International Perspectives on Disaster Law and its

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Transcript International Perspectives on Disaster Law and its

International Perspectives on
Disaster Law
Dr. Roberto Aponte Toro
Professor of Disaster Law
School of Law
University of Puerto Rico
Presentation Plan
Topic 1: International Perspectives
Topic 2: Approaches and
paradigm shift internationally
Topic 3: DRR linkages with Disaster
Law
Disaster Reduction:
An agenda in International Progress
•
1989: IDNDR 1990-1999 – promotion of disaster reduction, technical and scientific buyin
•
1994: Yokohama Strategy and Plan of Action – Mid-review IDNDR, first blueprint for
disaster reduction policy guidance (social & community orientation)
•
2000: International Strategy for Disaster Reduction (ISDR) - increased public
commitment and linkage to sustainable development, enlarged networking and
partnerships. Mechanisms: IATF/DR, ISDR secretariat, UN Trust Fund
•
2002: Johannesburg Plan of Implementation- WSSDIncludes a new section on “An
integrated, multi-hazard, inclusive approach to address vulnerability, risk assessment
and disaster management…”
•
2005: Hyogo Framework for Action 2005-2015 Building the Resilience of Nations and
Communities to Disasters (“ISDR+5”):
• Strategic goals
• Priorities for action
• Implementation and follow-up
International Decade for
Natural Disaster Reduction
The United Nations General Assembly designated the
1990s as the International Decade for Natural Disaster
Reduction (IDNDR). Its basic objective was to decrease
the loss of life, property destruction and social and
economic disruption caused by natural disasters, such
as earthquakes, tsunamis, floods, landslides, volcanic
eruptions, droughts, locust infestations, and other
disasters of natural origin.
UN GA Resolution: 44/236 (22nd December 1989)
Yokohama Strategy
23 – 27 May 1994
• IDNDR followed strictly techno-centric and scientific approach
in beginning
• The Yokohama conference put socio-economic aspects as
component of effective disaster prevention into perspective.
• It was recognized that social factors, such as cultural tradition,
religious values, economic standing, and trust in political
accountability are essential in the determination of societal
vulnerability.
Yokohama Strategy
• Mandate: UNGA 48/188 1993
– Accomplishments-local, regional and international
(1989-1994)
– Program of Action
– Provide and exchange information of programs
and policies implementation
– Need for awareness of the importance of policies
to reduce disasters
Yokohama Plan of Action
• Global culture of prevention in order to integrate all efforts at
reduction
• Each local unit, state or community should develop capacity and
allocate sufficient resources
• Educate at all levels on prevention, preparedness and mitigation
• Develop and train human resources and strengthen material
capabilities and research and developments institutions for disaster
reduction and mitigation
• Networking of existing centers of excellence to enhance goals of
point (4). 7-involvement and active participation of the people to
create point (1)
Yokohama Plan of Action (Cont.)
•
Use the media to create awareness in vulnerable communities
•
From 2010 on, emphasis on community based approaches to
vulnerability
•
Improve risk assessment through new technology, broader monitoring
and immediate use of warnings which have been communicated
•
Integration of environmental and technological hazards in addition to
natural disasters on the maps of integrated policies for prevention
•
Increased coordination and cooperation among research activities at all
levels (universities, organizations, technical and scientific institutions)
•
National legislation and administrative action regarding this issue
should be a priority of decision makers
Yokohama Plan of Action (Cont)
• Compilation and exchange of information on disaster reduction
• Regional and sub-regional cooperation
• Availability and use of existing technology to reduce disasters
• Involving the private sector (it is generally the owner of critical
infrastructure)
• Involvement of non-governmental organizations
• Strengthening capacity of UN system to get involved in these tasks
International Strategy for Disaster
Reduction (ISDR)
The IDNDR was replaced and continued by the International
Strategy for Disaster Reduction (ISDR). The ISDR aims to pursue
the initiatives and cooperation agreed on during the IDNDR, and
developing new mechanisms as well as pushing for further
commitments from policy-makers. The overriding goal is to reduce
human, social, economic and environmental losses due to natural
hazards (and related technological and environmental disasters).
The building of disaster resilient communities is a main objective.
Objectives of the ISDR
The ISDR promotes the following four objectives as tools
towards reaching disaster reduction for all:
– Increase public awareness to understand risk,
vulnerability and disaster reduction globally.
– Obtain commitment from public authorities to
implement disaster reduction policies and actions
– Stimulate interdisciplinary and inter-sectoral
partnerships, including the expansion of risk reduction
networks
– Improve scientific knowledge about disaster reduction
The Need for a Global
Platform
•
Resolution of the GA calling upon adoption by governments of the Hyogo Framework and
recognizes the Global Platform as a successor mechanism to the Inter-Agency Task Force
for Disaster Reduction.
•
National practitioners and stakeholders repeatedly expressed desire to have a mechanism
through which they can exchange their experiences in DRR and access information on how
other countries addressed particular challenges in the implementation of the Hyogo
Framework.
•
The Global Platform has been set up to serve this need, and is expected to become main
global forum for all parties involved in DRR, namely governments, United Nations
agencies, international financial institutions, regional bodies, civil society, the private
sector, and the scientific and academic communities.
•
The Global Platform provides advocacy for effective action to reduce disaster risks,
expands the political space devoted to the issue, and contributes to the achievement of
the Millennium Development Goals particularly in respect to poverty reduction and
environmental sustainability.
2nd World Conference, Kobe, Japan
January 22, 2005
• World Conference on Disaster Reductiona United Nations
conference bringing together government officials, nongovernmental experts and other specialists from around the
world to discuss the growing trend of people affected by natural
disasters.
• This conference took on particular poignancy coming almost 10
years to the day after the Great Hanshin earthquake in Kobe
and less than a month after the 2004 Indian Ocean earthquake
and resulting tsunami.
• The Conference adopted plans to put in place an International
Early Warning Program (IEWP), which was first proposed at the
Second International Conference on Early Warning in 2003 in
Bonn, Germany.
2005: Hyogo Framework for Action
2005-2015
• Building the Resilience of Nations and Communities to
Disasters (“ISDR+5”):
– Integrate disaster risk reduction into policies, plans and
programmes of sustainable development and poverty
reduction
– United Nations system and international financial
institutions to engage fully in supporting and
implementing the International Strategy for Disaster
Reduction, and cooperate to advance integrated
approaches to building disaster resilient nations and
communities
– Focus on national implementation, through bi-lateral,
multi-lateral, regional and international cooperation.
Developments: HYOGO and Beyond
•
Development and Financial Institutions become more aware of the
costs which a passive non proactive strategy eventually cause
•
International Strategy on Disaster Reduction, a product of a decision of
the general Assembly, as well as the launch of an ISDR system at
global, regional and national levels
•
Various incidents at different jurisdictions showed the gaps between
legislation, policies, knowledge at the community level, communication,
and early warning
•
IFRC revised constitution (2007)-Strategy 2020
•
Global Assessment Report on Disaster Risk Reduction (2009)
Disaster Management Cycle
Framework for Disaster Risk
Reduction
AWARENESS
CONTEXT
for change in behaviour
SUSTAINABLE DEVELOPMENT
• Social-cultural
• Political
•Economic
•Ecosystems
KNOWLEDGE DEVELOPMENT
•Education, training
•Research
•Information
•Networking
RISK FACTORS
- Vulnerability
• Social
• Economic
• Physical
• Environmental
- Hazards
• Geological
• Hydrometeological
• Biological
• Environmental
• Technological
PUBLIC COMMITMENT
Vulnerability/
capabilities
analysis
RISK ASSESSMENT
Hazard
analysis
+ monitoring
RECOVERY
RESPONSE
DISASTER
IMPACTS
PREPAREDNESS
ISDR global review of disaster reduction, 2002
EARLY WARNING
•Institutional framework
•Policy development
•Legislation and codes
•Community actions
APPLICATION OF
RISK REDUCTION MEASURES
•Environmental management
•Land use planning
•Protection of critical facilities
- Structural Measures
•Application science & technology
•Financial and economic tools
Distribution of Disasters
19
Case of Hurricane Katrina
Global challenges
•
Increase wider understanding and awareness of disaster risk as
an essential tool for sustainable development.
•
Recognize disaster risk reduction primarily as a combination of
national and local responsibilities.
•
Raise awareness of existing misdirected development practices
that may actually increase disaster risks.
•
Promote and support of policies and actions in developing
countries by the international community.
Examples of disaster reduction
tools for climate change adaptation
 Environmental management
 Financial and economic tool (insurance)
 Social aspects and safety nets
 Land use planning
 Protection of critical facilities
 Structural measures (engineering)
 Application of science and technology
 Early warning
 Identify successful disaster risk reduction practices & ‘what not to do!’
 Institutional development: policy development & integration, legislation
and organisational development
 Integrate disaster reduction into development planning processes
 Lessons learnt from community development: grassroots coping
strategies, local knowledge development and training
 Education: risk perception/risk awareness/values, attitudes and
behavior
Kyoto Protocol
•
International agreement linked to the UNFCC. The major feature of the
Kyoto Protocol is that it sets binding targets for 37 industrialized countries
and the European community for reducing greenhouse gas (GHG)
emissions .These amount to an average of five per cent against 1990 levels
over the five-year period 2008-2012.
•
The major distinction between the Protocol and the Convention is that while
the Convention encouraged industrialized countries to stabilize GHG
emissions, the Protocol commits them to do so.
•
Recognizing that developed countries are principally responsible for the
current high levels of GHG emissions in the atmosphere as a result of more
than 150 years of industrial activity, the Protocol places a heavier burden on
developed nations under the principle of “common but differentiated
responsibilities.”
•
The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997
and entered into force on 16 February 2005. 184 Parties of the Convention
have ratified its Protocol to date. The detailed rules for the implementation
of the Protocol were adopted at COP 7 in Marrakesh in 2001, and are called
the “Marrakesh Accords.”
"More effective prevention strategies would save not
only tens of billions of dollars, but save tens of
thousands of lives. Funds currently spent on
intervention and relief could be devoted to enhancing
equitable and sustainable development instead, which
would further reduce the risk for war and disaster.
Building a culture of prevention is not easy. While the
costs of prevention have to be paid in the present, its
benefits lie in a distant future. Moreover, the benefits
are not tangible; they are the disasters that did NOT
happen."
Kofi Annan
UN Secretary-General
Questions???