Climate action: Legal strategy for disaster resilience in Asean AMBASSADORS’ CORNER

DISASTER risk reduction ( DRR) refers to all activities of local communities, government and nongovernment organizations ( NGOs) that help reduce in advance the effects of natural disasters. It is about preparedness and emergency response aimed at disaster resilience. Resilience, on the other hand, is the ability of communities exposed to disaster risks or hazards to resist, absorb, adjust, adapt, mitigate and recover from the effects of hazards in a timely and efficient manner.

In light of scientific information that natural disasters are projected to intensify in Asia, the Association of Southeast Asian Nations ( Asean), in furtherance of climate diplomacy, ratified on Dec. 29, 2009 the Asean Agreement on Disaster Management and Emergency Response ( Aadmer). It is a regional framework for cooperation, coordination, technical assistance and resource mobilization in all aspects of disaster management. It leans heavily toward disaster preparedness and emergency response, e. g., identification of disaster risk, early warning systems, standby arrangements for disaster relief and emergency response like faster movement of relief goods, better utilization of civilian and military response, etc.

Aadmer affirms Asean’s commitment to the United Nations Hyogo Framework for Action ( HFA), which committed governments to priorities for action, including DRR as a national and local priority and education to build a culture of safety and resilience. Aadmer is the first legally binding HFA- related soft law instrument in the world. It serves as the foundation for disaster management in the region, including the establishment of an Asean Center for Humanitarian Assistance on Disaster Management in Jakarta.

In connection with that law, 20 countries convened the Global Commission on Adaptation led by former UN Secretary- General Ban Ki- moon ( with our representative Loren Legarda as one of the 34 commissioners) to call on governments and businesses to take urgent action to innovate and advance climate adaptation solutions, e. g. restoring mangrove forests; using drought tolerant crops; moving dikes inward and widening rivers; reducing flood risks in urban areas to lower financial costs and increase business security.

Be that as it may, much still remains to be done in regard to prevention, adaptation and mitigation legislation, regulations, policies, plans, programs and strategies. In pursuit of this, Asean countries could very well incorporate vital natural resources wise use and other innovative ways for disaster risk reduction and build resilience in the their legal system. The legal strategy may include, but is not limited to:

— Specific legislation on disaster risk reduction management could be enacted or existing laws could be amended, i. e., climate change law, to incorporate elements of disaster risk reduction to avoid through intervention, to limit through mitigation and to prepare for adverse impacts of hazards within the broad context of sustainable development.

— Rules and regulations to implement the law should target eco- based solutions so as to harness the power of ecosystems like wetlands to cushion the impacts of climate change. For instance, the strategy of planting mangrove saplings could be a continuing year- round activity in the long and extensive coastlines of Asean countries as a bio- shield against the onslaught of wind and waves brought about by typhoons and tsunamis pursuant to existing forestry, agriculture, fisheries or land use laws. In Thailand, planting of high quality and commercially productive variety of bamboo was introduced in riverbanks/ river basins and lakeshores as a technique not only for protection but also to preserve and rehabilitate freshwater sources and lakes and provide added source of income to people. In Vietnam, protective vegetation for embankments and dikes is also in use. The concept of waterfront parks in lieu of a seawall is worth consideration too.

The implementing rules could extend to the use of new artificial intelligence technology like drones ( unmanned aerial vehicle) for mapping and reconnaissance of areas at risk of disasters due to climate change.

— Reforms in building codes could be pursued as an infrastructure solution by introducing a shift in disaster risk reduction approach through “build back better” infrastructures, increasing buffer capacity of the landscape to absorb shocks and long- term changes. This includes, but is not limited to, building better hurricane- resilient houses with stable and stronger base; retrofitting structures, e. g., existing government buildings for extra use as evacuation centers in times of calamities. It presupposes sharing technology to come up with hurricane- resilient houses and, in general, improve critical infrastructures in coastal communities. This would necessitate amendment and strict implementation of national building codes.

— Developing and financing adaptation projects is an excellent way of building up a country’s resilience to disasters. The Philippine General Appropriations Act have calamity and environment provisions to make the budget a climate budget with special provisions on adaptation such as establishment of multi- hazard early warning system, rain harvesting, seed banks, rooftop gardens and practice drills for response and preparedness.

—A disaster risk insurance to help the Philippines better respond to losses from climate and disaster risk was launched with the support of the World Bank. The program provides $ 206 million in coverage against losses from severe typhoons and earthquakes to national government assets and participating provinces.

Under the program, the Government Service Insurance System ( GSIS) provides the government and the 25 participating provinces with disaster risk insurance, an innovative solution to mitigate the financial impacts of extreme climate and weather- related events.

— Consolidation of resilience endeavors was adopted in the Philippines with the launch of the National Resilience Council to align and integrate various endeavors ( science and technology, civil society organizations, private sector ( business), government) in strengthening disaster reduction governance and investing in resilience, in effect integrating all resilience efforts on the same track.

A Resilient LGUs Leadership Program for local chief executives, brought together for the first time the government and big private business for disaster resilience, including the SM Foundation, Zuellig Family Foundation, Arise Philippines, Disaster Risk Reduction Foundation, Makati Business Club and Philippine Chamber of Commerce. Likewise, a private Philippine Disaster Resilience Foundation maintains a portfolio of programs, e. g., family preparedness, business continuity, public service continuity, as transformative investments in resilience through effective education and training. — In August 2019, local government leaders of the Yolanda Corridor ( Visayan cities and towns devastated by Super Typhoon “Yolanda”/” Haiyan”) called for an ambitious climate action in a jointly signed document, “The Communities for Resilience: Resolve of the Local Governments in the Yolanda Corridor.”

The recommendations include 1) promotion of community- led adaptation practices through peer- to- peer learning exchanges; and 2) cooperation between government and the scientific community in mainstreaming adaptation and mitigation in local government planning.

— Pending before the Congress of the Philippines is a bill creating a Department of Disaster Resilience. The new agency will be tasked to carry out science- based continuous, consistent and fortified calamity defense program and ensure the country’s sustainable development and inclusive growth.

Currently, the National Disaster Risk Reduction and Management Council created by RA 10121 ( 2010) is in charge of the country’s risk reduction and resiliency efforts.

Among Asean member states, Thailand maintains a Department of Disaster Prevention and Mitigation.

— Climate change litigation can likewise be resorted to as it relates to anti-graft and corruption

resulting in death,

injuries and losses or

damage to property when disasters occur, including nonimplementation of rehabilitation plans.

Actually, disaster risk reduction may be considered as a breakthrough in the area of environmental law, which, from its inception, suffers from lack of attention. Take for example the matter of control of air pollution caused by emissions from motor vehicles. No one dies or immediately contracts a respiratory disease with the inhalation of polluted air. Natural disasters are different. Results are sudden death, physical injuries and loss or damage to property. Disaster resilience is now a leading concern in the whole world and people should be made aware of the immediacy of action needed against disasters.

Disaster resilience deserves priority, along with food security, poverty alleviation and population control, among others, for sustainable development.