AN OVERVIEW OF THE INTERNATIONAL DISASTER RESPONSE LAW IN UGANDA

AN OVERVIEW OF THE INTERNATIONAL DISASTER RESPONSE LAW IN UGANDA A PRESENTATION AT THE DISASTER LAW AND DROUGHT OPERATIONS IN THE HORN OF AFRICA MOMBASA PRESENTED BY FRANCIS BUWULE 16TH TO 2OTH APRIL 2012

The IDRL Uganda Project • In 2009, Uganda accepted the technical assistance offered by the ( IFRC ) Federation through Uganda Red Cross Society, to examine its legal preparedness for international disaster response using the IDRL Guidelines ( the IDRL Uganda Project ). • The IDRL Guidelines are a set of recommendations to governments on how to overcome the common legal obstacles that are usually encountered in international relief operations. The Guidelines were developed by the Federation and adopted by the state parties to the Geneva Conventions during the 30th International Conference of the Red Cross and Red Crescent .

Core Responsibility lies with the State • The IDRL Guidelines rightly observe that the states have the sovereign right to coordinate, regulate and monitor disaster relief and recovery assistance provided by assisting actors on their territory, consistent with international law.

The Constitution • Under the 6th schedule to the Constitution of the Republic of Uganda, it is provided that the primary responsibility for disaster preparedness and management rests with the state. • In recognition of this responsibility the government of Uganda created a ministry n the Office of the Prime Minister which is responsible for disaster preparedness and management. • In addition the Constitution also empowers the President to declare a state of emergency in consultation with Cabinet if the President is satisfied that the security or economic life of the country or any part of it is threatened by man made or natural disasters.

The Constitution Cont… • Parliament is then given the responsibility of making laws that may be necessary for enabling effective measures to be taken for dealing with any state of emergency that may be declared. • The Constitution also provides for the establishment of a Disaster Preparedness and Management Commission to deal with natural and man made disasters. • The provisions of the Constitution are wide enough to allow parliament to adopt enabling laws for the regulation of international assistance in case of major disasters. However since the promulgation of the Constitution, parliament has not passed the relevant laws to give effect to the relevant provisions of the Constitution on disaster management.

Government Focal point and Coordination • The IDRL Guidelines recommend that as part of a larger disaster risk reduction program, the states should develop comprehensive legal, policy and institutional frameworks that adequately address the issues of initiation, facilitation, transit and regulation of international relief assistance. And that in so doing states must clearly earmark government entities with responsibility and authority in these areas. • In Uganda, the Directorate of Relief, Disaster Preparedness and Refugees in the OPM is the lead agency responsible for disaster preparedness and management. This is clearly articulated in the country's National Policy for Disaster Preparedness and Management which was adopted by government last year.

Government Focal point and Coordination Cont… • In addition the Directorate is responsible for mobilizing resources in collaboration with UN agencies, Uganda Red Cross Society and other humanitarian organizations, to assist disaster victims immediately after a disaster and in the restoration of their lives.

Request for, Coordination and Termination External Assistance • Where a disaster situation exceeds national coping capacity, the IDRL Guidelines recommend that the affected state should seek external assistance. It is therefore important for a country to have a clear mechanism of initiating external assistance.

Initiation • The National Policy for Disaster Preparedness and Management for Uganda provides that the implementation of this policy is a multi sectoral and multidisciplinary process. • It involves all government ministries in collaboration with humanitarian and development partners, the private sector,local governments and the community. The Directorate of Relief, Disaster Preparedness and Refugees in the Office of the Prime Minister is the responsible centre for initiating external assistance.

Initiation Cont… • The Constitution of the republic of Uganda provides for the establishment of a Disaster Preparedness and Management Commission which would be the lead agency in disaster management. • However since parliament has not enacted the relevant laws to establish this Commission, government as a stop gap measure created this Directorate. This of course creates a conflict and parliament will have to resolve it. • The National Disaster Policy recognizes this and notes that there is a very thin difference between the functions of the Commission and those of the Directorate

Coordination • According to the institutional framework established by the National Policy for Disaster Preparedness and Management, below the Directorate of Relief, Disaster Preparedness and Refugees, there is established the National Emergency Coordination and Operations Centre. ( NECOC ) which is responsible for the coordination and networking of the various relief responders including government departments, the private sector, NGOs and Uganda Red Cross Society. This includes all the external responders.

Termination • The IDRL Guidelines provide that, when an affected state wishes to terminate disaster relief or initial recovery assistance, it should provide appropriate notification and consultations with other actors. This is necessary for orderly withdrawal of the external actors and for a smooth transition as all this impact on the affected communities. The coordination of this exercise during termination of disaster relief operations would still be the responsibility of the lead agency though it is not specifically spelt out in the National Disaster Policy. • It is hoped that when government comes up with a Disaster Law as recommended by the National Disaster Policy and the Uganda IDRL project report, that law will streamline the institutional structures and their functions for efficient disaster preparedness, coordination and management.

Entry of Foreign Personnel , Goods and Equipments During a Disaster. • Foreign Personnel • The IDRL Guidelines recommend that in case of international disaster response, the affected state should waive or expeditiously grant visas and any necessary work permits for the relief and recovery personnel. Where visas are required they should be provided ideally without any cost and they should be easily renewable. • In order for a foreigner to enter Uganda one needs an entry visa which can be obtained either from Uganda's diplomatic missions abroad or at the port of entry.

Foreign Personnel Cont… • In cases of disasters there is no waiver or expedited visa requirements for foreign responders under the Citizenship and Immigration Control Act of Uganda . However in practice obtaining a visa at any point of entry into Uganda takes no time at all and should not be a problem to international relief responders. • The same applies to the granting of a special work pass for a relief provider on arrival that gives immediate though temporary permission to carry out their operations as the work permit is being processed. It is clear that while there are no special provisions regarding disasters under the Citizenship and Immigration Control law, the practice in Uganda is adequate to expedite the entry and operation of foreign relief personnel into the country

Recognition of Foreign Professional Qualifications • The IDRL Guidelines recommend that affected states should establish an expedited procedure for temporary recognition of professional qualifications for foreign professional responders, in particular for medical professionals. • There are no specific provisions in the various professional bodies’ regulatory rules of Uganda that provide for expedited recognition of foreign professional qualifications. Under the Medical and Dental Practitioners Act of Uganda, for a foreign medical professional to practice in Uganda he/she must obtain permission. The process of seeking this approval is lengthy and costly and the Medical and Dental Practitioners Board is not known to have made any exceptions in the past disaster situations. This would certainly deter or impede some of these professionals from providing their much required services during disasters.

Recognition of Foreign Professional Qualifications Cont… In this regard there is need to bring the Medical and Dental Practitioners law of Uganda in conformity with the recommendations of the IDRL Guidelines to provide for an expedited temporary recognition of the foreign medical qualifications of personnel during disaster situations. In addition and or alternatively, the new Disaster law when enacted in Uganda should provide for a requirement by the various professional bodies in the country to allow for temporary recognition of foreign professional qualifications of personnel during disasters

Legal Status of Foreign Entities Providing Assistance • The international relief organizations, apart from those on whom privileges and immunities are conferred by the government or by law, can only legally operate in Uganda after duly registering with the National Board of Non Government Organizations, under the Non Government Organisations Registration Act. • These procedures and costs involved could significantly impact any prospects of international relief operations. The IDRL Guidelines recommend that states should “grant to eligible assisting humanitarian organizations, upon entry or as soon as possible, thereafter, at least temporary authorization to legally operate on their territory so as to enjoy the rights, inter alia, to open bank accounts, enter into contracts and leases, acquire and dispose of property and instigate legal proceedings, for purposes of providing disaster relief and initial recovery assistance”.

Legal Status of Foreign Entities Providing Assistance • Although the procedures for registration are lengthy and costly, in Uganda, the law allows the Minister for Internal Affairs to exempt organizations from any of the requirements needed for the registration in cases of emergencies. This is a positive provision that may be invoked during disasters, but for clarity, it is recommended that when the Disaster law is enacted, it should provide for this temporary authorization to assisting foreign organizations to legally operate in the country during disasters.

Arrival of Relief Goods in Disaster Situations • In major disaster situations, there is often a need for rapid importation of relief goods and equipment in order to address critical humanitarian gaps. Standard customs procedures and requirements may delay that importation. The IDRL Guidelines recommend that disaster affected states should exempt imported disaster relief and recovery items from all customs duties, taxes, tariffs, or governmental fees and exempt them from any restrictions. They also recommend that governments simplify and minimize documentation requirements, waive or reduce inspection requirements.

Documentation Requirements • The East African Community Customs Management Act and the Finance Statutes of Uganda do not relax the documentation requirements during disaster situations. The usual importation documentation are expected even in respect of relief goods. • Inspection Requirements • The Uganda customs laws do not waive or relax this requirement

Customs duty on relief Goods • Under the Customs laws, goods and equipment for use in aid funded projects are exempt from payment of customs duty • Clearance of Relief Goods and Equipment • The law does not give priority to clearance of relief goods and equipment but in practice such goods are cleared as fast as possible. Uganda is a party to the Kyoto Convention of 1974. The international Convention for the simplification and Harmonisation of Customs Procedures. This Convention call on member states to address the clearance of relief consignments as a matter of priority, examination and sampling of goods only in exceptional circumstances, waiving of import prohibitions and restrictions. Uganda is yet to domesticate the provisions of this Convention.

Clearance of Relief Goods and Equipment Cont… • There are no special provisions for the import and use of communication equipment during disaster situations. All such equipment can only be imported under license. This is so irrespective of the fact that Uganda is a party to the Tampere Convention which is aimed at facilitating the importation and use of telecommunication resources and assistance for disaster mitigation and relief. Still many of the provisions of this Convention have not been domesticated. However the license requirement may be relaxed through exemption by the relevant minister. • The same applies to the importation of medicines and food items. Medicines can only be imported when it is on an approved list of drugs and by holders of a license. There is however provision to relax these requirements through exemptions by the concerned minister. The importation of food stuffs also requires special clearance from the Ministry of Agriculture and a certificate from the Uganda National Bureau of Standards. This too may be relaxed through exemption by the relevant minister.

Minimum Quality Standards • In Uganda Samples of relief items are normally transmitted to the relevant government department and ministries for verification of the quality and suitability before their acceptance. This is in line with the recommendations of the IDRL Guidelines that the disaster relief and initial recovery assistance should be provided in accordance with the principles of humanity, neutrality and impartiality.

Transport • There are no legal provisions for special clearance of foreign registered vehicles on entry into the country. And there is no automatic recognition of foreign driving licenses which can only be approved by the relevant minister. However relief vehicles are given temporary permits to operate in the country but they are subject to taking out the Third Party Insurance Policy. • Likewise there are no special provisions exempting foreign aircrafts from landing fees and other related charges. • Uganda is a party to the Convention on International Civil Aviation ( the Chicago Convention of 1944) which commits member states to facilitate the entry into, departure and transit through their territories of aircraft engaged in relief flights and to ensure that the personnel and articles arriving on relief flights are cleared without delay. However the provisions of this international Convention are yet to be domesticated. • However relief vehicles are given temporary permits to operate in the country but they are subject to taking out the Third Party Insurance Policy.

Conclusion The existing Ugandan policy, legal and institutional frameworks cover some of the potential problem areas relevant to cross- border disaster relief but leaves others unanswered. Uganda does not have yet a comprehensive law to deal with disaster situations but has recently formulated a National Policy on Disaster Preparedness and Management. “The overall policy goal is to promote national vulnerability assessment, risk mitigation, disaster prevention, preparedness, effective response and recovery in a manner that integrates disaster risk management with development planning and programming.” It advocates for the enactment of a National Disaster Law. It is hoped that such a law when enacted would address, inter alia, those sticky issues pertaining to international disaster response, especially procedures for;

Conclusion Cont… • Operating a centralized early warning system to which the information from various surveillance centers is forwarded and processed to support the issuing of early warning alerts and declarations of state of emergency. • Initiating, coordinating, regulating and terminating international responses to disasters and health emergencies. • Adequate monitoring and oversight of the quality of international disaster assistance. • Facilities for the transit of relief goods and transport when crossing Uganda territory. • Uganda has ratified a number of international and regional legal instruments relevant to disaster response, however few of these have been domesticated into national legislation, another area that requires urgent attention.

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AN OVERVIEW OF THE INTERNATIONAL DISASTER RESPONSE LAW IN UGANDA