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  • Legal and Institutional Arrangements (LIA)

    Framework Guidebook Bangladesh Urban Earthquake Resilience Project

    February 2014

  • Earthquakes and Megacities Initiative Puno Building, 47 Kalayaan Avenue, Diliman, Quezon City, Metro Manila, Philippines 1101 T/F: +632 9279643; T: +632 4334074 www.emi-megacities.org

  • Legal and Institutional Arrangements (LIA)

    Framework Guidebook

    Bangladesh Urban Earthquake Resilience Project February 2014

  • Bangladesh Urban Earthquake Resilience Project 54 LIA Framework Guidebook

    Contributors

    Practice Leaders Atty. Violeta Somera-Seva, Legal and Institutional Arrangements Practice Leader Barrister M.D. Nuruzzaman, Legal and Institutional Arrangements Local Government Institutions Expert

    EMI Project Management Team Dr. Engr. Fouad Bendimerad, Team Leader Dr. Jamilur Choudhury, Senior Technical Advisor Dr. Mehedi Ansary, Deputy Team Leader Mr. Jerome Zayas, Project Manager Dr. Ahmadul Hassan, Local Project Coordinator EnP. Joyce Lyn Salunat-Molina, Project Coordinator Mr. Jose Mari Daclan, Technical Writer Mr. Moses Kent Borinaga, Emergency Management Specialist Ms. Ishtar Padao, Research Assistant Mr. Zikrul Fahad, Local Research Assistant Ms. Marivic Barba, Research Assistant for DRR Mr. Lluis Pino, Research Intern Mr. Leo Bourcart, Research Intern Ms Tanya Mia Hisanan, Layout Artist

    World Bank-South Asia Mr. Marc Forni, Senior Disaster Risk Management Specialist Ms. Swarna Kazi, Disaster Risk Management Specialist Md. Faruk Hossain, Operations Assistant

    Copyright © 2014 World Bank and EMI

    This document is jointly owned by World Bank and Earthquakes and Megacities Initiative. Permission to use this document is granted provided that the use of the document or parts thereof are for educational, informational, non- commercial, and personal use only. WB and EMI must be acknowledged in all cases as the source when reproducing or using any part of this publication.

  • Bangladesh Urban Earthquake Resilience Project 5

    LIA Focus Group Members

    Netai Dey Sarker, AD (GIS), DDM Abdul Latif Helaly, Executive Engineer, RAJUK Md. Abdus Salam, Senior Research Engr.,HBRI Md. Sirajul Islam, Chief Town Planner, DSCC Md. Rezaul Islam, Cantonment Executive Officer, Dhaka Cantonment Board Abdullah AL-Mamun, Asst. Chief Architect, Dept. of Architect Dr. Abdur Razzak, Executive Engineer, DNCC Dr. KZ Hussain Taufiq, Director (Planning), RAJUK Ms. Syeda Rezwana Hasan, Chief Executive, BELA Md. AfzalusRahman, Deputy Secretary, Bangladesh Bar Council Md. Shamsul Azam, Deputy Conservator of Forest, Forest Department Md. Quamrul Hasan, Deputy Secretary, MoDMR Dr. Mahbuba Nasrin, Board Member, BAPA Engr. Anisuzzaman Bhuiyan Rana, Secretary General, REHAB Sheikh Hafizur Rahman (Karzon), Associate Prof., Department of Law, DU Mr. Md. Abdur Rakib, Deputy Chief, Ministry of Land Naren Das, Deputy Secretary, Ministry of Law K.F.M Jasmeen Akhter, Deputy Secretary (Development),MoLGRD Mr.Quzi Munirul Islam, Deputy Chief, Ministry of Environment

  • Bangladesh Urban Earthquake Resilience Project 76 LIA Framework Guidebook

    Executive Summary

    Mainstreaming risk to build resilient cities

    By putting processes and practices in place that integrate urban disaster risk reduction (DRR) in key governance functions such as land use and urban development planning, construction and building licensing, environmental management, social welfare, and other services that they provide and regulate, local authorities can provide the framework for building the resilience of their cities. This process of incorporating risk management in the governance and operations of public and private institutions, referred to as mainstreaming, can be facilitated by developing and modifying laws, policies, institutional arrangements, plans, programs and projects.

    Mainstreaming provides the framework for building resilience against disasters because it helps to provide a common vision for city stakeholders, lays out a uniform road map, and facilitates the mobilization of collective resources. Mainstreaming DRR requires decentralizing political power and devolving administrative functions from national agencies/ ministries to city corporations. This gives more responsibilities to the local governments, but it also provides them with the opportunity to implement DRR programs based on their needs. This approach to disaster risk management is based on the premise that effective local action is critical to success in the implementation of government DRR policies and program. Local authorities and local communities are the primary resource to implement and support the disaster reduction strategies defined by policymakers. Some of the benefits of decentralization include: more active participation of the local government in developing and implementing local DRR policies and programs, the potential for stronger accountability since decision-makers and service providers are more accessible to the people, and

    stronger alignment of the interests of politicians and citizens because they are exposed to the same disaster risks.

    LIA analysis: First step to mainstreaming

    LIA investigation is undertaken as a first step towards helping city officials and personnel understand the features of the legal and institutional environment that support and hinder urban DRM. This basic understanding, achieved through a highly participatory process, is a prerequisite to effectively and efficiently address disaster risks at the local level. LIA analysis, as a component of a holistic disaster risk management planning process, has been undertaken in megacities such as Mumbai, Kathmandu, Amman, Aqaba, and Metro Manila.

    Methodology

    LIA refers to the prevailing legal and institutional arrangements in a particular DRM system, from national legislation and platforms, to local ordinances and committees, to community- based protocols and organizations. In general, LIA analysis involves two tasks: (1) identifying all relevant DRM actors and their respective mandates; and (2) examining how these actors are legally mandated to interact and how they actually interact in relation to performing their DRM duties and responsibilities.

    Understanding what laws are in place to support DRM, which institutions are concerned with DRM, what their mandates are, and how these institutions relate with one another, particularly the nature of their relationships and how information is exchanged between them, are important aspects in the analysis of the effectiveness of a country or a city’s existing disaster risk management practice. The legal aspect of the analysis is focused on examining the policy environment, as characterized by

  • Bangladesh Urban Earthquake Resilience Project 7

    laws, regulations and other written policies, which provide the legal basis for national and local-level DRM activities. The institutional aspect looks into the administrative and operational capabilities of the different organizations involved in DRM, across various functions such as risk identification, information dissemination, planning, policy formulation and enforcement, and inter- organizational and cross-sectoral coordination.

    The LIA investigation process carried out in Dhaka makes use of a three-pronged approach that triangulates the findings and analyses from these key methods: (1) Desk research, (2) Use of analytical tools (organizational mapping, DRM functional mapping, network analysis, Strengths, Weaknesses, Opportunities and Challenges (SWOC) analysis and gaps analysis), and (3) Field work (key informant interviews, focus group discussions, workshops, surveys, and others). Because many aspects of the LIA analysis are contextual and not fully understood and documented, a process for the validation of findings and analyses with the stakeholders must also be undertaken at each stage. All of the activities conducted in the course of the LIA investigation are designed to engage all relevant stakeholders, especially the concerned officials and personnel of local authorities. This participatory process does not only guarantee that it is inclusive and that all sides are heard, it also ensures that all LIA outputs are thoroughly vetted and validated.

    LIA analysis process

    The investigation process is composed of five phases, with the outputs of each phase contributing to the accomplishment of the objectives of the succeeding phases.

    Preparation

    Initial scoping is conducted to gain a preliminary understanding of the current enabling

    environment for DRM in Bangladesh, as well as to identify the relevant key institutional stakeholders. This is accomplished through the review of secondary sources of information and consultations with local experts. Representatives from the identified organizations are then invited to form part of the LIA Focus Group. The schedule of investigation activities is also developed and finalized at this time.

    Data collection

    In-depth interviews with focal officials of key DRM-related offices are conducted, making use of guide questions developed based on the data gathered from desk research. These interviews are supplemented by the FG meetings, where issues relevant to the LIA investigation are explored in detail. Several tools are also used, such as organizational static mapping and DRM functional mapping, network analysis and the gaps analysis.

    Through the use of these tools, the key institutions involved in D

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