There are numbers of key actors and stakeholders
that are directly involved in promoting/impeding
IPs land rights in Nepal. They include: government,
major political parties, local government, donor
agencies and international institutions, the
private sector, civil society organizations, NGOs,
IP activists and IP-based organizations, and the
media.
There are a number of international laws, treaties,
and conventions that the government of Nepal
has ratified which proffer the ground of enhanced
opportunities in advancing the IPs’ customary
rights in Nepal. Besides this, national laws, acts,
policies, programs, structures and mechanisms
have also provided opportunities in enhancing IP
customary rights.
Legal Framework of IPs’ Land
and Resource Rights
All indigenous peoples lost ownership and
control over their ancestral lands by the 1960s
because of the State‘s predatory land policies,
such as Birta (the rulers gave ownership of land to
individual Bahuns) and Jagir (land given in lieu of
salary) and of the abolition of Kipat (communal/
collective land ownership land tenure system) in
Nepal (Regmi, 1976).
The land grant and assignment policy followed
by the Gorkhali rulers and their descendants,
Ranacracy and Panchayatcracy, favored particular
classes and communities in the society to
the exclusion of others. They tended to be
concentrated for the most part among Brahmans,
Chhetris and Thakuris, particularly from the
western hill areas, who sustained the political
authority of the new rulers.
Gurungs, Magars, Tamangs, and Newars generally
did not receive such favors (Regmi, 1971). The
state made a feudal ruling class of landowners
based on private property by confiscating the
communal lands and forests of indigenous
communities, whether they were in hill areas or
Terai.
In 1964, a comprehensive series of land reform
measures was announced by the government,
with the intention of introducing programs such
as land ceilings; confiscation of lands over and
exceeding the land ceilings as well as uncultivated
forest lands; tenancy rights; and the scrutiny of
loans and credits in all areas of the Kingdom.
The Land Reform Act of 1964 became successful
in converting the last Kipat tenures remaining
with Limbus of eastern Nepal into Raikar tenure.
At the end of 1968, the central government
introduced an amendment to the Lands Act of
1964 which allowed for the sale of Kipat land and
the assessment of these lands at the rates of tax
equivalent to those prevalent on raikar. The Land
Reform came and Kipat land became Raikar, as it
seems that the rulers of Nepal were determined
to abolish the Kipat system once and for all.
Indigenous Peoples began to lose their ancestral
lands with the territorial unification of Nepal in
1769 through land tenure systems such as Birta
and Jagir, and because of nationalization of the
forests and the creation of national parks, wildlife
reserves, protected land and community forest
programs. Currently, personal landholding by
indigenous peoples is lower than that of the
dominant caste groups.
In Nepal all forests are national forests unless
grown and registered as private forests.
National forests include government-managed,
community-managed, leasehold and religious
forests. All forests inside PAs and those which
Lok Niti
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