The issue of human rights of squatters

The government, which won the trust of the people by saying, ”Let me speak, government,” did not seem to respect the minimum human rights and constitutional rights of the squatters.

Baishak 27, 2083

Ritesh Panthi

The issue of human rights of squatters

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

German-American writer Charles Bukowski has said that most people only think about injustice when it happens to them. Now some people think that squatters are only squatters in name. It is not without basis to confirm that. However, the real suffering of squatters is now in the shadows.

It is right that the Balen government is trying to manage the squatters, but the method adopted shows immaturity. Now the victims are dying of psychological terror and pain. Human rights have been violated. Using miking and dozers without giving the squatters enough time is inhuman and immature. Similarly, the dozer terror has also caused injustice to other local landowners besides the landless. Some have had to affix red documents at their homes. Who will take account of this? 

The situation of landless squatters
According to Section 52 (b) of the Land Act, 2021, a landless squatter is defined as ‘a person who does not own land or land belonging to him or his family within the state of Nepal and is unable to manage the land through his or her family’s income, resources or efforts, and the term also includes the family members on whom he or she is dependent.’ 

It is said that the government does not know how many squatters there are in Nepal. Now, the local level through the district has been asked to come up with real figures. Dozer terror has been unleashed across the country without adequate preparation. Article 40 (5) of the Constitution of Nepal, under the fundamental rights of Dalits, states that landless Dalits will be provided with land once. Clause (6) states that the state has the right to housing for homeless Dalits. Will the government, which is said to apologize to Dalits, show its readiness to provide housing and land to Dalits?

It is said that the government itself does not know how many squatters there are in Nepal. Now, the local level has been asked to come up with real figures through the districts. Dozer terror has been unleashed across the country without adequate preparation. Under the directive principles, policies and responsibilities of the state in Part 4 of the Constitution, it is said that landless squatters will be identified and provided with houses and arable land for livelihood according to the policy on social justice and inclusion. Therefore, the Balen government should identify the real squatters and provide them with suitable housing and living conditions. 

The question of human rights violations
Even though the government has shown readiness under the action plan for governance reform, the government that came after winning the trust of the people by saying 'Let the government speak' has not respected the minimum human rights and constitutional rights of the squatters. Similarly, there is a situation where it is not even able to provide good care, housing and food. Dozers have been operating in the schools of the students studying there. Their contact with the schools has been severed. Similarly, there is a situation where landless squatters are looked down upon and their privacy is not taken into account.

Women have suffered even more in the shelters set up for squatters. The fundamental rights and freedoms of Dalits, indigenous people, senior citizens, people with disabilities, children, women, workers, and sexual and gender minorities among the squatters have been violated prima facie.

The government's actions have not been found to have taken into account the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), and the Convention on the Rights of the Child (1989), which Nepal has signed and ratified. The right to live with dignity under Article 16 of the Constitution of Nepal, the right to property under Article 25, the right to housing under Article 37, the right to Dalits under Article 40, the right to education under Article 31, and the right to social justice under Article 42 have been violated.

Now, not only houses have been destroyed in the name of landless squatters. People's livelihoods and society have been destroyed. Lifestyle has been destroyed. Similarly, bulldozers have been used in schools, temples and monasteries. It has affected the education of students and the cultural and religious rights of citizens. What kind of peace did Prime Minister Balen, who wished on Buddha Purnima, wish for by demolishing the monastery in Balkhu on the same day? Now, when the Class 12 exams are over, it does not seem to have taken care of the mental health of the students there.

The state, which has made the people of Sukum feel like sheep and goats in a barn and strictly prohibiting anyone from entering there, seems to be keeping prisoners in a security circle. Now, education and psychological counseling should be given the highest priority to children. What happens if the impression that their home has been destroyed remains in the minds of children? No attention has been paid to this. The government is supposed to do mature work, not crude work. 

Squatters in government governance reforms
According to the decision of the Council of Ministers on 13 Chaitra 2082, under the '100 Agenda for Governance Reforms', point 91 has been said to 'complete the collection and verification of integrated digital data of landless squatters and unorganized settlers across the country within 60 days and resolve the problem of landless squatters and existing settlements within 1000 days. For that, it has been said to conduct a household survey in coordination with the local level, implement clear criteria (cut-off date, income level and other property ownership) for identifying the actual beneficiaries, update the records of public, public and Guthi land, map and prepare a GIS-based digital database, provide land to the identified actual squatters in a phased manner or alternatively arrange for rehabilitation through integrated housing in dense urban areas. It has been said to operate a public dashboard to make the land distribution and rehabilitation process completely transparent and to coordinate, monitor and implement the entire program under the direct supervision of the concerned ministry.

Similarly, point 92 states that ‘to protect public land and control encroachment, prepare digital records, strengthen the monitoring system and immediately start the work of removing illegal land, strictly prohibit new encroachments and launch a special campaign to remove illegal occupation. As per the report of the High-Level Inquiry Commission on Nepal Children’s Organizations (Haribabu Commission), an investigation into the encroachment and embezzlement of children’s organizations’ land has been initiated within 15 days.

Prime Minister Balen, giving clarification through Facebook, has assured that there will be a sustainable solution for the squatters. Millions of squatters across the country expect the current government to solve their centuries-old problems. Therefore, it is sustainable and meritorious for the government to act humanely and responsibly.

Conclusion
Although development and beautification of the city are important, development without a ‘human rights-oriented approach’ may not be sustainable. While Balen's move may have served an administrative purpose of protecting public land, the current legal and ethical challenge is whether it has thwarted the 'fundamental and human rights' of citizens.

(Panthi is a lawyer. He is pursuing a master's degree in human rights and gender justice)

Ritesh

Link copied successfully