Executive Summary
This report was commissioned to examine Tonga’s legal and policy frameworks relating to disaster response, in particular the effectiveness of these frameworks in facilitating the smooth entry of international humanitarian assistance into Tonga during a disaster.
This report aims to examine the relevant legal and policy frameworks in Tonga against the recommendations contained in the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (also known as the “IDRL Guidelines”), which were adopted by the state parties to the Geneva Conventions at the 30th International Conference of the Red Cross and Red Crescent in 2007. The IDRL Guidelines are the outcome of nearly a decade of global research and consultations undertaken by the International Federation of Red Cross and Red Crescent Societies (IFRC) and serve as a practical set of recommendations to governments on how to prepare their relevant legal and policy frameworks to facilitate and receive international humanitarian assistance in to a country, in response to a disaster.
These recommendations can be adopted in part or in whole and can be adapted to suit each country’s unique context. This report is only the third of its kind to be undertaken in the Pacific region, the first having been completed by the Vanuatu Red Cross Society in 2011 and the second by the Cook Islands Red Cross Society in 2012.
However, National Red Cross and Red Crescent Societies have supported governments to undertake similar reports in over 40 countries around the world since 2007, and 18 countries have already adopted new laws or rules drawing on the Guidelines while a dozen others have bills pending. Of particular importance to the Pacific region is the outcome statement by Pacific Islands Forum Leaders in 2012 endorsing the use of the Guidelines, referenced below in Chapter 1.
This report also uses the IFRC’s Model Act for the Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (Model Act) as a guidance tool. The Model Act serves as an example of how States can integrate the recommendations of the IDRL Guidelines into their national laws. The Model Act was developed over a two-year period as a collaboration between the IFRC, the United Nations Office of the Coordination of Humanitarian Assistance (UNOCHA) and the Inter-Parliamentary Union (IPU).
Tonga has been beset by numerous natural and man-made disasters in recent years and the intensity and devastation of these disasters has forced all stakeholders, both domestic and international, to reflect on the nation’s responsiveness and to review the efficacy and effectiveness of the emergency management structures. With several stakeholders mandated with some form of authority and directive in emergency planning and response, clarity in the roles and responsibilities between stakeholders themselves is a primary issue, as was highlighted in the aftermath of Tropical Cyclone Ian (TC Ian).
The Category 5 cyclone, which struck Tonga on the 2nd January 2014, was the most powerful storm ever recorded in Tonga and had devastating impacts on the Ha’apai island group. An estimated 5,500 people, approximately 70% of the Ha’apai population, were affected. Approximately 1,100 houses and many of the public facilities were damaged or destroyed. Fourteen people were injured and one person died. The estimated cost of immediate needs for the first 3 months following the cyclone was TOP28.4 million.
The World Bank funded the key recovery project and has committed USD15.89 million to Ha’apai’s rehabilitation through its Tonga Cyclone Ian Reconstruction and Climate Resilience Project.1 The devastation caused by TC Ian revealed the existing limitations in the nation’s readiness and preparedness. The event highlighted clearly the need to seal the gaps in the existing legal and policy frameworks with a number of core changes implemented particularly to the institutional organization and administration of disaster response.
Legal issues are often overlooked as part of preparedness planning for disasters. This is particularly so for situations where international assistance may be needed, which has traditionally been dealt with on an ad hoc basis. For over a decade Red Cross and Red Crescent National Societies with the support and partnership of the IFRC2 has been researching large scale disaster response operations. Research in this area has demonstrated that vital international support can be hampered by issues such as: a lack of legal recognition for foreign relief providers; customs delays and tax requirements for medication, relief goods and equipment; complications with visas for relief personnel; and a lack of recognition of foreign professional qualifications in emergency situations.
It has also been found that unclear standards and mechanisms for the oversight of international assistance can impair domestic authorities’ ability to take a leading role in an international relief operation.