LAND ISSUES IN NEPAL

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LAND ISSUES IN NEPAL

• A presentation by Jagat Basnet Dr. Jagnnath
  Adhikari
• Community Self-Reliance Centre (CSRC)

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National Data

• 10 of the rural population are absolutely
  landless
• 5 rich people holds 37 arable land
• Over half (58) of the rural population are
  functionally landless, with holdings too small
  even for subsistence requirements (lt0.5 ha)
• Over 85 of farmers are land poor (lt1 ha)
• 30 of rural households are unregistered tenants
  ( Estimated1.5 million households)
• 48 of Dalit households are landless only 6
  Chhetri/Thakuri/Brahman are landless
• Lowest caste Highest castes

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Over Worked
Exploited
Hungry
DebtTrap
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One family controls more than 60 hectors but
tillers of this land is landless/share cropping
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Critical Issues

• Absentee Landlordism
• Long history in Nepal with no signs of declining
• Share cropping/unregistered tenancy
• Remains the dominant agricultural system
• Trust/Guthi land (est.100,000 ha)
• Guthi tenants highly vulnerable to abuse
• Tiller families suffer malnutrition and hunger
  despite being the producers for the Guthi owners
• Semi-bonded labor systems (Haliya,
  Haruwa/Charuwa)
• Widespread despite being outlawed in 2002
• Affects an estimated 100,000 families
• Fallow land
• Landlords leave their land idle for fear of
  tenancy claims

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Critical Issues

• Declining productivity
• Result of failed tenancy reform
• Those cultivating have no ownership those with
  ownership do not cultivate
• Centralized land administration system
• No access for poor farmers the courts are for
  the rich
• No land for the real tillers
• Land for landlords Land for political victims
  Land for elites in the name of industry (but used
  for other purposes)
• The state is only interested in reforming the
  administration system not in real land reform
• Biased understanding
• Confiscation and redistribution
  Over-simplification and fear-mongering by elites
• Only consider the property rights of the rich not
  the poor

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Government Efforts

• 1951 land reform initiated
• First elected government eliminated birtha
  system but land owning elites remained in control
• 1964 Land Act King Mahendras initiative
• Benefited landlords rather than tillers
• 1990 Jaganath Acharya promoted land reform and
  was swiftly removed from office
• 1996 Badal Commission Report
• Reforms never implemented, despite many
  opportunities
• System of land grants to royal favorites
  Nepali Congress Minister

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Government Efforts

• 2001 Deuwa government reduced land ceilings but
  overruled by the Supreme Court
• 2002 law to liberate Kamaiyas (bonded laborers)
• Many still not freed
• 2008 The Maoist-led government formed a new
  high-level Land Reform Commission
• Pledged to end feudal control over land

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Way Forward

• First we must recognize and register tenants
  rights to dual ownership
• only then can we end the dual ownership system
  and register secure tenancy rights
• Land zoning Agricultural land must be for
  agriculture
• Joint ownership of land for women and men
• Land for surplus production not only subsistence

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Way Forward

• Campaign on land and agriculture literacy
• Agricultural schools, technical skills,
• literacy campaigns
• Legal rights for indigenous people
• Link land reform policy with growth and
  development
• Community-based approach
• Land redistribution and ownership
• Agricultural inputs
• Devolution of land administration

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Conclusions

• Unequal land distribution is the result of
  Nepals feudal power structure and food deficit
• The states role is to formulate pro-poor and
  tiller-friendly land policies.The real land
  reform implementers must be the tillers in their
  own communities
• Community approach not market led neo-liberalism
• The rights of the tillers must be protected in
  Nepals new Constitution

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Recent concern on land

• One of the main aspects in peace process, and
  also essential for sustainable peace.
• Access to land linked to poverty reduction and
  social-political inclusion for land-dependent
  communities.
• Recent problems in food security
• Contemporary issues related to land -
  globalization, climate change and foreign
  investment on land.

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Nepal Land dependency and scarcity

• A basis for main source of livelihood for a large
  majority.
• Skewed distribution - historical reason .. .
• Access determined mainly by hereditary rights,
  land reform is, thus, necessary.
• Unequal access linked with every day form of
  violence.
• Sustainable peace will be enhanced after securing
  the rights to land for the poor land dependent
  communities.

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Access to land (defining land)

• Different
• types of
• land.
• Interrelated.
• All need to
• be consider-
• ed.

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Access to land and food security

• Vulnerability to food security growing.
• Price rise and food problems last year was a case
  in point.
• Access to land (whatever it is) for farmers helps
  to improve food security.

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.

• Nepal surplus producer in the past, now is
  dependent on food imports (partly because
  cultivators do not have access to land)
• Depending on weather condition 40-56 districts
  (out of 75) cannot produce sufficient food.

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.

• Women, Dalits and some indigenous people, and
  their children suffer from malnutrition.
• Women access to land is vital for familys food
  security in general.
• In places in Nepal where womens access to land
  (ownership and effective control) is poor,
  malnutrition is also high even if production is
  high.

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Contemporary issues - Globalization

• Still not directly impacted by globalization,
  but will have impact soon.
• Impact is seen through India (eg hybrid seeds
  are coming from there)
• Some impact is seen in land use types (like
  edible oil from MNC is helping to replace local
  oil-seed crops.
• Main impact now is seen through labor migration,
  absence of labor from farming and its impact on
  land tenure land renting practices have
  increased.
• Control of MNCs on agriculture and food chain has
  increased generally small farm families are in
  problem.

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Climate change

• Nepal highly affected by climate change
• impact on land use,
• Lower productivity
• Increased floods and natural disasters
• Reduced water availability during critical times
  for the crops and for people.
• Poor and Women more affected.
• High mountain areas food insecurity is growing
  because of climate change.

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FDI on land

• Foreign Investment on land
• Not much of a problem now, but likely. In future.
• It might take more land meant for distribution
  through land reform
• Could lead to environmental problems.

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Way Forward

• Land, water and forest should all be considered
  in land reform programs.
• At the national level - emphasis on food
  self-sufficiency should go hand in hand with land
  reform or securing rights to land.
• Negative consequences of globalization and
  climate change receive urgent attention from
  international agencies.

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Way forward

• Foreign investment on land should not compete
  with farmers access to land, water and other
  resources and should not hamper local food
  security and environmental conservation.

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On behalf of the poor farmers of NepalThank You