Desk Review of Local level DRM plans, policies and guidelines from GESI Perspective

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Introduction

GESI in DRR is very crucial; however, the localization process has not been par with the international as well as the national standards in Nepal. During the 2015 Earthquake, Nepal Government and I/NGOs tried to address this issue to some extent but the major problem was that there was no culture of GESI law, plan and policy. The non-government sectors somehow tried to analyze some documents; however, it has not been in cohesion with the provided timeframe of laws, plans and policies making period. WFDM with partnership of IOM/UNWOMEN conducted GESI analysis of DRRM acts and other plan and policy documents of selected local governments of seven working districts: Dhading, Rasuwa, Kathmandu, Lalitpur, Bhaktapur, Sindhupalchok, and Dolakha.

Objectives of the Table Study:

The table research was conducted to fulfill the following objectives:

  • To review the Acts, plan and policies of local governments from GESI perspective.
  • To provide feedback so as to make GESI friendly DRRM plans and policies with the representation of local governments and stakeholders in the seven working Palikas.
  • To do evidence-based advocacy for GESI friendly plan and policy formulation.

Methodology of the Table Study

The study was conducted by reviewing the clauses and points of the acts, plans, directives and other documents that are biased, neutral, or progressive from GESI perspective. All the documents are made easy for amendments (if necessary) by preparing the documents in legal amendment format which is fostered in the three columns (ANNEXED) that includes:

  • The gender bias clauses and points are recommended to make neutral or progressive.
  • The neutral clauses and points are recommended to make progressive.
  • The progressive clauses and points are recommended to make more progressive if needed.

Analyzed Documents

The Acts, plans, and other policy documents are as follows.

DRRM Acts

  • The Model DRRM Act for Local Governments (Palikas)
  • The DRRM Act of Chautara Sangachok Gadhi Municipality, Sindhupalchok
  • The DRRM Act of Nilakantha Municipality, Dhading
  • The DRRM Act of Gosaikunda Rural Municipality, Rasuwa
  • DRRM Act of Changunarayan Municipality, Bhaktapur

DRM Plans

  • LDCRP Shankarupur Municipality, Kathmandu
  • LDCRP Changunarayan, Bhaktapur
  • DRM Strategic Planning, Bhimeshwar Municipality, Dolakha

Procedure

  • Disaster Management Fund Operating Procedure, Changunarayan Municipality, Bhaktapur
  • Procedures for the use and operation of search and rescue materials and first aid materials stored in municipalities and wards of Changunarayan Municipality, Bhaktapur.

 

Other Plan/Policy Documents

  • MEOC Operation Plan, Changunarayan Municipality, Bhaktapur
  • Emergency Preparedness and Response Plan, Changunarayan Municipality, Bhaktapur
  • Business Continuity Plan Bozini Nagarkot Resort, Business Continuity Plan

Findings of Table Study:

The findings from all the analyzed documents are presented below.

  • The Model DRRM Act for Local Governments (Palikas)

The model DRRM Act was prepared by the Ministry of Federal Affairs and General Administration (MoFAGA) to facilitate the local governments in the process of localization of DRRM Act. Most of the municipalities are still in the process of making DRRM Act and although some have already formulated the DRRM Act, they still need to reflect on the GESI aspect which is often missed out. The major findings of the model DRRM Act is as follows:

  • The draft document is GESI neutral overall; however, some of the provisions are progressive.
  • To guide the whole Act, the preamble itself needs to be made GESI responsive which at the moment is GESI neutral.
  • The Municipality level DRM committee under clause three of the model Act is GESI biased because fifteen members have no provision for representation of women, children, dalit, disabled and other vulnerable people. Furthermore, it should also consider not just quantitative representation of women but should also ensure meaningful participation.
  • GESI responsive data and prioritization of sex and gender disaggregated data should be incorporated from preparedness to reporting.

 

  • The DRRM Act of Chautara Sangachok Gadhi Municipality, Sindhupalchok

 

  • The preamble of the act is GESI neutral and it is the same as the model act. GESI responsiveness should be prioritized in the Act.
  • Disabled-friendly clauses during the process of construction and reconstruction are not included in the Act and should be ensured.
  • Disaggregated data collection, use and reporting provision should be ensured.
  • Excluded and vulnerable group specific capacity building should be ensured.
  • Women, children, single women, senior citizen and other marginal and vulnerable groups are not in the priority list for the distribution of relief materials during or after disasters. The general provisions will not be enough for vulnerable people during and post disaster.

 

  • The DRRM Act of Nilakantha Municipality, Dhading

 

 

  • The act has tried to incorporate provisions to be more child, woman and disabled friendly; however, it does not include all of the vulnerable and excluded groups. Hence, the constitutionally defined “Excluded and Vulnerable Groups” should be incorporated in every provision and in every phase of DRRM cycle.
  • The preamble of the Act is not GESI inclusive though it is the most important part to guide the whole Act. Hence, as mentioned above, the preamble needs to be made GESI responsive and not GESI neutral.
  • The accessibility guideline for People with Disability (PWD) during infrastructure development and post construction development is lacking in the Act. Additionally, the provision should also consider making the provision gender friendly with proper monitoring and evaluation mechanisms at place.
  • Under the role and responsibility of Local Disaster Management Committee, the provisions are very gender. However, priority should be given to children, pregnant, lactating and single women, disabled and other vulnerable groups (before, during and post disaster periods). Additionally, under the roles and responsibility clause it only mentions relocation of individuals living in disaster prone location but should also ensure prioritization of women, children, elderly, PWDs, marginalized and vulnerable.
  • The DRR information system should incorporate the needs of the PWDs, children, vulnerable and marginalized. It is rather better to incorporate in the Act itself to make it mandatory and better guidance.
  • Disaggregated data collection analysis, people centric planning, response and reporting is lacking.
  • In the DRM Fund clause, it is important to ensure special provisions and flexible funds for women, children, elderly, PWDs and excluded communities.
  • The clause on minimum standards on relief distribution, it is important to ensure safe and inclusive relief distribution space for LGBTQIA, PWD and marginalized.

 

  • The DRRM Act of Gosaikunda Rural Municipality, Rasuwa
  • The Local level Disaster management committee under clause 3 of the Act seems to be inclusive, which has added at least two members from women, children and disabled groups.
  • The preamble of the act has space to be GESI friendly; and as mentioned in other acts, the preamble is again GESI neutral.
  • It would be better to quote the Accessibility Guideline of Nepal Government in the act while including infrastructure related provisions which can help make it more inclusive.

 

  • DRRM Act of Changunarayan Municipality, Bhaktapur
  • The preamble of the act is GESI neutral and should be made GESI responsive.
  • There is space to make the inclusive Local Level Disaster management committee under clause 3 adding at least one member from women, dalit, disabled, children and excluded and vulnerable groups.
  • Some of the provisions are progressive like the provision against possible trafficking and violence during and post-disaster, especially against children, girls and women. Similarly, the ward level DRM committee looks inclusive but can be made GESI responsive.

DRM Plans

  • LDCRP Shankarapur Municipality, Kathmandu
  • The LDCRP is a good initiation for the Chagunarayan Municipality because it is a step ahead compared to other local governments that has been analyzed in this document.
  • Most provisions are GESI neutral and GESI disaggregated data collection and analysis is lacking.
  • Population-based planning is missing because not enough disaggregated data collection and reflection has been incorporated in the LDCRP plan.
  • The information on the population or community belonging to the vulnerable zone is not mentioned clearly in the planning document or further plans.
  • The need and importance of the plan, which is an important part of the document, is to be GESI neutral and should be made GESI responsive.
  • The strategy of implementation of this plan seems too general and not inclination to GESI responsiveness. Special provisions for excluded and vulnerable should be prioritized in the plan.
  • Participatory monitoring is missing and participation of the excluded and vulnerable groups is crucial for the monitoring process.
  • Under Table 12: Restoration and reconstruction activities under post-disaster recovery there are activities to address Earthquake; however there is still space to incorporate the identification and construction of safe houses for women and girls, and to take action against potential trafficking and other forms of violation scenarios during disaster.

 

  • LDCRP Changunarayan, Bhaktapur

 

  • Need and importance of planning is an important part of the document; however, this plan is not GESI inclusive and hence, there is space to add GESI provisions to ensure GESI responsive activities.
  • The implementation strategy of this plan is quite general and there is space to include capacity development of women, disabled, dalit community and other vulnerable people.
  • Vulnerability assessment is not based on proper data analysis and there is space to incorporate sex and age disaggregated data.
  • In table number 13, within 3 major activities during the time of disaster, temporary shelter provision is general which should include provision to make it safe and GESI friendly.

 

  • DRM Strategic Planning, Bhimeshwar Municipality, Dolakha
  • Strategy plan itself is a good initiation for disaster risk reduction and management; however, the document is GESI neutral and even gender blind.
  • The Section 4 Guidelines for implementation indicates how to implement the plan and its principles; however, GESI is not incorporated. The constitution itself has provision for being inclusive state and that should be incorporate in every government document especially the strategic plan.
  • Disaggregated data collection, management and reporting is a missing part of the document; this is crucial for disaster management before, during and post-disaster in all three phases and must be ensured.
  • Stakeholder inclusive monitoring should be incorporated along with the juxtaposition with disabled people, women, children, and other marginal groups where necessary.
  • In priority 4: a) response and strategic planning activities there is school based disaster preparedness plan however it would be better to include disability inclusive school-based disaster preparedness activities.
  • The strategic planning has the provisions to make activity specific guidelines and such guidelines could be used to make the plans GESI inclusive.

Procedure

  • Disaster Management Fund Operating Procedure, Changunarayan Municipality, Bhaktapur

 

  • The Expenditure procedure needs to be followed by the implementing agencies; however, that should be made easy and accessible for the marginalized people because they may be unable to clearly understand the procedure. In such a case, the implementing body should be given the authority for decision based on GESI responsive guidelines.
  • Under point 10, fund operating the provision of payment through bank may not be practical for marginalized and excluded community members and in that case the authority should have rights to decision only through GESI responsive guiding principles.
  • Procedures for the use and operation of search and rescue materials and first aid materials stored in municipalities and wards of Changunarayan Municipality, Bhaktapur.
  • Special search and rescue provisions are valuable for marginalized and vulnerable people like elderly, disabled, children and women. Information and updated data keeping is crucial in such cases; hence, digital data keeping systems using updated platforms should be built for easily accessible offline use.
  • General search and rescue skills along with information on the use of rescue materials should be provided to the excluded and vulnerable communities as well. Their skill-development would be supportive to save more lives.
  • Participatory monitoring of the excluded and vulnerable community should be practiced to provide dignified jobs and ownership during the time of disaster.

Other Plan/Policies Documents

  • MEOC Operation Plan, Changunarayan Municipality, Bhaktapur
  • The MEOC operation plan has GESI inclusive provisions.
  • In section – 2, Centers and functions, duties and responsibilities, no 4 – Working area of the center: it provides general provision for disaster preparedness; however this could be more specific to the inclusion of vulnerable people and excluded communities as well.
  • Similarly, in section – 4, general function of center provides provision on information collection and reporting which is again GESI neutral and should prioritized the excluded and vulnerable by including formats inclusive of sex and age disaggregated data information.

 

 

  • Emergency Preparedness and Response Plan, Changunarayan Municipality, Bhaktapur
  • In point 2.2, possible disaster situation, population centric planning, disaggregated data analysis on sex, age and other vulnerable groups is crucial.
  • Similarly, under the point 3.2.2, proper disaggregated data management in disaster response phases should be ensured.
  • In disaster response, standardized safe house and security planning for women, girls, children and other vulnerable people should be included.
  • While planning food and non-food items distribution, the items should be based on their specific needs and not general to all. It should be reflected in the planning process.

 

  • Business Continuity Plan Bozini Nagarkot Resort, Business Continuity Plan
  • This document is very specific and can be best practiced through household level or business level planning which can save lives, minimize disaster risks and also bring awareness at the individual level through micromanagement.
  • Data of human resource and guests in the hotel should be updated, and it would be better to be make this data available through digital platforms to be used both online and offline.
  • A detailed map of all areas and departments of the hotels should be kept outside the resort in a safe place, which in times of search and rescue help the team in identifying where the working places are during the time of a disaster and locating who could possibly be trapped there.
  • While making tents to keep rescued guests, a separate space is needed for male and female. Toilets would also be better managed separately.
  • The most important part is that the resort should be disabled friendly, including the entrance to the hotel from the road.

Recommendations

Although the Act, policy and plan specific recommendations are presented above, further specific recommendations are provided to make GESI friend Act, plan, policies and procedures at the local level.

Recommendations for Acts.

  • Inculcate GESI responsive preamble in the Model Act itself as to ensure everyone follows it as a fundamental base. Additionally, GESI friendly and responsive clauses should be highlighted and prioritized in the Model Act to prioritize it.
  • Ensure population-based provisions and sex and age disaggregated data in pre-during-post disaster.
  • Ensure and establish PWD, children, elderly and women friendly infrastructure during construction and reconstruction period.
  • Information flow and management provisions should incorporate languages as per the needs of children, blind, deaf, marginalized and geography specific groups that may need special attention
  • Prioritize GESI specific guideline which is legally to ensure unbiased distribution of relief materials during and post disaster.
  • DRRM act should make GESI responsive provisions in the Local Level Disaster Management Fund Management which includes flexible funds for excluded and vulnerable groups.

Recommendations for Plans and procedures

  • Collect and analyze sex and age disaggregated data and population-based planning in order to make the plan more practical.
  • Analyze the population and community information for vulnerable zones based on disaggregated data.
  • Temporary or permanent infrastructures made during preparation or after disaster should be ensured to be GESI friendly and responsive using standard GESI checklist.
  • Data management, monitoring, and accountability is an important part of DRRM; hence, specific responsible units should be appointed in every municipality but finalization of collected data and its management should be conducted centrally to ensure accurate updates and easy accessibility.