The checklist o law ad disaster risk reductio Pilot Versio, March 2015 Uited Natios Developmet Programme
About the IFRC Disaster Law Programme The IFRC s Disaster Law Programme seeks to reduce huma vulerability by promotig effective legal frameworks for disaster risk reductio ad legal preparedess for disasters. It works i three mai areas: collaboratio with Natioal Red Cross ad Red Crescet Societies ad other parters to offer techical assistace to govermets o disaster law issues; buildig the capacity of Natioal Societies ad other stakeholders o disaster law; ad dissemiatio, advocacy ad research. E-mail: disaster.law@ifrc.org. Iteratioal Federatio of Red Cross ad Red Crescet Societies P.O. Box 303 CH-1211 Geeva 19 Switzerlad Telephoe: +41 22 730 42 22 About UNDP UNDP is the UN s global developmet etwork, advocatig for chage ad coectig coutries to kowledge, experiece ad resources to help people build a better life. We are o the groud i 166 coutries, workig with them o their ow solutios to global ad atioal developmet challeges. As they develop local capacity, they draw o the people of UNDP ad our wide rage of parters. Uited Natios Developmet Programme Oe Uited Natios Plaza New York, NY 10017 www.udp.org Cover photograph: A traiig sessio for villagers o disaster preparedess at Natutu village, Fiji islad. Rob Few, IFRC.
The checklist o law ad disaster risk reductio Pilot Versio, March 2015
Cotets The Checklist o law ad disaster risk reductio (pilot versio march 2015) 3 1. Itroductio 4 2. Purpose of the Checklist 5 3. Backgroud ad ext steps 5 4. Why use the Checklist o law ad disaster risk reductio? 6 5. How ad whe to use the Checklist 7 6. How to aswer the Checklist questios? 8 7. Follow-up Actios 16 2
The checklist o law ad disaster risk reductio (pilot versio march 2015) 1 2 3 4 5 6 7 8 9 10 Do you have a dedicated law for disaster risk maagemet that prioritises risk reductio ad is tailored to your coutry cotext? Do your laws establish clear roles ad resposibilities related to risk reductio for all relevat istitutios from atioal to local level? Do your key sectoral laws icorporate provisios to icrease safety ad reduce vulerability? Do your laws esure that sufficiet resources are budgeted for disaster risk reductio? Do your laws establish clear procedures ad resposibilities for risk assessmets ad esure risk iformatio is cosidered i developmet processes? Do your laws establish clear procedures ad resposibilities for early warig? Do your laws require educatio, traiig ad awareessraisig to promote a whole of society approach to disaster risk reductio? Do your laws esure the egagemet of civil society, the private sector, scietific istitutios ad commuities i risk reductio decisios ad activities? Do your laws adequately address geder cosideratios ad the special eeds of particularly vulerable categories of persos? Do your laws iclude adequate mechaisms to esure that resposibilities are fulfilled ad rights are protected? - 3
1. Itroductio Despite beig prevetable, disasters caused by atural hazards represet oe of the biggest threats to sustaiable developmet ad huma safety today. The umber of deaths caused by disasters per year i the last decade has bee, o average, 97,954 globally. I 2013 aloe, disasters cost US$ 118.6 billio, yet it was still oe of the lowest records of the decade. 1 It is clear that much more ca be doe to esure that atural hazards do ot tur ito disasters, i particular, by reducig risks ad stregtheig the resiliece of those exposed to atural hazards. Laws ad regulatios serve as a foudatio for buildig such resiliece. They are essetial to creatig a eablig eviromet for reducig risks posed by atural hazards, prevetig ew risks from arisig ad makig commuities safer. Sice the adoptio of the Hyogo Framework for Actio 2005-2015: Buildig the Resiliece of Natios ad Commuities to Disasters (HFA), ad followig the devastatig effects of recet large scale disasters, may coutries have sought to revise ad improve their legal frameworks for disaster risk reductio (DRR), especially by adoptig ew laws for disaster risk maagemet (DRM laws). Durig this process, may govermets have bee askig: What works? How ca we lear from other coutries goig through the same process? At the same time, umerous reports relatig to HFA implemetatio have idicated slow progress i reducig disaster risk at the commuity level, ad a lack of clear iformatio ad aalysis o the role of legislatio. To address this gap, i 2012, the Iteratioal Federatio of Red Cross ad Red Crescet Societies (IFRC) ad the Uited Natios Developmet Programme (UNDP) embarked i a joi iitiative aimed at supportig the stregtheig of domestic legislatio for disaster risk reductio (DRR). 3 The project evisaged the developmet of two products: a multi-coutry report o the DRR-related legislatio of 31 coutries, ad a te-poit Checklist o Law ad Disaster Risk Reductio. A sythesis report of the largest comparative study of legislatio for disaster risk reductio udertake to date, titled Effective law ad regulatio for disaster risk reductio: a multi-coutry report (IFRC, UNDP 2014), was lauched i Jue 2014, 4 alog with most of the coutry case studies o which it was based. The fidigs of the sythesis report ad case studies, together with the opiios ad experieces of stakeholders gathered through te cosultatios held aroud the world, were the used to develop the Checklist o Law ad Disaster Risk Reductio. (the Checklist). 1 See World Disaster Report 2014, 213. 2 For the purposes of this documet, DRM law meas a coutry s atioal law (or idetified esemble of laws) that establishes resposibilities, priorities ad istitutioal frameworks specifically for disaster risk maagemet, regardless of the exact termiology used i the law s title, or its traslatio. Disaster risk maagemet (DRM) refers to the systematic process of usig admiistrative directives, orgaizatios, ad operatioal skills ad capacities to implemet strategies, policies ad improved copig capacities i order to lesse the adverse impacts of hazards ad the possibility of disaster. This term is a extesio of the more geeral term risk maagemet to address the specific issue of disaster risks. DRM aims to avoid, lesse or trasfer the adverse effects of hazards through activities ad measures for prevetio, mitigatio ad preparedess 3 Disaster risk reductio (DRR) refers to the cocept ad practice of reducig disaster risks through systematic efforts to aalyse ad maage the causal factors of disasters, icludig through reduced exposure to hazards, lesseed vulerability of people ad property, wise maagemet of lad ad the eviromet, ad improved preparedess for adverse evets 4 See www.drr-law.org 4
2. Purpose of the Checklist The Checklist provides a prioritized ad succict list of te key questios that lawmakers, implemetig officials, ad those supportig them eed to cosider i order to esure that their laws provide the best support for DRR. It covers ot oly dedicated DRM laws but also other sectoral laws ad regulatios that are critical for buildig safety ad resiliece, as well as the eviromet, lad ad atural resource maagemet. The Checklist is desiged to: Serve as a assessmet tool to guide a review process of atioal ad local level laws ad regulatios that ca ehace DRR; Provide guidace o how to brig atioal legal frameworks i lie with existig iteratioal stadards, i particular, the Post-2015 Framework for Disaster Risk Reductio. The Checklist also aims to foster a more itegrated approach to disaster risk reductio by takig ito accout climate chage ad sustaiable developmet cosideratios withi the review of legislatio. 3. Backgroud ad ext steps This iitiative is fouded i both the Hyogo Framework for Actio 2005-2015 5 ad a specific madate from states at the 31st Iteratioal Coferece of the Red Cross ad Red Crescet i November 2011 (Resolutio 7). This resolutio ecouraged states, with support from their Natioal Red Cross ad Red Crescet Societies, the IFRC, UNDP, ad other relevat parters to review existig legislative frameworks i light of the key gap areas related to DRR idetified i a IFRC report to the Coferece. The resolutio called for states to assess whether their laws made DRR a priority (icludig through resource allocatio ad accoutability), ivolved commuities, civil society ad the private sector, ad facilitated the implemetatio of lad use plaig ad buildig codes. Followig two years of subsequet research, i Jue 2014, the IFRC ad UNDP lauched the results of the above metioed study o legislatio for disaster risk reductio. Based o the study s fidigs ad recommedatios the Checklist was developed. The te cosultatios o the cotet ad structure of the Checklist started i 2012, are listed below: Sessio at a Iteratioal Disaster Law Workshop for West Africa Stakeholders, September 2012 Expert Iceptio Workshop, Geeva, October 2012 Permaet Missios Cosultative Group, Geeva, May 2013 Sessio at the Aual Natioal Red Cross ad Red Crescet Societies Legal Advisers Meetig, Geeva, Jue 2013 Expert Workshop, Paama, October 2013 (cosiderig a zero draft ) Expert Workshop, Kuala Lumpur, February 2014 (cosiderig draft 1 ) 5 I particular, priority 1 Esure that disaster risk reductio is a atioal ad a local priority with a strog istitutioal basis for implemetatio. 5
Pre-coferece Cosultatio at 5th Africa Regioal Platform o Disaster Risk Reductio, Cosultatio o DRR Legislatio Towards a Checklist for Lawmakers (cosiderig draft 2 ), Abuja, May 2014 Regioal Cosultatio Meetig o Law ad Disaster Risk Reductio, Dakar, October 2014 Regioal Cosultatio Meetig o Law ad Disaster Risk Reductio, Nairobi, November 2014 Regioal Cosultative Meetig o Law ad Disasters, Toluca, Mexico, November 2014 A pilot versio of the Checklist is ow available for the World Coferece o Disaster Risk Reductio (WCDRR) i March 2015. The Checklist will the be piloted for use i three to four coutries from differet regios. The pilot process is expected to ivolve traiigs, legal mappig exercises, ad multi-stakeholder dialogues that will result i the idetificatio of key priority issues ad potetial follow up activities for the pilot coutry. Durig this process further feedback o the Checklist will be sought ad icorporated, i time for the fialisatio ad lauch of the Checklist at the 32d Iteratioal Coferece of the Red Cross ad Red Crescet i December 2015. Durig the Pilot Process, a more detailed hadbook will be developed to provide additioal detail ad guidace o how to use the Checklist ad what issues should be cosidered whe respodig to the Checklist questios. The hadbook will also provide the ratioale for each Checklist questio, examples of good practice from differet coutries as well as a suggested methodology for usig the Checklist for a i-coutry assessmet. The hadbook will also provide guidace as to how to orgaize coutry cotext assessmets ad how to idetify ad overcome implemetatio challeges, icludig by lookig at whether laws ad regulatios set realistic stadards i light of local capacity, resources ad culture. 4. Why use the Checklist o law ad disaster risk reductio? The role of legal frameworks i providig the eablig framework for disaster risk reductio was recogized by 168 UN member states i 2005 whe they adopted the HFA, ad is also ackowledged i the curret draft of the successor agreemet, the Post-2015 Framework for Disaster Risk Reductio. The curret draft of the Post-2015 Framework for DRR lists stregtheig goverace ad istitutios to maage disaster risk as oe of the 4 Priorities for Actio. A clear first step to promotig stroger goverace for disaster risk reductio is improvig relevat laws ad regulatios as well as stregtheig their implemetatio. The Post-2015 Framework thus calls for a umber of importat actios to stregthe legal frameworks as depicted i the box below. The Checklist will ot oly support implemetatio of commitmets made uder the Post-2015 Framework for DRR, it will allow coutries to beefit from over two years of comprehesive research through oe practical assessmet process. The Checklist will help to coutries to idetify: The stregths i the legal framework Where greater focus is eeded o implemetatio If draftig or revisig legislato is eeded 6
What does the post-2015 framework for disaster risk reductio say about legal frameworks? Review ad promote the coherece ad further developmet, as appropriate, of atioal ad local frameworks of laws, regulatios ad public policies Assig, as appropriate, clear roles ad tasks to commuity represetatives withi disaster risk maagemet istitutios ad processes ad decisio-makig through relevat legal frameworks. Udertake comprehesive public ad commuity cosultatios durig the developmet of such laws ad regulatios to support their implemetatio Ecourage the establishmet of ecessary mechaisms ad icetives to esure high levels of compliace with existig safety-ehacig provisios of sectoral laws ad regulatios, icludig those addressig lad use ad urba plaig, buildig codes, evirometal ad resource maagemet, ad health ad safety stadards, ad update them, where eeded, to esure a adequate focus o disaster risk maagemet Parliametarias are ecouraged to support the implemetatio of disaster risk reductio through developig ew or amedig relevat legislatio ad set adequate atioal ad local budget allocatios Review ad stregthe atioal laws ad procedures o iteratioal cooperatio, based o the Guidelies for the domestic facilitatio ad regulatio of iteratioal disaster relief ad iitial recovery assistace Draft text of the post-2015 framework for DRR (egotiated as of 28 Jauary 2015) The process by which the Checklist questios are discussed ad agreed upo may be as importat as the cotet of the aswers themselves. Give the multi-sectoral ad iter-discipliary ature of disaster risk reductio, respodig to the Checklist questios will require the egagemet ad cotributio of a rage of stakeholders from atioal to local levels, icludig govermet, civil society ad commuity represetatives. It is expected that the process of brigig these stakeholders together i a commo dialogue to respod to the Checklist questios will be a additioal beefit of the process. The expected outputs of usig the Checklist are: Aalysis A clear overview of the stregths ad gaps i the legal framework, both i terms of the cotet of the legislatio ad its implemetatio Priorities A idetificatio of priority areas to address i order to brig the legal framework i lie with iteratioal stadards, ad more specifically the Post-2015 Framework for DRR Dialogue Stregtheed dialogue ad uderstadig betwee differet actors ivolved i the regulatio of disaster risk reductio 7
5. How ad whe to use the Checklist The Checklist is iteded to esure that risk reductio ad resiliece are well itegrated ito ad supported by legal systems. It is ot desiged to comprehesively address all issues related to law ad disaster maagemet. It does ot specifically address disaster preparedess, respose or recovery, though plas are uderway to develop similar tools for these areas. Similarly, the Checklist is ot a model DRM law. The guidace provided i this Checklist is desiged to help prioritize DRR i dedicated DRM laws o oe had, ad sectoral laws o the other. Both areas of legislatio are equally as importat, ad as highlighted i the Checklist questios, o sigle law is able to completely address all aspects of DRR. Examples of whe to use the Checklist iclude: Whe determiig ext steps for the implemetatio of the Post-2015 Framework for DRR Whe embarkig o a review of existig laws, plas ad policies i the aftermath of a disaster Followig the adoptio of a ew policy or strategy that aims to make disaster risk reductio a atioal priority Prior to draftig a ew law or policy for disaster risk maagemet Whe reviewig legislatio for evirometal maagemet, atural resource/water/forest maagemet ad climate chage As a iitiative of a Natioal Disaster Risk Reductio Platform to icrease dialogue ad multistakeholder egagemet The methodology for usig the Checklist should be tailored to each coutry cotext ad their respective eeds. Though oe idividual or orgaisatio may iitiate the process for usig the Checklist, comprehesively aswerig the Checklist questios will require a thorough aalysis ad cosultative process ivolvig a rage of stakeholders. I some cases, existig mechaisms such as a atioal DRR platform may choose to udertake this review, allowig differet members to take part i the research ad aalysis. Disaster risk maagemet committees, project teams, ad programmes targetig resiliece may also choose to icorporate the use Checklist as part of their activities. 6. How to aswer the Checklist questios? This sectio provides a short explaatio ad additioal guidace o how to aswer each Checklist questio, icludig guidace o which laws should be reviewed. Further explaatio ad examples will be provided i the hadbook still to be developed. 1. Do you have a dedicated law for disaster risk maagemet that prioritises risk reductio ad is tailored to your coutry cotext? Dedicated atioal DRM laws (also sometimes a esemble of several laws) are importat for settig out key DRR priciples ad priorities, promotig a multi-hazard approach, recogisig rights of idi- 6 With regard to the regulatio of iteratioal disaster assistace, see the Guidelie for the domestic facilitatio ad regulatio of iteratioal disaster relief ad iitial recovery assistace at www.ifrc.org/dl. Plas have also bee made to prepare checklists for law ad respose as well as recovery followig the fialisatio of the Checklist o Law ad Disaster Risk Reductio. 8
viduals, ad clearly assigig resposibilities from atioal to local level. I some coutries, it may be equally importat to have laws of this kid also at the provicial level. Whe developig or revisig a DRM law, cosideratio should be give to the coutry risk profile, existig risk goverace capacity, ad how the laws relate to ad supports\the implemetatio of other relevat sectoral laws. a. Guidig questios: Does your DRM law set out key priciples ad priorities guidig the coutry s approach to disaster risk reductio? Are these priciples reflected throughout the text of the act? Does your DRM law create liks with ay legislatio ad istitutios related to climate chage adaptatio? Does your DRM law establish liks with ay key sectoral laws? Does your DRM law iclude ways to measure success ad implemetatio? b. Check laws ad regulatios o: Disaster risk maagemet/ emergecy maagemet/ civil defece law (as applicable) Specific hazards (such as law o storms ad floods, seismic protectio/earthquake, fire, drought) 2. Do your laws establish clear roles ad resposibilities related to risk reductio for all relevat istitutios from atioal to local level? To be effective, laws must clearly assig tasks ad resposibilities to all relevat miistries ad levels of govermet for their implemetatio. Experiece has also show that the istitutio assiged to be the focal poit agecy for disaster risk maagemet should be situated at a high eough level to effectively coordiate ad promote disaster risk reductio activities with differet departmets or miistries. Relevat istitutios from atioal to local level should also be cosistetly assiged the ecessary authority ad resources to carry out their madates ad resposibilities, with special attetio give to elected bodies at sub-atioal level ad commuity represetative istitutios. Focus should also be placed o developig DRR istitutioal capacities, ad establishig coordiatio mechaisms/platforms for iter-departmetal/agecy collaboratio o risk maagemet issues. a. Guidig questios: Do your laws madate a atioal focal poit agecy for disaster risk reductio with sufficiet istitutioal authority to exercise effective leadership? Do your laws esure cooperatio ad iformatio exchage betwee relevat miistries ad levels govermet with the atioal focal poit agecy? Do your laws appoit a atioal iter-miisterial/multi-sectoral committee with a clear madate for disaster risk reductio ad esure that it meets frequetly eough to be effective (i.e. ot just i the aftermath of a disaster)? Are istitutios from atioal to local level cosistetly assiged the ecessary authority ad resources to carry out their madates ad resposibilities? Is the divisio of resposibilities made sufficietly clear betwee differet miistries ad levels of govermet? 9
b. Check laws ad regulatios o: Disaster risk maagemet/emergecy maagemet/civil defece at the atioal, provicial ad local levels (as applicable) local govermet ad decetralizatio Specific hazards (such as law o storms ad floods, earthquake, fire, drought) 3. Do your relevat sectoral laws iclude provisios to icrease safety ad reduce vulerability? No sigle law ca fully address disaster risk reductio. Sectoral laws, especially those for developmet plaig, costructio, buildig, lad use, evirometal protectio ad resource maagemet, climate chage, social welfare ad educatio (whether at atioal, provicial or local levels), should also iclude provisios to reduce risk ad make people safer, based o up-to-date coutry risk profiles ad assessmets. Care should be take to avoid duplicatio ad improve coordiatio betwee sectoral miistries ad differet levels of govermet (for istace, betwee climate chage ad disaster related laws, or betwee atioal authorities ad city govermets). At the same time, provisios should facilitate the implemetatio of these laws, particularly where they affect huma safety. a. Guidig questios: Are there provisios that address DRR i relevat sectoral laws ad regulatios (see list below)? Is there ay duplicatio or coflictig provisios betwee these laws? Are sufficiet fiacial resources allocated for implemetatio of the DRR madates of sectoral legislatio? Special cosideratios for differet areas of law: Eviromet: Do your laws related to the eviromet require evirometal impact assessmets for plaed developmets that iclude DRR criteria (takig ito accout a chagig climate)? Do your evirometal laws address atural hazards ad the safety of people, their property ad livelihoods? Do your evirometal laws promote the use of eco-system approaches to disaster risk reductio? Natural resource maagemet Do your water resource maagemet laws iclude provisios aimig to reduce the risk of floods ad droughts? Do your forest or lad maagemet laws address risk of forest fires? Lad use plaig, urba developmet ad buildig Do your laws ad regulatios o developmet, plaig ad costructio promote coordiatio with disaster risk maagemet istitutios ad mechaisms? Do your buildig codes ad lad use plaig regulatios cover your etire territory ad esure that priority is give to schools, hospitals ad other public buildigs? 10
Do your laws ad regulatios iclude legal sactios, where appropriate, i cases of o-compliace leadig to usafe buildigs or developmets? Do you have laws related to lad use plaig or urba developmet provide improvemets i the safety of people livig i iformal settlemets, cosistet with their huma rights? Climate chage If you have legislatio o climate chage, does it promote coordiatio ad itegratio with disaster risk maagemet istitutios ad systems? b. Check laws ad regulatios o: Evirometal maagemet ad protectio Natural resource maagemet Water resource maagemet Forest maagemet Costructio Lad use plaig Urba developmet plaig Buildig Evirometal impact assessmets Climate chage adaptatio ad mitigatio Social welfare Isurace Educatio 4. Do your laws esure that sufficiet resources are budgeted for disaster risk reductio? Risk reductio ofte comes up as the loser i budgetig processes. This might be addressed by requirig itegratio of risk reductio ito developmet plas, earmarkig percetages i aual budgets, madatig budget lie items, establishig dedicated fuds, ad eve requirig cotributios from the private sector i certai circumstaces. Particular attetio should be paid to esurig that ay resposibilities that are decetralized to local authorities are properly resourced, icludig to develop local risk goverace capacity, ad that budgets are ot oly assiged but accouted for. Isurace or similar risk-sharig mechaisms also eed to ecourage a risk reductio approach rather tha subsidisig risky behaviours. a. Guidig questios: Do your laws esure sufficiet resource allocatio for DRR, through mechaism such as: Developmet plas? Earmarkig percetages i aual budgets? Madatig budget lie items? Establishig dedicated fuds? 11
If your laws decetralise resposibilities to sub-atioal authorities, are there provisios that esure a commesurate allocatio or other meas to geerate resources for these authorities to fulfil their resposibilities (such as capacity buildig iitiatives or atioal/local co-fudig icetives)? Are there measures or provisios i place to reduce implemetatio challeges for DRR fiacig, such as esurig a sustaied resource base ad reducig competitio with respose fuds? Do your laws promote disaster isurace ad/or other risk fiace mechaisms? b. Check laws ad regulatios o: Disaster risk maagemet/emergecy respose/civil defece Local govermet Developmet plaig Natioal budgetary policies ad processes Isurace Taxatio Ivestmet Private sector 5. Do your laws establish clear procedures ad resposibilities for risk assessmets ad esure risk iformatio is cosidered i developmet processes? A clear ad curret uderstadig of the specific hazards ad vulerabilities facig your coutry is idispesable, both to govermet authorities as well as to the private sector, commuities ad idividuals. Legislatio should provide for regularly updated risk mappig icludig both disaster ad climate risks (i.e both historical ad projected risks), ad ivolvig at risk commuities i the assessmet process, as well as puttig i place measures to improve techical ad istitutioal capacities at all levels. It should also require that risk iformatio is dissemiated appropriately ad iforms all ivestmet decisios i developmet plaig ad costructio. a. Guidig questios: Do your laws require the udertakig of regular hazard ad vulerability mappig ad risk assessmets, icludig both disaster ad climate risks, ad clearly assig these tasks to appropriate authorities? Do your laws or policies provide for at-risk commuities to be ivolved i the risk assessmet process? Do your laws require risk iformatio to be cosidered i developmet plaig ad costructio? b. Check laws ad regulatios o: Disaster risk maagemet/emergecy respose/civil defece Lad use plaig Buildig ad costructio Water maagemet 7 The expressio ed-to-ed warig system is used to emphasize that warig systems eed to spa all steps from hazard detectio through to commuity respose kowledge of the risks; i.e. from moitorig, aalysis ad forecastig of the hazards; commuicatio or dissemiatio of alerts ad warigs; ad local capabilities to respod to the warigs received. 12
Climate chage Evirometal impact assessmet 6. Do your laws establish clear procedures ad resposibilities for early warig? Laws ad procedures addressig early warig should clearly establish roles ad resposibilities, ot oly for techical miistries but also commuities, local authorities, private media compaies, scietific istitutios ad civil society orgaizatios. This ca be doe by, for example, itegratig commuity-based early warig systems (EWS) with official/atioal EWS ad assigig commuity represetatives with maiteace or oversight resposibilities. Legislatio should foster ed-toed 7 ad multi-hazard early warig systems that ca also foster stroger parterships ad iteristitutioal cooperatio i iformatio dissemiatio ad the maagemet of EWS, esurig that early warigs are accessible ad uderstood by all those at risk. Additioally, cosideratio should be give to icludig accoutability mechaisms withi legislatio for failure to fulfil resposibilities or for misuse of early warig systems. a. Guidig questios: Do your laws clearly assig resposibilities for all steps of the early warig process from assessig the hazard to makig decisios to issue warigs? Do your laws address the roles of techical miistries as well as commuities, local authorities, scietific istitutios, private media compaies ad civil society orgaizatios i early warig systems? Do your laws require EWS for the most frequet ad serious hazards? b. Check laws ad regulatios o: Disaster risk maagemet/emergecy respose/civil defece Disaster maagemet ad respose plas Cotigecy plas Climate chage 7. Do your laws require educatio, traiig ad awareess-raisig to promote a whole of society approach to DRR? To be resiliet, commuities must be iformed about ad egaged i reducig their ow risks. Legislatio should establish or promote special traiig facilities ad educatio through various meas ad for public sector workers ad professioals, madate traiig o disaster risk reductio ad respose i school curricula, ad require disaster preparedess drills i high risk areas. Provisios relatig to public awareess ad uderstadig of DRR should iclude specific guidace for implemetatio. Where relevat, attetio should also be paid to buildig upo or formally recogisig existig customary laws that promote commuity uderstadig ad owership of DRR iitiatives. a. Guidig questios: Do your laws or codes madate traiig o disaster risk reductio i the school curricula? Do your laws establish or promote traiig for public officials ad relevat professioals o DRR? 13
Do your laws iclude provisios o promotig public awareess ad uderstadig of DRR with specific guidace for implemetatio? b. Check laws ad regulatios o: Disaster risk maagemet/emergecy respose/civil defece Educatio Local govermet 8. Do your laws esure the egagemet of all relevat stakeholders, icludig civil society, the private sector, scietific istitutios ad commuities i risk reductio decisios ad activities? Most govermetal officials readily ackowledge that they caot prevet disasters aloe. However, good itetios to collaborate with civil society ad, private sector actors, ad to seek better represetatio of commuities, wome ad vulerable groups, have ofte prove isufficiet to esure their sustaied egagemet i decisio-makig processes ad i the implemetatio of risk reductio activities. Legislatio should guaratee this egagemet. Specific provisios may be eeded to esure meaigful egagemet of wome, miorities, people with disabilities ad older persos. a. Guidig questios: Do your laws require commuity represetatio i DRR decisio-makig bodies ad processes? Do your laws require represetatio of civil society orgaisatios ad your Natioal Red Cross/Red Crescet Society i decisio-makig istitutios ad processes? Are civil society orgaisatios ad Natioal Red Cross/Red Crescet Societies give specific roles or duties withi your DRR laws? Are there legal provisios which esure meaigful egagemet ad represetatio of wome, miorities, people with disabilities ad older persos? Do your laws address the participatio of private sector actors i both decisio-makig bodies as well as DRR activities? Do your laws esure that the best available scietific resources ad aalysis iform developmet ad DRR decisios? b. Check laws ad regulatios o: Disaster risk maagemet/emergecy respose/civil defece Natioal Red Cross/Red Crescet Society Natioal Disaster Risk Reductio Platform Civil Society ad NGOs Local govermet Isurace Taxatio Ivestmet 14
9. Do your laws adequately address geder cosideratios ad the special eeds of particularly vulerable categories of persos? It is ow widely ackowledged that atural disasters predictably have disproportioate impacts o certai categories of persos, either due to special vulerabilities ad/or the ifluece of social structures ad practices. These categories may vary betwee coutries ad localities, but they commoly iclude wome, the very poor, older persos, childre ad people with disabilities, amog others. Laws ca esure a adequately disaggregated aalysis to detect groups facig icreased risk ad require that certai measures be udertake to icrease their safety ad resiliece. For example, legislatio may require that evacuatio cetres are made accessible to people with disabilities, or that geder differeces are take ito accout whe developig DRR strategies or cotigecy plas. a. Guidig questios: Do your laws esure a proper aalysis as to which categories of persos may be most vulerable or exposed to disaster risks (takig ito accout the global experiece showig that groups such as wome, older people, persos with disability ad the very poor are especially likely cadidates)? Are specific resposibilities assiged to istitutios to take the eeds of these groups ito accout? Do your laws esure that geder specific eeds or cosideratios are take ito accout? Do your laws esure that the specific eeds of other groups with particular vulerabilities are take ito accout? b. Check laws ad regulatios o: Disaster risk maagemet/emergecy respose/civil defece Disaster maagemet ad respose plas Disability Huma rights ad equal opportuity Health Social welfare Family law Costitutio 10. Do you have adequate mechaisms to esure that resposibilities are fulfilled ad rights are protected? Legislatio ca set out eforceable icetives ad disicetives to esure that officials fulfil their resposibilities related to DRR ad to dissuade idividuals ad the private sector from puttig themselves or others at uacceptable risk. Such accoutability mechaisms iclude fiacial icetives, parliametary oversight ad trasparecy requiremets, ati-corruptio measures as well as legal ad/or admiistrative sactios for particularly egregious failures to fulfil resposibilities. Legislatio ca also set out pertiet rights, icludig the right to disaster iformatio ad the right to a safe ad healthy eviromet, ad provide ecessary ad accessible mechaisms for their protectio ad fulfilmet. Awareess raisig ad dissemiatio iitiatives should be coducted to improve uderstadig ad implemetatio of these rights, obligatios, icetives ad disicetives ad to build a culture of respect for them. 15
a. Guidig questios: Do your laws establish public reportig or parliametary oversight mechaisms for govermet agecies tasked with DRR resposibilities? Is this iformatio required to be publicly available i a accessible format, such as through ope websites? Is there a madated role of the judiciary i ehacig accoutability for DRR? Do your laws iclude icetives for compliace with laws ad regulatios for DRR? Do your laws establish rights relevat to DRR, icludig the right to disaster iformatio, ad iclude detail o how they will be eforced? Do your laws establish legal ad/or admiistrative sactios (as appropriate) for public officials, idividuals ad busiesses for a gross failure to fulfil their duties? b. Check laws ad regulatios o: Costitutio Disaster risk maagemet/emergecy respose/civil defece Crimial law Civil liability Tort law/egligece Admiistrative law Huma rights 7. Follow-up Actios No legal framework is perfect, ad it is ievitable that there will be gaps or improvemets eeded i the implemetatio of at least some laws i every coutry. Usig the Checklist will eable a idetificatio of existig stregths ad gaps, promptig a cosideratio of whether chages i law or practice are warrated ad which issues are a priority withi idividual coutry cotexts. I developig proposed activities to address key gaps or weakesses, it may be helpful to cosider the followig activities: More i-depth research ito a particular issue or area of law Wider cosultatio with stakeholders, particularly at local levels Awareess raisig activities to address implemetatio challeges, such as public iformatio sessios, traiigs, developmet of commuicatio products, ad evets or performaces Amedmets to existig laws or regulatios to address DRR cocers or to reduce overlap or coflict with other laws Itroductio of ew laws or regulatios i areas ot curretly covered by existig legislatio If legislative reform is eeded, there are a umber of factors to take ito accout to ehace its implemetatio. Legislatio related to disaster risk reductio should be developed through a iclusive process, with active participatio of all relevat miistries ad levels of govermet, subject matter experts as well as civil society orgaizatios, the private sector, academics ad idividuals, icludig wome. While major disasters ofte create a political opportuity to improve legislatio rapidly, cosultatios should ot be eglected. Additioally, implemetatio of legislatio ca be ehaced through the developmet of a implemetatio pla that idetifies resources to be used, traiigs to be coducted, key milestoes ad timeframes. Resposibilities should be clearly idetified, ad progress reports required i order to keep track of implemetatio challeges ad achievemets. 16
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This iitiative is part of a partership betwee the Iteratioal Federatio of Red Cross ad Red Crescet Societies ad the Uited Natios Developmet Programme o the role of legislatio i disaster risk reductio. The developmet of the Checklist o Law ad Disaster Risk Reductio would ot have bee possible without the support of the followig sposors: The cotets of this publicatio do ot ecessarily reflect the official views of the doors.