In defense of land rights: A monitoring report on land conflicts in six Asian countries
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some legal basis and social recognition but it has no formal registration
therefore the tenure is not fully recognized. This lack of clarity is another
source of conflict.
Customary tenure in Nepal is dying. In this form of tenure, customary social
institutions regulate the land use practices and decisions. Most of the shifting
cultivators acquired their land rights through customary tenure. To some
extent, this practice still endures among different ethnic groups, particularly in
hilly regions. One example of customary tenure is Kipat, where a major criteria
of land allocation is lineage or clan.
Recent developments/Emerging issues
The new Nepalese Constitution of 2015 and the Local Government Operation
Act of 2017 have recognized the rights of agricultural workers and also granted
autonomy to local governments, including authority to manage the land, water
and forest resources under their jurisdiction. However, since Nepal is still in the
process of State restructuring, most local government units are still unaware
of the vast natural resources under their control, as well as the revenue that
these can generate. Local governments also have the power to resolve land
disputes, but do not have the trained personnel for this.
At the national level, a major source of conflict is the displacement of
communities due to mega-development projects and the expansion of army
camps. Another concern is the ongoing debate between the State and ethnic
communities, who are demanding their right to continue customary land
practices like Kipat, which have now been abolished.
Mapping conflicts
During the period 2012-2016, over twenty-thousand land-related cases were
filed in various courts in the country. Around 70 percent of these cases have
been decided. Compared to the years 2012 and 2013, the number of cases
filed has been decreasing, as a result of increased land literacy among the
people, as well as the expanded reach of mediation programs.
ANGOC
At the same period from 2012-2016, approximately one-fourth of all cases
filed in Nepalese courts were land-related.
The courts are frequently criticized by the wider public for failing to deliver
efficient and timely justice to ordinary citizens at reasonable cost. Hundreds
of land-related cases languish in the courts for many years. Limited human
resources, lack of a land tribunal, and the slow-paced hearing and decision-
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