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IDRL - International Disaster Response Laws, Rules and Principles
Speech by Dr Katrien Beeckman, IFRC Secretariat Senior Officer, International Disaster Respone Laws, Rules and Principles (IDRL), in the Sixth Committee of the UN General Assembly, in New York
27 October 2006 |
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On behalf of the International Federation of Red Cross and Red Crescent Societies, I will be speaking on Agenda item 78 with regard to Chapter XIII, 1. Long Term Programme of Work, para. 257, topic: d. Protection of persons in the event of disasters.
This item is supported by Annex C as prepared by the UN Secretariat.
In the last two and a half decades, the world community has witnessed a sharp increase in both the number of non-armed conflict disasters and their impact. In the ten years between 1980 and 1990, 2073 disasters affected 1.3 billion people and caused an estimated damage of over 186 billion USD. In just the first six years of the new millennium, the figures have already risen to 3520 disasters, affecting 1.7 billion people with damage exceeding 450 billion USD.
As the largest humanitarian network, the International Federation of Red Cross and Red Crescent Societies (IFRC) has always been committed to ensuring that those affected by disasters, particularly the most vulnerable, receive the necessary relief in a timely, effective and well-coordinated manner.
As is well-known, the majority of natural disasters are successfully addressed domestically by national authorities usually with the support of the National Red Cross or Red Crescent Society, civil society and other partners.
However, there are disaster situations that exceed national coping capacities, where a request for international assistance becomes necessary. In these cases, adequate regulatory frameworks are an essential tool in guaranteeing the speed and effectiveness of the overall disaster response.
The IFRC has long been committed to the development and promotion of standards, guidelines and recommendations in this field.
In 1977, we were actively involved in the shaping of Measures to Expedite Emergency Relief adopted both by the International Conference of the Red Cross and Red Crescent and the United Nations Economic and Social Council [E/Res/2102 (LXIII)].
In partnership with major NGOs, we adopted in 1994 the Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organisations in Disaster Relief, which was later endorsed by governments and National Societies together at the 26th International Conference of the Red Cross and Red Crescent.
In 2000, the IFRC played a key role in the development of the Sphere Humanitarian Charter and Minimum Standards in Disaster Response. In the same year, an article appeared in the World Disasters Report which discussed some of the issues arising because of the absence of a systematic legal framework in the field of disaster response.
Through its IDRL Programme, the International Federation is continuing its practical and legal work in this area.
Chair,
Before aid reaches disaster-affected victims, providers of humanitarian relief often face a myriad of legal questions. International actors for instance, grapple with bureaucratic procedures which are not adapted to the circumstances imposed by an emergency.
The result is: obstacles in the import of relief goods and equipment, delayed or refused entry of relief personnel, difficulties to obtain recognition of professional qualifications or work permits, inability to acquire a national legal personality, problems with the use of vehicles, aircraft and shipping, and proscriptive taxation, fees and tolls affecting available resources for humanitarian aid.
Affected Governments, on the other hand, frequently make known their discontent with problems such as inappropriate aid, untrained or incompetent international relief workers, disrespect for cultural traditions or local capacities, and the failure to coordinate. Though the latter type of issues confronting disaster-affected authorities are not per se “legal”, appropriate regulatory frameworks could play an important role in addressing them.
All of the above-mentioned challenges cause delays, add subsidiary costs, decrease efficiency of humanitarian action and most importantly potentially affect the ability of international, national and local aid workers to provide life saving assistance in humanitarian emergencies and their aftermath.
In light of these challenges and taking account of the International Federation’s historical activities and own constitutional role as a coordinator of disaster response, the International Federation's Governing Board, acting on a recommendation from its expert Disaster Relief Commission, set up the International Disaster Response Laws, Rules and Principles (IDRL) Programme in 2001.
The IDRL Programme seeks to reduce the vulnerability and suffering of people affected by non-conflict disasters by raising awareness, promoting the implementation, and strengthening the laws, rules and principles that ensure a timely, adequate and efficient international response to disasters, where international involvement is requested.
Since its inception, the IDRL Programme has compiled and analysed existing hard and soft international and national legal instruments pertaining to international assistance to non-armed conflict disasters.
In 2003, the IDRL Programme brought its initial findings to the 28th International Conference of the Red Cross and Red Crescent.
Its research indicated that at an international level, the regulatory framework for international response to disasters is disparate and composed of heterogeneous instruments of varied weight, reach and substantive scope. In addition, it found that international laws, rules and principles were insufficiently known and applied at the national level.
National disaster management legislation rarely comprehensively addresses the issue of how international aid will be initiated, facilitated, coordinated and regulated. In the absence of adequate national legal preparedness, ordinary legislation not adapted to the needs and urgency of a disaster situation often continues to be applied.
Alternatively, ad hoc measures are taken to correct the inadequacies of ordinary legislation, but in a crisis situation they are usually not well disseminated and frequently revised. In still other cases, the doors are thrown open to all international actors and their numbers tend to overwhelm rather than complement domestic response mechanisms.
These findings were endorsed by the members of the 28th International Conference which then adopted its Agenda for Humanitarian Action.
Through it, and its Final Goal 3.2, Member States were encouraged to review existing disaster management laws and the IFRC, together with Red Cross and Red Crescent National Societies, was mandated to lead collaborative efforts, involving Governments, international organisations and non-government actors, in the research and advocacy on IDRL questions, to identify outstanding gaps in the existing IDRL framework and to develop operational tools for practical use.
Since 2003, the Programme has developed a publicly available IDRL searchable database; carried out further case studies, organised workshops and surveyed the various stakeholders.
Over the coming year, the IFRC will complete a comprehensive study of the area and launch a series of high level regional consultations on the drafting of a declaration of principles which could serve as a guide for the development of the critically required national legislation in this sector.
We look forward to presenting this work to the 2007 International Conference of the Red Cross and Red Crescent for consideration by governments and National Red Cross and Red Crescent Societies.
Chair,
The IFRC warmly welcomes the interest manifested by the International Law Commission in recommending to take up this subject. This interest is most timely. In its recommendations to the 2007 International Conference, the International Federation would of course consider any inputs from the International Law Commission.
IDRL will continue to be one of IFRC’s priorities over the coming years, and the Sixth Committee can be assured of our support to the International Law Commission in its future work on this important topic.
Differently from International Humanitarian Law, the international law applicable to natural disasters is relatively undeveloped and unexplored. Steps to codify existing international law as reflected through consistent state practice are to be applauded when they can play a key role in saving lives and alleviating human suffering. Without doubt, the protection of persons in the event of disasters merits further study.
We therefore look forward to working in a mutually complimentary manner with the International Law Commission, as well as the United Nations Office for the Coordination of Humanitarian Affairs, the United Nations Office of Legal Affairs, and other relevant members of the international community in this critical domain.
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