Disaster Management System in Nepal (Policies, Acts, Rules, Regulations and Strategies).pdf

Disaster

1. Meen B. Poudyal Chhetri, PhD
President of Nepal Center for Disaster Management &
Adjunct Professor, Queensland University of Technology
(QUT), Australia

Disaster Management: Policies and Institutional
Framework related to Disaster Management in Nepal

2. Existing Practice in DRM:
Appraisal of DM Legislation in
Nepal– Ignored Area &
Incomplete Solution

3. Advent of DM Act
•Natural Calamity Relief Act (NCRA) enacted in
1982
•Before the enactment of the 1982 Act - disaster
response works were just part of the social
service and were done in an ad-hoc basis
•The 1982 Act amended in 1989 and 1992 with
no significant changes
•The Act was not supported/followed by any
regulations

4. Advent of DM Act contd…
•Even after the enactment of the NCRA, so far,
the government has not been able to take care
of the whole cycle of disaster managment
•The Act is focused more in rescue and relief
works
•Preparedness, mitigation, rehabilitation and
reconstruction works are inadequate
•Neither there are adequate disaster
management related rules, regulations,
guidelines, standing order etc.

5. National Action Plan & Strategy
•GoN formulated a National Action Plan (NAP) in 1996 on
disaster preparedness, response, mitigation,
rehabilitation and reconstruction
•Though the NAP is ambitious, it could not be
implemented from any govt. or non-govt. agencies while
no agency really took care of it
•NAP has not been supported by any plans, programs or
policies
•In addition to the NAP three manuals were prepared on
health, agriculture and logistics which are not
implemented anywhere by any organization
•GoN formulated NSDRM in 2009
•CC Policy 2011

6. Legal Reform Efforts
•A new Disaster Management Bill and Policy
was drafted by NCDM and submitted to the
MoHA and NPC for review and enforcement
•Task Force on comprehensive DM law reform
was formed in MoHA
•The Task Force and other subsidiary bodies
reviewed the draft by taking years and finally
was enacted on 22 October 2017 (5 Kartik 2074)
“Disaster Risk Reduction and Management Act”

7. DM in other Acts
•According to the Local Governance Operation
Act 2017, Village Municipals and Municipalities
are made responsible for disaster risk reduction
works
•The new Act has assigned all aspects of disaster
management to the local government bodies
•The Nepal Army Act, Nepal Police Act and
Nepal Armed Police Force Act also have made
the security personnel responsible for DRR
particularly for search and rescue

8. Inventory of the DRR Related Legislations
and Documents
•Disaster Risk Reduction and Mgt. Act 2017
•Nepal Water Resources Act (1992)
•Building Code (1994)
•Local Governance Operation Act (2017)
•Disaster Risk Reduction National Policy 2018
•Disaster Risk Reduction National Strategic Action Plan
(2018-2030)
•The Tenth-Plan (2002–2007)
•Three Year Interim Plan ( 2008- 2010 and 2010- 2013)
•14th Plan (FY 2073/74-2075/76)
•National Action Plan for Disaster Management 1996

9. Inventory of the DRR Related Legislations
and Documents contd..
•Nepal Water Resources Strategy (2002)
•Des-Inventar Database System Introduced in 2003
•Hyogo Framework for Action (HFA 2005-2015)
•National Strategy for Disaster Risk Management (2009)
•NRRC’s Flagship Programmes ( 5 Flagship Areas- US$
195.8 Mil for 5 years)
•National Strategy on Disaster Risk Management 2009
•Focal Points- CC and DRM established in the key
ministries and departments
•Local and District Disaster Risk Management Planning
Guidelines - 2011

10. Inventory of the DRR Related Legislations
and Documents contd..
•Act, Regulation, Policies & Executive Orders -
Nepal Army/ Nepal Police/ Armed Police Force etc.
•National Disaster Response Framework
•Disaster Preparedness and Response Plan- 2011
•National Strategy for EWS ( Proposed)- 2010
•Disaster Recovery Framework, U-SAR Plan and Open
Spaces 2013
•Networks- such as DPNET and others
•Dead Body Management Guidelines
•Medium Term Expenditure Framework (MTEF).

11. Immediate after Disaster events
•Search and Rescue, USAR
•Immediate Relief and Response
•Access of Losses and Damages
•Temporary Shelter and Arrangement
•APF, NA and NP as a First Responders
•Ministry has formulated a Task Force for USAR
•INSARAG Guideline and United Nations Disaster
Assessment and Coordination (UNDAC)
•Post Disaster Need Assessment (PDNA)
•Identified open spaces

12. Old Organizational Structure of Disaster Management in Nepal

Local Disaster
Relief Committee
Supply, Shelter
and Rehabilitation
Sub-Committee
Central Disaster Relief Committee
Relief and
Treatment Sub-
Committee
Regional Disaster
Relief Committee
District Disaster
Relief Committee

13. Role of the Ministry of Home
Formulate disaster management
plans, programs and policies and
implements them;
Effect and coordinate rescue, relief
and rehabilitate works during and
after the natural disasters;
Collect and disseminate disaster
data and other information;
Collect and distribute funds and
resources to the disaster victims;
•Provide policy and operational
guidelines to the field offices.

Kathmandu Floods

14. Role of the Army and Police
•Carryout immediate rescue
and relief works in close
cooperation with the DDRC;
•Establish command posts for
rescue and relief works;
•Damage assessment;
•Work in accordance with the
directives of the Central and
District Disaster Committees.
A Buried Buffalo

15. CRICOS No. 00213J a university for the
world real
R
Need and Importance of a
Proactive Policy – in a Nut
Shell

16. CRICOS No. 00213J a university for the
world real
R
“Good policy with bad
implementation is bad policy”

17. CRICOS No. 00213J a university for the
world real
R
What is a Policy ?
•A thoughtful system of principles to guide
decisions and achieve rational outcomes
•A statement of intent which is implemented as a
procedure or protocol
•A set of ideas or a plan of what to do
•That has been officially agreed by a group of
people, a business organization, a government,
or a political party

•Sources: https://dictionary.cambridge.org; https://en.wikipedia.org

18. CRICOS No. 00213J a university for the
world real
R
What is a Policy ? Contd…
•It states matters of principle

•It is focused on action, stating what is to be done
and by whom

•It is an authoritative statement, made by a
person or body with power to do so.

•Source: The University of Sydney

19. CRICOS No. 00213J a university for the
world real
R
Policy Process Life Cycle
1.
Information
Sharing
2. Political
Commitment
3.
Ratification
4.
Compliance
5. Evaluation
1. Issue Identification
2. Issue Analysis
3. Generating Solutions
4. Consultation
5. Performance Monitoring
PP Attributes
The process of developing public policy is an activity that generally involves
research, analysis, consultation and synthesis of information to produce
recommendations.

20. The New DRR & Mgt. Act 2017 – Will It
be a Complete Solution?

21. Major Departure – DRR & Mgt. Act 2017
●The Govt. of Nepal has formulated and implemented Disaster
Risk Reduction and Mgt. Act 2017 which aspires to move
from Policy/Commitment to Action -- Reactive to Proactive
approach. From managing “disasters” to managing “risks”
● Although the Act has proposed a high level Council headed
by the PM and a number of other Ministers – the National
Disaster Risk Reduction and Mgt. Authority seems to be
overshadowed by MoHA. While it would have been better to
have an independent Constitutional Body.
● Whatsoever, it depends upon the sincere and honest
implementation of the Act by the Govt. and adoption by other
stakeholders.

22. Organizational Framework (In Line with 2017 Act)
National Council for DRR & Mgt.
(Chaired by Prime Minister)
Executive Committee
(Chaired by Home Minister)
Provincial Disaster Mgt. Committee
(Chaired by Chief Minister)

District and Local Disaster Mgt. Committee
(Chaired by Chief District Officer and
Mayor or Chairman)
NDMA
National EOC
District & Local EOC
Provincial EOC

Prime
-
Minister Disaster Relief Fund

Central Disaster Management Fund

Provincial Disaster Management Fund

Local Disaster Management Fund

23. Way Forward
•Effectiveness implementation of Sendai Framework
(Although it is nonbinding legal instrument the national
governments must transform it into national legal
frameworks)
•Public and private partnership should be developed in
addressing disaster risk
•DRR governance should promote coordination within
and across sectors and include the participation of the
stakeholders for effective prevention, mitigation,
preparedness, response, recovery and rehabilitation.

24. Way Forward contd…
•The media can play a critical role in disaster risk
governance
•The general public should be informed with risk
information and risk management information
•It is highly necessary to have partnership and
cooperation between national/local governments and
the communities in achieving more effective,
transparent and inclusive DRR governance
•Political commitment and will is also highly desirable
for an effective DRR plan & programs.