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Disaster Law: International Norms,
Problem Areas and Future Directions
(Barbados, 19-21 October 2011)
www.unisdr.org
www.unisdr.org
Key Regulatory Issues in Disaster Risk Reduction
Ricardo Mena
Head, UNISDR Regional Office-the Americas
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Who believes that everything will
be solved as soon as you have a
law in place?
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Paradigmatic shift: from a reactive to a preventive nature:
disasters are an unresolved problem of sustainable
development and; risk is constructed socially
Redefining development: current models have failed,
most of our States INCREASE vulnerability as they build
development (e.g. tourism sector development in DR)
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Strong legal framework-weak institutions and
implementing capacity. Capacity building as a key issue.
A single law cannot address all the underlying factors of
risk: environmental sustainability, watershed
management, municipal system law, health, education,
building codes and norms, land use planning and zoning,
mining, natural resources, climate change, etc, etc..
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Mixed progress towards achieving the HFA
2011 Global Assessment Report on Disaster Risk Reduction
2011 Global Assessment Report on Disaster Risk Reduction
Revealing Risk, Redefining Development
Revealing Risk, Redefining Development
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National DRR System or one single Agency or Office?
Overall responsibility falls in only one agency or every
agency does what they have to do within their area of
responsibility or mandate?
Who coordinates? Enough political weight/support?
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Defines State as the main agent responsible for DRR. At
what level? (national, sub-national, local)
Decentralized. Promotes participation of key actors
(government at all levels, civil society, scientific
community, academic sector, private sector, etc.)
Risk is localized. Population is mostly urban. Key role of
municipalities/local governments. UNISDR Disaster
Resilient Cities Campaign (2010-2015)
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Prescriptive, prospective, corrective and restrictive
intervention (Ecuador: risk licenses, Risk Management
Superintendence)
Open, systemic, dynamic and functional?
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Establishment of DRR Units/Office in charge of DRR
within each line ministry and entities at national level. If
not, who is responsible? (Colombia: DRR office also in
cities with population greater than 250,000)
Funding availability for DRR at all levels? Budgetary
allocations clearly defined? (Ecuador 80/20-50/50). The
principle of subsidiarity.
Gender-sensitive? Special considerations for other
vulnerable groups (elderly, children, handicapped)?
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Clearly defined coordination for development of land use
plans between the local, subnational and national levels?
Includes public investment as a instruments for DRR?
Cost-benefit analysis for DRR measures mandatory?
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Mandates the formulation of a National Disaster
Reduction Plan?
National disaster risk management information system in
place? (disaster loss database: evidence-based
information for decision-making). Links with other
information systems e.g. environment, statistics?
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Public investment planning
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Preventive risk reduction can generate a benefitcost ratio of 4:1
2011 Global Assessment Report on Disaster Risk Reduction
2011 Global Assessment Report on Disaster Risk Reduction
Revealing Risk, Redefining Development
Revealing Risk, Redefining Development
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Are financial protection mechanisms defined/identified
(CCRIF, Cat bonds, CAT-DDO)
Are financial incentives for DRR available?
$$$: is the distinction between risk reduction, response
and recovery well defined? (México, Colombia, Central
America FOCEGIR)
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Conditional cash transfer programmes used as an
opportunity to strengthen community resilience?
Need to advocate for DRR with Parliamentarians and
Political Parties (UNISDR/IPU publication) “DRR: an
instrument for achieving the MDGs”
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Identifying risk reduction & transfer options
2011 Global Assessment Report on Disaster Risk Reduction
2011 Global Assessment Report on Disaster Risk Reduction
Revealing Risk, Redefining Development
Revealing Risk, Redefining Development
www.unisdr.org
Adaptive social policies
2011 Global Assessment Report on Disaster Risk Reduction
2011 Global Assessment Report on Disaster Risk Reduction
Revealing Risk, Redefining Development
Revealing Risk, Redefining Development
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Effective risk governance
Political authority
Overall responsibility for DRM in central ministry
with planning authority
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Realistic decentralisation
Incremental devolution of responsbilities along
with appropriate resources.
Culture of partnership
‘Open access’ public administration
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Thank you
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