1. Land Reform in Nepal Issues, challenges, and links with conflict and sustainable peace International workshop on land restitution, 30 June – 4 July 2015 Cartagena, Colombia Nagendra Jha, ( Joint Secretary) Janak Raj Joshi, ( Under Secretary) Ministry of Land Reform and Management

2. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Presentation outline Country context Land Administration System ◦ Land tenure ◦ Cadastral Survey ◦ Land Registration Land Reform ◦ Historical inequalities and Land reform ◦ Conflicts ◦ Peace process ◦ Issues and Challenges ◦ Recent Development and Way forward

3. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management The Country Context … Federal Democratic Republic of Nepal, Area: 147,181 Km 2 Multi-lingual, multi-ethnic, and secular country with diverse culture Population: 26.6 million Landlocked Himalayan Country in South Asia

4. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management The Country Context … Physiographic Regions High Mountains Inner Terai Mid Hills Terai High Hills Population Distribution RegionAreaPopulation Terai/Plain17 %50% Mountains68%43% Himalayan range 15%7% Elevation varies from 60m to 8848m from MSL

5. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Country Context Administrative and Political division 5 Development region, 14 Administrative Zones, 75 Districts 191 Municipalities Villages Development Committees 240 Electoral Constituencies Capital city: Kathmandu

6. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Country Context Economy: Mainly Tourism Agriculture Remittance

7. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Country Context Other Specialty Mt. Everest, the highest peak in the world Birth place of Lord Buddha City of temple Festivals Diverse culture Architect and heritage

8. Organizational Dealing with Land Issues Ministry Of Land Reform and Management Survey Department Department Of Land Information & Archives National Land Use Project Topographic Survey Branch Land Management Training Centre Trust Corporation Dept of Land Reform and Management District Land Revenue Offices (104), Land Reform Offices (21) Geodetic Survey Branch District Survey Offices (104) Cadastral Survey Branch National Geographic Information Infrastructure

9. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Land Tenure in Nepal Land Tenure System Statutory N on-formal Raikar State Guthi Private Public Government 4 Types Slums Customary Types

10. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Some facts about Land About 30 million land parcels About 10 million owners Nation-wide large scale cadastral map Parcel survey under general boundary principle formally registered under Improved deed system Constitution guarantees Absolute property right State holds power of Eminent Domain, practiced in public interest State compensates for forced eviction, if the land is to be used for public interest

11. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Graphical / analog system is still used for cadastral survey Cadastral Surveys Digital system is getting more popular

12. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Land Information System Graphically acquired data are being digitized A computerized system is prepared to store, process, analyze and dissemination of land services Spatial and attribute data are separately acquired so far, integration of both is going on Fully functioning digital and online system is not in place yet

13. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Modernization in Geodetic and Topographic data management is already started Mostly the traditional approach in cadastral data management Recently initiated Digital cadastre and LIS projects are supposed to address the problem Land information Management

14. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Land Registration Registration of deed system is modified and “Improved deed System” is used for Land Registration ◦ Georeferenced cadastral survey map is attached with the deed ◦ Land is identified on the field ◦ Maps and other related documents are regarded as the authentic and legally referenced ◦ Parcel ownership certificate (title) is issued and awarded to the owner ◦ Frauds can be challenged in the court and compensation (from the party) may be possible Still parcel boundaries are not “fixed” and coordinated Principally, the State doesn’t guarantee and compensate for any fraud

15. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Land Registration: Performance of Nepal

16. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Land use / Land cover Land use,/ land cover, land capability, land system and zoning map are being prepared Remote Sensing and ground survey techniques are in use Land use % Agriculture land 28.0% Forest land 39.6% Grass/Pasture Land 12.0 % Other land 20.4%

17. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Historical inequalities Caste and class system: State (Shah, Rana ruler) used to grant the land to so called upper caste and higher class people, they became landlord People from remote areas, so called lower class, Indigenous, lower caste (Dalits) were discriminated, No such grant to those people from land, they became tillers, and hence dual ownership present in land Most of the land lords are absentee, they rely on the heavy tax imposed on the tillers and their surplus agricultural product, tillers were exploited The state/land of indigenous people in eastern region and their customary tenure on land and property (called Kipat) was abolished Women didn’t have equal rights over land Conflict started !!!

18. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Land Reform Initiatives in Nepal Formal land reform programme initiated in 1964, land ceiling imposed 31203 ha of land confiscated from landlord and distributed to peasants and farmer Settlement planning and development Project, Commission for solving the problem of landless constituted High level land reform commission constituted and report submitted in 1994 New initiative in 2000, New ceiling imposed Bonded labors and Haliyas (another form of forced labors) are freed from landlords and rehabilitation is going on Comprehensive Peace Accord 2006 assured scientific land reform in the country High Level Commissions for Scientific Land Reform constituted 2007/2008 National Land Use Policy formulated and enacted in 2012 Second Generation Reform in Land Administration initiated in 2014

19. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Achievements Land reform campaign in 1964 yielded Nationwide coverage of Cadastral parcel maps and land record Peoples right is formally recorded and titled Map based land administration and land information management system Legal and institutional framework established Human resources developed New technology evolved Issue of equitable access to land resource and social justice emerged

20. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Pitfall Weak Land administration Implementation is weak Inconsistent and weak legal arrangement Dual ownership in land Unequal treatment Land is considered as private asset/wealth in feudal society Agenda of socially and economically disadvantaged (SED) group of people remained unaddressed No equal opportunity in access and control over land for SED Feudal society and conservative approach helped people to acquire more land as it was/is considered as wealth/asset, status symbol Competing interest over scarce land, Socio economic and cultural behavior helped widening the gap between landowner and peasant farmer Conflict started !!!

21. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Land right movement Peasant's revolt 1951 from far-west led by Bhimdatta pant Indigenous group’s (Limbu) revolt in east for their customary right (Kipat) Movement of Landless people Movement of bonded laborer and forced laborer in far and western Nepal Armed conflict led by CPN Maoist Land right movement especially focused for landless, informal settlers, women, dalits, freed bonded and forced laborers and indigenous group (Activists are still working peacefully in this movement)

22. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Armed Conflict and Comprehensive Peace Accord (CPA) Land was a central feature of Nepal’s decade-long conflict. In the then rebel -Communist Party of Nepal-Maoist’s initial 40-Point Demands, issued in 1996, the party called for “land under control of the feudal system [to be] confiscated and distributed to the landless and homeless” and for land belonging to certain classes of people to be “confiscated and nationalized.” the Maoists seized land from larger landowners and from their political opponents during the conflict. The 2006 Comprehensive Peace Agreement (CPA) and subsequent political agreements committed the Maoists to return this seized land to its owners and also contained a range of government commitments to social transformation, including land reform.

23. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Causes of conflict Competing interest over scarce land invites conflicts: ◦ Landlordism and Landlessness ◦ Dual ownership ◦ Unregistered land owners ◦ Unregistered tenants ◦ Access to land ◦ Control on land ◦ Equity and Social justice ◦ Informality ◦ Land use conflict ◦ Poor land administration services and lack of transparency

24. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Restitution 29124 hectors of land acquired from landlords by implementing land ceiling was distributed among the peasant farmers 35000 ha land is distributed among 155000 households of landless family 3027 ha land is distributed among 27570 households of freed bonded laborers family Dual ownership on land abolished, equal right of tenant is established, 50 % of the land of landlord was provided to the tiller/tenant who used to plough the farmland of absentee landlord Some informal settlements are formalized by providing titles of ownership Seized properties of the landlords by the Maoists during armed conflict period are returned back 16953 households of forced laborer are waiting for their rehabilitation, the task is in the priority of the Government, task already stated, 283 family restituted

25. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Peace process Comprehensive peace accord between CPN Maoist and then Government addressed the land conflict by assuring scientific land reform in the country Interim Constitution of Nepal 2007 also addressed the issue, Scientific land reform is endorsed in the constitution Agreement between indigenous, women and dalit groups and Government to address the land issue Commissions formed, worked out and reports submitted Implementation will be started as soon as the constitution enacted Development partners are assisting in peace process

26. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management key land commitments in peace process In the Nov. 2006 CPA, the Maoists and the then-Seven Party Alliance agreed that all land seized during the decade-long conflict would be returned while steps would be taken to develop policies for “scientific land reforms.” Specifically, both sides agreed to: ◦ “Create an inventory of governmental, public and private buildings, land and other properties occupied, locked up, or not allowed [for] use in [the] course of armed conflict and to return them immediately;” ◦ “Adopt a policy to introduce scientific land reforms by ending feudal land ownership;” ◦ “Adopt a policy to provide land and other economic and social security to the economically backward classes including landless, bonded laborers, and pastoral farmers;” ◦ Ensure that “private property of any person shall not be seized or controlled except in accordance with the law.”

27. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Restitution after CPA According to CPA, Maoist had to return the seized property immediately The Maoist had returned much of the land it had seized in the hills, mountains, and parts of the Eastern and Central Tarai, although some outstanding cases remained in these areas. Some of the land captured in the Mid and Far Western Tarai (where the largest number of seizures had reportedly occurred) had been returned, some outstanding properties had not been returned or had been returned only conditionally. In many farmland, seized by the Maoist, large no. of landless families are settled and returning it to their original owner may trigger forced eviction which creates another conflict Many issues of the return are solved by the mutual understanding between landowner and local Maoist activist Many land and property had undergone coerced sale Informal sale of the land after seizure to new owner is also observed, new owners are not willing to return the property to original owners

28. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Institutions currently working Existing institutions ◦ Ministry of land reform and management  Commission for solving the problem of landless people  Commission for rehabilitation of bonded and forced labors ◦ Ministry of peace and reconstruction  District level peace committees New discussions ◦ Formation of land tribunal ◦ Land banking

29. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Development partners in peace and Land Peace and reconstruction works are ongoing Ministry of Land Reform and Management and Ministry of Peace and Reconstruction are currently working o the issue of building sustainable peace in Land Sector through UN Peace Fund Collaboration with Development Partners ◦ IOM ◦ UNDP ◦ UNHABITAT

30. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Collaboration with Development Partners Catalytic Support to Land Issues, to support sustainable peace ◦ High level negotiation with major political parties to build consensus on major land issues (UNDP) ◦ Updating legal provision made for handling land disputes (IOM) ◦ Participatory land use planning for managing land resources and local land use needs in inclusive and participatory way (UNHABITAT) [Piloting for three districts] ◦ Assessing possibility of integration of land information and support online land services (IOM) [Piloting for three districts] ◦ Capacity development of land professionals (IOM) [Piloting for three districts]

31. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Issues and challenges Regularizing informal/non-formal tenure (moist seizure, informal settlements, unregistered land) Rehabilitation of landless people, Freed bonded land forced laborer Land use management : land acquisition, (re)adjustment, compensation, for big infrastructure development projects, housing, urbanization and resettlement/relocation of affected people Dual ownership on land Equal/equitable access and control of women, dalit, indigenous group over land and land-based resource Balancing environment with keeping pace with development ; Sustainability

32. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Post Earthquake scenario 2015 Relocation of disaster affected family in context of recent earthquake and following possible landslides, flooding Land for their resettlement Livelihood activities on land

33. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Access to land: Gender issue The following policies are in place to increase women’s access to land ◦ Registration tax rebate, (female ownership in land increases from 11% to 20% in last decade) ◦ Promotional policies for joint ownership ◦ Priority on service delivery ◦ Easy loan and mortgaging for women ◦ Equal right in ancestral/inherited property including land

34. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Current initiation and way forward Addressing issue of land in the constitution (expected shortly to come) Integrated land policy, under drafting National land use policy, recently enacted Land use act, bill drafted and under discussion Road map to second generation reform in the field of land administration and management IT based online land administration services, under development Legal updation and integration Institutional re arrangement

35. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Thank you very much for your kind attention Queries/ Discussions ??

36. g]kfn ;/sf/ e"ld;'wf/ tyf Joj:yf d+qfno Government of Nepal Ministry of Land Reform and Management Thank you !!! Welcome to Nepal