Research Study Abstract

Title: Baseline Assessment on Community Mediation Strengthening Mediation Capacity for Rebuilding Peaceful and Harmonious Community
Document Reference: researchstudy6.pdf

Executive Summary & Findings

Research: Baseline Assessment on Community Mediation “Strengthening Mediation
Capacity for Rebuilding Peaceful and Harmonious Community”
Funding Partner: Japan International Cooperation Agency (JICA)

Summary of the Assessment
A two-person IGD BLA team made a quick assessment of the target BLA district in the first
week of September 2009. Cases of disputes/conflicts discussed below are obtained from the
records and discussion with the personnel/staff of organizations like District Court (DC), District
Police Office (DPO), District Administration Office (DAO), District Land Revenue Office
(DLRO), District Topography Office (DTO), Kamalamai Municipality, Informal Service Centre
(INSEC) District Offices, Women Development Office (WDO), and District Forest Office
(DFO). The specific district-level cases of disputes filed in the law enforcement and other related
organizations are mentioned hereunder

The objectives of the study were
 To collect preliminary information on disputes in the target districts
 To make a quick assessment of the target districts on cases of disputes/conflicts

Major key Findings
The Assessment under the following headings:
 Cases of Disputes/Conflicts in Sindhuli
In the last fiscal year, a total of 105 cases were filed in the DC. Of the total 95 cases sampled, 23
were related to forgery followed by 21 in partition of properties, 7 in land encroachment, 5 in
divorce, 4 each in registration cancelling, murderer, attempt to murder, rape, looting and
exchanges, 3 each in brawling and beating others, and one each in dacoit, illegal harvest of forest
product, cancelling of court decision, and robbery. Kamalamai Municipality, Sirthauli,
Bahuntilpung, Hatpate, Dudhauli, Tandi, Jhangajholi Ratamata were the VDCs from which
higher number of cases were reported/filed.

A total of 40 cases were filed in DPO in the last fiscal year. Of them, 12 cases were in suicide by
hanging followed by 6 in attempt to murder, 5 each in accidents and suicide by poisoning, and
public crimes. Other cases were rape, beating, attempt to rape, and attempt to murderer.
Similarly, a total of 15 public cases were reported/filed in DAO in the last fiscal year.

Some cases related to land partition, transfer of property (esp. land), tenancy right, land right was
reported in DLRO. Cases reported in Municipality Office number 50-60 per year in an average
which were found related to land encroachment especially from ward 4,6,7 and 9.

Staff/personnel from INSEC Sindhuli reported that anarchism has accelerated the cases of
violence of human rights, rape, forceful donation, impertinence, and undisciplined conducts
among the youths. Similarly, WDO staff stated that polygyny (making co-wife), domestic
violence like wife-battering, separation during menstruation were the common problems reported
in the office.

The DFO reported that there were disputes based on internal personality clash among the
members of user groups, disputes on leadership and financial matters, forest resource

distribution, forest boundary, and discriminatory behave of DFO staff. There were dozens of
such case reported per year in an average.
 Cases of Disputes/Conflicts in Mahottari
In the last fiscal year, a total of 1518 cases were filed in the DC. Of the total 322 cases sampled,
161 in exchange (especially money), followed by cases like 44 in property partition (land)
registration, 43 in looting/beating, 25 in forgery, and 9 in registration cancelling. Other cases
were related to murderer, attempt to murder, rape, brawling and beating others, dacoit, illegal
harvest of forest product, cancelling of court decision, and robbery. Jaleshwor Municipality,
Mahadaiya Tapanpur, Sanda, Matihani, Sonama, Damhi Madai, Raghunathpur, Gonarpur,
Kisannagar, Khaibanni, Ekrahiya, Basbitti were the places from which higher number of cases
were reported/filed.

A total of 209 cases were filed in DPO in the last fiscal year. Of them, 24 cases were in suicide
by poisoning followed by 22 in accidental death, 15 each in traffic accidents and some public
crimes, 14 each in murderer, and suicide by hanging. Other cases were rape, beating, attempt to
rape, and attempt to murderer. Similarly, some public cases on exchange, dowry, witch
accusation, land encroachment, forgery, beating, rape, cheating, and divorce were reported/filed
in DAO in the last fiscal year.

Some cases related to land partition, transfer of property (esp. land), tenancy right, land right was
reported in DLRO. Cases reported in Municipality Office number 50-60 per year in an average.
Staff/personnel from INSEC Mahottari reported that anarchism has accelerated the cases of
violence of human rights, underground groups’ rebellion, forceful migration of hill people,
regular bandh and strikes, rape, forceful donation, impertinence, and undisciplined conducts
among the youths.

 Effect of Armed Conflict in the Target Districts
People were affected directly and indirectly by the armed conflict. The proportion of households
affected by the conflict is highest in Sindhuli. The impact of the conflict ranges from deaths in
family to victims of abduction, wrongfully imprisoned, physically, and mentally tortured and
displaced members of the communities.
The victims of conflict have similar reaction to their condition during the conflict tolerating their
situation without any resistance and doing whatever they were asked to do. They were either forced
to leave their houses or were voluntarily displaced. The period of displacement ranged from one
month to five years. Out of the people displaced, some members have returned to their home place.
Some victims were disabled due to armed conflict.
 Domestic Conflict/Disputes
Feeling of high level of stress from family members over issues such as division of property and
dowry is common. People quarrel with their family members due to gender discrimination,
polygamy, alcoholism, and gambling.
 Community Level Conflict/Disputes
Community level conflicts are mostly based on issues of use of common property/resources
(forest, drinking water, and irrigation water), encroachment of land boundary, crop damage by
animals and birds, gender and caste discrimination, and monetary transaction.

 Coping Strategies
During the conflict, people had to cope with several vulnerabilities such as damage or loss of
property, serious illness/ injury or death of family members, scarcity of money and food, loss of
job, imprisonment, and loss of their assets like animals, tools and grains. They had to cope with
those problems through short term migration from their villages,
 Dispute Resolution at Local/Community Level
In most cases, for domestic disputes/conflicts, the tendency is to resolve family level problems
within the family. If the problems are not resolved within the family, they then approach
community elders to resolve them. People generally are not inclined to consult outside institutions
or people like village development committees, police, or lawyers. For instance, even complex
and financially important issues like those of property inheritance are primarily resolved at the
community level through local mediators without involving any public or private service
providers. Furthermore, some communities have indigenous conflict resolution systems like that
of the Dom community in Mahottari where locals resolve the family and community level
problems themselves as far as practicable.

Policy Implications

Findings from this empirical study were presented at national policy roundtables and distributed to relevant ministries, parliamentary committees, and development partners to guide evidence-based policy making in Nepal.