Key Regulatory Issues In International Disaster

Response In The Caribbean

Andria GrosvenorTechnical Manager,

Preparedness and Country Support

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

Organized by IFRC and OCHAAccra Beach Hotel , Barbados

19 - 21 October 2011

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

Organized by IFRC and OCHAAccra Beach Hotel , Barbados

19 - 21 October 2011

Introduction

About CDEMA

1996 Legislation

2010 Legislation

Issues, Needs, Successes

ABOUT CDEMA

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

5

Executive Director

CDEMA CU Staff

Technical Advisory Committee

Council of Ministers

Coordinating Unit

National Governments

International Agencies

Regional Agencies

National Disaster Offices

Deputy

Management Committee of Council

CARIBBEAN ENVIRONMENTAND SOCIETY

6

EXPERIENCES

What is Comprehensive Disaster Management (CDM) 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

GOAL

Regional Sustainable Development

enhanced through Comprehensive

Disaster Management

PURPOSETo 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

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

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

3. 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)

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

RBM

GOAL Regional Sustainable Development enhanced through Comprehensive Disaster Management

PURPOSE ‘To strengthen regional, national and community level capacity for mitigation, management, and coordinated response

to natural and technological hazards, and the effects of climate change.

OUTCOME 1: Enhanced institutional support for CDM Program implementation at national and regional levels

OUTCOME 2: An effective mechanism and programme for management of comprehensive disaster management knowledge has been established

OUTCOME 3:

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

OUTCOME 4: Enhanced community resilience in CDERA states/ territories to mitigate and respond to the adverse effects of climate change and disasters

1.1 National Disaster Organizations are strengthened for supporting CDM implementation and a CDM program is developed for implementation at the national level

2.1 Establishment of a Regional Disaster Risk Reduction Network to include a Disaster Risk Reduction Centre and other centres of excellence for knowledge sharing and management in the region

3.1 CDM is recognised as the road map for building resilience and Decision-makers in the public and private sectors understand and take action on Disaster Risk Management

4.1 Preparedness, response and mitigation capacity (technical and managerial) is enhanced among public, private and civil sector entities for local level management and response

1.2 CDERA CU is strengthened and restructured for effectively supporting the adoption of CDM in member countries

2..2 Infrastructure for fact-based policy and decision making is established/enhanced

3.2 Disaster Risk Management capacity enhanced for lead sector agencies, National and regional insurance entities, and financial institutions.

4.2 Improved coordination and collaboration between community disaster organizations and other research/data partners including climate change entities for undertaking comprehensive disaster management

1.3 Governments of participating states/ territories support CDM and have integrated CDM into national policies and strategies

2.3 Improved understanding and knowledge sharing on priority hazards

3.3 Hazard information and Disaster Risk Management is integrated into sectoral policies, laws, development planning and operations, and decision-making (in the tourism, health and agriculture sectors, planning and infrastructure

4.3 Communities more aware and knowledgeable on disaster management and related procedures including safer building techniques

1.4 Donor programming integrates CDM into related environmental, climate change and disaster management programming in the region.

2.4 Existing educational and training materials for Disaster Risk Reduction and Disaster Management are standardized in the region.

3.4 Sectoral Prevention, Preparedness and Response/Mitigation Procedures developed and Implemented (in the tourism, health and agriculture, planning and infrastructure

4.4 Standardized holistic and gender-sensitive community methodologies for natural and anthropogenic hazard identification and mapping, vulnerability assessments and early warning systems developed and applied in selected communities.

1.5 Improved coordination at national and regional levels for disaster management 1.6 Capacity for monitoring, evaluation and reporting is built

2.5 A Strategy and curriculum for building a culture of safety is established in the region

4.5 Early Warning Systems for disaster risk reduction enhanced at the community and national levels

WHAT IS CDM?Background to development

2001 2001 Birth through broad based stakeholder consultations Strategy and Results Framework for Comprehensive

Disaster Management was adopted by the CARICOM

20062006 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

OVERVIEW OF THE ACTIVITIES AND POLICIES OF THE ORGANIZATION

RRM ARCHITECTURE

HIGH LEVEL POLICY

AWARENESS

Dedicated facilities and staff

organisations

1996 Model Disaster 1996 Model Disaster LegislationLegislation

2010 Model CDM 2010 Model CDM Legislation and Legislation and

RegulationsRegulations

CDM Strategy CDM Strategy 20012001

CDM Strategy CDM Strategy 20062006RBM

Legislation and Legislation and Regulation Regulation

EnhancementEnhancement

Disaster Preparedness Model Legislation 1996

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

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 - Weaknesses

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 - Weaknesses

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 - Weaknesses

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

(2010)

ISDR 2000

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?

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 differences?

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 differences?

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

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

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

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 AGREEMENT

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

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 Articles

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

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

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

• Secure online access

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

Disaster Legislation Archiving System

• Disaster Legislation archiving

•  Legislation can be uploaded

CDEMA Legislation Viewer

• 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

•  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

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 Needs

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 Needs

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 Needs

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

Virgin Islands Adaptation – Other Issues

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

CARILEC linesman from Barbados, up high in Bahamas

Legislation in Action

CARICOM Contingent in Haiti

Caribbean Disaster Emergency Management AgencyBuilding #1, Manor Lodge

Lodge Hill, Saint Michael, BarbadosTel No: (246) 425-0386

www.cdema.org

Key Regulatory Issues in international disaster response in the Caribbean

Questions?