The ninth national council of the National Land Rights Forum held in Chitwan, Bharatpur-Thimura has issued the Chitwan Declaration. The declaration was issued on Thursday after the council, which began on Tuesday, focused on reviewing the past for two days and planning for the future. The forum has demanded the government to immediately implement the constitutional rights related to land rights.

The first point of the declaration states that ‘the constitutional rights related to land rights are inextricably linked to the entire family deprived of land rights, so the state should implement them with priority’. The forum has reminded that Article 40 of the Constitution of Nepal provides for the provision of land for housing and agriculture to landless Dalits under the Fundamental Rights Act.

The forum has stated that Article 51 of the Constitution mentions the issue of ending dual ownership of land and carrying out scientific land reform, Article 36 mentions the right to food, and Article 37 mentions the right to housing. The second point of the declaration demands that the Land Problem Resolution Commission be created to work effectively.

The forum has demanded that the land management campaign for landless Dalits, landless squatters, and unorganized settlers, which began after the change of 2046 BS and the establishment of a multi-party political system, be given an effective role instead of being resolved for such a long period of time, instead of being resolved, be given more and more complexity, saying that the forum has also demanded the formation of a ‘Mohi Problem Resolution Commission’.

The forum is of the view that since the constitution calls for ending dual ownership of land and carrying out scientific land reform with the interests of farmers as the center, the problems of both registered and unregistered tenant farmers should be resolved. Since the existing government structure does not seem to be able to resolve the problem, the forum is of the opinion that a fully empowered commission including tenant farmers and stakeholders should be formed.

The fourth point of the manifesto mentions the risks posed to farmers by climate change. The forum demands that ‘landless, unorganized settlers and small farmers who are suffering from the effects of climate change should be relocated from risky areas and provided with appropriate assistance in climate-adapted settlement and farming’. It has also been said that land in excess of the limit should be given to the landless for safe housing and farming.

‘A real record of the land in excess of the limit owned by any person should be prepared and arrangements should be made to distribute such land to landless Dalits and landless squatters’, states the fifth point of the manifesto. It has also been asked to take stock of the land taken for industrial, farm and commercial purposes but used for other purposes or unused.

‘A system should be put in place to allocate the remaining land to landless and squatter families for permanent and safe residence and cultivation,’ the forum said. In point number 6, emphasis has been placed on making a clear Guthi Act to solve the problem so that the ownership of Guthi land belongs to the farmers and forming a ‘Guthi Problem Resolution Commission’ with full authority for its effective implementation.

The forum has also demanded a strong law so that the remaining land that farmers suffering from the problem of land tenure in Rasuwa, Nuwakot, Lalitpur and other districts belongs to the farmers. The forum demands that a task force be formed to solve the problems of the villagers and that ownership certificates be distributed within two years.

The forum believes that the problems of the villagers are not being resolved due to delay, lack of clear mandates and inadequate government support. ‘For this, a clear legal arrangement should be made for this and a task force including surveyors and land experts should be formed and a village block land survey campaign should be conducted,’ the eighth point of the manifesto states.

The ninth point of the manifesto covers the issues of freed Kamaiya, Kamlari, Haliya and Harawa-Charwa. The forum has stated that their families’ access to land and livelihood are becoming more complicated. They have been separated from their old jobs and it is difficult to find new jobs, and there is no arable land or safe residence.

In this regard, the report of the special task force formed by the government under the coordination of Shyam Shrestha in the past was submitted to the government, but it has not been implemented, the manifesto states. ‘For the secure livelihood, proper residence and systematic rehabilitation of these communities, a “Badhuwa Workers Rehabilitation Task Force” should be formed as soon as possible and the process should be taken forward,’ the forum has demanded.

Despite repeated requests from the federal government, the land use plan with a clear action plan has not been implemented at the local level, resulting in indiscriminate use and commercial exploitation of land, the forum says. As this will affect the shortage of agricultural land and food security, the federal, provincial and local governments have been demanded to take immediate action to implement the land use plan.

Since Article 37 of the Constitution protects the right to housing, the forum says that the landless people in any part of the country should not be resettled without proper alternatives. The forum has demanded an end to the injustices that are going against the principle that human beings and their safety should be the first priority. It has been urged not to resettle the land they are living on without making alternative arrangements, even if it is necessary for the forest, public or state.

‘Let there be a legal arrangement for their safe resettlement elsewhere’ is mentioned in point 11 of the manifesto. In point 12, it has been demanded to make arrangements for all administrative work related to land through the local government.

Similarly, the first point of the nine-point stand states that the forum is based on the belief that ‘secure housing for all and cultivable land for farmers’. The forum is committed to providing land for landless squatters and Dalits to live and earn a living, implementing the constitutional provision to end dual ownership of land in the interest of farmers, implementing the zero-rise system, and giving ownership of Guthi land that farmers are cultivating to farmers. Emphasis has also been placed on ensuring women’s rights in land.

The forum also stands on giving ownership of land to unregistered tenants (cultivating farmers) on the basis of tillage, practically ending the Birta system, repealing, amending or creating new laws that hinder land rights, and providing birth certificates and citizenship to Nepalis without identity cards.

The five-point commitment covers issues of cooperation and reform. The forum is committed to establishing the issue of land rights as an issue of justice, prosperity and economic transformation by assimilating the new and changing political environment. A commitment has also been expressed to gradually connect the land rights movement with the new generation, and to make the campaign agile and powerful by searching, claiming and utilizing local resources.