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Flash Flood Risk Management – A Training of Trainers ... - ReliefWeb

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<strong>Flash</strong> <strong>Flood</strong> <strong>Risk</strong> <strong>Management</strong> – A <strong>Training</strong> <strong>of</strong> <strong>Trainers</strong> Manual<br />

Session 17 Resource Materials<br />

RM 17.1: Role <strong>of</strong> law in flood management<br />

‘Disaster risk management is the process <strong>of</strong> implementing those policies, institutions and<br />

investments to strengthen the coping capacities <strong>of</strong> society to reduce the impacts <strong>of</strong> natural hazards<br />

and related environmental and technological disasters.’ (UNISDR 2009)<br />

Integrated flood management should be based on a legal framework and supported by solid institutional<br />

arrangements. A legal mechanism is very important because many governmental and non-governmental<br />

organisations at the national, subnational, and local levels are involved in flood management. In this context,<br />

laws work to provide the framework for implementing governmental policies for flood management.<br />

The law has three distinct roles as outlined in Figure 26.<br />

• Law defines institutional roles and responsibilities<br />

• It protects the rights and determines the obligations <strong>of</strong> institutions and individuals.<br />

• If conflicts cannot be avoided, the law provides a mechanism for dispute resolution through the judicial<br />

system.<br />

These legal provisions are essential to ensure that government agencies have specific responsibilities<br />

for addressing aspects <strong>of</strong> flood management and can be held accountable. Laws define the rights and<br />

obligations <strong>of</strong> different institutions and individuals at all stages <strong>of</strong> flood management. Laws are also essential<br />

in giving flood managers the legal powers they need to intervene during a flood event, such as right <strong>of</strong><br />

access to private property.<br />

A legal framework at the national level should address issues related to:<br />

• coordination and cooperation among organisations, institutions, sectors, and beneficiaries;<br />

• availability and accessibility <strong>of</strong> the basic data and information needed for decision making;<br />

• building and enabling a conducive environment for all stakeholders to participate and make collective<br />

decisions.<br />

Figure 26: The role <strong>of</strong> law in IFM<br />

session 17<br />

Stakeholders<br />

Scientists<br />

Policy<br />

Implementation<br />

Water<br />

resource<br />

managers<br />

Law<br />

Defines institutional<br />

roles and responsibilities<br />

Provides mechanisms for<br />

dispute management<br />

Determines and protects<br />

rights and obligations<br />

Source: WMO (2006)<br />

122

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