Local Governments May Seek Legal Action If No Reconsideration on Removal of Squatter Settlements
Image source, EPA/Shutterstock
As the federal government prepares to clear squatter settlements beginning from the capital and extending nationwide, the chairperson of a local government umbrella organization has expressed concerns over panic among citizens and stated they are prepared to pursue legal battles if necessary.
“There is a contradiction in authority. While the government says it must develop standards and manpower and requests local governments to assist in cost collection, a sudden hardline attitude recently has led to confusion,” said Lakshmidevi Pande, Chairperson of the National Association of Village Councils.
“A matter falling under the shared authority of the three tiers of government should have been discussed thoroughly. The constitutionally mandated duties have not caused any disorder at the local government level.”
The federal government needs to first evaluate its activities, Pande added.
“Local governments should not blame others. However, we closely observe and understand citizens’ conditions and facilitate the federal government’s work,” she said.
“If it comes to legal remedies, we will stand on the side of the citizens and those who hope for justice.”
An official from the Nepal Municipal Association stated that while there is no outright opposition to removing squatters, the government has neglected its responsibility to protect citizens.
“Displacement should not occur before proper settlement is established,” said Bhim Prasad Dhungana, Chairperson. “Data is available with the Squatter Settlement Commission as well as local governments.”
The Land Problem Solution Commission also noted procedural violations during the removal of squatter settlements. The commission had registered around 1.2 million squatters and unplanned residents.
Despite repeated land certificate distributions by various commissions, over a dozen past commissions have failed to resolve the squatter issue.
‘An Unstable Situation’
After bulldozers demolished buildings in Kathmandu, fears of sudden homelessness have escalated, spreading the problem to various parts of the country.
Reports indicate some squatter communities in certain districts and market areas have expressed protests.
Last week, umbrella organizations of village councils and municipalities protested forced evictions during the final phase of landless Dalit, squatter, and informal settlers’ data collection, verification, and certification, calling such actions unjust.
Though political influences caused previous fluctuations in this process, the new government was expected to systematize it. However, the situation has reportedly become more chaotic, according to Chairperson Pande.
“What we are clear about is that we will enact laws within our authority and operate accordingly,” said Pande. “We will coordinate where there is scope with the federal government, but the federal government must carry out its responsibilities.”
Image source, EPA
According to Prime Minister Balendra Shah, some provisions of the Land-Related Act 2021 that impeded long-term solutions to squatter problems have been removed through recent ordinances.
He also mentioned that efforts have started to digitally collect, certify, and compile records of genuine landless citizens.
“Now, the government is moving forward on identifying the real status of the landless and seeking an organized, transparent, and sustainable solution,” wrote Prime Minister Balendra on social media. “Arrangements will be made for the secure and systematic relocation of those living in unsafe places.”
However, Municipal Association Chairperson Bhim Prasad Dhungana stated that deploying the military for squatter removals currently does not seem like a positive sign.
Hope for Improvement
Following clearance of squatter settlements in Kathmandu and the issuance of instructional letters from some district administration offices to local governments, local bodies have grown increasingly concerned.
“Chief District Officers have no authority to instruct local governments. The constitution provides for cooperation, consensus, and coexistence—directives have no place,” said Dhungana.
“This issue appears to have arisen because there is no two-thirds majority government at present,” he added.
Image source, PMO
After umbrella organizations of village and municipal councils issued a joint statement opposing forced evictions, district administration offices have begun consultations, which Dhungana views as the start of improvement.
“We will support that and hope a situation requiring legal action will not arise. Yet, some actions have raised fears of jurisdictional interference.”
The Ministry of Federal Affairs and General Administration has been sending correspondence to local governments, indicating progress towards procedural order, he said.
“That ministry is our highest authority, and we have not rejected the need to work within legal frameworks. Our shared goal is to protect public property and remove those illegally living under the squatter category.”
Since the protection of public property is a right granted to local governments, Dhungana emphasized that his primary concern lies with the nature and method of the work.
Image source, EPA
Chairperson Pande of the Village Council Federation pointed out that local governments can only act within their respective areas and stated they do not have land-related authority.
“Therefore, the federal government must coordinate. Right now, the problem is stuck with land acquisition,” Pande said.
“However, we have taken responsibility for squatter classification. The process will begin by forwarding data to the commission.”
Local officials indicated that offices such as Survey and Land Revenue could be included in this process.
“We cannot stop or make arbitrary decisions just by giving directives,” Pande added.
To watch the video version of this news, click here. You can also follow us on Facebook, Instagram, and Twitter. Additionally, the Nepali language program is available from Monday to Friday at 8:45 pm on the radio.
