Saving lives, changing minds. IDRL Disaster Law The Haiti Project Panama, 19 September 2013 IFRC Disaster Law Programme

Saving lives, changing minds. The Disaster Law Programme  Created in 2001 by a resolution of the RC RC Council of Delegates  The Disaster Law Programme works in 3 areas:  Technical Assistance  Capacity Building  Advocacy, dissemination and research

Saving lives, changing minds. The IDRL Guidelines  Adopted by consensus by the XXX International Conference in 2007  Compile existing international standards and best practices  Recommendations to governments on how to prepare the national laws and procedures for international assistance  Implementation - new laws in at least 10 countries; IDRL projects in more than 20 countries and Model Legislation

Saving lives, changing minds. Project in Haiti 2010 Earthquake2011 IDRL Report2012 IDRL Consultant2013 DL Delegate

Saving lives, changing minds. The IDRL Report in Haiti  Developed in 2010 and 2011 in cooperation between CRH and IFRC and in consultation with various governmental actors, national and international  Analyses the international response to the earthquake of 12 January 2010:  Problems encountered  Mechanisms put in place  National legislative framework  Makes recommendations to the Haitian government in accordance with the IDRL Guidelines

Saving lives, changing minds. Achievements  Comments provided to 2 Bills:  Importation of Medicines during an Emergency  Facilitation of Communications during an Emergency  Establishment with DPC and PAM of an inter- ministerial working group to work on Customs Clearance of Humanitarian Goods during Emergencies  Disaster Law workshop during the Association of Caribbean States (ACS) Heads of States Summit  Pétion Ville Declaration adopted by the ACS Heads of States, committing to legal preparedness on IDRL issues

Saving lives, changing minds. Shelter Law  Desk-study report on the Regulatory barriers to the provision of emergency and transitional shelter  Lack of land registration  Work needed on conflict resolution and expropriation  An additional field-study report has been prepared  Practical implications of the legal gaps: interviews with stakeholders

Saving lives, changing minds. Objectives for 2013  Development of a National Action Plan on the facilitation and regulation of international disaster assistance by the DCP and other government entities  Bi-national conference with Dominican Republic to continue the dialogue on IDRL issues  Training of the HRC, government, and partner IGOs and NGOs to improve their skills and knowledge on Disaster Law  Additional technical assistance aiming at the adoption of new laws, regulations and procedures.

Saving lives, changing minds. Scope for work in 2014  Supporting the implementation of the National Action Plan  Supporting the ongoing working group on Customs clearance of humanitarian goods during emergencies  Bilateral initiatives with Dominican Republic  Addressing the regulatory barrier on emergency and transitional shelter

Saving lives, changing minds. Lessons Learned Legal Operational  In a major international relief operation, legal risks and challenges are inevitable.  An IFRC legal delegate should be deployed for a temporary period onsite in the early days of the operation.  Second wave deployment for recovery and preparedness Disaster Law  Advocacy and technical support on IDRL at the early stages of the response operation  DL should be included in any HD Plan of Action  Disaster Law should be part of any recovery plan of action  Many legal issues could be avoided through national legal preparedness prior to a disaster.

Saving lives, changing minds. Conclusion and ways forward  Pilot deployments of a legal delegate to support large emergency operations (FACT/RIT)  Future deployments of a disaster law delegate through the Shelter Cluster and other appropriate mechanisms related to the overall relief effort  Integrate IDRL work as part of the IFRC’s standard recovery work in disaster-affected countries  Place special emphasis on IDRL advocacy in disaster prone countries as a preparedness measure Coordination and information sharing with humanitarian partners Liaison and negotiation with relevant officials Collaboration and support to HNS and PNS on common legal concerns Direct advice to IFRC operation Deployed Legal Delegate

FOR FURTHER INFORMATION ON DISASTER LAW, PLEASE CONTACT: In Geneva David Fisher, Global Disaster Law Programme Coordinator phone: In Panama City Isabelle Granger, Americas Disaster Law Programme Coordinator phone: In Haiti Rocio Escauriaza, Disaster Law Delegate phone: +509 Addis Ababa Ida Marstein, Africa Disaster Law Programme Coordinator phone: In Kuala Lumpur Tessa Kelly, Asia-Pacific Disaster Law Programme Coordinator phone: In Suva Finau Limuloa, Humanitarian Diplomacy Delegate for the Pacific phone: