1. Background
Bhaktapur is known nationally and internationally as the hub of culture and tourism despite being the smallest district in the country in terms of area. The temples and Durbar Square of archaeological significance inside Bhaktapur city or naturally beautiful Nagarkot have always been preferred by domestic and foreign tourists. Ghyampedada lies at the border of Sipadol VDC Ward No 3 and Gundu VDC Ward No 3 around five kilometers to the south of Suryavinayak, a place of similar touristic significance in Bhaktapur district. One can view beautiful mountain ranges and the whole Kathmandu Valley from there.
The conflicted area, Ghyampedanda, is being historically used for burial by the Tamang community of Gundu-3 and the Lama community of Dorlang, Sipadol-4. Chandra Suryodaya Lower Secondary School was established in 1 ropani 9 anna (0.078 hectors) of unused land in 1996 sowing seeds of conflict between the communities using the place for burial and the school. The District Forest office, Bhaktapur, handed over the Seti Devi Community Forest spreading over an area of 39.20 hectares, also including these areas used for burial purpose, to the community on July 13, 1997 as per the demand of locals in Sipadol-3. The local Tamangs and Lamas continued to use Ghyampedada for burial even though it was started to be conserved as a community forest thereby negatively affecting conservation efforts. The Buddhist Tamang and Lama communities took a decision to construct a monastery in the area in 2001 and laid the foundation stone for Tasi Kunsaling Monastery in the land adjoining the school resulting in a big dispute between the school and monastery committees almost leading to fistfight. Similarly, construction of a drinking water tank in 2003 at the place where foundation for the monastery was laid turned it into a triangular dispute resulting in repeated arguments and altercations. Animosity among the locals of Sipadol-3 and Gundu-3 escalated resulting in a break in communication after the locals of Gundu constructed taps, houses, pigsties and septic tanks encroaching the Seti Devi Community Forest from 2004 to 2011. In 2012 Sujal Café was fined Rs 44,100 under instruction of the District Forest Office, Bhaktapur for cutting tops of Pine trees and Polarization increased among CFUGs members, entrepreneurs and stakeholder bodies. Due to such many incidents, Ghyampedada has become a barren hill due to uncontrolled and injudicious use of forest products of the community forest by the locals of Gundu-3.
2. Past Efforts for Resolution of the Conflict and Their Impact
Efforts were made to resolve the dispute with initiative of VDCs, police and local leaders from time to time. But no solution could be found with everybody standing firm on their respective position and stances. The distance between them continued to increase further and the relationship deteriorated further with altercations between them from time to time.
Acrimony among the locals was rising on the one hand while Sujal Café and different hotels and restaurants were opened since 2011 in this area of immense potential for tourism development. The local youths also started Gundu Furniture Industry. As this case was directly related to forest, district forest office and FECOFUN also tried to resolve the conflict but could not find solution.
3. Procedural Transformation Process
Field practice on this conflict started from July, 2012 following the recommendation from the Federation of Community Forestry Users, Nepal (FECOFUN), Bhaktapur during the phase-wise training that started from June, 2012 under the Natural Resource Conflict Transformation Project; a team of core learning group members Maheshwor Bohara, Sriram Neupane, Sabina Bhalaju and national resource person Niru Maya Thing facilitated in this conflict as per the natural resource conflict transformation process. It took about 8 month for detailed mapping and study of this conflict. The conflict mapping involved the identification of the main cause of conflict and how it came to surface, the main conflicting parties and stakeholders. Repeated meetings and discussions were held after mapping of the conflict, field inspection, and separate meetings with the parties involved in the conflict, and identification of the party affected by the decision and the parties affecting the decision. While the spider team was formed in March 2013 then the process was smoothly handled by this team with the support of facilitators from NRCTC-Nepal. It took long time to agree in process proposal, to find common issue and agreed alternatives. With huge effort from spider team and local stakeholders, finally they succeeded to finalize agreed solution and organized a big joint meeting in the presence of district forest officer Bhaktapur. They signed a 5 Points agreement and now all points are being implemented and everything is going well.
3.1 Conflict Mapping
Parties involved in the conflict were clearly identified during the course of close observation of the boundary dispute of Seti Devi Community Forest. As this is the very important step of conflict transformation process about 8 months period was consumed for the detail mapping and study of conflict. Separate meetings and informal discussion was frequently held to understand the root causes of the conflict and find people that will be affected by the decision on conflict and those who can affect the decision on conflict. Especially 10 different parties involved in conflict were identified.
3.1.1 Parties that might be affected by the decision on the conflict
A. Seti Devi Community Forest User Group
This conflict is mainly about the encroachment of Setidevi CFUG that has caused problems in conservation of its resources. This CFUG was handed over by District Forest Office, Bhaktapur in the year 1997 for the sustainable use and management of its forest resource by the locals of Sipadol VDC; it is spread over an area of 39.2 hectares. As this Community Forest lies in the boundary of Sipadol and Gundu VDC, the locals of Gundu VDC, though they were not included as users, also used its resource. Although the School has been there before the handing over of this CFUG, the laying of foundation stone for a monastery, building of water tanks, occupying areas by construction of pigsties, taps and septic tanks etc. had converted the Community forest area around Ghyampedanda at the boundary of Sipadol and Gundu VDC to an almost barren hill.
B. Sujal Café
I feel that the conflict transformation process has acted as a fair and transparent judge in resolving this conflict.
(Spider group member from Sujal Café Ramji Awal)
It is one of the small business enterprises established near the boundary of the Setidevi CFUG. The Café is owned by Mr. Ramji Awal; it seems to be flourishing with growing ecotourism activities in Ghyampedanda area. The location of the Café near the boundary of community forest has been the headache to the CFUG as they always suspected that the café will damage the plantations and encroach its area; following such suspicions in the year 2001, the owner of Sujal café was found guilty of cutting tops off of Pine trees near its café; he admitted that he cut the tops of trees just to make sure that the visitors could have a clear view of the scenic mountains and the valleys, he was later fined Rs 44,100 under instruction of the District Forest Office, Bhaktapur.
C. Gundu Furniture Industry
It is also located at the boundary of Setidevi CFUG; it has been established in partnership by Mr. Sabin Tamang and Mr. Deepak Wagle. Though damage to forest resource has not been reported on behalf of this Furniture industry but still operating a furniture industry that needs timber so close to a Community Forest area is in itself an issue of concern.
D. Chandra Suryodaya Lower Secondary School
This is a government school that lies within in the Community Forest area and most of the local people who cannot afford the private school send their children to this school. The construction of this school at the land that has been used by the local Tamang community for the burial purpose has been the root cause of this conflict.
E. Tasi Kunsaling Monastery Committee
The Buddhist Tamang and Lama formed this committee with an intention to construct a monastery in Ghyampedanda in 2001 and they laid the foundation stone for Tasi Kunsaling Monastery in the land adjoining the Chandra Suryodaya Lower Secondary School resulting in a big dispute between the school and monastery committees that almost led to a fistfight.
F. Ghyampedanda Drinking Water and Sanitation User Committee
This committee became a party in this conflict at around 2003 when it started construction of a water tank at the disputed place where the foundation for the Tasi Kunsaling Monastery was laid leading to dispute among the School committee, Monastery committee and this Water and Sanitation User committee for that piece of land.
3.1.1 Parties that can affect the decision on the conflict
A. District Forest Office, Bhaktapur/ Area Forest Office, Suryavinayak
These are the government bodies that oversee the development in forest sector in Nepal and since this conflict is about the encroachment of a community forest then definitely these bodies are linked with it. The government bodies tend to resolve conflicts by imposing a decision that they see fit based on the legal considerations hence they might affect the decision on this conflict.
B. Federation of Community Forestry Users Nepal, Bhaktapur
Since this conflict is between a CFUG and its users/local people, FECOFUN, which works for the improvement of Community forestry, conservation of forest resource and uplifting livelihood through sustainable management of forest resource, is bound to have a say on this conflict.
C. Sipadol and Gundu VDC Office
The conflicting parties are residents of two VDCs, Sipadol and Gundu, hence as these VDCs might take a stance for the benefit of their own residents, they might affect the decision on this conflict.
3.2 Spider Team Formation
Spider team formation is the crucial step in conflict transformation; it is a team of representatives from all conflicting parties and major stakeholders who will play key role in transforming the conflict. While carrying out conflict mapping and discussion with the conflicting parties, we closely observe people to be included into the spider team; what we look for in such people is the genuine interest to transform the conflict, the faith in conflict transformation process, the behavioral traits of patience, honesty, helpfulness, impartiality, trustworthy etc. The probable members of spider group were identified during the course of meetings and discussions held at different times once the process of transforming the boundary dispute of Seti Devi Community Forest through the natural resource conflict transformation process moved forward, and the members were selected through discussions with the parties.
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S.N.
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Name of Spider Group Member
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Conflicting Party/Stakeholder
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1
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Gyanendra Thapa
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Chairperson of Seti Devi CFUG
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2
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Ananda Rajthala
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Principal of Chandra Suryodaya Lower Secondary School
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3
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Lal Bahadur Lama
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Chairperson of Ghyampedada Drinking Water and Sanitation User Committee
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4
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Prem Kumar Lama
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Chairperson of Tasi Kunsaling Monastery Committee
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5
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Sabin Tamang
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Owner of Gundu Furniture Industry
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6
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Rajani Tamang
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User of Setidevi CFUG from Gundu VDC
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7
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Ramji Awal
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Owner of Sujal Café
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8
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Roshani Budathoki
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Forester from Area Forest Office, Suryavinayak
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Before conflict transformation program was implemented, the conflict at Setidevi CF had taken a serious turn; many parties had encroached its area, communities were divided and barely in touch with each other. After almost two years' of conflict facilitation by NRCTC-N, the conflict was transformed; I feel very proud to have worked as a spider team member and contributing in a small way in transforming the conflict. Recounting my days as a spider; there were days' when I was saddened by negative comments but I always had faith that I was doing something good and now when people of my community talk to me in a respectful way, I feel so proud. I remember going on meetings along with the conflict facilitators; I was impressed by the strategies used by the conflict facilitators, for instance one of the conflicting parties was a Tamang community so NRP Niru Maya Thing being a Tamang herself, built a good rapport with them by communicating with them in their own mother tongue and pacifying each of their curiosities. Using our experience in working as facilitators, we have taken an initiative to establish an organization to follow up on the implementation of the agreement in the transformed conflict, facilitate in transforming other conflicts in our communities and to work for the overall development of Ghyampe Danda area. (Chairperson of Setidevi CFUG and spider group member, Gyanendra Thapa)
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After the finalization of spider team, a two days spider team capacity building training was organized to enhance the capacity on conflict transformation process and its working modality. The training was held on February 19 & 20, 2013 at the gymnasium in Ghyampedada. NRPs and local facilitators facilitated in various sessions of workshop. On the First day of the workshop, the participants were formally introduced to each other, they were oriented about NRCTC-N and its conflict transformation work through lecture and video documentary, the mountain roadway poster of conflict transformation was displayed and discussions were held on various steps of conflict transformation process, the concept of demand vs desire was made clear through an act and the importance of communication was clarified through role play method. The second day of workshop began with the review of previous day, and then the spiders were clarified about the role and responsibility of spider group, discussed on how to act as a facilitator and how will the spider group work in the following days.
3.3 Process Proposal
Gathering Perspective on Process Proposal
The main value of this whole process is to develop an agreed process among conflict parties to go ahead. Unless a fair, transparent, trusty, inclusive and all agreed process is passed from a joint meeting of all parties the whole process cannot work properly. Though it takes a long time to collect the ideas and consensus of all parties and members, we should be patience and need to prepare an agreed process proposal. Based on this core value of process proposal 6 months period from April 2013 to September 2013 was spent for the huge discussion and consultation among conflicting parties. Separate discussions of the parties involved in conflict were held and consensus of all the conflicting parties was sought in the process of transformation of the conflict about boundary dispute to move forward in a different procedural manner than the prevailing practices in the society. All the parties were of the opinion that the process should move forward in a way that includes opinions and demands of all the parties.
Following were the agreed points in process proposal.
- A sustainable solution to this conflict will be identified through dialogue among the conflicting parties and stakeholders following the natural resource conflict transformation process.
- All the decisions made in this process will be made in a transparent and participatory way, without hiding any details from anyone and without leaving anyone out of the decision making process.
- The facilitator and spider group should always be impartial; during facilitation they should not take sides and they should think about what's best for everyone.
- Following the process in the facilitation of spider group the common issue will be identified and passed through the joint meeting; then the common alternatives will be identified with discussion among all concerned parties and stakeholders and it will be passed through a joint meeting; the implementation of the agreement will be done in a participatory way.
- All joint meeting will be conducted through the "Khat Method"; the date, time, venue and method of conducting the joint meeting and all other meetings during the process will be decided based on agreement of all concerned parties.
- All parties directly involved in the conflict and all stakeholders should actively participate and cooperate to implement conflict transformation process in a good way.
3.4 Common Issue
After convincing people to transform the conflict through the conflict transformation process by clarifying all the aspects of conflict transformation during the discussion on the process proposal, then we can move forward to identify the real issues leading to the conflict. While carrying out discussion on the issues of the conflict, at first the conflicting parties tend to take a stance on their demands but with repeated discussion in presence of spider group the underlying desires are revealed; it is very important to differentiate between the demands and desires of the conflicting parties because we can find the solution to the conflict only when we can identify the real issues of all parties.
In this conflict of Setidevi CFUG also, facilitators carried out separate meetings and discussion with every party under the leadership of spider group; in those discussions, demands were put forth initially but then gradually the inner desires were revealed, then addressing the concerns raised by all the parties, a spider team meeting drafted the following common issue.
"How can we achieve long-term management of Seti Devi Community Forest by managing the school, monastery, tombs of Tamang community, and commercially operated Gundu Furniture Industry and Sujal Café in Ghyampedada and develop Ghyampedada area touristically?"
Conflict party representative putting his views on drafted common issue
Separate Discussions were again held on the draft of the common issue and finally on March 1, 2014 a joint meeting was held at the premises of Shri Chandra Suryodaya Lower Secondary School in Ghyampedada to pass the draft of common issues. Assistant Forest Officer at the Area Forest Office, Suryavinayak Binita Pandey was the chief guest of the program chaired by spider group member Lal Bahadur Lama. President of FECOFUN, Bhaktapur and NRCTC-N Rameshwor Bohara stated the country and society can move forward in the direction of development if we can create peace at the local level by transforming the conflicts related to natural resources. Similarly, Treasurer NRCTC-N Niru Maya Thing shed light on the transformation program currently in operation. Rajani Tamang discussed the significance of transformation process delivering the welcome address in the program compered by spider group member Ananda Rajthala. Similarly, President of the Seti Devi Community Forest and spider group member Gyanendra Thapa shed light on the importance of transformation process by comparing the situation before and after the process.
Chief Guest Pandey expressed commitment to fully cooperate in the process to be carried out for the benefit of community forest. Chairman of the program Lama concluded the program saying though there was a conflict in the past it is quite near to resolution now. The meeting ended by handing over the responsibility of collecting opinions for identification of alternatives to the spider group.
3.5 Common Alternative
Conflicting party representative signing the agreement to pass common alternatives
The transformation process moved forward at a rapid pace after the common issue was passed through the joint meeting, and the spider group became active in collecting opinions for identification of alternatives; the spider team drafted the common alternative including the concerns of all parties, again discussions were held on the draft of the common alternatives and finally on March 22, 2014 a joint meeting was held at the premises of Shri Chandra Suryodaya Lower Secondary School in Ghyampedada to pass the common alternative. President of the Seti Devi CFUG Gyanendra Thapa chaired the program that had District Forest Officer of Bhaktapur Surya Kant Sigdel as chief guest. Rajani Tamang shed light on the positive changes owing to the transformation process delivering the welcome address in the program compered by spider group member Ananda Rajthala. Similarly, President of FECOFUN, Bhaktapur and the Natural Resource Conflict Transformation Center-Nepal Rameshwor Bohara stated the transformation process is long-lasting as this process of transforming disputes is different from traditional methods and looks for not just the apparent issues but even inner reasons.
Local facilitators Maheshwor Bohara, Sriram Neupane, Sabina Bhalaju, who had worked very hard for the transformation process, FECOFUN, Bhaktapur that helped in the transformation process, and the Natural Resource Conflict Transformation Center-Nepal that operated the transformation campaign were provided felicitation letters by the Seti Devi Community Forest User Group during the program.
The parties involved put vermilion and garlands on one another after signing the agreement during the program. Stating that the District Forest Office will monitor implementation of the agreement, Chief Guest Sigdel stressed on sincerity from all the parties in implementation of the agreement.
Agreement for transformation of the Seti Devi Community Forest Boundary Dispute
We have agreed on the following points after different stages of discussions during the transformation process of the boundary dispute—among the Seti Devi Community Forest User Group, Chandra Suryodaya Lower Secondary School, Ghyampedada Drinking Water and Sanitation User Committee, Tasi Kunsaling Monastery Committee, Gundu Furniture Industry and Sujal Café in the border area of Sipadol-3 and Gundu-3 in Ghyampedada—over 14-foot dirt road of the Seti Devi Community Forest (spread in 39.20 hectares of land of Sipadol-3 and 4, transferred on July 13, 1997) from Chandra Suryodaya Lower Secondary School to Sujal Café done as per the Natural Resource Conflict Transformation Campaign of the Natural Resource Conflict Transformation Center-Nepal in coordination of the Community Forest User's Federation, Bhaktapur, signed this agreement letter and express commitment for its implementation.
- Seti Devi Community Forest User Group and Chandra Suryodaya Lower Secondary School, Ghyampedada Drinking Water and Sanitation User Committee, Tasi Kunsaling Monastery Committee and social organizations in Ghyampedada area will cooperate and coordinate for long-lasting conservation and management of the community forest, as well as social, cultural, economic and physical development of the whole Ghyampedada area.
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This process is amazing; it has given a feeling of victory to each conflicting party making all of them equally happy. Please do tell in different programs to remember the campaign operated by the Natural Resource Conflict Transformation Center-Nepal if there is any dispute even in your groups.
(District Forest Officer, Bhaktapur Surya Kant Sigdel)
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- Gundu Furniture Industry will help in conservation of the community forest, trade only stamped timber, take responsibility for conservation of the forest area in front of the furniture industry and contribute Rs 500 a month for development of the community forest.
- Commercial enterprises including Sujal Café will help in conservation of the community forest, take responsibility for conservation of the forest area in front of their respective premises and contribute Rs 500 a month for development of the community forest.
- All the social institutions in Ghyampedada area will form a representative institution for conservation of the community forest and environment, and social, cultural and touristic development of the whole area to give continuity to the transformation process.
- The points of the aforementioned agreement will not obstruct implementation of the prevailing policies, regulations and acts/laws of the Nepal government in any way.
4. State of Agreement Implementation
Agreement implementation started with tree plantation from District Forest Officer, Suryakant Sigdel
The implementation process has already started with Gundu Furniture Industry planting trees in front of the industry and contributing NRs. 500 as mentioned in the agreement on the day the agreement letter was signed. Sujal Café has also started implementation aspect.
Similarly, the process of forming a representative institution including all the parties to the conflict and social organizations has also moved forward.
5. Changes evident in society
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This process has come as a panacea for improvement of relationship in Ghyampedanda area because before the implementation of conflict transformation process, the president of the Setidevi community forest feared to enter the Ghyampedanda saying the Bhotes would kill him. He now comes to our community without any fear after the process improved our relationship. Have we killed him now? We do not have conflict with anybody now, even though we had one in the past, and we are living peacefully and participate in every social function from a wedding ceremony to a funeral procession. (Spider group member from drinking water management committee Lal Bahadur Lama)
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The locals of Sipadol-3 and Gundu-3 were in a bitter relationship when the transformation process for the Seti Devi Community Forest Boundary Dispute started. Former president of the community forest used to tell that local Tamangs of Ghyampedada may thrash him. There was the bitter truth of near fights between the locals of Sipadol and Gundu on several occasions. Deforestation and stealing of timber from the community forest were also rampant. There was lack of environment for the locals to mingle with each other. Similarly, there was a state of confrontation among school, monastery and drinking water committees. The conflict transformation process has improved the relationship among locals. Those who were deprived of membership of Setidevi CFUG have now become its member which has helped in conservation of the community forest. Everybody has the feeling of ownership towards the community forest.
