Date post: | 11-Jan-2016 |
Category: |
Documents |
Upload: | barbara-martin |
View: | 213 times |
Download: | 0 times |
Introduction to the
Guidelines for the Domestic Facilitation
and Regulation of International Disaster
Relief and Initial Recovery Assistance
(The “IDRL Guidelines”) Version of 22.02.08
Overview
1. Origins of the Guidelines2. Research findings underlying the
Guidelines3. Description of the Guidelines4. 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 scopeType 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 processEuropean ForumAntalya, May 2006
Pan-African Forum Nairobi, May 2007
Asia-Pacific Forum Kuala Lumpur, Dec. 2006
Americas ForumPanama City, April 2007
Middle East ForumAbu Dhabi, June, 2007
+ other meetings
30th International ConferenceGeneva, November 2007Resolution 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:
– www.ifrc.org/idrl– Background on the
Guidelines, studies, fact sheets, legal database . . .
• Monthly Newsletter• Weekly News Service