Saving lives, changing minds. IDRL Regulatory problems in international disaster response operations – Findings of the IFRC Sanne Boswijk Disaster Law Coordinator for MENA Kuwait, 10 June 2015

Saving lives, changing minds. Saving lives, changing minds. Foreign Rescue Team Delayed By Japanese Bureaucracy TOKYO March 13, 2011 Japan's stringent customs regulations on importing animals delayed a Swiss search and rescue team from getting their nine highly trained dogs to the quake zone quickly, as the time to find still living victims of the tsunami rapidly dwindles. "There are many rules here. So it's taking a long time," a member of the Swiss team told ABC News.com in the customs area of Narita International Airport, moments after an aftershock rolled through the airport, a visceral reminder of the still tenuous situation here. tsunami While the death toll here grows by the hour, U.S. officials said they are working with the Japanese to expedite approval of dog teams from Virginia and California now on their way to Japan to avoid similar bureaucratic snafus. ABC news

Saving lives, changing minds. Flights carrying food for drought-stricken Horn of Africa rescheduled owing to administrative complications. Al Jazeera, 27 July 2011 The UN is preparing to airlift food aid to the drought-stricken areas of the Horn of Africa, but flights have been delayed due to administrative complications. Airlifts were to begin on Tuesday to the Somali capital of Mogadishu, Dolo in Ethiopia and Wajir in Kenya. Now, officials say, they will not start until Wednesday. The scheduled flights were delayed after a wait for clearance permission in Nairobi, Kenya, where the mission is being flown from, did not come on time.

Saving lives, changing minds. Saving lives, changing minds. Nepal Customs Holding Up Earthquake Relief, UN Says, As Death Toll Nears 7000 The United Nations has said that customs delays are impeding earthquake relief efforts in Nepal, with bureaucratic bottlenecks at the country’s only international airport holding up the delivery of aid materials to survivors. U.N. Resident Representative Jamie McGoldrick told Reuters Saturday that Nepal must loosen their customs regulations in order to cope with incoming relief packages and ensure their speedy delivery. The news comes a week after a 7.9 magnitude earthquake devastated the mountainous country.customs delays are impeding earthquake relief efforts in Nepala 7.9 magnitude earthquake

Saving lives, changing minds. Saving lives, changing minds. Law and international assistance: context Climate Change More and bigger disasters = more need for int’l cooperation More and different responders More complex than ever for recipient governments

Saving lives, changing minds. Common regulatory problems in international disaster response operations Entry barriers Quality problems Impact: reduced access, higher costs, poorer quality

Saving lives, changing minds. Saving lives, changing minds. Inititation of relief: When the scale of the damage exceeds the capacities of the national authorities, how is international assistance managed?

Saving lives, changing minds. Saving lives, changing minds. Customs procedures: Will assisting States and humanitarian organisations have to pay import tax over food aid and other humanitarian goods?

Saving lives, changing minds. Visa and qualifications Can humanitarian personnel enter any country in an emergency? Is it automatically allowed for humanitarian medical staff to operate in your country as medical practitioner?

Saving lives, changing minds. Quality of relief items: medicines and food Which rules/procedures may influence the distribution of medicines? Can humanitarian organisaitons make use of food aid that contains GMOs? Hint Can you read this: не для внутреннего пользования

Saving lives, changing minds. Liability What if there is some mistake? Who decides if humanitarian personnel is liable for any damage it may cause?

Saving lives, changing minds. Regional agreements Global & Regional Institutions Sectoral treaties Bilateral Agreements Soft Law No general Disaster Treaty RC /RC (Soft) Law

Saving lives, changing minds. Domestic Law  Disaster Risk Management law and/or policy  Customs regulations  Public health legislation  Immigration regulations  Tax laws  Criminal law/penal code  Etc,

Saving lives, changing minds. Assessment Underperforming international framework Lack of dissemination Lack of coherence Gaps in coverage Gaps in domestic law Lack of clear procedures

Saving lives, changing minds. Legal preparedness at the domestic level: the IDRL Guidelines  Adopted by consensus by the state parties to the Geneva Conventions in 2007  Promoted by name in 8 UN GA resolutions  Recommendations to governments on how to prepare their own domestic laws and procedures for international assistance  9 new laws or regulations / 11 pending, 20 formal reviews

Saving lives, changing minds. IDRL Model Act  a reference tool and example to law- makers as they develop legislation appropriate to their national cicumstances.  The Model could serve as the basis of a stand-alone act or as the basis for amendments and additions to existing laws addressing the various regulatory questions at issue in international operations.

Saving lives, changing minds. IDRL in MENA 1. Technical Assistance Collaborating with National Red Cross and Red Crescent Societies and other partners to assisting governments in strengthening their domestic legal preparedness for disasters. 2. Capacity Building Building the capacity of National Red Cross and Red Crescent Societies to advise their governments on the development of disaster management law. 3. Advocacy, dissemination and research Building partnerships at the international and regional level on legal preparedness, disseminating the new Guidelines, and fostering new and innovative research.

Saving lives, changing minds. MENA Plans 2015  Regional Consultation on Law and Disasters (10-11 June)  Technical Project Tunisia  Technical project in a second MENA country  Integrating DL in DMU trainings and other activities (RDRT, NDRT, disaster simulations, case studies etc.)

Saving lives, changing minds. For more information Free online training module