Updates on Disaster Law Programme Aishah Amin IFRC Asia Pacific Zone Office This presentation gives an overview of the decisions taken on the issue of disaster laws at the 31st International Conference of the Red Cross and Red Crescent in December 2011. [NOTE: National Society speakers are welcome to add their Society’s logo to this presentation when used with domestic audiences. It is suggested that the easiest way to do so would be to click on “View” and “Slide Master”, and then delete the Red Circle with the text “Disaster Laws” and replace it with your logo. This should be done both on the grey title page and on the master page for the other slides. Alternatively, National Societies are welcome to cut and paste all of the content into their own powerpoint templates, if they so wish.]

Overview of the presentation Moving beyond IDRL – mandate expanded Future approach as directed by Resolution 7 of the 31st International Conference Next steps on disaster laws resulting from the resolution Southeast Asia Context In this presentation, I will: - provide some background information about the International Conference of the Red Cross and Red Crescent, discuss three specific areas on disaster law that the International Conference addressed. describe the next steps agreed at the International Conference for moving forward in the area of disaster law, including the expectations of governments, National Societies and the International Federation of Red Cross and Red Crescent Societies (IFRC). Give some updates on Disaster Law projects/programmes specifically in Southeast Asia

Moving beyond IDRL… Difficult to separate regulatory issues related to international disaster response from domestic issues Regional Workshops 2008 – 2011 NS’ clearly indicated a desire to look to other humanitarian concerns related to disaster law Requests from external organisations to provide advice on domestic disaster law issues We are now moving

The 31st International Conference – Broadening the Scope of Disaster Law Legal preparedness for international disaster response (IDRL) Legislating enhanced disaster risk reduction, particularly at the community level Regulatory barriers to emergency and transitional shelter for people affected by natural disasters The 31st International Conference in November addressed a number of themes, including strengthening international humanitarian law, strengthening local humanitarian action, addressing barriers to health care and strengthening disaster laws. This presentation will focus only on the disaster laws theme, but at the end of my remarks I will mention where more information can be found on the others. There are three particular aspects of disaster law that were addressed at the 31st International Conference. They were: Legal preparedness for international disaster response – also known as “international disaster response laws, rules and principles” or “IDRL” Legislating enhanced disaster risk reduction particularly at the community level, and Addressing regulatory barriers related to meeting the emergency and transitional shelter needs of people affected by natural disasters These three aspects of disaster law are not necessarily related to each other, except to the extent that they all represent important areas of humanitarian concern that have not received sufficient international attention. Also, in each of these three areas, National Red Cross and Red Crescent Societies bring a unique and important perspective from their disaster response and preparedness activities as well as their community volunteer base. With regard to all three of these topics, the primary focus at the International Conference was on domestic law, policy and procedure – and particularly on how states, with support from the International Red Cross and Red Crescent Movement, can proactively move to correct common regulatory problems and gaps.

Implementation of the IDRL Guidelines Some good progress 20 technical assistance projects New domestic laws or rules in 9 countries, draft legislation pending in 12 others UN and regional resolutions New tools Model Act Resolution 7 at 31st IC call on states to continue using the IDRL Guidelines to examine and strengthen their laws To support governments in making use of the IDRL Guidelines, the IFRC and National Societies have provided technical assistance to governments to examine their national laws on international disaster relief. Projects are on-going or in development in more than 20 countries, including Colombia, Haiti, Sierra Leone, Laos, and Vietnam, among others. Since their adoption, 9 states have reported adopting new or updated laws, regulations or procedures consistent with the recommendations of the IDRL Guidelines. They are Finland, Indonesia, the Netherlands, New Zealand, Norway, Panama, Philippines, Peru and the United States. A dozen more are currently considering draft legislation or rules. The IDRL Guidelines have also proved a useful consensus-building instrument at the international and regional levels. They have been recognized in no fewer than 6 UN General Assembly resolutions, and referenced in numerous declarations and statements by regional organizations, including ASEAN in Asia, CAPRADE in South America, and the European Council and NATO in Europe. Many have also used the IDRL Guidelines as the basis for developing guidance documents for their members.   At the 31st International Conference, the pilot version of a new “Model Act on the Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance” was launched. Developed jointly by the IFRC, UNOCHA and the Inter Parliamentary Union, with support from legal experts from around the world, the Model Act is designed as a starting point for lawmakers interested in implementing the recommendations of the IDRL Guidelines into domestic law. The IFRC has also developed a series of training opportunities, including a disaster law short course for governmental officials and an online training module available for free online in five languages. Nevertheless, it is plain that much work remains to be done.

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 Resolution 7 at 31st IC Legislation as a key tool to promote risk reduction and encouraged states to review their existing laws relevant to DRR at the community level The 31st International Conference also looked at how legislation can best promote disaster risk reduction, particularly at the community level. Why was it concerned with this? First, because it is very clear that prevention is much better than trying to respond after a disaster has struck. This is clearly recognized in the Hyogo Framework of Action of 2005, in which governments committed to make risk reduction a national and local priority. However, recent reviews of the implementation of the Hyogo Framework show that these commitments are falling short at the local level. As noted in a 2011, “Voices from the Frontline” survey, there is a “significant gap between national and local level action. Reports of progress fade as activities get closer to vulnerable people – overall progress at community level is very limited.” Part of the reason for this is the failure to empower and employ communities themselves in identifying and reducing their own risks. We have tended to rely on experts and professionals – often in very short supply, particularly in developing countries – whereas communities, with the right support, can make an important difference themselves. What can laws do to address this? The so-called ‘last mile’ of disaster risk reduction – within communities themselves, where the impact of disasters is felt most immediately and intensely – remains surprisingly under-regulated in many countries. This is also where National Societies do the majority of their work on risk reduction. Over the last several years, IFRC has been consulting with National Societies about their experiences with disaster risk reduction legislation. Recently, the IFRC and National Societies also conducted a series of case studies and consultations with other partners, including at the recent Global Platform for Disaster Risk Reduction. Some of the ideas coming out of this research indicate that laws may be particularly helpful to: empower communities to take an active role promote full implementation of incentives prioritize resources for community level work encourage accountability

Why regulatory barriers to emergency and transitional shelter? Reoccurring 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? Resolution 7 at 31st IC Encouraged states to review their legal frameworks to determine if they address common regulatory problems The final aspect of disaster laws that the International Conference addressed was regulatory barriers to emergency and transitional shelter. Emergency and transitional shelter are critical to the well-being of persons made homeless by a disaster. They are not only essential to their health and safety, they are indispensible to any process of individual or community recovery. However, in many recent disasters, regulatory issues, including those related to land and property, as well as planning and building processes, have posed significant challenges to the provision of rapid and equitable shelter solutions. These issues have become increasingly apparent to IFRC and National Societies as they have scaled up capacity and activities in emergency and transitional shelter since 2005. As convener of the Global Emergency Shelter Cluster in disaster situations, IFRC has increasingly been informed by its shelter partners that they struggle with the same issues. Housing, land and property rights issues are complex in every country – and the aftermath of a disaster is a particularly challenging moment to address the barriers that legal and regulatory issues can pose. But experience shows that, unless creative solutions are found, the emergency shelter needs of the affected population will not be adequately met. While much study has been made of long-term issues and approaches in property and settlement, little attention has been given to the regulatory issues and acute challenges arising in the emergency and transitional phases. The 31st International Conference affirmed the importance of finding practical solutions – both formal and informal -- for addressing these regulatory problems and called on states, the Movement components and other humanitarian organisations to make every effort to assure equitable shelter assistance for all those in need – including as between persons who possess legal title to property and those who do not and between women and men. The resolution encouraged states to review their national legislative frameworks and procedures, with support from National Societies, the IFRC and other relevant partners, to determine if they adequately: provide rapid measures to assign and/or temporarily requisition land for emergency and transitional shelter, if needed address how to provide shelter assistance to persons who lack documented title to their damaged or destroyed homes reduce the potential for any ambiguities or disputes with regard to land or property ownership to delay or hamper the provision of emergency and transitional shelter allow for tailored building standards relevant to emergency and/or transitional shelter context Include measures to mitigate the heightened risk of corruption associated with the provision of assistance in the wake of a natural disaster.

Next steps Expectations of National Societies Expectations of the IFRC Provide advice and support to their governments on disaster laws in general Encourage and support the relevant authorities to undertake legislative reviews Disseminate the resolution and the IDRL Guidelines and build partnerships Expectations of the IFRC Support National Societies and states Provide technical assistance and training Develop tools, models and guidelines Strengthen partnerships In terms of next steps, the resolution of the International Conference signaled three main expectations of states: They are encouraged to prepare themselves for facilitate and regulate international disaster assistance, including by using the IDRL Guidelines to review their existing rules and procedures and to correct any gaps. They are similarly encouraged to review their existing laws related to disaster risk management to ensure that they are adequate to empower communities in risk reduction and to promote risk reduction activities at the community level. Finally, they are encouraged to ensure that their shelter assistance does not produce discriminatory results and to review whether their existing procedures and rules allow for the rapid provision of post-disaster shelter. For all three of these sub-themes, states are invited to cooperate with their National Societies, the IFRC and other relevant stakeholders. The IFRC was also accorded tasks by the resolution. It is asked to provide support to National Societies and states in the field of disaster laws generally – including in the three areas specifically discussed at the International Conference. This support should include technical assistance in evaluating and strengthening laws, training on disaster law issues, the development of additional tools, models and guidelines and ongoing advocacy and research. It is also invited to strengthen its partnerships with relevant stakeholders, particularly in the United Nations and regional organizations.

Potential for Southeast Asia Most disaster prone and most active Countries have undertaken legislative review since 2007 Most countries with improved/new legislation Strong National Societies – experience from major disaster operations Strong partnership with governments Southeast Asia countries made a joint-pledge for “Strengthening Disaster Law” resolution at the 31st International Conference Southeast Asia National Societies have a large potential in leading ‘Disaster Law’ agenda in the region. It is the most disaster prone region in the world with so many ongoing activities related to disaster response and preparedness. Cambodia, Laos and Vietnam have undertaken a review of their legal preparedness towards international disaster response in 2008-2009. Cambodia has followed up the recommendations with development of a new DM law, which is now waiting to be passed at the parliament. Indonesia since the 2007 DM law has developed several regulations concerning international assistance whereas Philippines also passed their DRRM Act in 2010. All of these development in the country and the government’s willingness to consider disaster management as an important issue also have encouraged National Societies to build more capacities in terms of preparedness, response as well as legal advocacy. This foster stronger collaboration with governments in improving disaster management and legislation in country.

Southeast Asia Country Updates Best practices in revision of laws Cambodia – A chapter on international assistance in the draft Disaster Management Law Indonesia – developed Presidential Regulations following the Law on DM for coordination and participation of international response Philippines – DRRM Act regulated DRR activities Upcoming new laws on DM – Vietnam, Myanmar, Laos

Regional Updates ASEAN AADMER Work Programming 2010-2015 Supporting the secretariat for the implementation of AADMER in national context Asian Ministerial Conference on DRR, Jogjakarta (October) Providing input into Subtheme 3 – Strengthening Local Risk Governance and Partnership Possible side event on DRR legislation

Disaster Law and HD Disaster Law is a theme of HD Enhance National Society profile not just as disaster responders but also experts in important humanitarian issues Better auxiliary role with the governments – stronger partnership

The way forward for Southeast Asia Develop a strong network of National Societies to follow up on Disaster Law pledges made at the 31st International Conference Focal points at national society level NS working group on Disaster Law? Establish stronger relationship with governments. Part of Humanitarian Diplomacy and Advocacy strategy Undertake specific Technical Assistance projects More country-specific trainings – for increased understanding of disaster law issues

Additional resources To enquire about technical support for following up on the disaster laws resolution: aishah.amin@ifrc.org You can find the text of the International Conference’s resolution on the disaster law topics and the other themes at the official Conference website “www.rcrcconference.org”. If you would like to learn more about disaster law, you can find reports, case study summaries, videos, research tools and publications, a free online training module and other resources on the IFRC website at www.ifrc.org/idrl. If you would like to enquire about technical support from the IFRC for any of the issues raised in the disaster laws resolution, please write to us. at aishah.amin@ifrc.org Thank you very much for your attention.