From when we are born until we die most of our daily activities are controlled by different norms, such as civil registration, house buying/letting, mortgages, work contracts, inheritances. We know that if we do not respect the law we will be faced with criminal or civil penalties. Hence, we act accordingly. Could you imagine a real, rather than an ideal, society without laws? Despite the importance of laws and regulations, experts and organisations without a legal background do not usually think about them in the context of Disaster Risk Reduction (DRR). In my experience, they usually tend to hide from laws and regulations. They simply pay attention to technical standards and guidelines.

Environmental legislation usually involves the legal framework for mitigating natural hazards through sectoral legislation in areas such as land, water and coastal management, civil protection or public works and the provision of housing. Legislation could regulate the uncontrolled growth of cities through a land act, which it is usually something that governs the different tools for land use planning. In hazard-prone areas, prohibitions, restrictions, or recommendations could be used. Environmental legislation deals with strategic environmental assessments, which evaluate the plans (for instance, a flood risk management plan or local hazard regulation plans). Meanwhile, a civil protection act regulates different disaster risk reduction actions to be taken before, during and after a potential or actual harmful event. Compulsory building codes or antiseismic norms also contribute to the mitigation of disasters. Legislation establishes a network of procedures and mechanisms for cooperation and collaboration among different institutions so that disaster risk management is gradually adopted through laws and regulations, as is the case in some countries.^[1]

Non-structural measures such as legislation and land use planning are some of the most cost-effective DRR tools. They can mitigate or minimise, or even avoid, socio-economic losses related to natural hazards before destructive events happen. Unfortunately, civil protection is usually focused on short-term horizons during and after disaster instead of becoming a cornerstone of long-term actions before the disaster in the fields of prevention and prediction. “It is better to be safe than sorry”, but politicians or planners engaged in disaster risk management (DRM) probably prefer a “safe bet” by spending money in the short term in early warning, response and recovery of a real disaster instead of “wasting money” in prevention and mitigation of future adverse events. Local governments are usually more concerned about making money through construction permissions than in ensuring safety. DRM fails if risk reduction legislation is not enacted and enforced.

Does smart legislation ensure better DRR?

Not necessarily: compliance with laws and regulations is usually low. Although DRR mechanisms may be treated as compulsory in some national or local systems, institutions tend not to enforce them. For instance, flood hazard and risk maps have been established by EU countries after the enactment of Directive 2007/60/EC on the assessment and management of flood risks. Such maps should be considered in local planning, but local authorities do not usually use them to establish land use in relation to the level of hazard, even when flood hazard and risk maps are freely available.

In Spain, according to civil protection legislation, local emergency plans that focus on earthquake, flood and volcanic hazards have been compulsory since the 1990s. However, most municipalities still have no civil protection plans. The Lorca earthquake of 2011 killed nine people, but the earthquake hazard map was blamed instead of the lack of compliance with the seismic building code. The La Palma eruption of 2021 affected more than 1500 houses, but the volcano was treated as the only guilty party, even though some houses were built too close to the ravines in which the lava flowed. For public administrations it is easier to blame scientists or practitioners than recognise their own faults.

In the last century, some natural disasters were considered to be “acts of God”. Currently, climate change is blamed. The authorities are not assuming their own responsibilities and thus, when disaster strikes, all citizens pay for their lack of responsibility.

Barriers to DRR legislation

When dealing with DRR, it is not easy to find the right mix of legislation. Scattered sectoral legislation tends to become lost in this complex legal labyrinth. Conflicts of competency and jurisdiction are particularly common in countries with decentralised administrations. In many cases, methodologies and return periods for hazard and risk maps have not usually been established using appropriate technical standards and guidelines. Unfortunately, cooperation and coordination among different stakeholders do not have a history of effective achievements.

While the legislation is the means, planning is the outcome. Even the presence of compulsory laws and regulations does not guarantee that land use and hazard maps will be effective. Lack of instruments to systematically monitor compliance with legislation, for instance in urban planning, means that it is difficult to assess the proportion of local plans that fail to respect the law. Hazard-prone areas should be classified as rural land instead of developable land, or at least some land uses should be avoided, or some restrictions or recommendations should be considered according to the level of hazard. However, it is difficult to tell whether planning institutions really proceed according to the law. On the other hand, hazard maps to be expressly used for zoning should be created by means of the economic resources of governmental institutions (and probably at a small scale). However, they tend to be created using private resources and at larger scales. In the first instance, DRR legislation is mainly designed to be enforced by public administrations, but prevention is usually transferred to individual stakeholders.

Natural hazards maps are not cheap to make or easy to create. Hence, shortage of economic funds and a deficit of well-prepared human resources constitute more barriers to DRR. However, in my opinion, the lack of accountability of decision makers is the most important barrier. In their own businesses they probably employ a precautionary approach (much as environmental legislation does), but they avoid it in public affairs.

Incompatibility of different land-use planning systems and tools is something that adds difficulties to disaster risk management.

Legislation and the Sendai Framework for DRR

The importance of legislation was underlined in the Hyogo Framework for Action, which focused on the enactment of dedicated DRM laws. The Sendai Framework goes further by promoting the coherence of the entire national legal and policy framework.^[2]

All priorities for action (PFAs) of the Sendai Framework for DRR need to be rooted in legislation. In particular, to achieve PFA 2 at the national and local levels, it is important to integrate DRR into national and local frameworks of laws, regulations and public policies by developing new laws or amending existing legislation. There is a need to allocate necessary resources and establish mechanisms to ensure compliance. On the other hand, land-use planning has been considered as a vital means to achieve PFA 2 (from local to global levels) and PFA 3 (at national and local levels).

References to different relationships among policies, strategies and plans can be found throughout the Sendai Framework for DRR. They should lead to normative tools.

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References

1. Garrido, J. and Saunders, W.S.A. (2019). Disaster Risk Reduction and Land Use Planning: Opportunities to Improve Practice. In: Shakoor, A., Cato, K. (eds) IAEG/AEG Annual Meeting Proceedings, San Francisco, California, 2018 – Volume 5. Springer, Cham. https://doi.org/10.1007/978-3-319-93136-4_20. ⏎
2. IFRC and UNDP (2015). Handbook on Law and Disaster Risk Reduction. International Federation of Red Cross and Red Crescent Societies and United Nations Development Programme: Geneva, Switzerland. p 76. ⏎

Acknowledgments

I gratefully acknowledge discussions with Prof. David Alexander. Thanks for his kind and helpful revision.

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Jesús Garrido Manrique is a visiting researcher at IRDR, analysing the application of legislation in urban planning for disaster risk reduction. He is a Lecturer in the Department of Civil Engineering at the University of Granada, Spain, and is the Head of World Geologist NGO (Andalusia Branch), working in DRR and water supply projects in Central America.

Author: Dr. Laila Shahzad*

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According to the IPCC AR5, the human influence on the planetary climate system is undeniable and emissions from greenhouse gases (GHGs) are at the highest levels ever seen in the history of mankind. These climatic changes have had widespread impacts on human and natural systems. The most visible effects of changing climate are variation in rainfall pattern, increasing average temperature, glacier melting, rising sea levels, crop diseases, species invasions, weather related disasters and many more. Human activities involved in bringing these changes are industrial processes, fossil fuel burning, vehicular emission, and agriculture. The unpredictable rainfall patterns and variable seasonal precipitation badly influence the soil water availability for crop, loss from floods or drought, and become a serious issue for the farmers of South Asia and policy makers as a greater threat to food security.

South Asia, a region chiefly described as having agricultural-based economies, is considered as the most vulnerable region in the world. As the change in food growth and production will directly affect the food needs of burgeoning population due to disturbance in financial, ecological, and social systems on this part of planet earth. The situation in the region is worsened by locality, topography, socio-political influences, literacy rate, unskilled labourers, economic instability, poverty, and livelihood dependency on natural resources.

Pakistan, a country with 225 million (approx.) inhabitants suffered by the unprecedented floods in June 2022 which lasted for months. Torrential monsoon rains triggered the severe flooding which washed away thousands of houses and crop land leaving people homeless and food insecure.

A little background

Pakistan is the second largest country by its area in South Asia after India, and is highly vulnerable to climatic changes, ranked among the top ten countries by the Global climate risk index of the world in past many years. The country is recurrently affected by the disasters in both the long term index and in the index of a respective year, alluding to the persistent nature of underlying vulnerabilities. The climate of the country ranges from subtropical arid to semi-arid and temperate to alpine. Precipitation varies from 100 to 2000 mm mainly from June to September across the countryside. It is broadly an agrarian country with a contribution of 21% to GDP from agriculture which provides employment to 62% of the population. The main crops are wheat, cotton, and rice grown at different agro-ecological zones of the country with diversified hydrological, soil, and climatic conditions. Temperature and rainfall show constantly increasing and decreasing trends, respectively. Since the start of the 20^th century, the rising temperature has caused an increase in demand of evapotranspiration for crops by up to 10-30%. The agricultural system in Pakistan is already worsened by the urbanisation as it has decreased the production due to conversion of fertile land into housing societies. On the other side, recurring floods end up losing the soil fertility and disturbing the crop cycle.

Floods of 2022: a compound disaster

The 2022 Pakistan floods caused unprecedented damage to agriculture crops, livestock, and infrastructure, including damages to storage facilities with tons of grain, posing unmeasurable risk. Badly affected crops include—but are not limited to—rice, sugarcane, cotton, wheat, and small-scale farmers totally lost their livelihood. Pakistan is the world’s fifth-largest producer of cotton and produces about 5% of world’s demand which will affect the supply due to flood damages.

According to the World Bank, the worst hit sectors are housing, agriculture, livestock, and, lately, transport and communications with significant damages of USD 5.6 billion, USD 3.7 billion, and USD 3.3 billion, respectively (Pakistan Floods 2022 Post-Disaster Needs Assessment). This actually calls for cascading effects as such massive disasters have tangible and intangible losses; in terms of water borne diseases, shortage of food, price hike, loss of machinery, post disaster trauma, losing mental health and wellbeing, and disturbing the crop cycle due to water logging.

So now the question arises: could this event be controlled or at least better managed? What Strategies did Pakistan have to minimise flood losses? The government of Pakistan is currently in the phase of recovery, where bringing people back to normal life is not easy. Though time has proved that this tragic event has to be a turning point when it comes to making disaster risk reduction policy for the vulnerable. The policy should have focused on the most vulnerable in enhancing climate resilience and adaptations by developing community-based disaster management at district and tehsil levels. Focus should be on nonstructural risk reduction measures by giving disaster education to the masses. In the shortest way, the emergency health system, training local farmers, introducing livelihood diversification, and emergency cash transfer system can be prioritized. This calls for interactive and integrated polices where communities need to be prepared for future disasters and be a part of policy making. The government tiers have to be more connected than working in isolation as managing the compound impacts will not be an easy job.

With the theme of building back better, Pakistan should not only manage the losses and provide immediate support to families; rather, a long way to go is “to plan” as climatic emergencies will keep coming with more magnitude and frequency, and to the more vulnerable.

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*Dr. Laila Shahzad is a post-doctoral fellow in the Institute for Risk and Disaster Reduction, UCL London and Assistant professor at Sustainable Development Study Centre, GC University, Lahore, Pakistan. | lailashahzad@gcu.edu.pk

Mhari Gordon is a PhD student at UCL-IRDR.

This blog was jointly posted with RADIX and COPE.

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This month, November 2022, I was fortunate enough to attend and present at the Northern European Emergency and Disaster Studies (NEEDS) Conference as well as participate in the preceding PhD workshop. The PhD workshop was run over a day and a half by Emmanuel Raju, Ksenia Chmutina, and JC Gaillard and attended by 18 PhD students. The workshop was a fantastic experience and great opportunity to meet enthusiastic disaster scholars.

The workshop kicked off with an activity mapping how our PhD research topics connected in terms of key concepts, methodologies, research subjects or objects, and geographical locations. Despite diversity in our research orientations and backgrounds, the mapping exercise highlighted overlaps. For example, many of our studies focus on groups which are under-represented individuals in disaster studies, such as genders beyond the binary, learning challenges, youth, and refugees. We also noticed a trend in using methodologies which sit more on the mixed and qualitative methods side, moving away from large-scale approaches observed in quantitative methods.

Moreover, we recognised and spoke about our experiences of using concepts such as vulnerability, resilience, and intersectionality. Terms which were originally critical ‘western’ concepts that have now turned into mainstream buzzwords and act as blanket and uniform (or universalism) approaches in disaster studies. There is a tension between reclaiming the true heterogeneous nature of such concepts, but also debating the need to move beyond them. Such concepts may not have the same meanings, or even exist, in all cultures and languages. New disaster studies need to be more reflective and critical by expanding out of the previous siloing and labelling as well as welcoming the diversity of cultural contexts. This led to us reflecting on our positionality in studying disasters and how to navigate this in terms of methodologies and sharing our messages with audiences. During the afternoon sessions, we started asking questions such as why is the research being done and who will benefit? We then analysed and critiqued a more extensive set of questions which is outlined in the RADIX Disaster Studies Accord (link).

The second morning was dedicated to publishing in disaster journals. The workshop facilitators and guests, including Christine Eriksen, Rodrigo Mena, Eefje Hendriks, and Ricardo Fuentealba, shared valuable and practical advice. The two key takeaways from the morning were to consider 1) the editors of a journal and 2) the format of publication. As authors of academic publications, we need to critically consider how we can best present and do justice to the messages that we are sharing. This may be in the likes of keeping parts of the text in the original language so that the local context and meaning are not lost in translation or interpreted with western-academic terms and norms. Or the likes of different formats to the standard academic paper such as a comic strip – which will be included in an upcoming issue of the Disaster Prevention and Management Journal (journal link).

The advice shared with the PhD students for publishing in Disaster journals was:

Ask colleagues and mentors about their experiences with different journals and seek their advice on which journal they think is most suitable for our manuscript.

Read the scope of the journal and if there is still uncertainty about whether our manuscript’s topic fits, then send an email to the editor(s) asking for their advice before formally submitting.

Look at which journals our citations and references, as well as scholars with similar research interests, have published in. This will give one an initial indication of the type of work which is accepted by the journal.

Editors can usually tell by the title and first few sentences of the manuscript whether it will be accepted for peer review or not – so our manuscript needs to be convincing from the start.

Do not panic if it is taking a few months between the manuscript being accepted for review and receiving feedback. It can take time to find appropriate and willing reviewers and for them to review the manuscript. There are also unexpected delays or interruptions during this process.

Finally, if the authenticity of the research and manuscript does not match the standardised format but fits within the scope of a journal, then we should not hesitate to contact the editor(s) to see if they are willing and able to find a creative solution!

Overall, the key message from the PhD workshop was to keep pushing the boundaries of disaster studies, in terms of concepts, methodologies, and assumptions, as well as how we share our research!

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More information about the NEEDS 2022 conference, including keynotes and panels, can be found at: https://eventsignup.ku.dk/needs2022/conference.

I would like to gratefully acknowledge the UCL Warning Research Centre for funding my PhD study and the UCL Institute for Risk and Disaster Reduction for funding the expenses for me to attend the NEEDS 2022 Conference.