amnesty International, at 6. 

[2] Amnesty International, at 7. 

[3] United Nations Office of the High Commissioner for Human Rights in Nepal, “United Nations concerned with the death of three females including a child in Baridya.”

[4] Project Expedite Justice, “Trapped Outside the Conservation Fortress: The Intersection of Global Conservation Efforts and Systemic Human rights Violations,” at 13. 

[5] Amnesty International, “Violations in the name of conservation,” at 28.

[6] Project Expedite Justice, “Trapped Outside the Conservation Fortress: The Intersection of Global Conservation Efforts and Systemic Human rights Violations,” at 13.

[7] Project Expedite Justice, at 12.

 


[1] Amnesty International, at 20. 

[2] Amnesty International, at 20.

[3] National Parks and Wildlife Conservation Act, 2029 (1973), section 5. 

[4] Amnesty International, “Violations in the name of conservation,” at 21. 

[5] Amnesty International, at 19. 

[6] Amnesty International, at 19. 

[7] Amnesty International, at 19.

 


[1] Project Expedite Justice, at 12.

[2] Project Expedite Justice, at 12.

[3] Project Expedite Justice, at 12.

[4] Amnesty International, “Violations in the name of conservation,” at 20. 

Categories of Human Rights Violations
Right to self-determination
Rights to land, territory and natural resources including access to means of subsistence, adequate food and adequate housing
Right to Consultation and Free and Prior Informed Consent
Social rights-including access to public services
Civil Rights
Cultural Rights
National Court Decisions

Filing of a Public Interest Litigation petition in the Supreme Court in July 2020 regarding forceful evictions of Indigenous Peoples. The aim of the litigation was to secure a judicial intervention in preventing future forced evictions and remedying the violations previously committed against Indigenous Peoples.[1]

 

Bhukhail Tharu v Bardiya National Park Office et al: In 2006, 67 Indigenous Peoples from Geruwa who had land certificates collectively approached the Supreme Court to get compensation for the land they lost to the BNP. The Supreme Court acknowledged the harms suffered by the Indigenous farmers however, quashed their writ petition.[2] On 18 April 2006, the Court decided there was no need to order the authorities of BNP to provide compensation because they were ready to compensate if all required documents were submitted. However, the authorities did not and have not provided such compensation.[3]

 


[1] Amnesty International, “Violations in the name of conservation,” at 11. 

[2] Amnesty International, at 38. 

[3] Amnesty International, at 38.

Sources

Amnesty International, “Violations in the name of conservation.” https://www.amnesty.org/en/wp-content/uploads/2021/08/ASA3145362021ENGLISH.pdf 

Communication from the United Nations Human Rights Commission. https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24167

Department of National Parks and Wildlife Conservation, “Bardiya National Park.” https://dnpwc.gov.np/en/conservation-area-detail/80/ 

Bardia National Park (BNP) and Sonaha indigenous minorities, Nepal

https://ejatlas.org/print/sonaha-indigenous-minorities-bardia-national-…

Green Economy Coalition, “Conservation and discrimination: case studies from Nepal’s national parks.” https://www.greeneconomycoalition.org/news-and-resources/conservation-and-discrimination-case-studies-from-nepals-national-parks#:~:text=%E2%80%9C%20Our%20participatory%20research%20found%20that%20since%20the,from%20which%20they%20were%20evicted%20again%20and%20again.%E2%80%9D 

National Parks and Wildlife Conservation Act, 2029 (1973) https://www.lawcommission.gov.np/en/wp-content/uploads/2018/10/national-parks-and-wildlife-conservation-act-2029-1973.pdf 

Project Expedite Justice, “Trapped Outside the Conservation Fortress: The Intersection of Global Conservation Efforts and Systemic Human rights Violations.” https://www.projectexpeditejustice.org/_files/ugd/b912bf_6633fdc7a7af48f3a45e81792295a68e.pdf 

United Nations Office of the High Commissioner for Human Rights in Nepal, “United Nations concerned with the death of three females including a child in Baridya.” https://nepal.ohchr.org/en/resources/Documents/English/pressreleases/Year%202010/March/2010_03_25_PR_Bardiya_National%20Park_Killing_E.pdf