In defense of land rights: A monitoring report on land conflicts in six Asian countries
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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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