Page 1 of 39 Caribbean Emergency Legislation Project National Workshop Flamboyant Hotel and Villas Bougainvillea Conference Room St. George’s, Grenada March 22, 2010 9:00 a.m. – 4:30 p.m. DRAFT Workshop Report Introduction In the context of the Caribbean Emergency Legislation Project (CELP), the Department of Sustainable Development conducted the first of two national workshops in Grenada. The objective of the workshop was to share project findings and experiences at the national level regarding disaster and emergency management. Moreover, the workshop aimed at establishing a dialogue on best practices that would be applicable to the disaster legislation in Grenada and the Caribbean. Opening remarks and General overview of the workshop Mr. Terence Craig, OAS Representative, welcomed the workshop’s participants and briefly highlighted OAS initiatives in the area of disaster management. Following Mr. Craig, Mr. Timothy N.J. Antoine, Permanent Secretary in the Ministry of Finance, Planning, Economy, Energy and Cooperatives, provided the main opening remarks. Mr. Antoine pointed out the importance of convening the workshop, and went on to mention the region’s dependency on tourism and its vulnerability to natural disaster. He noted that it was necessary to minimize vulnerability and increase resilience. Mr. Antoine emphasized that national development demands a comprehensive approach to disaster management, which
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Caribbean Emergency Legislation Project
National Workshop
Flamboyant Hotel and Villas
Bougainvillea Conference Room
St. George’s, Grenada
March 22, 2010
9:00 a.m. – 4:30 p.m.
DRAFT Workshop Report
Introduction
In the context of the Caribbean Emergency Legislation Project (CELP), the Department of
Sustainable Development conducted the first of two national workshops in Grenada. The
objective of the workshop was to share project findings and experiences at the national level
regarding disaster and emergency management. Moreover, the workshop aimed at establishing
a dialogue on best practices that would be applicable to the disaster legislation in Grenada and
the Caribbean.
Opening remarks and General overview of the workshop
Mr. Terence Craig, OAS Representative, welcomed the workshop’s participants and briefly
highlighted OAS initiatives in the area of disaster management. Following Mr. Craig, Mr.
Timothy N.J. Antoine, Permanent Secretary in the Ministry of Finance, Planning, Economy,
Energy and Cooperatives, provided the main opening remarks.
Mr. Antoine pointed out the importance of convening the workshop, and went on to mention
the region’s dependency on tourism and its vulnerability to natural disaster. He noted that it
was necessary to minimize vulnerability and increase resilience. Mr. Antoine emphasized that
national development demands a comprehensive approach to disaster management, which
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could be furthered by such joint initiatives as those taken by conducting Workshop. Moreover,
he pointed to immediate concerns such as the fact that Grenada was experiencing a drought,
and that proper preparation was required for the 2010 hurricane season. Mr. Antoine also
shared some lessons learnt regarding the management of national disasters from other nations
such as Chile and Cuba. Thus he indicated the importance of establishing a curfew to prevent
looting; the need for the Police Force to act promptly and appropriately, and for the
establishment of clear rules before the occurrence of the disaster. Furthermore, he pointed to
the need to submit a National Report on National Disaster Management to Parliament on an
annual basis.
Following Mr. Antoine, Ms. Michelle-Ann C. Williams, Legal Specialist, OAS-DSD, highlighted the
objective of the project and the need for a comprehensive approach to disaster management.
Ms. Williams offered an overview of key issues in disaster legislation and the CELP, and then
introduced the presenters. She concluded by stating that the expected main output of the
discussions would be a set of recommendations for the implementation of clear and
transparent procedures before, during and immediately after the occurrence of a natural
disaster.
During the course of the one day workshop, approximately forty participants representing
various stakeholders from the Government of Grenada, including the National Disaster
Management Agency, local NGOs as well as consultants and representatives from the insurance
sector (see Annex 1 – Participant List) discussed the objectives and national developments to
date on issues addressed by the CELP: legal and institutional framework concerning the
declaration of a state of emergency or disaster; how the government budgets and appropriates
for natural disasters; transparency and accountability; and best practices.
Key experts from the: National Disaster Management Agency (NaDMA), Ministry of Finance,
Grenada Red Cross Society, insurance sector, as well as consultants and researchers shared
national experiences on the abovementioned issues. The presentations were then followed by
working group sessions in which each group addressed one of the following overarching topics:
Legal and Institutional Framework, Financial Mechanisms, and Transparency and Accountability
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(including Best Practices). The conclusions and recommendations of the working groups were
then presented to the plenary for discussion and final recommendations. The following sections
of this report will discuss each of the issues as they were presented and discussed by the
working groups.
Issue 1: Legal and Institutional Framework
Presentation: State of Emergency, Budget Appropriation, Execution and Accountability: Key
Challenges in Grenada’s Legal and Institutional Framework
Presenter: Judy Daniel, OAS-DSD consultant
The main legal instruments pertaining disaster and emergency management in Grenada are the
National Constitution, the Statutory Rules and Orders (SR&O) No. 20 of 2004; and the
Emergency Powers Act Cap 3 of the 1990 Revised Laws of Grenada. These instruments
indicated that: (1) the Governor-General has the power to declare a State of Emergency on the
advice of Cabinet and (2) the Prime Minister has the power to make a disaster declaration. An
important aspect of this construction is the high level of coordination required between the
two high authorities for streamlining actions and preventing anarchy. The National Disaster
Management Agency (NaDMA), a department in the Office of the Prime Minister, is the lead
agency with responsibility for coordinating disaster management and response. Various
Ministries and departments of Finance, Health, Works, Legal Affairs and Education are
responsible for the design of their own institutional disaster management plan.
Despite the great effort placed on disaster management, more attention should be given to the
pre-disaster period. This would redirect the focus from recovery to preparedness. So for
example, emphasis should be placed on the enforcement of the CARICOM Building Code.
Further, NaDMA’s budget of XCD165,000.00 for 2010 would not be enough for proper
execution of its tasks and may require an increase.
The presentation concluded with the following recommendations on legal and institutional
issues:
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• Amend the law to give powers to the Governor-General to declare a State of
Emergency without Parliamentary approval
• Specify clearly the instances when declarations should be made
• Broaden the definition of disaster
• DRAFT a comprehensive disaster management legislation
• Establish cooperation arrangements among CARICOM countries on leadership
matters during disasters as a pro-active measure against a leadership vacuum and
provide an option to maintain transitional leadership.
Presentation: National experiences: National Disaster Management Agency
Presenter: Benedict Peters, National Disaster Coordinator, National Disaster Management
Agency
The presentation began by highlighting the vision and mission of NaDMA, which includes
increasing the national population’s understanding of and participation in the risk reduction
process. The mission, more specifically, is to develop a culture of Disaster Risk Reduction among
all sectors of the islands’ society. The organizational structure of NaDMA was also discussed in
addition to initial actions in the case of an emergency, and the composition of the various
committees.
The key challenges faced by NaDMA are: budget constraints and delays in the enactment of the
National Disaster Draft Laws; and the weak relationships between stakeholders and national
committees, as well as between district and community level committees. The presenter
endorsed the recommendation made by the Permanent Secretary of Finance, Planning,
Economy & Energy and Cooperatives regarding the submission of an annual report to
Parliament. It was reiterated that NaDMA’s strength was at the grassroots and community level
and that an initiative has been undertaken to deepen the relationship with them. Further, it
was noted that educational programmes, based on the disaster preparedness approach for
schools, and media programmes, have helped citizens understand the NaDMA’s role.
Presentation: National experiences: The Grenada Red Cross Society
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Presenter: Samantha Roberts
The presenter emphasized that the Grenada Red Cross Society (GRCS)1 was an important
stakeholder in emergency situations and advised that the guiding principle was humanity.
Although the GRCS’ aim is to prevent disaster, in case of a disaster, the goal becomes to work
towards a state of normalcy in a short period of time. It terms of disaster response, a regional
tem is deployed hours before the disaster occurs, and once a state of emergency is declared,
300,000 Swiss francs becomes available for relief efforts. Further, the GRCS has been given a
role in the Local Response System and in NaDMA’s Draft Emergency Plan.
The GRCS’ strengths include: real time experience from hurricanes Ivan & Emily, increased
visibility and dependability, external partners (government, media, IFRC) and a national
coordinating mechanism. These strengths give the GRCS significant credibility. The GRCS also
receives monetary support from the government of Grenada to pay the salary of one staff
member.
Among its major weaknesses and challenges are: competition from ad hoc groups (post –
disaster situation), resulting in the need for laws to set boundaries; lack of funding (government
subvention of XCD2,000.00 is not sufficient); loss of staff and volunteers; unclear roles and
responsibilities in the areas of coordination and implementation; the receipt of unsolicited
goods, as well as the need to replace stock 6 months before their expiration.
After the presentations, the working group on Legal and Institutional Issues, under the
guidance of group leader Mr. Teni Housty considered, inter alia, the following questions, in
their discussion
• What are the factors contributing to delay in adopting legislative amendments?
• What are the critical legislative deficiencies in the Caribbean?
• Are the institutional frameworks being used in the Caribbean sufficient to meet disaster
management requirements?
1 The GRCS has a trained staff of five, and four trained volunteers.
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• How can the institutional structure be reformed to better accommodate the current
circumstances with respect to disaster management?
The following recommendations were then offered by the working group and plenary:
• It was noted that there were areas where relevant laws were non-existent and that
political will was required for the enactment of emergency legislation. In cases where
the law does exist, it was recommended that the ‘source of the law’ should be
considered before an amendment is adopted.
• It was mentioned that lack of knowledge of the legislative process and a clear policy
framework were critical deficiencies.
• A reform of the institutional structure could be only successful if a legislative framework
for NaDMA is adopted.
• Implement legislation and other mechanisms to deter post-disaster challenges such as:
looting, price gauging, inflated labour costs in the construction sector, uncertified
constructors preparing estimates for rebuilding of residences, and an influx of foreign
construction workers.
• The powers of the Prime Minister should be further defined – not only to announce that
a national disaster has occurred but also to announce penalties for illegal conduct of
corporate and individual citizens.
• Clarify the law on the compulsory use of property, such as certain buildings (e.g.
churches) being used as shelters. The question arose as whom is liable when someone is
injured in, for example, a church building officially designated as a shelter – the
government or the church?
• Address the seeming conflict between the powers of the Prime Minister and the
Governor-General with respect to the declaration of State of Emergency. It was noted
that the Prime Minister could only declare that a national disaster has occurred and that
the Governor-General has the powers to declare a State of Emergency on the advice of
Cabinet. Conflict would only arise if the Prime Minister and the Governor-General ‘are
not on the same page’ which was considered as highly unlikely.
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• Legislate the role of the Grenada Red Cross Society for both pre- and post disaster
situations
• Provide continuous training for community volunteers and conduct simulation exercises
in schools and communities.
• Clearly define relief goods
• Allocate more funding for disaster management
• Clarify and define functions of the GRCS and ad-hoc organizations.
• Consider the needs of citizens in response teams and their families. While these persons
are in the field assisting others, there are no mechanisms in place to assist them and
their families.
Issue 2: Financial Mechanisms
Presentation: How the Government of Grenada budgets and appropriates for natural disasters
Presenter: Kerry Pierre, Budget Officer, Ministry of Finance, Planning, Economy & Energy and
Cooperatives
The presenter began by addressing the legal framework for budget appropriation and current
practice in Grenada. Section 77 of the Constitution provides for the presentation of Estimates
of Revenue and Expenditure and the approval of an Appropriation Act every year. Also, Section
33 of Public Finance Management Act no. 27 of 2007 provides for a Contingencies Fund into
which Parliament can appropriate funds. The Ministry of Finance may make advances from this
Fund for urgent and unforeseen needs via a contingencies warrant (there is currently no
allocation to this Fund). A Supplementary Appropriation Bill is required for all advances from
the Contingencies Fund.
Therefore, in terms of procedure when a natural disaster occurs, damage assessments are
undertaken first. Secondly, a special warrant is approved for the required ministries and
departments, such as Works and NaDMA, and a supplementary appropriation is then approved
by Parliament. It was noted that a special Bank Account has established to receive grants and
other contributions (donors, residents, etc.). After Hurricane Ivan, the Hurricane Ivan Relief
Fund was established by the Accountant General. Parliament approved the establishment of a
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Reconstruction and Development Fund, and an Agency for Reconstruction and Development
(ARD) with a 5 year mandate. It also approved the National Reconstruction Levy (NRL - used for
agriculture, education and youth development). Periodic reports were sent to Parliament on
the state of the funds and use of proceeds. The ARD closed in October 2007 because external
funding was exhausted. The NRL was repealed from January 2009 (after 3 years).
The presenter raised the question of whether the Contingencies Fund or a portion thereof
should be earmarked for natural disasters, and if yes, how much. An amount of 1% of the total
budget was suggested as an option. The presenter also acknowledged that budget
appropriation for mitigation was insufficient but stated that ‘their hands were tied’ in a
situation where the demand on scarce resources is high. Regarding the allocation process, the
opportunity cost of appropriations must also be considered.
Presentation: Financing Strategies for Disaster Risk Management in the Caribbean
Presenter: Jason Alexander, Senior Researcher, Cipriani College of Labour and Co-operative
Studies
The presenter discussed financing strategies for disaster risk management before (ex ante) and
after (post ante) disasters occurs in the Caribbean. The link between the two approaches of
financing was examined. It was highlighted that there were either no or limited funds directly
allocated for disasters and disaster prevention, and that there were no national building codes.
The presentation indicated that reliance on ex-post financing strategy had adverse
consequences, namely the: slow release of funds, need to mobilize an aid-negotiating team
with donors, possible misuse of funds (politics), possible diversion of funds for other major
disasters by donors, and emergency loans compounded existing fiscal and balance of payments
imbalances.
Reference to Hurricane Ivan Experience in Grenada (September 2004) was made and it was
urged that Caribbean governments should establish substantial national funds for disaster
management and emergency response, and that these funds should be supported by
procedures that ensure impartiality.
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The presenter also mentioned a World Bank Report which stated that less than 1% of houses in
the region were insured against natural disaster. A simulation of investment in structural
mitigation, using 1990 as base year2, was demonstrated. Assuming that a $1.00 investment
would save $2.00, a scenario was presented that if US$1m was invested per year, the resource
gap existing after Hurricane Ivan could be reduced.
An overview of ex-ante and ex-post strategies were given as follows:
Ex-ante strategies :
• Catastrophe finance
• Insurance
• Investments in mitigation
• Catastrophe bonds
• Contingent credit
• Weather derivatives
• Catastrophe Surplus Notes
• Catastrophe Swaps
• Catastrophe Equity
• Exchange Trade Catastrophe
Ex-post strategies:
• Loan Diversions
• Central Bank Loans
• Budget Re-allocation
• Taxation
• International Aid
• External Debt
The following conclusions were then presented:
• Formulate and adopt pro-active financing strategies - provision of funds in the pre-
disaster period - to minimize losses in the post-disaster period;
2 1990 was declared as the International Year for Disaster Risk Reduction
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• Establish other national instruments to complement the Caribbean Catastrophe Risk
Insurance Facility (CCRIF) such as the issuance of Catastrophe Bonds (even though they
have high transaction costs);
• Provide innovative fiscal incentives that will encourage economic actors to invest in
structural mitigation (e.g. tax breaks for solar panels in Barbados)
• Widen the definition of disasters to include hurricane, earthquake and windstorms.
• Any dialogue on financing strategy should begin with ex-ante financing strategies, and
poor and marginalized communities should be targeted since disasters could perpetuate
poverty.
Presentation: Insurance as a disaster risk reduction tool
Presenter: Molly Roberts, Branch Manager, Beacon Insurance Company Limited, and President,
Association of Grenada Insurance Companies
The presenter began by indicating that Hurricane Ivan was undoubtedly Grenada’s largest
disaster in modern times. Many homes were grossly under-insured or not insured at the time;
thus homes many could not be rebuilt, and for those that could be, it was clear that
reconstruction could not be similar to pre-Ivan construction and occupancy.
The following categories of risks that could be covered by insurance were discussed:
1) Private and Commercial Properties (building, contents, equipments, machinery, etc.)
2) Motor vehicles
3) Business Interruption (Loss of income is offered with property coverage)
4) Marine (Hull and Cargo)
5) Stock (Retail)
6) Life
7) Health
8) Livestock
It was emphasized that a lack of insurance by individuals or businesses could impose a huge
burden on government such as: increased cost on public health facilities, increased demand for
social benefits when the main financial provider incurs loss that could not be cushioned by
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insurance benefits; and loss of jobs when businesses can no longer service fixed costs and
wages therefore leading to increased unemployment.
Caribbean governments were commended for the establishment of the Caribbean Catastrophe
Risk Insurance Facility (CCRIF) under the guidance of the World Bank and it was noted to date
the facility had paid out millions of dollars with Haiti being the latest beneficiary3. The
presentation was concluded by reiterating that although insurance was just one of many
disaster risk reduction tools, it was the most popular and the most effective.
After the presentations, the working group on Financial Mechanisms, under the guidance of
group leader Mr. Jason Alexander, considered, inter alia, the following questions in their
discussion
1. Identify and list the funding sources available for disaster management?
2. What are the best mechanisms for sustainable disaster funding?
3. How can donor funding be converted into sustainable disaster funding?
4. How can the private sector in the Caribbean contribute/share the costs of disaster
funding?
They also considered cross-cutting issues such as:
• Barriers to accessing funds from different donor agencies.
• Capacity to access funding, as many times money allocated to Grenada has been
returned to the donor agency. Thus the question arose as to what can be done to
minimize the return of funds.
• There are multiple requirements for obtaining funding from different agencies
• Caribbean Government Agencies, NGOs, CBOs and others lack the requisite knowledge
for the development of effective proposals for accessing disaster funds or developing
suitable projects to attract funding;
• Complicated and lengthy grant proposal processes (including proposal writing); and
3 For the June 12, 2010 earthquake Haiti received a $7.75 million payment from the CCRIF.
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• Caribbean Government Agencies, NGOs, CBOs and other organisations often have
limited/no capacity or human resources to undertake proposal writing for disaster
grants and funding.
• Identifying the OAS’ approach to channeling funds for assistance to mitigate disasters
either through the government or direct arrangements with the organizations
The following recommendations were then offered by the working group and plenary:
• Potential funding sources should be identified such as the: Organisation of American
States (OAS); Canadian International Development Agency (CIDA) - Disaster Risk
Management Program; Caribbean Development Bank (CDB) - Basic Needs Trust Fund
(BNTF); United States Agency for International Development (USAID); European Union
(EU); Global Environment Facility (GEF); World Bank; Caribbean Disaster Emergency
Management Agency (CEDEMA); Caribbean Community (CARICOM); Insurance
Companies.
• Approach donor organization as a region through CDEMA instead of bilateral
arrangements. This was deemed the best mechanism for sustainable disaster funding,
the recommendation was to.
• Convert donor funds into sustainable disaster funds by:
∗ Utilizing donor funds in the pre-disaster period to reduce disaster vulnerability via
structural mitigation measures and other ex ante financing strategies; and
∗ Utilizing donor funds for educational purposes involving youth and vulnerable
communities e.g. printing pamphlets, distributing, conducting seminars in schools.
• Share the cost of disaster funding by, inter alia, engaging the private sector and
appealing to corporate stewardship by inviting them to participate in projects at the
community level; or propose that they reserve interest earned on large deposits or
profits for disaster mitigation/management projects. Further recommendations include:
∗ Partner with Government Agencies, NGOs, Community Based Organizations (CBOs)
and others that are involved in disaster risk reduction activities/projects;
∗ Fund projects to reduce the vulnerability to natural disasters in the communities
within which they operate; and
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∗ Reserve a principal sum of money and make the accrued interest available for
disaster reduction projects/activities whilst retaining the initial principal.
• Donor agencies should try to harmonize the requirements for accessing disaster funding
and proposal writing. In the event that this cannot be accomplished, donor Agencies
should educate individuals in Caribbean Government Agencies and especially those in
NGOs, CBOs etc. on (1) the availability of disaster funding; (2) requisite methods and
processes for obtaining disaster funding; and (3) the methodologies for
developing/writing effective proposals; and
• Donor Agencies should simplify the complicated processes and bureaucratic activities
involved in the proposal writing and processing stages of accessing disaster funding.
• Caribbean Government Agencies, NGOs, CBOs and other organizations should market
their strengths (knowledge of the local context, etc.) and reach4, to clearly show
external donor agencies what they bring to the negotiating table.
• Civil society organizations should share with other stakeholders, successful lessons on
accessing funding from agencies
• CBOs should be informed when assistance is made available for the country and
workshops should be held to build the institutional capacity of CBOs to ensure
understanding of the procedures and guidelines for applications.
• The OAS could assist governments as part of their mandate in securing funds from
external donor agencies. Also, it was deemed more important to formulate programmes
instead of ad hoc projects.
• It was clarified that the Ministry of Finance has established two Grant Fund Accounts to
ensure that funds would not be deposited in the Consolidated Fund.
Issue 3: Best Practices, Transparency and Accountability
Presentation: Identification of Best Practices
Presenter: Teni Housty, OAS-DSD Consultant
4 Reach includes the ability to target disaster funding to seriously affected communities when seeking external
donor assistance.
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The presenter informed the participants that the goal was to identify best practices with
respect to disaster mechanisms globally, based on similarity in experience and structures, new
and responsive laws, and accessibility to information. Seven categories of best practices, were
identified:
1. Declarations
2. Funding, Infrastructure and Budgetary Appropriation
3. International Aid
4. National Security
5. Health
6. Communications; and
7. Additional
These were taken from 45 cases from all over the world5. The following are examples of best
practices under these categories
Declarations
• Countries should not be tied to specific labels of disasters or emergencies. Whichever
term is utilized in legislation, the specifics of the events that are intended to be
encompassed by the definition should be provided;
• Emphasis should be placed on the impacts, causes and results of the particular activities
which constitute disasters;
• Categories of natural and man-made disasters should be maintained, combined with the
impacts, causes and results, holistic definitions can be developed; and
• Emphasis should be placed on threats of disasters and threats of emergencies in
definitions. This emphasis will allow for effective pre-emptive action to be taken to
address disasters and emergencies before they occur.
The procedures of the declarations should be as follows:
� The authority to make the necessary declarations should be clearly spelt out in
legislation;
5 Africa – The Gambia and South Africa ; the Pacific – The Marshall Islands, Australia, Fiji, Micronesia and Vanuatu;
Asia – Singapore, India, Indonesia and the Phillipines; Americas – United States of America, Canada, and Colombia.
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� Provisions requiring acting on advice and recommendations support accountability, and
reduces arbitrariness in the exercise of powers and prohibits abuse;
� The declaration should be in writing with as many particulars and specifics as are
necessary to address the specific situation; and
� Provisions should be made for the declaration to be communicated to the widest
possible audience within the shortest period of time.
� Flexibility should be provided regarding the duration of the declaration having regard to
the actual circumstances which originally caused the declaration to be made.
In relation to powers and responsibilities, declarations should:
� Be specific regarding the powers to be exercised and the person or agency exercising
those powers;
� Clearly identify powers which have been suspended or varied should; and
� Clearly express powers of coordination in the instrument used to initiate the
declaration.
He also pointed out that where in existence, the preservation of regulation-making powers in a
declaration is essential for the effective introduction of supporting and enabling measures and
needs to be introduced where absent.
Funding, Infrastructure and Budgetary Appropriation
• Should include dedicated annual and recurring funds;
� Must be established as a supplementary or contingency source of funding that can be
accessed when primary funds for disaster recovery and rehabilitation are exhausted or
disaster exceeds a certain magnitude;
� Allocation of funds must be made based on a realistic risk assessment of future disaster
costs;
� Include disaster funds that are supported by procedures and guidelines that ensure
impartiality, accountability, efficiency and discourage waste and moral hazard;
� Include a disaster funding mechanism allowing for pooling of risk between public and
private sector stakeholders;
� Disaster funding mechanism must be supported by legislation.
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International Aid
• Clear provisions for the initiation and termination of international aid relief;
� Privileges and immunities with respect to immigration & customs;
� Privileges and immunities with respect to goods & equipment (including medical
supplies);
� Privileges and immunities with respect to taxes, tariffs and duty.
� Privileges and immunities with respect to transportation (freedom of movement, waiver
of restrictions, tolls, etc.
� Legal status to international organization in domestic jurisdiction (operate, contract,
sue) and immunity from prosecution for relief activities.
National Security
� The inclusion of national security considerations in the definitions of disasters and
emergencies are important in providing the scope and basis for effective action.
Responses to terrorism and terrorists acts as a basis for emergency action are examples
of effective action based on clear legislative definitions;
� The importance of coordination among representative and stakeholder agencies is as an
important element of best practices in response to disasters and emergencies;
� Depending on the nature of the threat, there would be a need to implement a longer
period for the duration of emergency related to national security. Periods of 90 days
appear to be too short to address national security emergencies. The procedure of
extending emergency declarations should not be cumbersome. Lapses in renewal may
permit breaches of the measures put in place;
� There is an important interaction among national security interests, established rights
and human rights. The response to national security concerns should not be to the
limitation of enshrined human and other rights.
Health
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� The definition and scope of public health concerns, (diseases and pandemics) to enable
the widest possible basis for action a wide definition of specific health consequences
would be useful;
� Pre-emptive action in response to a public emergency threat in another jurisdiction is a
useful practice to adopt. This can reduce the impact of the disaster on the national
population;
� The importance of the adequacy of legislation in the absence of enabling legislation
there will be delays in implementing the appropriate measures;
� The impact of public health measures on existing laws must be considered. Enabling
laws should be strengthened while potentially restrictive laws and requirements should
be suspended;
� Waivers of statutory provisions in the interest of public health emergencies are useful
tools for the effective implementation of health related emergency measures;
� The requirement of a reporting mechanism is a useful measure as it allows the executive
to be kept informed of the progress and measures utilized to address the emergency;
� The immediate allocation of funds to alleviate the impact of the threatened emergency
is a useful mitigation strategy; and
� The emphasis on the dissemination of information is a key strategy to address the
potential and actual impacts of a threatened health related disaster or emergency.
Communication strategies
� Adoption and ratification of the Tampere Convention on the Provision of
Telecommunication Resources for Disaster Mitigation and Relief Operations (“Tampere
Convention”);
� Adoption of a stated emergency telecommunication action plan and designated
emergency telecommunications coordinator;
� Reduction or waivers of regulatory barriers to the type, importation and deployment of
telecommunications resources during a declared emergency;
� Granting of certain privileges and immunities to organizations and individuals providing
telecommunications assistance.
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The presenter also highlighted the importance of including remedial measures in legislation as
exemplified in the Philippines, where it is provided that, ‘The declaration of a state of calamity
shall make mandatory the immediate undertaking of the following remedial measures by the
member-agencies concerned as defined in this Act:
(a) Automatic imposition of price control of basic necessities by the Department of Trade and
Industry, in areas declared under a state of calamity;
(b.) Monitoring, prevention and control of over pricing/profiteering and hoarding of prime
commodities, medicines and petroleum products by the local Price Coordinating Council;
(c) Programming/reprogramming of funds for the repair and safety upgrading of public
infrastructures and facilities; and
(d) Granting of “one-year, no-interest loans” by government financing or lending institutions to
the most affected section of the population.’
The presenter concluded by advising that in terms of specific provisions, the timing, duration,
potential for abuse, existing rights and waivers should be identified. He also encouraged the use
of the concepts ‘pre’ and ‘prior’ in relation to disaster planning mechanism
After the presentation, the working group on Transparency and Accountability under the
guidance of group leader Ms. Judy Daniel considered, inter alia, the following questions, in their
discussion
1. What is an appropriate structure for disaster management activities?
2. What should be the role of the central and local governments in transparency and
accountability?
3. How should the role of the central and local government in transparency and
accountability be limited?
4. What are the key factors that lead to deficiency in accountability and transparency?
5. Does the transparency and accountability framework incorporate civil society and
the private sector?
6. How should transparency and accountability framework be extended to civil society
and the private sector?
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7. What is the role of transparency and accountability in short-term and long-term
disaster management activities?
The following recommendations were then offered by the working group and plenary:
• Enact legislation to establish new structure of NaDMA to ensure more autonomy
and timely action, and minimize political involvement
• Enhance how committees at the various levels function, by stipulating that a
representative from a relevant Ministry attend committee meetings.
• Redefine the scope of disaster management and the focus of NaDMA
• Clarify, in terms of accountability, the relationship between the Office of the Prime
Ministers as the lead agency and the other committees. It was noted that designated
officers are not always available which often hinders the decision making process.
• Establish procedures among the committees, NaDMA, private sector, civil society
organizations, and the various ministries and departments
• Enhance the flow of information between committees and the ministries, and
ensure timely feedback and government endorsement of recommendations from
committees
• Remedy the issue of inconsistent decision making especially when senior public
officers are transferred to other ministries
• Establish flexible mechanism to implement recommendations from committees
• Transparency initiatives should involve civil society and the private sector
• Implement short term disaster management activities by:
∗ Enhancing public education and awareness programmes in collaboration
with the Royal Grenada Police Force and schools
∗ Formulating training programmes and guidelines for volunteers and
permanent staff
∗ Formulating programmes to encourage a higher degree of participation
and coordination at the community level
∗ Encouraging preparedness at the household level to allow for effective
response
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• Incorporate transparency and accountability in long term disaster management
activities by:
∗ Redefining the terms and conditions for volunteering
∗ Addressing the negative/political image of NaDMA
• Enhance awareness and strengthen community participation
• Build sensible partnerships with the private sector and introduce disaster
management incentives to encourage investment and participation in community
projects.
• Conduct regular meetings with stakeholders because disaster management
requires a multi-disciplinary approach. Meetings would enhance collaboration and
partnership
Finally, in the Plenary discussed how participants and project countries could share and learn
from the realities of Hurricane Ivan in Grenada and the earthquake in Haiti. They
recommended:
• Documenting lessons learnt and sharing those that would be helpful such as in
public education programmes
• Reviewing the Public Health Act and laws dealing with water to ascertain the proper
procedures to be implemented before, during and after a disaster.
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Annex 1 – List of Participants
Caribbean Emergency Legislation Project
National Workshop
Flamboyant Hotel and Villas
Bouganvillea Conference Room
St. George’s, Grenada
March 22, 2010
9:00 a.m. – 4:30 p.m.
List of Participants
GOVERNMENT INSTITUTIONS
1. Ministry of Finance Planning, Economy, Energy and Cooperatives