The Indigenous community of Chepangs in Nepal are still in the fight for the recognition of their right to own, manage and develop their traditional lands, territories and resources. Whilst, there have been advocacies made on their behalf, the relationship between indigenous communities and the land rights is still at risk.
Chepang communities have managed to conserve the environment for generations through their deep connection with the land. In return, the flora, fauna and other available resources in their surrounding areas have helped them sustain their livelihoods and nurtured their communities.
The connection with their traditional lands is a significant part of the identity of the indigenous community. The discrimination and underdevelopment they face are caused by losing lands they should have had inherent control over. And it is high time that the Chepangs have access to land rights.
Nepal has reformed its constitutional and legal systems in response to calls from indigenous movements in recent years. But, the journey to the legal recognition of their right to the protection and control of their lands, territories, and natural resources, languages, cultures and identities has been slow and complex.
Many Chepang families did not receive the government grant even though it was on the list of beneficiaries due to a lack of land ownership papers.
Land Legality Issues during SRDP
The legal issue of land rights inevitably arose during the Shangri-La Reconstruction and Development Project (SRDP). After completing the planning stage of SRDP, it was time for settling the formalities of land ownership before the construction could start.
The ensuring of proper land ownership papers for the house owners was necessary. There were risks awaiting if the SRPD had commenced without the land ownership papers. Thus, SRDP staff liaised with government institutions to support beneficiaries through the process of acquiring land ownership papers.
In many cases, the probable house owners had to apply for the citizenship certificates, obtain the lost documents and resolve property rights disputes before moving forward with the construction work.
For the Chepangs of Kailash Rural Municipality, the issue had no precedence. Lack of resource ownership speaks for the living conditions of the Chepangs (82% of the Makwanpur beneficiaries). Thus the acquisition of land ownership rights for 53 people (most of them Chepang) is of historical significance. One SRDP staff assisted one person on average per day to acquire land ownership rights.
The journey from Landless to Land Owner
Having lived in Kailash Rural Municipality – 7, Sarsi, for fifty years now, Durga Bahadur Praja still does not have a land ownership certificate for lands he rightfully inherited from his father.
With Durga, age 56, and his wife Sanu Kanchhi, age 51, three generations live together in the same house without a land ownership certificate.
Consequently, following the earthquake, the SRDP team approached Durga, and everyone involved agreed to house construction, but the lack of a land ownership certificate became an obstacle.
Durga and his family have lived in Sarsi for over fifty years after migrating from Khairang, located in a day’s distance from Sarsi.
He lives on land his grandfather bought, but the unfortunate thing is that he still does not have land ownership papers for lands he had inherited otherwise.
To inherit the land that rightfully belongs to him, now Durga Bahadur only has the option to pay for it. Had Durga had land ownership papers of lands he had been living in for fifty years, he need not buy another land to build a house under SRDP.
SDA came along with its strategy to build houses for owners on land they have ownership over. But,
After finding out the absence of a land ownership certificate in the case of Durga, SDA requested him to buy land so that they could build a earthquake resistant house for him on a land in his name.
SRDP is a project that stands out for its accomplishment with the help of everyone involved. Thus, the team helped Durga get his land ownership papers for the land to build a house on it.
While the houses built under SRDP standstill, Durga and his family do not live much there. The house built under SRDP occupies most of the land and starting to live there would mean leaving the old house. Leaving the old house would not be a problem as much as leaving the fields barren and the livestock hungry.
If Durga had land ownership papers for the land he was already living in, he would not have to experience the dilemma of choosing between the two houses.
The house built under SRDP is earthquake resistant and stands on land Durga legally acquired the land ownership rights but has little to no space for cultivation and rearing livestock. On the other hand, the land he should have right over comprises all the aspects of his livelihood.
Durga recalls his memory of buying a different land and considers it the right decision since he legally does not have any control over the land he has lived in for fifty years.
So, should the worst-case scenario occur and his family and he needs to move out, Durga will still have a house. A house on the land he has legal ownership over, precisely.
The house built under SRDP has become a much-needed hope for Durga and his family. While it is merely anything granted the hardships they have endured, they at least have a place they can legally call home.
“SDA made it possible to acquire the land ownership certificate”, Durga further adds, “the SRDP team brought along the government representatives to ease accessing land ownership papers for me.”
He dues credit to SDA for getting his land ownership papers and says he did not receive any help from other authorities.
With his lived experience as a landless person, Durga understands the importance of land ownership. Having a piece of land in your name is a privilege. You can sell it whenever you want and migrate should you choose to.
But, Durga Bahadur cannot sell the land he practically inherited from his ancestors and has lived almost all his life due to the lack of land ownership.
“I will never forget the day I received my land ownership paper”, Durga reminisces excitedly.
The land where Durga Bahadur has a house built under SRDP is of 1 kattha he had bought for Nrs. 15000. Besides land, the whole process of acquiring land ownership papers cost him Nrs. 40000.
“But I am happy because now I have a home on a land in my name”, Durga shares with a content smile.
Life turned a full circle for Durga Bahadur recently, who came to Sarsi when he was around five and now he has a grandson who is five. But his full-circle moment is yet to be met with the fulfilment of ownership of the land.
Durga Bahadur sustains his life on lands that should have been his, but the saddening reality is that the land could never be in his father’s name and most likely will not be his son’s either.
Four generations have lived in lands that none of them has legally owned. It speaks volumes about the ostracization of indigenous communities whose identity practically aligns with lands.
Durga’s father had bought the land where he lives, but there is no payment receipt as proof from that time. The actual owner has asked Durga Bahadur to pay for lands at the current price. But Durga Bahadur cannot afford to pay such an amount.
He has not received any help from responsible government authorities. Although thoughts of reaching out to responsible government authorities have crossed his mind, Durga is unaware of where to go and whom to meet.
Who is going to listen to the struggles of a 56-year-old Chepang?
“My sons will essentially inherit lands from me otherwise but legally, the same way I did from my father,” Durga sighs as he thinks of the future of his descendants.
Not having land ownership papers has restricted Durga Bahadur from splitting his property legally among his children. Moreover, he cannot sell the land and move to another place.
Not that Durga wants to migrate to someplace new, but having a choice for it to occur in the first place is liberating. Importantly, not having the land ownership papers also means being stuck in the same place for the children of Durga and the generations that follow.
The harsh reality is that Durga represents many indigenous and marginalised families who do not possess land ownership papers.
Alas, ironically enough, the fight of indigenous people for land ownership continues.