1

INTERNATIONAL DISASTER RESPONSE LAWS (IDRL) TRAINING FOR NATIONAL

ASSEMBLY MEMBERS 17th SEPTEMBER, 2014

WOODPECKER RESORT- BANJUL, THE GAMBIA

Organized by the Gambia Red Cross Society (GRCS) in collaboration with the National Disaster Management Agency (NDMA) with support from the International Federation of Red Cross and Red Crescent Societies (IFRC) Preface Following the first IDRL training held in June 2014 in the Gambia, which brought a common understanding about the benefits of timely and well-coordinated international response with specific reference to the IDRL guidelines, the GRCS together with the NDMA and IFRC saw the necessity to conduct a similar training for parliamentarians. Objectives of the Workshop

• To increase participants understanding of the legal frameworks and policies that exist in the Gambia to regulate disaster risk management.

2

• To learn about the International Disaster Response Law (IDRL). • To bring together parliamentarians to share practical experiences in disaster response

and in particular about international assistance and response to disasters. • To develop a shared understanding of potential legal problem areas for international

disaster assistance in the Gambia. • To provide workshop participants with a general understanding of the IDRL Guidelines

and other international and regional instruments for international disaster response. • To explore the potential of using the IDRL Guidelines and the IDRL Model Act to develop

new legal instruments for improving facilitation and regulation of border crossing disaster assistance into The Gambia.

Opening Ceremony The opening ceremony was chaired by Mr. Buba Darboe, the Ag. Program Manager and Head of Disaster Management & Food Security Department (GRCS). He provided a brief introduction of the program and welcomed everyone to the workshop. The dignitaries to the ceremony were:

• Fatou B. Gaye – Ag. Secretary General, GRCS • Essa Khan – Legal Consultant • Hon. Fatou Mbye – Deputy Speaker • Mustapha Saine – Vice President, GRCS • Alhagie Sanneh – Executive Director, NDMA

Brief explanation of the International Disaster Response Law (IDRL): Why does the legal framework matter in disaster response? This was delivered by the GRCS Ag. Secretary General, Fatou B. Gaye. She gave an explanation of Disaster Law with particular reference to legal and regulatory frameworks that apply to international disaster assistance. In her speech, she expressed her delight to the National Assembly Members (NAMs) for positively answering to this call. She made remarks about the collaboration between the GRCS, the NDMA and the IFRC in raising people’s awareness on IDRL. With reference to the first IDRL training held June 2014, she explained that the GRCS deemed it prudent to have a session on IDRL with the parliamentarians to ease its application in the Gambia. She further explained that while this workshop will focus on the aspect of international (border-crossing) assistance, the Red Cross Movement is also practically working on the other phases, from preparedness, Disaster Risk Reduction (DRR), building local capacities for disaster response to recovery from disasters. Legal disaster frameworks will be of great importance in trying to overcome the problems faced during disaster response, especially those involving border-crossing which are often overlooked and not given much attention when designing policies and strategies for disaster risk management. She added that this process will mandate the GRCS to look into the National Disaster Management Act of 2008, make recommendations for revisions and submit it to the National Assembly for amendments. She concluded by encouraging all participants to keenly use this opportunity to share their views on the

3

challenges in disaster risk management and response and recommend regulatory changes that will enable overcome such challenges. Remark by GRCS Vice President The Vice President of the GRCS, Alhagie Mustapha Saine, explained that the Red Cross and Red Crescent Movement is the biggest and the oldest humanitarian movement in the world which continues to provide relief to victims of disasters. As natural disasters continue to occur, the GRCS will continue to build resilience, preparedness and response capacities of people in the communities. He said this workshop will help to answer the question what is disaster law and why is it important in terms of providing clear responsibilities of disaster management actors and in determining institutional coordination during international assistance. According to him, understanding disaster law is directly linked to reducing human suffering by getting international support for disaster victims. In his conclusion, he thanked everyone for their presence and added “The next step is in your hands: policy makers and lawmakers like yourselves, who must take up the question of whether and how these Guidelines can be useful in the context of The Gambia.” Official Opening Speech The Executive Director of NDMA, Alhagie Sanneh thanked the GRCS and the IFRC for the partnership with the aim of sensitising people about disaster law. He extended the government’s appreciation of partnering with civil society and humanitarian organizations in disaster management in Gambia and acknowledged the contributions given by the Red Cross Movement in providing humanitarian service to this country. On behalf of the NDMA, he thanked the IFRC who, for the last twelve years, has been leading research and consultations on disaster law issues, with special focus on the regulation of international disaster relief operations. He explained that the NDMA focuses mainly on national and local response and thus deemed it relevant to give attention to international disaster response framework. In terms of existing frameworks for disaster management in the Gambia, he presented a range of instruments available, most importantly the National Disaster Management Policy of 2007 and the National Disaster Management Act of 2008. He explained the current ongoing process of revising the existing instruments which includes the drafting of a new National Disaster Management Act. He added that the government is always open to discuss how the response to natural hazards can be managed better with the support and guidance of well-designed laws and regulations. He concluded that the NDMA looks forward to learning more about IDRL and on the challenges involved in disaster risk management and response. The workshop was then officially declared open.

SESSIONS

Introduction to the International Disaster Response Law (IDRL): Why do Legal Frameworks matter in Disaster Response? Buba Darboe, Ag. Program Manager, Head of Disaster Management & Food Security (GRCS)

4

Mr. Darboe gave a thorough and detailed presentation on IDRL. He started with a brief background explaining the Red Cross and Red Crescent Movement with specific emphasis on the movement’s components and emblems. The session was very interactive as it included contributions, questions and answers from the participants. The more detailed part of his presentation covered the following topics:

• Legislative Advocacy • The Auxiliary Role of National Societies • Why legally prepare for disasters? • Regulatory Problems • Sectoral Treaties on Disaster Response • Legal Facilities recommended in the IDRL Guidelines • The Model Act on IDRL • Regional Regulations • Disaster Law Advocacy in the Gambia

Questions, Answers and Contributions The following were the contributions made by the participants based on Mr. Darboe’s presentation:

• NGOs’ response to the crises in Haiti in 2010 faced lots of challenges as a result of o Lack of proper coordination o No legal instruments governing disaster response existed in Haiti at that time o No contingency plan was developed for secondary disasters o The international disaster regulatory frameworks were not duly observed

• A participant asked “On building and depending on local capacities, are the local communities normally supported in terms of supply of goods and materials?” In response, Mr. Darboe explained that such issues are all included in building local capacities.

• Another participant made a contribution that for everyone to understand the nature of disaster, disaster terminologies and concepts should be translated into native languages for unity of understanding and avoidance of misconceptions.

• A question was also asked whether all disasters are spontaneous to which Mr. Darboe clarified saying that not all disasters are spontaneous and further explained rapid onset and slow onset disasters.

• The last contributions made on Mr. Darboe’s presentation were recommendations relating to risk reduction focusing on the need for stronger enforcement of regulations to ensure that people abide by the country’s building codes and illegal settlements.

Presentation of the Legal Framework Review for Disaster Management and Response Essa Khan, Legal Consultant – Bandirabeh Consultancy Firm Before presenting the review document, Mr. Khan explained that building resilience capacities helps improve early warning systems and thus early action. He explained that the National

5

Disaster Management Policy of 2007 and the National Disaster Management Act of 2008 are documents that will help disaster response in the country if they are well reviewed and amended. As disasters are continuously happening and are dynamic in nature, it is important to understand the legal challenges involved in disaster response and how to address them. It is with this objectives that the Bandirabeh Consultancy Firm is assigned to review the National Disaster Management Act of 2008 and come up with recommendations for better disaster management and response in the Gambia. His presentation of the National Disaster Management Act of 2008 covered the following topics.

• Background of the Act • Review and analysis of provisions • Functions and responsibilities of government agencies • Perceived conflicts within the National Disaster Management Act of 2008 • Proposed amendments and inclusions • Harmonisation of the National Disaster Management Act of 2008 with other DRR related

laws and regulations At the end of his presentation, some contributions were made by the participants for improved national disaster response:

• A participant recommended that Emergency Response Teams (ERT) should be available in every community in order to help disaster response plans and coordination.

• Another recommendation was that traditional knowledge should not be ignored but rather be well considered, reviewed and integrated in building local capacities.

Mr. Khan finally explained that NDMA is a coordinating institution and thus should understand the mandate of all humanitarian actors for effective coordination in disaster response. After the lunch break, the proposed group work was changed for a general discussion about the entire sessions of Mr. Darboe and Mr. Khan. It included recommendations of possible steps to strengthen disaster law in the Gambia. This was chaired by Sering Modou Joof from the NDMA and Mr. Darboe from GRCS. The discussion was mainly based on the following five questions:

1. What are the key issues in each situation in relation to the facilitation on international assistance?

2. Are there current procedures in place in The Gambia to address these issues? If so, what are the relevant laws and/or policies in The Gambia to address them?

3. Based on the presentations, is it relevant for The Gambia to have IDRL to support international disaster response?

4. What are the recommendations needed to integrate IDRL in The Gambia?

6

Answers to the questions 1. What are the key issues in each situation in relation to the facilitation on international

assistance? • Visa issues • Work permits • Strengthening coordination • Entry point for intervention (or initiation of international assistance) • Customs and taxation • Resource mobilisation

2. Are there current procedures in place in The Gambia to address these issues? If so, what

are the relevant laws and/or policies in The Gambia to address them? • Donor-funded goods and projects are excluded from paying taxes • Mainstreaming of DRR and Climate Change Adaptation (CCA) into development

plans • Capacity building

4. What are the recommendations needed to integrate IDRL in The Gambia?

• The establishment of a legal framework • Review of the legal framework • Signing of regional treaties • Development of CCA Policy • Grass root involvement in disaster related issues to enhance ownership • More capacity building • Strengthening regional response capacities • Conduct consultations in preparation for IDRL in the Gambia • Fundraising

The above points were unanimously agreed by the participants as recommendations of the workshop. The problem of coordination and timely response were thoroughly discussed by the participants as issues that really need attention for improvement.

Closing The closing of the workshop was chaired by Sering Modou Joof. The GRCS Ag. Secretary General expressed her appreciations to the NAMs for helping to make this day a success. She gave her assurance that the NAMs will be informed of any developments in IDRL in the Gambia. Hon. Cherno O. Jallow, NAMs Upper Nuimi acknowledged and appreciated the auxiliary role of the Red Cross to the public authorities, especially on issues of disaster management and DRR. Evaluation forms were filled by the participants at the end of the workshop for individual training appraisal and give recommendations for improvement.

7

APPENDIX 1. ATTENDANCE

No. Name Institution 1. Hon. Cherno O. Jallow National Assembly 2. Hon. Baboucarr S. Nyang National Assembly 3. Hon. Ebrima Solo Jammeh National Assembly 4. Hon. Demba B.T Samba National Assembly 5. Hon. Muhammed Magassy National Assembly 6. Hon. Lamin K.T. Jammeh National Assembly 7. Hon. Bora B. Mass National Assembly 8. Hon. Pa Lamin Jatta National Assembly 9. Hon. Lamin Jadama National Assembly 10. Hon Bafaye Saidykhan National Assembly 11. Hon. Buba A. Bojang National Assembly 12. Sering Modou Joof NDMA 13. Lamin Camara GRCS 14. Momodou Jahateh GRCS 15. Hon. Omar Tobb National Assembly 16. Hon. Lamin Hydara National Assembly 17. Hon. Seedy S.K. Njie National Assembly 18. Hon. Fatou Mbye National Assembly 19. Bintou Bojang National Assembly 20. Isatou Kassama National Assembly 21. Saffiatou Minteh GRCS 22. Hon. Baboucarr S. Fadera National Assembly 23. Hon. Sainey Mbye National Assembly 24. Ousman C. Jallow GRCS 25. Lamin Gassama GRCS 26. Isatou Joof GRCS 27. Bubacarr Singhateh GRCS 28. Tombong Gibba GRCS 29. Fatou B. Gaye GRCS 30. Mustapha Saine GRCS 31. Hon. Pa Malick Ceesay National Assembly 32. Hon. Ousman Bah National Assembly 33. Sulayman Baldeh GRCS 34. Lamin Fatty GRCS 35. Hon. Kalifa B. Jammeh National Assembly 36. Buba Darboe GRCS 37. Betty Ceesay GRCS 38. Buba S. M. Ceesay Media 39. Abdoulie Ngum Media

8

40. Saikou Jammeh Media 41. Fatoumatta K. Saidykhan Media 42. Alhagie F.S. Sora Media

9

2. AGENDA

Workshop on legal frameworks for disaster risk management in Gambia

Facilitated by the Gambia Red Cross Society (GRCS) and the International Federation of Red Cross and Red Crescent Societies (IFRC) and National Disaster Management Agency (NDMA)

Woodpecker Lodge, Banjulnding – The Gambia

17th September, 2014. 08:30 Welcome and orientation (Chairperson)

Facilitator: Buba Darboe –Disaster management & Food Security Coordinator Gambia Red Cross Society

08:35 Opening speech by Guest of Honour: Mr Alagie Sanneh Executive Director NDMA 08:45 Official opening of workshop: Minister of Health and Social welfare 09:15 Coffee Break / Breakfast 10.00 Introduction to International Disaster Response Law (IDRL): why does the legal

framework matter in disaster response? Buba Darboe, Ag. Program Manager, Head of Disaster Management & Food Security – GRCS

11.30 Presentation of the legal framework for NDMA disaster Act and risk

management and response under Gambia law Legal Representative Bandirabeh Consultancy Firm - NDMA

13.45 Lunch 14:30 Discussion about legal framework for NDMA disaster Act and risk management

and response under Gambia law 15.00 Working groups session: Fictional scenario about entry and operations of

international relief assistance 15:30 Coffee break 16:00 Plenary discussion: Possible steps to strengthen disaster law in Gambia 17.00 Closing