Transcript A glimpse of Disaster Laws in Nepal

A glimpse of Disaster Laws in
Nepal
Bijay Dahal
Presentation outlines
• Legal frames
• Practices
on Disaster Response ( including International
assistance) and short view on DRR.
Major legal tools for Disaster Reponse
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Constitutional provisions
Natural calamity Relief Act 1982
Infectious disease Act 1964
Other laws relating to Local governance and
Security Forces
Interim Constitution of Nepal 2007
• Fundamental rights: basic health, education
and food ( Art. 16,17,18)
• Army mobilization: do not require approval of
the parliament for natural disaster (A145.5)
• Emergency Fund: For any emergency, not
limited to natural disasters (Art.98)
• AMMAA 2006: annexed with article 147, Art.
4.2.4.7 permits Nepalese Army to undertake
relief works in times of natural disasters
Natural Calamity Relief Act 1982
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Major tool
Creates committees and Fund
Provides Roles, responsibilities and authorities
Relief focused
Mentions prevention and mitigation as well
Do not envisage presence of international
agencies, only financial and material support.
Infectious disease Act
• About controlling travel, movement and
necessary arrangement for control and
prevention of infectious disease.
DRR
• No specific laws
• Laws relating to:
• Health, environment and infrastructures
Shelter
• No specific Laws
• Land laws exists
International assistance
• No specific laws for facilitation and regulation
for disasters
• Laws are for Normal times
• There are some challenges/gaps
• Ad hoc and contextual decisions fill the gap
• Practices are good, followed by policy, then
Law