Regional Disaster Law Forum 10 – 11 June, 2015 Bangkok, Thailand Disaster Law at the International Level: Global commitments Regional Disaster Law Forum 10 – 11 June, 2015 Bangkok, Thailand

Overview of key global commitments 31st International RCRC Conference 2011 Resolution 7 and SEA disaster law pledge WCDRR 2015 in Sendai International Law Commission ‘draft articles’ 32nd International RCRC Conference 2015: new DL resolution and pledge?

31st International Conference 2011 Resolution 7 and Disaster Law Pledge International Conference of the Red Cross and Red Crescent in 2011 adopted Resolution 7: calls on states and NS to review and strengthen existing legal frameworks for IDRL and DRR Southeast Asian National Societies made a joint pledge to strengthen disaster laws and a commitment to support governments to develop improved legislation, policy and procedures for IDRL and DRR and strengthen the role of Red Cross in this process Some govts also made DL pledges including Thailand and Philippines

Sendai Framework for DRR 2015 - 2030 Importance of legislation identified in Priority 2: Strengthening disaster risk governance to manage disaster risks. This includes: Improve levels of compliance with existing safety-enhancing sectoral laws and regulations (building codes, urban planning) Assign clear roles to community representatives within legislation Also calls upon states to review and strengthen national laws and procedures on international cooperation, based on the IDRL Guidelines

The work of the International Law Commission “Draft articles on protection of persons in the event of disasters” Subsidiary organ of the UN General Assembly 34 experts entrusted with the progressive development of international law Draft articles focus on international assistance (adopted as draft in 2014) May be proposed as a draft treaty in 2016 Highlights need for stronger regulation at the international level

32nd International Conference of the RCRC December 2015, Geneva The issue of IDRL / international assistance will be raised again at the International Conference this year. A new disaster daw resolution will be proposed Suggested elements of the disaster law resolution will include: Accelerating progress in the facilitation and regulation of international disaster response Strengthening laws for disaster risk reduction New theme: providing supportive legal frameworks for saving lives through first aid (together with Global First Aid Reference Centre) Your feedback on these themes is important! To be discussed this afternoon…

32nd International Conference of the RCRC December 2015, Geneva (cont Pledge options: For information www.rcrcconference.org Pledge database will soon be launched for pledging! Reporting questionnaire will be included on your USB! ‘Specific’ pledge ‘Open’ pledge On a specific topic e.g. disaster law, or one of the disaster law themes. Can be pledged individually by a NS or government; or jointly e.g. joint regional NS & govt pledge on disaster law More like a ‘petition’ Can be initiated by any conference member Whoever initiates it is responsible for implementation

Focus on International Disaster Response Law (IDRL) and accelerating progress in the facilitation and regulation of international disaster relief Panel Discussion

Background Since 2001, the Red Cross Red Crescent and their partners have been drawing attention to regulatory problems in international disaster response operations In 2007, the IDRL Guidelines were adopted by the 30th International Conference of the RC/RC to address this There has been important progress since then, but there are still many states that have yet to adopt clear rules and procedures Regulatory problems continue to hamper relief operations

Diplomatic context In 2011, the 31st International Conference reiterated the urgency for states to improve their legal preparedness In Aug 2014, the International Law Commission adopted the first reading of its “Draft articles on the protection of persons in the event of disasters” In Dec 2015, the International Conference will again take up the issue In May 2016, the World Humanitarian Summit will convene in Istanbul, addressing, among other things, issues of humanitarian effectiveness

Objectives of the panel session Review the experience of regulatory issues in international operations and the development of national regulatory frameworks Discuss potential solutions to increase the pace of development of regulatory approaches (including as one option, further strengthening of the global legal framework) Propose recommendations for the 32nd International Conference on these issues (can also be considered at the World Humanitarian Summit)

Some questions to consider… What regulatory challenges in international disaster response have you identified / witnessed in your experience? What measures can be taken to speed up progress in developing national laws and procedures for facilitating and regulating international disaster assistance? Would a global treaty on disaster cooperation add value, and would this be politically possible to achieve? Would this help to improve the development/strengthening of national laws and procedures, or can non-binding initiatives solve key regulatory challenges? What are your thoughts on a regional vs. international approach? Recommendations will also be discussed in the final session of the DL forum (no personal attribution will be recorded).