Michelle-Ann Williams Legal Specialist Department of Sustainable Development Findings from the Caribbean Emergency Legislation Project CDM Conference, Montego Bay, Jamaica, December 8, 2010

Overview Scope: Prevention and Response Need to expedite decision-making in disaster response Lack of comprehensive legal-institutional framework Cross cutting issues: financial, technical, legal and institutional Funded by the World Bank; supported by CARICOM

Stakeholders National National Focal Points – Inter-American Disaster Mitigation Network Government offices agencies – Ministry of Finance – Ministry of Environment – Ministry of Justice – Offices of Disaster Preparedness and Emergency Management Private sector NGOs Regional CARICOM CDEMA UWI CDB OECS International OAS WB IADM IFRC Regional/International Steering Committee

Development Objective Build capacity to enhance legal and institutional framework for state of emergency and budget appropriation in CARICOM countries. Raise awareness among government decision makers and make recommendations to improve legislative channels and administrative procedures before, during, and immediately after, the occurrence of a natural disaster.

Countries Antigua and Barbuda Barbados Belize Dominica Dominican Republic Grenada Haiti Jamaica St. Kitts and Nevis St. Lucia St. Vincent and the Grenadines Trinidad and Tobago

Project Implementation Components: 1. Study to improve legal frameworks related to state of emergency and appropriation powers 2. National and regional validation and outreach completed Main Output – a set of recommendations for the implementation of clear and transparent procedures triggered under a state of emergency

Component 1 –Findings (National) Legal Framework Constitutional Orders Emergency Powers Acts Disaster Management Acts Finance Acts Institutional Framework Disaster Management Offices Ministries: National Security, Land, Health, Housing, Transport and Works, etc. Police, Fire Brigade, etc. National Disaster Committees NGOs (e.g. the Red Cross)

Component 1 – Findings: Challenges Legal Some laws or provisions conflict, are outdated, fail to consider overlaps with other laws Some countries have not enacted Disaster Management Acts or other similar legislation Limited or no regulations accompany the disaster/emergency management laws Some clauses (e.g. DD and SOE) are limited in scope/focus and have not given effect to emerging issues like climate change policy and adaptation plans The different roles played by constitutional and other legislative clauses are not often fully understood by those responsible for implementation Terms are not often clearly defined and the scope sometimes quite limited Some laws give a very general definition of disaster and emergency which are sometimes not in line with the internationally acceptable language In a few countries it is not clear who has the authority to declare a state of emergency or disaster Regarding content, some declarations are not sufficiently specific regarding the circumstances under which it is being made Regarding duration, some laws do not specify the duration for a declaration, nor include provisions on the review of the order for extension or termination. Confusion as to has the power and responsibility to conduct certain activities once a declaration is made, and the duration of such powers and responsibilities Limited or no regulations to complement legislation.

Institutional Heavy focus on disaster response instead of prevention and mitigation. Disaster mitigation not conducted on a comprehensive national basis Some legislation do not adequately elaborate on the roles the various bodies are expected to play in disaster management nor do they clearly indicate the action to be taken by empowered authorities in the event of a disaster Some countries do not have a statutorily established disaster management agency. Some legislation do not adequately elaborate on the roles the various bodies are expected to play in disaster management nor do they clearly indicate the action to be taken by empowered authorities in the event of a disaster Lack of cohesion/coordination among response agencies. Some institutions do not have the capacity to effectively manage/prepare for an emergency/disaster The role of National Disaster Committee is not always clearly elucidated, and does not always include all relevant stakeholders, particularly those from civil society groups Disaster/emergency management plans in many of the project countries are not sufficient to address their disaster preparedness, mitigation and response needs Absence of national building code Component 1 – Findings: Challenges

Financial Whether combined or from a single source, committed resources for disaster management are woefully inadequate. – no reliable, sustainable and substantive funding arrangements for disaster prevention and mitigation Finance and Administration Act, or other similar legislation does not make clear provisions for disaster emergencies No laws specifically establishing a National Disaster Prevention, Mitigation or Preparation Fund As a matter of policy in some countries, line items are not created for emergency management in the annual budget nor is it provided for in the estimates. Political Disaster and emergency management often fluctuate in importance at the political level There is often difficulty in reconciling economic plans and development plans in terms of the regulation of building codes. Limited regulations Other International Aid and Relief, National Security, Communication Systems Component 1 – Findings: Challenges

Component 1 - Findings (International) Legal Institutional Financial

Component 1 – Findings: Global best practices Methodology: Benchmarked jurisdictions – Africa: The Gambia & South Africa – Pacific: Marshal Islands, Australia, Fiji, Micronesia, Vanuatu – Asia: Singapore, India, Indonesia, Philippines – Americas: United States of America, Canada, Colombia Disaster declarations Funding mechanisms Telecommunications, International Aid, and Security and Health

Overall Recommendations Establish adequate legislative authority for disaster management at Constitutional and other Statutory levels Draft and implement complementary regulations. Clearly define key terms, roles and responsibilities of key agencies, etc. Establish provisions for funding in the disaster preparedness legislation Enact legislation to promote the implementation of improved standards for all buildings and infrastructure. Establish adequate funding mechanisms for disaster management Create mechanisms for transparency and accountability of external agencies. Promote capacity building and strengthen institutional arrangements to improve coordination at national and regional levels Enhance risk management and insurance coverage for disasters. Promote the transfer and exchange of disaster information. Improve access to information and promote effective communication. Update national emergency plans and procedures. Strengthen community committees. Improve capability of disaster and emergency personnel

Thank you!