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| International
Disaster Response Law project update |
The IDRL
Project has now been underway for nearly a year and it is timely
to provide a brief update on progress and achievements, as well
as the key priorities for this year.
The main aim of the IDRL Project is to research and report on
the existing international law and other relevant instruments
applicable to the preparation for and response to natural and
technological disasters, including provision of humanitarian
assistance. This is the scope of the area of law that we refer
to as "international disaster response law". It is
hoped that the collection and analysis of existing law and other
rule-making instruments, in conjunction with the identification
of the major legal challenges affecting humanitarian work in
the field, will enable us to assess the effectiveness of existing
law and identify its strengths, weaknesses and gaps and bring
these to the attention of the international community. This,
in turn, will facilitate the clarification and implementation
of the law at global, regional and even national levels.
In addition it is hoped that an increased awareness and understanding
of this area of law, together with a greater commitment by the
international community to encourage its implementation and
improvement, will enable providers of humanitarian assistance
to more quickly and effectively respond to the needs of disaster
affected populations. |
| Progress
so far |
- Research
With the assistance of National Societies,
Universities and other research institutes covering 20 countries
from all regions, the International Federation has compiled
many hundreds of legal instruments and other documents relating
to IDRL. The International Federation has been working collaboratively
with the Institute of Foreign and Comparative Law of the
University of South Africa and the University of Bochum
in Germany, and research in other regions is continuing.
The results will be collated and published during the course
of this year in web-based and CD ROM format. This collection
of instruments will provide a useful reference tool for
lawyers, academics and disaster response practitioners from
governments and all sectors of the international community
and civil society, and will provide a good structure and
foundation for further work in this area.
- Field
studies
Research has
been conducted in over 10 countries from the South Asia,
Southern Africa and Central Americas regions by Dr Piero
Calvi-Parisetti of Gignos Consulting. The aim of these field
studies has been to identify some the major legal challenges
(and achievements) of humanitarian organisations, governments
and other actors in the provision of humanitarian assistance
in times of disaster. Some of the major challenges range
from identifying and effectively meeting the needs of affected
populations, to customs and visa requirements, to legal
status of humanitarian workers, to quality and accountability
issues. While these studies cannot be considered to present
a complete picture of experiences in the field, they are
invaluable in providing an overview of the operational context
in which these legal issues arise and in identifying areas
which will require further examination in the future.
- Legal
analysis
There has been
increasing discussion and debate on many of the issues and
topics associated with international disaster response law.
In an attempt to capture and highlight these important themes,
and provide some deeper analysis of the nature and scope
of this area of law, the International Federation is commissioning
a series of papers to be published in a book on IDRL. An
Editorial Panel to assist with writing and editing for the
publication is in the process of being established and those
approached for this task include: Shimelis Adugna, President
of Ethiopian Red Cross, International Federation Disaster
Relief Commission Expert; Vitit Muntarbhorn, Professor of
International Law, Bangkok University, Member of the Standing
Commission Working Group for the 2003 Red Cross and Red
Crescent International Conference; Jiri Toman, Professor
of Law, Santa Clara University, USA; Horst Fischer, Professor
of Law, Bochum University, Germany, Member of the Standing
Commission Working Group for the 2003 Red Cross and Red
Crescent International Conference and Michael Hoffman, Director
of International Humanitarian Law and Policy, American Red
Cross. The contributors to the publication will comprise
of experts from a variety of professional backgrounds from
different sectors and will provide some unique and valuable
perspectives on IDRL. It is expected that this publication
will stimulate further debate and interest in this subject
and will assist in increasing awareness and understanding
of IDRL.
- International
support and recognition
An important
component of the IDRL Project is the inclusion and support
of many different interest groups including governments,
the United Nations family, the humanitarian and NGO community,
legal and academic institutions and the private sector.
With the support of National Societies, the International
Federation has sought to present the concept and workplan
of the IDRL Project in many different forums. Our work on
IDRL has been recognised in a number of ways, including
by the United Nations
Secretary-General in his 2002 report to ECOSOC and the
General Assembly and by the General Assembly in resolution
57/150 of 16 December 2002 on "Strengthening the effectiveness
and coordination of international urban search and rescue".
(Doc. A/57/L.60 and Add.1) This resolution, and the reports,
speeches and documentation from many other events, will
be included on the IDRL website.
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| Focus
for 2003 |
The IDRL
Project in its current form is due for completion in December
2003, when we will present of our findings and recommendations
to the International Conference of the Red Cross and Red Crescent.
Between now and then, there are many stages of the project
requiring completion:
- Additional research to be undertaken
in regions which have not been fully covered (June 03)
- Results of legal
research to be published progressively in CD ROM and
web-based formats (March-Nov 03)
- Compilation and analysis of field
study results, including a supplementary survey to examine
some aspects in greater detail (May 03)
- Editing of papers and publishing
of book on IDRL (Nov 03)
- Preparation of documents outlining
the findings and ecommendations for presentation to the
International Conference
Over the coming months, the International
Federation will be compiling the results of the project so
far and will be consulting widely with National Societies,
governments, international organisations and others on the
key findings and recommendations arising from the IDRL Project.
These consultations will assist in shaping the future direction
of the Federation in the area of IDRL and in gaining the commitment
of the international community to this process.
The IDRL Project has also been included in the 2003 Global
Appeal, and funding remains a crucial component to the success
of the project. |
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| Conclusion
of UN Resolution on strengthening the effectiveness of and coordination
of international urban search and rescue assistance |
IDRL took
a big step forward in December when the United Nations General
Assembly adopted resolution
57/150.
Although the main purpose of which was to improve efficiency
and effectiveness in the provision of international urban search
and rescue, it also noted the work being done by the International
Federation to identify the current state of international law
relating to disaster response.
The International Federation was closely involved in the lead-up
work on the international urban search and rescue initiative,
which was led by the United
Nations Office for the Coordination of Humanitarian Affairs
and the International Search and Rescue Advisory Group (INSARAG).
The resultant General Assembly Resolution will strengthen the
INSARAG Guidelines, particularly as they concern visas for rescuers,
the quarantining of their animals, utilisation of air space,
the import of technical equipment, drugs and other relevant
materials. The lead-up work was done in a Core Group, usually
attended by about 25 governments, the International Federation
and a representative of the International Civil Defence Organisation.
The reference to the International Federation's work in this
resolution has the double effect of ensuring that all governments
are now better acquainted with the project, and that the INSARAG
Guidelines are accepted as fitting within an international legal
framework.
The International Federation will soon begin consultations with
the governments which cosponsored the resolution - 58 in all,
led by Turkey - particularly as the text also emphasises the
need for international oversight of the process, particularly
with regard to its principles, scope and objectives. |
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Disaster management
