Strengthening legal preparedness for international disaster assistance

ECHO Partners ConferenceBrussels, 21 October 2010

Elise Baudot-QueguinerLegal CounselIFRC

ContextClimate Change• More and bigger disasters = more

need for int’l cooperation

More and different responders• More complex than ever for recipient

governments

Lack of legal preparedness• Lack of previously established rules

for int’l assistance

IDRL programme• Initiated in 2001

– 27 legal case studies – Global survey– Desk study – Regional consultations

• 2007: IDRL Guidelines

– Technical assistance– Capacity building– Advocacy

Unnecessary regulatory problemsVisas, customs, tax, etc. Wrong aid, untrained staff, etc.

Impact: reduced access, higher costs, poorer quality

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

Regional Law

Global & Regional Institutions

Sectoral Law

Bilateral Agreements

Soft Law

No Comphensive Legal RegimeHuman Rights

RC /RC (Soft) Law

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

The “IDRL Guidelines”• Recommendations to

governments on how to prepare domestic legal frameworks for international assistance

• Adopted by the State Parties to the Geneva Conventions in 2007

• Joint EU Member States pledge

• 4 UN General Assembly resolutions

• Personnel– Visas– Work permits– Professional qualifications– Freedom of movement

• Goods and equipment– Customs clearance and duties– Food, vehicles, telecoms, medicines

• Transport• Domestic legal status

– Power to open bank accounts, contract, etc.• Taxes• Security• Extended hours• Costs

The IDRL Guidelines’ proposed legal facilities

• Aid providers always:

– Abide by domestic and international law– Coordinate with domestic authorities– Abide by humanitarian principles

• Humanity, neutrality and impartiality

• To the greatest extent practicable, they:

– Meet int’l quality standards– Coordinate with other actors– Involve beneficiaries– Use fully trained personnel– Build on local capacities– Ensure transparency

The IDRL Guidelines’ standards

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

IFRC/NS technical assistance projects

• In Follow-up: Cambodia, Indonesia, Laos, Sierra Leone, Vietnam

• Underway: Colombia, Haiti, Kazakhstan, Nepal, Peru, Uganda, Vanuatu

• Starting: Mongolia, Mozambique, Namibia, Pakistan, Tajikistan

• Under discussion: Argentina, Cape Verde, Dominican Republic, El Salvador, Kiribati, Philippines, Solomon Islands

Not just an issue for developing countries!

• IDRL EU Study: EU law, Austria, Bulgaria, France, Germany, The Netherlands, United Kingdom

• “Host Nation Support”: Belgian Presidency, Nordic states

• Australia study

• Under development: Canada, Ireland, Spain, USA

Capacity building and partnerships

• Training– 7 regional workshops– Training for UN officials– Short course for governments– Online module (available in November)

• Partnerships: – UN, World Customs Organization, Inter-

Parliamentary Union– ASEAN, OAS, SADC, SOPAC, ECOWAS

Examples of use of the IDRL Guidelines

New laws/rules adopted• Indonesia• New Zealand• Panama• Philippines• Norway

New SOPs/Guidance• ASEAN• CAPRADE• NATO

Other upcoming products

• Legislative advocacy manual (Nov. 2010)

• Model law on IDRL (Mid-2011)

• DRR law study (Early 2011)

• Checklist on DRR law (Mid 2011)

New report: case studies on disaster law in Asia

1. Indonesia - IDRL

2. Philippines - Law of disaster risk reduction

3. Sri Lanka – Reducing legal barriers to post-disaster shelter solutions

What next?

• We would like to cooperate with more of you on promoting IDRL!

• We would like to see EU institutions encouraging states to work with their NSs to examine their legal preparedness

• At our next International Conference, in 2011, states will be invited to report on their progress on IDRL

For more information

• IDRL website:

– www.ifrc.org/idrl– Electronic versions of

all publications– Legal database– Bi-monthly newsletter– Weekly news service– Contact: idrl@ifrc.org