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Editorial

Address Landlessness with Justice and Urgency

Inability of our authorities to end landlessness among the poor and Dalits for decades, despite several commissions over the years, indicates more than bureaucratic incompetence. At its heart lies a deeper unwillingness to act fairly and with determination.
By Republica

Inability of our authorities to end landlessness among the poor and Dalits for decades, despite several commissions over the years, indicates more than bureaucratic incompetence. At its heart lies a deeper unwillingness to act fairly and with determination. Politicians of all ideological backgrounds have long used this problem to push their political agendas and win votes by allocating public lands mainly to their vote banks during election time, but neglecting the issue for a lasting solution. Meanwhile, the Kathmandu Valley's dramatic increase in squatter numbers, from only 400 families 18 years ago to almost 4,000 today, is a reminder of how rural displacement and unmanaged urbanization have grown over the past decades. The Land Issue Resolution Commission (LIRC) has started collecting official data regarding the squatters, landless Dalits, and uncontrolled settlers in the Kathmandu Valley. The new beginning comes after a poor outcome last year, when even after inviting applications, only 2,000 families responded because of inadequate coordination with local bodies. The Commission is now moving ahead with formal agreements with local units, including Kathmandu Metropolitan City, to address the issue. It also suggests publishing the calls for applications in national dailies in case the local governments fail to respond. In the meantime, Budhanilkantha Municipality Ward No. 9 is the sole unit to have finished its data collection exercise, listing 701 families eligible for land titles.



Throughout Nepal, 1.35 million families have applied for ownership certificates of the land they are currently occupying. Of them, more than 1 million have been registered, including 167,000 by squatters, 86,300 by landless Dalits, and the remaining by uncontrolled settlers. Kailali district is leading with 130,000 applications. The Cabinet reformed the Land-Related Problem Resolution Commission under Hari Prasad Rijal, which is the 23rd such commission since the restoration of democracy in the 1990s. Legal obstacles also halted the procedure for some time after the dissolution of the previous commission. Earlier, several efforts went in vain. For instance, a new commission comes with each new government, and the previous one's work gets shelved. The recent episode in which Keshav Niraula's team was dismissed is a case in point. He was reinstated by the Supreme Court, which shows how politicized the issue has become. Besides legal hurdles and bureaucratic delays, a lack of a central database, a dearth of deadlines, and no credible action against illegal land encroachment pose a hindrance to land distribution to real squatters.


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The crisis of landless squatters does reflect existing problems in governance. Even the most well-meaning surveys and searches for squatters will fail to bear results without clarity, coordination, and credibility. A new commission every two years will not help families that have waited generations to receive land with dignity. The government needs to commit to a strong commission that has no impact on political or governmental changes. Parliament could also help by passing a land regularization act, granting legal teeth to the process and protecting it from political interference. Finally, land distribution needs to be followed by resettlement planning Otherwise, this project risks being an exercise in futility. The current initiative offers a chance to break a cycle of indecision that has lasted for decades. All that is required now is strong political intent, followed by bureaucratic determination and integrity. Poor and marginalized citizens waiting years to get a patch of land must have permanent settlement. The issue of landlessness needs to be settled in a well-thought out manner. Distribution of the country's limited natural resource – the public lands – must not be used by the political parties to placate their vote banks and political constituencies.


 

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