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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 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 International Agencies Council of Ministers National Governments Management Committee of Council Technical Advisory Committee Regional Agencies Coordinating Unit National Disaster Offices Executive Director Deputy CDEMA CU Staff 5 CARIBBEAN ENVIRONMENT AND SOCIETY 6 E X P E R I E N C E S 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 Recovery and general population in hazard prone Rehabilitation areas Involves risk reduction and management Integrates vulnerability assessment into the development planning process Mitigation and Prevention Preparedness Response COMPREHENSIVE DISASTER MANAGEMENT STRATEGY AND FRAMEWORK 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 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: OUTCOME 2: OUTCOME 3: OUTCOME 4: Enhanced institutional support for CDM Program implementation at national and regional levels An effective mechanism and programme for management of comprehensive disaster management knowledge has been established Comprehensive Disaster Management has been mainstreamed at national levels and incorporated into key sectors of national economies (including tourism, health and agriculture) 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 gendersensitive 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 2.5 A Strategy and curriculum for building a culture of safety is established in the region 1.6 Capacity for monitoring, evaluation and reporting is built 4.5 Early Warning Systems for disaster risk reduction enhanced at the community and national levels WHAT IS CDM? 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 Emphasizes natural hazard risk reduction Promotes a “culture of safety” Recognizes that strengthening disaster preparedness for better response is critical Encourages strategic partner alliances 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 HIGH LEVEL POLICY AWARENESS Dedicated facilities and staff organisations RRM ARCHITECTURE Structured and Packaged Hazard Information, Education, Awareness Comprehensive Multi-Hazard Risk Reduction Programmes Available Tools and Emerging Standards 1996 Model Disaster Legislation 2010 Model CDM Legislation and Regulations Legislation and Regulation Enhancement CDM Strategy 2001 CDM Strategy 2006 RBM 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 intergovernmental 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.cdema tracker.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 Key Regulatory Issues in international disaster response in the Caribbean Caribbean Disaster Emergency Management Agency Building #1, Manor Lodge Lodge Hill, Saint Michael, Barbados Tel No: (246) 425-0386 www.cdema.org