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 year 2, 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 beneficiary 3. 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 reach 4, 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 world 5. 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 Financial Complex, The Carenage St. George’s Grenada Tel: (473) 440-2731-6 Fax: (473) 440-4115 Email: [email protected]
Contacts: Timothy N.J. Antoine –Permanent Secretary Email: [email protected] Tel: (473) 440-2928
Kerry Pierre- Budgetary Officer Tel: (473) 440 2214 Email: [email protected] [email protected]
2. Ministry of Environment, Foreign Trade and Export Development Financial Complex, Carenage St. George’s Grenada Tel: (473) 440-2101 Fax: (473) 440-0775 Email: [email protected]
Contact:
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Sally-Ann Bagahwan-Logie – Permanent Secretary (Ag.) Tel: (473) 440 2101 Email: [email protected] [email protected]
3. Prime Minister’s Ministry - National Security, Public Administration, Information, Information Communication Technology & Culture Office of the Prime Minister Ministerial Complex Sixth Floor Botanical Gardens St. George’s Grenada Tel: (473) 440-2255 (473) 440-2265 Fax: (473) 440-4116 Email: [email protected] [email protected] [email protected]
Contact: Mrs. Ann Isaac - Permanent Secretary in the Office of the Prime Minister, Deputy Chair, National Emergency Advisory Council Email: [email protected]
Richard Simon – Press Secretary Email: [email protected] Tel: (473) 440 2255 440 2265 ext 6010 407 0013
Merina Jessamy – Cabinet Office, Policy Development Officer Email: [email protected] Tel: (473) 440-2661 ext 6045
4. Ministry of Legal Affairs Contact : Petrona Sealey- Browne – Chief Parliamentary Coucil, Tel : (473) 435 2962 Email : [email protected]
5. National Disaster Management Agency Fort Frederick
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Richmond Hill St. George’s Grenada Tel: (473) 440-0838 (473) 4408390-3 Fax: (473) 440-6674 Email: [email protected]
Contact:
Benedict Peters – National Disaster Coordinator Tel: (473) 440 8390 405 5046 Email: [email protected]
Kem Jones – Community Programme Officer, Grenada North Tel: (473) 534 9028 440 8390 Email: [email protected]
Jason Lyons – Community Programme Officer, Grenada South Tel: (473) 4045291 4144508 440 8390 Email: [email protected]
Silvan Chan – District Coordinator, Town of St. George Tel: (473) 440 0145 405 5003 5364655 Email: [email protected]
Ralph Lord – District Coordinator, St. George South East Email: [email protected]
William Cloyd George – District Coordinator, South St. George Tel: (473) 444 2216 415 2030 Email: [email protected]
A. Robin James – Deputy District Coordinator, St. George North West Tel: (473) 440 4556 404 4720 Email: [email protected]
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Kelvin Dottin – District Coordinator, St. George North East Email: [email protected]
Jean Frederick – District Coordinator, St. John Email: [email protected]
Curtis Baptiste – District Coordinator, St. Mark Tel: (473) 420 5088 Email: [email protected]
Roystan Olive – District Coordinator, St. Andrew North East Email: [email protected]
Pauline Andrew – District Coordinator, St. Andrew South East Tel: (473) 442 7365 Email: [email protected]
Raphael Sylvester – District Coordinator, St. David South Tel: (473) 443 1695 459 1585 Email: [email protected]
Delon Edwards – District Coordinator, St. David North Email: [email protected]
Valdon Paul – NADMA coordinator St Patrick’s West Tel : (473) 416 9722 Email : [email protected]
Mykine Munroe – NADMA Disaster Coordinator St Andrews South West Tel : (473) 420 0798 533 4338 Email : [email protected]
Rose Fraser – Secretary, St. Andrew South East Tel: (413) 456 0157 Email: [email protected]
6. Ministry of Health Contact : Osbert Charles – Health Service Administration/Health Disaster Coordinator, Tel : (473) 406 7738
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405 3212 438 3573 Email : [email protected]
7. Ministry of Works, Physical Development and Public Utilities Ministerial Complex Fourth Floor Botanical Gardens St. George’s,Grenada Tel: (473) 440-2181 (473) 440- 2722 Fax: (473) 440-4122
Contact: Mrs. Merlyn St. Bernard - Permanent Secretary (Ag.) Email: [email protected]
8. Ministry of Education and Human Resource Development Botanical Gardens, Tanteen St. George’s Grenada Tel: (473) 440-2737 Fax: (473) 440-6650
Contact: Gloria Thomas – Shelter Management Email: [email protected] Tel: (473) 405-4270 440 2737
9. Royal Grenada Police Police Headquarters Fort George St. George’s, Grenada Tel: (473) 440-3999 (473) 440 1043-1047 Fax: (473) 435-7699 Email: [email protected]
Contact:
Commissioner James Clarkson Email: [email protected]
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John Mitchell - Assistant Superintendent –Fire Station Search and Rescue Email: [email protected] Tel: (463) 440-3296 Fax: (463) 440-3296
Dowlyn Bartholomeus – Assistant Commissioner of Police Tel: (473) 439 1230 405 3748 Email: [email protected]
10. Grenada Coast Guard True Blue St. George’s Grenada Tel: (473) 444-1931 Fax: (473) 444-2839
Contact: Inspector St. John Thomas – Search and Rescue, Land and Sea Tel: (473) 444 1931/2 456 4643 414 8362 Email: [email protected]
11. Government Information Service St. George’s Grenada Tel: (473) 440-2061 / 440-5347
Contact: Ray Roberts – Public Information Email: [email protected] [email protected] Tel: (473) 414-7203 442 2061
12. National Telecommunications Regulatory Commission P.O. Box 854 St. George’s Grenada Tel: (473) 435-6872 Fax: (473) 435-2132 Page 26 of 39
Email: [email protected]
Contact: Aldwyn Ferguson Email: [email protected]
Timothy Scott – Telecoms Engineer, Tel : (473) 435 6872 Email : [email protected]
CIVIL SOCIETY/NGOs
13. Grenada Chamber of Industry and Commerce Building No. 11 Frequente / P.O. Box 129 St. George's, Grenada Tel: (473)-440-2937 / (473)-440-4485 Fax: (473)-440-6627 Email: [email protected]
Contact: Cedric Mitchell- First Vice President Email: [email protected]
14. Grenada Red Cross Upper Lucas Street/ P.O box. 551 St. Georges ,Granada Tel: (473) 440-1483 Fax: (473) 440-1829 E-mail: [email protected]
Contact: Samantha Roberts – Health and Safety Advisor Tel: (473) 405 2587 Email: [email protected] [email protected]
Ngozi de Coteau – Administrative Assistant Tel: (473) 440 1483 406 8825 414 2583 Email: [email protected]
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Cindy Lewis Tel: (473) 406 0229 415 4442 Email: [email protected]
15. Inter-Agency Group of Development Organizations GRENCODA c/o Greensave House St. John’s Street St. George’s, Grenada Tel: (473) 444-8430 Cell: (473) 534-7075 / 449-5267 Fax: (473) 440 5120
Contact: Benny Langaigne – Programme Manager Tel: (473) 444 8430 444 9183 534 7075 Email: [email protected] [email protected]
16. Agency for Rural Transformation Ltd. P.O. Box 750 Marrast Hill St. George’s,Grenada Tel: (473) 440-3440 /3915 Fax: (473) 440-9882 Email: [email protected]
Contact Sandra C. A. Ferguson – Secretary General / Chief Executive Officer Tel: (473) 440 3440 405 0797 Email: [email protected] [email protected]
17. Cipriani College of Labour and Co-operative Studies Churchill Roosevelt Highway Valsayn Trinidad and Tobago Tel: (868) 662.5014 Ext. 269
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Contact: Jason Alexander - Senior Researcher, Academic Affairs Department E-mail: [email protected] [email protected]
18. National Youth Council M. Kelville Street St. George’s Grenada Tel: (473) 440-2255 Fax: (473) 440-4116
Contact: Norman Gilbert Tel: (473) 420-2115 Email: [email protected]
19. Rotary Club Tel: 473-409-2095
Contact: Laren Kay Simon – President Email: [email protected]
20. Adventist Development Relief Agency St. George’s Grenada Tel: (473) 442-7450 Fax: (473) 442-8871
Contact: Ashton Oneil – Director Email: [email protected] Tel: (473) 403-6017
21. Grenada Hotel and Tourism Association P.O. Box 440 St. George’s Grenada Tel: (473) 444-1353 Fax: (473) 444-4847 Email: [email protected]
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Contact: Pancy Cross – Executive Director Tel: 444 1353 553 0029 Email: [email protected]
22. Grenada National Council of the Disabled Contact : Hillary Gabriel - (473) 440 0112 404 1400
Joseph Budd (473) 440 0112 41801999
PRIVATE SECTOR
23. Clico International General Insurance Ltd. Young Street St. George’s, Grenada Tel: (473) 440-0217 (473) 440- 5625 (473) 440- 2632 Fax: (473)-440-9296
Contact:
Terry-Ann Roberts Tel: 440 0217 Email: [email protected]
24. Netherlands Insurance Company Ltd. Netherlands Building P.O. Box 880 Grand Anse St George’s, Grenada Tel: (473) 444-3012 Fax: (473) 444-2853 Email: [email protected]
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Contact: Richard Strachan – Managing Director Email: [email protected]
25. Trans-Nemwil Insurance (Grenada) Ltd. The Mutual/Trans-Nemwil Office Complex The Villa St George’s ,Grenada Tel: (473) 440-3099 (473) 440-1585 Fax: (473) 440-4113 Email: [email protected]
Contact: Ronald Hughes- Managing Director Email: [email protected] Tel : (473) 440-3099 ext. 225 409 9589
26. Grenada Development Bank P.O. Box 2300 Melville Street St George’s ,Grenada Tel: (473) 440-2382 (473) 440-1620 Fax: (473) 440-6610 Email: [email protected]
Contact: Mervyn Lord – General Manager
27. Grenada Airports Authority P. O. Box 385 Maurice Bishop International Airport St. George’s, Grenada West Indies. Telex: 3480 PSIA.GA Fax: (473) 444-4838 Tel.: (473)444-4555/4155/4101 E-mail: [email protected]
Contact: Mr. John Peters Email: [email protected]
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Tel: (473) 444-4555
28. Meteorological Office Grenada Airports Authority Maurice Bishop International Airport P.O. Box 385 St. George’s, Grenada Tel: (473) 444-4101 Cell: (473) 459-4168
Contact: Martin Moore Tel: (473) 435 2232 553 1597 Email: [email protected]
29. The Beacon Insurance Company Limited Maurice Bishop Highway, Calliste, PO Box 711, St. George's, Grenada. Tel: (473) 440-4447/6889 Fax: (473) 440-4168 www.beacon.co.tt
Contact: Molly Roberts - Branch Manager & President of the Association of Grenada Insurance Companies Tel: (473) 440-4447 Ext: 3012 Cell: (473) 415-0938 Email: [email protected]
INTERNATIONAL ORGANIZATIONS
30. Organization of American States 1889 F Street NW Washington DC, 20006 United States of America Tel: 202-458-3000 Fax: 202-458-3560
Contact: Terence Craig – OAS-Grenada Representative Email: [email protected]
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Tel: (473) 440-2439 Fax: (473) 440-6689
Michelle-Ann Williams – Legal Specialist, Department of Sustainable Development Email: [email protected] Tel: 202-458-6455 Fax : 202-458-3560
Claudia Arango – Administrative Assistant, Department of Sustainable Development Email: [email protected] Tel: 202-458-3007 Fax : 202-458-3560
31. Consultants : Judy Daniel – President, Environmental Advisors Inc. (USA) Email: [email protected] Tel: (678) 545-1862 678 230 4674 Fax: (678) 545-1862
Teni Housty – Partner, Fraser, Housty and Yearwood, Attorneys-at-Law (Guyana) Email: [email protected] [email protected] Tel: (592) 226-0891 / (592) 223-5017 Fax: (592) 227-4771
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Annex 2 – Agenda
Caribbean Emergency Legislation Project (CELP) National Workshop Flamboyant Hotel and Villas Bougainvillea Conference Room St. George’s, Grenada March 22, 2010 9:00 a.m. – 4:30 p.m.
Agenda
9:00 a.m. Welcome Remarks -Terence Craig, OAS- Representative in Grenada -Timothy N.J. Antoine, Permanent Secretary, Ministry of Finance, Planning, Economy, Energy and Cooperatives
9:25 a.m. Overview of Key issues in Disaster Legislation and the Caribbean Emergency Legislation Project -Michelle-Ann Williams, Legal Specialist, Environmental Law, Policy and Good Governance, OAS-DSD
9:40 a.m. State of Emergency, Budget Appropriation, Execution and Accountability: Key Challenges in Grenada’s Legal and Institutional Framework -Judy Daniel, President, Environmental Advisors Inc., OAS-DSD Consultant
10:00 a.m. National Experiences: A look at different perspectives -Benedict Peters, National Disaster Coordinator, National Disaster Management Agency -Samantha Roberts, Health and Safety Advisor, Grenada Red Cross Society
10:30 a.m. Coffee Break
10:40 a.m. National Experiences: A look at different perspectives
-Kerry Pierre, Budgetary Officer, Ministry of Finance - Molly Roberts, Branch Manager, Beacon Insurance Company Limited, and President, Association of Grenada Insurance Companies -Jason Alexander, Senior Researcher, Cipriani College of Labour and Co-operative Studies (Trinidad and Tobago)
11:10 a.m. Discussion
12:10 p.m. Lunch
1:10 p.m. Identification of Best Practices -Teni Housty, OAS-DSD
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1:25 p.m. Working Groups 2:25 p.m. Working Groups’ Reports
3:10 p.m. Coffee Break
3:20 p.m. Closing Discussion
4:30 p.m. Close -Terence Craig, OAS- Representative in Grenada
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Annex 3 – Background Note
Caribbean Emergency Legislation Project (CELP) National Workshop Flamboyant Hotel and Villas Bouganvillea Conference Room St. George’s, Grenada March 22, 2010 9:00 a.m. – 4:30 p.m.
BACKGROUND NOTE
I. Introduction
The Department of Sustainable Development (DSD) of the General Secretariat of the Organization of American States (GS-OAS), with the support of the World Bank, is the executing agency for the Caribbean Emergency Legislation Project (CELP). The objective of the project is to build legislative capacity to enhance legal and institutional frameworks for state of emergency and budget appropriation in eleven CARICOM countries and the Dominican Republic. Further, the project aims to make recommendations on how to improve legislative channels and administrative procedures during, and immediately after, the occurrence of a natural disaster.
Pursuant to these objectives, the project has assessed current legal-institutional frameworks in the Caribbean applicable under a state of emergency, reviewed global best practices, and is promoting dialogue with national and regional stakeholders, in order to ascertain areas for improvement and make recommendations that are best suited for the Caribbean region.
II. Brief findings from the project
The country assessments have revealed that most of the project countries have operational legal and institutional mechanisms that are triggered once a state of emergency declaration is made. Some of the mechanisms do not vary greatly according to country, as for example, most national constitutions provide the framework for governmental action during emergencies. Also, most countries have enacted Emergency Powers Acts, and Disaster Management or Preparedness legislation and regulations, along with other instruments relating to finance, planning, national security, waste management, and public health given the cross-cutting nature of disaster or emergency response and management. Further, most have established National Disaster Committees, and disaster and emergency management organizations; and the police, fire, defence, health and essential services institutions are all involved in disaster management activities in all the participating countries.
However, the assessments have found that these similarities in disaster response mechanisms also unfortunately illuminate and confirm on a grand scale, the challenges to effective disaster
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response plaguing countries of the region. These challenges are focused in the following areas: (i) financial resources available for preventing and mitigating disasters. In some countries there are either no or limited funds directly allocated for disasters and disaster prevention; (ii) disaster management and response infrastructures. Some countries do not have enough personnel, and effective coordination among concerned response agencies has proven challenging; (iii) consistency and clarity in the legal framework in terms of the vesting of responsibility for declaring a state of emergency. In some jurisdictions there is a clear potential for conflict between constitutional and subsequently enacted legislative provisions. Also, some laws do not elaborate sufficiently on the roles the various relevant bodies are expected to play in disaster management nor do they clearly indicate the action to be taken by empowered authorities in the event of a disaster; (iv) the absence of national building codes; and (v) specific information at the local level on disasters.
Based on the assessments, particularly the challenges identified, a number of lessons have been learned, including: (i) constitutional and other legislative instruments must be revised to address conflicts and establish clear and transparent procedures/mechanisms that are to be triggered in the event of a natural disaster. Thus, for example, the authority to make the necessary declarations should be clearly spelt out in legislation and the declaration and accompanying instruments should be specific regarding the powers to be exercised and the person or agency exercising those powers. This is essential as the identification of clear channels of responsibility ensures accountability and encourages transparency; (ii) governments need to establish a substantial and separate national fund specifically for disaster management and emergency response, or specifically identify in advance, a source of readily available funds. Moreover, the allocation of funds must be based on a realistic risk assessment of future disaster costs. Such funding mechanisms should be properly entrenched in national law with the adoption of appropriate regulations; and (iii) disaster funds should be supported by procedures and guidelines that ensure impartiality, accountability, efficiency and discourage waste.
III. Country Brief - Grenada
By virtue of section 17 (1) of the Constitution, the Governor General has Constitutional authority to declare a state of emergency by making a Proclamation to that effect. This power was exercised as recently as 2004, with the passing of Hurricane Ivan in Grenada (Statutory Rules and Orders No.20 of 2004.). A proclamation of emergency must be approved by a resolution by both the Houses of Parliament. Further, the Emergency Powers Act contains nine provisions which in essence support Section 17 of the Constitution. Additionally, the National Disaster (Emergency Powers) Act provides specifically for the maintenance of supplies and services essential to the life of the community upon the occurrence of a national disaster. Accordingly the Prime Minster has the authority to declare that a national disaster has occurred in Grenada when he is satisfied that supplies and service essential to the life of the community are likely to be endangered. A declaration of this nature shall remain in force until revoked by the Prime Minister by notice published in the Gazette.
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Regarding the institutional framework, the National Disaster Management Agency (NADMA) is the body responsible for the overall management disasters and emergency situations in Grenada. NADMA’s mission is to reduce the loss of life and property within Grenada, Carriacou and Petite Martinique by ensuring that adequate preparedness, response and mitigation measures are in place to deal with the impact of the hazards.
NADMA’s operations reflect the mandate of the Caribbean Disaster Emergency Management Agency in adopting a holistic approach that includes preparedness and response. NADMA is composed in the following way:
1) Executive Council 2) The National Emergency Advisory Council (NEAC) 3) Management Committees 4) District Committees 5) Village or Community Committees
Further, all government agencies and ministries are responsible for designing their own continuity of operations and emergency response plans. These plans must be submitted to the National Disaster coordinator of NADMA not later than 30th April of each year for submission to the National Emergency Disaster Management Council within one week of its receipt. As a general rule, Government agencies and officers will continue to exercise their normal functions during a disaster, but in some cases, special additional responsibilities will be assigned. Several government bodies are vested with powers and responsibilities during disaster and emergency situations. They include the Office of the Prime Minister as Chair of the National Disaster Management Council with responsibility to:
• Co-ordinate all response. Relief and rehabilitation activities from the Emergency Operation Centre during emergencies and disasters. • Declare a National Disaster when necessary. • Co-ordinate all the reconstruction activities.
The police, fire services, and coast guard secure essential services and vulnerable points, provide crowd and traffic control, evacuation and fire and rescue.
Regarding budget appropriation, currently the national annual estimates of revenue and expenditure allocates resources to NADMA for disaster and emergency situations. However, monies are allocated for recurrent expenditure only. The Ministry of Finance, Planning & Development provides budgetary support for emergency expenditure to design, update, test and evaluate the continuity of operations and emergency response plans and procedures. The Ministry provides estimates for the amounts of financial and other relief and rehabilitation requirements; collects, collates and maintains damage statistics and assists with co-ordination of supplies and other assistance received by government and non-governmental organizations.
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While Grenada has an operational legal and institutional framework, it has been observed that there is no legislative authority for NADMA in Grenada. However, there is a current draft copy of legislation for the establishment of NADMA. Further, the National Disaster Preparedness Plan may require further review, particularly in terms of telecommunications and electrical systems. The conduct of inventories and training on how to operate some communications equipment may prove useful for response in the immediate days after the impact of a disaster.
IV. Conclusion
The findings from the CELP have proven useful in illuminating whether the current legal and institutional frameworks in the project countries are effective once triggered. The findings are as a result of extensive consultations with national and regional stakeholders, and given their significant engagement throughout the course of the project, the OAS-DSD will continue to seek their input regarding the final project recommendations for consideration of Member States in the Caribbean.
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