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As recovery in Nepal begins after the 7.6 magnitude earthquake that struck in April 2015, there is an opportunity to ensure that reconstruction and resettlement policies and programmes are inclusive of women and those who are landless—some of the poorest and most marginalized people in the country. This will help address historic social inequalities and rebuild a stronger more equal Nepal. This briefing paper reviews the current situation and presents recommendations to help achieve this.
Summary
On 25 April 2015, Nepal suffered an earthquake of magnitude 7.6, followed by hundreds of aftershocks, the largest of which struck on 12 May 2015 and was of magnitude 6.8. Over this period, more than 8,700 people died and over 23,500 were injured. In addition to this, over 850,000 houses were destroyed or damaged. More than 117,000 people were displaced, of whom 26,000 are still displaced a year later. In total, over 8 million people across 31 districts were affected by the earthquake.
As reconstruction begins, this paper looks at land rights and resettlement, and considers Nepal’s opportunity to ‘build back better’ and ensure greater land equality, especially for marginalized people, such as the Dalit caste, indigenous groups (Janajatis), many of whom are also landless, and women.
Experience from other disasters shows that women and those who are landless are often excluded from reconstruction and recovery policies and plans, largely due to a lack of documentation proving eligibility for support. When this happens, recovery takes longer, with people still in temporary shelter many years later.
Conversely, the World Bank has found that when women have land entitlements, poverty is reduced and equality increased. Women and girls face reduced risks of domestic violence and forced marriage, and children’s health and education improve.
Women in Nepal traditionally have limited land rights and access to entitlements. Recent legislation and policies have started to change this; however, entrenched cultural norms mean that whilst the policies may be in place, people chose not to take them up. This has exacerbated the impact of the earthquake on women, as their lack of rights and access to land—particularly due to a lack of documentation or being named on documentation—means that they need to rely upon local advocates to put their case forward for support to the authorities. For reconstruction to be inclusive and ensure that Nepal builds back better, women need to be central to the programmes and policies and their rights need to be fully recognized.
Squatters and those who are landless tend to be the most marginalized people in Nepal, living on hazard prone and poor quality land even prior to the earthquake. The earthquake has exacerbated their existing vulnerability and they are now at risk of being excluded from reconstruction efforts due to a lack of land ownership and documentation. If reconstruction efforts exclude them, they will continue to be marginalized and live on unsafe land, and the opportunity to build back better will have been missed.
Reconstruction and recovery provide an opportunity to build back better and more equitably, ensuring resilience and reducing landlessness. The National Reconstruction Authority (NRA) has been set up and is developing policies and plans. The Government, supported by the World Bank, is developing a Post Disaster Reconstruction Framework (PDRF) which includes gender equity as a focus. This provides an excellent opportunity to recognize women’s land rights in reconstruction and rebuild more equitably. Furthermore, the Government is developing a procedure to provide people with land registration, even for those who are living on land where ownership is undefined. This procedure will also prioritize Joint Land Ownership (JLO) to improve women’s land rights. If the procedure also considers the needs of landless people this then too would help to ensure more equitable and resilient reconstruction.
For some communities, resettlement will be necessary if they are on hazard prone (unsafe) land. Communities that we spoke to welcome resettlement if their land is deemed unsafe. Resettlement sites, however, should not be too far from their original community so that people can access their agricultural land, or if this is not possible, new agricultural land should be provided alongside the land for housing, and all necessary facilities supplied. Resettlement needs to be community led with free, informed and prior consent.
Oxfam has responded to many disasters globally and has learned lessons from these disasters which could support Nepal in reconstruction and resettlement. However, recovery should not only be considered to be the responsibility of the Government, it is also the responsibility of the people to create the communities they want through good community governance. Oxfam and CSRC have experience of community land rights projects in Nepal, and principles from this can be applied to earthquake-affected areas.