Claudia S. de Windt Michelle-Ann C. WilliamsSenior Legal Specialist and Section Chief Legal Specialist

Environmental Law Policy and Good Governance

Department of Sustainable Development

The Caribbean Emergency Legislation Project CELP

Presented byPablo Gonzalez, Geodetic-geophysic Engineer, M.A., M.Sc.Principal Disaster Risk Management Specialist and Section ChiefDisaster Risk Management and Adaptation to Climate Change, RISK-MACC

Department of Sustainable Development

Introduction: Rationale for the Project Project Objective and Scope Methodological Approach Findings and Outcomes Lessons Learned and Recommendations The Inter-American System Final Considerations

Introduction: Rationale for the Project Project Objective and Scope Methodological Approach Findings and Outcomes Lessons Learned and Recommendations The Inter-American System Final Considerations

Table of Content

Introduction: Rationale

Exposure to Natural Hazards of high frequency occurrence –hurricanes, floods and landslides …

Limited Response Capabilities under Stress by Cumulative Impacts –in terms of institutional, human and financial resources …

Exposure to Natural Hazards of high frequency occurrence –hurricanes, floods and landslides …

Limited Response Capabilities under Stress by Cumulative Impacts –in terms of institutional, human and financial resources …

Conscious of the need to more strategically prepare for disasters … ensure the adequacy of resources and promote disaster loss reduction.

Adapted from an Address by Hon. Freundel Stuart Q.C., M.P., Acting Prime Minister and Minister of Finance, Investment, Telecommunications and Energy and Minister of Home Affairs at the opening of the XIX Meeting of

the Board of Directors of CDERA, May 13 2009.

Constitutional and Statutory Instruments of direct or immediate application to State of Emergency and Disaster Management.

Enhancement of executive powers in the aftermath of a disaster, ensuring transparency and accountability in the use of public funds.

Project Objective and Scope

Examine the current legal and institutional frameworks pertaining to State of Emergency, and Budget Appropriation and Execution with regard to Disasters.

Draw recommendations aiming at enhancing legal and institutional frameworks for state of emergency and appropriation in the participating countries.

Examine the current legal and institutional frameworks pertaining to State of Emergency, and Budget Appropriation and Execution with regard to Disasters.

Draw recommendations aiming at enhancing legal and institutional frameworks for state of emergency and appropriation in the participating countries.

Antigua and BarbudaBarbadosBelizeDominicaDominican RepublicGrenadaHaitiJamaicaSaint Kitts and NevisSaint LuciaSaint Vincent and GrenadineTrinidad & Tobago

Civil Law Jurisdiction: unbound by precedent, holds legislation as the primary source of law.

Common Law Jurisdiction: case law or precedent.

Project Objective and Scope (cont...)

Inventory of laws and institutions pertaining to state of emergency and budget appropriation, and Country Assessments and Legal Mapping;

Constitutional and Statutory Instruments, including: Quarantine Acts, Public Health Acts, Physical Planning and Development Control Acts, Waste Management Acts and Housing and Agriculture Acts.

Methodological Approach

Comparison with selected countries around the world; and Drawing Best Practices and Recommendations.

Benchmarked jurisdictions and institutions in the following operational and legislative areas: Declarations of State of Emergency;Funding, Infrastructure & Investment;International Aid, Relief & Recovery Efforts;National Security;Health; andCommunication Systems.

Methodological Approach (cont…)

Desk Research: reports and documents; Consultations with government officials; In-country workshops, in Grenada and Jamaica; and Regional Workshop.

Methodological Approach (cont…)

Inadequate Financial resources available for Disaster Prevention and Mitigation, and Emergency Response;

Weak Disaster Management and Response Infrastructure: scarce personnel and poor inter-institutional coordination;

Lack of consistency and clarity in the vesting of responsibility for declaring States of Emergency; and

Lack of clarity on the distribution of roles and responsibilities among all participating agencies.

Main Findings

Lack of information at local level –particularly related to hazards such as floods and landslides, and vulnerable groups (pregnant women, elders and toddlers, disables, etc.); and

Absence of building codes and standards, and training programs for self-constructors.

Other Findings

CELP PROFILEBarbados

Constitution of Barbados, 1996 Emergency Powers Act, Cap. 161 Disaster Management Act, 2006 Prevention of Floods Act, Cap. 235 Draft Barbados National Building Code (1193 Edition)

Legal Framework

CELP PROFILEBarbados

Department of Emergency Management (DEMA)Promote advance disaster management at all levels; andPromote the development and maintenance of effective warning, response and recovery

Institutional Framework

Budget Appropriation and ExecutionFrom the Consolidated Fund are voted by the Parliament and support DEMA’s operation.

CELP PROFILEBarbados

SpecificReview and update the provisions of the Disaster Management Act (2006) to consider emerging issues (i.e. CC Policy and Adaptation Plan)Incorporate the Draft Building Code into Law

Recommendations

CELP PROFILEBarbados

GeneralEstablish adequate legislative authority for disaster managementEnhance Risk Management and Insurance CoverageUpdate National Emergency Plans and ProceduresStrengthen Community CommitteesImprove Capability of disaster and emergency personnel …

Recommendations (cont…)

Legislative instruments need to be revised to address conflicts and establish transparent procedures;

National Disaster Management and Emergency Response funds need to be established;

Procedures and guidelines that ensure accountability, efficiency and effectiveness, and discourage waste must be a priority; and

Local capacity must be increased and integrated into national disaster management and emergency response governance.

Lessons Learned. Recommendations

Physical and Economic Integration beyond CARICOM’s border; Implementation of an Integral Approach to Disaster Risk

Reduction: Creation of a ‘Zar’ Agency (GAR 2011); Adaptation to Climate Change vs. Disaster Prevention and

Mitigation, and Emergency Preparedness.

Emerging Challenges

The Inter-American System: From Response to Risk Reduction

Inter-American Network for Disaster Mitigation (INDM)AG/Res. 2314 (XXXVII-O/07)

Inter-American Strategic Plan for Policy on Vulnerability Reduction, Risk Management and Disaster Response (IASP)AG/Res.1955 (XXXIII-O/03)

Inter-American Committee on Natural Disaster Reduction (IACNDR)AG/Res. 1682 (XXIX-O/99)

Inter-American Convention to Facilitate Disaster AssistanceSantiago, Chile, June 7, 1991

(AG XXI-O/91)

Inter-American Emergency Aid Fund (FONDEM)Res. VIII, Second Special Inter-American Conference of the OAS

1965 1991 1999 2003 2007

1977: the Secretary General of the OAS signed an agreement with the United Na-tions Disaster Relief Coordinator concerning the coordination of disaster relief in the Americas.

1977: the Secretary General of the OAS signed an agreement with the United Na-tions Disaster Relief Coordinator concerning the coordination of disaster relief in the Americas.

The Inter-American System: From Response to Risk Reduction (cont…)

Five (5) Rartifications:Panama (06/14/95)Peru (08/26/96)Uruguay (10/12/99)Dominican Republic (03/25/09)Nicaragua (08/06/10)

Requests for and offers and acceptance of assistance National Coordinating AuthorityNational Coordinating Authority Direction and control of assistance Transport vehicles, equipment and supplies Access and transit routes [considerations for transit states] Assistance personnel –Immigration and Protection [… shall not be subject to the criminal, civil or administrative jurisdiction of the

assisted state for acts connected with the provision of assistance.…] Restricted areas and Risk Costs Claims and Compensation Governmental and non-governmental organizations

Inter-American Convention to Facilitate Disaster AssistanceSantiago, Chile, June 7, 1991 (AG XXI-O/91)

Adopted in 1991, went into effect in 1996 with the second ratification

(*) Colombia signed on October 8th of 1992.

Other Instruments and Frameworks OAS General Assembly and Permanent Council: Resolutions

[AG/Res. 2647 (XLI-O/11); AG/Res. 2610 (XL-O/10); AG/Res. 2492 (XXXIX-O/09);

AG/Res. 2314 (XXXVII-O/07)); AG/Res. 2182 (XXXVI-O/06); AG/Res. 2184 (XXXVI-O/06)]

Inter-American Committee on Hemispheric Security (CSH) Inter-American Council for Integral Development (CIDI) Committee on Inter-American Summits Management and Civil

Society Participation in OAS Activities (CISC)/ Summit Implementation Review Group (SIRG)

Inter-American Program for Sustainable Development (PIDS) – Santa Cruz (1996), Santa Cruz +10 (2006) and Santo Domingo (2010)

Other Instruments and Frameworks Conference of Defense Ministers of the Americas - CMDA

IX CDMA: Declaration of Santa Cruz de la Sierra, Bolivia – November 2010http://cdmamericas.org/PublicPages/Santa_Cruz_declarac_eng.aspx

‘14. The valuable contribution that the defense sector and armed forces can provide in terms of specific support in response to natural and manmade disasters in coordination with national and international humanitarian organizations and security agencies for protection and civil defense, as part of an integral response to such disasters.

15. Their support for ongoing international, regional and sub-regional initiatives, in order to strengthen the coordination, capacities, and hemispheric cooperation in the area of natural disaster response…’

Other Instruments and Frameworks Centro de Coordinación para la Prevención de los Desastres

Naturales en América Central (CEPREDENAC), 1993“Regional Mutual Disaster Assistance Mechanism,” approved by the Central American Security Committee on April 4th 2001 and made up of: (1) a Regional Plan for Disaster Reduction – PRRD; (2) a Coordinated Cooperation Mechanism for Disaster Response; and (3) a Regional Disaster Standard Procedure Manual for Foreign Affairs Offices, which establishes the Coordinating Centers for Humanitarian Assistance (CCAH) as the support unit to the Centers for Emergency Operation (COE) for Humanitarian Assistance.

Caribbean Disaster Emergency Management Agency (CDEMA), former Caribbean Disaster Emergency Response Agency (CDERA)Among its functions is ‘(i) mobilizing and coordinating disaster relief, (ii) providing immediate and coordinated response by means of emergency disaster relief, and (iii) securing, coordinating and providing reliable and comprehensive information on disasters affecting any Participating State.’

Legal Status of organizations Rating and Liability: Minimum Standards –RC, Sphere Project Assistance Personnel: Qualifications and Certifications, and Special

Immigrations Provisions Imports of relief goods and equipment [temporary import thru transit states]

Increasing knowledge of international law –treaties and conventions, soft-law, operational guidelines and protocols

Final Considerations

Legal Challenges for International Assistance

Building Capacity for Rapid Self-needs Assessments Building Capacity for Disaster Response and Emergency

Management –from local to national level Identification of Vital Government Functions and Critical

Resources: Redundancy, Information and Decision-making Flow Increasing Knowledge on International Assistance Organizations:

Registry and Quality Assurance (QA) and Quality Control (QC)

Final Considerations

Governance and Coordination

Claudia S. de WindtSenior Legal Specialist and Section ChiefEnvironmental Law Policy and Good Governance

cdewindt@oas.org

Pablo GonzalezPrincipal Disaster Risk Management Specialist and Section ChiefDisaster Risk Management and Adaptation to Climate Change, RISK-MACC

pgonzalez@oas.org

The Caribbean Emergency Legislation Project CELP (www.oas.org/dsd)