Disaster law reforms start to gather momentum

Six weeks have passed since a 7.8-magnitude earthquake rocked Nepal, devastating many parts of the country. The Nepal earthquake joins the ranks of other Asian mega-disasters, including Typhoon Haiyan in the Philippines in 2013, the Great East earthquake in Japan 2011 and the 2004 Indian Ocean tsunami.

Here in Southeast Asia, an increasing number of people are in harm’s way as we see the impact and intensity of natural disasters growing, exacerbated by factors such as rapid urbanisation and climate change. Typhoon Haiyan was a case in point.

Law and policy issues do not typically spring to mind when faced with the lifesaving challenges that arise in a large-scale disaster response.

However, in the absence of clear rules for international relief, bureaucratic bottlenecks can hinder essential assistance reaching the people who need it the most. At the same time, gaps in oversight and quality-control of international efforts can result in inappropriate and unnecessary aid that blocks logistical pipelines and undermines the work of domestic responders.

Having the right laws and policies in place before a disaster strikes gives a government more control over the type, amount and variety of international relief goods and personnel that enter into their country. Strong laws can also help international responders provide life-saving assistance as quickly and efficiently as possible.

Increasingly, governments in Southeast Asia are putting in place laws and regulations to mitigate, manage and respond to disasters, and to reduce disaster risks. In the wake of the 2004 tsunami, the member states of the Association of Southeast Asian Nations (Asean) signed a regional legally binding agreement to address disaster management, the Asean Agreement on Disaster Management and Emergency Response (AADMER).

Soon after signing the AADMER, Indonesia adopted a landmark disaster management law, followed by detailed regulations and guidelines. Being constantly aware of the huge risks they face, and the loss of lives they have suffered, Indonesia is now in the process of reviewing and further strengthening this law.

In March 2015, United Nations member states adopted the “Sendai Framework for Disaster Risk Reduction”. This framework explicitly calls on states to integrate disaster risk reduction measures into national and local laws and policies, and strengthen procedures for providing international assistance.

Prior to the adoption of this framework, many states in Southeast Asia have already taken great strides, with disaster management laws adopted in Thailand, Vietnam and Myanmar.

Yet, operational experience shows that challenges can still arise. When Super Typhoon Haiyan ripped through the Visayas in central Philippines, the country already had a national disaster management law in place; but they could have benefited from having more detailed and streamlined procedures to provide international assistance from the start, rather than managing through ad hoc measures.

The ongoing “sunset review” of the Philippines’ national disaster management law is an ideal opportunity to formalise these arrangements.

Other countries are also recognising that they need to do more. The catastrophic floods that surprised Malaysia late in 2014 served as a catalyst for assessing their national disaster management procedures.

Laos is now in the process of developing a new law to tackle disaster management and response, as well as the effects of climate change and the associated risks. Thailand’s Department of Disaster Prevention and Mitigation, together with Thai Red Cross and the International Federation of Red Cross and Red Crescent Societies (IFRC), held a multi-stakeholder dialogue last year to discuss legal preparedness for disasters.

The momentum being witnessed in this region will hopefully provide the impetus for states like Cambodia, currently chairman of the Asean Committee on Disaster Management, to adopt its draft disaster management law, which has been pending for several years.

The IFRC has been working with governments, the United Nations, regional and international organisations for over a decade to highlight the importance of having robust, well-implemented disaster laws in place. While there has been a lot of progress, there is still more work to do.

This week, the IFRC is hosting the Regional Southeast Asia Disaster Law Forum, attended by national disaster management authorities, foreign affairs ministries, parliamentarians, National Red Cross and Red Crescent Societies, Asean and the United Nations.

This will be an opportunity to “take stock”, highlight the progress that has been made, and commit to further action.

A law on its own is not enough to save lives. It must be well-understood, wellimplemented, and well-enforced. What will hopefully be emphasised over the next two days is a “wake-up call” to continue to develop, update and implement strong disaster laws and policies.

It is these laws that form the foundation for the actions, roles, and responsibilities that can — and do — save lives.