International Perspectives on Disaster Law Dr Roberto Aponte

International Perspectives on Disaster Law Dr. Roberto Aponte Toro Professor of Disaster Law School of Law University of Puerto Rico

Presentation Plan Topic 1: International Perspectives Topic 2: Approaches and paradigm shift internationally Topic 3: DRR linkages with Disaster Law

Disaster Reduction: An agenda in International Progress • 1989: IDNDR 1990 -1999 – promotion of disaster reduction, technical and scientific buyin • 1994: Yokohama Strategy and Plan of Action – Mid-review IDNDR, first blueprint for disaster reduction policy guidance (social & community orientation) • 2000: International Strategy for Disaster Reduction (ISDR) - increased public commitment and linkage to sustainable development, enlarged networking and partnerships. Mechanisms: IATF/DR, ISDR secretariat, UN Trust Fund • 2002: Johannesburg Plan of Implementation- WSSDIncludes a new section on “An integrated, multi-hazard, inclusive approach to address vulnerability, risk assessment and disaster management…” • 2005: Hyogo Framework for Action 2005 -2015 Building the Resilience of Nations and Communities to Disasters (“ISDR+5”): • Strategic goals • Priorities for action • Implementation and follow-up

International Decade for Natural Disaster Reduction The United Nations General Assembly designated the 1990 s as the International Decade for Natural Disaster Reduction (IDNDR). Its basic objective was to decrease the loss of life, property destruction and social and economic disruption caused by natural disasters, such as earthquakes, tsunamis, floods, landslides, volcanic eruptions, droughts, locust infestations, and other disasters of natural origin. UN GA Resolution: 44/236 (22 nd December 1989)

Yokohama Strategy 23 – 27 May 1994 • IDNDR followed strictly techno-centric and scientific approach in beginning • The Yokohama conference put socio-economic aspects as component of effective disaster prevention into perspective. • It was recognized that social factors, such as cultural tradition, religious values, economic standing, and trust in political accountability are essential in the determination of societal vulnerability.

Yokohama Strategy • Mandate: UNGA 48/188 1993 – Accomplishments-local, regional and international (1989 -1994) – Program of Action – Provide and exchange information of programs and policies implementation – Need for awareness of the importance of policies to reduce disasters

Yokohama Plan of Action • Global culture of prevention in order to integrate all efforts at reduction • Each local unit, state or community should develop capacity and allocate sufficient resources • Educate at all levels on prevention, preparedness and mitigation • Develop and train human resources and strengthen material capabilities and research and developments institutions for disaster reduction and mitigation • Networking of existing centers of excellence to enhance goals of point (4). 7 -involvement and active participation of the people to create point (1)

Yokohama Plan of Action (Cont. ) • Use the media to create awareness in vulnerable communities • From 2010 on, emphasis on community based approaches to vulnerability • Improve risk assessment through new technology, broader monitoring and immediate use of warnings which have been communicated • Integration of environmental and technological hazards in addition to natural disasters on the maps of integrated policies for prevention • Increased coordination and cooperation among research activities at all levels (universities, organizations, technical and scientific institutions) • National legislation and administrative action regarding this issue should be a priority of decision makers

Yokohama Plan of Action (Cont) • Compilation and exchange of information on disaster reduction • Regional and sub-regional cooperation • Availability and use of existing technology to reduce disasters • Involving the private sector (it is generally the owner of critical infrastructure) • Involvement of non-governmental organizations • Strengthening capacity of UN system to get involved in these tasks

International Strategy for Disaster Reduction (ISDR) The IDNDR was replaced and continued by the International Strategy for Disaster Reduction (ISDR). The ISDR aims to pursue the initiatives and cooperation agreed on during the IDNDR, and developing new mechanisms as well as pushing for further commitments from policy-makers. The overriding goal is to reduce human, social, economic and environmental losses due to natural hazards (and related technological and environmental disasters). The building of disaster resilient communities is a main objective.

Objectives of the ISDR The ISDR promotes the following four objectives as tools towards reaching disaster reduction for all: – Increase public awareness to understand risk, vulnerability and disaster reduction globally. – Obtain commitment from public authorities to implement disaster reduction policies and actions – Stimulate interdisciplinary and inter-sectoral partnerships, including the expansion of risk reduction networks – Improve scientific knowledge about disaster reduction

The Need for a Global Platform • Resolution of the GA calling upon adoption by governments of the Hyogo Framework and recognizes the Global Platform as a successor mechanism to the Inter-Agency Task Force for Disaster Reduction. • National practitioners and stakeholders repeatedly expressed desire to have a mechanism through which they can exchange their experiences in DRR and access information on how other countries addressed particular challenges in the implementation of the Hyogo Framework. • The Global Platform has been set up to serve this need, and is expected to become main global forum for all parties involved in DRR, namely governments, United Nations agencies, international financial institutions, regional bodies, civil society, the private sector, and the scientific and academic communities. • The Global Platform provides advocacy for effective action to reduce disaster risks, expands the political space devoted to the issue, and contributes to the achievement of the Millennium Development Goals particularly in respect to poverty reduction and environmental sustainability.

2 nd World Conference, Kobe, Japan January 22, 2005 • World Conference on Disaster Reductiona United Nations conference bringing together government officials, nongovernmental experts and other specialists from around the world to discuss the growing trend of people affected by natural disasters. • This conference took on particular poignancy coming almost 10 years to the day after the Great Hanshin earthquake in Kobe and less than a month after the 2004 Indian Ocean earthquake and resulting tsunami. • The Conference adopted plans to put in place an International Early Warning Program (IEWP), which was first proposed at the Second International Conference on Early Warning in 2003 in Bonn, Germany.

2005: Hyogo Framework for Action 2005 -2015 • Building the Resilience of Nations and Communities to Disasters (“ISDR+5”): – Integrate disaster risk reduction into policies, plans and programmes of sustainable development and poverty reduction – United Nations system and international financial institutions to engage fully in supporting and implementing the International Strategy for Disaster Reduction, and cooperate to advance integrated approaches to building disaster resilient nations and communities – Focus on national implementation, through bi-lateral, multi-lateral, regional and international cooperation.

Developments: HYOGO and Beyond • Development and Financial Institutions become more aware of the costs which a passive non proactive strategy eventually cause • International Strategy on Disaster Reduction, a product of a decision of the general Assembly, as well as the launch of an ISDR system at global, regional and national levels • Various incidents at different jurisdictions showed the gaps between legislation, policies, knowledge at the community level, communication, and early warning • IFRC revised constitution (2007)-Strategy 2020 • Global Assessment Report on Disaster Risk Reduction (2009)

Disaster Management Cycle

Framework for Disaster Risk Reduction AWARENESS CONTEXT for change in behaviour SUSTAINABLE DEVELOPMENT • Social-cultural • Political • Economic • Ecosystems KNOWLEDGE DEVELOPMENT • Education, training • Research • Information • Networking RISK FACTORS - Vulnerability • Social • Economic • Physical • Environmental - Hazards • Geological • Hydrometeological • Biological • Environmental • Technological PUBLIC COMMITMENT Vulnerability/ capabilities analysis RISK ASSESSMENT Hazard analysis + monitoring RECOVERY RESPONSE DISASTER IMPACTS PREPAREDNESS ISDR global review of disaster reduction, 2002 EARLY WARNING • Institutional framework • Policy development • Legislation and codes • Community actions APPLICATION OF RISK REDUCTION MEASURES • Environmental management • Land use planning • Protection of critical facilities - Structural Measures • Application science & technology • Financial and economic tools

Distribution of Disasters 19

Case of Hurricane Katrina

Global challenges • Increase wider understanding and awareness of disaster risk as an essential tool for sustainable development. • Recognize disaster risk reduction primarily as a combination of national and local responsibilities. • Raise awareness of existing misdirected development practices that may actually increase disaster risks. • Promote and support of policies and actions in developing countries by the international community.

Examples of disaster reduction tools for climate change adaptation q Environmental management q Financial and economic tool (insurance) q Social aspects and safety nets q Land use planning q Protection of critical facilities q Structural measures (engineering) q Application of science and technology q Early warning q Identify successful disaster risk reduction practices & ‘what not to do!’ q Institutional development: policy development & integration, legislation and organisational development q Integrate disaster reduction into development planning processes q Lessons learnt from community development: grassroots coping strategies, local knowledge development and training q Education: risk perception/risk awareness/values, attitudes and behavior

Kyoto Protocol • International agreement linked to the UNFCC. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions. These amount to an average of five per cent against 1990 levels over the five-year period 2008 -2012. • The major distinction between the Protocol and the Convention is that while the Convention encouraged industrialized countries to stabilize GHG emissions, the Protocol commits them to do so. • Recognizing that developed countries are principally responsible for the current high levels of GHG emissions in the atmosphere as a result of more than 150 years of industrial activity, the Protocol places a heavier burden on developed nations under the principle of “common but differentiated responsibilities. ” • The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005. 184 Parties of the Convention have ratified its Protocol to date. The detailed rules for the implementation of the Protocol were adopted at COP 7 in Marrakesh in 2001, and are called the “Marrakesh Accords. ”

"More effective prevention strategies would save not only tens of billions of dollars, but save tens of thousands of lives. Funds currently spent on intervention and relief could be devoted to enhancing equitable and sustainable development instead, which would further reduce the risk for war and disaster. Building a culture of prevention is not easy. While the costs of prevention have to be paid in the present, its benefits lie in a distant future. Moreover, the benefits are not tangible; they are the disasters that did NOT happen. " Kofi Annan UN Secretary-General

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