Disaster Law Programme Law and disaster risk reduction Sanne Boswijk Disaster Law Coordinator for MENA \Disasters and Law Consultation Kuwait, 11 June 2015

Disaster Law Programme Overview  Why legal frameworks for DRR are important  Background and objectives of our comparative study on effective law and regulation for DRR  Key findings of the study  Quick ‘true or false’  Next steps: The Checklist on Law and DRR

Disaster Law Programme Experience highlights the importance of legal framework for DRR

Disaster Law Programme Multi-Country Report IFRC and UNDP have recently launched a global study looking at 31 countries: Examples of good practice legal provisions What helps or hinders implementation Recommendations for reviewing or drafting laws Aim to support legislators, public administrators and DRR and development practitioners to prepare and implement legal frameworks

Disaster Law Programme

Laws analysed for the study Disaster Risk Management (DRM) laws Sectoral and local government laws & regulations for planning and safety in urban and rural development, housing, settlements & land use Cross-cutting laws – constitutions, human rights, legal liability, insurance, customary laws Other economic, health, education & social welfare laws

Disaster Law Programme Findings: Role of Disaster Risk Management laws DRM law DRR as a priority in law and policies Defining local responsibilities and institutions Giving national DRM institutions DRR mandates Supporting DRR education and awareness

Disaster Law Programme Key gaps and challenges  Decentralized implementation Local government responsibility but lacks means  Funding mandates Even DRM funds tend to favour response  Accountability Few mechanisms for monitoring & oversight  Early warning & risk mapping Lack of clear direction on EWS

Disaster Law Programme Findings: Sectoral laws are equally important! Building codes Land Use planning Environment Climate change adaptation Development approvals Mainstreaming DRR

Disaster Law Programme 1. Real progress – many more laws now include DRR Need more specific provisions and not just principles and ambitions Specific funding streams are essential 2. Need more integration of DRR into sectoral planning & climate change laws Especially land use, environment & resource management laws 3. Need stronger mandates to engage communities & civil society Good intentions for community participation are not enough 4. Cannot just adopt and forget law Accountability, liability, monitoring, and review Key lessons learned

Disaster Law Programme Next steps: The Checklist and handbbook on Law and DRR  A succinct and easy to use tool to support the strengthening of legal frameworks for DRR by:  Drawing on key findings of the multi-country study ‘Effective law and regulation for DRR’  Guiding a review and revision process of laws and regulations for DRR  Consultation process will serve to build in momentum and interest on the topic

Disaster Law Programme DRR Checklist  Do you have a DRR Act?  Does your law ensure appropriate resources for DRR?  Do your laws establish clear procedures for EWS and Risk Mapping?  Do your laws require DRR education and training?  Do your laws ensure inclusive community decision making?  Do your laws consider the needs of vulnerable groups?  Do you have adequate accountability mechanisms?  Do your laws promote effective implementation?  Who do you involve in legislative change?

Disaster Law Programme The Pilot Process  We plan for the pilot version of the checklist to be used by 3 countries in different regions  The ‘pilot process’ will differ according to country profile and needs but will generally include:  Initial training  Legal mapping/research process  Multi-stakeholder dialogue and consultation on priority areas for focus  Feedback on the checklist  Aim is to conduct these pilot process between March and November 2015

Disaster Law Programme What is the consultation process? Launch December 2015 Launch planned for the 32 nd International Conference of Red Cross and Red Cred Crescent Pilot version ready March 2014 Pilot Checklist and draft summary handbook available for WCDRR Consultations started in 2012 A zero draft: Panama October 2013 Draft 1: Kuala Lumpur February 2014 Draft 2: Abuja May 2014 Draft 3: Both Dakar and Nairobi 2014

Disaster Law Programme Key points to remember Effective laws and regulations serve as a foundation for building community resilience and making people safer Disaster risk managements laws are important: but other sectoral laws are equally as important for risk reduction Greater attention needs to be paid to resources, accountability and implementation The Checklist on Law and Disaster Risk Reduction will provide guidance for reviewing and improving legal frameworks for DRR

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