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 Page 1 of 39 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 Page 2 of 39 (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: Page 3 of 39 • 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 Page 4 of 39 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