In 2005, 168 governments signed up to the Hyogo Framework for Action (HFA) 2005-2015: a 10-year plan to make the world safer from natural hazards. In doing so, they agreed to make disaster risk reduction a national and local priority in their own countries.
Now, nine years later, governments from the Asia Pacific region are convening in Bangkok at the 6th Asian Ministerial Conference for Disaster Risk Reduction to assess progress in this region and to discuss what should be included in the next ten-year global plan.
Without clear rules and regulations, and established legal frameworks for risk reduction, the lives and livelihoods of millions of vulnerable people will remain exposed to unnecessary and preventable risks from natural disasters and other hazards.
To implement their commitments under the HFA, at least 10 countries in Asia Pacific have adopted new laws for disaster management since 2005, including Thailand in 2007, and many are currently revising or developing new laws, such as Mongolia and Lao PDR.
This regional trend to adopt legislation on disaster management is particularly relevant here in Asia, where the increasing intensity of weather related disasters, rapid urbanisation and widening socio-economic disparities are increasing the vulnerability of risk-prone populations. Recent disasters in Asia, however, have demonstrated that disasters cannot be neatly compartmentalised and dealt with by one department or one law. Building resilience to disasters requires a strong web of laws and regulations.
When the eight story Rana Plaza garment factory collapsed in Bangladesh last year, it raised questions about the effective enforcement of building codes — especially when it was revealed that the last four stories were built without a permit.
In the Philippines, the majority of the approximately 6000 deaths from Typhoon Haiyan were caused by the storm surge that engulfed coastal areas. Recovery efforts have now highlighted the importance of regulations concerning hazard mapping and demarcation of safe dwelling areas in coastal areas.
In 2011, the impact of rapid urbanisation and land development was felt in Thailand when catastrophic floods killed 800 people and affected nearly 14 million - disrupting supply chains worldwide. This led to the drafting of a new integrated water management law (currently with the Law Reform Commission of Thailand), which will decentralise water management to the local level and promote better governance of water resources, preventing a repeat of the 2011 floods.
Implemented effectively, laws can and do save lives. Take Vietnam for example, where legislation on early warning, the establishment of dykes, drains and safe shelters as well as community awareness activities have led to a substantial reduction in lives lost from flooding and storms. While the flood level in the Mekong Delta in 2011 was similar to that of 2000, the number of deaths from floods had dropped from 600 down to 60.
Disasters are not inevitable. Much can be done to reduce risks posed by natural hazards and even more importantly, stop new risks from arising as a result of development. To build any collective resilience to natural hazards though, we need wide-reaching, inclusive and robust legal frameworks.
Legal frameworks do not stop at disaster management laws, a greater focus needs to be placed on the implementation of laws and regulations related to development planning and the environment, including building codes, land use planning, as well as environmental management and climate change laws.
Over the past two years, the International Federation of Red Cross and Red Crescent Societies (IFRC) and the United Nations Development Programme have been conducting a global study on the impact of laws and regulations for reducing disaster risks. Findings of this research have revealed that many countries face enormous challenges in implementing laws and regulations, especially at the local level. Ensuring that local authorities have the resources and capacity to carry out their responsibilities under their respective laws is essential, yet they often remain understaffed and underfunded.
Budgets, resources and training to address these gaps can be mandated by the necessary legislation.
Likewise, to increase implementation and effects on the ground, laws can support communities to make informed choices about the risks they face and the related decisions that affect their lives, such as where they decide to live. Mandating community representatives, as well as representation of women and vulnerable groups, in disaster management institutions and processes, for example, is crucial.
As representatives of governments, humanitarian/development sectors, and even private companies gather at the AMCDRR in Thailand this week; developing effective and inclusive legal frameworks must be seen as a high priority for building safer communities and reducing disaster risks.
Strong laws will be key to the future safety of the millions people still facing preventable risks in this region.
Tessa Kelly is the coordinator of the International Federation of Red Cross and Red Crescent’s Disaster Laws programme in Asia Pacific.