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A Nicaraguan paddles past his old school, still not in use a year after Hurricane Mitch.
File photo by OSWALDO RIVAS
LONDON (AlertNet) - Efforts to map and start improving national and international laws that affect disaster response look set to be approved at this week’s Geneva conference of the Red Cross Red Crescent movement.
Legal problems often hamper or block assistance from reaching those in need, according to the International Disaster Response Law (IDRL) project run by the International Federation of Red Cross and Red Crescent Societies (IFRC).
Project research found a patchwork of IDRL in hundreds of treaties and resolutions, from global conventions to the "soft laws" of decisions at the U.N. General Assembly and other inter-governmental bodies, and in national legislation.
Studies in 15 nations from Costa Rica to Zimbabwe helped identify major problems:
A lack of national and international coordination -- the greatest challenge to efficient humanitarian efforts -- especially when host governments lack a single unified body for disaster response liaison and have poor understanding of international assistance.
Gaps in the use of quality and accountability standards, with even well known guidelines, such as the Disaster Relief Code of Conduct, often having limited impact.
Delays and inefficiency in facilitating disaster response, such as bureaucratic government structures, taxes on relief goods, lack of protection for aid workers.
Inconsistent access to disaster-affected people, from pre-negotiated agreements between aid agencies and states to unreliable ad hoc arrangements.
Disaster-affected countries often have low awareness of potentially helpful international laws yet better understanding of national policies whose bureaucracy, inflexibility and lack of standards can hamper relief operations.
The IDRL project found good laws supported better response.
In Central America, frequently hit by shared trans-border disasters, international agreements and harmonisation of disaster management laws enable fast delivery of relief goods.
Vietnam's frequent flooding has produced well-defined national laws, systems and strategies, while a U.N. resolution on search and rescue standards and procedures helped coordination in the 2003 Algerian earthquake.
Improving IDRL and its implementation - especially if done with wide consultation, including participation by disaster survivors -- would clarify relief worker responsibilities and deal with operational problems, according to project reports.
International standards could be used to develop model principles for integration into national laws and offer a framework for humanitarians and states to discuss all issues that help or hinder relief.
But discussions with governments and others have already brought one change, in the project terminology, which will now refer to international disaster response "laws", reflecting the diversity of the existing legal patchwork.
Some legal and aid experts want IDRL to concentrate on relief alongside laws covering related issues, such as mitigation, rehabilitation, development, or the conflict-focused Geneva Conventions of international humanitarian law.
And the changed terminology suggests that work on IDRL is likely to aim for the rationalisation, better understanding and implementation of existing law rather than the drafting of a new global convention.
The IDRL project says its work has underscored the unique nature of the International Federation and National Societies as a bridge linking intergovernmental and non-governmental organisations, a role of particular value in reflecting community needs.
The proposed next steps for the IDRL project include:
More research to identify and compare existing disaster-related legal instruments.
A how-to handbook, training and support to help governments and aid agencies.
Advocacy to help improve access, coordination and accountability in relief.
Promoting the concept of IDRL on the international political agenda.
Developing useful IDRL principles and standards from "soft law".
The Red Cross conference has seen the launch of both a CD-ROM of the legal instruments collated during 11 research studies worldwide, from Nicaragua to Turkey, and a book exploring IDRL's various dimensions, such as risk management and displaced people.
Project coordinator Victoria Bannon said: “Improving the laws and other instruments that regulate international disaster response is not just an academic exercise. Doing nothing is putting people's lives at risk."
This is an edited version of an article first published in Red Cross Red Crescent Magazine.
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