Strengthening disaster risk governance through comprehensive legal and regulatory frameworks
by Isabelle Granger, Lead, Disaster Law and Auxiliary Role, IFRC, and Jeanique Serradinho, Disaster Law Coordinator for Southern Africa, IFRC
Across the world, the frequency and intensity of disasters have been increasing, compounded by climate change. People in vulnerable situations and those most at risk of being impacted by disasters, such as those living in high-risk areas, indigenous people, racial and ethnic minorities, older people and people with disabilities, often bear a disproportionate burden of the consequences of disasters and emergencies.
Disaster risk governance, meaning the set of laws, policies, plans and institutional arrangements pertaining to disaster risk management (DRM), is the foundation for a strong DRM system capable of managing disaster risks in our increasingly hazardous world. Strengthening disaster risk governance and having in place well-designed, well-understood and well-implemented laws, policies and plans to deal with disasters and emergencies is therefore crucial to keeping people safe from the impacts of disasters, compounded by climate change.
The International Federation of Red Cross and Red Crescent Societies (IFRC) has recognized this for over 20 years. In 2023, it consolidated two decades of extensive research, experience and recommendations on disaster law into a single, comprehensive document: the Disaster Risk Governance Guidelines: Strengthening Laws, Policies and Plans for Comprehensive Disaster Risk Management (the Guidelines). They serve as a tool for assisting states in enhancing disaster risk governance, enabling them to be legally prepared for disasters and emergencies. The Guidelines cover key foundational aspects of an effective DRM system, disaster prevention and mitigation, preparedness, anticipatory action, response and recovery. Dedicated sections also address specific types of disasters, international disaster assistance, legal facilities for DRM actors, the protection and inclusion of groups in vulnerable situations, mental health and psychosocial support, and disaster displacement.
The key role of disaster governance in effective DRM has also been recognized in international instruments. Indeed, strengthening disaster risk governance is one of the four priorities for action set out in the Sendai Framework for Disaster Risk Reduction (2015–2030). However, the recent Report of the Midterm Review of the Sendai Framework found that progress towards strengthening disaster risk governance has been varied and there is a continued need to enhance legal frameworks as a matter of priority.[1] As a result, states have been urged to strengthen comprehensive disaster risk governance and ensure that robust legal and policy frameworks are in place at all levels.[2]
In light of these findings and the development of the Guidelines, the IFRC intends to use the 34th International Conference, a key international forum for continued dialogue and reflection on DRM legal and policy frameworks,[3] to adopt a resolution calling for the strengthening of legal preparedness for disasters and emergencies. The proposed resolution further presents an opportunity to recognize the new Guidelines as a valuable non-binding tool for this purpose and to reaffirm the mandate of the IFRC and National Societies in disaster law, underscoring their capacity and readiness to support states in strengthening legal and policy frameworks.
The proposed resolution follows successive resolutions related to disaster law adopted by the International Conference since 2007[4] and highlights key areas for strengthening disaster risk governance. These areas include legal preparedness, institutional arrangements for DRM, innovative approaches to DRM and international disaster response law (IDRL). It encourages states to develop comprehensive disaster instruments, highlights specific topics requiring more detailed legal, policy and planning provisions and underlines the value of the Guidelines as a supportive tool in this endeavour. It also identifies ways in which domestic instruments can strengthen institutional arrangements for DRM by promoting an inclusive all-of-state and all-of-society approach and assigning roles and responsibilities for disaster prevention, mitigation, preparedness, anticipatory action, response and recovery to the relevant actors. The proposed resolution further encourages states to take innovative and proactive (rather than reactive) approaches to DRM, including ensuring that legal, policy and planning provisions are adopted on topics such as early warning systems, disaster risk reduction and recovery. Recognizing that many states are not legally prepared for large-scale disaster response operations requiring international disaster assistance, it urges them to continue to make progress in this area using the IDRL Guidelines as a guiding tool. Finally, the proposed resolution acknowledges the emerging prospect of the development of a new international convention or other instrument based on the International Law Commission’s Draft articles on the protection of persons in the event of disasters and welcomes states’ efforts to continue dialogue on this topic.
Although states have made significant progress in strengthening their domestic DRM legal and policy frameworks, it is clear that more needs to be done. As the international community comes together to address critical humanitarian issues at the 34th International Conference, the proposed resolution “Strengthening disaster risk governance through comprehensive disaster laws, policies and plans” aims to catalyse concerted efforts to foster resilience and enhance the safety of all, especially groups in vulnerable situations and those most at risk of being disproportionately impacted by disasters. It represents an opportunity to increase discourse, spur momentum and focus more attention on the importance of strengthening legal preparedness for disasters and emergencies. It will draw the international community’s attention to the new Guidelines and highlight critical areas where legal instruments require further strengthening. Emphasizing the mandate of the IFRC and National Societies in this field will help ensure that they are well-positioned to provide the support needed to strengthen DRM governance.
Read more about this topic
Website: IFRC Disaster Law
IFRC releases new Guidelines on Disaster Risk Governance
Resolution 4 of the 30th International Conference
Resolution 7 of the 31st International Conference
Resolution 6 of the 32nd International Conference
Resolution 7 of the 33rd International Conference
[1] Report of the Midterm Review of the Implementation of the Sendai Framework for Disaster Risk Reduction 2015–2030, pp. 42–43
[2] United Nations General Assembly Resolution 77/289, para. 26(c)
[3] Resolution 7, 33rd International Conference (2019), para. 18
[4] Resolution 4, 30th International Conference (2007), Resolution 7, 31st International Conference (2011), Resolution 6, 32nd International Conference (2015) and Resolution 7, 33rd International Conference (2019)
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