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ICJ urges independent body to probe reconstruction

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KATHMANDU, March 29: The International Commission of Jurists (ICJ) has urged Nepal government to ensure availability of an independent and impartial mechanism to investigate complaints on post-earthquake reconstruction activities.

Publishing their preliminary report on Human Rights Impact of the Post-Earthquake Disaster Response on Tuesday, the ICJ and its partner Nepal Bar Association urged the authorities to ensure that the post-earthquake recovery moves forward in full accordance with the country's human rights obligations."Nepali authorities should ensure that an independent and impartial mechanism is available to promptly, effectively and transparently investigate complaints of discrimination, abuse of authority or corruption in both the prior phase of relief as well as the next phase of reconstruction and that those persons found responsible are held accountable," recommended the ICJ on the report.

The ICJ and Nepal Bar Association, the partner on preparing the report, also urged Nepali authorities to ensure that post-earthquake assistance is based on needs alone and without discrimination on any status grounds, including descent, gender, ethnicity or political affiliation.

The report has raised concerns that the government's undue delay in formulating a comprehensive long term policy plan for resettlement, livelihoods and other assistance for those displaced has severely infringed victims' right to adequate housing.

"The undue delay for political reasons in the establishment of a central coordinating body such as the National Reconstruction Authority (NRA), and the failure to provide adequate guidance to local authorities in the meantime, exacerbated the other infringements of rights by stalling the relief and reconstruction process," stated the report.

The ICJ has also said that the loss of documentation, including Earthquake Victim Identity Card, other personal identity records as well as land and property ownership records, greatly impacted victims' access to humanitarian assistance to fulfill at least the minimum essential levels of their economic and social rights and the right to recognition before the law.

"Nepali authorities should take special measures where necessary to ensure that women and marginalized and disadvantaged groups have equal access to assistance, including easing the procedural obstacles to obtain assistance due to lost documentation," recommended the international organization, which is composed of 60 eminent judges and lawyers from all regions of the world.



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