1. 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

2. 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?

3. 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

4. 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

5. 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

6. 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…

7. 32nd International Conference of the RCRC December 2015, Geneva (cont
Pledge options:
For information
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

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

9. 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

10. 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

11. 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)

12. 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).