1 / 18

Why legal preparedness for international disaster response? (IDRL)

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).

ava-bradshaw
Download Presentation

Why legal preparedness for international disaster response? (IDRL)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. International norms for international disaster response & preview of disaster law at the 31st International ConferenceBridgetown, BarbadosOctober 19, 2011David Fisher,IFRC IDRL Programme Coordinator

  2. 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

  3. Research shows that the lack of legal preparedness hampers int’l relief Research • 27 legal casestudies • Globalsurvey • Regional forums Findings • Unnecessary delays and costs • Unnecessary relief items, poor coordination, lack of respect

  4. A few anecdotes

  5. Key global treaties Istanbul Convention (1990) Kyoto Convention (rev 1999) Conv. on UN P&I (1946 & 1947) Tampere Convention (1998) Convention on Maritime Traffic (1965) Vienna Conv. (1961) Int’l Health Regs (rev 2005) Chicago Convention, Annex 9 (rev 2004) Covenant on ESCR Rights (1966)

  6. Regional agreements

  7. 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)

  8. Red Cross/Red Crescent (Soft) Law • 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

  9. 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

  10. The IDRL Guidelines’ proposed legal facilities • 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

  11. The IDRL Guidelines’ standards • 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

  12. Three disaster law topics at the 31st International Conference

  13. Progress on country-level implementation of the IDRL Guidelines • 9 new laws/ procedures • 11 pending • 20 formal technical assistance projects

  14. 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

  15. 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

  16. 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 role • promote full implementation of incentives • prioritize resources for community level work • encourage accountability

  17. 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

  18. 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?

More Related