Post on 27-Mar-2015
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