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IDRL:
Turkish experience on Improving legal frameworks for international
disaster response
Statement
by Mr Tunc Ugdul, Deputy Director General for Multilateral Political
Affairs of the Turkish Ministry of Foreign Affairs, at the Side Event
on Improving legal frameworks for the facilitation, coordination and
regulation of international disaster response, during the UN Economic
and Social Council (ECOSOC) in Geneva
17
July 2006 |
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There is no need to explain the destructiveness of natural disasters
to countries either in the form of human loss or their impact
on national economies. In today's world the negative impact
of natural disasters become almost equal to the human and economic
cost of armed conflicts. In complex emergencies situation worsens
for the vulnerable societies. Therefore, responding effectively
to natural disasters is the challenge of our century.
Early and effective preparation is the only way to enhance the
response capacities for natural disasters and thus to decrease
their negative impact to our societies as much as possible.
Katrina proved that no country is immune from and could be entirely
prepared for natural disasters.
It appears that in every disaster-stricken country or region,
several initiatives, sometimes ad hoc and sometimes on a regional
basis, commence after a disaster. However, those institutional
studies, for one reason or another, generally fail to reach
long range or concrete outcomes. We believe this was not the
case in Turkey after the 1999 earthquakes. Our experience showed
that legal frameworks are as important as practical preparations.
With these words, I intend to elaborate on how we evaluate the
developments regarding the IDRL first in the world and then
in Turkey, and afterwards I wish to summarize our perception
of the IDRL studies.
Legal arrangements, physical mitigation and preparedness activities
are keys in providing emergency assistance and relief in response
to disasters. Among these, preparing the legal ground assume
a leading role as it draws the framework within which we practice.
International assistance is required to support the national
and local humanitarian work, so that it can quickly and efficiently
reach affected communities at international standards of quality
and coordination. In order to achieve this goal, some kind of
preparatory framework is necessary.
International Disaster Response Law (IDRL) programme, in this
sense, is a unique tool for States, international and non-governmental
organisations to better address the operational challenges in
international relief operations by minimizing legal and administrative
obstacles that could be faced during such operations. A sustainable
development can be possible through a sustainable, but also
a collective mitigation strategy.
Waiting until after a disaster has struck to devise rules for
the access and regulation of international actors, seriously
hampers the speed and efficiency of humanitarian efforts. For
this reason, countries need to develop and expand existing laws
on disaster response in order to ensure that international relief
can arrive in the first hours rather than days after a disaster.
Nevertheless, legal research and consultations so far indicated
that the scope and implementation of existing regulatory frameworks
were falling short of this ideal, sometimes even in Europe,
where there is a relatively relaxed regulation of flow of persons
and goods.
Visas, customs, and registration of foreign actors seem to be
the most crucial points in times of a natural disaster. It is
expected that national laws provide opportunity for adequate
information sharing with and from international actors; a central
focal point with the government to address international aid
issues; expedited visa procedures for relief personnel; speedy
customs clearance requiring minimum documentation; exemption
from duties and taxes on relief personnel, goods and equipment.
Influx of aid workers and entry of international relief goods
and equipment, lack of knowledge of the value of relief material,
lack of efficient communication and coordination could pose
problems affecting the national efforts of the country concerned.
Even though NGOs have an increasing positive role in this field,
sometimes it may be difficult for some countries to adequately
monitor and coordinate the influx of foreign NGOs, most of which
perform well, but some of which seem to have a comparatively
poor performance.
In such an atmosphere, it is believed that discussions to promote
the IDRL would encourage the elimination of such barriers to
assistance to people in need.
In this vein, the Federation (IFRC) has a general goal to identify
and promote legal arrangements that governments and the international
community may take in advance of disasters concerning international
disaster assistance. Federation could continue to provide information
to humanitarian actors on existing legal instruments.
It could explore the scope and nature of the IDRL in particular
through case studies and by reaching out to its members. In
some cases, a regional approach could be taken. In this framework,
more consultations could be held with relevant stakeholders
especially throughout the Regional Forums that IFRC will be
holding after the European Forum recently held in Turkey.
Through increased awareness of the international community,
we believe that the ground of an international legal framework
could be prepared. In this context, at an initial stage, a non-binding
resolution could constitute a goal at the short and medium term.
For example, after the progress report of the Federation to
the 30th International Conference in 2007 on this issue, if
the international community sees fit, the issue could be brought
to the UN General Assembly for a resolution.
While continuing efforts to this end, it should always be kept
in mind that each State has the responsibility first and foremost
to take care of victims of natural disasters occurring on its
territory and has the primary role in this field, and promoting
IDRL does not mean a decay of political sovereignty of States.
The last couple of years demonstrate that disasters are becoming
increasingly frequent, complex and deadly. Vulnerability of
mankind and threat to the environment necessitate fluent and
coordinated flow of assistance.
First, at the level of national legislation we need to lay ground
to improve the speed and effectiveness of disaster response
operations.
In this context, I would like to share with you the bitter,
but yet a highly informative experience the Turkish people have
encountered in recent years.
Turkey has always been vulnerable to various kinds of natural
hazards, because of its geology, topography and meteorological
conditions. These hazards, coupled with physical and social
vulnerability, have caused excessive losses of life, injury
and damage to property.
As I referred to at the beginning, there were several steps
taken in Turkey. In the earthquakes in 1999 and afterwards,
20 million people were affected. More than 18,000 people died
and more than 43,000 people were injured. More than 400.000
buildings collapsed or were damaged.
In the wake of these unfortunate disasters, provoked by the
scale of human and physical destruction and the probability
of a major earthquake which could struck Istanbul in the next
years, a national consensus was reached to introduce radical
amendments to the country's disaster policies for sustained
economic growth and protection of well-being of the citizens.
In addition to the present legislation concerning emergency
relief organization and planning principles regarding disasters
(1988) and emergency state law (1983), fundamental changes in
the national legislation were made and new laws were enacted.
In this period, the magnitude of the catastrophes urged the
Government to send an urgent bill to the Parliament.
The said bill permitted the Government to pass whatever legal
instrument was judged necessary through an instrument known
as the ''Decree with the Force of Law (Law No.4452)''. The bill
was passed just ten days after the August 1999 earthquake.
During seven months following the earthquake, the Government
promulgated 7 new Laws and 32 Decree Laws to improve the national
disaster management system and to better respond to the needs
of the victims in the disaster-stricken areas. Compulsory Earthquake
Insurance was introduced, obliging all existing and future-privately
owned property to contribute to the Turkish Compulsory Insurance
Pool, administered by a new entity called the Natural Disaster
Insurance Council in order to create a fund for use in disasters
to provide shelter to the homeless.
As part of the restructuring, new central organization for disaster
management, namely Turkish Emergency Management General Directorate
(TAY) of the Prime Ministry and the National Earthquake Council
were established. Currently, TAY, the General Directorate of
Disaster Affairs of the Ministry of Public Works and Settlement
and the General Directorate of Civil Defense of the Ministry
of Interior have overall responsibilities with respect to disaster
management obligations in Turkey.
Municipalities and governorships are also responsible in terms
of coordination of post-disaster activities as well as mitigation
efforts.
The Turkish Red Crescent Society (TRCS) is an integral and important
part of disaster management structure in Turkey. It is represented
at national, provincial and district levels. The TRCS is active
in the areas of disaster preparedness and response, blood-transfusion
services, HIV/AIDS, and first-aid training. Also, TRCS has a
very well equipped Disaster Operation Centre (AFOM) in Ankara.
In the aftermath of 1999 earthquake, TRCS has initiated a restructuring
process with a new mission and vision as well.
Turkish Armed Forces are a part of central and local disaster
management in Turkey, too. After the August 1999 earthquake,
it was decided to improve its capabilities on specialized search
and rescue missions in order to better cope with large-scale
natural disasters and thus, a battalion size special unit (DAK)
was formed to conduct search and rescue operations.
There are many ministries, state agencies and institutions whose
duties and responsibilities are clearly indicated in the "Regulation
Concerning the Fundamentals of Emergency Aid Organizations and
Planning Associated with Disasters". Also there exist many NGOs,
foundations, associations, search and rescue (SAR) groups involving
in disaster preparedness and response activities. A significant
majority of these organizations engage in relations with similar
international organizations.
The new structure and legal instruments established the elements
of disaster management legislation in Turkey. However, we are
well-aware that, an effective disaster management system cannot
be created through legal text generation alone and that, there
is still need to increase the national disaster management capacity
through review and - where necessary - reformulation of these
instruments in order to adapt ourselves to the specific modern
concepts of disaster management.
Avoiding duplication and overlapping of authorities in the existing
disaster management system, providing sufficient financial and
material means, ensuring active participation of the communities
at risk, educating public and training technical personnel,
supervising the disaster-resistant building regulations especially
in rural areas are some of the elements we need to focus our
attention in Turkey.
Believing that national studies should be supported by international
efforts as well, Turkey also increased its thematic contribution
to humanitarian affairs in general and to the IDRL in particular.
She started to actively join the UN OCHA emergency preparedness
activities via Government and NGO participation.
The most visible example of its thematic contribution is the
UN General Assembly resolution 57/150 of 2002. Among those lessons
drawn from the 1999 earthquakes was the recognition of the importance
of strengthening international urban search and rescue assistance
and rendering it more efficient.
It is in this vein that, Turkey has assumed the responsibility
to present a resolution on this topic to the 57th General Assembly
in 2002. Resolution 57/150 was first of its kind and a product
of long and lengthy deliberations and discussions which started
in Geneva. It was co-sponsored by 58 States. Operative paragraph
3 of 57/150, urged "all States to simplify or reduce the customs
and administrative procedures related to the entry, transit,
stay and exit of international urban search and rescue teams
and their equipment and materials taking into account the extent
of utilization of the Guidelines of the International Search
and Rescue Advisory Group".
This was one of the unique aspects of this resolution. Ironically,
this clause was first implemented on Turkey regarding Batman
earthquake. And, as you can imagine, one of the preambular paragraphs
was about IFRC's efforts on IDRL. Turkey believes that this
resolution should be followed up. That is why, Turkey raises
the importance of this resolution in every pertinent humanitarian
fora such as the Hyogo Conference.
It should also be mentioned that Turkey participated in the
IDRL debate in the past via Black Sea Economic Cooperation (BSEC)
as well. The Agreement among the Governments of the Participating
States of the BSEC on Collaboration in Emergency Assistance
and Emergency Response to Natural and Man-Made Disasters was
signed in 1988.
Apart from those, I wish to refer to a particular case study
recently conducted by the Turkish Red Crescent Society on the
IDRL work in Turkey. As you might know, the IFRC and the Turkish
Red Crescent Society have co-sponsored the "European Forum on
IDRL" in Antalya, Turkey" between 25-26 May 2006. 22 national
societies, 11 Governments, 9 UN agencies and 4 NGOs and NGO
networks attended the European Forum to discuss the common legal
response in international disaster response.
The Forum, being the first of five consultative regional forums
that IFRC will organize on this issue until the 30th International
Conference in 2007, aimed at reviewing common legal issues encountered
by European actors; analyze present situation on international,
regional and national regulatory frameworks; and identify means
to strengthen those frameworks.
The Turkish Red Crescent presented a detailed and comprehensive
case study to this Forum. We believe its contents are interesting
to all. In our view, hosting of this Forum and presenting a
case study at the Forum shows the commitment and support of
the Turkish Red Crescent to this issue.
Turkish Government officials also delivered presentations in
this field at the European Forum.
The world is increasingly becoming interdependent. We have to
act in a spirit of partnership to build a safer world, to save
human lives and to protect our environment. Bilateral, multilateral,
international and regional cooperation significantly enhance
our ability not only to minimize the effects of disasters and
ensure preparedness, but also to respond effectively and recover
easily through the transfer of technology, and sharing of information
and resources.
There are still certain problems which should be solved and
certain integrated approaches should be brought to disaster
legislation and disaster response operations encompassing public
and private institutions, NGOs and international organizations.
While looking at this matter, apart from political considerations,
may be we can ask the following questions to ourselves:
- How can we reach the affected people in the shortest time
and in the most efficient manner?
- Could there be an IDRL that may be acceptable to all?
- How can the obstacles of, if any, domestic legislations can
be lifted?
Turkey sees no harm in identifying the present situation in
IDRL issues. Therefore, it supports the IFRC in its efforts
to this end.
Since Turkey has become an emerging donor and quick provider
of humanitarian assistance via relief goods and SAR teams, this
issue will have a broader importance for Turkey.
In this vein, we will await the progress report of the IFRC
to be submitted to the 30th International Conference with sincere
interest.
In the meantime, it is understood that in several of the tsunami
affected countries efforts are underway to have new disaster
reduction laws. Studies by the IFRC or the "American Society
of International Law" on legal measures following the tsunami,
will constitute useful documents in this regard.
Finally, international organizations should encourage the development
of national disaster management legislations. IFRC and others
could actively engage in efforts for new initiatives for IDRL.
They could increase awareness of IDRL issues.
We think that the IFRC should lead the valuable debate on this
issue and tell its story to everybody concerned. We therefore
call other States also to join this useful debate.
The UN could also join more closely with the Federation in promoting
"the IDRL agenda". |
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