ASSOCIATION OF CARIBBEAN STATES

ASOCIACION DE ESTADOS DEL CARIBE

ASSOCIATION DES ETATS DE LA CARAIBE

 

 

 

 

 

 

 

 

 

 

DRAFT AGREEMENT FOR REGIONAL COOPERATION ON

NATURAL DISASTERS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VERSION ACCEPTED BY THE COMMITTEES

DRAFT AGREEMENT FOR REGIONAL COOPERATION ON NATURAL DISASTERS.

VERSION ACCEPTED BY THE SPECIAL COMMITTEES ON THE PROTECTION AND CONSERVATION OF THE ENVIRONMENT AND THE CARIBBEAN SEA TO BE SUBMITTED TO THE COUNCIL OF MINISTERS.

 

 

 

The Contracting Parties,

Being Parties to the Convention Establishing the Association of the Caribbean States, (hereinafter called the Convention), signed in Cartagena de Indias, Colombia, on July 24th, 1994,

Taking into account that clause 1, paragraph d, of Article III of the Convention, specifies that the Association is an organization for consultation, concertation and co-operation, whose purpose is to identify and promote the implementation of policies and programmes aimed, among other things, at establishing co-operation agreements which respond to the diverse cultural identities, developmental needs and regulatory systems of the region,

Considering that the Ministerial Council of the Association, during its I Ordinary Meeting, held in Guatemala City, 1st December 1995, approved by Agreement No. 1/95, the Work Programme for the first phase of the Association, and decided that the initial activity should be to focus, inter alia, on accomplishing the priority actions in relation to natural disasters which affect the Members and Associate Members of the Association,

Recalling, that the Ministerial Council of the Association, through Agreement No. 1/95, indicated that with its objective of increasing the ability of the Members and Associate Members of the Association to cope with disasters and so mitigate their negative effects, actions will be carried out with the aim of developing a system of co-operation in this area,

Willing to increase and strengthen regional co-operation and emphasizing the importance of it in the effective management of natural disasters, whenever oriented towards reducing the vulnerability of the population, the infrastructure and economic and social activities of the parties,

Aware of the vulnerability of the Member States and Associated States, to a diversity of natural disasters,

Recognizing the adverse consequences of natural disasters on the health and well-being of the population, the bio-diversity, the economies and the infrastructure,

 

Aware that for the development of the region, it is necessary to establish a legal framework which promotes a system of co-operation for the prevention and attention of natural disasters ,

 

 

 

 

Have agreed to the following :

ARTICLE 1

Definitions

For the purpose of this Agreement the definitions outlined in Article I of the Convention shall apply.

Furthermore, the Agreement shall consider the following definitions :

  1. Natural disaster: natural phenomenon (hurricane, tornado, storm, tidal wave, floods, tsunami, earthquakes, volcanic eruptions, land slides, forest fires, epidemics, epizootics, agricultural plagues and drought, inter alia), which have consequences of such severity and magnitude, that regional assistance is required, on request of one or more of the affected parties, in order to increase efforts and resources available to them, and to reduce damage and losses.
  2. Disaster Planning: this is part of the process of preparing to manage future disasters. This planning includes activities aimed at prevention, mitigation, preparedness and response.
  3. Prevention of disasters: this term defines all the activities and technical measures that must be carried out during the planning process for socio-economic development, with a view to avoiding the loss of human lives and damage done to the economies, as a consequence of natural disasters.
  4. Mitigation: Any action aimed at reducing the impact of the natural disasters on the population and economy of countries.
  5. Preparation: Organized activities which ensure that the systems, procedures and resources required for the effective management of a natural disaster, are available in order to provide timely assistance to those affected.
  6. Disaster Reduction and Management: all preventive measures, and mitigation procedures, preparation and response that guarantee adequate protection for the population, and economy, in the event of a natural disaster.
  1. Risk: Relationship between the frequency and the consequences of the occurrence of a particular event.
  2. Vulnerability : Likelihood of losses or damage to the elements exposed to the impact of a natural phenomenon.
  3. Secondary Threat: Triggered by a primary hazard usually of greater severity than the secondary threat. This is the result of some primary danger, generally of greater magnitude than the previous one.
  4. Disaster Response: this involves the activities carried out immediately following the disaster, and includes, ínter alía, the provision of health services, food, shelter, water, sanitation facilities and other basic necessities for survival.
  5. Highly Vulnerable Areas: zones, parts of the territory or territories where there are elements which are highly susceptible to suffering severe, large scale damages, caused by one or more natural phenomena and that require special attention in the sphere of cooperation among the parties.

12. Contracting Parties: The Member-States and Associated States eligible to participate in the Association, in accordance with what is specified in Article IV of the Convention.

 

 

ARTICLE 2

Objective

The objective of this Agreement is to develop a network of legal mechanisms that promote co-operation for the effective management of natural disasters, through the collaboration of the contracting parties among themselves and with organizations which work in the field of natural disasters in the Caribbean region.

ARTICLE 3

Highly Vulnerable Areas

The Contracting Parties may, when necessary, declare within their territory, their territories or specific zones, Highly Vulnerable Areas, with a view to developing plans for co-operation in the prevention and mitigation of natural disasters.

In order to establish a Highly Vulnerable Area, the Contracting Parties must take the following procedure into account :

1. The Party that exercises sovereignty, or sovereign rights or jurisdiction over a Highly Vulnerable Area shall submit its nomination for inclusion in the registry of Highly Vulnerable Areas of the ACS, which will be created and updated by the General Secretariat, on the basis of the nomination approved by the [Special Group on Natural Disasters].

2. The nominations shall be presented in accordance with the guidelines and criteria concerning the identification and selection of the Highly Vulnerable Areas, which are determined by the Contracting Parties, on the advice of the [Special Group on Natural Disasters].

3. Each Party which submits a nomination shall make available to the Contracting Parties, through the ACS Secretariat, the following information on their Highly Vulnerable Areas:

a) the name of the area;

b) bio-geography of the area (limits, physical characteristics, climate, social composition, etc.);

c) vulnerability of the area;

d) Disasters Management programmes and plans;

e) research programmes;

f) characteristics of the situation for prevention and/or mitigation of disasters

In order to fully to develop co-operation between the Contracting Parties in addressing Highly Vulnerable Areas and to ensure effective fulfilment of the obligations outlined in this Agreement, it is recommended that each Party adopt and implement measures for planning, management, surveillance and control which shall include at least the following:

  1. formulation and adoption of disaster management guidelines suited to the Highly Vulnerable Areas;

  2. adoption and monitoring of a disaster management plan which outlines the legal and institutional framework and the protective measures suitable for the Highly Vulnerable Area or Areas;

  3. development of programmes designed to sensitize and educate the population and the decision-makers, for them to reinforce the preventive and/or mitigation measures;

  4. active involvement of the local communities, whenever their direct participation is required, in the planning, assistance and training of the local population;

  5. adoption of mechanisms for financing the development and effective management of the Highly Vulnerable Areas and the promotion of programmes of mutual assistance;
  6. establishment of procedures for regulating or authorizing activities compatible with the common guidelines and criteria established by the Contracting Parties;
  7. development of adequate infrastructure and the training of technical staff in different disciplines.

ARTICLE 4

Mutual Co-operation and Assistance

The Contracting Parties shall promote:

  1. the formulation and implementation of policies and programmes for the attention to and prevention of natural disasters, in a gradual, progressive manner;

  2. joint actions, with a view to identifying, planning and implementing programmes for the management of natural disasters, with the assistance of organizations specializing in natural disasters which operate within the region;

  3. co-operation in the formulation, funding and implementation of aid programmes for those Parties which request them, especially in regard to assistance from regional and international organizations. These programmes shall include the education of the population in the ways of preventing and coping with natural disasters, training of scientific, technical and administrative staff, as well as the acquisition, use, design and development of suitable equipment;
  4. a periodic exchange of information, by diverse means, concerning the best experiences in the reduction of disasters;

  5. the adoption of existing standards for the classification and management of humanitarian supplies and donations with the purpose of an improved transparency and efficiency in the humanitarian assistance.

    6. The mobilization of the necessary resources for responding to natural disasters among the

    contracting parties shall always be done at the request of the affected party and shall be done in accordance with the principles and rules of international law, particularly with respect to sovereignty and self-determination of the affected Party;

     

     

    ARTICLE 5

    Scientific and Technical Activities

    The Contracting Parties shall promote scientific and technical activities geared towards :

     

  6. the creation of an inventory of experts to facilitate evaluation missions conducted in collaboration with the sub-regional, regional and international agencies or teams that have already been established;

  7. the creation of an inventory of research centres in the field of prevention and mitigation and other related aspects of natural disaster management;

  8. the identification of opportunities to strengthen intra and inter-regional co-operation, including academic institutions and research centres;

  9. the exchange of material and technical reports concerning the management of natural disasters;

  10. the preparation, circulation and continual updating of a register of persons qualified in different disciplines in order to assist the region in the event of disasters;
  11. unification of the methodologies, lexicon and other aspects of the terminology of natural disasters, for use by the contracting parties

 

 

 

ARTICLE 6

Reports to the ACS Ministerial Council

The Contracting Parties shall present to the ACS Ministerial Council, at every ordinary meeting and via the relevant channels, a report of all the activities conducted for the management of disasters within the region, including basic statistics, the projected impact on regional development and the results obtained following the implementation of the present Agreement.

 

ARTICLE 7

Establishment of Common Guidelines and Criteria

The Parties shall evaluate and propose to the Ministerial Council, the adoption of common guidelines and criteria, particularly on the following aspects:

  1. identification and selection of Highly Vulnerable Areas with the aim of being applied to the procedure for the establishment of these same Areas;
  2. provision of information on the highly vulnerable areas, activities and priorities;
  3. national and regional initiatives aimed at reducing the vulnerability of the population;
  4. strengthening of national sub-regional and regional infrastructure;
  5. identification of common interests in order to ensure and adopt a position of consensus in various regional and international fora;
  6. urging the Contracting Parties to include issues related to the prevention and mitigation of natural disasters in its co-operation projects and to give priority to such issues on their agenda of international negotiation;
  7. the establishment of a system of cooperation in education for the management of natural disasters supported by the development of a common curriculum, the benefit of shared academic resources, and encouraging greater use of the internet;
  8. promotion of programmes of activities for the incorporation of disaster management

    9. in the policies for urban and rural development;

  9. recommendation to the Contracting Parties to initiate dialogue with insurance companies in order to promote the adoption of preventive and mitigation measures by means of incentives;
  10. promotion of the continuous training of personnel in the field of disaster management, in the areas of health, emergency operations and telecommunications and for the development and improvement of early warning systems at the regional, sub-regional and national levels;
  11. promotion of the development of centres for documentation on disasters at the regional and sub-regional levels, taking into consideration current capabilities and using a common methodology of indexation and standardization ;
  12. attribute priority at the regional and sub-regional levels to:

 

    i. carrying out activities of co-operation and mutual aid which are dealt with in Article 4 of the present Agreement;

    ii. complete scientific and technical activities particularly those specified in Article 5 of the present Agreement;

    iii. design training programmes in the management of disasters

    iv. develop regional projects to be presented to the ACS Special Fund and to the international finance agencies.

     

ARTICLE 8

Prevention and Mitigation

  1. The Contracting parties shall adopt both individually and jointly, all the measures required to support intra-regional and inter-regional co-operation in the management of natural disasters.

2. Each Contracting Party shall periodically exchange with the others, updated information on the implementation of the present Agreement.

3. In terms of the transportation of material and equipment for the prevention of and response to natural disasters, the Contracting Parties shall take the necessary measures to obtain the co-operation of the private sector, and providers of air and maritime transportation.

 

ARTICLE 9

Relation with other Regional and International Organizations/Agreements

The Contracting Parties:

1. recognize the Regional Disaster Information Center (DRIC) as a focal point for the diffusion and dissemination of information on the issue of natural disasters;

  1. may invite to their meetings the authorities of regional, sub-regional and international organizations and institutions in order to encourage the exchange of experiences, data and human resources in the management of natural disasters in the Wider Caribbean;
  2. shall ensure the effective co-ordination of the technical assistance supplied, prior to a disaster, by a Contracting Party, third States or international organizations;
  3. shall collaborate with existing sub-regional co-ordination mechanisms, such as CDERA and CEPREDENAC, during the emergency situation following disasters.

ARTICLE 10

Institutional Provisions

1. Each Contracting Party shall designate a Focal Point which will link it to the ACS with regard to the implementation of this Agreement.

2. The Contracting parties shall appoint the [Special Group on Natural Disasters] which shall, in collaboration with the ACS Secretariat, exercise the following functions, in accordance with their respective attributions:

 

a) convene and lend assistance at the meetings of the Parties;

b) prepare common formats for use by the Parties and which will serve as a basis for notices and reports to the Ministerial Council, according to the provisions of Article 6 of the present Agreement;

c) distribute among the Parties material containing scientific, technical and educational information, with the assistance of the DRIC and in collaboration with the organizations specialized in natural disasters operating in this region;

d) formulate recommendations containing common guidelines and criteria in accordance with the provisions of Article 7 of the present Agreement;

e) elaborate and maintain updated directories and reports on technical research, in collaboration with the organizations specialized in natural disasters operating in the region;

f) co-ordinate activities with regional organizations which have as one of their objectives the prevention and mitigation of natural disasters;

g) establish mechanisms for the reproduction of reports on the agencies and experiences of countries in the official languages of the ACS.

 

 

ARTICLE 11

Meetings of the Contracting Parties

The Ordinary Meetings of the Contracting Parties shall be held six (6) months prior to each Ordinary Meeting of the Ministerial Council and should coincide preferably with the meetings of the [Special Group on Natural Disasters]. The Parties may hold extraordinary meetings, at the request of any of the Parties. These meetings shall follow the procedural norms of the Ministerial Council specified in Article XI of the Convention and Agreement No. 9/95 and any other regulations approved by the Ministerial Council.

 

ARTICLE 12

Participants at the Meetings of the Contracting Parties

To attend the meetings, each Contracting Party shall appoint a representative authorized to take decisions on the management of natural disasters, who may be accompanied by other experts and designated consultants. To this end, each Party must notify the ACS Secretariat of the composition of its Delegation.

 

ARTICLE 13

Obligations

The Contracting Parties of the present Agreement agree to :

    1. implement the present Agreement, in accordance with the actions, policies and programmes approved by the Ministerial Council, with regard to natural disasters, according to the provisions of paragraph a) of Article IX of the Convention;

    2. evaluate the measures for co-operation to be undertaken within the framework of the present Agreement, its appendices and/or amendments, including their financial and institutional implications;

    3. In the event that the activities to be undertaken conflict with the mechanisms established by the Convention or by the Ministerial Council, relevant recommendations shall be presented for consideration by the Ministerial Council, except when specific mandates have been approved by the Ministerial Council, in relation to the issue dealt with by the Contracting Parties;

    4. asses the effectiveness of measures adopted for management and protection for natural disasters, including Highly Vulnerable Areas, and examine the need for additional measures, the aim of which would be to improve the level of co-operation in accordance with the present Agreement, in the form of Appendices to this Agreement;

    5. establish and revise, as required, the common guidelines and criteria, in accordance with the provisions of Article 7 of this Agreement;

    6. Approve by consensus the annual report that must be submitted to the Ministerial Council, in accordance with the provisions of Article 6 of the present Agreement;

    7. Any other function related to the implementation of the present Agreement and those decided by the Ministerial Council;

 

 

ARTICLE 14

Effective Implementation of the Agreement

The Contracting Parties shall co-operate on the development and adoption of the measures required to facilitate the effective implementation of the present Agreement, in accordance with the rules of international law.

ARTICLE 15

Signature

This Agreement shall be available for signature as from the day in the month of in 1999, by any State, Country and Territory referred to in Article IV of the Convention, which has ratified or adhered to same.

 

 

 

ARTICLE 16

Ratification and Adherence

The ratification and adherence shall be conducted according to the procedure stipulated in Articles XXIII and XXVII of the Convention, respectively.

 

 

 

ARTICLE 17

Depositary

The instruments of ratification or adherence must be deposited at the Government Depositary for the Convention, the Government of the Republic of Colombia, and must comply with the procedure for notification stipulated in Article XXV of the Convention.

ARTICLE 18

Entry into Force

Once adopted by the Contracting Parties, the present Agreement shall come into effect in accordance with the procedure specified in Article XXVI of the Convention.

ARTICLE 19

Amendments

The present Agreement may be amended by consensus of the Meeting of the Heads of State and Government or the Meeting of the Ministerial Council of the ACS.

ARTICLE 20

Interpretation and Resolution of Disputes

Doubts or disputes that may arise between the Contracting Parties concerning the application or interpretation of this Agreement, and which cannot be resolved by the Parties involved, shall be resolved by the Council of Ministers. In any case, the Convention shall prevail over this Agreement.

ARTICLE 21

Duration and Withdrawal

1. This Agreement shall remain in effect for an indefinite time, or for as long as the Convention remains valid.

2. Every Contracting Party may withdraw from this Agreement in accordance with the procedure established in Article XXX of the Convention.

 

ARTICLE 22

Reservations

This Agreement admits no reservations.

 

Prepared on the day in the month of in 1998, in a single document in the official languages of the ACS, English, Spanish and French, all three texts being equally valid and authentic.

IN WITNESS WHEREOF , the duly authorized representatives sign the present Agreement.