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The Caribbean Emergency Legislation Project
CELP
Claudia S. de Windt
Michelle-Ann C. Williams
Senior Legal Specialist and Section Chief
Environmental Law Policy and Good Governance
Legal Specialist
Department of Sustainable Development
Presented by
Pablo Gonzalez, Geodetic-geophysic Engineer, M.A., M.Sc.
Principal Disaster Risk Management Specialist and Section Chief
Disaster Risk Management and Adaptation to Climate Change, RISK-MACC
Department of Sustainable Development
Table of Content

Introduction: Rationale for the Project

Project Objective and Scope

Methodological Approach

Findings and Outcomes

Lessons Learned and Recommendations

The Inter-American System

Final Considerations
Introduction: Rationale

Exposure to Natural Hazards of high frequency occurrence –
hurricanes, floods and landslides …

Limited Response Capabilities under Stress by Cumulative
Impacts –in terms of institutional, human and financial
resources …
Conscious of the need to more strategically prepare for disasters … ensure the
adequacy of resources and promote disaster loss reduction.
Adapted from an Address by Hon. Freundel Stuart Q.C., M.P., Acting Prime Minister and Minister of Finance,
Investment, Telecommunications and Energy and Minister of Home Affairs at the opening of the XIX Meeting of the
Board of Directors of CDERA, May 13 2009.
Project Objective and Scope

Examine the current legal and institutional frameworks
pertaining to State of Emergency, and Budget Appropriation
and Execution with regard to Disasters.

Draw recommendations aiming at enhancing legal and
institutional frameworks for state of emergency and
appropriation in the participating countries.

Constitutional and Statutory Instruments of direct or immediate application to State
of Emergency and Disaster Management.

Enhancement of executive powers in the aftermath of a disaster, ensuring
transparency and accountability in the use of public funds.
Project Objective and Scope (cont...)
Antigua and Barbuda
Barbados
Belize
Dominica
Dominican Republic
Grenada
Haiti
Jamaica
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and Grenadine
Trinidad & Tobago
Civil Law Jurisdiction: unbound by precedent,
holds legislation as the primary source of law.
Common Law Jurisdiction: case law or
precedent.
Methodological Approach

Inventory of laws and institutions pertaining to state of emergency
and budget appropriation, and Country Assessments and Legal
Mapping;
Constitutional and Statutory Instruments, including: Quarantine Acts, Public Health
Acts, Physical Planning and Development Control Acts, Waste Management Acts and
Housing and Agriculture Acts.
Methodological Approach (cont…)

Comparison with selected countries around the world; and

Drawing Best Practices and Recommendations.
Benchmarked jurisdictions and institutions in the following operational and
legislative areas:
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Declarations of State of Emergency;
Funding, Infrastructure & Investment;
International Aid, Relief & Recovery Efforts;
National Security;
Health; and
Communication Systems.
Methodological Approach (cont…)

Desk Research: reports and documents;

Consultations with government officials;

In-country workshops, in Grenada and Jamaica; and

Regional Workshop.
Main Findings

Inadequate Financial resources available for Disaster Prevention and
Mitigation, and Emergency Response;

Weak Disaster Management and Response Infrastructure: scarce
personnel and poor inter-institutional coordination;

Lack of consistency and clarity in the vesting of responsibility for
declaring States of Emergency; and

Lack of clarity on the distribution of roles and responsibilities among
all participating agencies.
Other Findings

Lack of information at local level –particularly related to hazards
such as floods and landslides, and vulnerable groups (pregnant
women, elders and toddlers, disables, etc.); and

Absence of building codes and standards, and training programs for
self-constructors.
CELP PROFILE
Barbados
Legal Framework

Constitution of Barbados, 1996

Emergency Powers Act, Cap. 161
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Disaster Management Act, 2006
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Prevention of Floods Act, Cap. 235

Draft Barbados National Building Code (1193 Edition)
CELP PROFILE
Barbados
Institutional Framework
Department of Emergency Management (DEMA)

Promote advance disaster management at all levels; and
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Promote the development and maintenance of effective warning,
response and recovery
Budget Appropriation and Execution
From the Consolidated Fund are voted by the Parliament and
support DEMA’s operation.
CELP PROFILE
Barbados
Recommendations
Specific

Review and update the provisions of the Disaster Management Act
(2006) to consider emerging issues (i.e. CC Policy and Adaptation
Plan)

Incorporate the Draft Building Code into Law
CELP PROFILE
Barbados
Recommendations (cont…)
General
Establish adequate
Enhance
Update
legislative authority for disaster management
Risk Management and Insurance Coverage
National Emergency Plans and Procedures
Strengthen Community Committees
Improve
Capability of disaster and emergency personnel …
Lessons Learned. Recommendations

Legislative instruments need to be revised to
address conflicts and establish transparent
procedures;

National Disaster Management and
Emergency Response funds need to be
established;

Procedures and guidelines that ensure accountability, efficiency
and effectiveness, and discourage waste must be a priority; and

Local capacity must be increased and integrated into national
disaster management and emergency response governance.
Emerging Challenges

Physical and Economic Integration beyond CARICOM’s border;

Implementation of an Integral Approach to Disaster Risk Reduction:
Creation of a ‘Zar’ Agency (GAR 2011);

Adaptation to Climate Change vs. Disaster Prevention and
Mitigation, and Emergency Preparedness.
The Inter-American
System: From Response to
Risk Reduction
Inter-American Network for
Disaster Mitigation (INDM)
AG/Res. 2314 (XXXVII-O/07)
Inter-American Strategic Plan
for Policy on Vulnerability
Reduction, Risk Management
and Disaster Response
(IASP)
AG/Res.1955 (XXXIII-O/03)
1977: the Secretary
General of the OAS signed
an agreement with the
United Na-tions Disaster
Relief Coordinator
concerning the
coordination of disaster
relief in the Americas.
Inter-American Committee
on Natural Disaster
Reduction (IACNDR)
AG/Res. 1682 (XXIX-O/99)
Inter-American Convention to
Facilitate Disaster Assistance
Santiago, Chile, June 7, 1991
(AG XXI-O/91)
Inter-American Emergency
Aid Fund (FONDEM)
Res. VIII, Second Special InterAmerican Conference of the OAS
1965
1991
1999
2003
2007
The Inter-American
System: From Response to
Risk Reduction (cont…)
Five (5) Rartifications:
Panama (06/14/95)
Peru (08/26/96)
Uruguay (10/12/99)
Dominican Republic (03/25/09)
Nicaragua (08/06/10)
(*) Colombia signed on October 8th of 1992.
Inter-American
Convention to
Facilitate Disaster
Assistance
Santiago, Chile, June 7,
1991 (AG XXI-O/91)

Requests for and offers and acceptance of assistance

National Coordinating Authority

Direction and control of assistance
Transport vehicles, equipment and supplies
Access and transit routes [considerations for transit states]
Assistance personnel –Immigration and Protection
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[… shall not be subject to the criminal, civil or administrative jurisdiction of the
assisted state for acts connected with the provision of assistance.…]
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Restricted areas and Risk
Costs
Claims and Compensation
Governmental and non-governmental organizations
Adopted in 1991, went into effect in 1996 with the second ratification
Other Instruments and Frameworks

OAS General Assembly and Permanent Council: Resolutions
[AG/Res. 2647 (XLI-O/11); AG/Res. 2610 (XL-O/10); AG/Res. 2492 (XXXIX-O/09);
AG/Res. 2314 (XXXVII-O/07)); AG/Res. 2182 (XXXVI-O/06); AG/Res. 2184 (XXXVI-O/06)]
Inter-American Committee on Hemispheric Security (CSH)
 Inter-American Council for Integral Development (CIDI)
 Committee on Inter-American Summits Management and Civil
Society Participation in OAS Activities (CISC)/ Summit
Implementation Review Group (SIRG)
 Inter-American Program for Sustainable Development (PIDS) – Santa
Cruz (1996), Santa Cruz +10 (2006) and Santo Domingo (2010)
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Other Instruments and Frameworks
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Conference of Defense Ministers of the Americas - CMDA
IX CDMA: Declaration of Santa Cruz de la Sierra, Bolivia – November 2010
http://cdmamericas.org/PublicPages/Santa_Cruz_declarac_eng.aspx
‘14. The valuable contribution that the defense sector and armed forces can provide in
terms of specific support in response to natural and manmade disasters in coordination
with national and international humanitarian organizations and security agencies for
protection and civil defense, as part of an integral response to such disasters.
15. Their support for ongoing international, regional and sub-regional initiatives, in order
to strengthen the coordination, capacities, and hemispheric cooperation in the area of
natural disaster response…’
Other Instruments and Frameworks

Centro de Coordinación para la Prevención de los Desastres
Naturales en América Central (CEPREDENAC), 1993
“Regional Mutual Disaster Assistance Mechanism,” approved by the Central American Security
Committee on April 4th 2001 and made up of: (1) a Regional Plan for Disaster Reduction – PRRD; (2) a
Coordinated Cooperation Mechanism for Disaster Response; and (3) a Regional Disaster Standard
Procedure Manual for Foreign Affairs Offices, which establishes the Coordinating Centers for
Humanitarian Assistance (CCAH) as the support unit to the Centers for Emergency Operation (COE) for
Humanitarian Assistance.
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Caribbean Disaster Emergency Management Agency (CDEMA),
former Caribbean Disaster Emergency Response Agency (CDERA)
Among its functions is ‘(i) mobilizing and coordinating disaster relief, (ii) providing immediate and
coordinated response by means of emergency disaster relief, and (iii) securing, coordinating and
providing reliable and comprehensive information on disasters affecting any Participating State.’
Final Considerations
Legal Challenges for International Assistance

Legal Status of organizations
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Rating and Liability: Minimum Standards –RC, Sphere Project
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Assistance Personnel: Qualifications and Certifications, and Special
Immigrations Provisions

Imports of relief goods and equipment [temporary import thru transit states]

Increasing knowledge of international law –treaties and
conventions, soft-law, operational guidelines and protocols
Final Considerations
Governance and Coordination

Building Capacity for Rapid Self-needs Assessments

Building Capacity for Disaster Response and Emergency
Management –from local to national level

Identification of Vital Government Functions and Critical
Resources: Redundancy, Information and Decision-making Flow

Increasing Knowledge on International Assistance Organizations:
Registry and Quality Assurance (QA) and Quality Control (QC)
The Caribbean Emergency Legislation Project
CELP (www.oas.org/dsd)
Claudia S. de Windt
Senior Legal Specialist and Section Chief
Environmental Law Policy and Good Governance
[email protected]
Pablo Gonzalez
Principal Disaster Risk Management Specialist and Section Chief
Disaster Risk Management and Adaptation to Climate Change, RISK-MACC
[email protected]