Introduction to the

Guidelines for the Domestic Facilitation

and Regulation of International Disaster

Relief and Initial Recovery Assistance

(The “IDRL Guidelines”) Version of 22.02.08

Overview

1. Origins of the Guidelines2. Research findings underlying the

Guidelines3. Description of the Guidelines4. Next steps

Origins of the Guidelines

Mandate• 2001 Council of Delegates• 2003 International

Conference

Research • 27 legal case studies • IDRL database• Global survey• Desk study

Increasing numbers of disasters

From the Red Cross/Red Crescent Climate Guide (2007)

Increasing numbers and variety of int’l responders

• More states• More militaries• More RC/RC

societies• More UN agencies• Many more NGOs• More private

companies• More private

individuals

Common Problem Areas

Entry and Operations Quality and Coordination

Common Problems: Entry and Operations

• Initiation• Visas• Customs• Taxes• Legal

Personality• Bank Accounts• Local Hiring• Liability• Corruption

Common Problems: Quality and Coordination

• Inappropriate relief items and activities

• Untrained or unqualified personnel

• Lack of respect for domestic authorities and relief actors

• Lack of respect for beneficiaries

• Failure to coordinate

Lack of geographic reach (few parties to treaties)

Lack of thematic scopeType of disaster

Type of actor

Lack of awareness

Lack of use

Gaps in international instruments

Tsunami, Indonesia, 2004

“As no specific provisions existed concerning the modalities with which international assistance should be requested and received, the Government issued ad hoc administrative instructions in the midst of a major response operation.” (Government of Indonesia)

Hurricane Katrina, USA, 2005

“Comprehensive Policies and Procedures are Needed to Ensure Appropriate Use of and Accountability for International Assistance” (US GAO)

Consistent gaps in domestic law

Marmara earthquake, Turkey,1999

“The legislative weaknesses in the Turkish legal system regarding disaster management led to . . . many complexities” (TRCS case study)

Pakistan earthquake, 2005

“Pakistan suffered from the lack of a pre-existing National Disaster Management Authority and identified the creation of a legal framework as a lesson to apply.” (NDMA, ISDR Side-event at ECOSOC, 2006)

Consistent gaps in domestic law

Guidelines on the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance

• Recommendations to governments on how to prepare domestic legal and institutional frameworks to handle international relief

• Compile existing international norms and best practice

Consultative development processEuropean ForumAntalya, May 2006

Pan-African Forum Nairobi, May 2007

Asia-Pacific Forum Kuala Lumpur, Dec. 2006

Americas ForumPanama City, April 2007

Middle East ForumAbu Dhabi, June, 2007

+ other meetings

30th International ConferenceGeneva, November 2007Resolution 4 – unanimously adopted

• Scope and Definitions– Wide definition of “disaster”, but exclude

armed conflict

• Part 1: Core Responsibilities– Primary role of affected state– Assisting actors to adhere to international

quality standards

• Part 2: Early Warning and Preparedness– Comprehensive laws and policies– Information sharing

What do they provide?

• Part 3: Initiation and Termination– Consent of affected state– Special rules for military relief

• Part 4: Eligibility for Legal Facilities– State decides– Assisting states and assisting

humanitarian organizations

• Part 5: Legal Facilities for Entry and Operations – Visas, customs, tax, legal personality . . .– Distinctions between relief and initial

recovery

What do they provide?

The Guidelines and humanitarian actors: the recommended link

Humanitarian actor requests legal facilities

Gov’t decides

Facilities conditioned on adherence to minimum quality standards

Ongoing obligation of recipient to abide by standards

Gov’t monitors progress

Next steps from the adopting resolution

• States are encouraged to use the Guidelines for national law and for bilateral and regional agreements

• States, Federation and National Societies to work with UN and other partners to:

– Disseminate and provide technical support to domestic authorities

– Bring the Guidelines to the attention of international and regional inter-governmental bodies

– Mainstream the Guidelines into relevant initiatives (such as ISDR)

For more information

• IDRL website:

– www.ifrc.org/idrl– Background on the

Guidelines, studies, fact sheets, legal database . . .

• Monthly Newsletter• Weekly News Service