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A glimpse of Disaster Laws in Nepal

A glimpse of Disaster Laws in Nepal. Bijay Dahal. Presentation outlines. Legal frames Practices o n Disaster Response ( including International assistance) and short view on DRR. Major legal tools for Disaster Reponse. Constitutional provisions Natural calamity Relief Act 1982

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A glimpse of Disaster Laws in Nepal

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  1. A glimpse of Disaster Laws in Nepal BijayDahal

  2. Presentation outlines • Legal frames • Practices on Disaster Response ( including International assistance) and short view on DRR.

  3. 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

  4. 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

  5. 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.

  6. Infectious disease Act • About controlling travel, movement and necessary arrangement for control and prevention of infectious disease.

  7. DRR • No specific laws • Laws relating to: • Health, environment and infrastructures

  8. Shelter • No specific Laws • Land laws exists

  9. 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

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