Summary
- We are not an opposition; regardless of government changes, we are the implementing body of policies and regulations.
- The rule of law must not be subject to anyone’s mood.
- The certification process is ongoing. Using force without completing the cost collection and certification of squatter settlements is unlawful.
The government has set a goal to complete the digital certification of landless people within 60 days and to provide land to genuine squatter settlers within 1000 days. Within one month of the government led by Balendra Shah being formed, evictions began in the squatter settlements of Thapathali, Gairigaun, and Manohara to initiate the cost collection and certification process.
The Land Problem Resolution Commission, established to provide land to landless Dalits and squatter settlers as well as to manage unplanned settlements, appears to be at odds with the federal government. Both sides seem to prioritize their own interests over the problems of over 1.2 million landless people. OnlineKhabar journalist Sant Gaha Magar interviewed the chairman of the Land Problem Resolution Commission, Hariprasad Rizal, about the government’s recent actions and land issues.
Why did you issue a statement right after the government began evicting some settlements?
There is a legal framework for operating the Government of Nepal or any state structure. That framework is the Constitution and the law. We must operate according to that. It is necessary to inform the public about such legal procedures of the government.
Currently, we are at the Land Problem Resolution Commission. As its chairperson, I have noticed that government activities have raised public concern, and it is our responsibility to provide factual information. We should have issued a statement earlier, but the government did not officially notify us. Although the legal responsibility to resolve land problems was entrusted to us by the government, the lack of formal communication prevented us from issuing an earlier statement.
However, when the government used force to displace squatter and unplanned settlements along the Bagmati riverbank and in various parts of Kathmandu, Lalitpur, Bhaktapur, and other places, public concern intensified. Particularly, the affected parties—landless Dalits, squatters, and unplanned settlers—approached us with questions. To clarify those, we decided to issue a statement.
Another important point is that no action should contradict the law — this is a matter of legal respect and recognition. The government’s current actions are not aligned with the law. Therefore, we issued the statement to inform the public that such actions are inappropriate.
The statement reflects some apparent lack of coordination between the commission and the federal, provincial, and local governments—what is your take on that?
The Government of Nepal has assigned us a three-year term to carry out this mandate. This commission was formed by the government’s decision and is established under the Constitution and the law.
However, after the protest on Bhadra 23-24, we faced obstacles. The then government of Sushila Karki dissolved the commission. We filed a writ and went to the Supreme Court, which issued an interim order declaring the dissolution unconstitutional and illegal. The commission was reinstated, and we resumed work.
Despite this, coordination with the government has not been smooth. After the election, a new government came into power, but we have been unable to meet ministers to discuss progress and problem-solving.
The government is obstructing our work. It is improper for one government to remove or pressure an appointed commission to resign. If there are issues, why not provide a path to collaborate with the government?
This country is democratic and governed by Constitution and laws. The Supreme Court has already decided that a functioning commission cannot be dissolved. The government must allow it to work.
Therefore, it is impossible to demand resignation without consultation with us. Even on social media, calls for Balendra Shah’s resignation are not appropriate. Dialogue is necessary to resolve the issues.
You previously said that evacuating the Bagmati, Manohara, and Gairigaun settlements was unconstitutional and illegal. Can you elaborate?
The Constitution guarantees citizens’ rights and the right to resolve problems. Article 16 ensures the right to live with dignity; Article 18, equality; Article 25, property rights; Article 36, food rights; Article 37, housing rights; Article 40, rights of Dalits; Article 42, social justice; and Article 43, social security.
Additionally, under Article 51, there is a guarantee to provide agricultural land or employment to squatters and the landless. Given these rights, using force to evict squatters and landless people without notice is wrong and illegal.
There are over 98,000 landless Dalits and more than 180,000 landless squatters in Nepal. Proper management of all of them is the government’s responsibility.
The government claims, ‘We are working on these issues.’ What is your response?
I say the rule of law cannot be swayed by anyone’s mood. The certification process is ongoing. Using force without completing the cost collection and certification of squatter settlements is unlawful.
The Prime Minister leads a government with a two-thirds majority. If new laws or amendments are needed, they can be made legally. But that has not happened yet.
What does the certification process entail?
Our country has three tiers of government, each with powers defined by the Constitution. To resolve landlessness and squatter issues, the central government formed the commission and passed land-related acts. The local governments are responsible for certification and identification. Data on land-related problems of over 1.2 million individuals has already been collected.
The process begins at the rural municipality’s land office, where applications start. Next, applications are submitted at the ward level, and facilitation committees are formed. Then, at the municipal level, public notices are issued and disputes resolved. Afterward, the type of land is identified, and decisions are made. Cross-checking occurs at the land revenue and surveying offices.
Finally, survey teams visit villages, public notice is posted, and after an advertisement, any opposing claims are addressed. Then the land revenue office subdivides parcels and prepares ownership certificates.
What about unplanned settlers aside from landless Dalits and squatters?
Unplanned settlers are individuals who have land or ownership elsewhere but reside on public land. They must have lived continuously since before Magh 28, 2066 BS. They are entitled to up to four annas (1/16) of land, or up to 29 ropani if agricultural land, for which they must pay specified revenue.
What revenue must they pay?
They must pay 10 percent of the land’s assessed government value as revenue, or 5 percent for up to five ropani.
So far, we have collected approximately 116 million rupees in revenue. This benefits the national treasury and enables unplanned settlers to receive ownership certificates.
Is there a risk that powerful individuals might seize squatter land?
This concern is prevalent. Initially, I also suspected it. But departmental investigations revealed this is rare. Most occupants have possessed their land for decades.
However, the Kathmandu Metropolitan City used force without permission, which is illegal.
The former mayor of Kathmandu Metropolitan, now the Prime Minister, should ensure local governments conduct certification and work properly.
How many ownership certificates has the commission issued so far? When can the problem be fully resolved?
Only 9,012 ownership certificates have been distributed because staffing and regulation formulation were delayed initially.
We assumed office in Kartik 2081 BS and formulated plans after elections. Some bills have failed, and protests have impeded progress.
There are disputes between national park regulations and residential areas that require amendment.
We are prepared to proceed once all policies and regulations are in place. If the government provides an enabling environment, our goal was to distribute 500,000 ownership certificates by the end of Ashar.
I reiterate that no work should proceed without legal compliance.
How old is this commission and how does it differ from others?
This is the first commission established with authority under the Constitution and law. Previous commissions were temporary, formed by ministries or governments.
There are 86,400 incomplete ownership certificates issued by earlier commissions.
We aim to complete the work on an interim basis. If undisturbed by the government, we can finish 80-90 percent of the task.
Why has this issue taken so long to resolve?
The 30-year Panchayat system and the manner in which commissions were formed and operated worsened the problem.
Now, the constitutional framework will help solve this issue.
The municipalities have 86,400 incomplete ownership certificates.
This is a sensitive matter; people must never be evicted without prior notice.
The state should not create fear among citizens.
You mentioned that noticeable impact will be seen in 6-7 months—is that a threat?
This is not a threat but a reality. Sudden displacement causes distress.
The government should manage evictions with proper notice and consent.
Evictions or management should only occur after local governments complete certification.
The government is evicting settlements outside the province. What solutions do you suggest?
The government’s vision aims for quick solutions. However, haste is not good either.
The 103-day certification process is designed to prevent land misuse. There is strictness to block false claimants.
Cooperation among the government, commission, and all political parties is necessary to change policies and regulations for a faster resolution.
Only with peaceful efforts can the country’s problems be conclusively addressed.
Photo/Video: Shankar Giri
