205302 - PowerPoint Presentation

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Regulatory problems in international disaster response operations – Findings of the IFRC Sanne BoswijkDisaster Law Coordinator for MENAKuwait, 10 June 2015Slide2

Foreign Rescue Team Delayed By Japanese BureaucracyTOKYO March 13, 2011Japan'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.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 newsSlide3

Flights carrying food for drought-stricken Horn of Africa rescheduled owing to administrative complications.Al Jazeera, 27 July 2011The 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.Slide4

Nepal Customs Holding Up Earthquake Relief, UN Says, As Death Toll Nears 7000The 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. Slide5

Law and international assistance: contextClimate ChangeMore and bigger disasters = more need for int’l cooperation

More and different responders

More complex than ever for recipient governmentsSlide6

Common regulatory problems in international disaster response operationsEntry barriersQuality problems

Impact:

reduced access, higher costs, poorer qualitySlide7

Inititation of relief: When the scale of the damage exceeds the capacities of the national authorities, how is international assistance managed?Slide8

Customs procedures: Will assisting States and humanitarian organisations have to pay import tax over food aid and other humanitarian goods?Slide9

Visa and qualificationsCan humanitarian personnel enter any country in an emergency? Is it automatically allowed for humanitarian medical staff to operate in your country as medical practitioner?Slide10

Quality of relief items: medicines and foodWhich 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 пользованияSlide11

LiabilityWhat if there is some mistake?Who decides if humanitarian personnel is liable for any damage it may cause? Slide12

Regional agreementsGlobal & Regional Institutions

Sectoral treaties

Bilateral Agreements

Soft Law

No

general

Disaster

Treaty

RC /RC (Soft) LawSlide13

Domestic LawDisaster Risk Management law and/or policyCustoms regulationsPublic health legislationImmigration regulationsTax lawsCriminal law/penal codeEtc,Slide14

AssessmentUnderperforming international frameworkLack of dissemination

Lack

of

coherence

Gaps in

coverage

Gaps in

domestic

law

Lack of clear proceduresSlide15

Legal preparedness at the domestic level: the IDRL GuidelinesAdopted by consensus by the state parties to the Geneva Conventions in 2007Promoted by name in 8 UN GA resolutionsRecommendations to governments on how to prepare their own domestic laws and procedures for international assistance9 new laws or regulations / 11 pending, 20 formal reviewsSlide16

IDRL Model Acta 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.Slide17

IDRL in MENA1. 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.Slide18

MENA Plans 2015Regional Consultation on Law and Disasters (10-11 June)Technical Project TunisiaTechnical project in a second MENA countryIntegrating DL in DMU trainings and other activities (RDRT, NDRT, disaster simulations, case studies etc.)Slide19

For more informationFree online training module

www.ifrc.org/dl

s

anne.boswijk@ifrc.org