Introduction to the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (The “IDRL Guidelines”) Version of

Overview 1.Origins of the Guidelines 2.Research findings underlying the Guidelines 3.Description of the Guidelines 4.Next steps

Origins of the Guidelines Mandate 2001 Council of Delegates 2003 International Conference Research 27 legal case studies IDRL database Global survey Desk study

Increasing numbers of disasters From the Red Cross/Red Crescent Climate Guide (2007)

Increasing numbers and variety of int’l responders More states More militaries More RC/RC societies More UN agencies Many more NGOs More private companies More private individuals

Common Problem Areas Entry and Operations Quality and Coordination

Common Problems: Entry and Operations Initiation Visas Customs Taxes Legal Personality Bank Accounts Local Hiring Liability Corruption

Common Problems: Quality and Coordination Inappropriate relief items and activities Untrained or unqualified personnel Lack of respect for domestic authorities and relief actors Lack of respect for beneficiaries Failure to coordinate

Lack of geographic reach (few parties to treaties) Lack of thematic scope Type of disaster Type of actor Lack of awareness Lack of use Gaps in international instruments

Tsunami, Indonesia, 2004 “As no specific provisions existed concerning the modalities with which international assistance should be requested and received, the Government issued ad hoc administrative instructions in the midst of a major response operation.” (Government of Indonesia) Hurricane Katrina, USA, 2005 “Comprehensive Policies and Procedures are Needed to Ensure Appropriate Use of and Accountability for International Assistance” (US GAO) Consistent gaps in domestic law

Marmara earthquake, Turkey,1999 “The legislative weaknesses in the Turkish legal system regarding disaster management led to... many complexities” (TRCS case study) Pakistan earthquake, 2005 “Pakistan suffered from the lack of a pre-existing National Disaster Management Authority and identified the creation of a legal framework as a lesson to apply.” (NDMA, ISDR Side-event at ECOSOC, 2006) Consistent gaps in domestic law

Guidelines on the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance Recommendations to governments on how to prepare domestic legal and institutional frameworks to handle international relief Compile existing international norms and best practice

Consultative development process European Forum Antalya, May 2006 Pan-African Forum Nairobi, May 2007 Asia-Pacific Forum Kuala Lumpur, Dec Americas Forum Panama City, April 2007 Middle East Forum Abu Dhabi, June, other meetings 30 th International Conference Geneva, November 2007 Resolution 4 – unanimously adopted

Scope and Definitions –Wide definition of “disaster”, but exclude armed conflict Part 1: Core Responsibilities –Primary role of affected state –Assisting actors to adhere to international quality standards Part 2: Early Warning and Preparedness –Comprehensive laws and policies –Information sharing What do they provide?

Part 3: Initiation and Termination –Consent of affected state –Special rules for military relief Part 4: Eligibility for Legal Facilities –State decides –Assisting states and assisting humanitarian organizations Part 5: Legal Facilities for Entry and Operations –Visas, customs, tax, legal personality... –Distinctions between relief and initial recovery What do they provide?

The Guidelines and humanitarian actors: the recommended link Humanitarian actor requests legal facilities Gov’t decides Facilities conditioned on adherence to minimum quality standards Ongoing obligation of recipient to abide by standards Gov’t monitors progress

Next steps from the adopting resolution States are encouraged to use the Guidelines for national law and for bilateral and regional agreements States, Federation and National Societies to work with UN and other partners to: – Disseminate and provide technical support to domestic authorities –Bring the Guidelines to the attention of international and regional inter- governmental bodies – Mainstream the Guidelines into relevant initiatives (such as ISDR)

For more information IDRL website: – –Background on the Guidelines, studies, fact sheets, legal database... Monthly Newsletter Weekly News Service