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Call for Judicious Settlement of Post-Earthquake Conflicts

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November 1: Experts during an interaction stressed on the need of judicious settlement mechanism in Nepal in order to resolve the conflicts arising after disaster. The interaction titled ‘Post-Earthquake Conflict Resolution’ was organised by South Asia Watch on Trade, Economics and Environment (SAWTEE) in the capital on Tuesday, October 31.

This is the fifth such discussion forum organized by SAWTEE under the project ‘Initiating dialogue on Post Disaster Reconstruction Experience’ undertaken with support from The Asia Foundation (TAF), reads a press statement issued by SAWTEE.

Mohan Das Manandhar, executive director of Niti Foundation, pointed out that the earthquake-affected areas have seen a number of conflicts related to loss of livelihood, unequal distribution of aid, issues related to ownership of land, migration and the resultant resource crunch, struggle arising from scarcity of drinking water and irrigation resources.

He said that cases of domestic violence have increased in the earthquake affected areas, which is also a part of increased conflict. However, the nature of these conflicts is not only issue-based, he explained, adding that these are the manifestations brought by the existing institutions such as caste, religion, identity and resultant access to resources.

Thus, existing legal and alternate dispute settlement mechanism needs to be strengthened adequately to address the conflicts arising during disasters.This opinion was seconded by Dr Ram Krishna Timalsena, executive director of National Law College and former registrar of the Supreme Court of Nepal.

During reconstruction, legal and conflict-mediation experts said that there should be provisions such as free legal aid to the victims in need, prioritised handling of disaster related cases at the court, but such mechanism is not present in the present legal framework.

“Moreover, lack of redressal mechanism is also stifling the conflict resolution,” Timalsena added, citing that if a chief district office refuses compensation to the victims under certain conditions, the victims do not have any access to redressal.

Ajay Dixit, executive director of I-SET Nepal, pointed out that the social and political forces contribute to escalation and de-escalation of conflicts at such times.

Preeti Thapa, senior program officer at The Asia Foundation, emphasised that if the systemic roots of these conflicts are not addressed then mediations will only be episodic.

Some 30 participants from various organizations, including research institutions, experts, activists and development partners, participated in the event.

 

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