Victim assistance action points

• Establish a victim assistance coordination mechanism.
• Ensure the participation of mine/ERW survivors in the coordination and planning of victim assistance.
• Update the National Victim Assistance Strategic Framework and implement it.
• Strengthen the capacity of the Ministry of Peace and Reconstruction to fulfil its mandate to assist conflict-related victims.
• Conduct a national needs assessment survey.
• Ensure that healthcare services reach people in need living in remote areas.
• Develop physical rehabilitation services and improve access to assistive devices
• Develop psychological services and provide increased socio-economic inclusion services.

Victim assistance planning and coordination

International commitments and obligations

Laws and policies

Disability issues fall under the 2016 disability action plan,[7] and the Disability Rights Act adopted on 6 August 2017.[8] The Disability Rights Act provides equal access to education, health, employment, public physical infrastructure, or transportation and prohibits discrimination based on disability.[9]

The Nepalese constitution prohibits discrimination based on disability and guarantees the right to free higher education for citizens with physical disabilities who are “financially poor.” However, laws and regulations to improve rights and benefits for persons with disabilities are not fully effective.[10]

In January 2018, a demand paper was being drafted by the Conflict Victims Common Platform, calling for short- and long-term livelihood programs, rehabilitation of the displaced, employment for the victims, free education for the victims’ children, and free health services.[11]

The government provided monthly social security allowances for persons with disabilities. However, NGOs reported that little progress had been made regarding a 2012 Supreme Court order that the state do more for persons with disabilities.[12]

Major developments in 2017-2018

The UN Population Fund (UNFPA) reported that current government programs in support of persons with disabilities were not sufficient.[13] In 2017, it was reported that no specific actions were implemented by relevant national authorities to support mine/ERW survivors.[14] The MoPR is responsible for the financing of mine action and assisting conflict-related victims. However, its ability to fulfill this role was constrained by a high staff turnover in recent years.[15]

Needs assessment

No comprehensive assessment of the needs of mine/ERW survivors in Nepal has been conducted in recent years.[16] A lack of general, accurate data on the situation of persons with disabilities in Nepal was reported, making it difficult to assess the precise needs of persons with disabilities.[17]

The next national census will occur in 2021.[18] Statistics from the 2011 census and the National Federation for the Disabled were reported not to have included comprehensive data on the number of persons with disabilities as a result of conflict.[19]

Medical care and rehabilitation

Primary healthcare services in Nepal remained largely inaccessible to persons with disabilities living in remote areas.[20] Government healthcare services were limited to emergency care and very basic needs.[21] Moreover, many public places, including district-level and community-level health infrastructures, were not accessible.[22]

In 2017, the ICRC trained medical professionals in weapon-wound surgery and emergency-room trauma care.[23] Local actors were also trained in first-aid.[24]

The Ministry of Women, Children and Social Welfare (MoWCSW), the Ministry of Health and Population, and the MoPR were responsible for caring for persons with disabilities and for the provision of physical rehabilitation.[25] However, for regular physical rehabilitation most persons with disabilities relied on services funded through international assistance.[26] Access to assistive devices in Nepal was limited. There was no national manufacturing and distribution programs of such devices, and they continued to be mainly supplied by international and national NGOs.[27] In rural areas, there was a lack of technical knowledge for fitting of assistive devices.[28] Although there was no discrimination in terms of treatment received, civilians receiving rehabilitation services in military hospitals had to pay for their treatment, while militaries received treatment for free.[29]

The ICRC supported two physical rehabilitation centers with raw materials and equipment. It covered costs for devices, treatment, transport and/or accommodation for over 1,000 destitute people and supported partner organizations physical rehabilitation awareness outreach activities.[30] In 2016, Humanity & Inclusion (HI, formerly Handicap International) supported five rehabilitation centers, providing technical support, supporting the organization of mobile rehabilitation camps, supporting the identification and referral of persons with disabilities needing corrective surgery, and enhancing the sustainability of rehabilitation centers.[31] HI informed patients, including mine/ERW survivors, of their rights and referred them to relevant services.[32] The NCBL collected information about persons with disabilities’ needs for mobility devices, such as wheelchairs and sticks, and provided them with the appropriate, second-hand devices. The NCBL also supported survivors coming to Kathmandu for prosthesis fitting or repair, by providing shelter as well as money for food and transportation.[33]

Building sustainability within the rehabilitation centers remained a priority.[34] In 2017 the physiotherapy unit of the Bir Hospital in Kathmandu was handed over to the Ministry of Health.[35] HI ran a nine-year (2010–2019) funded by USAID to improve the quality, access, and sustainability of rehabilitation services.[36]

Led by the MoPR and the National Disabled Fund (NDF), the project for the provision of physical rehabilitation services to conflict-affected persons with disabilities was extended in 2016 and again in 2017.[37]

Socio-economic and psychosocial inclusion

Although the government mandates that each district allocates 15%of its budget for vulnerable groups, including persons with disabilities, most persons with disabilities had to rely almost exclusively on family members for assistance.[38] Municipalities allocated resources for income-generating activities.[39]

HI provided resources for skill training for livelihood activities for persons with disabilities, including civil war veterans.[40] HI also requested that microfinance institutions provide loans to persons with disabilities, including mine/ERW survivors.[41] The NCBL continued to support education for child survivors and other children with disabilities.[42] The NCBL also maintained its support to the National Network of Mine Victims, an informal survivor peer support network in 42 of the 77 districts of Nepal.[43] The NCBL conducted a livelihood and skill development program for survivors and other persons with disabilities and conducted a follow-up of the program.[44]

The NCBL provided some informal counseling in conjunction with other activities, such as encouraging survivors to participate in social, political, and economic activities.[45] HI continued to provide basic psychological support to persons with disabilities, though social workers.[46] Psychological assistance was reported to be almost non-existent outside of Kathmandu.[47]

The ICRC, along with partner organizations, promoted the social inclusion of persons with disabilities through sports.[48]

Victim assistance providers and activities