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The Caribbean Emergency Legislation Project CELP

Claudia S. de Windt Michelle-Ann C. Williams Senior Legal Specialist and Section Chief Legal Specialist Environmental Law Policy and Good Governance Department of Sustainable Development. Presented by Pablo Gonzalez, Geodetic-geophysic Engineer, M.A., M.Sc.

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The Caribbean Emergency Legislation Project CELP

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  1. Claudia S. de WindtMichelle-Ann C. Williams Senior Legal Specialist and Section Chief Legal Specialist Environmental Law Policy and Good GovernanceDepartment 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 The Caribbean Emergency Legislation Project CELP

  2. 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

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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: • Declarations of State of Emergency; • Funding, Infrastructure & Investment; • International Aid, Relief & Recovery Efforts; • National Security; • Health; and • Communication Systems.

  8. Methodological Approach (cont…) • Desk Research: reports and documents; • Consultations with government officials; • In-country workshops, in Grenada and Jamaica; and • Regional Workshop.

  9. 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.

  10. 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.

  11. CELP PROFILEBarbados Legal Framework • Constitution of Barbados, 1996 • Emergency Powers Act, Cap. 161 • Disaster Management Act, 2006 • Prevention of Floods Act, Cap. 235 • Draft Barbados National Building Code (1193 Edition)

  12. CELP PROFILEBarbados Institutional Framework • Department of Emergency Management (DEMA) • Promote advance disaster management at all levels; and • 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.

  13. CELP PROFILEBarbados 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

  14. CELP PROFILEBarbados Recommendations (cont…) • General • Establish adequate legislative authority for disaster management • Enhance Risk Management and Insurance Coverage • Update National Emergency Plans and Procedures • Strengthen Community Committees • Improve Capability of disaster and emergency personnel …

  15. 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.

  16. 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.

  17. TheInter-American System: From Response to Risk Reduction SOFT LAW SOFT LAW 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. SOFT LAW SOFT LAW

  18. 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. • 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 • [… shall not be subject to the criminal, civil or administrative jurisdiction of the assisted state for acts connected with the provision of assistance.…] • Restricted areas and Risk • Costs • Claims and Compensation • Governmental and non-governmental organizations Inter-American Convention to Facilitate Disaster Assistance Santiago, Chile, June 7, 1991 (AG XXI-O/91) Adopted in 1991, went into effect in 1996 with the second ratification

  19. Other Instruments and Frameworks SOFT LAW • 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)

  20. Other Instruments and Frameworks SOFT LAW • 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…’

  21. Other Instruments and Frameworks SOFT LAW • 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. • 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.’

  22. Final Considerations Legal Challenges for International Assistance • Legal Status of organizations • Rating and Liability: Minimum Standards –RC, Sphere Project • 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

  23. 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)

  24. Claudia S. de WindtSenior Legal Specialist and Section ChiefEnvironmental Law Policy and Good Governancecdewindt@oas.orgPablo GonzalezPrincipal Disaster Risk Management Specialist and Section Chief Disaster Risk Management and Adaptation to Climate Change, RISK-MACCpgonzalez@oas.org The Caribbean Emergency Legislation Project CELP (www.oas.org/dsd)

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