In defense of land rights: A monitoring report on land conflicts in six Asian countries
34
Nepal (cont.)
n
Philippines
n
Urban expansion, growth pf property markets and squatting/
informal settlers especially in the terai (lowland region)
n Government land acquisitions (eviction, compensation issues),
infrastructure projects (army camps, roads, airports), and
government federal restructuring (new infrastructure, new
boundaries and delineations, taxation and local revenue
generation)
n Agrarian conflicts, landowner-tenant issues (land rents, tenancy
land separation, evictions)
n Post-conflict issues (1996-2006 insurgency) and post-disaster issues
(2015 earthquake)
Government infrastructure (Economic Zones, water systems, power,
buildings) and private investments (power, real estate, tourism,
industry)
n Agribusiness investments (unfair business/lease contracts, land
grabbing for plantations)
n Mining and extractive industries (for metals, coal, natural gas and
sand/gravel quarrying)
n Forestry (logging, reforestation, industrial tree plantations)
n Conflicts over resource use (informal settlers in forestlands,
indigenous people and dwellers in protected areas, conflicts over
land classification and use)
n Overlapping claims among communities, due to overlapping land
laws and multi-agency jurisdictions, and the multiplicity of titles,
leases and permits issued over the same land, often in ancestral
domains
n Agrarian conflicts, including landowner resistance to agrarian
reform
MECHANISMS FOR CONFLICT RESOLUTION
Formal Mechanisms
n Judicial court systems. Land-related cases continue to clog court systems
ANGOC
in many countries. In Bangladesh, land in general is the cited source
of almost 60 percent of all legal disputes in the country, according to
Transparency International. In Nepal, about one-fourth of all court cases
filed from 2012-2016 has been land-related. Moreover, there is a backlog
of land-related cases in court. The Supreme Court Annual Report of 2015
stated that a total of 41,591 land-related cases (or 24 percent of all cases)
were registered in the Supreme, Appellate, and District Courts in Nepal.
Courts are frequently criticized by the public for the slow-paced hearings
and decision-making processes. Costs are high especially to the poor
in terms of time, money, and resources spent. In Nepal, court systems
frequently take up to five years, and require huge amount of resources.
In Bangladesh, lawyers’ fees account for about 60 percent of total costs
of land disputes, and households spend about 45 percent of their annual
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents