Disaster law consultancy

Since 2001, the International Federation of Red Cross and Red Crescent Societies (IFRC) has been undertaking research, consultations and technical support on issues related to the law of disasters. For most of that time, its focus has been on “international disaster response laws, rules and principles” (IDRL), in other words, the regulation of international assistance in the case of non-conflict disasters. In recent years, however, it has also started to expand its focus to other issues related to disaster law.

In 2007, the 30th International Conference of the Red Cross and Red Crescent adopted the “Guidelines for the domestic facilitation and facilitation and regulation of international disaster relief and initial recovery assistance” (also known as the “IDRL Guidelines”). The IDRL Guidelines are recommendations to states on how to prepare their domestic legal and institutional frameworks to handle the most common regulatory problem areas with regard to international relief. The International Conferences’ resolution called on states to use the Guidelines to strengthen their national legal, policy and institutional frameworks and invited the IFRC and National Societies to assist them in doing so. In 2011, the 31st International Conference reiterated the urgency for all states to make use of the IDRL Guidelines. It also invited the IFRC and National Societies to broaden the areas of support they provide to states to additional areas of law and disasters. The programme changed its name in early 2012 to the "Disaster Law Programme", to reflect its evolving focus.

The disaster law programme is one of the MENA DM Unit’s strategic priorities listed in the DMU long term planning framework 2011-2015, which includes work on the promotion and implementation of activities related to strengthening the legal basis for responding to disasters, including facilitating and regulating international assistance in cases of disasters. To start working to achieve this goal; IFRC will contract a consultant for a specific period of this year (with generous support from Norwegian Red Cross) to conduct an analytical study on the laws of disasters in the Middle East and North Africa region, and then to organize a regional workshop in addition to more tasks according to attached terms of reference.

Alignment to the IFRC’s objectives and strategy

Strategy 2020, the overall strategic framework of the International Federation of Red Cross and Red Crescent Societies identified three strategic aims:

1. Save lives, protect livelihoods, and strengthen recovery from disasters and crises
2. Enable healthy and safe living
3. Promote social inclusion and a culture of non-violence and peace.

The consultancy shall addresses strategic aim one by emphasizing that appropriate laws are crucial to ensure the speed and effectiveness of humanitarian assistance. Therefore, national legal preparedness and international legal cooperation through the development and promotion of disaster laws, principles and rules shall be strengthened by this consultancy.

Project objectives

The consultant shall

(1) conduct a baseline study on 5 countries in the MENA region on the current status of domestic legislation and procedures with regard to domestic response and international disaster assistance;
(2) organize a regional workshop for national societies, governments and key regional partners to present the findings of the baseline study and discuss next steps in the region; and
(3) organize two introductory country-level workshops on IDRL in cooperation with the relevant National Societies, and
(4) assist in organizing the translation and organization of relevant IDRL dissemination documents and the compilation of focal points.

Desired outcomes

It is expected that, as a result of the consultant’s work, National Societies and governments in the MENA region will develop a better understanding of IDRL and its relevant to them.

Therefore, the consultant is expected to deliver three outcomes:

(1) Technical Assistance

Collaborating with National Red Cross and Red Crescent Societies and other partners to assist governments in strengthening their domestic legal preparedness for disasters.

(2) Capacity Building

Building the capacity of National Red Cross and Red Crescent Societies to advise their governments on the development of disaster management law.

(3) Advocacy, dissemination and research

Building partnerships at the international and regional level on legal preparedness, disseminating the IDRL Guidelines and fostering new and innovative research.

Consultancy outputs

To achieve the desired outcome, the consultant is expected to deliver four outputs:

(1) Baseline study
The consultant will conduct a baseline study on 5 countries in the MENA region (to be determined by the IFRC in consultation with the relevant National Societies). The study will identify the key features of existing legislation related to domestic disaster management and with regard to the facilitation and management of international assistance. The study will identify gaps that appear from laws gathered but will not seek to make specific recommendations.

The consultant will gather information for the study using internet and library resources. S/he will also enter into contact with the relevant focal point of the relevant National Societies (as identified by the MENA Zone) for assistance in locating relevant materials.

The study will be prepared in Arabic and will be 45-50 pages in length, exclusive of annexes (which will be comprised of (1) a list of all legal instruments cited, and (2) a list of all persons consultant). It will follow the outline to be provided by the IFRC. Upon completion of a first full draft, the consultant will arrange for the text to be translated to English for review by the IFRC MENA DM Unit and Global Disaster Programme Coordinator. The consultant will then implement any changes and circulate the draft to the relevant National Societies and national disaster management authorities for comment. The consultant will then finalize the study for use at the regional workshop, arrange for translation of the final version, and arrange for layout of the final study.

(2) Regional workshop
The consultant will organize and lead the facilitation a regional workshop for National Societies, governmental officials and humanitarian partners on the topic of legal preparedness in cooperation with a host National Society (to be determined). The consultant will draft invitations, agenda, participant lists and background documents in consultation with the IFRC. The consultant will cooperation with the host National Society to arrange the logistical details of the event. S/he will present the results of the baseline study at the event and prepare a report of the discussions conducted.

(3) Two country workshops
The consultant will assist two interested National Societies in the MENA Zone (to be determined by the IFRC in consultation with National Societies in the region) to organize country-level workshops on disaster law. The consultant will assist in the presentation of information on IDRL and the result of the baseline study. The consultant will be responsible for assisting in the development of the agenda and in leading relevant discussions.

(4) Organization of dissemination documents and focal points
The consultant will assist the IFRC in arranging for the translation and layout of relevant disaster law dissemination documents and tools, including providing updated copy of the IFRC disaster law web site in Arabic.

The consultant will also facilitate the development of a list of focal points on disaster law issues among National Societies in the MENA Zone.

Method of delivery and reasons for selecting that method

The consultant shall conduct two country and one regional workshop and prepare a baseline study. The combination of the outputs aims at achieving the most sustainable result and to increasing the regional capacity in Disaster Law.

Support to be provided to the consultant

The IFRC MENA Zone will facilitate communication between the consultant and relevant focal points among the National Societies. The IFRC Disaster Law Coordinator (Geneva) will also provide technical advice and materials related to the consultant’s study.

Schedule for payment of fees

Period Activity Study output Workshops Payments

May
• Recruitment of consultant
• Consultant contracted

June
• Research and drafting of baseline study
• Planning begins for regional workshop
• Relevant documents translated
• Updated web page text completed
• Concept note for regional workshop prepared
• Host NS identified by June 15

July
• Research continues
• NS focal points identified
• Invitations sent by July 15

August
• Drafting of study
• First draft of baseline study completed by Aug. 16
• Background documents for workshop submitted for review, Aug. 20 First Payment

September
• Comments from MENA Zone, DLP Coordinator, NSs and DM officials from study countries
• Study translated to English by Sept. 6
• Comments due by Sept. 15
• Report revised by Sept. 30 • Background documents for workshop submitted for review, Sept. 6
• Background documents translated and sent to participants, Sept 20

October
• Organizing the Regional workshop
• Discussions with NS about interest in national workshop
• Report circulated by Oct. 3
• Regional workshop held
• National workshop countries identified second Payment

November
• Assist NSs in organization of national workshops
• Changes/suggestions from workshop implemented in report, Nov. 14
• 1st country workshop conducted

December
• Assist NSs in organization of national workshops
• Final consultancy report
• Arrangements for final report translated, laid out and printed complete, Dec. 12
• 2nd country workshop conducted Last payment

Time Allocation, for budget purposes

The consultancy will be conducted between May – December 2013, compromising 120 working days.

Management of consultancy

IFRC Middle East and North Africa Zone, Disaster Management Coordinator (Beirut)

Notes

• The consultant will be contracted by the IFRC and the standard contractual terms will apply.
• Agreed travel expenses will be reimbursed at cost in accordance with in the IFRC’s relevant regulations.