Legal Preparedness in Disaster Management: Cambodia Case Study

1. Legal Preparedness for Disaster Management/Communicable Disease Control The Royal Government of Cambodia; National Committee for Disaster Management(NCDM) Presented by Ross Sovann To The Special Event on Legal Preparedness for International disaster Cooperation In the Context of Climate Change; On the Occasion of The Global Platform for Disaster Risk Reduction, Geneva, 19 June 2009

2. Scope of the Presentation • Background • Lessons Learned on Policy, Legal and Institutional Arrangements • Observation about Legal Preparedness in Cambodia • Political and Legal Context Lead to Legal Preparedness • Progress up-to-date and way forward • Conclusion

3. 1. Background: • As a result of the Cambodia’s experience with recurring disasters, the Royal Government of Cambodia (RGC) established a National Committee for Disaster Management (NCDM) in 1994. The Prime Minister of Cambodia is also the President of the NCDM. • A General Secretariat headed by a Secretary General and composed of five departments was organized within the NCDM to perform oversee the implementation of roles and responsibilities under the mandated sub-decree.

4. Background: Continued… • The sub-decree also established the basis for the designation of the Provincial Governor and provincial level government departments as members of the Provincial committee for Disaster Management (PCDM). • At the district level, District Governors and other relevant district level officers are the designated members of the District Committee for Disaster Management (DCDM).

5. Background: Continued… • While membership is almost entirely composed of government organizations (ministries and agencies), the sub-decree also specifies the important role and membership of the Cambodian Red Cross (CRC)in the NCDM and its provincial and district branches in PCDM/DCDM.

6. 2. Lessons Learned on Policy, Legal and Institutional Arrangements • The continuing difficulty encountered by the NCDM is the inadequate awareness and support of various Government Ministries in disaster management. Their interest are still focused on post-disaster actions related to emergency response. • Every organization, including government, non-government organizations, and international organizations have their own program priorities. Many still don't see the importance and benefits of disaster management coordination.

7. Lessons Learned… Conti’d • There is a general lack of capacity (financial, human, technical, and infrastructure) within Cambodia in policies formulation, dissemination and implementation that hinders cooperation in implementing DM activities in general. • Emergency response resources are oftentimes stretched to the limit during disasters, so organizations cannot effectively perform their tasks in accordance with the mandate and responsibilities.

8. 3. Observations about legal preparedness in Cambodia • Legal issues are overlooked as part of preparedness planning for disasters, where cross-sectors and cross-border or international assistance are needed; • There is generally good cooperation between government, donors and some CSOs for emergency response, but no obligation, compliance and binding; • Limited national laws and policies specifically on disaster emergencies lead to less commitment from Government and stakeholders that result in low priority and less resources allocated to DM works; • Relevant provisions on different topics are partially located in various different laws and regulations; • Laws and policies are understood at Management Level but not well understood by implementation staff;

9. 4. Political and Legal Context Lead to Legal Preparedness ... Natural, human-induced, communicable or others, a calamity either a consequence of climate change or else, it results in emergency and catastrophe... At this time, Cambodia is currently in the process of developing new disaster management legislation and is considering developing new communicable disease control laws.

10. Political and Legal... Cont’d... • International Demands • legal recognition for international assistance and relief; • Facilitation for international response, e.g. personnel, customs and tax of relief goods and equipment, etc.; • Ground coordination and information-sharing between response agencies. • Adherence to human rights, humanitarian principles and standards of quality and accountability in emergency

11. Political and Legal... Cont’d... • International Demands (instruments) • Domestic Facilitation and Regulation for International Disaster Relief and Initial Recovery Assistance (IDRL Guideline 2007); • Compliance to International Health Regulations (2005) (IHR) • Commitment to Hyogo Framework for Action 2005-2015: Building the Resilience of Nations and Communities to Disasters (Hyogo Framework)

12. Political and Legal... Cont’d... Example of ISDR/UNOCHA HFAPriority FiveGuidance and Indicator Package (2008). Some indicators for a comprehensive DM framework: • A clearly defined institutional architecture for disaster risk reduction including preparedness is in place and has the commitment of stakeholders at all levels. • An approved legislative framework that accurately reflects institutional arrangements, and the relevant policies, protocols, procedures and funding mechanisms is in place.

13. Political and Legal... Cont’d... Example of.... Some indicators for a comprehensive DM framework: • Mechanisms for compliance and enforcement of laws, regulations and codes, including penalties for noncompliance are in place. • Information on the legislative framework is widely disseminated and the Government actively trains staff and other stakeholders on its content and application.

14. Political and Legal... Cont’d... • Regional Demands (instruments) • ASEAN Agreement on Disaster Management and Emergency Response (AADMER); • Asia-Pacific Economic Cooperation (APEC) • Ayeyawady - Chao Phraya - Mekong Economic Cooperation Strategy (ACMECS) • Mekong Basin Disease Surveillance (MBDS) • UN Economic and Social Commission for Asia Pacific • Mekong River Commission

15. Political and Legal... Cont’d... • Country-level Demands • Effective implementation of international, regional and other relevant instruments at the national level; • Accommodation for the needs of large-scale disaster and disease situations, involving a range of local, national and international partners by national law, policies and provincial provisions; • A comprehensive legal framework in place to facilitate early warning, fast mobilisation, and response in the event of an emergency; • Coordination and information exchange between different humanitarian partners; • Effective legal preparedness to encourages greater accountability and transparency and good practices for disaster;

16. Political and Legal... Cont’d... Consistency to Existing national instruments: • The Rectangular Strategy; • National Poverty Reduction Strategy (NPRS); • National Strategic Development Plan (NSDP) 2006-2010; • Dcentralization and deconcentration reforms and Legislature Assistance of the Project to Support Democratic Development (PSDD); • National Adaptation Programme of Action to Climate Change (NAPA); • Cambodia’s Strategic National Action Plan for DRR (SNAP); • Cambodia National Comprehensive Plan on Avian and Human Influenza (AHI);

17. 5. Progress up-to-date and way forward • Inter-Ministerial Working Group for drafting Disaster Management Law; • Final Drafted Law has been reviewed by Ministry of Justice; • Inter-Ministerial Working Group to meet on June 22nd 2009 to endorse the final draft; • Final draft to be submitted to Council of Ministers; • Council of Ministers to convene meeting to endorse the final draft; • Final draft to be submitted by the Council of Ministers to the National Assembly to pass;

18. 6. False Assumptions and Conclusion What Held us Back? • Commitment of Stakeholders; • Leadership of Government; • Understanding of policy and law makers; • Combined Support of legal and DM expertise; • Funding in place;

19. Conclusion … Sometimes conscience doesn’t work! But … when a law in place, obligation come to life… Thank you for your attention!