SAMBRIDH GHIMIRE

NATIONAL LAW SCHOOL

OF INDIA
UNIVERSITY,BANGALORE The paper contains a brief
overview of the Nepalese
Earthquake of 2015.The paper
aims to report the damages in
terms of lives and property that
were brought about by the
earthquake. Further, the
vulnerable groups exposed by
the earthquake have been high
lightened.

NEPAL
EARTHQUAKE 2015
RECONSTRUCTION,REHABILI
TATION,RESETTLEMENT
 Table of Contents

Table of Contents..............................................

Acknowledgement............................................

Introduction.....................................................

Research Methodology and Plan........................

The Earthquake - Facts and Figures...................

Vulnerability...................................................

The Response to the Earthquake.....................

The Role of SAARC in the Nepalese

earthquake.....................................................

Conclusion......................................................

Bibliography...................................................

Books...........................................................

Articles........................................................

2
 Reports........................................................

Acknowledgement

At the outset I must acknowledge that getting an opportunity to intern at an

esteemed institution such as the South Asian Association for Regional
Cooperation Secretariat has been a great chance for learning and to understand
the professional development. Although I have attempted sincerely to complete
my area of research, I would like to mention that the same could not have been
possible without the guidance of the officials at the Secretariat. Hence it would
be prudent on my part to acknowledge all of them. I would, therefore like to
express my deepest gratitude to Director of Environment, Natural Disasters &
Biotechnology Division, Mr.Sangye Rinchhen and Desk Officer Jigme
Tshewang, who gave their valuable inputs, necessary advices and guidance,
which were very informative. At the same time, I would like to thank Mr.
Pawan Dubey, Librarian Ms. Kalpana Tamrakar and Documentation Assistant
Mrs. Reema Pokharel for their precious guidance which helped me immensely
in my study both theoretically and practically.

Furthermore, I would like to thank Office Superintendent Mr. Madhusudan

Lamichhane who inspired me and helped me over my research. I would like to
acknowledge with much appreciation the crucial role of the staff who were very
cooperative and helped me with all the necessary logistics to complete this
research paper.
I perceive this opportunity as a milestone in my career and I will strive to use
skills and knowledge gained in the best possible way in my future endeavors.

3
 Introduction

Nepal is a landlocked country located in the central Himalayan region in South

Asia. Bordering China in the north and India on all the other directions, Nepal
only shares its borders with these two gigantic powers. The nation is blessed
with a diverse geography including plains, hills and mountains. It has a
population of 27.8 million.1
Peace and stability has been a distant dream for Nepalese in the modern period.
From 1769 to 1846, the king was powerful and ruled with the aid of nobility.
Then there was the rise of Rana oligarch from 1846 to1951. 2 After which
monarchy again consolidated power and rules till 2006. Thus, 105 years or
Rana regime and 240 years of Shah regime plundered the nation, making the
nation poor and weak. Of all the phases in the modern history of Nepal, the one
from 1846 to 2006 is the most important because of its two main characteristics:
one, for over hundred and five years at a stretch, a family of usurpers ruled the
country without having legitimate claim to power and two, the ruler in the
process of ruling selfishly, developed anachronistic political institutions which
not only hampered the growth of the country in the relevant period but also had
important repercussions on the developments in post-Rana Nepal. A not very

1World Bank Report.

2S.Kumar,RANA POLITY IN NEPAL ORIGIN AND GROWTH,23 (1967).

4
different policy was implemented by the Shah family too, which resulted in
Nepal becoming static and later unstable.3
Further nature too has not been kind to Nepal. The Nepal-Bihar earthquake of
1934 killed around 10,000 people in the Himalayan nation. Further, the Nepal
earthquake of 2015 has already taken the lives of 8896 people. 4 The
underdevelopment of the nation bundled with its poor infrastructure is to be
blamed for the death toll being so high. The lack of preparedness and planning
in this nation has resulted in increasing the number of casualty and damage.
In this paper, I attempt to discuss the earthquake in detail, with regard to the
after effects, the casualties and the preparedness of the SAARC in dealing with
this natural disaster. Shortcoming of the SAARC have been discussed and
suggestions to overcome the same have been provided.

Research Methodology and Plan

AIMS AND OBJECTIVES:

The aim of this paper is to examine the status of reconstruction, rehabilitation
and resettlement after the Great Nepalese Earthquake of 2015. The objective is
to understand the rationale behind the policy of the Nepalese Government in the
status of laws. For achieving the same, the researcher has attempted a study of
the reasons for the various policies implemented by both government and non-
government actors, seen in the efficacy of the legislations, rules, regulations or
schemes enacted for the purpose of furtherance of the objectives of
reconstruction, resettlement and rehabilitation and the primary organization
dealing with it namely the National Reconstruction Authority.

SCOPE AND LIMITATIONS:

The scope of this project extends to analysing the policies and conventions
various organizations working in the area and the related laws in Nepal for a

3Supra note2.
4NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. B: Sector Reports,
available at http://un.org.np/sites/default/files/PDNA-volume-B.pdf (Last visited on February
22,2017).

5
comparative study of the reconstruction policies in Nepal and the world. The
scope of this project is limited to analysing the data provided by various
government and non-government organization at the face value, the researcher
has not attempted to collect primary sources of data..

RESEARCH QUESTIONS:
1. What has been the total number of deaths and damages by the
earthquake?
2. What was the motivation behind the drafting the policies of the NRA
3. Why do we have multiple policies and organisations dealing with more
or less the same subject matter?
4. What was the total aid pledged for the reconstruction ,resettlement and
rehabilitation?
5. What is the status of laws relating to the subject matter of the
earthquake? Are Nepalese laws in compliance with the objectives
envisaged under the international standards, if any?
6. How are the Nepalese policies and laws characterized as compared to
the international standards?
7. What would be the important points of criticisms of the Nepalese
Reconstruction policies?
8. What are the procedural hurdles in getting compensation?
9. What is the government procurement process and what are its criticism?

SOURCES:
The researcher has relied on secondary sources of data only.

STYLE OF CITATION:
A uniform style of citation will be followed in this paper..

STYLE OF WRITING:
This paper attempts to enunciate the status of laws, policies and the substantial
content, followed by an analysis of the policies and plans of Government of
Nepal in light of the international standards.

6
 The Earthquake - Facts and

Figures
The Great Nepalese Earthquake of 2015 also known as the Gorkha earthquake
hit the Himalayan nation twice. On Saturday, April 25th 2015 while people were
enjoying their break from their tiresome week, a very strong tremor measuring
7.8 Richter Scale hit Barpak, a village in Gorkha District.5 The region is around
75 kilometres from Kathmandu valley towards the north-west. The suffering
and tolerant people of Nepal had been ruled by the Rana aristocracy for over
105 years and have been suffering because of various natural and mad made
calamities. Nonetheless, just after 17 days of the treacherous tremor the
5Center for Disaster Management and Risk Reduction Technology (CEDIM). (2015). Nepal
Earthquakes Report #3. Available at: https://www.cedim.de/english/index.php (Last visited on
February 21st 2017).

7
Nepalese people were hit by a second one measuring 7.3 Richter Scale. This
time the epicentre was near Kodari in the district of Sindupalchowk around 115
kilometres from Kathmandu. It was categories as one of the strong after-
shocks. Due to this the central-eastern highlands and valleys of Nepal, including
the Kathmandu valley were badly hit.6
Following the two major earthquakes a serious of aftershocks and tremors
continued to hit the Himalayan nation. The aftershocks measured from 3
Richter Scale and went up to 6 Richter scale.7
As per the records of Government of Nepals Reconstruction Authority 8896
people have died and around 22,303 people have been injured. 8Around 800,000
private houses have been fully or partially damaged. 9Over and above this a lot
of government building, schools, heritage sites have been damaged. It has been
estimated that around NRs. 9 billion will be required for reconstruction and
resettlement.10
It is estimated that the lives of 8 million people which is a little less than one-
third of the total population on Nepal has been affected. 11Out of the total 75
districts of Nepal,31 districts were hit and affected by the earthquake and out of
these 31, 14 mountainous districts were the worst hit and damaged by the
calamity.12Due to the highly volatile climate of the nation, many areas witnessed
the settlements and camps being swept away by landslides and avalanches

6 D.R. Panta, HEALING THE HIMALAYAS: PROPOSAL OF STRATEGY, TECHNOLOGY AND FINANCE
FOR POST-EARTHQUAKE RECOVERY, RECONSTRUCTION AND RENAISSANCE IN NEPAL,9(2016).
7NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. A: Sector
Reports,available at http://un.org.np/sites/default/files/PDNA-volume-A.pdf (Last visisted on
February 22,2017).
8NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. B: Sector
Reports,available at http://un.org.np/sites/default/files/PDNA-volume-B.pdf (Last visisted on
February 22,2017).

9Supra note 7.
10Supra note 8.
11Supra note 7,
12NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. B: Sector Reports,
available at http://un.org.np/sites/default/files/PDNA-volume-B.pdf (Last visited on February
22,2017).

8
triggered by the earthquake. It would not be incorrect to infer that this has been
the worst disaster to hit Nepal after the Great Nepal-Bihar earthquake of 1934.

The table below answers the basic research questions, regarding the death and
damages of the earthquake.
Number of Deaths 8,896

Number of Injured 21,952

Number of Houses Completely Destroyed 288,798

Number of Houses Severely Damaged 254,112

Office & Schools completely Damaged 10,445

Office & Schools partially damaged 14,201

Total Population Affected 136,52,804

Districts Affected 31
Severe Affected Districts 14

Number of VDCs Affected Not known till date

Number of the Children affected 29,40,000

Road / Bridges collapsed 4,555 approximately

Source-Various online reports and news.13

VULNERABILITY

The earthquake has had the worst impact on the weak and marginalised people
of the society. As this is true for any calamity that strikes the world, the most

13NEPAL EARTHQUAKE 2015Post Disaster Recovery Framework Government of Nepal

National Reconstruction Authority Kathmandu May 2016 2016-2020, available
athttp://nra.gov.np/uploads/brochure/5EM7J61bqj160705112241.pdf (last visited on February
27,2017).

9
vulnerable people are the people who are weak and marginalised, that is the
vulnerable groups.14In the view of the researcher that this is a vicious cycle, the
poor and the marginalized are the most vulnerable to any calamity, and their
vulnerability is accentuated by these disasters. This intern results in them
staying poor and marginalised, which again increases their risks of being
affected by any disaster. Further, the specially-abled, sick, pregnant women,
children and senior citizens are worse off compared to their status in the pre-
earthquake days. The statistics prove that women were particularly hit hard by
the earthquake as they were most likely inside their houses performing their
daily household liabilities when the tremor struck. A large part of womens
work is not considered as economic activity.15 In rural areas, the employment
outside the household generally was limited to planting, weeding, and
harvesting. While the active adult workforce in the rural hills and mountains
consists of women and the elderly. The earthquake had a devastating impact on
both of these categories.16
The life in the hills and mountains of Nepal is arduous. The challenging terrain,
the treacherous climate and the lack of resources make the lives of the
individuals difficult. Thus, since the inception of the nation there has been
widespread migration, people leaving hills and mountains to work in townships
which are considerably less remote and easily accessible like the townships in
the Terai region and Kathmandu valley. Further after liberalization in the 1990s
there has been a new trend of going abroad and remitting money back to Nepal.
It is postulated that due to the slow reconstruction, administrative hurdles and
lack of quality in the delivery of the government that far more people would be
14L.B. Adhikari,U.P. Gautamet al,The Aftershock Sequence Of The 2015 April 25 Gorkha
Nepal Earthquake, available at thttps://academic.oup.com/gji/article/203/3/2119/2594830/The-
aftershock-sequence-of-the-2015-April-25 (Last visited on February 25,2017).

15D.R. Panta, HEALING THE HIMALAYAS: PROPOSAL OF STRATEGY, TECHNOLOGY AND

FINANCE FOR POST-EARTHQUAKE RECOVERY, RECONSTRUCTION AND RENAISSANCE IN
NEPAL,9(2016)

16K. Goda,T. Kiyota et al, The 2015 Gorkha Nepal Earthquake: Insights From Earthquake
Damage Survey, available at
http://journal.frontiersin.org/article/10.3389/fbuil.2015.00008/full(Last visited on February
25,2017).

10
leaving these areas to settle down in the capital and Terai region or fly abroad in
search of employment.17
The central hills and mountains of Nepal which were affected by the
earthquake, has seen all economic entities and occupations being set back by the
earthquake. As mentioned above the vicious cycle of vulnerability continuous to
apply here as well. The communities most affected are the farming and herding
communities of the hills and mountains. The artisans and traders too have been
hit hard. As the vulnerability theory suggests, the people with less resources and
properties and lower income groups have been hit the most by the calamity.
These people have very limited or no resources to reconstruct their houses or
their workplace. The small entrepreneurs have been hit hard as the structures
that supported their business have been damaged. On the other hand, the large
business structures, as they had been constructed with high quality raw
materials and were reinforced have suffered mere or minute physical
damage.18Further, the industries which were being run from home, the small
home-based cottage industries have had a severe blow.
This kind of impact in a highly volatile, poor and unstable state like Nepal will
have long term implications. For a nation which has been showing little or no
signs of progress since a long period would have a devastating impact.

17Kiran,Status of Women in Nepal, available at http://www.everestuncensored.org/status-of-

women-in-nepal/ (Last visited on February 24,2017).

18Supra note 6, at 13.

11
 The Response to the Earthquake

The National Reconstruction and Rehabilitation Policy defines the following

policy objectives for recovery and reconstruction.19
To reconstruct, retrofit and restore partially- and completely-damaged
residential, community and government buildings and heritage sites, to
make them disaster-resistant using local technologies as needed;
To reconstruct damaged cities and ancient villages to their original form,
while improving the resilience of the structures;
To build resilience among people and communities at risk in the
earthquake-affected districts;
To develop new opportunities by revitalizing the productive sector for
economic opportunities and livelihoods;
To study and research the science of earthquakes, their impact including
damages and effects, and post-earthquake recovery, including
reconstruction, resettlement, rehabilitation and disaster risk reduction;
and
To resettle the affected communities by identifying appropriate sites.20

Furthermore, the policies have been further divided as mentioned below:

19The full National Rehabilitation and Reconstruction Policy is available on the NRA web site
(www.npr.gov.np).

20NEPAL EARTHQUAKE 2015Post Disaster Recovery Framework Government Of Nepal

National Reconstruction Authority Kathmandu May 2016 2016-2020, available
athttp://nra.gov.np/uploads/brochure/5EM7J61bqj160705112241.pdf (last visited on February
27,2017).

12
These policy objectives have been used to define five Strategic Recovery
Objectives which translate these policy objectives, as well as sector priorities
and outcomes, into a set of concrete, overarching recovery outcomes.
Strategic Recovery Objective 1: Restore and improve disaster resilient
housing, government buildings and cultural heritage, in rural areas and cities
Strategic Recovery Objective 2: Strengthen the capacity of people and
communities to reduce their risk and vulnerability and to enhance social
cohesion
Strategic Recovery Objective 3: Restore and improve access to services and
improve environmental resilience
Strategic Recovery Objective 4: Develop and restore economic opportunities
and livelihoods and re-establish productive sectors
Strategic Recovery Objective 5: Strengthen capacity and effectiveness of the
state to respond to the peoples needs and to effectively recover from future
disasters.
Looked at collectively, sector priorities help defines an integrated picture of
recovery needs.21

It should be noted that, the timing and day of the first earthquake is believed by
the researcher to have saved numerous lives. Saturday being the weekly holiday
of Nepal, resulted in schools and offices being closed across the nation.The
death toll of young people could have been much higher considering that nearly
7,000 schools were completely or significantly damaged.22 Likewise, it is
postulated that if the earthquake had struck at night and not during the day, there
would certainly have been more casualties.
The table below shows the data of beneficiaries with their grant agreement and
households who have received the first instalment. 23

21Supra, note 16.

22NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. A: Sector Reports,
available athttp://un.org.np/sites/default/files/PDNA-volume-A.pdf (Last visited on February
22,2017).
23 http://www.hrrpnepal.org/

13
 The Role of SAARC in the

Nepalese earthquake
There were several international organizations, which rendered a plethora of
help and support following the disastrous Nepalese Earthquake in 2015. This
ranged from providing supplies, to conduction rescue and relief activities,
including resettlement and other post-earthquake rehabilitation endeavors.

The earthquake proved to be a litmus test for the SAARC as it proved that it
was not sufficiently prepared to deal with the natural disasters, irrespective of
the existence of the SAARC Disaster Management Centre (SDMC), which was
set up in October 2006 and is functioning at the premises of the National
Institute of Disaster Management in New Delhi. It is all the more startling
because, the SAARC distinctly recognizes the need for relief and rescue

14
methods as well as disaster management, necessary in light of recurring natural
disasters which take place.24 Despite this emphasis, they have not set up a
dedicated SAARC disaster management rapid action force (SDMRAF).

This has shown that the SDMC is more of a consulting organization, whose
mandate is to coordinate with the National Focal Points (NFP) in the member
countries in the normal course. The obligations entail dissemination of
information on natural disasters and conducting workshops with regard to this,
providing capacity building programs such as organizing join training camps for
disaster management officials and expert groups of member countries, and,
research and data analysis on disasters of the region. The SDMC does not
conduct any field activities at the time of the disaster. SDMC coordinate with
other relief agencies or between the NFPs of member countries.

Individual countries (for instance India) sent 16 National Disaster Response

Force rescue teams and relief materials within six hours of the occurrence of the
earthquake.

Under Operation Maitri, India sent 520 tones of materials by 32 air force
flights, 18 medical and 18 army engineering teams. Eight Indian Mi-17 and five
ALH helicopters were also used in evacuation and supply of relief materials
under the command of the Nepalese Army.

It should also be noted that Pakistan sent four Air Force aircraft with rescue and
relief assistance, including a 30-bed mobile hospital. Sri Lanka sent a
contingent of 160 personnel including four civil medical consultants to assist in
relief efforts. Bangladesh sent six medical teams and necessary relief materials
and decided to provide 100,000 tons of rice and other relief materials including
drinking water. Bhutans Prime Minister personally led a 63-member medical

24For instance, the 2014 Summit at Kathmandu had reemphasized on the relevant
bodies/mechanisms for effective implementation of SAARC Agreement on Rapid Response to
Natural Disasters, SAARC Convention on Cooperation on Environment and Thimpu Statement
on Climate Change, including taking into account the existential threats posed by climate
change to some SAARC member states. SAARC leaders also agreed to establish the SAARC
Environment and Disaster Management Centre,

15
assistance team to Nepal on April 27 and donated USD one million. The
Maldives government donated USD 50,000 to aid recovery efforts on April 28;
its police force donated another 1.3 million Nepalese Rupees.25

There is an opinion in South Asia that SAARC is incapable of dealing with any
sort of disaster. This can only be combated if the Member States take active
participation and prove the worthiness of SAARC as enshrined in its Charter
This can be done by establishing a SAARC Disaster Management Centre, for
dealing with natural disasters.

Conclusion

It is no secret that the two colossal earthquakes that hit Nepal have had a
devastating effect on Nepal and its people, especially marginalized sections as
well as women, who suffered a notch above the rest. In trying to combat the
effects of the Nepal earthquake, The National Reconstruction and Rehabilitation

25S. White,A Critical Disconnect,BROOKINGS ,available at

https://www.brookings.edu/research/a-critical-disconnect-the-role-of-saarc-in-building-the-
disaster-risk-management-capacities-of-south-asian-countries/(Last visited on March 2,2017).

16
Policy laid down several policy objectives for recovery and reconstruction
which included reconstruction, restoration of and completely-damaged
residential, community and government buildings and heritage sites, to make
them disaster-resistant using local technologies as needed, reconstruction of
ancient villages, to build resilience among people and communities at risk in the
earthquake-affected districts, to provide disaster management education to the
people and ensure that the livelihood of those affected by the earthquake is
restored. Thus the researcher concludes that The National Reconstruction and
Rehabilitation Policy, drafted a comprehensive set of policies as well as strategy
objectives to deal with the earthquake.

However, what was shocking was the lack of efforts taken by SAARC in
dealing with the earthquake, irrespective of the existence of the Disaster
Management Centre (SDMC), which was set up in October 2006. The
unpreparedness and weakness of the organization can be discerned from the fact
that despite the Thimphu Declaration which took place four years ago, regional
disaster centers have not been set up, citing the non-ratification of Afghanistan
as a reason. The inefficiency is further highlighted as even Individual countries
(for instance India) sent 16 National Disaster Response Force rescue teams and
relief materials within six hours of the occurrence of the earthquake.

Thus even though several other individual countries sent help, SAARC was
unable to achieve much. The researcher thus suggests that in order to overcome
these shortcomings, the members of the SAARC must come together in order to
pool in their resources and take active participation.This will provide for better
disaster management in the future.

17
 Bibliography

BOOKS

D.R. Panta, HEALING THE HIMALAYAS: PROPOSAL OF STRATEGY,

TECHNOLOGY AND FINANCE FOR POST-EARTHQUAKE RECOVERY,

RECONSTRUCTION AND RENAISSANCE IN NEPAL,9(2016)

S.Kumar,RANA POLITY IN NEPAL ORIGIN AND GROWTH,23 (1967).

ARTICLES
K. Goda,T. Kiyota et al,The 2015 Gorkha Nepal Earthquake: Insights
From Earthquake Damage Survey, available at
http://journal.frontiersin.org/article/10.3389/fbuil.2015.00008/full(Last
visited on February 25,2017).
Kiran,Status of Women in Nepal, available
athttp://www.everestuncensored.org/status-of-women-in-nepal/ (Last
visited on February 24,2017).
L.B. Adhikari,U.P.,Gautamet al,The Aftershock Sequence Of The 2015
April 25 GorkhaNepal Earthquake, available
athttps://academic.oup.com/gji/article/203/3/2119/2594830/The-
aftershock-sequence-of-the-2015-April-25 (Last visited on February
25,2017).
NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. A:
Sector Reports,available athttp://un.org.np/sites/default/files/PDNA-
volume-A.pdf (Last visisted on February 22,2017).
S.White,A Critical Disconnect:The Role Of SAARC In Building The
Disaster Risk Management Capacities Of South Asian
Countries,available at https://www.brookings.edu/research/a-critical-
disconnect-the-role-of-saarc-in-building-the-disaster-risk-management-
capacities-of-south-asian-countries/(Last visited on March 3,2017).

18
REPORTS
Center for Disaster Management and Risk Reduction Technology
(CEDIM). (2015). Nepal Earthquakes Report #3. available
at: https://www.cedim.de/english/index.php (Last visited on February
21st 2017).
NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. A:
Sector Reports,available athttp://un.org.np/sites/default/files/PDNA-
volume-A.pdf (Last visisted on February 22,2017).
NEPAL EARTHQUAKE 2015 POST DISASTER NEEDS ASSESSMENT Vol. B:
Sector Reports,available athttp://un.org.np/sites/default/files/PDNA-
volume-B.pdf (Last visisted on February 22,2017).
NEPAL EARTHQUAKE 2015Post Disaster Recovery Framework
Government Of Nepal National Reconstruction Authority Kathmandu
May 2016 2016-2020, available
athttp://nra.gov.np/uploads/brochure/5EM7J61bqj160705112241.pdf
(last visited on February 27,2017).

19