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Strengthening Legal Framework For Disaster Law

ا)‌ أهداف التعهد

‘The Malaysian Red Crescent Society as an auxiliary to the Malaysian government agrees to cooperate in reviewing and strengthening the domestic laws and procedures for disaster risk management. This includes the utilisation of key disaster law tools such as the Disaster Preparedness and Response Law Checklist, the International Disaster and Response Law (IDRL) Guidelines and Checklist on Law and Disaster Risk Reduction.’

 

This pledge was originally a pledge that the Malaysian Red Crescent Society submitted for the 32nd International Conference. This was for Resolution 6 on strengthening legal frameworks for disaster risk management. This pledge is also related to Resolution 7 of the 33rd International Conference entitled Disaster Laws that leaves no one behind.

 

The Malaysian Red Crescent wishes to improve on the pledge.

 

This resolution specifies the monitoring and implementation of the commitments in the following manner;

– Welcome the support that the National Societies have provided to interested States in making use of key disaster law tools.

 

– Invites the National Societies to work with their governments to strengthen national and local legal frameworks to better manage the risk of disaster and climate change and ensure that such frameworks protect and include the most at risk during disaster events.

 

– Welcome the efforts to foster dialogue on various options to accelerate progress in resolving regulatory problems in disaster risk management.

 

– Encourages the National Societies including Malaysian Red Crescent Society, together with the States to consider ways to enhance their cooperation in promoting a strong and well-implemented domestic legal frameworks.

 

– The resolution recognises the disaster law tools such as the Checklist on Domestic Preparedness and Response Law, Checklist on Law and Disaster Risk Reduction and IDRL Guidelines as a useful and non-binding assessment tool to assist states when applicable to review domestic legal frameworks for disaster risk reduction at the national and local level.

 

– Encourages the National Societies to cooperate with the States in generating greater public awareness about disaster risk management and related rights and responsibilities of relevant actors under national and international law.

 

– Encourages the National Societies as auxiliaries to their public authorities in the humanitarian field to continue in providing advice and support to their government in the development and implementation of effective legal and policy frameworks relevant to disaster and emergency management at all levels.

 

– Welcome the cooperation of the IFRC and the National Societies with other partners in providing support to the States in this area including the local NGOs, the private sector and academia. This is to encourage them to continue in developing new partnerships.

 

This pledge recognise the importance of integrating the protection and inclusion of vulnerable groups into relevant disaster laws and policies. This is to ensure that no one is left behind in disaster risk management activities.

 

Having a strong inclusive and well implemented disaster law underpins a well-functioning Disaster Risk Management system. They provide the legal and institutional basis on which to undertake all aspects of Disaster Risk Management such as risk reduction and preparedness to response and recovery. At the same time, it contribute to the strengthening of resilience and protection of vulnerable and disaster affected populations.

 

The first step in promoting a stronger governance for Disaster Risk Management is improving the relevant laws and regulations and strengthening their implementation.

 

ب) خطة العمل:

2020

Development of roadmap for key disaster law activities from 2021 to 2023 in partnership with the IFRC Disaster Law programme and key national stakeholders and partners.

 

2021

(a) Disaster Law dissemination within the Malaysian Red Crescent Society to its members and Board members.

 

Two separate workshops. The first is to representatives from the Malaysian Red Crescent Society at state (branch) level and the second is to the Board members and Chair of Malaysian Red Crescent Society’s state (branch) level. 60 pax maximum for both workshop.

 

(b) Dissemination to various stakeholders including the followings;

i. NGOs

ii. Representatives from the various government departments in Malaysia.

 

Two separate workshops. The first is to representatives from the various NGOs and the second is to representatives from the various government ministries and departments. Maximum of sixty (60) pax each for both workshops. Both workshops are aimed at laying down the basic understanding of Disaster Law.

 

(c) Dissemination to various stakeholders in Malaysia including NGOs, UNDP, RCRC movement representatives, government representatives. 60 pax maximum.

 

These are for the selected representatives and will be a more detailed understanding of Disaster Law within the Malaysian context and in comparison to what are being conducted within the region of Southeast Asia and beyond.

 

Consideration are also being given to the experience learned from the Corona Virus Covid-19 pandemic.

 

(d) Bilateral discussion with the National Security Council and Nationat Disaster Management Agency (NADMA) of Malaysia.

 

2022

(a) Bilateral communication and discussion with the public authority including the National Disaster Management Agency (NADMA).

 

(b) Dissemination to various NGOs, International Organisations, Civil Societies etc. This is a follow-up workshop to that conducted in 2021.

 

(c) Forum discussion with representatives from various NGOs, International Organisations and representatives from various government departments and ministries. This is aimed at producing a report identifying the gaps/areas to be strengthened within the existing Malaysian legal system of Disaster Law.

 

2023

(a) Produce a formal report to be shared with various government departments and also NGOs.

(b) Advocacy, engagement and technical support to the public authorities within Malaysia.

 

*Kindly note that the above mentioned roadmap may be subjected to changes after discussion with the relevant stakeholders including the public authorities.

 

ج) مؤشرات قياس التقدم المحرز

– Number of workshops organised and training conducted.

 

– Number of members from the community attending the workshop.

 

– Number of attendees from the various International Organisations, government ministries and departments.

 

– The effectiveness of identifying the areas to be strengthened within the existing legal structure in Malaysia.

 

– Outcome report of the workshop up to 2023.

 

– Implication of the report of the workshop.

 

– Malaysian Red Crescent Society’s analysis, research and outreach on disaster laws influences legal and policy change in Malaysia.

 

د) الآثار المترتبة على الموارد:

Kindly refer to the document attached.

لا يمكن تحميل اللجنة الدولية للصليب الأحمر والاتحاد الدولي لجمعيات الصليب الأحمر والهلال الأحمر واللجنة الدائمة للصليب الأحمر والهلال الأحمر، بصفتها الجهاز المفوض من قبل المؤتمر الدولي للصليب الأحمر والهلال الأحمر (المؤتمر)، بأي شكل كان المسؤولية عن أي محتوى أو مشاركات منشورة من قبل المستخدمين في قاعدة البيانات هذه. يحتفظ فريق الموقع الالكتروني بحق إزالة أي مشاركة أو محتوى في حال تنافيا مع المبادئ الأساسية للحركة الدولية للصليب الأحمر والهلال الأحمر و / أو مع أهداف المؤتمر.