DRAFT Workshop Report - OAS · 2010-07-30 · DRAFT Workshop Report Introduction In the context of...

of 39

Caribbean Emergency Legislation Project

National Workshop

Flamboyant Hotel and Villas

Bougainvillea Conference Room

St. George’s, Grenada

March 22, 2010

9:00 a.m. – 4:30 p.m.

DRAFT Workshop Report

Introduction

In the context of the Caribbean Emergency Legislation Project (CELP), the Department of

Sustainable Development conducted the first of two national workshops in Grenada. The

objective of the workshop was to share project findings and experiences at the national level

regarding disaster and emergency management. Moreover, the workshop aimed at establishing

a dialogue on best practices that would be applicable to the disaster legislation in Grenada and

the Caribbean.

Opening remarks and General overview of the workshop

Mr. Terence Craig, OAS Representative, welcomed the workshop’s participants and briefly

highlighted OAS initiatives in the area of disaster management. Following Mr. Craig, Mr.

Timothy N.J. Antoine, Permanent Secretary in the Ministry of Finance, Planning, Economy,

Energy and Cooperatives, provided the main opening remarks.

Mr. Antoine pointed out the importance of convening the workshop, and went on to mention

the region’s dependency on tourism and its vulnerability to natural disaster. He noted that it

was necessary to minimize vulnerability and increase resilience. Mr. Antoine emphasized that

national development demands a comprehensive approach to disaster management, which

of 39

could be furthered by such joint initiatives as those taken by conducting Workshop. Moreover,

he pointed to immediate concerns such as the fact that Grenada was experiencing a drought,

and that proper preparation was required for the 2010 hurricane season. Mr. Antoine also

shared some lessons learnt regarding the management of national disasters from other nations

such as Chile and Cuba. Thus he indicated the importance of establishing a curfew to prevent

looting; the need for the Police Force to act promptly and appropriately, and for the

establishment of clear rules before the occurrence of the disaster. Furthermore, he pointed to

the need to submit a National Report on National Disaster Management to Parliament on an

annual basis.

Following Mr. Antoine, Ms. Michelle-Ann C. Williams, Legal Specialist, OAS-DSD, highlighted the

objective of the project and the need for a comprehensive approach to disaster management.

Ms. Williams offered an overview of key issues in disaster legislation and the CELP, and then

introduced the presenters. She concluded by stating that the expected main output of the

discussions would be a set of recommendations for the implementation of clear and

transparent procedures before, during and immediately after the occurrence of a natural

disaster.

During the course of the one day workshop, approximately forty participants representing

various stakeholders from the Government of Grenada, including the National Disaster

Management Agency, local NGOs as well as consultants and representatives from the insurance

sector (see Annex 1 – Participant List) discussed the objectives and national developments to

date on issues addressed by the CELP: legal and institutional framework concerning the

declaration of a state of emergency or disaster; how the government budgets and appropriates

for natural disasters; transparency and accountability; and best practices.

Key experts from the: National Disaster Management Agency (NaDMA), Ministry of Finance,

Grenada Red Cross Society, insurance sector, as well as consultants and researchers shared

national experiences on the abovementioned issues. The presentations were then followed by

working group sessions in which each group addressed one of the following overarching topics:

Legal and Institutional Framework, Financial Mechanisms, and Transparency and Accountability

of 39

(including Best Practices). The conclusions and recommendations of the working groups were

then presented to the plenary for discussion and final recommendations. The following sections

of this report will discuss each of the issues as they were presented and discussed by the

working groups.

Issue 1: Legal and Institutional Framework

Presentation: State of Emergency, Budget Appropriation, Execution and Accountability: Key

Challenges in Grenada’s Legal and Institutional Framework

Presenter: Judy Daniel, OAS-DSD consultant

The main legal instruments pertaining disaster and emergency management in Grenada are the

National Constitution, the Statutory Rules and Orders (SR&O) No. 20 of 2004; and the

Emergency Powers Act Cap 3 of the 1990 Revised Laws of Grenada. These instruments

indicated that: (1) the Governor-General has the power to declare a State of Emergency on the

advice of Cabinet and (2) the Prime Minister has the power to make a disaster declaration. An

important aspect of this construction is the high level of coordination required between the

two high authorities for streamlining actions and preventing anarchy. The National Disaster

Management Agency (NaDMA), a department in the Office of the Prime Minister, is the lead

agency with responsibility for coordinating disaster management and response. Various

Ministries and departments of Finance, Health, Works, Legal Affairs and Education are

responsible for the design of their own institutional disaster management plan.

Despite the great effort placed on disaster management, more attention should be given to the

pre-disaster period. This would redirect the focus from recovery to preparedness. So for

example, emphasis should be placed on the enforcement of the CARICOM Building Code.

Further, NaDMA’s budget of XCD165,000.00 for 2010 would not be enough for proper

execution of its tasks and may require an increase.

The presentation concluded with the following recommendations on legal and institutional

issues:

of 39

• Amend the law to give powers to the Governor-General to declare a State of

Emergency without Parliamentary approval

• Specify clearly the instances when declarations should be made

• Broaden the definition of disaster

• DRAFT a comprehensive disaster management legislation

• Establish cooperation arrangements among CARICOM countries on leadership

matters during disasters as a pro-active measure against a leadership vacuum and

provide an option to maintain transitional leadership.

Presentation: National experiences: National Disaster Management Agency

Presenter: Benedict Peters, National Disaster Coordinator, National Disaster Management

Agency

The presentation began by highlighting the vision and mission of NaDMA, which includes

increasing the national population’s understanding of and participation in the risk reduction

process. The mission, more specifically, is to develop a culture of Disaster Risk Reduction among

all sectors of the islands’ society. The organizational structure of NaDMA was also discussed in

addition to initial actions in the case of an emergency, and the composition of the various

committees.

The key challenges faced by NaDMA are: budget constraints and delays in the enactment of the

National Disaster Draft Laws; and the weak relationships between stakeholders and national

committees, as well as between district and community level committees. The presenter

endorsed the recommendation made by the Permanent Secretary of Finance, Planning,

Economy & Energy and Cooperatives regarding the submission of an annual report to

Parliament. It was reiterated that NaDMA’s strength was at the grassroots and community level

and that an initiative has been undertaken to deepen the relationship with them. Further, it

was noted that educational programmes, based on the disaster preparedness approach for

schools, and media programmes, have helped citizens understand the NaDMA’s role.

Presentation: National experiences: The Grenada Red Cross Society

of 39

Presenter: Samantha Roberts

The presenter emphasized that the Grenada Red Cross Society (GRCS)1 was an important

stakeholder in emergency situations and advised that the guiding principle was humanity.

Although the GRCS’ aim is to prevent disaster, in case of a disaster, the goal becomes to work

towards a state of normalcy in a short period of time. It terms of disaster response, a regional

tem is deployed hours before the disaster occurs, and once a state of emergency is declared,

300,000 Swiss francs becomes available for relief efforts. Further, the GRCS has been given a

role in the Local Response System and in NaDMA’s Draft Emergency Plan.

The GRCS’ strengths include: real time experience from hurricanes Ivan & Emily, increased

visibility and dependability, external partners (government, media, IFRC) and a national

coordinating mechanism. These strengths give the GRCS significant credibility. The GRCS also

receives monetary support from the government of Grenada to pay the salary of one staff

member.

Among its major weaknesses and challenges are: competition from ad hoc groups (post –

disaster situation), resulting in the need for laws to set boundaries; lack of funding (government

subvention of XCD2,000.00 is not sufficient); loss of staff and volunteers; unclear roles and

responsibilities in the areas of coordination and implementation; the receipt of unsolicited

goods, as well as the need to replace stock 6 months before their expiration.

After the presentations, the working group on Legal and Institutional Issues, under the

guidance of group leader Mr. Teni Housty considered, inter alia, the following questions, in

their discussion

• What are the factors contributing to delay in adopting legislative amendments?

• What are the critical legislative deficiencies in the Caribbean?

• Are the institutional frameworks being used in the Caribbean sufficient to meet disaster

management requirements?

1 The GRCS has a trained staff of five, and four trained volunteers.

of 39

• How can the institutional structure be reformed to better accommodate the current

circumstances with respect to disaster management?

The following recommendations were then offered by the working group and plenary:

• It was noted that there were areas where relevant laws were non-existent and that

political will was required for the enactment of emergency legislation. In cases where

the law does exist, it was recommended that the ‘source of the law’ should be

considered before an amendment is adopted.

• It was mentioned that lack of knowledge of the legislative process and a clear policy

framework were critical deficiencies.

• A reform of the institutional structure could be only successful if a legislative framework

for NaDMA is adopted.

• Implement legislation and other mechanisms to deter post-disaster challenges such as:

looting, price gauging, inflated labour costs in the construction sector, uncertified

constructors preparing estimates for rebuilding of residences, and an influx of foreign

construction workers.

• The powers of the Prime Minister should be further defined – not only to announce that

a national disaster has occurred but also to announce penalties for illegal conduct of

corporate and individual citizens.

• Clarify the law on the compulsory use of property, such as certain buildings (e.g.

churches) being used as shelters. The question arose as whom is liable when someone is

injured in, for example, a church building officially designated as a shelter – the

government or the church?

• Address the seeming conflict between the powers of the Prime Minister and the

Governor-General with respect to the declaration of State of Emergency. It was noted

that the Prime Minister could only declare that a national disaster has occurred and that

the Governor-General has the powers to declare a State of Emergency on the advice of

Cabinet. Conflict would only arise if the Prime Minister and the Governor-General ‘are

not on the same page’ which was considered as highly unlikely.

of 39

• Legislate the role of the Grenada Red Cross Society for both pre- and post disaster

situations

• Provide continuous training for community volunteers and conduct simulation exercises

in schools and communities.

• Clearly define relief goods

• Allocate more funding for disaster management

• Clarify and define functions of the GRCS and ad-hoc organizations.

• Consider the needs of citizens in response teams and their families. While these persons

are in the field assisting others, there are no mechanisms in place to assist them and

their families.

Issue 2: Financial Mechanisms

Presentation: How the Government of Grenada budgets and appropriates for natural disasters

Presenter: Kerry Pierre, Budget Officer, Ministry of Finance, Planning, Economy & Energy and

Cooperatives

The presenter began by addressing the legal framework for budget appropriation and current

practice in Grenada. Section 77 of the Constitution provides for the presentation of Estimates

of Revenue and Expenditure and the approval of an Appropriation Act every year. Also, Section

33 of Public Finance Management Act no. 27 of 2007 provides for a Contingencies Fund into

which Parliament can appropriate funds. The Ministry of Finance may make advances from this

Fund for urgent and unforeseen needs via a contingencies warrant (there is currently no

allocation to this Fund). A Supplementary Appropriation Bill is required for all advances from

the Contingencies Fund.

Therefore, in terms of procedure when a natural disaster occurs, damage assessments are

undertaken first. Secondly, a special warrant is approved for the required ministries and

departments, such as Works and NaDMA, and a supplementary appropriation is then approved

by Parliament. It was noted that a special Bank Account has established to receive grants and

other contributions (donors, residents, etc.). After Hurricane Ivan, the Hurricane Ivan Relief

Fund was established by the Accountant General. Parliament approved the establishment of a

of 39

Reconstruction and Development Fund, and an Agency for Reconstruction and Development

(ARD) with a 5 year mandate. It also approved the National Reconstruction Levy (NRL - used for

agriculture, education and youth development). Periodic reports were sent to Parliament on

the state of the funds and use of proceeds. The ARD closed in October 2007 because external

funding was exhausted. The NRL was repealed from January 2009 (after 3 years).

The presenter raised the question of whether the Contingencies Fund or a portion thereof

should be earmarked for natural disasters, and if yes, how much. An amount of 1% of the total

budget was suggested as an option. The presenter also acknowledged that budget

appropriation for mitigation was insufficient but stated that ‘their hands were tied’ in a

situation where the demand on scarce resources is high. Regarding the allocation process, the

opportunity cost of appropriations must also be considered.

Presentation: Financing Strategies for Disaster Risk Management in the Caribbean

Presenter: Jason Alexander, Senior Researcher, Cipriani College of Labour and Co-operative

Studies

The presenter discussed financing strategies for disaster risk management before (ex ante) and

after (post ante) disasters occurs in the Caribbean. The link between the two approaches of

financing was examined. It was highlighted that there were either no or limited funds directly

allocated for disasters and disaster prevention, and that there were no national building codes.

The presentation indicated that reliance on ex-post financing strategy had adverse

consequences, namely the: slow release of funds, need to mobilize an aid-negotiating team

with donors, possible misuse of funds (politics), possible diversion of funds for other major

disasters by donors, and emergency loans compounded existing fiscal and balance of payments

imbalances.

Reference to Hurricane Ivan Experience in Grenada (September 2004) was made and it was

urged that Caribbean governments should establish substantial national funds for disaster

management and emergency response, and that these funds should be supported by

procedures that ensure impartiality.

of 39

The presenter also mentioned a World Bank Report which stated that less than 1% of houses in

the region were insured against natural disaster. A simulation of investment in structural

mitigation, using 1990 as base year2, was demonstrated. Assuming that a $1.00 investment

would save $2.00, a scenario was presented that if US$1m was invested per year, the resource

gap existing after Hurricane Ivan could be reduced.

An overview of ex-ante and ex-post strategies were given as follows:

Ex-ante strategies :

• Catastrophe finance

• Insurance

• Investments in mitigation

• Catastrophe bonds

• Contingent credit

• Weather derivatives

• Catastrophe Surplus Notes

• Catastrophe Swaps

• Catastrophe Equity

• Exchange Trade Catastrophe

Ex-post strategies:

• Loan Diversions

• Central Bank Loans

• Budget Re-allocation

• Taxation

• International Aid

• External Debt

The following conclusions were then presented:

• Formulate and adopt pro-active financing strategies - provision of funds in the pre-

disaster period - to minimize losses in the post-disaster period;

2 1990 was declared as the International Year for Disaster Risk Reduction

of 39

• Establish other national instruments to complement the Caribbean Catastrophe Risk

Insurance Facility (CCRIF) such as the issuance of Catastrophe Bonds (even though they

have high transaction costs);

• Provide innovative fiscal incentives that will encourage economic actors to invest in

structural mitigation (e.g. tax breaks for solar panels in Barbados)

• Widen the definition of disasters to include hurricane, earthquake and windstorms.

• Any dialogue on financing strategy should begin with ex-ante financing strategies, and

poor and marginalized communities should be targeted since disasters could perpetuate

poverty.

Presentation: Insurance as a disaster risk reduction tool

Presenter: Molly Roberts, Branch Manager, Beacon Insurance Company Limited, and President,

Association of Grenada Insurance Companies

The presenter began by indicating that Hurricane Ivan was undoubtedly Grenada’s largest

disaster in modern times. Many homes were grossly under-insured or not insured at the time;

thus homes many could not be rebuilt, and for those that could be, it was clear that

reconstruction could not be similar to pre-Ivan construction and occupancy.

The following categories of risks that could be covered by insurance were discussed:

1) Private and Commercial Properties (building, contents, equipments, machinery, etc.)

2) Motor vehicles

3) Business Interruption (Loss of income is offered with property coverage)

4) Marine (Hull and Cargo)

5) Stock (Retail)

6) Life

7) Health

8) Livestock

It was emphasized that a lack of insurance by individuals or businesses could impose a huge

burden on government such as: increased cost on public health facilities, increased demand for

social benefits when the main financial provider incurs loss that could not be cushioned by

of 39

insurance benefits; and loss of jobs when businesses can no longer service fixed costs and

wages therefore leading to increased unemployment.

Caribbean governments were commended for the establishment of the Caribbean Catastrophe

Risk Insurance Facility (CCRIF) under the guidance of the World Bank and it was noted to date

the facility had paid out millions of dollars with Haiti being the latest beneficiary3. The

presentation was concluded by reiterating that although insurance was just one of many

disaster risk reduction tools, it was the most popular and the most effective.

After the presentations, the working group on Financial Mechanisms, under the guidance of

group leader Mr. Jason Alexander, considered, inter alia, the following questions in their

discussion

1. Identify and list the funding sources available for disaster management?

2. What are the best mechanisms for sustainable disaster funding?

3. How can donor funding be converted into sustainable disaster funding?

4. How can the private sector in the Caribbean contribute/share the costs of disaster

funding?

They also considered cross-cutting issues such as:

• Barriers to accessing funds from different donor agencies.

• Capacity to access funding, as many times money allocated to Grenada has been

returned to the donor agency. Thus the question arose as to what can be done to

minimize the return of funds.

• There are multiple requirements for obtaining funding from different agencies

• Caribbean Government Agencies, NGOs, CBOs and others lack the requisite knowledge

for the development of effective proposals for accessing disaster funds or developing

suitable projects to attract funding;

• Complicated and lengthy grant proposal processes (including proposal writing); and

3 For the June 12, 2010 earthquake Haiti received a $7.75 million payment from the CCRIF.

of 39

• Caribbean Government Agencies, NGOs, CBOs and other organisations often have

limited/no capacity or human resources to undertake proposal writing for disaster

grants and funding.

• Identifying the OAS’ approach to channeling funds for assistance to mitigate disasters

either through the government or direct arrangements with the organizations


• Potential funding sources should be identified such as the: Organisation of American

States (OAS); Canadian International Development Agency (CIDA) - Disaster Risk

Management Program; Caribbean Development Bank (CDB) - Basic Needs Trust Fund

(BNTF); United States Agency for International Development (USAID); European Union

(EU); Global Environment Facility (GEF); World Bank; Caribbean Disaster Emergency

Management Agency (CEDEMA); Caribbean Community (CARICOM); Insurance

Companies.

• Approach donor organization as a region through CDEMA instead of bilateral

arrangements. This was deemed the best mechanism for sustainable disaster funding,

the recommendation was to.

• Convert donor funds into sustainable disaster funds by:

∗ Utilizing donor funds in the pre-disaster period to reduce disaster vulnerability via

structural mitigation measures and other ex ante financing strategies; and

∗ Utilizing donor funds for educational purposes involving youth and vulnerable

communities e.g. printing pamphlets, distributing, conducting seminars in schools.

• Share the cost of disaster funding by, inter alia, engaging the private sector and

appealing to corporate stewardship by inviting them to participate in projects at the

community level; or propose that they reserve interest earned on large deposits or

profits for disaster mitigation/management projects. Further recommendations include:

∗ Partner with Government Agencies, NGOs, Community Based Organizations (CBOs)

and others that are involved in disaster risk reduction activities/projects;

∗ Fund projects to reduce the vulnerability to natural disasters in the communities

within which they operate; and

of 39

∗ Reserve a principal sum of money and make the accrued interest available for

disaster reduction projects/activities whilst retaining the initial principal.

• Donor agencies should try to harmonize the requirements for accessing disaster funding

and proposal writing. In the event that this cannot be accomplished, donor Agencies

should educate individuals in Caribbean Government Agencies and especially those in

NGOs, CBOs etc. on (1) the availability of disaster funding; (2) requisite methods and

processes for obtaining disaster funding; and (3) the methodologies for

developing/writing effective proposals; and

• Donor Agencies should simplify the complicated processes and bureaucratic activities

involved in the proposal writing and processing stages of accessing disaster funding.

• Caribbean Government Agencies, NGOs, CBOs and other organizations should market

their strengths (knowledge of the local context, etc.) and reach4, to clearly show

external donor agencies what they bring to the negotiating table.

• Civil society organizations should share with other stakeholders, successful lessons on

accessing funding from agencies

• CBOs should be informed when assistance is made available for the country and

workshops should be held to build the institutional capacity of CBOs to ensure

understanding of the procedures and guidelines for applications.

• The OAS could assist governments as part of their mandate in securing funds from

external donor agencies. Also, it was deemed more important to formulate programmes

instead of ad hoc projects.

• It was clarified that the Ministry of Finance has established two Grant Fund Accounts to

ensure that funds would not be deposited in the Consolidated Fund.

Issue 3: Best Practices, Transparency and Accountability

Presentation: Identification of Best Practices

Presenter: Teni Housty, OAS-DSD Consultant

4 Reach includes the ability to target disaster funding to seriously affected communities when seeking external

donor assistance.

of 39

The presenter informed the participants that the goal was to identify best practices with

respect to disaster mechanisms globally, based on similarity in experience and structures, new

and responsive laws, and accessibility to information. Seven categories of best practices, were

identified:

1. Declarations

2. Funding, Infrastructure and Budgetary Appropriation

3. International Aid

4. National Security

5. Health

6. Communications; and

7. Additional

These were taken from 45 cases from all over the world5. The following are examples of best

practices under these categories

Declarations

• Countries should not be tied to specific labels of disasters or emergencies. Whichever

term is utilized in legislation, the specifics of the events that are intended to be

encompassed by the definition should be provided;

• Emphasis should be placed on the impacts, causes and results of the particular activities

which constitute disasters;

• Categories of natural and man-made disasters should be maintained, combined with the

impacts, causes and results, holistic definitions can be developed; and

• Emphasis should be placed on threats of disasters and threats of emergencies in

definitions. This emphasis will allow for effective pre-emptive action to be taken to

address disasters and emergencies before they occur.

The procedures of the declarations should be as follows:

� The authority to make the necessary declarations should be clearly spelt out in

legislation;

5 Africa – The Gambia and South Africa ; the Pacific – The Marshall Islands, Australia, Fiji, Micronesia and Vanuatu;

Asia – Singapore, India, Indonesia and the Phillipines; Americas – United States of America, Canada, and Colombia.

of 39

� Provisions requiring acting on advice and recommendations support accountability, and

reduces arbitrariness in the exercise of powers and prohibits abuse;

� The declaration should be in writing with as many particulars and specifics as are

necessary to address the specific situation; and

� Provisions should be made for the declaration to be communicated to the widest

possible audience within the shortest period of time.

� Flexibility should be provided regarding the duration of the declaration having regard to

the actual circumstances which originally caused the declaration to be made.

In relation to powers and responsibilities, declarations should:

� Be specific regarding the powers to be exercised and the person or agency exercising

those powers;

� Clearly identify powers which have been suspended or varied should; and

� Clearly express powers of coordination in the instrument used to initiate the

declaration.

He also pointed out that where in existence, the preservation of regulation-making powers in a

declaration is essential for the effective introduction of supporting and enabling measures and

needs to be introduced where absent.

Funding, Infrastructure and Budgetary Appropriation

• Should include dedicated annual and recurring funds;

� Must be established as a supplementary or contingency source of funding that can be

accessed when primary funds for disaster recovery and rehabilitation are exhausted or

disaster exceeds a certain magnitude;

� Allocation of funds must be made based on a realistic risk assessment of future disaster

costs;

� Include disaster funds that are supported by procedures and guidelines that ensure

impartiality, accountability, efficiency and discourage waste and moral hazard;

� Include a disaster funding mechanism allowing for pooling of risk between public and

private sector stakeholders;

� Disaster funding mechanism must be supported by legislation.

of 39

International Aid

• Clear provisions for the initiation and termination of international aid relief;

� Privileges and immunities with respect to immigration & customs;

� Privileges and immunities with respect to goods & equipment (including medical

supplies);

� Privileges and immunities with respect to taxes, tariffs and duty.

� Privileges and immunities with respect to transportation (freedom of movement, waiver

of restrictions, tolls, etc.

� Legal status to international organization in domestic jurisdiction (operate, contract,

sue) and immunity from prosecution for relief activities.

National Security

� The inclusion of national security considerations in the definitions of disasters and

emergencies are important in providing the scope and basis for effective action.

Responses to terrorism and terrorists acts as a basis for emergency action are examples

of effective action based on clear legislative definitions;

� The importance of coordination among representative and stakeholder agencies is as an

important element of best practices in response to disasters and emergencies;

� Depending on the nature of the threat, there would be a need to implement a longer

period for the duration of emergency related to national security. Periods of 90 days

appear to be too short to address national security emergencies. The procedure of

extending emergency declarations should not be cumbersome. Lapses in renewal may

permit breaches of the measures put in place;

� There is an important interaction among national security interests, established rights

and human rights. The response to national security concerns should not be to the

limitation of enshrined human and other rights.

Health

of 39

� The definition and scope of public health concerns, (diseases and pandemics) to enable

the widest possible basis for action a wide definition of specific health consequences

would be useful;

� Pre-emptive action in response to a public emergency threat in another jurisdiction is a

useful practice to adopt. This can reduce the impact of the disaster on the national

population;

� The importance of the adequacy of legislation in the absence of enabling legislation

there will be delays in implementing the appropriate measures;

� The impact of public health measures on existing laws must be considered. Enabling

laws should be strengthened while potentially restrictive laws and requirements should

be suspended;

� Waivers of statutory provisions in the interest of public health emergencies are useful

tools for the effective implementation of health related emergency measures;

� The requirement of a reporting mechanism is a useful measure as it allows the executive

to be kept informed of the progress and measures utilized to address the emergency;

� The immediate allocation of funds to alleviate the impact of the threatened emergency

is a useful mitigation strategy; and

� The emphasis on the dissemination of information is a key strategy to address the

potential and actual impacts of a threatened health related disaster or emergency.

Communication strategies

� Adoption and ratification of the Tampere Convention on the Provision of

Telecommunication Resources for Disaster Mitigation and Relief Operations (“Tampere

Convention”);

� Adoption of a stated emergency telecommunication action plan and designated

emergency telecommunications coordinator;

� Reduction or waivers of regulatory barriers to the type, importation and deployment of

telecommunications resources during a declared emergency;

� Granting of certain privileges and immunities to organizations and individuals providing

telecommunications assistance.

of 39

The presenter also highlighted the importance of including remedial measures in legislation as

exemplified in the Philippines, where it is provided that, ‘The declaration of a state of calamity

shall make mandatory the immediate undertaking of the following remedial measures by the

member-agencies concerned as defined in this Act:

(a) Automatic imposition of price control of basic necessities by the Department of Trade and

Industry, in areas declared under a state of calamity;

(b.) Monitoring, prevention and control of over pricing/profiteering and hoarding of prime

commodities, medicines and petroleum products by the local Price Coordinating Council;

(c) Programming/reprogramming of funds for the repair and safety upgrading of public

infrastructures and facilities; and

(d) Granting of “one-year, no-interest loans” by government financing or lending institutions to

the most affected section of the population.’

The presenter concluded by advising that in terms of specific provisions, the timing, duration,

potential for abuse, existing rights and waivers should be identified. He also encouraged the use

of the concepts ‘pre’ and ‘prior’ in relation to disaster planning mechanism

After the presentation, the working group on Transparency and Accountability under the

guidance of group leader Ms. Judy Daniel considered, inter alia, the following questions, in their

discussion

1. What is an appropriate structure for disaster management activities?

2. What should be the role of the central and local governments in transparency and

accountability?

3. How should the role of the central and local government in transparency and

accountability be limited?

4. What are the key factors that lead to deficiency in accountability and transparency?

5. Does the transparency and accountability framework incorporate civil society and

the private sector?

6. How should transparency and accountability framework be extended to civil society

and the private sector?

of 39

7. What is the role of transparency and accountability in short-term and long-term

disaster management activities?


• Enact legislation to establish new structure of NaDMA to ensure more autonomy

and timely action, and minimize political involvement

• Enhance how committees at the various levels function, by stipulating that a

representative from a relevant Ministry attend committee meetings.

• Redefine the scope of disaster management and the focus of NaDMA

• Clarify, in terms of accountability, the relationship between the Office of the Prime

Ministers as the lead agency and the other committees. It was noted that designated

officers are not always available which often hinders the decision making process.

• Establish procedures among the committees, NaDMA, private sector, civil society

organizations, and the various ministries and departments

• Enhance the flow of information between committees and the ministries, and

ensure timely feedback and government endorsement of recommendations from

committees

• Remedy the issue of inconsistent decision making especially when senior public

officers are transferred to other ministries

• Establish flexible mechanism to implement recommendations from committees

• Transparency initiatives should involve civil society and the private sector

• Implement short term disaster management activities by:

∗ Enhancing public education and awareness programmes in collaboration

with the Royal Grenada Police Force and schools

∗ Formulating training programmes and guidelines for volunteers and

permanent staff

∗ Formulating programmes to encourage a higher degree of participation

and coordination at the community level

∗ Encouraging preparedness at the household level to allow for effective

response

of 39

• Incorporate transparency and accountability in long term disaster management

activities by:

∗ Redefining the terms and conditions for volunteering

∗ Addressing the negative/political image of NaDMA

• Enhance awareness and strengthen community participation

• Build sensible partnerships with the private sector and introduce disaster

management incentives to encourage investment and participation in community

projects.

• Conduct regular meetings with stakeholders because disaster management

requires a multi-disciplinary approach. Meetings would enhance collaboration and

partnership

Finally, in the Plenary discussed how participants and project countries could share and learn

from the realities of Hurricane Ivan in Grenada and the earthquake in Haiti. They

recommended:

• Documenting lessons learnt and sharing those that would be helpful such as in

public education programmes

• Reviewing the Public Health Act and laws dealing with water to ascertain the proper

procedures to be implemented before, during and after a disaster.

of 39

Annex 1 – List of Participants

Caribbean Emergency Legislation Project

National Workshop


Bouganvillea Conference Room


March 22, 2010

9:00 a.m. – 4:30 p.m.

List of Participants

GOVERNMENT INSTITUTIONS

1. Ministry of Finance Planning, Economy, Energy and Cooperatives

Financial Complex, The Carenage

St. George’s

Grenada

Tel: (473) 440-2731-6

Fax: (473) 440-4115

Email: [email protected]

Contacts:

Timothy N.J. Antoine –Permanent Secretary


Tel: (473) 440-2928

Kerry Pierre- Budgetary Officer

Tel: (473) 440 2214


[email protected]

2. Ministry of Environment, Foreign Trade and Export Development

Financial Complex, Carenage

St. George’s

Grenada

Tel: (473) 440-2101

Fax: (473) 440-0775


Contact:

of 39

Sally-Ann Bagahwan-Logie – Permanent Secretary (Ag.)

Tel: (473) 440 2101


[email protected]

3. Prime Minister’s Ministry - National Security, Public Administration, Information,

Information Communication Technology & Culture

Office of the Prime Minister

Ministerial Complex

Sixth Floor

Botanical Gardens

St. George’s

Grenada

Tel: (473) 440-2255

(473) 440-2265

Fax: (473) 440-4116

Email: [email protected] [email protected] [email protected]

Contact:

Mrs. Ann Isaac - Permanent Secretary in the Office of the Prime Minister, Deputy Chair,

National Emergency Advisory Council


Richard Simon – Press Secretary


Tel: (473) 440 2255

440 2265 ext 6010

407 0013

Merina Jessamy – Cabinet Office, Policy Development Officer


Tel: (473) 440-2661 ext 6045

4. Ministry of Legal Affairs

Contact :

Petrona Sealey- Browne – Chief Parliamentary Coucil,

Tel : (473) 435 2962

Email : [email protected]

5. National Disaster Management Agency

Fort Frederick

of 39

Richmond Hill

St. George’s

Grenada

Tel: (473) 440-0838

(473) 4408390-3

Fax: (473) 440-6674


Contact:

Benedict Peters – National Disaster Coordinator

Tel: (473) 440 8390

405 5046


Kem Jones – Community Programme Officer, Grenada North

Tel: (473) 534 9028

440 8390


Jason Lyons – Community Programme Officer, Grenada South

Tel: (473) 4045291

4144508

440 8390


Silvan Chan – District Coordinator, Town of St. George

Tel: (473) 440 0145

405 5003

5364655


Ralph Lord – District Coordinator, St. George South East


William Cloyd George – District Coordinator, South St. George

Tel: (473) 444 2216

415 2030


A. Robin James – Deputy District Coordinator, St. George North West

Tel: (473) 440 4556

404 4720


of 39

Kelvin Dottin – District Coordinator, St. George North East


Jean Frederick – District Coordinator, St. John


Curtis Baptiste – District Coordinator, St. Mark

Tel: (473) 420 5088


Roystan Olive – District Coordinator, St. Andrew North East


Pauline Andrew – District Coordinator, St. Andrew South East

Tel: (473) 442 7365


Raphael Sylvester – District Coordinator, St. David South

Tel: (473) 443 1695

459 1585


Delon Edwards – District Coordinator, St. David North


Valdon Paul – NADMA coordinator St Patrick’s West

Tel : (473) 416 9722


Mykine Munroe – NADMA Disaster Coordinator St Andrews South West

Tel : (473) 420 0798

533 4338


Rose Fraser – Secretary, St. Andrew South East

Tel: (413) 456 0157


6. Ministry of Health

Contact :

Osbert Charles – Health Service Administration/Health Disaster Coordinator,

Tel : (473) 406 7738

of 39

405 3212

438 3573


7. Ministry of Works, Physical Development and Public Utilities

Ministerial Complex

Fourth Floor

Botanical Gardens

St. George’s,Grenada

Tel: (473) 440-2181

(473) 440- 2722

Fax: (473) 440-4122

Contact:

Mrs. Merlyn St. Bernard - Permanent Secretary (Ag.)


8. Ministry of Education and Human Resource Development

Botanical Gardens, Tanteen

St. George’s

Grenada

Tel: (473) 440-2737

Fax: (473) 440-6650

Contact:

Gloria Thomas – Shelter Management


Tel: (473) 405-4270

440 2737

9. Royal Grenada Police

Police Headquarters

Fort George


Tel: (473) 440-3999

(473) 440 1043-1047

Fax: (473) 435-7699


Contact:

Commissioner James Clarkson


of 39

John Mitchell - Assistant Superintendent –Fire Station Search and Rescue


Tel: (463) 440-3296

Fax: (463) 440-3296

Dowlyn Bartholomeus – Assistant Commissioner of Police

Tel: (473) 439 1230

405 3748


10. Grenada Coast Guard

True Blue

St. George’s

Grenada

Tel: (473) 444-1931

Fax: (473) 444-2839

Contact:

Inspector St. John Thomas – Search and Rescue, Land and Sea

Tel: (473) 444 1931/2

456 4643

414 8362


11. Government Information Service

St. George’s

Grenada

Tel: (473) 440-2061 / 440-5347

Contact:

Ray Roberts – Public Information


[email protected]

Tel: (473) 414-7203

442 2061

12. National Telecommunications Regulatory Commission

P.O. Box 854

St. George’s

Grenada

Tel: (473) 435-6872

Fax: (473) 435-2132

of 39


Contact:

Aldwyn Ferguson


Timothy Scott – Telecoms Engineer,

Tel : (473) 435 6872


CIVIL SOCIETY/NGOs

13. Grenada Chamber of Industry and Commerce

Building No. 11 Frequente / P.O. Box 129

St. George's, Grenada

Tel: (473)-440-2937 / (473)-440-4485

Fax: (473)-440-6627


Contact:

Cedric Mitchell- First Vice President


14. Grenada Red Cross

Upper Lucas Street/ P.O box. 551

St. Georges ,Granada

Tel: (473) 440-1483

Fax: (473) 440-1829

E-mail: [email protected]

Contact:

Samantha Roberts – Health and Safety Advisor

Tel: (473) 405 2587


[email protected]

Ngozi de Coteau – Administrative Assistant

Tel: (473) 440 1483

406 8825

414 2583


of 39

Cindy Lewis

Tel: (473) 406 0229

415 4442


15. Inter-Agency Group of Development Organizations GRENCODA

c/o Greensave House

St. John’s Street


Tel: (473) 444-8430

Cell: (473) 534-7075 / 449-5267

Fax: (473) 440 5120

Contact:

Benny Langaigne – Programme Manager

Tel: (473) 444 8430

444 9183

534 7075


[email protected]

16. Agency for Rural Transformation Ltd.

P.O. Box 750

Marrast Hill

St. George’s,Grenada

Tel: (473) 440-3440 /3915

Fax: (473) 440-9882


Contact

Sandra C. A. Ferguson – Secretary General / Chief Executive Officer

Tel: (473) 440 3440

405 0797


[email protected]

17. Cipriani College of Labour and

Co-operative Studies

Churchill Roosevelt Highway

Valsayn

Trinidad and Tobago

Tel: (868) 662.5014 Ext. 269

of 39

Contact:

Jason Alexander - Senior Researcher, Academic Affairs Department

E-mail: [email protected]

[email protected]

18. National Youth Council

M. Kelville Street

St. George’s

Grenada

Tel: (473) 440-2255

Fax: (473) 440-4116

Contact:

Norman Gilbert

Tel: (473) 420-2115


19. Rotary Club

Tel: 473-409-2095

Contact:

Laren Kay Simon – President


20. Adventist Development Relief Agency

St. George’s

Grenada

Tel: (473) 442-7450

Fax: (473) 442-8871

Contact:

Ashton Oneil – Director


Tel: (473) 403-6017

21. Grenada Hotel and Tourism Association

P.O. Box 440

St. George’s

Grenada

Tel: (473) 444-1353

Fax: (473) 444-4847


of 39

Contact:

Pancy Cross – Executive Director

Tel: 444 1353

553 0029


22. Grenada National Council of the Disabled

Contact :

Hillary Gabriel -

(473) 440 0112

404 1400

Joseph Budd

(473) 440 0112

41801999

PRIVATE SECTOR

23. Clico International General Insurance Ltd.

Young Street


Tel: (473) 440-0217

(473) 440- 5625

(473) 440- 2632

Fax: (473)-440-9296

Contact:

Terry-Ann Roberts

Tel: 440 0217


24. Netherlands Insurance Company Ltd.

Netherlands Building

P.O. Box 880

Grand Anse

St George’s, Grenada

Tel: (473) 444-3012

Fax: (473) 444-2853


of 39

Contact:

Richard Strachan – Managing Director


25. Trans-Nemwil Insurance (Grenada) Ltd.

The Mutual/Trans-Nemwil Office Complex

The Villa

St George’s ,Grenada

Tel: (473) 440-3099

(473) 440-1585

Fax: (473) 440-4113


Contact:

Ronald Hughes- Managing Director


Tel : (473) 440-3099 ext. 225

409 9589

26. Grenada Development Bank

P.O. Box 2300

Melville Street

St George’s ,Grenada

Tel: (473) 440-2382

(473) 440-1620

Fax: (473) 440-6610


Contact:

Mervyn Lord – General Manager

27. Grenada Airports Authority

P. O. Box 385

Maurice Bishop International Airport

St. George’s, Grenada West Indies.

Telex: 3480 PSIA.GA

Fax: (473) 444-4838

Tel.: (473)444-4555/4155/4101

E-mail:[email protected]

Contact:

Mr. John Peters


of 39

Tel: (473) 444-4555

28. Meteorological Office

Grenada Airports Authority

Maurice Bishop International Airport

P.O. Box 385


Tel: (473) 444-4101

Cell: (473) 459-4168

Contact:

Martin Moore

Tel: (473) 435 2232

553 1597


29. The Beacon Insurance Company Limited

Maurice Bishop Highway, Calliste,

PO Box 711,

St. George's, Grenada.

Tel: (473) 440-4447/6889

Fax: (473) 440-4168

www.beacon.co.tt

Contact:

Molly Roberts - Branch Manager & President of the Association of Grenada Insurance

Companies

Tel: (473) 440-4447 Ext: 3012

Cell: (473) 415-0938


INTERNATIONAL ORGANIZATIONS

30. Organization of American States

1889 F Street NW

Washington DC, 20006

United States of America

Tel: 202-458-3000

Fax: 202-458-3560

Contact:

Terence Craig – OAS-Grenada Representative


of 39

Tel: (473) 440-2439

Fax: (473) 440-6689

Michelle-Ann Williams – Legal Specialist, Department of Sustainable Development


Tel: 202-458-6455

Fax : 202-458-3560

Claudia Arango – Administrative Assistant, Department of Sustainable Development


Tel: 202-458-3007

Fax : 202-458-3560

31. Consultants :

Judy Daniel – President, Environmental Advisors Inc. (USA)


Tel: (678) 545-1862

678 230 4674

Fax: (678) 545-1862

Teni Housty – Partner, Fraser, Housty and Yearwood, Attorneys-at-Law (Guyana)


[email protected]

Tel: (592) 226-0891 / (592) 223-5017

Fax: (592) 227-4771

of 39

Annex 2 – Agenda

Caribbean Emergency Legislation Project (CELP)

National Workshop


Bougainvillea Conference Room


March 22, 2010

9:00 a.m. – 4:30 p.m.

Agenda

9:00 a.m. Welcome Remarks

-Terence Craig, OAS- Representative in Grenada

-Timothy N.J. Antoine, Permanent Secretary, Ministry of Finance, Planning, Economy, Energy and

Cooperatives

9:25 a.m. Overview of Key issues in Disaster Legislation and the Caribbean Emergency Legislation

Project

-Michelle-Ann Williams, Legal Specialist, Environmental Law, Policy and Good Governance, OAS-DSD

9:40 a.m. State of Emergency, Budget Appropriation, Execution and Accountability: Key Challenges in

Grenada’s Legal and Institutional Framework

-Judy Daniel, President, Environmental Advisors Inc., OAS-DSD Consultant

10:00 a.m. National Experiences: A look at different perspectives

-Benedict Peters, National Disaster Coordinator, National Disaster Management Agency

-Samantha Roberts, Health and Safety Advisor, Grenada Red Cross Society

10:30 a.m. Coffee Break

10:40 a.m. National Experiences: A look at different perspectives

-Kerry Pierre, Budgetary Officer, Ministry of Finance

- Molly Roberts, Branch Manager, Beacon Insurance Company Limited, and President, Association of

Grenada Insurance Companies

-Jason Alexander, Senior Researcher, Cipriani College of Labour and Co-operative Studies (Trinidad and

Tobago)

11:10 a.m. Discussion

12:10 p.m. Lunch

1:10 p.m. Identification of Best Practices

-Teni Housty, OAS-DSD

of 39

1:25 p.m. Working Groups

2:25 p.m. Working Groups’ Reports

3:10 p.m. Coffee Break

3:20 p.m. Closing Discussion

4:30 p.m. Close

-Terence Craig, OAS- Representative in Grenada

of 39

Annex 3 – Background Note

Caribbean Emergency Legislation Project (CELP)

National Workshop


Bouganvillea Conference Room


March 22, 2010

9:00 a.m. – 4:30 p.m.

BACKGROUND NOTE

I. Introduction

The Department of Sustainable Development (DSD) of the General Secretariat of the

Organization of American States (GS-OAS), with the support of the World Bank, is the executing

agency for the Caribbean Emergency Legislation Project (CELP). The objective of the project is

to build legislative capacity to enhance legal and institutional frameworks for state of

emergency and budget appropriation in eleven CARICOM countries and the Dominican

Republic. Further, the project aims to make recommendations on how to improve legislative

channels and administrative procedures during, and immediately after, the occurrence of a

natural disaster.

Pursuant to these objectives, the project has assessed current legal-institutional frameworks in

the Caribbean applicable under a state of emergency, reviewed global best practices, and is

promoting dialogue with national and regional stakeholders, in order to ascertain areas for

improvement and make recommendations that are best suited for the Caribbean region.

II. Brief findings from the project

The country assessments have revealed that most of the project countries have operational

legal and institutional mechanisms that are triggered once a state of emergency declaration is

made. Some of the mechanisms do not vary greatly according to country, as for example, most

national constitutions provide the framework for governmental action during emergencies.

Also, most countries have enacted Emergency Powers Acts, and Disaster Management or

Preparedness legislation and regulations, along with other instruments relating to finance,

planning, national security, waste management, and public health given the cross-cutting

nature of disaster or emergency response and management. Further, most have established

National Disaster Committees, and disaster and emergency management organizations; and the

police, fire, defence, health and essential services institutions are all involved in disaster

management activities in all the participating countries.

However, the assessments have found that these similarities in disaster response mechanisms

also unfortunately illuminate and confirm on a grand scale, the challenges to effective disaster

of 39

response plaguing countries of the region. These challenges are focused in the following areas:

(i) financial resources available for preventing and mitigating disasters. In some countries there

are either no or limited funds directly allocated for disasters and disaster prevention; (ii)

disaster management and response infrastructures. Some countries do not have enough

personnel, and effective coordination among concerned response agencies has proven

challenging; (iii) consistency and clarity in the legal framework in terms of the vesting of

responsibility for declaring a state of emergency. In some jurisdictions there is a clear potential

for conflict between constitutional and subsequently enacted legislative provisions. Also, some

laws do not elaborate sufficiently on the roles the various relevant bodies are expected to play

in disaster management nor do they clearly indicate the action to be taken by empowered

authorities in the event of a disaster; (iv) the absence of national building codes; and (v) specific

information at the local level on disasters.

Based on the assessments, particularly the challenges identified, a number of lessons have been

learned, including: (i) constitutional and other legislative instruments must be revised to

address conflicts and establish clear and transparent procedures/mechanisms that are to be

triggered in the event of a natural disaster. Thus, for example, the authority to make the

necessary declarations should be clearly spelt out in legislation and the declaration and

accompanying instruments should be specific regarding the powers to be exercised and the

person or agency exercising those powers. This is essential as the identification of clear

channels of responsibility ensures accountability and encourages transparency; (ii)

governments need to establish a substantial and separate national fund specifically for disaster

management and emergency response, or specifically identify in advance, a source of readily

available funds. Moreover, the allocation of funds must be based on a realistic risk assessment

of future disaster costs. Such funding mechanisms should be properly entrenched in national

law with the adoption of appropriate regulations; and (iii) disaster funds should be supported

by procedures and guidelines that ensure impartiality, accountability, efficiency and discourage

waste.

III. Country Brief - Grenada

By virtue of section 17 (1) of the Constitution, the Governor General has Constitutional

authority to declare a state of emergency by making a Proclamation to that effect. This power

was exercised as recently as 2004, with the passing of Hurricane Ivan in Grenada (Statutory

Rules and Orders No.20 of 2004.). A proclamation of emergency must be approved by a

resolution by both the Houses of Parliament. Further, the Emergency Powers Act contains nine

provisions which in essence support Section 17 of the Constitution. Additionally, the National

Disaster (Emergency Powers) Act provides specifically for the maintenance of supplies and

services essential to the life of the community upon the occurrence of a national disaster.

Accordingly the Prime Minster has the authority to declare that a national disaster has occurred

in Grenada when he is satisfied that supplies and service essential to the life of the community

are likely to be endangered. A declaration of this nature shall remain in force until revoked by

the Prime Minister by notice published in the Gazette.

of 39

Regarding the institutional framework, the National Disaster Management Agency (NADMA) is

the body responsible for the overall management disasters and emergency situations in

Grenada. NADMA’s mission is to reduce the loss of life and property within Grenada, Carriacou

and Petite Martinique by ensuring that adequate preparedness, response and mitigation

measures are in place to deal with the impact of the hazards.

NADMA’s operations reflect the mandate of the Caribbean Disaster Emergency Management

Agency in adopting a holistic approach that includes preparedness and response. NADMA is

composed in the following way:

1) Executive Council

2) The National Emergency Advisory Council (NEAC)

3) Management Committees

4) District Committees

5) Village or Community Committees

Further, all government agencies and ministries are responsible for designing their own

continuity of operations and emergency response plans. These plans must be submitted to the

National Disaster coordinator of NADMA not later than 30th April of each year for submission

to the National Emergency Disaster Management Council within one week of its receipt. As a

general rule, Government agencies and officers will continue to exercise their normal functions

during a disaster, but in some cases, special additional responsibilities will be assigned. Several

government bodies are vested with powers and responsibilities during disaster and emergency

situations. They include the Office of the Prime Minister as Chair of the National Disaster

Management Council with responsibility to:

• Co-ordinate all response. Relief and rehabilitation activities from the Emergency

Operation Centre during emergencies and disasters.

• Declare a National Disaster when necessary.

• Co-ordinate all the reconstruction activities.

The police, fire services, and coast guard secure essential services and vulnerable points,

provide crowd and traffic control, evacuation and fire and rescue.

Regarding budget appropriation, currently the national annual estimates of revenue and

expenditure allocates resources to NADMA for disaster and emergency situations. However,

monies are allocated for recurrent expenditure only. The Ministry of Finance, Planning &

Development provides budgetary support for emergency expenditure to design, update, test

and evaluate the continuity of operations and emergency response plans and procedures. The

Ministry provides estimates for the amounts of financial and other relief and rehabilitation

requirements; collects, collates and maintains damage statistics and assists with co-ordination

of supplies and other assistance received by government and non-governmental organizations.

of 39

While Grenada has an operational legal and institutional framework, it has been observed that

there is no legislative authority for NADMA in Grenada. However, there is a current draft copy

of legislation for the establishment of NADMA. Further, the National Disaster Preparedness

Plan may require further review, particularly in terms of telecommunications and electrical

systems. The conduct of inventories and training on how to operate some communications

equipment may prove useful for response in the immediate days after the impact of a disaster.

IV. Conclusion

The findings from the CELP have proven useful in illuminating whether the current legal and

institutional frameworks in the project countries are effective once triggered. The findings are

as a result of extensive consultations with national and regional stakeholders, and given their

significant engagement throughout the course of the project, the OAS-DSD will continue to seek

their input regarding the final project recommendations for consideration of Member States in

the Caribbean.

DRAFT Workshop Report - OAS · 2010-07-30 · DRAFT Workshop Report Introduction In the context of...

Documents

Transcript of DRAFT Workshop Report - OAS · 2010-07-30 · DRAFT Workshop Report Introduction In the context of...