In defense of land rights: A monitoring report on land conflicts in six Asian countries 102 have no access to or understanding of the court and land administration systems (FAO, 2010). Field interviews indicate that poor people and small farmers have limited knowledge with regards to approaching the courts or land offices for conflict resolution and protection of rights. The poor are also unable to initiate dialogue with the landowners, for fear of being evicted from the land which they have been cultivating for a long period of time. In sum, lack of confidence among poor people and small farmers inhibits them from making use of State institutions or initiating negotiations with landowners. Finally, a number of land conflicts in Nepal are highly political in nature and thus demand political solutions. However, due to lack of political consensus and willingness to find inclusive solutions, political actors have failed to resolve a number of land issues, particularly those related to land reform at the national political level and a number of politically linked and politically motivated land conflicts at the local level. Gaps in dealing with land conflicts The major challenge in land conflict management in Nepal is the inadequate institutional and financial capacity of the government. This manifests itself in, among other issues, insufficient and unskilled human resources. It is also seen in the backlog of land-related cases in the courts. Lack of coordination and collaboration among government agencies is also a problem. RECOMMENDATIONS Land conflict, water insecurity, and food insecurity are closely interlinked and therefore, a holistic response is required. Improvement in resource governance can minimize land conflict. The following recommendations are provided in order to resolve protracted land issues and minimize land-related conflicts in Nepal: Full implementation of the 2015 Constitution of Nepal which include the pro-poor and gender responsive provisions, and guarantees of equal rights for Dalits, peasants, women and the landless. n Crafting of a new “National Land Policy” that not only treats land as a mere economic asset, but also recognizes its socio-cultural aspects and protects tenure accordingly. n Based on the new Constitution, expansion of the powers of provincial and local governments to formulate and implement locally appropriate policies and programs related to land use and tenure. The policy makers in the central government have to realize that “one size does not fit all.” n Policy recognition of the tenure diversity in the country. Some tenure systems are not properly documented, recognized and protected. ANGOC n

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