IDRL I nternational D isaster R esponse L aws, rules and principles

I International / cross border responses D Disasters: Non-conflict, natural, technological, man-made, public health emergencies R Response: Preparedness, relief, rehabilitation, reconstruction L Laws, rules, principles, guidelines etc, at the national, regional and international levels. IDRL is not one single law or treaty – it is the name given to all laws, rules and principles applicable to international disaster response.

GUIDELINES FOR THE DOMESTIC FACILITATION AND REGULATION OF INTERNATIONAL DISASTER RELIEF AND INITIAL RECOVERY ASSISTANCE Adopted by Resolution 4 of the 30 th International Conference of the Red Cross and Red Crescent in November Developed through an extensive research and consultation that involved more than 160 governments and more than 200 humanitarian organizations Database with more than 500 international instruments 5 regional forums (Americas- Panama, Middle East- Abu Dhabi, Africa- Kenya, Asia Pacific- Kuala Lumpur, Europe- Turkey)

KEY PROVISIONS OF THE IDRL GUIDELINES 1.Domestic Actors have a primary role: The Guidelines recognize that it is first and foremost the responsibility of the affected State to address the humanitarian needs of a disaster within its territory. The international humanitarian assistance should be designed so as to be complementary to the Affected State efforts and the local actors. 2. International relief providers have responsibilities: They should develop their work observing certain minimum humanitarian principles and standards (humanity, neutrality and impartiality) 3. International actors need legal facilities: a) Expedited visa processing and customs clearance for relief personnel, goods and equipment. b) Facilitation of relief transport c)Exemptions from taxes, duties and fees on relief activities d)Simplified mechanisms for humanitarian organizations to acquire temporary domestic legal personality in order to operate legally in the country. 4. Legal facilities should be conditional

IDRL CASE STUDIES AND IDRL INVESTIGATIONS SINCE 2001 Published: Australia, Austria, England, Bulgaria, France, Cambodia, Laos, Vietnam In progress: Germany, Colombia, Indonesia, Haiti, Netherlands, Norway, Peru, Sierra Leone, Vanuatu In negotiation: Afghanistan, Argentina, Chile, El Salvador, Kiribati, Mozambique, Namibia, Nepal, Pakistan, Papua New Guinea, Dominican Republic, Samoa and Uganda.

IDRL PROGRAMME AIMS TO: Improve “legal preparedness” for international and regional response to disaster. Examples:  Remove legal bottlenecks and bureaucracy which hamper international relief activities  Ensure that proper quality and accountability standards are in place  Ensure that international assistance respects and supports national and community-based DM action  Ensure that national laws, plans, policies anticipate and prepare for the possibility of international assistance  Ensure that international rules and standards are reflected in national legislation and practices

NEED TO STRENGTHEN IDRL Operational issues:  Inconsistency of access to disaster affected populations  Tendency for national law not to specifically address issues of international assistance  Delays, inefficiency and inconsistency in facilitation of disaster response by states  Lack of coordination within and between national and international response structures  Inappropriate aid  Donor driven, not needs driven Legal issues: There are MANY international laws, rules and principles but:  Lack of awareness and application of international rules and standards  Non-binding nature of many relevant instruments  Binding instruments with few parties/limited focus  Lack of domestic codification of international standards International Federation is leading global efforts to directly tackle these issues.

SOURCES OF IDRL International / regional Treaties, conventions Agreements – MOUs, partnerships Resolutions – UN, Red Cross Declarations – International conferences Principles National Disaster management laws/policies Other legislation, decrees, decisions Policies, planning instruments Institutional  Codes of conduct  Standards, guidelines  Policies, statutes  Principles

EXAMPLES OF NATIONAL IDRL Disaster management law Immigration law Customs law Tax law Radio / communications licenses NGO registration Licenses for medical practice Vehicle registration Security regulations Construction law Health regulations Agreements for special privileges and immunities for international organisations

REGIONAL DISASTER PREPAREDNESS OAS Inter- American Convention CEPREDENAC Regional handbook CAPRADE Regional handbook CDEMA Agreement establishing CDEMA MERCOSUR Specialized meeting

EXAMPLES OF INTERNATIONAL INSTRUMENTS Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (1986) Nordic Mutual Emergency Assistance Agreement (1963) ECE Convention on the Transboundary Effects of Industrial Accidents (1992)  Nuclear/Industrial Accident Law  Customs Law  Weapons Control Law  Communications Law  Health Law  Humanitarian Principles and Human Rights  Environmental Law  International Org. Law  Space Law  UN/RC-RC Resolutions  Models and Drafts

EXAMPLES OF INTERNATIONAL INSTRUMENTS Kyoto Conventions on Customs Harmonization (1973 & 1999) Customs Cooperation Council Recommendation (1970)  Nuclear/Industrial Accident Law  Customs Law  Weapons Control Law  Communications Law  Health Law  Humanitarian Principles and Human Rights  Environmental Law  International Org. Law  Space Law  UN/RC-RC Resolutions  Models and Drafts

EXAMPLES OF INTERNATIONAL INSTRUMENTS Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations (1998)  Nuclear/Industrial Accident Law  Customs Law  Weapons Control Law  Communications Law  Health Law  Humanitarian Principles and Human Rights  Environmental Law  International Org. Law  Space Law  UN/RC-RC Resolutions  Models and Drafts

Health Regulations (2005) World Health Organisation Essential Medicines List  Nuclear/Industrial Accident Law  Customs Law  Weapons Control Law  Communications Law  Health Law  Humanitarian Principles and Human Rights  Environmental Law  International Org. Law  Space Law  UN/RC-RC Resolutions  Models and Drafts EXAMPLES OF INTERNATIONAL INSTRUMENTS

Fundamental Principles of the Red Cross & Red Crescent Movement Human rights treaties and instruments Red Cross / Red Crescent / NGO Code of Conduct SPHERE Standards  Nuclear/Industrial Accident Law  Customs Law  Weapons Control Law  Communications Law  Health Law  Humanitarian Principles and Human Rights  Environmental Law  International Org. Law  Space Law  UN/RC-RC Resolutions  Models and Drafts EXAMPLES OF INTERNATIONAL INSTRUMENTS

Guiding Principles on Humanitarian Assistance, UN GA Res 46/182 (1991) Urban Search & Rescue, UN GA Res. 57/150 (2004) Measures to Expedite Emergency Relief, RC/RC Conf. Res. (1977) Principles and Rules for RC/RC Disaster Relief, RC/RC Conf. Res. (1995)  Nuclear/Industrial Accident Law  Customs Law  Weapons Control Law  Communications Law  Health Law  Humanitarian Principles and Human Rights  Environmental Law  International Org. Law  Space Law  UN/RC-RC Resolutions  Models and Drafts EXAMPLES OF INTERNATIONAL INSTRUMENTS

SOME MULTILATERAL SOURCES OF IDRL Draft Convention on expediting relief and emergency assistance (1984) Model Rules for Disaster Relief Operations (UNITAR, 1982) Draft International Guidelines for Humanitarian Assistance Operations (1991)  Nuclear/Industrial Accident Law  Customs Law  Weapons Control Law  Communications Law  Health Law  Humanitarian Principles and Human Rights  Environmental Law  International Org. Law  Space Law  UN/RC-RC Resolutions  Models and Drafts

BACKGROUND OF THE IDRL PROJECT IN COLOMBIA Nov 2009: Visit of the IDRL Coordinator for the Americas to Bogotá, in order to present the Working Plan for the IDRL project in Colombia to the Disaster Management authorities. December 2009: Workshop on Law of the Disasters: Using and improving the first to address the latter. Legislative Issues Related to Natural Disaster Management, held from 14 to 15 December 2009 in Bogotá, organized jointly by CRC, IFRC and OCHA DGR. Participants: 14 Governmental representatives (Risk Management Division, Custom’s, education, Ministry of Foreign Affairs, immigration, National Planning, National Army, etc. 5 representatives of Civil Society (OSSO, CRC, IFRC, Ecuador’s Red Cross 1 representative of INDECI-Peru 2 representatives of intergovernmental organization (OCHA)

IDRL PROJECT IN COLOMBIA Technical cooperation agreement between CRC and CDMA. Signed Technical assistance agreement between the CRC and the IFCR signed IDRL Project starts activities

TECHNICAL COOPERATION AGREEMENT BETWEEN THE COLOMBIAN RED CROSS AND THE RISK MANAGEMENT DIVISION OF THE MINISTRY OF INTERIOR AND JUSTICE Specific objectives: Make recommendations to support the National System of Disaster Prevention and Response to strengthen legal instruments relating to humanitarian disaster attention and prevention under the IDRL Guidelines. Identify the main legal challenges existing and those that may arise on international humanitarian assistance to disaster. Determine the most likely scenarios of disaster whose attention may involve international cooperation Contribute to obtaining a legal instrument of international humanitarian assistance in case of declaration of disaster in Colombia. To contribute to the modernization and updating of the Decree 919 of 1989

PROJECT METHODOLOGY AND EXPECTED RESULTS Creation and meetings of the Working Group: DGR (President), CRC (Technical secretary), DIAN, Ministry of Foreign Affairs,, Min of Social Protection Social, Acción Social, DAS, OCHA, WFP, DNP and ICRC. Information research: inputs from the working group members, surveys and field work 2 workshops: January 20, 2011 and April Final report

IMPORTANCE OF THE IDRL PROJECT IN COLOMBIA Colombia is exposed to different risks of disaster, especially to those related to hydro-meteorological, seismic and volcanic nature. The National Disaster Prevention and Management System has identified the following risks: Flooding: natural phenomenon of high occurrence. It affects the 4 regions of the country, 23 of 32 departments and hundreds of municipalities. Volcanic activity: Colombia has 20 active volcanoes, 6 of them are under permanent surveillance Wildfires: A phenomenon that has increased recently, affecting protected Areas. Hurricanes: Possibility of occurrence in the Caribbean Region and the islands. Its effects can be spread to other areas. Earthquakes: high-impact phenomenon. Affects the population and infrastructure. Tsunamis: Both the Caribbean and Pacific Coast are likely to be affected by this phenomenon. Drought: It generates high-impact environmental problems. Mass movements: Cause serious damage to infrastructure. Recently, Colombia has demanded the international cooperation aid to cope the flooding, caused by the niña phenomenon

Floods 3 MAJOR NATURAL RISKS Volcanic activity Earthquakes

FINDINGS IN INTERNATIONAL CALL FOR ASSISTANCE AND DISASTER MANAGEMENT POLICIES No legal procedure. The Ministry of foreign Affairs in Coordination with the Risk Management Division have established an informal procedure for calling the international cooperation. Decree : Local Disaster prevention and attention Committees Regional Disaster prevention and attention Committees National Disaster prevention and attention Committee Technical Committee Operational Committee Guideline 3.1 Affected States have the primary responsibility to ensure disaster risk reduction, relief and recovery assistance in their territory. National Red Cross and Red Crescent Societies, as auxiliaries to the public authorities in the humanitarian field, and domestic civil society actors play a key supporting role at the domestic level. Guideline 3.2 Affected State determines that a disaster situation exceeds national coping capacities, it should seek international and/or regional assistance to address the needs of affected persons.

FINDINGS IN THE COLOMBIAN CUSTOMS LAW Guideline With regard to disaster relief and initial recovery goods and equipment exported or imported by, or on behalf of, assisting States and humanitarian organizations, originating, transit and affected States should: a. Exempt them from all customs duties, taxes and governmental fees b. Exempt them from all export, transit, and import restrictions c. Simplify and minimize documentation requirements for export, transit and import d. Permit re- exportation of any equipment or unused goods which the assisting stat or humanitarian organization owns and wishes to retain The Customs Regulations (Decree 2685 of 1999) contains provisions to facilitate the entry of aid to victims of disasters or accidents through the figure called Urgent Delivery: Article 204: Urgent delivery. The relevant authority may authorize without any prior paper work, the urgent delivery to the importer, of certain goods entering as aid for victims of disasters or accidents. Article 391: the aid for disaster victims has a preferential treatment and do not need to constitute a guarantee for tax payments Comment: Note the main verb may. This means that there is a certain discretional power for the customs authority. It is recommended to coordinate in advance with the customs authority to avoid delays. For urgent deliveries, the DIAN has accepted the presentation of manuscript documents with the information of the goods imported as humanitarian aid.

FINDINGS IN THE COLOMBIAN CUSTOMS LAW The Head of the Foreign Trade Service of the Custom’s authority should give priority to the registration of the documents of the goods entering as urgent deliveries and may authorize their fast release. The goods that enter as aid for victims of a natural disaster must destined for a public or a non-profit charity association and should be for free distribution This procedure also applies to : goods donated to governmental entities by foreign governments under a treaty, agreement or international cooperation project. The imports of diplomatic missions destined to governmental entities that after been use should be re-exported.

FINDINGS IN THE COLOMBIAN CUSTOMS LAW As far as we know, there is not an exhaustive list of goods that may or may not enter as urgent deliveries. Goods classified in Chapters 84 to 90 of the Customs Tariff Decree ( ), must be re- exported or imported according to the Colombian law once they have exceeded 2 months in the territory 2 months after receiving the aid, the recipients must notify to the custom’s authority the number, quality, price and date of arrival of the goods that entered as urgent delivery

FINDINGS IN THE COLOMBIAN CUSTOMS LAW According to the authorities surveyed, the Customs Service is provided 24 hours a day, 7 days a week. Additionally, Article 6 of Decree 2685 of 1999 sets forth: "[...] Contingency measures and procedures. The National Department of Taxes and Customs have procedures to ensure continuous and uninterrupted delivery of Customs and control mechanisms [... ]. " Guideline 17.2.b. With regard to disaster relief goods and equipment only, originating, transit and affected States should additionally: b. Arrange for inspection and release outside business hours and/or at a place other than a customs office,. Guideline 23 Affected States should endeavour to ensure, when necessary, that State- operated offices and services essential to the timely delivery of international disaster relief function outside of normal business hours.

ENTRY OF GOODS AND SPECIAL EQUIPMENT VEHICLES The importation of used vehicles is not allowed in the Colombian legislation, A consistent interpretation of the customs provisions allows us to conclude that emergency vehicles could enter by urgent delivery importation and after 2 months they should apply for the temporary importation modality. The merchandise imported in this modality can only stay in the country for 6 months. There is a special provision that allows the importation of used fire engines destined to the Official or voluntary fire Corps.

TEMPORARY RECOGNITION OF PLATES AND DRIVERS LICENCES The National Traffic Code (Act 769 of 2007): Recognize the validity of foreign driving licenses of tourists and persons in transit. It also stipulates that foreign vehicles may travel in the territory during the time set by the DIAN and the DAS. One might ask what treatment would have a driver's license of a person who enters with a work permit. Guideline 18 The Affected States should grant temporary recognition to foreign registration and plates with regard to vehicles imported by assisting States and eligible assisting humanitarian organizations or on their behalf in disaster relief and initial recovery assistance.

ENTRY OF TELECOMMUNICATIONS EQUIPMENT Guideline 18.2 The Affected States should waive or expedite the granting of any applicable licences and reduce any other barriers to the use, import or export of telecommunications and information technology equipment by assisting States and assisting humanitarian organizations, or on their behalf, in disaster relief and initial recovery assistance. Colombia is State Party to the Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, adopted in Tampere, Finland in Entered into force on July 12, 2008 after the deposit of the accession instrument on June 12, Despite the fact that Colombia is State party to this convention, national authorities are not aware of their obligations towards this international instrument. Article 15 of Decree 919 of 1989 provides that the use of systems and the media during a disaster situation, shall be governed by regulations of the Ministry of Information Technology and Telecommunications. Also, Law 1341 sets forth that in case of emergency, disaster or public emergency, network providers and telecommunications services should grant free access to the national authorities.

ENTRY OF DANATED MEDICINES Guideline 18.3 Originating, transit and affected States should reduce legal and administrative barriers to the exportation, transit, importation and re-exportation of medications and medical equipment by assisting States and eligible assisting humanitarian organizations, or on their behalf, in disaster relief and initial recovery assistance, to the extent consistent with public safety and international law. Medicine donations are regulated by Decree 919 of Medicine donations do not require previous sanitary registration but must meet several requirements and standards. Persons interested in receiving a donation of medicines and medical devices must request prior authorization from INVIMA. There are medicines that can only be imported and exported by the National Drugs Fund (Resolution 1478 of 2006 MPS External Circular 60 of 2006 MCIT). Example: Morphine in all its presentations, opium, coca leaf, among others.

ENTRY OF DOGS In accordance with Resolution 3382, 2003, there is no quarantine for dogs (canis familaris) and cats (Felis catus). However, the sanitary authority will practice a physical examination and issue a certificate of health inspection. Presentation of a veterinary certificate attesting that the animal showed no clinical signs of rabies and its immunization records.

Guideline 18.4 Originating, transit and affected States should consider whether normal requirements regarding fumigation and prohibitions and restrictions on food imports and exports by assisting States and eligible assisting humanitarian organizations in disaster relief operations can be modified or reduced. FOOD IMPORTATION The requirements for food importation are set forth in Decree 3075 of No specific provisions have been found in connection with food donations. Art 55: All food imported into the country will have a prior sanitary authorization issued by the competent authority.

ENTRY OF HUMANITARIAN PERSONNEL Guideline 16.1 With regard to disaster relief and initial recovery personnel of assisting States and eligible assisting humanitarian organizations, affected States should: a. Grant visas and any necessary work permits, ideally without cost, renewable within their territory, for the time necessary to carry out disaster relief or initial recovery activities. Decree 4000 of 2004 provides for the types of visas (for those nationalities that require it) and permits to enter and stay. Depending on the conditions and the application, in accordance with Article 30.7 there’s a temporary visa for volunteers who do not belong to a religious order ( for a period of up to 2 years with multiple entries). Likewise Article establishes a temporary work visa. Section 41.6 has a special temporary Visa for volunteers, NGO members or International organization members who come to the country to develop humanitarian aid ( for up to two years with multiple entries) There is also a form of technical visitor (art. 43) which may be granted for up to 180 days.

TAX EXEMPTIONS Guideline 21 Affected States should provide exemptions to assisting States and eligible assisting humanitarian organizations from value-added and other taxes or duties directly associated with disaster relief and initial recovery assistance. Law 788 of 2002 Article 96 provides the exemptions for donations from foreign governments or organizations: Funds or donations from foreign countries covered by an international agreement are exempt from any tax, fee or contribution. A common utility certificate must be issued from the relevant authority in order to access to these exemptions Decree 540 of 1994 develops this article Note that this article applies to donations from foreign governments that are made pursuant to an intergovernmental agreement

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