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Executive summary

Laws and regulations serve as a foundation for building community resilience. They are essential to reducing existing risks posed by natural hazards, preventing new risks from arising and making people safer. In 2005, the Hyogo Framework for Action, Building the Resilience of Nations and Communities to Disasters 2005 – 2015 highlighted the important role legislation plays in supporting disaster risk reduction (DRR), and this emphasis was reiterated this March in the Sendai Framework for Disaster Risk Reduction 2015-2030 (the Sendai Framework), which calls for a renewed focus on reviewing and strengthening legal frameworks. In light of this international guidance, many countries have sought to strengthen their laws and regulations for DRR. In doing so, they have asked: What should good legislation say about disaster risk reduction?

Prompted by this question, the International Federation of Red Cross and Red Crescent Societies and the United Nations Development Programme conducted over two years of in-depth research and in 2014 launched the study, Effective law and regulation for disaster risk reduction: a multi-country report . Using the findings of this research and insights gained from comprehensive stakeholder consultations, the International Federation of Red Cross and Red Crescent Societies and the United Nations Development Programme developed a new practical guidance tool for this area of law, the Checklist on Law and Disaster Risk Reduction (the Checklist).

The Checklist provides a prioritized list of 10 questions that lawmakers, officials, practitioners and those supporting them need to consider in order to ensure that their laws provide the best support for DRR. It covers not only dedicated disaster risk management (DRM) laws, but also other sectoral laws and regulations – covering issues such as the environment, land and natural resource management – that are critical for building safety and resilience. The Checklist also aims to foster a more integrated approach to DRR by incorporating climate change and sustainable development considerations into its review of legislation. The Checklist mainly focuses on disasters caused by natural hazards, and does not include specific considerations related to industrial accidents, public health emergencies and situations of generalized violence.

The Handbook on Law and Disaster Risk Reduction (the Handbook) has been developed to provide guidance on how to use the Checklist and conduct related legislative reviews and reform processes. While the methodology for using the Checklist needs to be tailored to each country’s context and respective needs, the Handbook is intended to provide general guidance on key steps to consider. Part 6 explains how the Checklist could be used during an in-depth legislative reform process, and uses lessons learned from a range of countries to inform its recommendations. The Checklist may, however, be used in a variety of platforms, workshops and initiatives, and can also be used to determine whether a fully-fledged legislative review process is needed in the first place. DRM committees, project teams and programmes targeting DRR and resilience may also choose to use the Checklist as part of their activities.

Part 7 provides guidance on how to use the Checklist when researching and analyzing relevant domestic laws and regulations. It provides additional detailed explanations and issues to consider, a suggested process for answering the questions, examples of good practice, and references to standards set by the Sendai Framework. A list of further reading material for each question is provided in Annex 1.

The Handbook and Checklist aim to support countries to identify the DRR-related strengths and gaps in their current legal frameworks, identify where greater focus may be needed on implementation and enforcement, and identify whether drafting or amending legislation is necessary. Additionally, it is expected that the process of convening a range of stakeholders in a common dialogue to respond to the Checklist questions will contribute to the improved implementation of a sound legal framework for DRR.