National 9 (Spotlight Weekly)

Natural Disasters And Legal Provisions

By LEKH NATH POKHAREL

The Ministry of Home Affairs works as the apex body for disaster management. Formulation and implementation of national policies, preparedness and mitigation of disaster, immediate rescue and relief works, data collection and dissemination, collection and distribution of funds and resources are among the vital functions of the ministry. It has a nation-wide network to cope with natural disasters. The chief district officer acts as the crisis manager at the local level. Despite limited resources, the ministry is managing natural disaster in all aspects. Of course, there are a number of problems and enough room for improvement.

Last year, the government established the Department of Narcotics Control and Disaster Management to strengthen response capabilities. The department, the focal agency for disaster management, helps the government formulate national policies and implements programs. It has specified activities before, during and after disasters. The department carries out tasks in the following areas:

- rescue and relief work in disaster-affected areas;

- reduction of loss of life and property;

- mitigation of the sufferings of the people;

- control and mitigation of natural disasters;

- development of hazard maps;

- rehabilitation of disaster victims in coordination with related agencies;

- arrangement of funds and resources to relieve disaster victims;

- carrying out disaster awareness campaign through training and publications;

- coordination with non-government agencies;

- collection and analysis of disaster data and dissemination of information.

Natural Calamity (Relief) Act 1982

The Natural Calamity (Relief) Act 1982 is the first legislation dealing with various aspects of disaster management. It recognizes earthquake, fire, storm, flood, landslide, heavy precipitation, drought, famine and epidemics as disasters. Other similar tragedies can also be brought under its purview. The act has established the disaster administration in Nepal. A vital aspect is the provision for permanent district-level disaster relief committees empowered to take appropriate action to overcome crises.Under the act, His Majesty's Government may order the closedown of government or non-government offices and other institutions in disaster areas if necessary. The people may be evacuated from the disaster area to safety. Aid groups are set up and sent to disaster areas. The home minister chairs a 23-member central committee. The government may, if it deems necessary, specify the extent of the area affected or likely to be affected by natural calamity and declare it a disaster area. It can extend the period as required.

Specified Standards

The central calamity relief committee has formulated standards for immediate relief assistance to victims of the natural disaster in cash or goods.

1. Rs. 10,000 is provided as relief assistance to the family of dead victim.

2. Rs.4,000 is made available per victim in case of destruction of house.

3. Those whose land and crops have been destroyed get Rs.500 in immediate relief.

4. Victims of natural disasters get timber at concessionary rates.

A National Action Plan on Disaster Management has been prepared under the direction of the IDNDR National Committee, which includes disaster relief activities within a specified time-frame. This plan emphasizes improvement of national capacity for disaster management and institutional structures. It also focuses on hazard mapping, risk assessment and vulnerability analysis, among other things.

Basic features of the National Action Plan:

* Identification of priority items and activities: These cover a range of activities like policy formulation, prioritization, resource allocation, scientific research and studies, awareness raising, rehearsal, simulation and disaster-coping strategies.

* Assignment of responsibility to concerned agencies: The action plan has clearly identified the lead and cooperating agencies for each activity. The lead agencies are made responsible not only for the implementation of the activities but also for the preparation and finalization of the plan of action in collaboration with identified supporting agencies. The lead agencies have to arrange or allocate financial resources by mobilizing internal and external resources.

* Formation of monitoring and evaluation committee: A committee has been established under the ministry for monitoring and evaluation of the progress made by related agencies in order to fulfill the objectives of the action plan.

In view of the physiographical situation and resource constraints of the country, it is very difficult to cope with natural disasters in Nepal. Undeveloped physical infrastructure, poverty, fatalistic nature of some people, low literacy rate, lack of political commitment and various other factors make the situation more complex. A concrete, effective and practical policy is of utmost importance. Improvement of physical infrastructure, poverty alleviation, change in the people's perception, literacy campaign, public awareness programs and capacity building are equally vital. Moreover, hazard mapping, vulnerability assessment, risks analysis, scientific detection system to monitor changes in the physical environment, effective early warning system, reliable data collection and dissemination are needed. Political commitment and pragmatic policy formulation are of great importance to achieve these goals.

(The author is section officer at the Department of Narcotics Control and Disaster Management.)