Ignition for Fit For Purpose Land Administration in Nepal

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Presented at the FIG Working Week 2017, May 29 - June 2, 2017 in Helsinki, Finland Ignition for Fit For Purpose Land Administration in Nepal Paula Dijkstra (Netherlands), David Mitchell, Rohan Bennett (Australia), Ganesh Prassad Bhatta and Raja Ram Chhatkuli (Nepal)

Land is an important issue underlying many of the reconstruction challenges in Nepal.

Land Administration for National Development (LAND) Initiated by: Dutch Ministry of Foreign Affairs & Kadaster Purpose: to implement well defined practical actions in order to enhance security of rights on land and property worldwide Approach: 'Fit For Purpose' land administration. For whom: The Partnership LAND offers support to embassies, NGO s, private companies and investors for starting up good, cheap and fast land administration. How: consultancies, study visits, training or meetings https://www.kadaster.com/partnership-land

Nepal & the recovery from disaster Two earthquakes in April and May 2015 with a magnitude of 7.9 and 7.3 31 districts affected in the Centre and North of the country 8790 people lost their lives in the Gorkha earthquakes. 22.300 people were injured. 100.000 people are displaced. 8 million people affected. 769.000 structures were destroyed (of which 31.000 class rooms) Due to the earthquakes there is pressure from the National Reconstruction Authority (NRA) to address land issues in the recovery from disaster.

Nepal & Post Disaster Needs After the earthquakes, the Government of Nepal made an action plan for the coming 5 years: Post Disaster Needs Assessment (PDNA) Post Disaster Recovery Framework (PDRF). The Government of Nepal is committed to address the reconstruction in a practical way and to prevent long bureaucratic procedures. NRA supports the use of Fit-for-purpose approaches in the government s effort of fast-tracking recovery initiatives.

Nepal and the role of land The number of informal households has increased from 400.000 to 900.000 in the last 20 years. Migration from North to South Migration from rural to urban Most of the households have verbal agreement Natural hazard are a big issue for settlements due to floods and landslides

Nepal & tenure categories Formal tenure: state and public land (73%), private land (27%), religious trust land (0.03% Non-formal tenure: land interest with high social acceptance and statutory recognition, without ownership certificates and mapping (anticipated to be formalised within coming 2 years) Informal tenure: not legal and socially not accepted (e.g. slums and informal settlements in urban areas). No government action intended (yet) to address these issues) Encroachment tenures: informal tenure overlap with formal tenure in hazardous or highly inappropriate areas.

Statutory and legal status of Nepalese land tenure categories.

Fit-For-Purpose Land Administration Frameworks Legal Private individual ownership No mechanisms for recognition and recordation of informal tenures New constitution Recognizes female inheritance New land policy Institutional NRA creates opportunity to fast track bureaucratic procedures Divisions within and between ministries and department (e.g. initial registration / updating) Limited exchange of digital data Spatial Manual and paper based, movement towards digitization Majority of information was collected with plane tables Fixed boundaries High accuracy requirements

3 post disaster land challenges Relocation Informal settlements Rebuilding existing settlements These challenges will be addressed in a joint project of GLTN, UN Habitat, Kadaster and Huradec. In three communities Fit-For-Purpose Land Administration solutions will be applied. And feedback will be provided in the development of the responsive National Land Policy and Fit-For-Purpose Land Administration strategy.

Relocation

Informal tenure

New integrated settlement Source picture above: GLTN

Steps forward Introduced Fit-For-Purpose Land Administration in Nepal to support the earthquake recovery Enabled NRA grants access for everybody Recorded all people-to-land relationships in the informal tenure area Supported the integrated settlement plan for 2 settlements Raised awareness on land tenure at district and local level Facilitated an inclusive, gender sensitive, participatory and transparent approach Provided recommendations from the experiences in the three pilot areas to the national land policy

Thank you! धन यव द!