Lesson learn from Nepal :Peace process a claim for Nobel Peace Prize

Current Status of Politico-Economy

From guerrilla war to government

https://www.coverstory.info/article/1175/from-guerrilla-war-to-government

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Land and Leadership in Nepal

Khimlal Devkota

Senior Advocate/Constituent Assembly Member and PhD Scholar, Central Department of Anthropology,

Tribhuvan University, Kathmandu, Nepal 

Abstract

Land and leadership are interrelated words both are political. Land and leadership are related with conflict and root cause of conflict too. In this article deals especially post conflict countries land management systems. The article is focuses on Nepal case including few examples of post conflict countries of the world. History of land reform with reality check of Nepalese context. Proper land use policy is a best means of solution of conflict is a key massage of the article.

Key words: Land, Leadership, Comprehensive Peace Accord, Conflict, Conflict resolution, Land use policy.

Introduction

Land and leadership are independent words. Both of them derive with different meanings in different time, space and context. Though in Nepal, land and leadership both words are directly link with politics. Leadership, no matters, it is politics and the land is as property. The property is a main basis of class division. The question of class is always though issue of the politics. Therefore, in this article I would like to justify the relationship between land and leadership based on our historical development of Nepalese land system with the reference of Comprehensive Peace Accord. Literature review is a basis of the writings.

Meaning and definition of land:

About the land is a nature gift asset to the people. It is a major source of public property. Naturally peoples are gifted the lands and by cultivating, by buying and selling peoples are making their life easier and comfortable one. Land has its legal, economical, natural and social meanings.  Specifically, according to Black’s Law Dictionary, land is in the most general sense, comprehends any ground, soil, or earth whatsoever; as meadows, pastures, woods, moors, waters, marshes, furzes, and heath. The word “land” includes not only the soil, but also everything attached to it, whether attached by the course of nature, as trees, herbage, and water, or by the hand of man, as buildings and fences. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance. (Black's, 1993)

According to Oxford Living Dictionary, land is the part of the earth’s surface that is not covered by water. ’The reptiles lay their eggs on land ‘after four weeks at sea we sighted land’. According to oxford Dictionary of Economics, land is “a natural resource employed as a factor of production. Land is used in economic activity in a variety of ways: for growing crops and keeping animals; for extracting minerals; and to provide sites for buildings and for transport and leisure facilities. Land as provided by nature can be changed by human activities: agricultural land can be improved by fertilizers and drainage, or ruined by erosion.” (Oxford Dictionary of Economics, 2012)

Meaning and definition of Leadership

Political leadership is a concept central to understanding political processes and outcomes, yet its definition is elusive. Many disciplines have contributed to the study of leadership, including political theory, history, psychology and management studies. Political Leadership reviews the contributions of these disciplines along with a discussion of the work of classic authors such as Niccolo Machiavelli, Max Weber and Robert Michels. [https://www.e-elgar.com/shop/political-leadership] 

According to encyclopedia the meaning of leadership is the abilities, qualities and behavior associated with the role of group leader. This role may be conferred on individuals because of personal characteristics and experience, or through tradition and/or position occupied. However, contingency approaches to leadership haveled to awareness that effective leaders are not so simply by virtue of specific characteristics orbehaviour, rather, different styles of leadership (e.g. task-oriented v. relationship oriented) are required by different situations.[https://encyclopedia2.thefreedictionary.com/leadership]

Inter-relationship between land and leadership

Land so pervasively underpins human activity that it usually plays some role during war and civil violence. Land-related issues figure into many violent disputes around the world. [1]Land and leadership are interrelated concept. Land is a primary element of civilization. Along with the civilization value of land has developed. Civilization has been started from savagery, barbarism and nomadic and pastoral stage. During the time of pastoral and agrarian. Agragarian age the importance of land has increased and leadership of the societies has been taken differently. From the very beginning, the land has considered as a source of revenue for the government. For the people land is a tool of livelihood of daily life. Politically society has been developed from savagery barbarism feudal capitalistic and socialist stages. Largely society has been divided in to status quos and progressive one. Status-quos favor to feudalism and progressive forces wanted to move forward from capitalism to socialism. To dismantle feudalism and to achieve socialism through capitalism is a huge challenging task for politics and feudalism lies on land. Therefore, land and political leadership are interrelated. 

Land reform and role of leadership

We do not have exact statistics of our different categories of land. It is because of fast moving migration and changing occupations from agriculture to industrial sectors. However, we have legal limit of land-by-land reform Act, i.e. on hilly area upper limit to holdings the size of land is 7.3 hectors. In the tarai, 1.55 hectors, in Kathmandu Valley 3.75 hectors. Although we know the number of holdings above these limits has sharply decreased since 1964, we also know that an unknown number of owners have found ways to conceal the true size of their holdings by registering these under different persons or names. (Adhikari J. , 2008)

Estimation of the land holding size is that almost 7.5% of rural households still hold nearly a third of the farming area. Around half of all the other holdings are too small to live on (under 0.5 ha). Another estimation is that at least 10% of the rural population (2.3 million people or 482,000 households) have absolutely no shelter or farmland of their own land. Government is the largest landowner in Nepal. It owns all the forests and pastures although it increasingly gives communities rights to use and manage these. The biggest differences in land holding are between the Tarai, hills and mountains and between men and women. The problem is to manage land with appropriate land use policy by distributing the land to the landless from the government owned or taken from others landowners.

 Reality check of the land holding system:

About 0.5 million people are landless in Nepal and more than 60% of the total population depend on agriculture for their livelihood. Most farmers, however, smallholders own less than 0.5 hectares. Increased land grabbing, forced eviction and private interests prevailing over common ones are persistent challenges for people who live on and from the land, for land rights defenders and for civil society organizations. We need strong leaders with strong negotiation skills to initiate dialogue to fight for land rights at different levels. (http://www.landcoalition.org/en/regions/asia/blog/leadership-action)

Studies say that there are many landless in the Tarai and many more large landowners in the Tarai than in the rest of the country. Eastern Region more than other regions has proportionately more households with large farms but also many landless. Central Region has the greatest proportion of landless and marginal farms overall.

Ownership by caste is as expected higher castes own more land and rent in less. Eighty percent of Tarai Dalits and 67.4% of Danuk own no land or only a shelter. Among ethnic groups, Raji, Santhal, Jhangad, Kisan, Munda and Raute have the least land to live on. In 2001, only 14% of registered owners were women. This has risen sharply since 2007 when Government ordered that women, Dalits and other disadvantaged groups should pay lower transaction fees. Registration in the names of women nearly doubled in 50 districts in 2007/08 but most of this was probably in urban areas. (Adhikari j. , 2008)

About 16% of farming, households are registered as tenants but in practice 37% of rural households are tenants. Almost 1.5 million households are registered rest are unregistered tenants. 21% of households are unregistered and do not have the chance to acquire part of the land. Many of them cannot even get a receipt for the crop share they pay. Lack of appropriate proof most of the tenants are unable to register. Bonded labor arrangements is also land related issue. There could be up to 100,000 affected households. Around 14,000 have been provided with small plots of their own. Ex-kamaiya issue is also incomplete yet.

Absentee landlordism is extremely high but figures unknown. This is so also for areas of idle land, which could be cultivated. Usually the two go together. Many owners keep their land idle because they do not want tenants to claim rights to the land.

Land Reform in Nepal: historical development:

Nepal has been attempting to reform rural land relations for more than 50 years. This began in 1953 with abolition of the Jagir system awarding army officers and Rana family members controlling rights over land in lieu of salaries and recommendations for tenancy reform in the Tarai, put into law in 1957. In 1957-59, tax-free land grants made to noblemen over the last 100+ years (Birta) were turned into taxable private property rights and all forest and other uncultivated land made Government Land. The Nepali Congress Party partly won the first multi-party election in 1960 on the slogan ‘land to the tiller’ and although the King dismissed the government, he was forced to introduce a moderate land reform. This was laid out in the Lands Act 1964.

Land: under Panchayat led by the then King Mahendra

By dismissing the elected government and introduced party less panchayat system led by the then king Mahindra. The king was in amount pressure to do something. Therefore, he started his reform through land reform movement. After long preparation king, Mahindra announced the land reform act 1964. (Government of Nepal, 2021). The aim of the act was to modernize the system and proper utilization of land and to address the problem of the landless people. To fulfill the need of the time the land reform act started number of reform. Some of them are following:

i)                           Systematic tax collection: For the purpose of the tax collection from land during the panchayat era, they abolished the tax-collecting intermediaries in the villages and task deputed to district revenue offices; including taxable raikar land. Ceilings on farm sizes, lowered again in 2001, compensation for the surplus land above ceilings to be paid largely in Treasury Bills which holders could use as collateral;

ii)                         Systematic land management: for the purpose to systematize the land management including defining the rights of landowners and tillers the tenant rent limited to 50% since 1997 by amending the land acts. Only the written agreement considered as a legitimate for tenant system. Abolition of communal land ownership system Kipat has been abolished.  Registration of tenants, amended in 1997 to require that registered tenants be given 50% of the owner’s land. Compulsory Savings Scheme to make credit available and regulation of moneylenders; and Commission to regulate land use and consolidate parcels.

iii)                       Major legislations:

Taxation reform in 1961 abolishing Rajya (local fiefdom tax collection) and Rakam (compulsory labor) and untouchability in 1963; Land (Survey and Measurement) Act 1963 providing for a new survey and registration system; Land Revenue Act 1978 setting up devolved system of taxation and administration in District Land Revenue Offices and also declaring all unregistered land to be public or Government Land. Ukhada Act 1964 transferring Ukhada land in three Western Tarai Districts to tenants on payment of Rs 510 per bigha; Jhora Area Act 1971 enabling tenants to buy cleared forest in three Eastern Tarai Districts from absentee owners; Guthi  Sansthan (Trust Corporation) Act 1972 (amended four times), to manage State Guthi, and bringing rent and ceiling restrictions into line with other lands; National Parks and Wildlife Conservation Act 1973 bringing 19% of the country under parks and removing indigenous communities; Nationalization of Grazing Lands Act 1974 nationalizing these but allowing VDC management and fee collection; Land Acquisition Act 1977 upholding rights of landowners to claim compensation if land taken for public purpose;

After restoration of multiparty democracy: Led by party leaders

Forest Act 1993 extending the 1957 nationalization of Birta forests to all forests and providing for Community Forests to enable local access and management. Kamaiya Labor (Prohibition) Act 2002 abolished bonded labor arrangements and cancelling debts; Minimum Agricultural Wage established in 2003.Contracts Act 1999 exempting leased lands from ceilings; Finance Act 2004 giving women, Dalits, Janajati and family members of those martyred 20% waiver on registration fees.

Under Republican Interim Constitution: Led by party leaders including Maoist Party

After the decade long insurgency and popular movement of 2006 fundamental changes has made in Nepali politics. Last decade long arms struggle turned into peace through comprehensive peace accord. The conflicting parties were reached in conclusion that the root cause of the conflicts is political. The political cause has to be resolve by state restructuring and forward-looking change by socio economic transformation.  For this purposes land reform, scientific land use policy, and equal distribution of land has to be implemented. These are the political leaders have identified the task during the time of negotiation and translated into interim constitution. Contribution of the Interim Constitution of Nepal 2006 (Government of Nepal, 2006)can be described as following:

The Interim Constitution of Nepal 2007 says about land in Articles 19, 20 33 & 35. (Government of Nepal, 2007)

 (1)] Every citizen shall, subject to the laws in force, have the right to acquire, own, sell, dispose of and otherwise deal with property. (1)[2]

 (2) The State shall not, except in the public interest, requisition or acquire, or otherwise create any encumbrance on the property of any person, but this clause shall not apply to any property earned in an illicit manner.[3]

(3) There shall be given compensation for any property requisitioned, acquired or encumbered by the State in the course of enforcing a scientific land reform programme in the public interest, in accordance with law. Law therefore shall determine the compensation, the basis thereof and the procedure. [4]

(4) The son and daughter shall have the equal right to ancestral property.[5]

Comprehensive Peace Accord 2006[6]

Comprehensive Peace Accord has been signed by government and rebellion leader in 2006 to end the arms conflict. (Government of Nepal, 2006)  The State is obliged to set a common minimum program on socio-economic transformation doing away with feudalism in all its forms and keep on implementing the programme, and to pursue a policy of –

 a. implementing a scientific land reform program by doing away with feudal land ownership;

b. providing social economic security including land to the landless squatters, bonded laborers, tillers, Harawa-Charawa as well as the economically and socially backward classes;

c. according priority to the local communities while mobilizing the natural resources and heritages of the country in such a manner as to be useful and beneficial to the interest of the nation;

d. making a special provision based on positive discrimination for the minorities, landless people, landless squatters, bonded laborers, the disabled, backward regions and communities and conflict victims, the women, Dalit, indigenous nationalities, Madhesi and Muslims as well; and

e. making provision for the basic land requirement for the settlement of bonded laborers and for their education after determining the number of such laborers.

Facing land related challenges: some experiences:

Studies has revealed and analyses the sensitivities of the land in post-conflict issues. Though it is country specific however the nature is common. The commonalities of the studies has concluded as followings:

“The post-conflict period is often characterized by significant land-related challenges. There is often an acute housing shortage due to destruction caused during the course of the conflict, but also, in urban areas, due to new demands for housing by Internally Displaced Persons (IDPs), returnees and the international assistance community. Public buildings, including schools and government offices, must be evacuated and rehabilitated. Land and property claims multiply and people often attempt to secure or restore their rights. At the same time, land grabbing and illegal allocations may increase, as loyalty in combat is rewarded in the only readily available currency: land. Landmine contamination can limit access to agricultural land, forests and settlements. With the end of civil war, old alliances may end and internal competition may manifest itself through competition for land and resources. Where administrative and ethnic borders overlap, there can be new tensions and even conflict as groups seek to expand their borders, control valuable resource areas or simply consolidate their populations in order to be able to make stronger claims for state resources in the future” (Land and Conflict, 2012)

A few examples of post-conflict situations are considered hereafter. (LEMMEN, 2012)

In Kosovo there is a real challenge to manage the structural difficulties especially in the land and the people with the references to market economy. The transition to a market economy is made more difficult owing to the discriminatory policies of the last decade and the legacy of the conflict, which has left its marks on the land, the people, the economy and the hope for the future. The rebuilding of society and the physical infrastructure is proceeding. A significant milestone has been achieved with the execution of the democratic elections of 2001 and the establishment of the Provisional Institution of Self-Government in Kosovo (PISG) from January 2002. The PISG has clearly established its intention to develop sound economic and social policies based upon democratic principles as evidenced in the framework of the agreement signed between the political parties of the 28th February 2002, and further elaborated in the policy document of 2nd May 2002.

Consolidating the democratic structures, Increasing the transparency and efficiency of the administration, Improving educational standards for all inhabitants of Kosovo, Improving the quality of the health of all inhabitants of Kosovo, Promoting economic development and international economic Co-operation, Increasing employment, Establishing pension insurance & social assistance for vulnerable groups and Integrating all ethnic communities into Kosovo society, these all eight priorities represent the government focus and several of them directly impact the land and leadership. 

In Guatemala the World Bank indicates that the most is poverty of rural area affects over 75% of the population, 86% of the rural population and 93% of the indigenous population. Land issues are key for poverty alleviation. These issues include land as a property rights, and land distribution. In the Treaty of Peace, has indicates: ’… to establish an efficient decentralized multi-user land registry and cadastral system that is financially sustainable, subject to compulsory updating and easy to update…’ According to this, fair distribution and tenancy of land is one of the solutions for peace in the country, where 90% of land are not registered. (Peace Treaty, 1996)

In Cambodia, on Oct. 23, 1991 a peace treaty was signed in Paris with elections planned for 1993. Nevertheless there still exists a context in which land grabs are common, and the protection of land rights is weak. Passage of the 2001 Land Law appears to represent a break with past practice, with the Law having support from the highest levels, but how that support will play itself out in practice remains to be seen. The Land Law establishes for the first time the right of private ownership for both residential holdings and agricultural holdings and establishes a parcel based registration system. The newly created Council for Land policy still has to resolve troublesome issues. (Peace Treaty, 1991)

In Afghanistan Mr. Hamid Karzai became chairman of the Afghan Interim Authority on 22nd December 2001. In June 2002 the Loya Jirga appointed Mr. Karmai as the President of the Afghanistan Transitional Administration of the Transitional Islamic State of Afghanistan. The Administration adopted in 2002 a National Development Framework that revealed the following ambitions with respect to land: ‘…Access to land is regulated through Islamic and customary law. There is a need for a program to produce nationwide land registry and to settle disputes between individuals and groups on land. Such a registry would allow for the use of land as collateral for entrepreneurial activities’ (Peace Treaty , 2001)

In El Salvador, the civil war ended in 1992 with a Peace Treaty, followed by a National Plan for Reconstruction that has as one of the fundamental pillars the creation of a new agricultural policy, providing for security of land tenure. (Peace Treaty, 1992)

In Rwanda the Peace Treaty of Arusha 1993 between the Government of Rwanda and the Front Patriotique Rwandais terminated the genocide. Article 2 of the Treaty dictates the repatriation of refugees and the resettlement of displaced persons, giving them right to access to land. Registration of lands and certificates of land titles should provide for Land tenure security. (Peace Treaty, 1993)

Nepalese Context:

Lack of scientific land use policy: Land use policy has not formulated yet. Though number of time, it was called and mentioned in election manifesto and common minimum program of the government. The migration problem is in climax. Urbanization process has been speed up rapidly. Therefore, the land from the urban area has been used for building construction and land from rural area turned into deserted.   No policy is being policy in terms of land use policy. Land of rural area used for making road by using dozar without any engineering and designing. Most of the cultivated and fertile land has been used either building house or road. Unfortunately, settlement pattern has been changed due to land use policy.

Absentee landlordism: Due to urbanization process and modernization social life, mostly youth generations are not in rural area. Finding jobs or occupation, they are in urban area mostly in district headquarters then aboard. Agricultural based economy and rural based settlement pattern, when youth generations are in flying mood to urban then aboard the result is increase of absentee landlordism.

Unequal distribution of land: Nearly 16% of farming households are registered as tenants (541,802 households). However, it is known that around 1.8 million households were renting in land in 2001. Comprehensive but highly localized surveys suggest that up to 37% of rural households are tenants. We estimate that around 1.5 million households are tenants today. One million are unregistered and do not have the chance to acquire part of the land they farm, sometimes for decades. Many cannot even get a receipt for the crop share they pay. The threat of eviction hangs over all tenants and the tenant farming has become highly mobile over the last decade or two, farmers moving on after one or two years .

Continuation of problems of landless: The problem of landless is not a new one. Every new government job is to setup land commission and receiving the reports then nothing as a regular job. If this is the working style then continuation of problem is obvious. Land is core content of the society. It is core element of economy and it is core element of the revolution too.

Root cause of the problems: The root cause of the conflict is a land. Throughout the world almost 40 countries they are facing conflict and the main root cause is the land. Every post-conflict countries land reform issue has taken transitional justice issue including root cause of the conflict. Most of the conflicting parties agreed to address the land issue mainly equitable distribution and liberation from feudal nature of the land use policy.

Relation to Comprehensive Peace Accord:

The one of the root cause of the conflict was land. Therefore, in very popular document of the peace process the Comprehensive Peace Accord [CPA] is related with the land. Several places the land has been mentioned. The High-level land reform commission was proposed as a transitional justice mechanism. The spirit of land to the tiller, to resolve the problems of landless peoples and scientific land distribution and land use policy was expected from the commission.

Land dispute, contradictions between landlords and landless and scientific land use policy were the major issues of the Maoist led peoples war from 1996-2006. The 2006 The Comprehensive Peace Accord expected to end feudal landownership and to pursue scientific land reform. This was rightly pointed out in the Interim Constitution 2006. Based on the interim constitution and the first republican government included in the Common Minimum Programme in 2008. Development and prosperity is a challenging task of post-conflict Nepal. Scientific land reform, modernization and industrialization of agricultural sectors and invite foreign direct investment are pertinent issues.

A High Level Land Reform Commission has never been established instead of that traditional type of land reform commission. The regular types of commissions has been setup even after 2009 too. However not much tangible result in visible... Neither the commission has not been done recommended scientific land use policy nor distributes the land to landless people. Again we have a new constitution called Constitution of Nepal has mentioned about land rights and land management for whole and especially for landless peoples. (Constitution of Nepal, 2015)

Conclusion and Recommendation:

Land and leadership are interrelated issues. In Nepalese context land reform issue shape according to leadership attitude. BP koirala government has plan to land reform but the then king Mahendra take over the power by military coup then King introduces land reform campaign. Duel ownership problem are complicating the issue and badly impact on productivity. Country suffered from autocracy then whole concentration has on democracy movement. However, land reform issue is closely related with the political and democratic movement. Parties linked their program into the land reform policy but implementation is poor.

Maoist movement started based on peasant movement then land to the tiller is a popular slogan again the main objective was to establish republican rather than land reform. The slogan was that if political achievement we obtain then others minor problems will be resolve own and own. Mostly based area they tried to resolve the land problem by confiscation of absentee land, try to redistribution by equal manner and scientific land use policy but because of second priority tangible change has not been made.

As a post-conflict issue, the land has taken seriously by the struggling parties during the time of agreement. After sinning agreement parties focused on election, again the land issue subsided. Commissions has been made recommendations also has been made but due to poor implementation problems issue remaining same.

Paradigm shift has been taken place in the sector of politics. The land issue also has been equally impacted. Society has been shift from feudal to capital but the land and production relation is remaining same this is the contradiction. This contradiction has to be resolve. Substantive economy has to be change according to global economy accordingly, land relations also has to be changed.

A finally yet importantly agricultural sector has to be modernized and industrialized for the fulfillment of the slogan of prosperous Nepal and happy Nepali. For the sake of prosperity and economic development, country has to achieve double-digit growth. For this purpose, foreign direct investment has to be attracted in agricultural sector then only agricultural based economy able to contribute to the goal of economic development and prosperity.

 References

Adhikari, j. (2008). Land reform in Nepal Problems and perspectives. Actionaid.

Adhikari, J. (2008). Land Reform in Nepal: Problem and perspects. Action Aid.

Black's. (1993). Black's Law Dictionary.

Constitution of Nepal. (2015). Government of Nepal, Law book management committee.

Government of Nepal. (2007). Interim constitution of Nepal 2006. Law book management committee.

Government of Nepal. (2006). Comprehensive Peace Accord 2006. Ministry of Peace and Reconstruction.

Government of Nepal. (2006). Interim Constitution. Law book management committee.

Government of Nepal. (2021). Land Reform Act 2021 B.S.1964 A.D. Law book management committee.

http://www.landcoalition.org/en/regions/asia/blog/leadership-action. (n.d.).

Land and Conflict. (2012). Land and Conflict: TOOLKIT AND GUIDANCE FOR PREVENTING AND MANAGING LAND AND NATURAL RESOURCES CONFLICT. United Nations Interagency Framework Team for Preventive Action.

LEMMEN, P. v. (2012). Land Administration in Post-Conflict Areas.

Oxford Dictionary of Economics. (2012). Oxford University Press. London.

Peace Treaty . (2001). Peace treaty between Afghanistan and Rebilion.

Peace Treaty. (1991). Peace treaty between Cambodian Government and Rebilion. Peris.

Peace Treaty. (1992). Peace treaty between El Salvador and rebilion.

Peace Treaty. (1993). Peace treaty between Rawanda and Rebilion.

Peace Treaty. (1996). Peace treaty between Government of Guatemala and rebilion. Government of Guatemala.

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[1] https://www.land-links.org/issue-brief/land-disputes-and-land-conflict/

[2] Article 19 of the Interim constitution of Nepal 2006

[3] Article 20 of the Interim constitution of Nepal 2006

[4] Article 33 of the Interim constitution of Nepal 2006

[5] Article 35 of the Interim constitution of Nepal 2006

[6] A Document signed by prime minister and rebellion leader to end arms conflict in 2006.

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सरकारले रातारात विकास गर्न सक्दैनन ॥ Khimlal Devkota॥ Drishtikon॥

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