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Download the file - United Nations Rule of Law

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Policy responses to disaster risk203formation <strong>of</strong> a Disaster Management Council, guidelines forbuilding construction in disaster-prone areas and a DisasterManagement and Mitigation Plan for Ratnapura. 31Legal approachesThe Universal Declaration <strong>of</strong> Human Rights already supports<strong>the</strong> right to personal security and a basic standard <strong>of</strong> livingduring periods <strong>of</strong> unforeseen livelihood disruption. 32 Thehuman rights agenda <strong>of</strong>fers a potentially powerful tool forlocal actors to argue for increased pre-disaster investmentand post-disaster compensation. It <strong>of</strong>fers a moral imperativethat could mobilize local political will. 33 Rights-basedapproaches that seek to justify investment in prevention areincreasingly being supported by economic analysis, whichshows <strong>the</strong> financial savings to be made by investing in riskreduction before a disaster, compared to <strong>the</strong> costs <strong>of</strong> managingdisasters through relief and reconstruction. The UKDepartment for International Development (DFID) estimatesthat for every US$1 invested in disaster risk reduction,between US$2 and $4 are returned in terms <strong>of</strong> avoided orreduced disaster impacts. 34The failure <strong>of</strong> <strong>the</strong> international community to set alegally binding international treaty on disaster risk reductionin <strong>the</strong> Hyogo Framework for Action 2005–2015, 35 and <strong>the</strong>absence <strong>of</strong> disaster risk targets in <strong>the</strong> MillenniumDevelopment Goals (MDGs), however, limits <strong>the</strong> internationalpressure that can be used to support local actors atrisk.Nationally, an increasing number <strong>of</strong> governments areputting in place disaster risk reduction legislation. Whilesuch legislation <strong>of</strong>ten does not provide targets for action, itdoes establish responsible agencies for risk reduction,typically in local and regional government. Where legalsystems are robust, legislation has proven a strong weapon tostreng<strong>the</strong>n communities at risk from technological andindustrial hazards, and underpins <strong>the</strong> Environmental JusticeMovement. Court action taken by <strong>the</strong> survivors <strong>of</strong> <strong>the</strong>Payatas (Manila) rubbish mountain landslide in 2000 is anexample. Some 300 people were killed in this event. Inpartnership with civil rights lawyers, survivors <strong>file</strong>d a US$20million legal claim against <strong>the</strong> city government for compensatoryand moral damages based on <strong>the</strong> assertion that cityauthorities were responsible for <strong>the</strong> Payatas dumpsite. Thatlow-income survivors <strong>of</strong> an urban disaster could take legalaction indicates <strong>the</strong> strength <strong>of</strong> community capacity inPayatas, and also a supporting infrastructure <strong>of</strong> civil rightslawyers, basic conditions not found in every city andespecially lacking in smaller urban settlements. 36Where <strong>the</strong> law allows it, and where culpability can beproven, group actions brought by survivors <strong>of</strong> toxic releasesagainst companies or <strong>the</strong> state can amount to significantsums and act as a deterrent on o<strong>the</strong>r companies. In SouthAfrica, a strong legal system provides for disaster risk reductionto be a shared responsibility between national, regionaland municipal governments and, in so doing, provides forcollective legal action against state agencies found to becomplicit in <strong>the</strong> generation <strong>of</strong> disaster risk (see Box 8.8).Box 8.7 Women lead contributions to local disaster riskreduction in Latin AmericaThe Pan American Health Organization (PAHO) has long worked with women and men tobuild local capacities for risk awareness and reduction. In a review <strong>of</strong> <strong>the</strong> contribution made bywomen to local resilience, it was concluded that, while women are severely affected by naturaldisasters, disasters <strong>of</strong>ten provide women with an opportunity to challenge and change <strong>the</strong>irstatus in society.In many (if not most) cases, women are more effective than men at mobilizing <strong>the</strong>community to respond to disasters. They form groups and networks <strong>of</strong> social actors who workto meet <strong>the</strong> most pressing needs <strong>of</strong> <strong>the</strong> community. This kind <strong>of</strong> community organizing hasproven essential in disaster preparedness and mitigation. A review <strong>of</strong> PAHO field notes illustrates<strong>the</strong> contribution <strong>of</strong> women towards disaster risk reduction:• Following Hurricane Mitch in 1998, women in Guatemala and Honduras were seen buildinghouses, digging wells and ditches, hauling water and building shelters. This shows howwilling women are to take on activities traditionally considered to be ‘men’s work’. Beyondincreasing <strong>the</strong> efficiency and equity in disaster reconstruction, this kind <strong>of</strong> experience canalso help in changing society’s conceptions <strong>of</strong> women’s capabilities.• After <strong>the</strong> 1985 earthquake in Mexico City, low-income women working in factories organized<strong>the</strong>mselves into <strong>the</strong> ‘19 <strong>of</strong> September Garment Workers’ Union’, which wasrecognized by <strong>the</strong> Mexican government and proved instrumental in lobbying for <strong>the</strong> recovery<strong>of</strong> women’s employment.• Following Hurricane Joan in 1988, women in Mulukutú (Nicaragua) organized to developplans for disaster preparedness that included all <strong>the</strong> members <strong>of</strong> a household. Ten yearslater, Mulukutú was better prepared for Hurricane Mitch and it recovered more quicklythan o<strong>the</strong>r similarly affected communities.Source: PAHO (undated)Economic approachesMicr<strong>of</strong>inance has a great potential to build communityresilience to disasters. The extension <strong>of</strong> small loans throughmicro-credit enhances <strong>the</strong> incomes and assets <strong>of</strong> urbanhouseholds and communities, <strong>the</strong>reby reducing <strong>the</strong>irpoverty. In turn, this helps to reduce vulnerability to disastersand develops greater coping capacity. Post-disaster loansand micro-insurance can help poor urban householdsrecover more quickly. Yet, it is only recently that microcreditand micro-insurance have been applied for buildingcommunity resilience to disaster risk.To date, micr<strong>of</strong>inance institutions have been involvedmostly with post-disaster recovery activities. There is a need,however, for micr<strong>of</strong>inance to be perceived as a potential toolto better prepare communities before natural hazards strike.In particular, <strong>the</strong> scope for micro-insurance to act as anaffordable mechanism for extending risk-sharing into lowincomecommunities has recently received much attention.Challenges remain for <strong>the</strong> role <strong>of</strong> micr<strong>of</strong>inance instreng<strong>the</strong>ning local resilience against disasters. Thecomplexity <strong>of</strong> livelihoods and social life in urban areas hasdelayed <strong>the</strong> development <strong>of</strong> micr<strong>of</strong>inance schemes,compared to some rural contexts. Disasters can also destroy<strong>the</strong> very assets in which individuals have invested microcreditloans, leading to debt as well as loss <strong>of</strong> assets.Following a disaster, if micro-credit is available, <strong>the</strong>re is adanger that survivors will overextend <strong>the</strong>ir ability to repayloans in efforts to re-establish livelihoods. Pre-disaster… an increasingnumber <strong>of</strong>governments areputting in placedisaster risk reductionlegislation

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