ブックタイトルRecommendations to prepare for future mega-disasters in Japan

概要

Recommendations to prepare for future mega-disasters in Japan

? Relevant laws and regulations should be reviewed and, as required, developed oramended, so that consequential damages caused by the international relief operationsand possible accidents involving the international aid workers can be handledappropriately. The law should govern liabilities for damages associated with acceptinginternational assistance including injuries, deaths and property damages caused by theinternational relief personnel; health related and environmental problems caused by therelief items; and compensation for such injuries, deaths and other damages resultingfrom rescue and relief operations conducted by the international teams. In principle, theinternational teams should be treated in the same manner as the Japanese disasterresponse actors, who will be essentially exempted from legal liabilities for damagescaused by their relief operations except for those caused by gross negligence. Regulatingthese through concluding either bilateral or international agreements are possiblealternatives. However, at present, no standardised rule has been established evenwithin the INSARAG framework regulating the deployment of international search andrescue teams. 21 Therefore, the Government of Japan should actively contribute to therule-making discussion at the international level in this regard.(ii) Promotion of legal preparedness supported by developing exceptional provisions andadministrative manuals? Developing exceptional provisions in existing laws, regulations and ministerialordinances, that are applicable to the disaster response and emergency phase, iseffective. This approach is in line with the International Disaster Response Laws (IDRL)concept advocated by the International Federation of the Red Cross and Red CrescentSocieties (IFRC). In addition, legal preparedness of a wider definition should bepromoted, such as developing administrative manuals and operationalguidelines/standards, which, even if not legally binding, the relevant Ministries shouldstill follow on their areas of expertise in response to a disaster.? Receiving rescue dogs from overseas is a good example where legal preparednessworked effectively during the GEJE. At the time of the Great Hanshin Awaji Earthquakethat preceded the GEJE, the Government of Japan was unable to accept internationalteams coming with rescue dogs immediately. Having leant the lesson, the Ministry ofAgriculture, Forestry and Fisheries (MAFF) revised its ordinance related to quarantiningexported and imported dogs, by adding a specific provision that allows the dogs beingquarantined can be be released temporarily if they are needed for disaster relief(Paragraph 5, Article 4 of the ordinance). The ordinance also stipulated thepreconditions to accept the rescue dogs, including their vaccinations againsthydrophobia. Thanks to these preparedness measures, the MAFF was able to issue anotice on March 11, 2011 - the very first day of the GEJE - promptly reminding andputting into effect the flexible application of the quarantine rules and informing thecountries offering the rescue dogs of the specific conditions for their acceptance. Thisminimized confusion and allowed two teams accompanying rescue dogs (Singapore and2 1 The Government of Japan should also take into account various approaches taken by other developed countriesin terms of receiving international rescue and medical teams. In particular, a report titled‘International AssistanceSystem’published by the U.S. Federal Emergency Management Agency (FEMA), the U.S. Department of State andthe U.S. Agency for International Development (USAID) in 2010 is noteworthy. Based on lessons learnt fromaccepting international assistance during the Hurricane Katrina crisis, the report argues that foreign relief personnelshould be requested only as a last resort because of potential concerns including compensation andindemnification.17