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Disaster Laws

Disaster Laws

Model Act for the Facilitation and Regulation of International Disaster Relief and Initial

Recovery Assistance (Pilot Version)

David Fisher, Coordinator IFRC Disaster Law Programme

www.ifrc.orgSaving lives, changing minds.

Disaster Laws

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.

www.ifrc.orgSaving lives, changing minds.

Disaster Laws

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

www.ifrc.orgSaving lives, changing minds.

Disaster Laws

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.

www.ifrc.orgSaving lives, changing minds.

Disaster Laws

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

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Disaster Laws

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

www.ifrc.orgSaving lives, changing minds.

Disaster Laws

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