Introduction to Prevailing Legislation

• Purpose:

• Illustrate shifts in trends in disaster-related legislation.

• Give examples of current language and emphasis in recent legislation/legislation in process

Disaster-related legislation constantly evolves

• 1970s - 1980s emphasis on strengthening preparedness and relief capacities, and reflected in a wide range of ‘Civil Protection’ legislation

Eg Robert T. Stafford Disaster Assistance and Emergency Relief Act

to provide orderly/continuing means of assistance by:

1) revising & broadening scope of existing disaster relief programs

2)encouraging dev. of comprehensive disaster preparedness & assistance plans, programs, capabilities and organisations.

Cont...

3) achieving greater coordination and responsiveness of preparedness and relief programs.

4) encouraging individuals, States and local govts to protect themselves by obtaining insurance….

1990s International Decade for Natural Disaster Reduction (IDNDR)

• Global drive to better incorporate considerations of natural risks into emergency and development policies and plans…

• but worst decade on record for disaster losses …. ‘ Decade of Natural Disasters’

Next Generation of Disaster Legislation

• Informed by: increasing disaster losses globally &

improved media access to these events. Emergence of other agendas … sustainable

development, environmental protection. Participatory governance and civil society Burgeoning hazards/risks research

In Southern Africa, influences driven by

• Massive and recurrent droughts in 1990s ->underlined gaps in disaster management capacities.

• More recent flood events.

• Declining focus on humanitarian crises (ie refugee/IDP crisis in Mozambique)

Examples of Shifting Emphasis

• US Mitigation Act of 2000

• NZ Draft Civil Defence and Emergency Management Act of 2000

• Draft Mozambican Bill on Disaster Management of 2001

Examples of focusa) US Act

• To reduce loss of life, property, human suffering, economic disruption & disaster assistance costs resulting from natural disasters

• To provide a source of predisaster hazard mitigation funding to assist States and local govts (incl Indian tribes) in implementing effective hazard mitigation.

b)NZ Draft CDEM Act:Purpose

• To improve and promote sustainable management of hazards in a way that contributes to the social, economic, cultural and environmental well-being and safety of the public and protection of property.

• Encourage and enable communities to achieve acceptable levels of risk...

c)Draft Mozambican Bill on Disaster Management

• The following are fundamental objectives of disaster management.

Development of policies, strategies, … and operational programs which aim at prevention, relief, and rehabilitation in the event of disasters.

Reduction in the level of risk and vulnerability

Prevailing emphasis on decentralised responsibility

• Eg Sec 101 (US legislation)

4) … high priority should be given to mitigation of hazards at local level: and

5)with a unified effort of economic incentives, awareness, education, technical assistance and demonstrated Federal support, States and local govts will be able to… (eg form effective community-based partnerships)

…Technical and financial assistance

Shall be used by States and local govts

To: implement pre-disaster hazard mitigation measures that are cost-effective, and

I) support public-private natural disaster mitigation partnerships

ii) improve assessment of a community’s vuln. to natural hazards.

Iii) est. hazard mitigation priorities & approp hazard mitigation plan for a community

Eg Mozambican draft bill

• ‘The carrying out of disaster management actions should take place in a decentralised manner, taking into consideration the conditions of each geographic area or administrative region….’

Moz cont...

• ‘citizens have a right to information about serious natural/human risks to which they are exposed… and about measures already adopted, aiming at minimising the effects of disasters’

Balancing individual rights and responsibilities- Moz cont...

• (Disaster management) is achieved through a multidisciplinary a multidisciplinary and multisectoral activity, involving all society’s structures and ensuring the participation of individual citizens, so as to guarantee not only promptness and efficiency in response to an actual disaster, but also to prevent its impacts from occurring

Language around engaging scientific/research institutions

• US Act to strengthen research or needs on disaster-related needs in Indian Tribes… ie “ survey participation by Indian Tribes in training, predisaster and post-disaster mitigation, disaster preparedness and recovery programs at Federal and State levels”

Moz legislation“Cooperation with technical and Scientific

Research Agencies”

1. Public/private agencies with specific skills in tech/scientific research with interest in pursuing disaster management objectives should cooperate with the organ responsible for disaster mgmt leadership

2. Cooperation includes…b) eg ‘study on adequate protection methods for people in general, for buildings…essential services’

Moz cont..

• ‘Public awareness aims at explaining to populations the nature and objectives of disaster management, alerting them to the responsibilities of each individual and senistizing them to matters of self-protection’.

Other useful language/emphases

• Roles of volunteers… “the Social value of voluntarism” … “The State recognises the social value of voluntarism as an expression of the free exercise of an active and solidary citizenry and promotes and guarantees its autonomy and diversity”.

? International/Regional Aspects of Disaster Management

• Eg “promote within neigbouring countries, the establishment of systems of early alert and warning about impending disaters of meterorological, hydrological and geological nature… explore all cooperation possibilities in areas of prevention, prediction, preparedness, response and post-crisis management

…cont..

• Promote and favour cooperation and solidarity between… disaster management organisations at regional and international levels.

• Promote/encourage cooperation in the area of training personnel specialised in disaster management, as well as exchange of experience and information...

Cont...

• Reduce obstacles to humanitarian assistance actions and of post-crisis mgmt simplifying & reducing to lowest possible level, admin customs and other barriers related to the entry, stay and exit of people and goods.

• Serving as a transit country for aid of other States devastated by disasters, the Cabinet shall create mechanisms of urgent response.