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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).

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Why legal preparedness for international disaster response? (IDRL)

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  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?

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