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Changing disaster profiles

Droughts, floods, windstorms and

cyclones will be:

•

More frequent

•

Affecting new and larger areas

•

Less predictable

Food security threatened by impact on
agriculture

agriculture

Changes in disease vector profiles

Increasing numbers of persons
affected (30% increase over a decade)

Increasing potential need for int’l cooperation

but are governments ready to manage it?

Hurricane Katrina (2005)

“The most destructive disaster in U.S. history. . .
.

We were not prepared to make the best use of
foreign support.”

US Govt Lessons Learned Report

Cyclone Nargis (2008)
“Unprecedented magnitude,” IFRC Appeal

“It would have been much better . . . if the

government of Myanmar had recognized the value
of an international presence from the start.”

John Holmes, UN ERC

Increasing numbers and variety of int’l responders

t t

• More states
• More militaries
• More RC/RC

societies

• More UN

agencies

• Many more

NGOs

• More private

companies

• More private

individuals

Historical Developments

De Vattel

Dunant

Ciraolo

International Relief Union

d i 1927 d

Agreed in 1927 and
entered into force in 1932
with 30 state parties

Centralized model

Red Cross as secretariat

Lack of consensus and
funding

Terminated in 1968

1984 Draft Convention

•Decentralized model

•Applied to states, IOs,
NGOs

•Addressed issues of

•Visas, Customs

•Transport

•Quality, Liability

RC /RC

Global & Regional
Institutions

Soft
Law

Comphensive

Legal Regime

Big three

(Soft) Law

Regional
Law

Sectoral
Law

Bilateral
Agreements

Global and Regional Institutions

NGOS

The big three

International Humanitarian Law

•Applicable in “mixed” situations

Human Rights Law

•Right to assistance

•IDP instruments

Refugee Law

•Protections in relief settings

•“Environmental refugees” not covered

More “Sectoral” Law

Tampere Convention (1998)

Kyoto Convention (1973)

Convention on Maritime
Traffic (1965)

Food Aid Convention
(1999)

Nuclear Accident

UN P i il

Chicago Convention,
Annex 9 (2004)

Framework Convention
on Civil Defense (2000)

Traffic (1965)

Nuclear Accident
Convention (1986)

Int. Health Regs (2005)

Conventions on UN Privileges
and Immunities (1946 & 1947)

Regional Law

EC Civil Protection
Mechanism

Cotonou

•ASEAN Agreement on
Disaster Management
and Emergency

•Inter-American

Cotonou
Convention

Open Partial
Agreement

BSEC Agreement

Nordic Mutual Asst.

NATO

and Emergency
Response (2005) (not
yet in force)
•New interest from
SAARC, APEC

Convention (1991)
•CDERA Agreement
•CAPRADE Agreement
•CEPREDENAC
Agreement
•ACS Agreement (1999)
(not in force)

IGAD
Agreement

Arab League
Agreement

Bilateral Agreements

Treaties, MOUs

• Request and Response

• Entry of Personnel and

Goods

C t

• Costs

• Liability

“Soft Law”

• Status Agreements

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

Lack of geographic reach

Lack of geographic reach
(few parties)

Lack of thematic scope

Type of disaster

Type of assistance

Type of actor

Lack of awareness

Lack of use

Introduction to the

Guidelines for the

Domestic Facilitation

and Regulation of

International Disaster

Relief and Initial

Recovery Assistance

(The “IDRL Guidelines”)

Version of 5.02.08

Overview

Background of the Federation’s

Background of the Federation s
involvement in “International Disaster
Response Laws, Rules and Principles”
(IDRL)

Findings and conclusions from the
Federation’s research

The IDRL Guidelines

Outcomes on this issue at the 30th
International Conference of the Red
Cross and Red Crescent (Nov. 2007)

Next steps

The Federation’s IDRL Programme

Origins
• 2001 Council of Delegates
• 2003 International

Conference

Consultations
• 5 regional forums, 2006-07

Research
• 27 legal case studies
• IDRL database
• Global survey
• Desk study

Common Problem Areas

Entry and Operations

Quality and Coordination

Common Problems: Entry and Operations

• Initiation
• Visas
• Customs
• Taxes
• Legal

Personality

• Bank

Bank
Accounts

• Local Hiring
• Liability
• Corruption

Common Problems: Quality

• Untrained or

unqualified personnel

• Inappropriate relief

items and activities

• Lack of respect for

domestic authorities

and relief actors
L k f

t f

• Lack of respect for

beneficiaries

• Failure to

communicate

Common Problems: Coordination

• Failure to share

information

• Failure to respect the

roles of domestic

actors

• Competition
• Gaps between relief

and recovery

Tsunami, Indonesia, 2004

Consistent gaps in domestic law

“As no specific provisions existed concerning

the modalities with which international

assistance should be requested and received,

the Government issued ad hoc administrative

instructions in the midst of a major response

operation.” (Government of Indonesia)

Hurricane Katrina, USA, 2005

“Comprehensive Policies and Procedures are
Needed to Ensure Appropriate Use of and
Accountability for International Assistance” (US
GAO)

Marmara earthquake, Turkey,1999

Consistent gaps in domestic law

Marmara earthquake, Turkey,1999

“The legislative weaknesses in the Turkish legal
system regarding disaster management led to . . .
many complexities” (TRCS case study)

Pakistan earthquake, 2005

“Pakistan suffered from the lack of a pre-existing
National Disaster Management Authority and
identified the creation of a legal framework as a
lesson to apply.” (NDMA, ISDR Side-event at
ECOSOC, 2006)

Guidelines on the Domestic Facilitation and Regulation of

International Disaster Relief and Initial Recovery Assistance

• Recommendations to governments on

areas to look at in national law and

policy

• Respect for sovereignty and the primary

role of domestic actors

• Compile existing international norms and

best practice

Regional forums

• Definitions: Scope

What do they provide?

– Guidance to states on domestic legal

issues for int’l assistance

– Excluding armed conflict

• Part 1: Core Responsibilities

– Primary role of affected state
– Assisting actors to adhere to international

lit t d d

quality standards

• Part 2: Early Warning and Preparedness

– Comprehensive laws and policies
– Information sharing

Legal Facilities for Relief Providers

•

Personnel

–Visas

Work permits

–Work permits
–Professional qualifications
–Freedom of movement

•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

Standards for relief providers:

• Aid providers always:
–Abide by domestic and international law

–Coordinate with domestic authorities
–Abide by humanitarian principles of humanity,

neutrality and impartiality

• 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
–Ensure transparency

The Guidelines and humanitarian actors:

the recommended link

Humanitarian actor

Gov’t decides

Ongoing obligation of

requests legal
facilities

Facilities
conditioned on
adherence to
minimum quality
standards

g g

recipient to abide by
standards

Gov’t monitors
progress

Next steps from the adopting resolution

• States are encouraged to use the Guidelines for

national law

and for bilateral and regional

agreements

• States, Federation and National Societies to

work with UN and other partners to:

– Disseminate and provide technical support

to domestic authorities

– Bring the Guidelines to the attention of

international and regional inter-
governmental bodies

– Mainstream the Guidelines into relevant

initiatives (such as ISDR)

For more information

• IDRL website:

–

www.ifrc.org/idrl

• Background on the

Guidelines, studies, fact
sheets, legal database .

. .

• Monthly Newsletter
• Weekly News Service