NEPAL: 14 Dalit families whose houses and property were destroyed by forest department may face another demolition in Saptari district 

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that on April 22, 2011, forest department officers led by their Warden demolished the homes of fourteen landless Dalit families living in a “buffer zone” of Koshi Tappu Wildlife Reserve Area. The officers came to the village in the middle of the workday when all the villagers, except one old woman, were away. The officers then destroyed the Dalits’ homes, food supply, utensils, and other items, and stole any cash they could find in the homes. The affected families were previously informed that they lived in a “buffer zone” area near the forest where people are allowed to live, whereas the Warden and district administration insisted that the families lived in a “core zone” where people are not allowed to live. However, the officers destroyed the Dalits’ homes five years after they moved there, after being forcibly displaced by their former landowner of the land they had cultivated for generations. The former landowner sold the land without giving the Dalits priority to buy it, violating the tenancy rights under the Land Act. The district administration completely ignored the rights of the affected families. A 2008 agreement by the Ministers, promising to ensure that the families not be evicted without alternatives, did nothing to prevent the eviction. This case reflects the serious consequences of the lack of coordination between the relevant government authorities. The case also demonstrates the failure of land reform, which is a major cause of increasing extreme poverty and deprivation of the right to food in Nepal.

CASE NARRATIVE (based on field visit):

[photo 1] 14 families’ houses destroyed by forest department officials

On April 22, 2011, fourteen Dalit families’ homes, food, and other property were destroyed by dozens of security forces led by Mr. Ashok Ram, a Warden in charge of Koshi Tappu Wildlife Reserve Area in Saptari district. All of the Dalit families lived in Badgama Village Development Community (VDC) ward no. 9, Saptari district. Although the Warden informed the Chief District Officer (CDO) that he was going to evict the families, neither Warden nor district administration ever discussed with the families any alternatives. Even worse, the Warden and his team destroyed the families’ personal property and stole whatever money they could find, committing multiple crimes and ignoring the basic rights of the villagers. The eviction was carried out five years after the families moved to that location in 2007.

The warden and his security forces came to the Dalits’ homes in the middle of the workday, when all the villagers, except for one old woman, were away working. That woman watched as the security forces destroyed her home and the homes of her neighbors, destroyed their food supply, destroyed their water pump, and stole their money.

[photo 2] repaired hand pump after destroyed

At 1pm, while returning from lunch, the villagers found that all their houses were destroyed, and rice, other food grains, and cooking utensils were strewn around or destroyed. None of the villagers could eat that day. Lacking shelter, they were forced to sit under the sun and sleep on the ground at night.

“For decades we lived on the land of Narayan Prasad Singh, a landlord. We used to do manual labor work. Five years ago, the landlord sold the land and kicked us out there, so we came here. We have no any other place to live. Where can we go?” (Jasomati Devi Musahar, a villager)

“We have somehow managed to find a slice of bread for food. What’s the big problem if we farm fallow land? On the other side of this place there is a settlement of rich people who use the edge of the reserve for cattle herding. The warden never bothers them. So why are we being oppressed?” (Hardev Sada, a villager)

Cash that the families kept in boxes or in their roofs were allegedly taken by the security forces, since the boxes were forcibly unlocked and nothing was left in them. The total amount of money the families lost is 88,000 Nepali rupees (1,226 USD) as listed below.

Name                                        Amount
Siran Sada                       33,000 NPR (457 USD)
Khusilal Mukhiya             23,000 NPR (391 USD)
Bijay Mukhiya                   10,000 NPR (139 USD)
Shibu Sada                      10,000 NPR (139 USD)
Jasomati Devi Sada         5,000 NPR (69 USD)

Mr. Siran Sada, one of the victims, reported the incident to the forest guard in charge of Badgama VDC. He was then arrested and was detained in police custody for two days in Sunsari district, the police headquarters. Meanwhile the police also arrested Mr. Khusilal Mukhiya who reported about the incident and the loot of cash. It is testified that he was tortured and threatened not to expose the other facts of the eviction the villagers faced. Further, Khusilal was asked to leave the place.

On May 15, the Warden and his team planned to come to the village to demolish the houses again, but human rights groups stopped them. The Warden warned that they would come to the village later to demolish the communities unless the Ministry of the Forest gave an official order to stop it. The Warden insists that the 14 families currently live in a “core zone” of Koshi Tappu Reserve Area where no one is allowed to live. However, the families as well as the human rights groups believe that the families live in a “buffer zone” area where villagers should be protected.

Neither the CDO nor the Warden has paid any attention to the rights of the residents. The Warden asserted that all but one of the families have their own houses in the previous places the affected lived, and argued that the families moved to their current location to occupy more land. However, the families had been evicted by their former landlord, infringing the Land Act, which ensures the tenancy rights and gives priority to the landless Dalits for land redistribution. The CDO also stated that the destruction of the homes was legitimate because the Warden gave prior notice. Despite the fact that the CDO has the legal authority and duty to ensure that rights are respected during such “evictions,” he has not made a proper intervention into the process.

The officers have not come back to destroy what is left of the Dalit families’ homes. However, they may return soon if the relevant government authorities (such as the Ministry of Land Reform and Management, the Ministry of Forest and Soil Conservation, and local administration) do not begin communicating.

This incident demonstrates the ineffectiveness of land reform and tenant’s rights in Nepal. The families face tremendous food insecurity, and are forced to scavenge for food to avoid starvation. The children in particular, suffer from malnutrition.

[photo 3] Children malnourished

BACKGROUND INFORMATION:

22 households have been living in Badgama VDC, ward no. 9, Saptari district near the western bank of Triyuga River by the Koshi Tappu Wildlife Reserve Area. ”Upper caste” communities such as Yadav or Chaudri live in the village, and the affected families live 7 kilometers away from the Koshi Tappu Reserve Area. 14 out of 22 households moved to public land in the same village, and others scattered to different places. They cultivate rice, wheat, sunflowers and other vegetables, all of which the officers destroyed.

The families have been cultivating the land of Mr. Narendra Prasad Singh for generations. According to the villagers, Narendra owned 22 Bigaha (35.2 acres), exceeding the maximum legal land ownership under the Land Act amended in 2002.

Their small houses had been adjacent to the landowner’s agricultural land. However, as the landowner Mr. Singh sold his land in 2005, all the families suddenly lost their livelihoods, without any notice. According to the Land Act, all tenants have the right to be informed when the landowner sells out the land the tenants cultivate. This was the only income on which they had depended.

[photo 4] agricultural land between the road and the community

The new landowner asked the families to move out and stop cultivating the land. Accordingly, the families at that time searched for other agricultural land so they could grow the food they need to live. They then settled down at the place where they have been living since then.

ADDITIONAL COMMENT:

According to the agreement between the government and the National Land Reform Forum(NLRF) dated November 27, 2008, no one should be displaced from the land which the villagers have been using as a home and cultivating, until the land reform process ends and not without an alternative being provided. In addition, the government should direct the concerned authorities, and punish those who evict landless families.

In March 2011, during the national campaign on the land rights led by the NLRF, an agreement was made by the Deputy Prime Minister, the Minister of Land Reform Management Mr. Krishna Bahadur Mahara, and the Minister of Education Mr. Ganga Lal Tuladhar. The agreement says that they would form a committee to study the issue and share the report with the landless. In fact, the agreement failed to come into force and the major relevant authority, the Ministry of Forest, did not participate in the process of the agreement. Accordingly, the local administration and the Warden have not taken into account the agreement.

However, according to the NLRFN, there have been meetings with the government in which there was a decision that those who live near big economic projects, canals, and national reserve and wildlife areas would be provided alternatives to maintain their minimum livelihood. Despite all the interactions between government authorities and civil society, the failure to implement land reform has led to the forced eviction of the landless, usually Dalits, by landowners and by government authorities.

On March 23, before the eviction of the affected families and during a meeting with the NLRF, the government announced that they would ensure the provision of land to the landless. The government promised not to forcibly evict tenants whether or not they had tenant status or were illegal squatters. Also the promise was made to provide compensation if people were evicted. However, later on in April, the cabinet made a decision that only farmers would be protected in this context. The cabinet decision in fact damages the initial purpose and principle aiming at ensuring the fundamental rights of the landless in Nepal. Many tenants failed to obtain the tenant status and the landowners evict them when selling out their land.

Apart from the agreement mentioned above, the tenancy rights of the evicted families are not protected in accordance with the Land Act. None of the affected families have written documents about their tenant status, thereby failing to register it within the given period according to the Land Act. One of the loopholes that many of the illiterate tenants encountered was to prove their economic status as a tenant by providing documentation (i.e. receipts of payment) from the landowner within three months given to them.

Without notice, their former landowner sold the land to another person and the Dalit families who legally have priority for land acquisition did not get any land, even though the former owner owned more land than the Land Act allows as a maximum. This case is just one of thousands of similar cases. The failure of land reform under the Land Act is the major cause leading to a series of evictions in Nepal, which increases extreme poverty and food insecurity of the landless.

Domestic laws such as the National Parks and Wildlife Conservation Act and other relevant regulations and guidelines emphasize the protection of villagers living within the “buffer zone” near forests. According to the laws, it is recommended to draw the boundary of the buffer zone to protect villagers who have been living in the area, No one is allowed to live or engage in any activities in the area earmarked only for the community forest. In this case, the affected families were initially informed that they lived in a buffer zone, but not in the community forest area. In addition, there was no decision making process on why the area turned into a core zone later, in case the Warden was correct. The inappropriate process is reflected in the fact that the families were suddenly evicted five years after they settled down in the area.

SUGGESTED ACTION:
Please write a petition letter to the concerned government agencies to ensure the right to food of the affected families. The AHRC is also writing a letter to the UN Special Rapporteurs on the right to adequate food, on adequate housing, and the Advisory Committee on the right to food respectively.

To support this case, please click here: SEND APPEAL LETTER