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com/group/GUJARATDEVELOPMENT/message/69 EARTHQUAKE AFFECTED RELIEF & REHABILITATION SERVICES (EARRS) EARRS Documentation July 08: -------------------------------------------------------------------------------CONTENTS: NHRC report on earthquake Appeal by BSC -------------------------------------------------------------------------------EARRS is a secular and non-sectarian civil society initiative by several NGOs and social action groups converged to provide relief to quake victims, respect the efforts of other NGOs and networks in earthquake relief evolve long term reconstruction & rehabilitation, facilitate compensation claims, monitor relief efforts by the State and others to ensure that relief reaches all irrespective of caste, religion, gender and age, advocate and campaign for disaster policy and management --------------------------------------------------------------------------------

NHRC report on earthquake NATIONAL HUMAN RIGHTS COMMISSION SARDAR PATEL BHAVAN, NEW DELHI Name of the complainant : SuoMotu Case No. : 581/6/2000-2001 Date : 28 May 2001 CORAM: Justice Shri J.S. Verma, Chairperson Justice (Dr.) K. Ramaswamy, Member Justice (Mrs.) Sujata V. Manohar, Member Shri Virendra Dayal, Member PROCEEDINGS

Taking suo motu cognizance of the national calamity arising from the devastating earthquake on 26 January, 2001 which hit large areas of the State of Gujarat, the Commission expressed its deep sense of sorrow and concern for the unprecedented loss of life and property as a result of this catastrophic event. The Commission took note of the action taken to provide immediate relief by the Central Government, the State Government of Gujarat, various other states and national governments as also national and international Non-Governmental organisations which provided immediate relief. The Commission was concerned that such relief measures should reach the vulnerable sections of the society viz, the poor, women, children and older persons. The Commission therefore decided to observe .the system or providing relief and rehabilitation to the quake affected so as to ensure that the assistance was provided on a uniform basis and without any discrimination. The Commission was also aware that there was a need to look into issues like preparedness for facing such calamities, measures for earthquake proofing of constructions and the issue of coordinating disaster relief in a planned and rational manner. It is well known that the Commission had involved itself in the relief and rehabilitation measures in Orissa in the aftermath of the super cyclone in order to participate in the exercise of prevention of any further violation of human rights of those affected by the natural calamity focusing greater attention on the weaker and disadvantaged section of the society. Keeping in mind that precedent and the generally perceived efficacy of the Commission's intervention in Orissa, the Commission has engaged itself in this task in Gujarat in the aftermath of the recent devastating earthquake. The Commission, therefore directed Shri P.G.J. Nampoothiri, Special Representative of NHRC stationed in Ahmedabad to report on the relief and rehabilitation measures. The Commission also deputed Shri N. Gopalaswami, the Secretary General to visit the affected areas, interact with the district officers and also the senior officers of the Government at Gandhinagar. The Commission considered the report of the Secretary General dated 19 February 2001 and 23 March, 2001. After considering the Report of the Secretary General, the Chairperson, Justice J.S. Verma visited Kutch District to apprise himself at first hand about the relief and rehabilitation measures. We have carefully considered the detailed report submitted by Shri N. Gopalaswami, Secretary General during his visit and the report of Shri P.G.J. Nampoothiri and the issues that came up during the Chairperson's visit. The Commission places on record its appreciation of the work done by these officers. The Commission also notes with satisfaction that during the visit of the Chairperson, the Collector of Kutch District assisted the Chairperson throughout from the morning till about 3.30 PM on 18 May, 2001 when the Chairperson met with the officers and the NGOs and subsequently on the next day, when the Chairperson returned to the District Headquarters after his tour of the

affected areas. The Commission places on record its appreciation of the assistance extended by all officers and in particular, the Collector, Kutch, Shri H.N. Chibber. The Commission is aware that the task of rehabilitation is stupendous and will also be long drawn out. The Commission is of the opinion that the quake affected will need to be provided relief and rehabilitation promptly and without in any way aggravating the hardships which they are already undergoing. It is therefore, necessary that the Administration at the state level is sensitive to the requirements or the quake affected in large areas of the State, and for promptly dealing with the grievances, it is able to decentralise its powers and empower the officers at the respective districts to enable them to take prompt action so that the rehabilitation process is speeded up. The Commission has also received a copy of the Judgement dated 17 February, 2001 of the Gujarat High Court in the case BIPINCHANDRA J. DIWAN Vs. STATE OF GUJARAT (Special Civil Application No. 844 of 2001) and is gratified to note that the High Court has sent a copy of its Order in that case to this Commission for "necessary action and intervention if necessary in redressing the complaints of violation of human rights in accordance with the provisions of Section 12(b) of the Protection of Human Rights Act, 1993." The Commission has noted that the High Court has associated the District Judge in each district as Ombudsman who would, in his role as Ombudsman receive complaints from the affected persons, and take up the same with the authorities for providing quick relief and for this purpose also activate the legal aid system. The Commission expects that the District authorities effectively cooperate with the Ombudsman and ensure that the grievance procedure envisaged by the High Court is effectively implemented. During the Chairperson's visit to Kutch district, advantage was taken of the presence of District Judge as well as other officers of the executive and the judiciary to explain to them the true nature and purport as well as the philosophy underlying the High Court's above order. The incoming as well as outgoing District judge namely, Shri V.S.Bhatt and Shri H.M.Prajapati respectively, were present throughout apparently, in accordance with the instructions of the learned Chief Justice of Gujarat. Their presence was of considerable help in ensuring proper appreciation of the role of the District Judge as ombudsman as of the other officers, according to the High Court's order. The Chairperson explained to the officers that the order was made by the High Court in exercise of its power under Article 226 of the Constitution for the protection and enforcement of human rights of all those affected by the earthquake; and in view of the long drawn exercise needed for the purpose, the District Judge in each district was named the ombudsman for monitoring compliance of the High Court's directions, with the National Human Rights Commission also participating in that exercise by virtue of High Court's order in addition to its statutory powers.

The role of the State in discharge of its duties of relief and rehabilitation in the aftermath of the earthquake has thus to be performed with the active participation of the judiciary as well as the NHRC, since every institution, as a limb of the State, is required to contribute in the performance of the stupendous task. Obviously, the involvement of the community through the NGOs and other social activists is also with the aim of discharging the citizen's duties. It was emphasized on all the officers as well as the NGOs etc. that the work of each being for a common purposes, it must be ensured that there is no confrontation since the role is not adversarial. Designation of the District judge as ombudsman in the High Court's order has to be understood and appreciated by everyone in this manner. So perceived and appreciated, there should be no occasion for any confrontation between the agencies, all of which are working for a common end. It was also explained that the needed directions and recommendations for performance of the task may be made by the NHRC from time to time. Hopefully no occasion may arise for seeking an order/direction from the Gujarat High Court pursuant to its above order. But if such an occasion arises due to any doubt or ambiguity, that remedy would be available to the District judge as ombudsman and also to the NHRC. It is in this manner, the High Court's order has to be construed and appreciated. In short, the proceedings before the Gujarat High Court, which led to the making of the above order, is to monitor the relief and rehabilitation work in Gujarat through the now well established judicial process of 'continuing mandamus'. It is to be noted that all the government officers including the District Judges and NGOs etc. indicated their understanding and appreciation of the High Court's order as explained to them by the Chairperson. After careful consideration of all material available to it from the above sources, the Commission considers it necessary to make the following directions and recommendations: DIRECTIONS With the delay in the announcement of rehabilitation package and the slow progress of rehabilitation work, the quake affected have been exposed to the heat of summer and with the rains dose at hand, their difficulties will be further aggravated. The State Government, is, therefore, directed to ensure that before the monsoon breaks, temporary shelters are provided to all quake-affected people.

The State Government should complete enumeration of the orphaned children, destitute women and elder citizens and draw a plan of action for providing relief and rehabilitation to each of these categories. Special care has to be taken by the Government, of the affected people who are also belonging to the marginalised sections of the society namely SC/ST and it should be the government's endeavour to ensure that the provisions of relief to the affected members of this section of the population is adequate and there is no exploitation The Commission draws the attention of the State Government to the issue of rehabilitation of the orphaned children especially the girl children and the government is directed to ensure that the mechanism is set up by which over the long term the case of each child is carefully monitored and the concerned officials are sensitized to prevent any exploitation of the children at the hands of relatives or others. The Commission desires that any policy providing adoption should take into consideration not only the revised Guidelines for Adoption of Indian Children, 1995, as laid down by the Supreme court and seek the advice and assistance of the Central Adoption Resource' Agency but should also be sensitive to communities views about adoption of children. The Commission is aware that the rehabilitation work especially reconstruction is likely to take the best part of a year or even more and the requirements of different sections of the affected are unique to their situation. The Commission, therefore, desires that the government should ensure that in the provision of relief and rehabilitation assistance, the requirement of every section is 'taken care of and there is no discrimination of any section of the affected population whether in terms of receiving relief and rehabilitation or whether in being provided access to such relief or in terms of recognition of the donor or agency which is willing to provide relief and rehabilitation. In view of the fact that a large number of people have been injured, some very seriously, government should come out with a plan long term relief and rehabilitation for those orthopaedically affected with special reference to the amputees and those who suffered spinal/hip injuries resulting in partial/permanent incapacitation. In the meanwhile it should be ensured that temporary medical/health Centres that are easily accessible to all the people are set up. The Commission is of the opinion that rehabilitation process will be aided if the decision making process is simplified and more powers are granted to officers stationed at Bhuj. The Commission, therefore, requests that State Government empower an officer stationed at Bhuj with sufficient powers so that the problems of the affected people can be sorted out at the district level itself instead of being required to be dealt with at the state capital, Gandhinagar. Such a course would be expeditious and would also increase the credibility of performance.

The Commission is concerned that the Dalits who have migrated to areas nearer to Bhuj from areas north of the District are being asked to go back. The reason for their migration is that they find better economic opportunities near the District headquarters. It must be ensured that the return of the Dalits to their villages should be entirely voluntary. Looking to the fact that a large number of recently constructed multi-storey buildings collapsed in different parts of the State specially at Ahmedabad which was almost 400 kms. from the epicenter, the Commission is of the view that there definitely is need for the government to look at building bye-laws, update them to take care of the increased risk from earthquakes and most importantly in ensuring proper implementation of the building bye-laws. In this regard the following issues need attention:

updating the building bye-laws according sufficient importance to the scrutiny and sanction of structural plans ensuring that structural plans are prepared by qualified persons Transparency in terms of publicity to structural plans, mandating the availability of structural information of any building to the residents and also to the public at large third party inspection of structures at the lime of actual construction, preservation of structural plans of multi-story buildings in digitised format, creating an independent agency where these plans will be preserved are some of the issues which could be deliberated upon by the State Government as well as by the Urban Development Ministry of the Government of India RECOMMENDATIONS 1. The State Government is advised to issue family identity cards in order to ensure that assistance goes to right people. 2. To be successful, the long term relief measures will need to associate NGOs, prominent citizens, philanthropic organizations and it seems that there is a ground swell of assistance from NGO organisations. The Government is therefore advised to formalize the cooperation and assistance of the NGOs by having an NGO Coordination Body in each affected area and in respect of Kutch District preferably for each taluka.

3. The Commission has noted that the communication system was a major casualty of this calamity and as in Orissa, in Gujarat too, the HAM Radio system provided immediate relief in terms of communication facility and therefore the Commission requests the State Government to formulate a plan to set up HAM Radio Clubs in schools/colleges in the earthquake/cyclone prone areas of the State and especially in the districts of Kutch and all districts of Saurashtra as these are prone to cyclones. 4. The State is prone to natural calamities like floods, cyclones and earthquakes. The Commission is of the view that it is advisable for the State to raise a Special Battalion which will be in the nature of a Rapid Action Force which specializes in providing sophisticated relief and rehabilitation assistance. It should also be given specialized equipment. 5. Looking to the reports that much of the relief/rehabilitation effort is directed towards Kutch district while other equally affected areas in the talukas of other districts like Patan, Surendranagar, Rajkot, Jamnagar, it is alleged, did not receive sufficient attention, the commission would like to draw the attention of the government to this issue and requests the government to ensure that rehabilitation assistance and plans are made available to those areas also in adequate measure. 6. The recent experience in Orissa and Gujarat emphasizes the urgent need for an elaborate disaster Management Plan for the future to deal with all natural or man-made tragedies/ calamities. Experience has shown that the event finds the machinery illequipped to gear up to immediate action to combat the situation and the response is of panic. It is necessary that a detailed plan with duties clearly defined and assigned to individuals should be indicated in advance so that there is no panic or knee-jerk reaction and even during emergency the role of each officer is clearly defined and there is coordination in the performance of all. 7. National plan needs to be prepared by the Government of India in collaboration with the State Governments which may make suitable modifications for local needs. MONITORING SYSTEM 1. In order to monitor closely the follow up action being taken by the Government to implement the directions and to act upon the recommendations of the Commission enumerated above, the Commission is pleased to set up the following group: Shri P.G.J. Nampoothiri, Special Representative, NHRC Shri Gagan Sethi, Managing Trustee, Jan Vikas Trust

Smt. Annie Prasad, President of Kutch Mahila Sangathan Prof. Anil Gupta, IIM Ahmedabad 2. The monitoring group will visit the affected areas individually or collectively and provide the NHRC periodical reports, preferably monthly, covering the following issues: (i) The level of compliance with the directives of the Commission at the field level with special reference to provision of relief to orphaned children, destitute women and destitute senior citizens, Scheduled Castes and other marginalized sections of the society including minorities. (ii) Whether there is any discrimination based on caste, community or religion. (iii) Whether there is transparency in action and free flow of information to the affected persons and to NGOs and other agencies involved in the rehabilitation work. (iv) Grievances, if any, of the affected population as brought out before the monitoring team and remedies thereof. The team members will be reimbursed actual travel costs and out of pocket expenses. Special Representative of the NHRC will coordinate their visits and would arrange to have the reports sent to SG, NHRC. 3. Copies of this Order be sent to the Chief Minister, Government of Gujarat, Chief Secretary, Revenue Secretary, Relief Commissioner, Secretary (Women & Child Development), Health Secretary, Secretary (Social Justice & Empowerment), Chief Executive, Gujarat Disaster Management Authority, Central Relief Commissioner & Additional Secretary, Department of Agriculture &. Cooperation, Secretary (Women & Child Development), Govt. of India The Commission also considers it appropriate that the Prime Minister be apprised of the action so taken by the Commission by a letter to this effect sent by the Chairperson, as was done in the case of Orissa cyclone.

-------------------------------------------------------------------------------BSC: Relief Activities in the Earthquake Affected Areas of Gujarat: Perceptions of the Marginalized Communities Dear Friends,

The EARRS Documentation of July 07 carried our pressnote of 26th June, 2001 regarding Relief Activities in the Earthquake Affected Areas of Gujarat: Perceptions of the Marginalized Communities. We plan to publish our full report on this issue by the beginning of August. As part of the effort to gather support for our recommendations to the Government of Gujarat, we will be incorporating a list of NGOs and concerned organizations that support our stand. We would appreciate it if you could send us an email at ppdmbsc@icenet.net or sxnfes@vsnl.com to let us know that you support our recommendations. Please note that the same Pressnote has been uploaded on our website: http://www.angelfire.com/hi/NGOBSC. We will keep you posted on our further research on this issue. Waiting for your response at the earliest, Anita Dixit Research Co-ordinator -------------------------------------------------------------------------------To Download full copies of studies circulated by EARRS Documentation, go to: http://groups.yahoo.com/group/GUJARATDEVELOPMENT/Files The following reports are available: 1. OxfamIndia Report. doc (Gujarat earthquake: healing the wounds - Rapid need assessment report and long term intervention strategy) 2. Anusandhan.pdf (Anusandhan report on rehabilitation) 3. School.pdf (Anusandhan design of rural primary school) 4. Balasar Camp Report. doc (relief activity by Narmada Bachao Andolan NBA in Kutch) 5. SXSSS.doc (Relief work in Naliya & Lakhpat in Kutch: details of damage) 6. World Bank/ Asian Development Bank: Gujarat Earthquake Recovery Program Assessment Report (full report & annexes in 2 pdf files) 7. JSM.pdf (Diagrams & figures from the JAN SANGHARSH MANCH'S REPORT: Kutch Quake Profile) 8. IN ACTION. pdf (OXFAMINDIA'S NEWSLETTER) 9. BSC.doc (Relief Activities in the Earthquake Affected Areas of Gujarat: Perceptions of the Marginalised Communities) -------------------------------------------------------------------------------NOTE: If you do not wish to continue receiving EARRS Documentation, please send a blank email reply (with subject: discontinue) to this message.We will instantly take you off this list. However, you can browse the entire EARRS documentation and messages at http://groups.yahoo.com/group/GUJARATDEVELOPMENT Thanks. willy (wilfred)

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