These studies are part of a regional project being undertaken by the IFRC and the National Red Cross Societies of Austria, Bulgaria, France, Germany, The Netherlands and the United Kingdom to study regulations at the EU level and in their countries related to cross-border disaster assistance. A study of EU-level regulations was published in March and the other project partners will be publishing their studies in the coming weeks.
The new reports analyse the degree to which the existing laws, regulations and policies in Germany and the Netherlands address the common regulatory barriers to speedy and effective disaster assistance. They were compiled on the basis both of desk research on existing law as well as consultations with relevant stakeholders, including in national workshops organized late last year.
In both countries, the studies found that many aspects of incoming assistance during disaster response have been arranged in law and in policy. However, these rules were generally dispersed throughout a variety of legal instruments.
Stefanie Haumer, Legal Advisor at the German Red Cross, pointed out that “Germany works under a federal system giving significant authority to the Länder including in the area of disaster management. This results in a patchwork of different laws that would apply to international assistance. Many issues raised in the IDRL-Guidelines are already covered by German law or policy. Some gaps appear to exist in existing legislation but many authorities do not seem keen to legislate – in part due to the lack of significant experience receiving foreign help."
According to Sanne Boswijk, Legal Adviser of the Netherlands Red Cross “the discussions at the workshop brought to light that, legally speaking, this system isn't watertight yet.” Several blind spots were found, notably the under-regulation of incoming assistance rendered by non-European countries and the lack of criteria under which foreign humanitarian organisations and the International Red Cross would be eligible for legal facilities.
Both National Societies will continue discussions with their authorities in order to determine how the challenges established in these reports may be met.
Click here for the German Red Cross report.
Click here for the Netherlands Red Cross report.