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Land and Tenure Initiative in Nepal 7 th –8 th November, 2017 Shristee Singh Shrestha Land, Property and Gender Officer UN-Habitat, Nepal

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Land and Tenure Initiative in Nepal

7th – 8th November, 2017

Shristee Singh Shrestha

Land, Property and Gender Officer

UN-Habitat, Nepal

Nepal

Nepal is a mountainous country due to which one of the major challenge of land is its topography.

Background

• New constitution in September 2015,

• Nepal was declared as a federal democratic republic and has gone through State restructuring.

• Massive earthquake occurred in April, 2015 which added further complexity to the existing complex land governance in Nepal.

• 14 districts were severely hit - nearly 9000 people were killed,

• For reconstruction and rehabilitation, 3 major issues were identified-

i). Relocation of hhs from the identified vulnerable sites,

ii). Integrated settlement planning and

iii). Secure tenure for informal and non-formal tenure holders.

• Then, a Fit-For-Purpose Land Administration was felt necessary.

GLTN Work in Nepal

“Support to Land Reform and Land Tenure Initiative in Asia-Pacific”

Objectives:

1. To support implementation of land reform inNepal.

2. Support improvement of earthquake recoveryand resilience and tenure security for affectedcommunities for sustainable livelihoods in at least3 affected villages in Dolakha district within theVGGT’s framework and GLTN objectives.

To support implementation of land reform in Nepal.. i). Support reviewing and

refining the draft Land Policy.

- Formed steering committee -(Chair- MoLRM Secretary. Members- Joint Secretary MOAD, MoFSC, MoLJ, MoLDF); and working committee-(chair- Joint secretary of MoLRM, also CSRC, a member)

- 7 Local level consultation

- 6 Provincial level consultations

- National level consultations

ii). Research on the existing typology of locally present and existing tenure forms.

Kanchanpur, Bajura

Mustang, Kashki

Makwanpur, Dolkha/Rasuwa, Sindjupalchok

Morang; Jhapa Panchthar

Sarlahi, Mahottari, Udaypur

Rupandehi, Palpa

Dailekh, Rukum

Tenure Types

Formal

Raikar

Gutthi

Government Land

Public Land

Customary Informal

has social and legal basis, but not yet

formally registered and legally recognized

Customarily recognized

Informal Tenure

Social and legal basis but not

formally registered and legally recognized :

Ukhada, Jhora, Balbitauri,Gaun Block, Swabasi,Benisaal, Chhut Darta, Ankada,

Socially recognized but no legal basis:

Bagar, Parti, Ailani, Bedartawal Mohi, Abyabasthi Basobas, Napi Chuut,

No social and legal basis:

Parti/Ailani, Bedartawal Mohi, Abyabasthi Cheetra

iii). Development of a strategy for implementing Fit-For-

Purpose Land Administration

- Consultation with the national and international land experts.

- Suggest the appropriate spatial, legal and institutional Land administration framework in our present federal structure and to implement the land policy developed.

Support improvement of earthquake recovery and resilience and tenure security for affected communities for sustainable livelihoods

i). IVR of informal & non-formal tenure using STDM to secure tenure of beneficiaries and to facilitate them for accessing the housing reconstruction grants

- Site:-Phullappa

- According to RRA:- 734 hhs

- Inhabitant:- Thami & Tamang indigenous people, Hill Dalits like Damai & Kami &other Dalits like Kushle & Kasai from the Newarcommunity

Cont.…..

- Almost 95% HHs are unregistered tenants and depend on subsistence farming

- Almost 80% insufficient production; depend upon manual labour or other forms of low wage income

- Almost all houses in the area are either collapsed or damaged

• Progress:

- HH information are collected and simultaneously entry in STDM

- Information on the farm land using Satellite Image.

ii). Relocation of vulnerable settlement to safe sites

- Relocation from Boshimpato Panipokhari

- 84 vulnerable HHs were temporarily shifted to Panipokhari

- Inhabitant:- Thamiindigenous population, hill dalit & sherpa.

- Supported to make this site as government pilot site.

- Progress-Survey & settlement planning, provision of tenure/ title of current land and use of old site for livelihood

- Exploring for any support in constructing their houses with various organization

Cont.…

New Settlement Plan in Panipokhari

iii). Development of Integrated Settlement Planning (ISP) as “Build Back Better” community

- Dihi and Phashmi villages in Bhimeshwor Municipality-220 HHs affected & approached to provide technical support for integrated settlement planning

- Support in land consolidation, settlement planning and land readjustment.

- Homogeneous in terms and ethnicity and economic conditions

- Title of their land

- Progress: HH survey, Data entry in STDM, started initiation for ISP.

Developed Handbooks

• Household Survey Questionnaire Handbook

• GPS Handbook

• Household Questionnaire Data Entry Handbook

• Visual Boundary Handbook

• Farm Digitization and Farm Data Entry Handbook

Major Challenges in its implementation

• Post disaster situation

• High expectation from communities.

• Lengthy process of implementation of GLTN tools.

• Political transition

THANK YOU.

Shristee Singh Shrestha

UN-Habitat Nepal

Email: [email protected]