However, the general feeling amongst most
activists is that there is a lack of political will to
implement these laws. There is a compulsion to
maintain the status quo and serve the interests of
the powerful elite.
The period covered by the Tenth Plan is close to
conclusion and many of the provisions have yet to
be implemented. New towns continue to emerge
on fertile agricultural land and there is ever
increasing land fragmentation. The Government
of Nepal, the National Land Rights Forum (NLRF)
and the National Land Rights Concern Group
(NLRCG) jointly signed an agreement on 14th
September 2006 to form a high level commission
on land reform, which to-date has yet to be
formed.
2006 witnessed massive political upheaval
in the country. Maoist rebels fighting for a
People’s Republic forged an alliance with the
parliamentary parties under a constitutional
monarchy. The Comprehensive Peace Accord
(CPA) signed between the Nepali government
and CPN (Maoist) on 21 November 2006 agreed:
• to adopt the policy of implementing scientific
land reform and ending feudal land ownership;
and
• to adopt the policy of managing economic
and social security including providing land
for slum dwellers, bonded laborers, Haliya,
Haruwa, Charuwa and the economically
impoverished.
Following the Peace Accord, the monarchy
was suspended and a roadmap was set forth
for a Constitutional Assembly with an Interim
Constitution and a rebel-included Interim
Parliament. The Interim Constitution 2007 made
a commitment in Article 11 under the directive of
economic-social transformation, which included
the following two motions:
“All laws, including those on
land and natural resources, have
deprived indigenous peoples
of ownership, control and use
of their traditionally owned,
controlled and used ancestral
lands.”
• to end all facets of feudalism. Structuring and
implementing the minimum common program
by combined consensus for economic social
transformation; and
• to establish the rights of each citizen on
education, health, settlement, employment
and food security.
No significant change can be expected until a more
stable government is in place. However, there
exists a cross-party consensus on tackling land
reform. The constitution of 1990 and the current
Interim Constitution of Nepal of 2007 accept
caste, ethnic, linguistic and religious diversities,
but fall short of giving due rights to indigenous
peoples. As a consequence, there has been no
legislation specific to indigenous peoples.
All laws, including those on land and natural
resources, have deprived indigenous peoples of
ownership, control and use of their traditionally
owned, controlled and used ancestral lands.
In 2002, the first law on indigenous peoples was
passed. However, it was not about indigenous
peoples’ rights; rather, it was about the
establishment of the Foundation for Development
of Indigenous Nationalities. Although the
Lok Niti
77
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents