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English - Support to Participatory Constitution Building in Nepal ...

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Address<strong>in</strong>g land-based discrim<strong>in</strong>ation<strong>to</strong>ol <strong>to</strong> ga<strong>in</strong> political leverage <strong>in</strong> dur<strong>in</strong>g the negotiation. If the <strong>in</strong>fluentialmembers of political parties have been significantly affected, there is thepossibility of strik<strong>in</strong>g a deal. In many cases, properties seized dur<strong>in</strong>g theconflict have been ‘redistributed’ <strong>to</strong> the ‘landless’. Any forceful evictionalso has the potential <strong>to</strong> erupt <strong>in</strong> violence which could easily escalate anddestabilise peace process as happened <strong>in</strong> Dudejhari, Kailali <strong>in</strong> late 2009.Consequently, there is <strong>in</strong>creas<strong>in</strong>g acknowledgement that the restitutionof property should be l<strong>in</strong>ked with a wider solution of land reform.Land reform commission formed <strong>in</strong> 2008 could not complete its workbecause of change <strong>in</strong> government. A new commission formed <strong>in</strong> 2009ignored the tasks completed by the previous commission. Though thesecond Land Reform Commission (formed <strong>in</strong> 2009) submitted its report, itis politically debatable because the UCPN (Maoist), the largest party <strong>in</strong> theConstituent Assembly, is not represented there. It is clear that land reformis an area of contested political <strong>in</strong>terest. A land reform policy designed<strong>to</strong> reduce poverty and promote social justice could look very different <strong>in</strong>practice from one designed <strong>to</strong> <strong>in</strong>crease <strong>in</strong>vestment <strong>in</strong> land and agriculturalproduction, or one designed <strong>to</strong> conserve natural resources. In practice,promot<strong>in</strong>g structural change <strong>in</strong> an area like this needs an approach thatgoes beyond what any government is able <strong>to</strong> deliver on their own. There isa need <strong>to</strong> build consensus among national stakeholders <strong>in</strong>clud<strong>in</strong>g politicalparties. Such a consensus could then pave the way for an effectivedesign<strong>in</strong>g of a new land policy. So far, reach<strong>in</strong>g this consensus <strong>in</strong> <strong>Nepal</strong>has not been possible <strong>in</strong> the case of land reform.7. Equity and justice<strong>Nepal</strong> is characterised by its diversity <strong>in</strong> terms of class, caste, ethnicity,gender and geography. The distance or gap created and ma<strong>in</strong>ta<strong>in</strong>ed bythese dimensions are act<strong>in</strong>g as obstacles or negative forces. This diversity(mutual respect and relationships) needs <strong>to</strong> be addressed properly. Ifany element or aspect of national <strong>in</strong>tegration is not addressed or somealternation occurred <strong>in</strong> any one element, the whole system might beru<strong>in</strong>ed. It means that state build<strong>in</strong>g cannot be achieved at all, until andunless there is equal foot<strong>in</strong>g <strong>in</strong> the all dimensions of national concern. Theeconomic class dimension is one of the prom<strong>in</strong>ent issues of state build<strong>in</strong>g.There have been observable changes occurred temporally <strong>in</strong> gender,caste, ethnicity and geographical dimensions. But, class dimension, i.e.production relation, has not changed for a long time despite variousattempts on land reform. Hence, there is still a tendency of cont<strong>in</strong>uation162

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