Disaster Management Laws and its Relevance
August 16, 2019
Disaster Risk Management (DRM) and Disaster Risk Reduction (DRR) requires an effective and clear institutional structure. An explicit recognition of the DRM and DRR as a concept in domestic legal systems are extremely positive developments. Currently, the DRR and DRM policies and contingency planning are incorporated into various international and regional level structures. One of the pivotal point in the establishment of DRM and DRR laws was the formulation of Hyogo Framework and Sendai Framework, which contained a set of commitments and priorities to take action to reduce disaster risks.
These efforts aims to “ensure that disaster risk reduction is a national and a local priority with a strong institutional basis for implementation,” notably through “policy, legislative and institutional frameworks for disaster risk reduction.”
Since 2005, a significant amount of legislation has been adopted in many domestic legal systems to strengthen the structure and response to DRR and DRM. Most of these systems cover the following aspects:
National and regional responsiveness to DRM and DRR;
Institutional and structural coherence in DRM and DRR;
International collaboration and concerted measures;
Community level action for DRM and DRR;
Disaster Risk mapping at community level;
Promotion of access to information about DRR;
Promotion the involvement of communities, international organisations, NGOs, other civil society actors and the private sector in DRR activities;
Adequate funding for DRR activities at the community level;
Ensure that development planning adequately takes into account local variability in hazard profiles, exposure, vulnerability, and cost-benefit analysis;
Ensure full implementation of building codes, land use regulations and other legal incentives; and
Promote strong accountability for results in reducing disaster risks at the community level.
However, there remains ,many drawbacks in the implementation of these above frameworks, particularly with regard to follow-through at community level, which was revealed in the reports prepared around the time of the mid-term reviews. It was also noted that rules to deter risky behaviours (particularly in construction and land use) often go unenforced. While legislation is certainly not the only way to address some of the issues, it can be an important part of the puzzle. These aspects were also discussed in the Third Prof N.R. Madhava Menon SAARCLAW Mooting Competition (SAARC Round) held in February 2018 at Lloyd Law College, best law college in delhi ncr, where law students from all SAARC nations presented their respective nations disaster management approaches. The proceedings examined the aspects like international framework for DRR and disaster management; community participation in disaster management; national legal frameworks for effective and efficient management efforts.
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