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Lifting the barriers that prevent aid reaching needy
4 December 2003
by Roy Probert in Geneva
Every year, millions of people fall victim to disasters – in 2002 alone, an estimated 608 million people were affected. Yet all too often the international community’s response is confused by a multiplicity of disconnected guidelines, conventions, treaties and legislation.

For the past two years, since it launched its International Disaster Response Law (IDRL) Project, the International Federation has been in the vanguard of attempts to compile and publish existing international laws and regulations and to evaluate their effectiveness in humanitarian operations. It has been seeking to promote respect for these laws and to improve and develop them where necessary.

Agenda for Humanitarian Action

The findings of the Federation’s IDRL Project are being discussed at the International Conference of the Red Cross and Red Crescent in Geneva, and are expected to constitute a significant item of the Agenda for Humanitarian Action, a document to be adopted by the Conference setting out goals and mechanisms that States and the International Red Cross and Red Crescent Movement can undertake to protect human dignity.

There is a misconception that IDRL seeks to draw up a single law governing the international response to disasters outside conflict. “IDRL is rather a convenient label for a whole range of treaties, agreements and guidelines. We are not seeking to draw up a new law, but to promote the implementation of existing laws and standards,” Victoria Bannon, head of the IDRL project, said.

She points out that the existing core of IDRL comprises many kinds of instrument, ranging from international treaties, through bilateral agreements to non-binding guidelines.

“There are many treaties and laws governing IDRL, and they are all ‘managed’ by different agencies. There is a disconnection that results in uncoordinated action.”

Too, often, the IDRL Project report states, governments and humanitarian workers are ignorant of these various instruments. Consequently they are rarely used to help those who need them. National legislation tends to be better known, but often fails to address the operational challenges of disaster response.

Handbook

Many of the current challenges stem from the fact that the various instruments are dispersed and rarely, if ever, considered in their totality, it says.

One helpful tool the Federation would like to see is a handbook that would provide a quick reference guide to the principles and norms relevant to disaster situations.

“If humanitarian actors have a code of conduct and a simple guide to the common rules, they will know immediately, for example, how to negotiate customs procedures, obtain landing rights at an isolated airstrip or set up telecommunications equipment,” Bannon says, adding that such a guidebook would be an equally useful for tool for governments.

For this is not an academic legal exercise. The fundamental aim of the IDRL project is to get aid as quickly as possible to the vulnerable victims of disasters.

The IDRL project has adopted a multi-faceted approach, consisting of collecting and analysing existing legal and non-legal documents, field studies to examine the relationship between existing IDRL and practices on the ground, consultations and advocacy at international forums, such as the UN General Assembly, and the publication of materials, the first of which, a CD-Rom, has just been launched.

“There has never been an attempt to collate all these instruments – that’s why the Federation’s efforts have been so appreciated. In addition, the Federation is uniquely well-placed to carry out this project, given its vast disaster response experience, its proximity to affected communities and its ability to advocate with governments and international organisations,” says Chris Lamb, head of the Federation’s Humanitarian Advocacy department.
Algerian Red Crescent volunteers help unload humanitarian aid following May’s devastating earthquake. After some disasters, such assistance is held up at customs (p9866)
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A field hospital treats people injured in the 2001 earthquake in Gujarat. A simple guide to the instruments governing disasters could improve the international response to such catastrophes (p2848)
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