First topic: Early warning, early action

1. Model Act for the Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (Pilot Version)David Fisher, Coordinator IFRC Disaster Law Programme

2. First topic: Early warning, early action • Was there a failure of EW/EA in recent drought? • There was a feeling that action was delayed • Many felt that signals were sent but donors did not respond • However, it was also pointed out that, in the end, it is the responsibility of the governments – • Urgency/volume could have been emphasized.

3. First topic: EW/EA • Adequacy of procedures • Elaborate institutions in place for handling food insecurity – but issues of capacity • « Red tape » a real issue in slowing EA • Scientific data is gathered, but it is not translated into actionable language • Political actors become involved -- sometimes delay international appeals • Sov political decisions sometimes delay or stop international appeals • Sometimes dont admit existence of disaster – e.g. cholera • Prevent is too strong a word • Preventing might be the right action • Others feel it is reality

4. There were EW signs and predictions about consequences – but at whch point does that trigger an international appeal? This was not clear • 10-15 yrs ago this was only among humanitarians • Now – social /media impacts us • Media better resourced – there before – not bound by rules – so triggering mechanism may be CNN • In Kenya – RC was there – but not messaged • In UN – discussion about whether EW /Govt request could be considered a trigger. Do we have to wait for a disaster (based on sudden-impact – when start is clear). Hard to apply in drought.

5. Goodwill in place • What is not regulated is « fast track » • MOUs in place for development cooperation – but what about simplifying in an emergency? • Role of transit states • Article about humanitarian actors are using social media • Kenya RC is using twitter about incidents • When govt not recognizing critical situation – social media can be used – arouses social decision making • Recap does not represent all participants

6. Second topic -- facilitation and regulation • Clear rules and procedures • Procedures are in place in many countries – but not necessarily regulations • Definite gaps identified in some counries with regard to importation of goods (clearance delays, taxes) and entry of personnel • Issue about large numbers of ex-patriates • Goodwill apparent • Focal points in place and very active – but do not necessarily have authority over other agencies

7. Second topic -- facilitation and regulation • Many headaches coming from « supply side » • Inappropriate aid • Concern about undermining domestic systems • Quality oversight not humanitarian-specific • Capacity issues in coordinating ousiders • Conditionalities of donor assistance – sometimes required based on their law – need for « IDRL for donors » as well