Key Regulatory Issues In International Disaster Response In The Caribbean

1. 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

2. Introduction • About CDEMA • 1996 Legislation • 2010 Legislation • Issues, Needs, Successes

3. 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

5. Caribbean Disaster Emergency Management Agency 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

6. CARIBBEAN ENVIRONMENTAND SOCIETY

7. E X P E R I E N C E S

8. 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

9. 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

10. CDM Framework 2007-2012 - OUTCOMES • 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

12. 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

13. BENEFITS OF THE CDM APPROACH 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

14. OVERVIEW OF THE ACTIVITIES AND POLICIES OF THE ORGANIZATION HIGH LEVEL POLICY AWARENESS Dedicated facilities and staff organisations RRM ARCHITECTURE

15. 2010 Model CDM Legislation and Regulations 1996 Model Disaster Legislation CDM Strategy 2001 Legislation and Regulation Enhancement CDM Strategy 2006 RBM

16. 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.

17. 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.

18. 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;

19. 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

20. 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.

21. CDEMA Model Comprehensive Disaster Management Legislation and Regulations (2010) ISDR 2000

22. 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

23. 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)

24. 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)

25. 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 .

26. 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

27. 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

28. 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

29. 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

30. 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)

31. 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)

32. 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

33. 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

34. CDEMA Legislation Tracker - Login Secure online access Login screen for this administrative interface is available at http://www.cdematracker.org/admin

35. Disaster Legislation Archiving System Disaster Legislation archiving  Legislation can be uploaded

36. 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

37. 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.

38. 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

39. 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

40. 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

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

42. 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.

43. Legislation in Action CARILEC linesman from Barbados, up high in Bahamas

44. Legislation in Action CARICOM Contingent in Haiti

45. 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