Disaster risk reduction elements in the PPED draft articles - Side event on the margins of the PPED PrepCom

Background

The inclusion of disaster risk reduction (DRR) within the Draft Articles on the Protection of Persons in the Event of Disasters reflects a broader evolution in international approaches to disaster governance. While international legal frameworks have traditionally focused on disaster response and assistance, growing recognition of the human, economic and environmental costs of disasters has reinforced the importance of prevention, preparedness and resilience-building as integral components of protecting persons from disaster impacts.

This shift is reflected in the growing body of international policy and normative frameworks addressing disaster risk, including the Sendai Framework for Disaster Risk Reduction 2015–2030, which places the prevention of new and reduction of existing disaster risk at the centre of sustainable development efforts. As disaster risks become increasingly complex and interconnected, including climate-related, biological, technological and cascading risks, and as their impacts are experienced differently across populations, with women, children, persons with disabilities and people in vulnerable situations disproportionately affected, the relationship between DRR, international cooperation and the protection of persons has attracted growing attention.

Within the International Law Commission's Draft Articles, DRR is reflected most explicitly in Article 2 (Purpose) and Article 9 (Reduction of the Risk of Disasters), while provisions on international cooperation contained in Articles 7 and 8 also have relevance for risk reduction efforts.

Article 2

Purpose The purpose of the present draft articles is to facilitate the adequate and effective response to disasters, and reduction of the risk of disasters, so as to meet the essential needs of the persons concerned, with full respect for their rights.

Article 9

Reduction of the risk of disasters 1. Each State shall reduce the risk of disasters by taking appropriate measures, including through legislation and regulations, to prevent, mitigate, and prepare for disasters. 2. Disaster risk reduction measures include the conduct of risk assessments, the collection and dissemination of risk and past loss information, and the installation and operation of early warning systems.

As Member States consider the Draft Articles and the written amendment proposals submitted during the preparatory process, a number of questions have emerged regarding the scope and implications of these provisions. These include the relationship between the Draft Articles and existing DRR frameworks; the implications of different approaches to defining disasters; the nature of the obligation contained in Article 9; and the role of cooperation and assistance in supporting DRR.

Against this backdrop, the side event will provide an opportunity for a technical exchange on the DRR dimensions of the Draft Articles. The discussion is intended to support reflection on key policy and legal issues that have arisen during the preparatory process, drawing on relevant international frameworks, State practice and expert perspectives.

Guiding questions

• What are the implications of different approaches to defining disasters, particularly in relation to scope, applicability and coherence with existing frameworks?  
• What are the legal and practical implications of Draft Article 9 on the reduction of disaster risk, including considerations of due diligence, national capacities and implementation responsibilities?  
• How can the Draft Articles reflect principles of cooperation and assistance in DRR, while respecting the sovereignty of States and the primary responsibility of the affected State, and what examples have been observed at global and regional levels?  
• How can the Draft Articles complement and reinforce existing international frameworks, including the Sendai Framework, while avoiding duplication or fragmentation?

Programme

Opening Remarks:

• Her Excellency Ms. Shanchita Haque, Deputy Permanent Representative of Bangladesh to the United Nations

Overview of Draft Articles on DRR and Written Amendment Proposals:

• Ms. Martina Müller, Programme Management Officer, New York Liaison Office, United Nations Office for Disaster Risk Reduction

Panellists:

• Prof. Kirsten Bookmiller, Professor, Department of Government, Law, and International Relations, Millersville University, and Adjunct Faculty, Disaster Law, Vermont Law and Graduate School
• Prof. Marie Aronsson-Storrier,Lecturer in Law, University College Cork
• Prof. Giulio Bartolini, Professor of International Law, Roma Tre University
• Mr. Lawrence Dimalig, Assistant Director for Disaster Monitoring and Analysis, ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management

Open discussion

• Following the side event, Professors Kirsten Bookmiller, Marie Aronsson-Storrier, and Giulio Bartolini will be available in the afternoon of 1 September for one-on-one informal discussions on legal aspects of the proposed convention. Meetings will be accommodated on a first-come, first-served basis. Any views shared during these discussions are offered in the professors' personal academic capacities.