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Key Regulatory Issues In International Disaster Response In The Caribbean. Andria Grosvenor Technical Manager, Preparedness and Country Support. Disaster Law: International Norms, Problem Areas, and Future Directions Organized by IFRC and OCHA Accra Beach Hotel , Barbados

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Key regulatory issues in international disaster response in the caribbean

Key Regulatory Issues In International Disaster Response In The Caribbean

Andria Grosvenor

Technical Manager, Preparedness and Country Support

Disaster Law: International Norms, Problem Areas, and Future Directions

Organized by IFRC and OCHA

Accra Beach Hotel , Barbados

19 - 21 October 2011


Introduction
Introduction The Caribbean

  • About CDEMA

  • 1996 Legislation

  • 2010 Legislation

  • Issues, Needs, Successes


About cdema
ABOUT CDEMA The Caribbean

CDEMA was established in 2009 through an Agreement of the Heads of Government of the Caribbean Community. It replaces CDERA established in 1991

  • CDEMA is Responsible for 18 Participating States

  • CDEMA Coordinates the Regional Response Mechanism (RRM) in the Caribbean

  • CDEMA is the Champion for Comprehensive Disaster Management (CDM) in the Caribbean Region


Caribbean disaster emergency management agency
Caribbean Disaster Emergency Management Agency The Caribbean

National

Governments

Council of Ministers

International Agencies

Management Committee of Council

Technical Advisory Committee

Regional Agencies

National Disaster Offices

Coordinating Unit

Executive Director

Deputy

CDEMA CU Staff


Caribbean environment and society
CARIBBEAN ENVIRONMENT The Caribbean AND SOCIETY


E The Caribbean

X

P

E

R

I

E

N

C

E

S


What is comprehensive disaster management cdm
What is Comprehensive Disaster Management (CDM) The Caribbean

Is the management of all hazards through all phases of the disaster management cycle – prevention and mitigation, preparedness, response, recovery and rehabilitation by all peoples public and private sectors, all segments of civil society and the general population in hazard prone areas

Involves risk reduction and management

Integrates vulnerability assessment into the development planning process


COMPREHENSIVE DISASTER MANAGEMENT STRATEGY AND FRAMEWORK The Caribbean

GOAL

Regional Sustainable Development enhanced through Comprehensive Disaster Management

  • PURPOSE

  • To strengthen regional, national and community level capacity for the mitigation, management and coordinated response to natural and anthropological hazards, and the effects of climate change


Cdm framework 2007 2012 outcomes
CDM Framework 2007-2012 - OUTCOMES The Caribbean

  • Enhanced institutional support for CDM Program implementation at national and regional levels

  • An effective mechanism and programme for management and sharing of CDM knowledge is established and utilized for decision making

  • Comprehensive Disaster Management has been mainstreamed at national levels and incorporated into key sectors of national economies (including tourism, health, education, infrastructure, planning and agriculture)

  • Enhanced community resilience in CDEMA states/ territories to mitigate and respond to the adverse effects of climate variability and change and disasters

RBM


What is cdm background to development
WHAT IS CDM? The Caribbean Background to development

2001

  • Birth through broad based stakeholder consultations

  • Strategy and Results Framework for Comprehensive Disaster Management was adopted by the CARICOM

    2006

  • Reviewed and reshaped to

    • Emphasize disaster loss reduction through risk management

    • Follow a more Programme Based Approach

    • Emphasize Results Based Management


Benefits of the cdm approach
BENEFITS OF THE CDM APPROACH The Caribbean

Encourages strategic partner alliances

Emphasizes natural hazard risk reduction

Promotes a “culture of safety”

Recognizes that strengthening disaster preparedness for better response is critical

Promotes transparency and accountability

Advocates for empowering of sector partners to (take responsibility) and lead dissemination and advocacy with their constituency


Overview of the activities and policies of the organization
OVERVIEW OF THE ACTIVITIES AND POLICIES OF THE ORGANIZATION The Caribbean

HIGH LEVEL POLICY AWARENESS

Dedicated facilities and staff organisations

RRM ARCHITECTURE


2010 Model The Caribbean CDM Legislation and Regulations

1996 Model Disaster Legislation

CDM Strategy 2001

Legislation and Regulation Enhancement

CDM Strategy 2006

RBM


Disaster preparedness model legislation 1996
Disaster Preparedness Model Legislation 1996 The Caribbean

Revisions to the Model Legislation was necessary to make it more reflective of the national, regional and international emphasis on risk reduction in particular and Comprehensive Disaster Management in general.


Disaster preparedness model legislation 1996 weaknesses
Disaster Preparedness Model Legislation 1996 - Weaknesses The Caribbean

  • Focused on response and relief:

    • a.    Key documents (Annual Reports, and National Disaster Preparedness and Response Plans) needed to speak to prevention and mitigation (DRR) and integrating these into national and sectoral planning

    • b.   Articulation of the roles and responsibilities of Ministries , national agencies and private sector in the prevention and mitigation and preparedness.


Disaster preparedness model legislation 1996 weaknesses1
Disaster Preparedness Model Legislation 1996 - Weaknesses The Caribbean

  • Need for strengthening of the institutional framework

  • Did not mandate the development of national DM policy and strategy.

  • Required provisions that specifically establish the disaster office and clearly delineate the role of the NDC;

  • Lacked model regulations;


Disaster preparedness model legislation 1996 weaknesses2
Disaster Preparedness Model Legislation 1996 - Weaknesses The Caribbean

  • Weak re hazard inspections and the need to confer powers to the NDC to mandate the owners of property deemed to be hazardous, to take remedial action.

  • Weak re disaster alerts

  • Did not speak to procedures for maintaining disaster information systems

  • No provisions for Volunteers


Disaster preparedness model legislation 1996 weaknesses3
Disaster Preparedness Model Legislation 1996 - Weaknesses The Caribbean

  • Lacked arrangements for Compensation for persons assisting in relief and response efforts who are injured or have property damaged; also the issue of ensuring that these persons can receive salaries and benefits etc. as usual.

  • Lacked Liability protection for officers, inspectors etc acting in good under the legislation.

  • Did not articulate arrangements for Mass crowd events and the role of the disaster office.



Cdema model comprehensive disaster management legislation and regulations 20101
CDEMA Model Comprehensive Disaster Management Legislation and Regulations 2010

Prepared through the support of the EDF-9 funded Institutional Support and Capacity Building for Disaster Management in the Caribbean project.

Improved on the 1997 CDERA Model Disaster Management Legislation


2010 model cdm legislation what are the differences
2010 Model CDM Legislation: What are the differences? and Regulations 2010

Places greater emphasis on mitigation and recovery (Part 1)

Places oversight for national disaster management with the highest, national decision-making levels (Part II &III)

Expressly provides for the establishment of a department/agency with responsibility for disaster management; and confers power on the disaster management department (Part IV)


2010 model cdm legislation what are the differences1
2010 Model CDM Legislation: What are the differences? and Regulations 2010

Makes provisions for integrated disaster management including mandating the Director (or equivalent) to collaborate with supporting agencies (Part IV);

Enhances the provisions for alert systems and declarations of disasters (Part VIII);

Disaster Management regulations (pg 47-51)


2010 model cdm legislation what are the differences2
2010 Model CDM Legislation: What are the differences? and Regulations 2010

  • Makes provisions in Part IV for:

    • hazard inspections

    • disaster management information systems

    • a disaster management fund

    • volunteers

    • protection from liability for persons operating under the powers of the Act and

    • compensation for injury and loss of personal property for persons operating under the powers of the Act .


Cdema agreement force of law in participating states
CDEMA Agreement – Force of Law in Participating States and Regulations 2010

  • Preliminary provisions of the MDML under Force of Law makes provision for The CDEMA Agreement

  • The CDEMA Agreement is therefore the Second Schedule in the MDML


Overview of the cdema agreement
OVERVIEW OF THE CDEMA AGREEMENT and Regulations 2010

CDEMA is established on principles of inter-governmental cooperation

A number of small states with large vulnerabilities and limited individual capacity

Rationalizing diverse actions towards a common goal was central to operationalizing the Agreement

ISDR 2000


Objectives of the cdema agreement
OBJECTIVES OF THE CDEMA AGREEMENT and Regulations 2010

To make an immediate and coordinated response by means of emergency disaster relief

To secure, coordinate and channel to interested inter-governmental organizations, reliable and comprehensive information on disasters

ISDR 2000


Objectives of the cdema agreement1
OBJECTIVES OF THE CDEMA AGREEMENT and Regulations 2010

To mobilize and coordinate disaster relief from governmental and non-governmental organizations

To mitigate or eliminate the immediate consequences of disasters

ISDR 2000


Cdema agreement selected articles
CDEMA Agreement – Selected Articles and Regulations 2010

Makes provisions for:

  • Privileges, immunities, facilities to be accorded to the Sending State (Article XXVII)

  • Privileges and immunities of CDEMA property and assets (Article XXX)

  • Exemption from taxes and custom duties (Article XXXIV)

  • Facilitating transit of personnel, equipment and property (Article XXVIII)


Cdema agreement selected articles1
CDEMA Agreement – Selected Articles and Regulations 2010

Makes provisions for:

  • Emergency Assistance Fund to defray response operation expenses (Article XVIII)

  • Deployment of disciplined forces from member states for humanitarian assistance (Article XXI)

  • Overall Direction and Control for assistance despatched to a requesting states (Article XXII)

  • Meeting costs of providing assistance – Sending State (Article XXV)


Caricom compliance
CARICOM and Regulations 2010 Compliance

  • Ensure compliance with the CARICOM approved procedure for the development and approval of model legislation to facilitate eventual approval and implementation of the Model Disaster Management Legislation (MDML),

  • Formal notification of the relevant Organs and Bodies (especially the Attorneys-General and Ministers of Legal Affairs) of CARICOM

  • Encourage Community oversight and involvement in the process of development

  • Establish a process for reporting at the meetings of the Community Council


Cdema legislation tracker
CDEMA Legislation Tracker and Regulations 2010

  • A tracking system based at the CDEMA to track progress with Disaster Legislation and the level of enforcement within CARIFORUM States.

  • Internet accessible both through the Agency’s website and the Virtual Library.

  •  Includes:

    • Disaster Legislation archiving system

    • Level of Enforcement database system.

    • CDEMA Legislation Viewer


Cdema legislation tracker login
CDEMA Legislation Tracker - Login and Regulations 2010

Secure online access

Login screen for this administrative interface is available at http://www.cdematracker.org/admin


Disaster legislation archiving system
Disaster Legislation Archiving System and Regulations 2010

Disaster Legislation archiving

 Legislation can be uploaded


Cdema legislation viewer
CDEMA Legislation Viewer and Regulations 2010

CDEMA Legislation Viewer for the Agency’s Website and Virtual Library

Select a country to the left of the screen to view the available legislation


Level of enforcement database
Level of Enforcement Database and Regulations 2010

For each piece of legislation, the following details are viewable: Version Number, Title, Amendments, CDEMA Recommendations and Level of Enforcement.

Help links are available to the top of every page of the Legislation Viewer.


Remaining needs
Remaining Needs and Regulations 2010

  • Strengthening inspections of Government for critical infrastructure – mandatory annual reports on status of preparedness

  • Private Sector Compliance - legally mandating them to prepare disaster plans and exercise them and particularly resilience of critical infrastructure


Remaining needs1
Remaining Needs and Regulations 2010

  • Strengthen provisions for enabling environment– National CDM policy and strategy

  • Enhanced treatment of Volunteers – protection, compensation and liability immunity

  • Ensure complementarity of legislation – adaptation must ensure synergy of CDM legislation with existing national legislation


Remaining needs2
Remaining Needs and Regulations 2010

  • Curfews – provisions should be made for this under the MDML

  • Cross Cutting themes – Gender, climate change and other issues. Can these be reasonably provided for?

  • Administration – the 2010 Model is best suited for instances where the NDO is/wants to be a statutory body- not suitable for all


Remaining needs3
Remaining Needs and Regulations 2010

  • Guidance document required on adaptation – step wise process; reflection options for various jurisdictions based on governance


Virgin islands adaptation other issues
Virgin Islands Adaptation – Other Issues and Regulations 2010

  • Need for provisions for importation of people, goods, services after disaster impact

  • Strengthen the clause related to EOCs by:

    • Expressly required that a building be designated as EOC and allowing the NDC to appoint another facility if necessary

  • Annual publishing of lists e.g. marine shelters, emergency shelters

  • Clauses requiring development of DM strategy should include MER framework general.


Legislation in action
Legislation in Action and Regulations 2010

CARILEC linesman from Barbados, up high in Bahamas


Legislation in action1
Legislation in Action and Regulations 2010

CARICOM Contingent in Haiti


Key Regulatory Issues in international disaster response in the Caribbean

Questions?

Caribbean Disaster Emergency Management Agency

Building #1, Manor Lodge

Lodge Hill, Saint Michael, Barbados

Tel No: (246) 425-0386

www.cdema.org


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