In defense of land rights: A monitoring report on land conflicts in six Asian countries
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formal practices. In a country where indigenous ethnic groups comprise 36
percent of the population, custom and tradition continue to play an important
role in the management of land, and in the exercise of tenure rights. Land
is seen not just as and economic asset but also as a fundamental source of
culture, social relations, political power, identity and belongingness among
people.
Evolution of land systems and reforms. The system of land tenure in Nepal
has evolved over the years. Historically, State ownership was the traditional
form of land tenure in Nepal, as the land belonged to the State and its rulers
(monarchs), who awarded land grants to relatives and favored individuals.
This feudal land tenure system concentrated land ownership among the
wealthy few and those who were close to the authorities.
Reforms started with the Land Reform Act of 1964, yet such reforms were able
to redistribute only 28,124 hectares or 1.5 percent of all agricultural lands.
Ceilings were set too high, and implementation was thwarted by resistance of
landowners, and slow enforcement by government (Adhikari, 2008). The Jana
Andolan Movement of 1990 and the instatement of constitutional democracy
brought new hope for land reform, but this soon faded.
The inequalities in land ownership were among the underlying drivers of
a decade-long armed conflict between the Government of Nepal and the
Communist Party of Nepal-Maoist (CPN-Maoist) that broke out in 1996, and
which led to the eventual abolition of the monarchy in 2008, and the passage
of a new Federal Constitution in 2015. Land reform remains high on the
agenda, but the highly-politicized nature of the debate has thus far impeded
any real change (CSRC, 2015).
ANGOC
Land conflicts. Land conflicts today have different dimensions. Some of the
more common land-related conflicts in the country are inheritance conflicts
among family members, boundary conflicts between neighbors, conflict
between landless people and authorities, and conflict between landowners
and tenants. These are often addressed through formal institutional structures.
However, there are recent trends that contribute to growing land conflict
especially in the terai (plain) regions. Migration between rural and urban areas,
as well as from the hills to the plains has put further pressure on an already
strained land and housing situation. The growth of informal settlements has
bred conflict between migrants, private property owners and the State. In
recent years, new conflicts have emerged from State-supported infrastructure
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