Landless squatters and powerless local units caught in federal eviction push

The federal government's latest directive, pushing the responsibility of clearing land encroachments and relocating landless squatters onto local municipalities, is a move that sounds good on paper but ignores the harsh realities on the ground. While the intention to bring governance closer to the people is commendable, the execution is deeply flawed, leaving our local units in an impossible bind.

Our municipalities are constitutionally mandated to protect public assets, and they are ready to do their part. However, the directive fundamentally misunderstands the division of powers. Local governments lack the legal authority to distribute land; that power remains firmly with the federal government through bodies like the National Land Commission. This creates a frustrating scenario where municipalities are given responsibility without the corresponding power, setting them up for failure.

Furthermore, the financial and institutional capacity of these local units is severely underestimated. We are talking about hundreds of thousands of families applying for land ownership, with a significant portion identified as landless Dalits, squatters, or informal settlers. Managing and rehabilitating these populations, many of whom live in vulnerable conditions across riverbanks and forest areas, requires resources and legal frameworks that our municipalities simply do not possess.

This isn't a new problem. Nepal has a long history, with at least 19 commissions formed since 1990 to tackle the issue of landless squatters, all with limited success. To simply devolve this complex, deeply entrenched problem onto local governments without providing the necessary tools is not a solution; it's a recipe for repeating the same mistakes. As Bhim Prasad Dhungana, president of the Municipal Association of Nepal, rightly stated, this directive overlooks the ground realities and the constitutional division of responsibilities. We need a coordinated, well-resourced approach, not a passing of the buck.

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Protecting public land is within our jurisdiction, and we are ready to cooperate with the federal government. But managing and rehabilitating squatters is not something municipalities can do alone. The Constitution clearly assigns this responsibility to all three tiers of government.