A glimpse of Disaster Laws in Nepal

Bijay Dahal

Presentation outlines

• Legal frames• Practiceson Disaster Response ( including International

assistance) and short view on DRR.

Major legal tools for Disaster Reponse

• 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

• 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