disaster law the haiti project panama 19 september 2013 ifrc disaster law programme
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Disaster Law The Haiti Project Panama, 19 September 2013 IFRC Disaster Law Programme. The Disaster Law Programme. Created in 2001 by a resolution of the RC RC Council of Delegates The Disaster Law Programme works in 3 areas: Technical Assistance Capacity Building

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the disaster law programme
The Disaster Law Programme
  • Created in 2001 by a resolution of the RC RC Council of Delegates
  • The Disaster Law Programme works in 3 areas:
      • Technical Assistance
      • Capacity Building
      • Advocacy, dissemination and research
the idrl guidelines
The IDRL Guidelines
  • Adopted by consensus by the XXX International Conference in 2007
  • Compile existing international standards and best practices
  • Recommendations to governments on how to prepare the national laws and procedures for international assistance
  • Implementation - new laws in at least 10 countries; IDRL projects in more than 20 countries and Model Legislation
the idrl report i n haiti
The IDRL Report in Haiti
  • Developed in 2010 and 2011 in cooperation between CRH and IFRC and in consultation with various governmental actors, national and international
  • Analyses the international response to the earthquake of 12 January 2010:
      • Problems encountered
      • Mechanisms put in place
      • National legislative framework
  • Makes recommendations to the Haitian government in accordance with the IDRL Guidelines
achievements
Achievements
  • Comments provided to 2 Bills:
    • Importation of Medicines during an Emergency
    • Facilitation of Communications during an Emergency
  • Establishment with DPC and PAM of an inter-ministerial working group to work on Customs Clearance of Humanitarian Goods during Emergencies
  • Disaster Law workshop during the Association of Caribbean States (ACS) Heads of States Summit
  • Pétion Ville Declaration adopted by the ACS Heads of States, committing to legal preparedness on IDRL issues
shelter law
Shelter Law
  • Desk-study report on the Regulatory barriers to the provision of emergency and transitional shelter
    • Lack of land registration
    • Work needed on conflict resolution and expropriation
  • An additional field-study report has been prepared
    • Practical implications of the legal gaps: interviews with stakeholders
objectives for 2013
Objectivesfor 2013
  • Development of a National Action Plan on the facilitation and regulation of international disaster assistance by the DCP and other government entities
  • Bi-national conference with Dominican Republic to continue the dialogue on IDRL issues
  • Training of the HRC, government, and partner IGOs and NGOs to improve their skills and knowledge on Disaster Law
  • Additional technical assistance aiming at the adoption of new laws, regulations and procedures.
scope for work in 2014
Scope for work in 2014
  • Supporting the implementation of the National Action Plan
  • Supporting the ongoing working group on Customs clearance of humanitarian goods during emergencies
  • Bilateral initiatives with Dominican Republic
  • Addressing the regulatory barrier on emergency and transitional shelter
lessons learned
Lessons Learned

Legal Operational

  • In a major international relief operation, legal risks and challenges are inevitable.
    • An IFRC legal delegate should be deployed for a temporary period onsite in the early days of the operation.
    • Second wave deployment for recovery and preparedness

Disaster Law

  • Advocacy and technical support on IDRL at the early stages of the response operation
  • DL should be included in any HD Plan of Action
  • Disaster Law should be part of any recovery plan of action
  • Many legal issues could be avoided through national legal preparedness prior to a disaster.
conclusion and ways forward
Conclusion and ways forward
  • Pilot deployments of a legal delegate to support large emergency operations (FACT/RIT)
  • Future deployments of a disaster law delegate through the Shelter Cluster and other appropriate mechanisms related to the overall relief effort
  • Integrate IDRL work as part of the IFRC’s standard recovery work in disaster-affected countries
  • Place special emphasis on IDRL advocacy in disaster prone countries as a preparedness measure
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FOR FURTHER INFORMATION ON DISASTER LAW, PLEASE CONTACT:

  • In GenevaDavid Fisher, Global Disaster Law Programme Coordinator
  • Email: [email protected]; phone: 141 22 730 4360
  • In Panama CityIsabelle Granger, Americas Disaster Law Programme Coordinator
  • Email: [email protected]; phone: +507 317 3050
  • In Haiti
  • Rocio Escauriaza, Disaster Law Delegate
  • Email: [email protected]; phone: +509 31705985
  • Addis AbabaIda Marstein, Africa Disaster Law Programme Coordinator
  • Email: [email protected]; phone: +251 11 551 4571
  • In Kuala LumpurTessa Kelly, Asia-Pacific Disaster Law Programme Coordinator
  • Email: [email protected]; phone: + 60 3 9207 5764
  • In SuvaFinauLimuloa, Humanitarian Diplomacy Delegate for the Pacific
  • Email: [email protected]; phone: +679 331 1855
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