General Normative Guidance Normative Guidance on Specific Issues

5 Guidelines for the domestic facilitation and regulation of international disaster relief and initial recovery assistance IDRL Guidelines 2007. 56 Other relevant legal documents, including but not limited to 1 Charter on Cooperation to Achieve the Coordinated Use of Space Facilities in the Event of Natural or Technological Disaster of 2000; 2 The statues of the International Red Cross and Red Crescent Movement as amended in 1995; 3 The Principles and Rules of Red Cross and Red Crescent in Disaster Relief as amended in 1995; 4 The supplementary measures to enhance the implementation of the Seville Agreement of 2005; and 5 The measures to Expedite International Relief of 1977. 57 One of the most fundamental international instrument which regulated on the mechanism and gives fundamental principles on disaster management in a time of disaster response is the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance IDRL Guidelines 2007. 56 Anonymous, “IDRL Guidelines”, International Federation of Red Cross and Red Crescent Societies, accessed from http:www.ifrc.orgenwhat-we-doidrlguidelines , February 19, 2016 at 03:42 PM. 57 Natalia Yeti Puspita, Op. Cit., p. 8. The guidelines are primarily intended as a set of recommendations to governments to help them to strengthen their own national laws and policies related to international disaster assistance. Using the guidelines, governments can prepare themselves to avoid the common bureaucratic barriers to relief e.g., in visas, customs clearance, overflight and landing permission, tax exemptions, and recognition of domestic legal status while also ensuring adequate systems of oversight and monitoring of the quality and coordination of relief efforts. This will help to ensure that affected communities receive the right aid at the right time. 58 They may also prove useful for the development of bilateral and regional agreements and for agreements between governments and humanitarian organizations. States and National Societies unanimously adopted the Guidelines in 2007 at the 30th International Conference of the Red Cross and Red Crescent. 59 The IDRL Guidelines recognize that the affected state holds primary responsibility for disaster response. 60 However, if the state determines that the effects of a disaster exceed national capacities to respond effectively, it 58 International Federation of Red Cross and Red Crescent Societies, Introduction to the Guidelines; for the domestic facilitation and regulation of international disaster relief and initial recovery assistance , Geneva: IFRC Publisher, 2011. p. 11. 59 Ibid. 60 Paragraph 3, IDRL Guidelines. See also UN GA Resolution 46182 1991, UN GA Resolution 57150 2002, and Hyogo Framework of Action 2005 hereinafter referred to as the „Hyogo Framework‟. should seek regionalinternational assistance. 61 Moreover, the IDRL Guidelines recognize that the state has the sovereign right to coordinate, regulate and monitor disaster relief and initial recovery assistance provided on its territory, consistent with international law. 62 The IDRL Guidelines state that international responders should comply with applicable national and international law, coordinate with government, and respect the dignity of affected persons. 63

2. ASEAN Regulation on Disaster Management

Disaster management issues continue to represent one of the most pressing areas for cooperation in the Association of Southeast Asia Nations ASEAN Regional Forum ARF region. In part due to the dialogue within ARF, a consensus has emerged on the need to better mitigate, manage and respond to disasters. 64 The commitment of ASEAN towards disaster management due to facts that countries of ASEAN are: geographically located in one of the most disaster-prone regions of the world, the ASEAN region sits between several tectonic plates causing earthquakes, volcanic eruptions, and 61 See UN GA Resolution 46182 1991, and Hyogo Framework. 62 See UN GA Resolution 46182 1991. 63 Paragraph 4, IDRL Guidelines. See also UN GA Resolution 46182 1991, Oslo Guidelines on the Use of Military and Civil Defence Assets in Disaster Relief, updated 2006 Oslo Guidelines, and Sphere Humanitarian Charter and Minimum Standards in Disaster Response Sphere Handbook. 64 ASEAN Regional Forum, ASEAN Regional Forum: Work Plan for Disaster Relief 2015-2017, Jakarta: ASEAN Secretariat, 2015. p. 4. tsunamis; the region is also located in between two great oceans namely the Pacific and the Indian oceans causing seasonal typhoons and in some areas, tsunamis, and the countries of the region have a history of devastating disasters that have caused economic and human losses across the region. 65 In the ASEAN region, ASEAN has the regulation on disaster management, there are: 66 1 Agreement on Disaster Management and Emergency Response, Vientiane, 26 July 2005; 2 ASEAN Declaration on Mutual Assistance on Natural Disasters, Manila, 26 June 1976; 3 Declaration on Action to Strengthen Emergency Relief, Rehabilitation, Reconstruction and Prevention on the Aftermath of Earthquake and Tsunami Disaster of 26 December 2004; 4 The ASEAN Agreement on Transboundary Haze Pollution of 10 June 2002; 5 The ASEAN Agreement for the Facilitator of Search of Ships in Disasters and Rescue of Survivors of Aircraft Accidents of 14 April 1972; 65 Sushil Gupta et al, Synthesis Report on Ten ASEAN Countries Disaster Risk Assessment; ASEAN Disaster Risk Management Initiative , Jakarta: ASEAN Secretariat, 2010. p. 1. 66 Natalia Yeti Puspita, Op. Cit., p. 13.