Kathmandu, October 12
The government has introduced a new procedure to legally declare people missing in the Bhotekoshi River floods in Rasuwa dead.
Under the procedure approved by a meeting of the Executive Committee of the National Disaster Risk Reduction and Management Authority, family members of missing people must submit an application with a self-declaration to obtain a death certificate.
The government has introduced the procedure to prevent fraudulent claims for relief and compensation. However, families grieving the loss of loved ones must now complete the mandatory administrative process to obtain legal recognition of their deaths.
The procedure sets out separate processes for identifying and declaring missing Nepali and foreign nationals dead.
Procedure for Nepali citizens
Local governments will publish a public notice giving a maximum of five days to establish the identity of each missing person. After the notice is published, a family member living in the same household must submit official documents establishing the missing person’s identity and their relationship with the applicant to the ward office.
Applicants must also fill out a form with their photograph and fingerprints, stating that the person went missing in the Bhotekoshi floods on August 26.
They must submit a self-declaration confirming that the person did not go missing for any reason other than the floods. Applicants must also agree to face legal action if the information they provide is found to be false.
If the missing person has no family member living in the same household, the ward chairperson will facilitate the application by preparing a field inquiry report in the presence of the ward secretary and local police.
Claims and recommendations
The ward committee will examine the applications and recommend them to the local disaster management committee. After verifying the list of missing people, the committee will publish the details and allow three days for objections or competing claims. If objections are filed, they will be investigated before the final list is sent to the ward office and district administration office.
The relevant district administration office must forward the final details, along with the district committee’s decision, to the National Disaster Risk Reduction and Management Authority and the provincial ministry responsible for disaster management within five days.
Foreign nationals to be verified through diplomatic channels
A separate and longer process has been established for foreign nationals who went missing in the floods.
The authority will send the collected details of missing foreign nationals to the Ministry of Foreign Affairs through the Ministry of Home Affairs.
The Foreign Ministry will forward the information to the respective countries’ embassies and diplomatic missions for verification. The verified details, including any additions or corrections, will then be sent back to the authority through the Foreign and Home ministries.
Under the procedure, the authority can forward a recommendation to the Home Ministry to declare a foreign national dead only after the verified details have been presented at a meeting of the executive committee.
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