Transcript Slide 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
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
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CARIBBEAN ENVIRONMENT
AND SOCIETY
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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:
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–
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
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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
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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
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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?
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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?
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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?
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Makes provisions in Part IV for:
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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
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Preliminary provisions of the MDML under
Force of Law makes provision for The CDEMA
Agreement
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The CDEMA Agreement is therefore the
Second Schedule in the MDML
OVERVIEW OF THE CDEMA AGREEMENT
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
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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

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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
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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
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

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

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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
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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