Regulatory framework
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The New Constitution: Federal structure and decentralization by Jibgar Joshi
For its own convenience, the government has made provisions several times for the regional administration. However, they were never considered as a part of the constitutional process. There is a distinct role of the State to be carried out at the regional level. A federal system will legitimize that role constitutionally. This is the most important aspect. In this context, it is necessary to use the opportunity created by the recent political development in making decentralization work more effectively.
The local government failed to penetrate deeper. It is not likely that transfer of power from the national government to the local level will help to deepen decentralization. The reasons are:
• The national government is too busy to deal with the local issues.
• There are no binding obligations for the center to give adequate attention.For a long period, the need for regional administration has been felt. Federal system of the government will fill in the gap. It will allow the local government to deepen decentralization. The empowerment of the people at the local level means the power should be devolved to the action level. It is likely that under a federal system, power will be more easily devolved deeper to the grassroots. It should aim at bringing people nearer to governance and not distancing them from it. Things that need to be brought to the local level can be brought more easily with this system.
In the process of the ongoing transformation of the Nepali society, the following points should be addressed:
• Whether it is a federal system or a unitary system, the share of the power at the action level should not be reduced.
• Some of the works now done at the local or national level should be directed to the federal level.
• The sharing of power and responsibility among different levels of government is crucial.
• Federal structure should not cause any additionality in terms of inputs and costs.The risk factor is whether the central government is prepared to share power with sub national governments. The trend so far has been to resist the process through bureaucratic means. Activities that the center cannot or should not do must be transferred to either the lower levels or the private sector. There are several ways that regional administration will foster decentralization. However the most important element is to make the center understand that the center simply cannot execute most of the works by itself. Once the responsibilities are devolved to lower levels, this should be strictly followed.
The regional level will also allow a careful scrutiny of development projects. The ability of the center to monitor development works at the local level is increasingly questioned. Federal government will be able to better monitor the local level works and actions.
Another advantage is related with the unwillingness of the key personnel to leave the capital. This is natural because power as well as key government functions, at present, are concentrated at the center. The federal system will reduce the attraction of the center with the dispersal of its power and functions. -
Characteristics and strengths of old buildings in Kathmandu against earthquake (Manuscript prepared in 1995 by Dr.Jibgar Joshi)
The ancient buildings and temples of Kathmandu Valley are fairly earthquake resistant. In most cases, possible precautionary measures had probably been taken in the planning, design and construction of these buildings. This is especially true for the construction of temples. Most of the important temples including Pashupatinath and Nyatapola have survived several high intensity earthquakes. The following characteristics of the old buildings could be considered to be their strengths, although some might be incidental or due to lack of modernity:
1. Floor to floor height is generally kept low.
2. Timber posts are used for vertical members
3. Continuous timber lintels over all types of openings are generally found.
4. The size of the openings is generally limited with enough distance between the openings.
5. Even when mortar used had to be of mud, fibrous and cementing materials are used.
6. The design is generally compact with all members tied together.
7. The location and orientation of the buildings and roads were also carefully thought out.
8. Height is generally restricted depending on the materials used.
9. Lighter roofing materials are used.
Just after the 1990 BS earthquake, the precautions advised to be taken in building construction show the wealth and depth of the knowledge that that generation had on earthquake resistant buildings. These include:
• Strong foundation, depth according to the soil properties and width as wide as possible to spread the effect of the earthquake.
• Brick should be of good quality and preferably polished.
• All parts of the construction should be well bonded. There should be no isolated/ detached parts.
• Openings should be limited. The distance between the openings should be enough.
• No false decorative elements with projections or cantilevers should be allowed.
• Iron beams in cement construction are preferred structural elements.
• Lime surkhi walls are also fairly strong. This may be more economical as less bricks will be required.
• Timber columns are preferred to brick ones.
• The corners of the walls must be bonded and tied. Arches must always be avoided. Lintels over openings should be preferably continuous.
• Floor to floor height should be limited. The total height allowed should depend upon the materials and methods used. For mud construction it should be much less; lesser the height better.
• Roofing should be as light as possible. Those who cannot afford c.g.i. sheets can use tins painted with kerosene.
• Reinforced concrete and cement are good materials.
• Masonry in lime surkhi and lintels over openings should be preferred.
• Buildings with mud mortar should not be tall.
• The poor should construct their houses with light roofing and compact design. -
Freedom to rebuild after earthquakes for resilient city – Jibgar Joshi
During the ninteen eighties, Turner’s seminal work “Freedom to Build” has influenced housing policy of most of the Third World countries and developed the concept of social housing where use value instead of exchange value of houses is predominant. (Turner 1976) Housing is more than a finished product. It is a process that guides an activity through which people provide themselves with shelter and services. In this process, people-bound resources are mobilized in the provision of shelter. Family needs over time for space are gradually and incrementally satisfied along with changes in family size and structure as well as resources. The first thing people need is a good location with respect to job opportunities. Then they need a piece of land, where they can build their shelter with whatever materials and resources available. Then they look for amenities like water, electricity and so on. They will go on improving their shelter conditions.
However, houses are being produced more and more as commodities meant for exchange value; and housing problems remained unsolved in many cities of developing countries even today. In addition to the use value, housing has an exchange value. As more and more land came under commercial use, most houses in highly urbanized areas began to be constructed as commodities, as something to be traded for (or to be rented). When housing is produced as a commodity, the meaning of self-help, people-bound resources, or the sense of belonging becomes less significant. This is the case of economic housing against the social housing. Real estate developers and private investors are involved in such activities. For instance, the recent developments that are taking place in Kathmandu is discouraging social housing. (Joshi 2013: p. 32)
Housing provides the owner with valuable assets. It is the most dependable asset. As its value appreciates over time, it generates income and serves as a good insurance. It is a status symbol. In societies as ours where maximum standards are not legally enforced or the ceiling is set at a very high level, the rich accumulates wealth in the form of land and buildings inhibiting the development of social housing.
There is a clear evidence to show Nepal’s failure to sustain housing industry and real estate business where houses are built for fetching exchange value. Governance related negligence, expectation of very high returns from housing investments leading to the exclusion of key industires, and overwhelming reliance of banks and national economy on real estate development all seem to have worked against economic housing. Are the recent earthquakes driving us towards a policy shift in favor of social housing?
An immediate observation shows that the soil condiitons of Kathamndu Valley in general limit the extent of landuse for intensive development. Another important fact to be obsered is that the houses built for exchange value suffered more than houses taken care by the dwellers themselves. This clearly shows that dwellers’ involvement in planning and constructing buildings makes a difference. Following Turner, dweller controlled building process should be encouraged as such buildings proved to be safer in aggregate terms. Buildings used as commodity and built for exchagne value suffered most. Institutional buildings as they lacked a sense of belonging with negligence in maintenance naturally were not better either.
Dwellers’ participation in the rebuilding process is the key to sustaining the resilience shown by our settlements. Through the housing process that people initiate, different institutions are urged to provide urban infrastructure and services; and the demand for urban goods and services is created for the business to operate and thrive. Through housing, neighborhoods and communities are formed, which eventually grow into towns, cities, and metropolises. The transformation from a tiny village to a town implies the provision of housing and infrastructure, which helps the village to grow as a thriving economy. The mode of providing housing in rapidly growing urban areas that have acute shortage of housing and services is an important factor that shapes cities. Housing process saves our cities from major economic catastrophes since the financing of urban development is expanded by bringing the people into the process. This becomes self-sustaining as people’s ability to pay for services increases. The polciy should enhance people’s access to more resource and more power.
The provision of housing and services through the formal sector, whether public or private, has failed to cater to the needs of all and the poor in particular. Moreover such an approach has an adverse impact on the development of local buidling materials and alternate technologies.Public agencies are facing many problems in the delivery of housing related services in a satisfactory way. In order to reduce the further load on the already stretched mechanisms of most of the agencies, it is necessary to pursue development in a decentralized way. People should be encouraged to participate in the process of rebuilding; and most of the resources will come through the process itself.
References:
Turner, J. and R. Fichter. 1972 “Freedom to Build”. New York: McMillian Co.
Joshi, J. 2013. “Housing and Urban Development in Nepal” Kathmandu: Lajmina Joshi.