As the international community converges on critical humanitarian issues at the 34th International Conference in October, a proposed resolution on Strengthening Disaster Risk Governance through Comprehensive Laws, Policies and Plans aims to catalyse concerted efforts toward enhancing legal frameworks to foster resilience and enhance the safety of all, especially for groups in vulnerable situations and those most at risk of being disproportionately impacted by disasters.
The frequency and intensity, as well as the number and scale of disasters, have been increasing worldwide, compounded by climate change. People in vulnerable situations and those most at risk of being disproportionately impacted by disasters, such as those living in high-risk areas, indigenous people, racial and ethnic minorities, older people and people with disabilities often bear a disproportionate burden in the face of disasters and emergencies.
Disaster risk governance, meaning the ensemble of laws, policies, plans and institutional arrangements pertaining to Disaster Risk Management (DRM), is the foundation for the strong DRM system required to manage disaster risks in our increasingly hazardous world. Strengthening disaster risk governance and having in place well-designed, well-understood and well-implemented laws, policies, and plans relating to disasters and emergencies is therefore crucial to keeping people safe from the impacts of disasters, compounded by climate change.
The International Federation of Red Cross and Red Crescent Societies (IFRC) has recognised this for over twenty years. In 2023, the IFRC consolidated two decades of extensive research, experience and recommendations on disaster law into a single, comprehensive document: the Disaster Risk Governance Guidelines: Strengthening Laws, Policies and Plans for Comprehensive Disaster Risk Management (the Guidelines). The Guidelines serve as a tool to assist states in enhancing disaster risk governance, enabling them to be legally prepared for disasters and emergencies. The Guidelines cover key foundational aspects of an effective DRM system, disaster prevention and mitigation, preparedness, anticipatory action and response, as well as recovery. Dedicated sections also address specific types of disasters, international disaster assistance, legal facilities for DRM actors, the protection and inclusion of groups in vulnerable situations, mental health and psychosocial support, and disaster displacement.
The key role of disaster governance in effective DRM has also been recognised in international instruments. Indeed, strengthening disaster risk governance is one of the four ‘Priorities for Action’ of the Sendai Framework for Disaster Risk Reduction (2015-2030). However, the recent report of the Mid-Term Review of the Sendai Framework found that progress towards strengthening disaster risk governance has been varied and there is a continued need to enhance legal frameworks as a priority.[1] As a result, States have been urged to strengthen comprehensive disaster risk governance and ensure that robust legal and policy frameworks are in place at all levels.[2]
In light of these findings, and the development of the DRM Guidelines, the IFRC proposes to use the 34th International Conference, a key international forum for continued dialogue and reflection on DRM legal and policy frameworks,[3] to adopt a resolution calling for strengthening legal preparedness for disasters and emergencies. The proposed resolution further presents an opportunity to recognise the new Guidelines as a valuable non-binding tool in this endeavour. IFRC also proposes that the resolution re-affirm the mandate of the IFRC and National Societies in disaster law, underscoring their capacity and readiness to support states in strengthening legal and policy frameworks.
The proposed resolution follows successive resolutions related to disaster law adopted by the International Conference since 2007[4] and highlights key areas for strengthening disaster risk governance. These areas include legal preparedness, institutional arrangements for DRM, innovative approaches to DRM and international disaster response law (IDRL). The proposed resolution encourages states to develop comprehensive disaster instruments; highlights specific topics which require more detailed legal, policy and planning provisions; and underlines the value of the DRM Guidelines as a supportive tool in this endeavour. The proposed resolution also identifies ways in which domestic instruments can strengthen institutional arrangements for DRM by adopting an inclusive all-of-state and all-of-society approach and assigning roles and responsibilities for disaster prevention, mitigation, preparedness, anticipatory action, response and recovery to relevant actors. The proposed resolution further encourages innovative, proactive (rather than reactive) approaches to DRM to be taken by states, including ensuring legal, policy and planning provisions on topics such as early warning systems, disaster risk reduction, and recovery. Recognising that many states are not legally prepared for large-scale disaster response operations requiring international disaster assistance, the proposed resolution urges states to continue to make progress in this area using the IDRL Guidelines as a guiding tool. Finally, the proposed resolution acknowledges the emerging prospect of the development of a new international convention or other instrument based on the International Law Commission’s Draft Articles on the Protection of Persons in the Event of Disasters, and welcomes states efforts to continue dialogue on this topic.
Although states have made significant progress in strengthening their domestic disaster legal and policy frameworks, it is clear that more needs to be done. As the international community converges on critical humanitarian issues at the 34th International Conference, the proposed resolution on Strengthening Disaster Risk Governance through Comprehensive Laws, Policies and Plans aims to catalyse concerted efforts toward fostering resilience and enhancing the safety all, especially groups in vulnerable situations and those most at risk of being disproportionately impacted by disasters. The proposed resolution represents an opportunity to generate increased discourse, momentum and attention to the importance of strengthening legal preparedness for disasters and emergencies. It will draw the international community’s attention to the new Guidelines and highlight critical areas where legal instruments require further strengthening. By emphasizing the mandate of the IFRC and National Societies in this domain, these actors will be positioned to provide the support needed to strengthen DRM governance.
Read more about this topic:
- Guidelines on Disaster Risk Governance: Strengthening Laws, Policies and Plans for Comprehensive Disaster Risk Management (Pilot Version)
- IFRC releases new Guidelines on Disaster Risk Governance
- Resolution 4 of the 30th International Conference
- Resolution 7 of the 31st International Conference
- Resolution 6 of the 32nd International Conference
- Resolution 7 of the 33rd International Conference
[1] Report of the Midterm Review of the Implementation of the Sendai Framework for Disaster Risk Reduction 2015-2030, p 42 -43
[2] UNGA Resolution 77/289, para 26(c).
[3] Resolution 7, 33rd International Conference (2019) [18].
[4] Resolution 4, 30th International Conference (2007), Resolution 7, 31st International Conference (2011), Resolution 6, 32nd International Conference (2015) and Resolution 7, 33rd International Conference (2019).