On 12 October, the IFRC and UNDP organized an “inception workshop” for a multi-year consultation process to develop a checklist (or other similar document) setting out key factors in how domestic legislation can effectively promote disaster risk reduction (DRR).
In her opening remarks, IFRC Legal Counsel Elise Baudot noted that “[t]he subject of today’s workshop is an important one for all of us who want to see results in disaster risk reduction, particularly at the community level. In tackling the issue of DRR from the legal perspective we recognise that law and regulation is just one tool in supporting DRR, and also that law’s effectiveness depends on good implementation. But it is increasingly clear that some aspects of DRR do need a regulatory framework, whether that is national legislation or local government by-laws.”
For her part, UNDP Geneva Director Cecile Molinier emphasized that “[k]nowledge and tools are available to anticipate the impact of disasters and to manage and mitigate them, if the right development policies, legislative frameworks and organizational arrangements are in place. Strengthening disaster risk governance systems is therefore a priority line of action for UNDP.”
Attended by a legal and DRR experts from National Societies, the IFRC, NGOs and UN organizations, the workshop explored the utility of legislation to various aspects of DRR as well as the factors that led to success or failure of relevant laws in various parts of the world.
Some areas where the group said effective legal frameworks seemed most necessary to ensure implementation of DRR at country level included: defining roles and mandates for government institutions; responsibility and liability of government and private actors; safety in building & construction along with local government land use/spatial planning to prevent the creation of new hazards and risks with new development; inclusion of DRR criteria in environmental impact assessments; resourcing for DRR at all levels of government; disaster insurance; official/government early warning systems; the inclusion of DRR awareness in the formal education system; integration of communities and civil society into national and local DRR policies and implementation; and regulations related to specific risks such as fire, flood, earthquake/tsunami etc.
Another area discussed was the question of DRR in informal settlements (slums and shantytowns). Indeed, many of these settlements face high levels of risk and are very vulnerable to the effects of disaster because of where and how they are built and the lack of social services. On the one hand, the group felt that very effective DRR could be done within these communities without official involvement, but on the other hand, the only way to remove or reduce the vulnerability was to regularise such settlements, bring them under local government planning controls and provide social services.
The group also noted the importance to DRR of certain general human and civil rights protections normally found in national constitutions. These included, rights to life and safety; broad democratic accountability of governments to protect and consult with residents; and the involvement of communities and particularly women and girls in DRR planning.
While acknowledging that laws should be seen as an end in itself, the group affirmed that it could be a critical tool for promoting DRR. With regard to the proposed checklist, the group recommended a simultaneous focus on the content of law and on factors promoting full implementation. They further recommended a broad consultation process involving not only DRR and legal experts but also lawmakers at the national and local level and the private sector.
Click here for more information on the law and DRR project.