On 7 September 2005, over 70 legal advisors from National Red Cross and Red Crescent Societies gathered at the offices of the Federation's Secretariat in Geneva to discuss issues of access to beneficiaries in non-conflict disaster situations and to consider the role of National Societies in encouraging the development and implementation of effective laws and policies to address disasters.
Noting that the issue of access to beneficiaries will be a primary question to be addressed at the forthcoming Red Cross/Red Crescent Council of Delegates meeting in Seoul, Republic of Korea, in November 2005, the participants affirmed that legal barriers are sometimes among the most important challenges to effective delivery of relief, both for domestic National Societies as well as those from outside countries.
For domestic National Societies, this can arise from a lack of government understanding of Red Cross/Red Crescent capacities and competencies, and inadequate formal recognition of their role. It was suggested that formal incorporation of National Societies in overall national disaster plans, specialized agreements between governments and National Societies concerning their roles in particular disaster situations, and the inclusion of National Society representatives in government disaster planning bodies might address these problems.
For outside actors, issues such as slow visa processing, restrictive customs regulations and ambiguity about their legal status in local law can greatly hamper their efforts. While some 'hard law' and 'soft law' standards exist at the international level, their scope, coverage and particularly implementation remain inadequate.
Participants affirmed that Red Cross and Red Crescent National Societies can play an important role in encouraging the development and implementation of effective laws and policies on disaster relief at national, regional and international levels, but that care should be taken to ensure that such advocacy is consonant with the principle of neutrality. A number of the participants called on the Federation’s IDRL programme to continue to assist them in developing their expertise in IDRL, to support National Societies in their domestic advocacy efforts, and further increase efforts to enhance the international normative framework for IDRL. View the presentation slides: The RC/RC & Strengthening Disaster Response Laws, Rules and Principles - Legal Aspects of Access to Beneficiaries in Non Conflict Situations.