By Mireille Le-Ngoc
In August 2014, the Seychelles adopted a new Disaster Risk Management Act, which sets out that country’s first comprehensive legal framework for disaster risk management. The Seychelles Red Cross Society with support from the IFRC Disaster Law Programme was closely involved in advising and assisting the Seychelles authorities in the development of the act.
The new legislation designates the Division of Risk and Disaster Management (DRDM) as the national body for disaster risk management responsible for, among other things, the preparation of the National Disaster Risk Management Plan and Strategy and implementation of the integrated emergency management and coordination system. As Divina Sabino and Paul Labaleine from the DRDM point out, “Before the law and policy were established, the DRDM functioned to implement the standards of the HFA (2005-2015) as a guideline. The DRDM had no legal authority to impose or restrict any measures other organizations were taking, but only to provide inputs. Most organizations respected DRDM as an authority but without legal backing, nothing was compulsory.”
Many recommendations of the Guidelines for the domestic facilitation and regulation of international disaster relief and initial recovery assistance (also known as the IDRL Guidelines) and the IFRC/OCHA/IPU Model Act on IDRL were incorporated into Part V of the new legislation, which deals specifically with international assistance. The law establishes a procedure to request, offer, accept and terminate international assistance. Furthermore, it grants legal facilities to humanitarian organizations including entry of personnel, freedom of movement, temporary recognition of professional qualifications, tax exemptions, recognition of foreign drivers licences, use and setting up of telecommunication equipment, opening of bank account, security and safety.
Moreover, the law requires humanitarian organizations to cooperate and coordinate with national authorities, to ensure quality of medications and equipment, to comply with principles of humanity, independence and impartiality, and to dispose of equipment and unused goods in an appropriate manner. During emergencies, these provisions are expected to help limiting delays, restrictions and costs of international disaster relief while ensuring adequate oversight and quality of the assistance provided.
The new law also creates different committees, including the National Disaster Risk Management Committee. The Seychelles Red Cross Society’s role as an auxiliary to public authorities in humanitarian activities is reaffirmed as the legislation grants it membership to the committee which advises the government on matters related to disaster risk management.
Two other committees, the Vulnerability Assessment Committee and the National Platform for Disaster Risk Reduction, demonstrates the new act’s intention to not only address the relief phase of an emergency but also disaster risk reduction. Moreover, the act ensures that guidance on how to assess and reduce disaster risk is provided to government institutions, as well as private sector entities, non-governmental organisations, communities and individuals.
In addition, the new legislation includes several provisions on shelter management. It requires the Disaster Risk Management’s Director General to establish and maintain a list of premises available and suitable for the use as shelter in case of an emergency. It also provides a procedure for temporarily requisitioning land. Consequently, these provisions ensure preparedness for provision of shelter and address certain regulatory barriers to providing emergency and transitional shelter.
The new legislation also includes other interesting aspects, such as the requirement of disaster risk management plans for government institutions and prescribed private organisations. It establishes a National Multi-Hazard Risk Communication Alert and Warning System for Seychelles, a National Disaster Risk Management Fund and a Register of Volunteers. It also prescribes a procedure for declaration of disasters and for the organization of drill exercises.
“The DRDM’s budget previously fell under the Ministry of Environment and was barely sufficient for operational costs. With the law, DRDM now has a specific budget allocated for disaster risk management to support the running of the Division to at least a more effective standard,” notes Ms. Sabino and Mr. Labalaine. “Moreover, the Disaster Risk Management Information System (DRMIS) created under the law will make provisions for data collection, more frequent reporting, updated information, rapid inter-agency communication and the purchase of necessary hardware and software to optimize this system.”
Looking forward Ms. Sabino and Mr. Labalaine add: “[t]he law has come at an opportune time as a requirement under the HFA 2005-2015. The Disaster Risk Management Policy2014 will serve, together with its 5-year strategic plan, as a guide to reshape disaster risk management in Seychelles and to ensure that international standards are adopted and adhered to. The law will act as a legally binding document to guide the policy and see it through. The law will be updated every 4 years or when deemed necessary.”