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Disaster Laws International norms for international disaster response & preview of disaster law at the 31st International Conference Bridgetown, Barbados October 19, 2011 David Fisher, IFRC IDRL Programme Coordinator www.ifrc.org Saving lives, changing minds. Disaster Laws Why legal preparedness for international disaster response? (IDRL) www.ifrc.org Saving lives, changing minds. More frequent and larger natural disasters More and different international responders Absence of procedure to regulate the increasingly complex context Disaster Laws Research shows that the lack of legal preparedness hampers int’l relief Research 27 legal case studies Global survey Regional forums Findings Unnecessary delays and costs Unnecessary relief items, poor coordination, lack of respect www.ifrc.org Saving lives, changing minds. Disaster Laws A few anecdotes www.ifrc.org Saving lives, changing minds. Disaster Laws Key global treaties Istanbul Convention (1990) Kyoto Convention (rev 1999) Tampere Convention (1998) Convention on Maritime Traffic (1965) Chicago Convention, Annex 9 (rev 2004) www.ifrc.org Saving lives, changing minds. Conv. on UN P&I (1946 & 1947) Vienna Conv. (1961) Int’l Health Regs (rev 2005) Covenant on ESCR Rights (1966) Disaster Laws Regional agreements ASEAN Agreement Draft SAARC Agreement APEC Strategy SCO Agreement SOPAC Agreement EC Civil Protection Mechanism BSEC Agreement NATO Guidelines Inter-American Convention CDEMA Agreement CAPRADE Agreement CEPREDENAC Agreement www.ifrc.org Saving lives, changing minds. Arab League Agreement ECOWAS Mechanism IGAD Agreement Disaster Laws A few “soft law” instruments Resolutions and Guidelines UN General Assembly Resultion 46/182 (1991) UN General Assembly Resultion 57/150 (2002) (INSARAG) Oslo Guidelines on the Use of Military and Civil Defense Assets in Disaster Relief (rev’d 2007) Codes and Standards Red Cross/NGO Code of Conduct (1994) Sphere Charter and Minimum Standards (2000) www.ifrc.org Saving lives, changing minds. Disaster Laws Red Cross/Red Crescent (Soft) Law Status Agreements Statutes of the Movement Roles of the components fundamental principles Principles and Rules mechanisms components Other resolutions on facilities for the Movement www.ifrc.org Saving lives, changing minds. for assistance between visas, radio frequencies Disaster Laws Achievement of the 30th International Conference: the IDRL Guidelines www.ifrc.org Saving lives, changing minds. Adopted by consensus by the state parties to the Geneva Conventions in 2007 Compile existing international norms and best practice Recommendations to governments on how to prepare domestic laws and procedures for international assistance Disaster Laws The IDRL Guidelines’ proposed legal facilities Personnel Goods and equipment www.ifrc.org Saving lives, changing minds. Customs clearance and duties Food, vehicles, telecoms, medicines Transport Domestic legal status Visas Work permits Professional qualifications Power to open bank accounts, contract, etc. Taxes Security Extended hours Costs Disaster Laws Aid providers always: The IDRL Guidelines’ standards Abide by domestic and international law Coordinate with domestic authorities Abide by humanitarian principles To the greatest extent practicable, they: Meet int’l quality standards Coordinate with other actors Involve beneficiaries Use fully trained personnel Build on local capacities www.ifrc.org Saving lives, changing minds. Disaster Laws Three disaster law topics at the 31st International Conference Legal preparedness for international disaster response (IDRL) Legislating enhanced disaster risk reduction, particularly at the community level Regulatory barriers to emergency and transitional shelter for people affected by natural disasters www.ifrc.org Saving lives, changing minds. Disaster Laws Progress on country-level implementation of the IDRL Guidelines Reported follow-up on the IDRL Guidelines 9 new laws/ procedures 2009 Survey 2011 Survey 60 50 50 45 43 11 pending 40 30 20 formal technical assistance projects 23 24 20 10 0 Using the IDRL Dialogue about Advised Guidelines for IDRL Guidelines Government laws States (2009) National Societies (2009) www.ifrc.org Saving lives, changing minds. 22 Disseminated the States following National Societies Guidelines up following up States (2011) National Societies (2011) Disaster Laws Progress on mainstreaming the IDRL Guidelines (some examples) International Regional www.ifrc.org Saving lives, changing minds. UNDAC preparedness missions UNGA/ECOSOC resolutions WCO resolution ILC “draft articles” Commonwealth Americas/ASEAN questionnaires OAS GA Resolution AU Humanitarian Policy Framework EU Council Conclusions CAPRADE manual Disaster Laws Why disaster risk reduction at the community level? www.ifrc.org Saving lives, changing minds. Prevention is much better than cure Research shows that the community level is consistently under-served Communities are also under-used resources for their own protection Disaster Laws What can legislation accomplish when it comes to disaster risk reduction? Legislation is an important tool to increase impact at the community level – it can: www.ifrc.org Saving lives, changing minds. empower communities to take an active role promote full implementation of incentives prioritize resources for community level work encourage accountability Disaster Laws Why regulatory barriers to emergency and transitional shelter? www.ifrc.org Saving lives, changing minds. Shelter is critical to health, safety and recovery Shelter professionals say that regulatory issues are among the biggest barriers they face Many of these barriers have complex origins – but, as a first step, short-term answers must be found Disaster Laws Regulatory barriers to shelter – key questions www.ifrc.org Saving lives, changing minds. What can be done for persons who lack formal title? How can we quickly obtain (temporary) use of land? How can we avoid homelessness pending disputes over land ownership? How do we ensure equitable shelter assistance?