why legal preparedness for international disaster response? (idrl)
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International norms for international disaster response & preview of disaster law at the 31 st International Conference Bridgetown, Barbados October 19, 2011 David Fisher, IFRC IDRL Programme Coordinator. Why legal preparedness for international disaster response? (IDRL). - PowerPoint PPT PresentationTRANSCRIPT
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Disaster Laws
Disaster Laws
International norms for international disaster response & preview of disaster
law at the 31st International Conference
Bridgetown, BarbadosOctober 19, 2011
David Fisher,IFRC IDRL Programme Coordinator
www.ifrc.orgSaving lives, changing minds.
Disaster Laws
Why legal preparedness for international disaster response? (IDRL)
More frequent and larger natural disasters
More and different international responders
Absence of procedure to regulate the increasingly complex context
www.ifrc.orgSaving lives, changing minds.
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
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Disaster Laws
A few anecdotes
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Key global treaties
Tampere Convention (1998)
Chicago Convention, Annex 9 (rev 2004)
Istanbul Convention (1990)Kyoto Convention (rev 1999)
Convention on Maritime Traffic (1965) Vienna Conv. (1961)
Conv. on UN P&I (1946 & 1947)
Covenant on ESCR Rights (1966)
Int’l Health Regs (rev 2005)
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Disaster Laws
Regional agreements
Inter-American Convention
CDEMA Agreement
CAPRADE Agreement
CEPREDENAC Agreement
EC Civil Protection Mechanism
BSEC Agreement
NATO Guidelines
ECOWAS Mechanism
IGAD Agreement
ASEAN Agreement
Draft SAARC Agreement
APEC Strategy
SCO Agreement
SOPAC Agreement
Arab League Agreement
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Disaster Laws
A few “soft law” instruments
Resolutions and GuidelinesUN 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 StandardsRed Cross/NGO Code of Conduct (1994)
Sphere Charter and Minimum Standards (2000)
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Disaster Laws
Status Agreements Statutes of the Movement
Roles of the components fundamental principles
Principles and Rules mechanisms for assistance between
components Other resolutions on facilities for the
Movement visas, radio frequencies
Red Cross/Red Crescent (Soft) Law
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Disaster Laws
Achievement of the 30th International Conference: the IDRL Guidelines
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
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Disaster Laws
Personnel Visas Work permits Professional qualifications
Goods and equipment Customs clearance and duties Food, vehicles, telecoms, medicines
Transport Domestic legal status
Power to open bank accounts, contract, etc. Taxes Security Extended hours Costs
The IDRL Guidelines’ proposed legal facilities
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Disaster Laws
Aid providers always:
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
The IDRL Guidelines’ standards
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Disaster Laws
Three disaster law topics at the 31st International Conference
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Disaster Laws
Progress on country-level implementation of the IDRL Guidelines
9 new laws/ procedures
11 pending
20 formal technical assistance projects
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Disaster Laws
Progress on mainstreaming the IDRL Guidelines (some examples)
International UNDAC preparedness missions UNGA/ECOSOC resolutions WCO resolution ILC “draft articles” Commonwealth
Regional Americas/ASEAN questionnaires OAS GA Resolution AU Humanitarian Policy Framework EU Council Conclusions CAPRADE manual
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Disaster Laws
Why disaster risk reduction at the community level?
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
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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:
empower communities to take an active rolepromote full implementation of incentivesprioritize resources for community level workencourage accountability
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Disaster Laws
Why regulatory barriers to emergency and transitional shelter?
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
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Disaster Laws
Regulatory barriers to shelter – key questions
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?