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There are deeper sources of conflict as well. There are those who utilize
their power and position to engage in land grabbing, use public and private
land illegally, manipulate the land market to their advantage, and engage
in nepotism and corruption. Moreover, land conflicts often reflect the deeprooted societal conflicts born out of inequality or unfair distribution of wealth,
and discrimination against women, ethnic minorities and Dalits. Land conflicts
can undermine social stability as they can increase fear and suspicion among
neighbors and communities.
In much of the country, informal and customary tenure systems continue to
be practiced. Such tenure systems may or may not have legal basis and social
recognition. But since many lands have no formal registration, local people’s
tenure is not fully recognized.
However, customary tenure in Nepal is fast-dying. Especially in the hill regions,
customary social institutions regulate land use practices, and determine land
allocations. Under Kipat, shifting cultivators used enjoy their land rights
generated through customary tenure.10 Also, land allocations used to be based
on the lineage or clan, to control the influx of outsiders. But as customary
practices are eroded by statutory laws, these have given rise to land conflicts.
Kipat was officially abolished in 1964, and limited to certain hill communities,
in favor of individual property rights. However, there is ongoing debate
between State and ethnic minorities regarding the recognition of customary
land practices like Kipat, which had been legally abolished.
Land has become one of the most contested resources, and many conflicts,
even within families, are land-related. With escalating land prices, population
growth, and the inheritance law, there has been increasing fragmentation of
landholdings.
Philippines
Colonial land history. The roots of landlessness in the Philippines can be
traced to its 400-year history colonization. Much of traditional land systems
were destroyed when the Spaniards claimed all lands under the Regalian
10
Kipat refers to land collectively owned by the community (not by the State) and traditionally managed
under usufructory rights.
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
projects (roads, airports, and park expansion) and increasing army camps
under a federal system.
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