AN OVERVIEW OF THE INTERNATIONAL DISASTER
RESPONSE LAW IN UGANDA
A PRESENTATION AT THE DISASTER LAW AND DROUGHT
OPERATIONS IN THE HORN OF AFRICA
MOMBASA
PRESENTED BY
FRANCIS BUWULE
16TH TO 2OTH APRIL 2012
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The IDRL Uganda Project
In 2009, Uganda accepted the technical assistance
offered by the ( IFRC ) Federation through Uganda Red
Cross Society, to examine its legal preparedness for
international disaster response using the IDRL Guidelines
( the IDRL Uganda Project ).
The IDRL Guidelines are a set of recommendations to
governments on how to overcome the common legal
obstacles that are usually encountered in international
relief operations. The Guidelines were developed by the
Federation and adopted by the state parties to the Geneva
Conventions during the 30th International Conference of
the Red Cross and Red Crescent .
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Core Responsibility lies with the State
The IDRL Guidelines rightly observe that the
states have the sovereign right to coordinate,
regulate and monitor disaster relief and recovery
assistance provided by assisting actors on their
territory, consistent with international law.
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The Constitution
Under the 6th schedule to the Constitution of the Republic of
Uganda, it is provided that the primary responsibility for
disaster preparedness and management rests with the state.
In recognition of this responsibility the government of Uganda
created a ministry n the Office of the Prime Minister which is
responsible for disaster preparedness and management.
In addition the Constitution also empowers the President to
declare a state of emergency in consultation with Cabinet if the
President is satisfied that the security or economic life of the
country or any part of it is threatened by man made or natural
disasters.
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The Constitution Cont…
Parliament is then given the responsibility of making laws that
may be necessary for enabling effective measures to be taken
for dealing with any state of emergency that may be declared.
The Constitution also provides for the establishment of a
Disaster Preparedness and Management Commission to deal
with natural and man made disasters.
The provisions of the Constitution are wide enough to allow
parliament to adopt enabling laws for the regulation of
international assistance in case of major disasters. However
since the promulgation of the Constitution, parliament has not
passed the relevant laws to give effect to the relevant provisions
of the Constitution on disaster management.
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Government Focal point and Coordination
The IDRL Guidelines recommend that as part of a larger
disaster risk reduction program, the states should develop
comprehensive legal, policy and institutional frameworks that
adequately address the issues of initiation, facilitation, transit and
regulation of international relief assistance. And that in so doing
states must clearly earmark government entities with responsibility
and authority in these areas.
In Uganda, the Directorate of Relief, Disaster Preparedness and
Refugees in the OPM is the lead agency responsible for disaster
preparedness and management. This is clearly articulated in the
country's National Policy for Disaster Preparedness and
Management which was adopted by government last year.
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Government Focal point and Coordination Cont…
In addition the Directorate is responsible for mobilizing
resources in collaboration with UN
agencies, Uganda Red
Cross Society and other humanitarian organizations, to assist
disaster victims immediately after a disaster and in the
restoration of their lives.
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Request for, Coordination and Termination External
Assistance
Where a disaster situation exceeds national coping
capacity, the IDRL Guidelines recommend that the affected
state should seek external assistance. It is therefore
important for a country to have a clear mechanism of
initiating external assistance.
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Initiation
The
National
Policy
for
Disaster
Preparedness
and
Management for Uganda provides that the implementation of
this policy is a multi sectoral and multidisciplinary process.
 It involves all government ministries in collaboration with
humanitarian
and
development
partners,
the
private
sector,local governments and the community. The Directorate
of Relief, Disaster Preparedness and Refugees in the Office of
the Prime Minister is the responsible centre for initiating
external assistance.
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Initiation Cont…
The Constitution of the republic of Uganda provides for the
establishment of a Disaster Preparedness and Management
Commission which would be the lead agency in disaster
management.
However since parliament has not enacted the relevant laws
to establish this Commission, government as a stop gap
measure created this Directorate. This of course creates a
conflict and parliament will have to resolve it.
The National Disaster Policy recognizes this and notes that
there is a very thin difference between the functions of the
Commission and those of the Directorate
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Coordination
According to the institutional framework established by
the
National
Policy
for
Disaster
Preparedness
and
Management, below the Directorate of Relief, Disaster
Preparedness and Refugees,
there is established the
National Emergency Coordination and Operations Centre. (
NECOC ) which is responsible for the coordination and
networking of the various relief responders including
government departments, the private sector, NGOs and
Uganda Red Cross Society. This includes
all the external
responders.
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Termination
The IDRL Guidelines provide that, when an affected state
wishes to terminate disaster relief or initial recovery assistance,
it should provide appropriate notification and consultations with
other actors. This is necessary for orderly withdrawal of the
external actors and for a smooth transition as all this impact on
the affected communities. The coordination of this exercise
during termination of disaster relief operations would still be the
responsibility of the lead agency though it is not specifically
spelt out in the National Disaster Policy.
It is hoped that when government comes up with a Disaster
Law as recommended by the National Disaster Policy and the
Uganda IDRL project report, that law will streamline the
institutional structures and their functions for efficient disaster
preparedness, coordination and management.
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Entry of Foreign Personnel , Goods and Equipments During
a Disaster.
Foreign Personnel
The IDRL Guidelines recommend that in case of international
disaster response, the affected state should waive or
expeditiously grant visas and any necessary work permits for the
relief and recovery personnel. Where visas are required they
should be provided ideally without any cost and they should be
easily renewable.
In order for a foreigner to enter Uganda one needs an entry
visa which can be obtained either from Uganda's diplomatic
missions abroad or at the port of entry.
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Foreign Personnel Cont…
In cases of disasters there is no waiver or expedited visa
requirements for foreign responders under the Citizenship and
Immigration Control Act of Uganda . However in practice
obtaining a visa at any point of entry into Uganda takes no
time at all and should not be a problem to international relief
responders.
The same applies to the granting of a special work pass for
a relief provider on arrival that gives immediate though
temporary permission to carry out their operations as the work
permit is being processed. It is clear that while there are no
special provisions regarding disasters under the Citizenship
and Immigration Control law, the practice in Uganda is
adequate to expedite the entry and operation of foreign relief
personnel into the country
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Recognition of Foreign Professional Qualifications
The IDRL Guidelines recommend that affected states should
establish an expedited procedure for temporary recognition of
professional qualifications for foreign professional responders, in
particular for medical professionals.
There are no specific provisions in the various professional
bodies’ regulatory rules of Uganda that provide for expedited
recognition of foreign professional qualifications. Under the
Medical and Dental Practitioners Act of Uganda, for a foreign
medical professional to practice in Uganda he/she must obtain
permission. The process of seeking this approval is lengthy and
costly and the Medical and Dental Practitioners Board is not
known to have made any exceptions in the past disaster
situations. This would certainly deter or impede some of these
professionals from providing their much required services during
disasters.
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Recognition of Foreign Professional Qualifications Cont…
In this regard there is need to bring the Medical and Dental
Practitioners
law
of
Uganda
in
conformity
with
recommendations of the IDRL Guidelines to provide
expedited
the
for an
temporary recognition of the foreign medical
qualifications of personnel during disaster situations. In
addition and or alternatively, the new Disaster law when
enacted in Uganda should provide for a requirement by the
various professional bodies in the country to allow for
temporary recognition of foreign professional qualifications of
personnel during disasters
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Legal Status of Foreign Entities Providing Assistance
The international relief organizations, apart from those on whom
privileges and immunities are conferred by the government or by
law, can only legally operate in Uganda after duly registering with
the National Board of Non Government Organizations, under the
Non Government Organisations Registration Act.
These procedures and costs involved could significantly impact
any prospects of international relief operations.
The IDRL
Guidelines recommend that states should “grant to eligible
assisting humanitarian organizations, upon entry or as soon as
possible, thereafter, at least temporary authorization to legally
operate on their territory so as to enjoy the rights, inter alia, to
open bank accounts, enter into contracts and leases, acquire and
dispose of property and instigate legal proceedings, for purposes
of providing disaster relief and initial recovery assistance”.
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Legal Status of Foreign Entities Providing Assistance
Although the procedures for registration are lengthy and
costly, in Uganda, the law allows the Minister for Internal
Affairs to exempt organizations from any of the requirements
needed for the registration in cases of emergencies. This is a
positive provision that may be invoked during disasters, but
for clarity, it is recommended that when the Disaster law is
enacted, it should provide for this temporary authorization to
assisting foreign organizations to legally operate in the
country during disasters.
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Arrival of Relief Goods in Disaster Situations
In major disaster situations, there is often a need for rapid
importation of relief goods and equipment in order to address
critical humanitarian gaps. Standard customs procedures and
requirements may delay that importation. The IDRL Guidelines
recommend that disaster affected states should exempt
imported disaster relief and recovery items from all customs
duties, taxes, tariffs, or governmental fees and exempt them
from any restrictions. They also recommend that governments
simplify and minimize documentation requirements, waive or
reduce inspection requirements.
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Documentation Requirements
The East African Community Customs Management
Act and the Finance Statutes of Uganda do not relax
the
documentation
requirements
during
disaster
situations. The usual importation documentation are
expected even in respect of relief goods.
Inspection Requirements
The Uganda customs laws do not waive or relax this
requirement
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Customs duty on relief Goods
Under the Customs laws, goods and equipment for use in
aid funded projects are exempt from payment of customs duty
Clearance of Relief Goods and Equipment
The law does not give priority to clearance of relief goods
and equipment but in practice such goods are cleared as fast
as possible. Uganda is a party to the Kyoto Convention of
1974. The international Convention for the simplification and
Harmonisation of Customs Procedures. This Convention call
on member states to address the clearance of relief
consignments as a matter of priority, examination and
sampling of goods only in exceptional circumstances, waiving
of import prohibitions and restrictions. Uganda is yet to
domesticate the provisions of this Convention.
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Clearance of Relief Goods and Equipment Cont…
There are no special provisions for the import and use of
communication equipment during disaster situations. All such
equipment can only be imported under license. This is so irrespective
of the fact that Uganda is a party to the Tampere Convention which is
aimed at facilitating the importation and use of telecommunication
resources and assistance for disaster mitigation and relief. Still many
of the provisions of this Convention have not been domesticated.
However the license requirement may be relaxed through exemption
by the relevant minister.
The same applies to the importation of medicines and food items.
Medicines can only be imported when it is on an approved list of
drugs and by holders of a license. There is however provision to relax
these requirements through exemptions by the concerned minister.
The importation of food stuffs also requires special clearance from the
Ministry of Agriculture and a certificate from the Uganda National
Bureau of Standards. This too may be relaxed through exemption by
the relevant minister.
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Minimum Quality Standards
In Uganda Samples of relief items are normally
transmitted to the relevant government department and
ministries for verification of the quality and suitability before
their acceptance. This is in line with the recommendations
of the IDRL Guidelines that the disaster relief and initial
recovery assistance should be provided in accordance
with the principles of humanity, neutrality and impartiality.
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Transport
There are no legal provisions for special clearance of foreign registered
vehicles on entry into the country. And there is no automatic recognition of
foreign driving licenses which can only be approved by the relevant
minister. However relief vehicles are given temporary permits to operate in
the country but they are subject to taking out the Third Party Insurance
Policy.
 Likewise there are no special provisions exempting foreign aircrafts
from landing fees and other related charges.
Uganda is a party to the Convention on International Civil Aviation ( the
Chicago Convention of 1944) which commits member states to facilitate
the entry into, departure and transit through their territories of aircraft
engaged in relief flights and to ensure that the personnel and articles
arriving on relief flights are cleared without delay. However the provisions
of this international Convention are yet to be domesticated.
However relief vehicles are given temporary permits to operate in the
country but they are subject to taking out the Third Party Insurance Policy.
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Conclusion
The existing Ugandan policy, legal and institutional frameworks cover
some of the potential problem areas relevant to cross- border disaster
relief but leaves others unanswered. Uganda does not have yet a
comprehensive law to deal with disaster situations but has recently
formulated a National Policy on Disaster Preparedness and
Management. “The overall policy goal is to promote national
vulnerability assessment, risk mitigation, disaster prevention,
preparedness, effective response and recovery in a manner that
integrates disaster risk management with development planning and
programming.” It advocates for the enactment of a National Disaster
Law. It is hoped that such a law when enacted would address, inter
alia, those sticky issues pertaining to international disaster response,
especially procedures for;
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Conclusion Cont…
Operating a centralized early warning system to which the
information from various surveillance centers is forwarded and
processed to support the issuing of early warning alerts and
declarations of state of emergency.
Initiating, coordinating, regulating and terminating international
responses to disasters and health emergencies.
Adequate monitoring and oversight of the quality of international
disaster assistance.
Facilities for the transit of relief goods and transport when crossing
Uganda territory.
Uganda has ratified a number of international and regional legal
instruments relevant to disaster response, however few of these
have been domesticated into national legislation, another area that
requires urgent attention.
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THANK YOU FOR LISTENING
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